Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutCouncil 09/26/2005AGENDA RENTON CITY COUNCIL REGULAR MEETING September 26, 2005 Monday, 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Cuautla, Jalisco, Mexico Sister City Cultural Exchange Report 4. PUBLIC HEARING: Hoquiam Annexation - 60% Notice of Intent to annex petition and R-8 zoning for 20.49 acres located in the vicinity of 140th Ave. SE, 144th Ave. SE, SE 122nd St., and SE 124th St. 5. ADMINISTRATIVE REPORT 6. 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. 7. 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. Approval of Council meeting minutes of 9/19/2005. Council concur. b. City Clerk reports bid opening on 9/13/2005 for CAG-05-144, Benson Rd. S. (Main Ave. S. to S. 26th St.); eight bids; engineer's estimate $514,045.10; and submits staff recommendation to award the contract to the low bidder, Dennis R. Craig Construction, Inc., in the amount of $459,508.35. Council concur. c. City Clerk submits petition for street vacation for portion of unopened Aberdeen Ave. NE, south of NE 40th St. at Monterey Pl. NE; petitioner Ron G. Dohm, 3767 Monterey Pl. NE, Renton, 98056 (VAC-05-003). Refer to Planning/Building/Public Works Administrator; set public hearing on 10/17/2005 to consider the petition. (See 10.a. for resolution setting public hearing.) d. Community Services Department recommends adoption of the Heather Downs Park Master Plan; 9.18-acre site located on Union Ave. SE, south of NE 4th St. Council concur. e. Economic Development, Neighborhoods and Strategic Planning Department submits 10% Notice of Intent to annex petition for the proposed Leitch Annexation, and recommends a public meeting be set on 10/10/2005 to consider the petition; 14.6 acres bounded by SE 136th St., 140th Ave. SE, SE 138th St., if extended, and 143rd Ave. SE. Council concur. f. Finance and Information Services Department recommends approval of changes to the business license reporting period. Refer to Finance Committee. g. Hearing Examiner recommends approval, with conditions, of the Wedgewood Lane Division 1 Preliminary Plat; 18 single-family lots on 3.07 acres located at 980 Hoquiam Ave. NE (PP-03- 053). Council concur. h. Hearing Examiner recommends approval, with conditions, of the Kristen Woods Preliminary Plat; 20 single-family lots on 3.84 acres located at 3200 block of Benson Dr. S. (PP-05-056). Council concur. i. Transportation Systems Division recommends approval of an agreement with the Transportation Improvement Board to accept a $2,208,000 grant for the Maple Valley Hwy. (SR-169) Improvements Project. Council concur. (See 10.b. for resolution.) (CONTINUED ON REVERSE SIDE) S. CORRESPONDENCE E-mail from Maureen and Kelly Goodwin, 1102 N. 30" St., Renton, 98056, concerning public safety, broken City ordinances, and lost City revenue because of the broken paybox at Gene Coulon Beach Park this summer. 9. 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: 2006 Community Development Block Grant Funding Recommendations; Former Renton Police Chief Busato Memorial b. Finance Committee: Vouchers; Cable Consultant Contract with Bradley and Guzzetta 10. RESOLUTIONS AND ORDINANCES Resolutions: a. Setting public hearing on 10/17/2005 for Dohrn street vacation petition (see 7.c.) b. TIB grant agreement for Maple Valley Hwy (SR-169) Improvements Project (see Ti.) Ordinances for second and final readin ;: a. Docket related changes to Title IV (1st reading 9/19/2005) b. Filing of appeals to Growth Management hearings Board (1st reading 9/19/2005) c. Boards and commissions organization and process modifications (1st reading 9/19/2005) d. Changing references from Board of Public Works to Public Works Administrator (1st reading 9/19/2005) e. Changing references from Board of Adjustment to Public Works Administrator (1st reading 9/19/2005) f. Vacation of three portions of Bremerton Ave. NE (1st reading 9/19/2005) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5:30 p.m. Heather Downs Park Final Concept; Five -Year Financial Forecast • blearing 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 IDES. & THURS. AT 11:00 AM & 9:00 PM, WEn. & FRI. A r 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCII, Regular Meeting September 26, 2005 Council Chambers Monday, 7:00 p.m. M I N U T E S Renton City Ball CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL, CALL OF RANDY CORMAN, Council President Pro Tem; MARCIE PALMER; DON COUNCILMEMBERS PERSSON; TON NELSON; DAN CLAWSON; DENIS LAW. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL EXCUSE ABSENT COUNCIL PRESIDENT TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE; WALTON, City Clerk; JULIE BREWER, Community Relations Manager; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; LINDA HERZOG, Interim Assistant to the CAO; COMMANDER KENT CURRY, Police Department. SPECIAL PRESENTATION Julie Brewer, Community Relations Manager, reported that a 12-member AJLS: Sister City Delegation delegation visited Renton's Sister City, Cuautla, Jalisco, Mexico at the end of Visit to Cuautla, Jalisco, August. She noted that the delegates, which included public officials, Cuautla Mexico Sister City Committee members, business representatives, community volunteers, and educators, were responsible for their own trip expenses. Ms. Brewer introduced Cuautla Sister City Committee Co -Chair Andee Jorgensen who displayed photographs of the trip, and described the many activities experienced, people met, and the sights seen during the trip. The presentation concluded with a performance of the national dance of Mexico by the dance group El Grupo Folklorico, Corazon de Mexico, which is made up of Hazen High School students (Francisco Ramirez, Jessica Huerta, Adriana Valdez, Giancarlo Miramontes, and Jeannette Zanabria) under the direction of Celeste Brady. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Hoquiam, 140th accordance with local and State laws, Mayor Keolker-Wheeler opened the Ave SE & SE 122nd St public hearing to consider the 60% Notice of Intent to annex petition and R-8 zoning for the proposed Hoquiam Annexation; 20.49 acres, including the abutting street right-of-way, located between 140th Ave SE, if extended, on the west, and 144th Ave. SE, if extended, on the east, and between SE 122nd St., if extended, on the north, and SE 124th St. on the south. Senior Planner Don Erickson reported that the area contains 19 single-family dwellings, and slopes to the southwest and southeast from 142nd Ave. SE. The area is served by the following public services: Fire District #25, Water District #90, Renton sewer, and the Renton School District. He stated that existing King County zoning is R-4 (four dwelling units per gross acre), and the Renton Comprehensive Plan designates the site as Residential Single Family, which allows for R-8 (eight dwelling units per net acre) zoning. Mr. Erickson noted the annexation site issues raised by City staff, including the needed improvements on NE 6th St., which are typically performed by developers during the subdivision process; and the potential flooding, which September 26, 2005 Renton City Council Minutes Page 325 will be managed by flood control measures applied at the time of development. He explained that the fiscal impact analysis indicates a surplus of $15,417 at full development, and there is an estimated one-time parks acquisition and development fee of $58,322. Mr. Erickson indicated that the proposed annexation is generally consistent with relevant Boundary Review Board (BRB) objectives and City policies. He stated that staff recommends invoking the BRB's jurisdiction in order to expand the annexation's boundaries further to the east. Public comment was invited. There being none, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ACCEPT THE HOQlI[AM 60% DIRECT PETITION TO ANNEX, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BRB, INVOKE THE BRB'S JURISDICTION TO EXPAND THE ANNEXATION AREA'S BOUNDARIES FURTHER TO THE EAST, AND PREPARE THE RELEVANT ORDINANCES. CARRIED. 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 2005 and beyond. Items noted included: • At the October 13th Citizen of the Year Banquet, Del Mead and Norm Abrahamson will be recognized as Outstanding Citizens and Al Talley will be honored as the 2005 Citizen of the Year. • The City of Renton is joining over 90 cities to "Walk Across Washington" on October 15th to raise awareness of the importance of physical activity and the availability of recreational opportunities offered by community parks and trails. • Renton participates in the Federal Emergency Management Agency's National Flood Insurance Program, which enables every Renton citizen to obtain flood insurance discounts of up to 15%. AUDIENCE COMMENT Arland "Buzz" Johnson, 334 Wells Ave. S., #306, Renton, 98055, expressed his Citizen Comment: Johnson - admiration of the hanging flower baskets in the City of Port Angeles, and Flanging Flower Baskets, suggested that Renton hire a different contractor to maintain its flower baskets Tonkins Park, Senior Center next year. He also stated that Tonkins Park, located at 399 Williams Ave. S., is underutilized and suggesting planting shade trees and holding children's events in the park. Additionally, Mr. Johnson reported that he participated in a hike organized by the Renton Senior Activity Center, and expressed his appreciation for the funding of the center. Citizen Comment: O'Halloran - Mike O'Halloran, 4420 SE 4th St., Renton, 98059, relayed the appreciation of Heather Downs Park the Union Ave. SE area residents for the City's support of the Heather Downs Development Park development. Citizen Comment: Johnston - Julie Johnston, 252 Vashon Ave. SE, Renton, 98059, stated that she attended Heather Downs Park many of the Heather Downs Park development meetings, and expressed her Development appreciation for the City's support of the park. She pointed out that the park will be an asset to the community. September 26, 2005 Renton City Council Minutes Page 326 CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 9/19/2005. Council concur. 9/ 19/2005 CAG: 05-144, Benson Rd S, City Clerk reported bid opening on 9/13/2005 for CAG-05-144, Benson Rd. S. Dennis R Craig Construction (Main Ave. S. to S. 26th St.); eight bids; engineer's estimate $514,045.10; and submitted staff recommendation to award the contract to the low bidder, Dennis R. Craig Construction, Inc., in the amount of $459,508.35. Council concur. Vacation: Aberdeen Ave NE, City Clerk submitted petition for street vacation for portion of unopened Dohrn, VAC-05-003 Aberdeen Ave. NE, south of NE 40th St. at Monterey Pl. NE; petitioner Ron G. Dohrn, 3767 Monterey Pl. NE, Renton, 98056 (VAC-05-003). Refer to Planning/Building/Public Works Administrator; set public hearing on 10/17/2005 to consider the petition. (See page 328 for resolution.) Community Services: Heather Community Services Department recommended adoption of the Heather Downs Downs Park Development, Park Master Plan; 9.18-acre site located on Union Ave. SE, south of NE 4th St. Master Plan Council concur. Annexation: Leitch, SE 136th Economic Development, Neighborhoods and Strategic Planning Department St & 140th Ave SE submitted 10% Notice of Intent to annex petition for the proposed Leitch Annexation, and recommended a public meeting be set on 10/10/2005 to consider the petition; 14.6 acres bounded by SE 136th St., 140th Ave. SE, SE 138th St., if extended, and 143rd Ave. SE. Council concur. Finance: Business License Fee Finance and Information Services Department recommended approval of Reporting Period changes to the business license fee reporting period. Refer to Finance Committee. Plat: Wedgewood Lane Hearing Examiner recommended approval, with conditions, of the Wedgewood Division 1, Hoquiam Ave NE, Lane Division 1 Preliminary Plat; 18 single-family lots on 3.07 acres located at PP-03-053 980 Hoquiam Ave. NE (PP-03-053). Council concur. Plat: Kristen Woods, Benson Hearing Examiner recommended approval, with conditions, of the Kristen Dr S, PP-05-056 Woods Preliminary Plat; 20 single-family lots on 3.84 acres located at 3200 block of Benson Dr. S. (PP-05-056). Council concur. Transportation: Maple Valley Transportation Systems Division recommended approval of an agreement with Hwy Improvements, TIB Grant the Transportation Improvement Board to accept a $2,208,000 grant for the Maple Valley Hwy. (SR-169) Improvements Project. Council concur. (See page 328 for resolution.) MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Maureen and Kelly Goodwin, 1102 N. 30th St., Citizen Comment: Goodwin - Renton, 98056, concerning public safety at Gene Coulon Memorial Beach Park, Gene Coulon Park, Public lack of enforcement of City ordinances, lost City revenue due to the broken pay Safety, Broken Pay Box box at the park's boat launch, and the refunding of money due to the broken pay box. Mayor Keolker-Wheeler noted that the issue regarding the broken pay box has already been handled by the Administration. Councilman Law recommended that the issues concerning public safety be reviewed during budget deliberations. September 26, 2005 Renton City Council Minutes Page 327 Added Correspondence was read from Julie Gonzalez, 1811 SE 8th Pl., Renton, 98055, Citizen Comment: Gonzalez regarding safety concerns in the downtown area and the lack of police presence Downtown Area Safety at the Renton Transit Center and Piazza. Concerns MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE GONZALEZ CORRESPONDENCE REGARDING THE SAFETY ISSUES IN THE DOWNTOWN AREA TO TIIE PUBLIC SAFETY COMMITTEE AND THE GOODWIN CORRESPONDENCE TO THE ADMINISTRATION_ FOR CONSIDERATION DURING BUDGET DELIBERATIONS. CARRIED. Councilman Law requested that the Administration send a letter to the Goodwins to inform them of the resolution of the broken pay box matter at Gene Coulon Park. Added Correspondence was read from Mike O'Halloran, 4420 SE 4th St., Renton, Citizen Comment: O'Halloran - 98059, asking that two bump -out traffic calming measures be installed at the Heather Downs Park intersection of Union Ave. SE and SE 2nd Pl. in addition to the four already Development, Additional proposed for the Heather Downs Park development. MOVED BY CORMAN, Traffic Calming Measures SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. UNFINISHED BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending that the subject of a memorial for former Renton Police Chief Committee Ang Busato and any financing of such a memorial be referred to the Community Services: Administration for further action. MOVED BY NELSON, SECONDED BY Memorial for Former Renton CORMAN, COUNCIL CONCUR IN TIIE COMMITTEE REPORT. Police Chief Ang Busato CARRIED. Human Services: 2006 CDBG Community Services Committee Chair Nelson presented a report Funds Allocation recommending concurrence in the human Services Advisory Committee recommendation that 2006 Community Development Block Grant (CDBG) funds be distributed as follows: CDBG Public Services Funds: Community Health Centers of King County/Dental Program $10,076 Communities in Schools of Renton/Family Liaison Program $7,176 Domestic Abuse Women's Network/Confidential Shelter $7,907 E1derHealth NW/Day Health Program $7,176 Emergency Feeding Program/Food Program $9,344 Visiting Nurse Services of the NW/Senior Health Promotion $7,176 Total $48,855 CDBG Capital Funds: City of Renton Housing Repair Program $164,546 Multi -Service Center $21,104 Total $185,650 CDBG Planning and Administration $48,855 The Committee further recommended adoption of the 2006 CDBG Contingency Plan as recommended by the Human Services Advisory Committee should the amount of funding available for 2006 increase or decrease. If there is an increase in CDBG public services funding, the increase is to be applied proportionally to: Communities in Schools of Renton/Family Liaison Program; Community Health Centers of King County/Dental Program; Domestic Abuse September 26, 2005 Renton City Council Minutes Page 328 Women's Network/Shelter Program; ElderHealth/Connection Day Health Program; and Emergency Feeding Program of Seattle and King County. Should there be a decrease in public services funding, any decrease is to be applied proportionally to all funded programs. If there is an increase in CDBG capital funding, any increases are to be allocated to the Housing Repair Assistance Program, with funding not to exceed $166,000. Any additional funds are to be allocated to the Multi -Service Center Employee Development Program. If there is a decrease in capital funding, the decrease is to be shared equally by all capital programs with the exception of the Housing Repair Assistance Program. There is to be no decrease to the Housing Repair Assistance Program. If there is an increase in planning and administration funds, the City is to take the maximum amount allowable to plan and administer the CDBG program. If there is a decrease in planning and administration funds, funding is to be decreased by that amount. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending approval Finance: Vouchers of Claim Vouchers 241079 - 241478 and two wire transfers totaling $1,889,902.16; and approval of Payroll Vouchers 59933 - 60208, one wire transfer, and 602 direct deposits totaling $1,902,320.45. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. City Clerk: Cable Television Finance Committee Chair Persson presented a report recommending Franchise Consultant Services, concurrence in the staff recommendation to approve the consultant agreement Bradley and Guzzetta with Bradley and Guzzetta, LLC for on -going cable television franchise management assistance in the amount of $2,000 per month, and for franchise renewal process services for an amount not to exceed $157,500 over the period of 2006-2008. The Committee recommended that the Mayor and City Clerk be authorized to execute the consultant agreement. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3773 A resolution was read setting a public hearing date on 10/17/2005 for vacating Vacation: Aberdeen Ave NE, an unopened portion of Aberdeen Ave. NE, south of NE 40th St. at Monterey Dohrn, VAC-05-003 Pl. NE (Ron G. Dohm; VAC-05-003). MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3774 A resolution was read authorizing the Mayor and City Clerk to enter into a Transportation: Maple Valley interlocal cooperative agreement with the Transportation Improvement Board Hwy Improvements, TIB Grant for the costs associated with the construction of the Maple Valley Hwy. (SR- 169) Improvements (Sunset Blvd. N. to Blaine Dr. SE). MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: September 26, 2005 Renton City Council Minutes Page 329 Ordinance #5153 An ordinance was read amending Chapters 4-1, 4-2, 4-4, 4-6 through 4-9, and Planning: Development 4-11 of Title IV (Development Regulations) and Chapter 9-11 of Title IX Regulations (Title IV) Docket (Public Ways and Property) of City Code by clarifying zone density controls & Amendments over zone lot size provisions and removing Green River Valley landscaping requirements; and by amending administrative, interpretation, and enforcement procedures; fees and fee refunds and waivers; binding site plan regulations; planned unit/urban development regulations; nonproject SEPA requirements; and definitions. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5154 An ordinance was read adding Section 4-8-110.A.7 and 4-8-110.I to Chapter 8, Planning: Growth Permits - General and Appeals, of Title IV (Development Regulations) of City Management Hearings Board, Code regarding the filing of appeals to the Growth Management Hearings Filing of Appeals Board. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5155 An ordinance was read amending Title II (Commissions and Boards) of City Board/Commission: Code by eliminating the Boards of Adjustment, Ethics, Public Works, Organization & Process Emergency Services Organization, Human Rights and Affairs, and Unfair Modifications Housing Practices; adding the Advisory Commission on Diversity, Library Board, Environmental Review Committee, LEOFF Disability Board, Lodging Tax Advisory Committee, and Airport Advisory Committee; and updating all remaining chapters. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5156 An ordinance was read amending Chapters 4-2, 4-4 and 4-6 through 4-9 of Title Board/Commission: IV (Development Regulations) and Chapter 8-7 of Title VIII (Health and Organization & Process Sanitation) and Chapter 9-2 of Title IX (Public Ways and Property) of City Modifications Code by changing references from the Board of Public Works to the Planning/Building/Public Works Administrator. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5157 An ordinance was read repealing Chapter 1-6 of Chapter 6, Code of Ethics, of Board/Commission: Title I (Administrative), and amending Chapters 4-1, 4-4, 4-5, 4-8 and 4-9 of Organization & Process Title IV (Development Regulations) of City Code by changing references from Modifications the Board of Adjustment to the Planning/Building/Public Works Administrator. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5158 An ordinance was read vacating three portions of Bremerton Ave. NE, located Vacation: Bremerton Ave NE, south of NE 4th St. and north of SE 2nd Pl. (Liberty Ridge LLC; VAC-04-007). Liberty Ridge, VAC-04-007 MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Clawson expressed concern regarding the emergency preparedness Fire: Emergency Preparedness of individuals, families, and businesses, and inquired as to the possibility of the City serving as a coordinating agency for other agencies and community groups for the formulation of an emergency preparedness plan that applies to everyone. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER EMERGENCY PREPAREDNESS FOR CITIZENS TO THE PUBLIC SAFETY COMMITTEE. CARRIED. September 26, 2005 Renton City Council Minutes Page 330 Mayor Keolker-Wheeler commented that an evaluation is currently taking place of the existing disaster plan, which is coordinated throughout King County. She noted the importance of continually updating and revising the disaster plan. Chief Administrative Officer Jay Covington stated that faith -based or social service organizations are more proficient at conducting quick assessments than governments, and he noted that issue will be addressed in the disaster plan review. Additionally, he noted the challenge of evacuating this area. Councilman Persson pointed out the possibility of not being able to evacuate the area and the importance of planning for that situation as well. Councilwoman Palmer reported that disaster preparedness will be the topic of a presentation at the Kennydale Neighborhood Association meeting on October 25th. Councilman Clawson asked that the Administration ensure that emergency preparedness information is available on the City's website. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:31 p.m. &V -'AGc%6t � Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann September 26, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING September 26, 2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 10/03 Annexation Study Results (East Plateau, (Briere) 5:00 p.m. West Hill, Fairwood) COMMUNITY SERVICES (Nelson) FINANCE (Persson) PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY MON., 10/03 Renton Transit Center Security (Law) 4:00 p.m. TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. �Y HOQUTAM ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF PROPOSED ANNEXATION WITH R-8 ZONING September 26, 2005 The City is in receipt of a 60% Direct Petition to annex from property owners in the proposed annexation area. The petition was certified by the County Assessor's Office on August 1, 2005 as having signatures representing at least 60% of the area's assessed value. The Council is being asked tonight whether it wishes to accept the 60% Direct Petition. The Council is also being asked, if it decides to accept the petition, what future zoning on the site should be if the Boundary Review Board for King County supports the annexation and Council later concurs. The 20.49-acre annexation site is within Renton's Potential Annexation Area and is designated Residential Single Family (RS) on the City's Comprehensive Plan Land Use Map. It is bordered by the City limits on its southern and western boundaries and lies generally between 1401h Avenue SE, if extended, on the west and 1441h Avenue SE, if extended, on the east. It is bordered by SE 122nd Street, if extended, on the north, and SE 124th Street on the south (see back side of this notice). There are twenty-eight single-family detached dwellings on the site at the current time. Under state law, the City is required to hold at least two public hearings regarding future zoning. Tonight's public hearing will be the first of these two hearings. The site currently has King County's R-4 zoning. Staff is recommending R-8 (8 units per net acre) zoning, which is consistent with the City's Residential Single Family land use designation, as shown on its Comprehensive Plan Land Use Map. This zoning allows approximately the same density as the County's R-4 zone, since the latter can be easily bonused up to 6 units per gross acre. Six units per gross acre is only slightly less than Renton's 8 units per net acre in the R-8 zone. On a typical 20-acre site the difference would only be eight units (128 units under Renton's R-8 zoning versus 120 units under the County's R-4 zoning, with bonuses). Renton's zoning deletes critical areas and streets from a site's gross acreage whereas the County's zoning does not. Also, the County's zoning allows both attached and detached units. With the City's proposed R-8 zoning, the 20.49-acre site could accommodate approximately 131 single-family detached dwellings at full development. Reviewing departments of the City consider this annexation to be a reasonable extension of their respective service areas and raised no major obstacles to this annexation. If the Council decides to accept this proposed annexation, it will typically authorize the Administration to: 1. Forward the Notice of Intent to Boundary Review Board; and, 2. Begin preparing draft ordinances for possible future implementation and rezoning. Council Hearing Handout 9-26-05.doe\ R 5Tl F 2. Cl) 0 e Wedgewood. 9dac Lane t ' 38.9 ac oa € Park Terrace ` f Maplewood 16ac - A b East i 261 ec ' �i w l3ndllCfg cr ` 1o6ac E� 5 Maplewood t , Addition Maplewood�� a; i, 60.5 as lementa 4 ; Existing Conditions • PAA - Within Renton's Potential Annexation Area • Location — Abuts both sides of Hoquiam Ave SE, between SE 1241h/NE 61' Street and SE 122"d Street • Size - ± 20.49 acres, including abutting street ROW • Uses -19 existing single-family dwellings • Boundaries - site abuts Renton on its southern and western boundaries. Hoquiam Annexation 60% Petition and Zoning Public Hearing September 26, 2005 Background • 10% Notice of Intent to Commence Annexation petition submitted by proponents to City on February 28, 2005 • 10% Notice of Intent Public Meeting held on April 25, 2005 pursuant to state law • 60% Direct Petition received on July 12, 2005 • 60% Petition certif ed by King County on August 1, 2005 • Tonight is the first of two required public hearings on possible future zoning Existing Conditions - Vicinity • Located north of City boundary at ,— SE 1240'/NE 6dh St • Located south of �L SE 1220a Street N�'_ ' r • Located between - 1400^ Ave SE on the west and 1441^ Ave �r SE on the east, if extended ' `41�r L Vicinity Map F F s =,0 +.,. 1 Existing Conditions - Structures E r I I p„ ( • Currently 19 single- , - family detached p� Z¢�4 houses on site ° A • Most likely future _ �• .. development on P — - IL larger under--- developed parcels t Map1 AStructures r q,, mac,�,/+ 4 q, t•y'gf View looking north along 1421 Ave SEJHoquiam Ave NE near middle of site Existing Conditions - Environmental • Topography -- variable a1� i'�=�z�• stones breaking to the , southwest and southeast from 14214 Avenue SE eS I • Environmental f+. constraints - None"t identified on site i Aerial view of site Existing Conditions - Topography i41 • From 142nd Ave SE ll«« site slopes down t towards the southwest - • From 142nd Ave SE site slopes down towards southeast t r — _J — Topography Map p- i 1 kf L r C)i F t e t 43 View looking north along 142' Ave SPJHcaluimn Ave NE appwwhing SE 1221 Street, at north end of site Existing Conditions - Public Services • Fire - District 25 • Utilities Within Water District #90 Service Area ; -- Within Renton Sewer t, Service Area ,w • Schools! - Within Renton School District 2 King County Comp Plan Designation and Current Zoning K.C. Land'UseMan - Urban Residential, 9-12du/ac K.C. Zoning - R-4 - Residential 4-6 du/gross ac • Would allow up to 117 ' units Site County Zoning Mal Issues Raised by City Staff • Transportation noted NE 61h Street is an important neighborhood access street that needs to be widened, improved, and extended • Surface Water notes that site drains into Honey Creek/May Creek and Maplewood Creek basins, both ofwhich 'are subject to erosion'and flooding, and • ' Parks notes a general deficiency in improved parks in the area and a onetime cost, :attributable to the annexation, of '$77,452 Renton Comp Plan Designation and Proposed Zoning Renton Comp Plan Land Man • Residential Single -fan Possible Renton zonine R-S (8 du/net acre) Would allow up to 13 Site Renton Comprehensive Plan Relevant Boundary Review Board Objectives • Preservation of natural neighborhoods —annexation would give residents stronger voice when new development occurs on nearby underdeveloped parce • Use of physical boundaries including highways and land contours -- annexation boundaries are reasonable • Creation andp eservation of logical service areas - most service'areas do not change as a result of this annexation, however, City will take over police, fire, sewer, etc. Fiscal Impact Analysis • General Fund cost and revenue implications — Assumes potential of 131 single-family. homes at full development based upon City's R-8 Zone — Assumes 10 existing dwellings remain with average assessed value of $255,450 each - Assumes 121 new homes with an average assessed value of $350,000 3 m CITE' OF RENTON MEMORANDUM DATE: September 26, 2005 TO: Terri Briere, 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 INFORMATION • At the October 13ch Citizen of the Year Banquet, Del Mead and Norm Abrahamson will be recognized as Outstanding Citizens and Al Talley will be honored as the 2005 Citizen of the Year. Their volunteer service combined focuses on a variety of areas, including education, community involvement, business, arts, and human services. The banquet will be held at the Renton Senior Activity Center from 5:30 p.m. to 8:30 p.m. Cost per person is $25, and reservations can be made online at www.renton-chamber.com or by calling the Greater Renton Chamber of Commerce at 425- 226-4560. Reservations are requested by October 7cn • The City of Renton is joining over 90 cities to "Walk Across Washington" on Saturday, October 151h to raise awareness of the importance of physical activity and the availability of recreational opportunities offered by community parks and trails. Registration and check -in for the walk will be at the Piazza (on South 3`d Street between Burnett Avenue South and Logan Avenue South), beginning at 12:00 noon. A kick-off celebration will take place at 12:30 p.m., and the three-mile walk (from the Piazza along the Cedar River Trail) will begin at 12:45 p.m. The free event is being held in conjunction with Piazza Renton's 4ch Annual Harvest Festival and the Greater Renton Chamber of Commerce Business Expo. For more information, call 425-430-7660 or visit the Spotlight section of the City's website at www.ci.renton.wa.us. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT Floods in Renton are a reality, especially for homeowners that live in the floodplains of the Cedar River, Green River, May Creek, and Springbrook Creek. Renton participates in the Federal Emergency Management Agency's National Flood Insurance Program. This enables every Renton citizen to obtain flood insurance discounts of up to 15%. Content coverage is also available to renters. It is recommended that flood insurance be purchased, especially if you live in a designated flood hazard area. To find out if your house is in a flood -prone area, obtain a Flood Insurance Rate Map, or obtain copies of existing Flood Elevation Certificates, please call 425-430-7392. Maps of Renton's erosion and flood hazard areas are available at Renton City Hall, 6ch floor, and on the City's website at www.ci.renton.wa.us. CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on 9/13/2005 for CAG-05-144, Benson Rd. S. (Main Ave. S. to S. 26th St.) Project EXHIBITS: Staff Recommendation Bid Tabulation Sheet (eight bids) AI #: FOR AGENDA OF: 9/26/2005 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........... IIFISCAL IMPACT: Expenditure Required... $459,508.35 Transfer/Amendment.. Amount Budgeted........ Revenue Generated... i� Total Project Budget... $765,200.00 City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $514,045.10 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 Dennis R. Craig Construction, Inc. in the amount of $459,508.35. CITY OF FIIENTON PLANNING/BUILDING/ CITY " C' �`�E:nFFICE PUBLIC WORKS DEPARTMENT \U77`T�� MEMORANDUM DATE: September 14, 2005 TO: Bonnie Walton, City Cler FROM: Leslie Lahndt, Transportation esign Supervisor, x7223 STAFF CONTACT: Jason Fritzler, Project Manager, x7243 SUBJECT: Benson Road South — Main Avenue South to S 26th Street The Transportation Design Section recommends that the Benson Road South — Main Avenue South to S 261h Street contract be awarded to Dennis R. Craig Construction. The low bid is within budget, there were eight bids submitted, and there were no irregularities in the low bid. The work for the Benson Road South project shall include but is not limited to the construction of sidewalk curb and gutter, curb ramps, reinforced concrete barriers, drainage installation, and minor traffic revisions. The work locations include three sections along Benson Road South, select locations within Downtown area, select locations within the Maplewood Community, and, select locations within the Renton Highlands Community. The funding sources for this project will be coming from the following project accounts: Benson Road South —Main Avenue South to S 26th St (TIP #17) $215,400 Walkway Program (TIP #9) $500,000 CBD Bicycle and Ped. Connections (TIP #26) $ 49,800 Total Budget $765,200 The lowest bid submitted by Dennis R. Craig Construction fell within the project's total budget at $459,508.35 and under the engineer's estimate of $514,045.10, with a difference of $54,536.75. Attachments: TIP #9, # 17, and #26 2005 Reallocation Sheet Bid Tab cc: Sandra Meyer, Transportation Systems Director Jason Fritzler, Transportation Design Project Manager File h:\division.s\transpor.tat\design.eng\jason\projects\benson rd\city correspondance\contract award memol.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION gnnr, _ 9(11r1 RZIY_YFAP TIP Walkway Program Functional Classification: N/A Fund: Proj. Length: NSA Proj: RANK: 9 CONTACT: Dan Hasty 317 9 425.430.7246 DESCRIPTION: This program provides for the design and construction of high priority non -motorized transportation facilities for pedestrians. Projects will be identified and prioritized in the upcoming Comprehensive Citywide Walkway Study and through coordination with the City's Neighborhood Program. JUSTIFICATION: Providing safe and convenient non -motorized facilities is an integral part of a complete transportation network. Specific improvements will respond to the needs of school children, the aged and persons with disabilities, and will support increased use of transit. STATUS: The Comprehensive Citywide Walkway Study, completed in May 2003. is being used to select projects that will move into the design and construction phases. CHANGES: Received $166,000 in King County Metro Mitigation in 2004 which was added to the program in 2004 and 2005. Split out $179,400 in 2005 for the TIB Benson Road Project. F nded : 1,564.133 nfunded : 1240.000 Project Totals Prorammed Pre-2005 Six ear Program ITEM Programmed Spent In 2003 2004 Total 2005 2006 2007 200EOOO 2009 2010 EXPENSES: Project Develo ment 94133 67,533 20,000 6,600 6 600 Precon En/Adman 210,000 30 000 180,000 30,000, 30 000 30 000 3 30,000 30.000 R-O-W includes Admin Construction Contract Fee 1,385,000 185,000 1,200,000 185,000 203,000 203,000 203.000 203,000 203,000 Construction En /Admin 115,000 15,000 100,000 1.5000 17,000 17,000 1 000 17,000 17 000 Other TOTAL EXPENSES 11804,133 67,533 250,000, 11486.600 236,600 250,000 250,000 260,000 250,000 250,000 SOURCE 1/2 Cent Gas Tax Business License Fee 1,097,535 67 533 70,000 960,000 100,000 100,000 50 000 2Vehiel"IAAAAA 170,000 170 000 170,000 PAR Grants In -Hand Mitigation In -Hand 300,600 80,000 220,600 70 600 150,000 L.I.D's Formed Other In -Hand KC Metro Mit 166,000 100,000 66,000 66,000 Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined 240,0001 240 000 80 000 800001 80,0001 TOT A SOUR ES 1 804133 67 533 250,0001 1,486,600 236,6001 250,0001 250,0001 250,0001 250,0001 250 000 9MAGO . or w 5.9 FINAL CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION �nnn _ ,)n-in cix_vcAD fin Benson Road South - Main Avenue to S 26th St Functional Classification: Minor Arterial Fund: 317 Proj. Length: O.e miies Proj: 12309 RANK: 17 CONTACT: Jason Fritzler 425.430.7243 DESCRIPTION: STATUS: This project will complete three missing sidewalk links (2300 LF) on the east side of Benson Road S. Additionally, 1,000 LF of sidewalk near the 1-405 overpass will also connect to a previous TIB project bringing the total to 3,300 LF. A small retaining wall, raised painted crosswalk, and pedestrian refuge Wand will also be part of the project. JUSTIFICATION: CHANGES: Needed to improve the safety for children traveling to and from school and provide a safe pedestrian New project. Received a TIB Pedestrian Safety & Mobility Program (PSMP) grant award of facility for those doing business north and south of the project. $150,000 (maximum amount) in November 2003. Received another $150,000 of King County Metro Mitigation funding approved by Council in April 2004. This project has been split from the Walkway Program. Project Totals Pro rammed Pre-2005 Funded -,I n un e Six Year Program ITEM Programmed Spent Pre-2004 2004 Total 2005 2006 2007 2008 2009 2010 Pro'ect Development Precon En /Admin 57,800 20,000 37,800 37,800 R-O-W includes Admin Construction Contract Fee 385.500 385,500 385,500 Construction En /Admin 38,600 38,600 36100 2,5001 Other TOTAL481,900 20,000 461,900 459,400 2 500 SOURCES OF FUNDSF 112 Cent Gas Tax Business License Fee 181 00 181,900 179,400 2,500 Grants In -Hand 150,000 10,000 140 000 140 000 Mitigation In -Hand L.I.D.'s Formed Other In -Hand KC MetroMft,.L 150,000 10 000 40 000 140,000 Grants Proposed Miti ation Proposed L.I.D.'s Proposed Other Proposed Undetermined ITOTAL SOURCES 481,9001 20,0001 461,900 459.400 2,500 07MMM1 911 N1 5 -17 FINAL CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 7nnr,_ 7n1n QIY_vCAR TID CBD Bicycle and Pedestrian Connections Functional Classification: N/A Fund: 317 Proj. Length: N/A Proj: 12185 RANK: 26 CONTACT: Dan Ha3tv 425.430.7246 DESCRIPTION: This project will design and construct priority bike and pedestrian connections in the Central Business District as determined by planning and pre -engineering studies. Connections to and among the Lake Washington Loop Trail, the Cedar River Trail and the Transit Center are important elements. JUSTIFICATION: The City has developed a number of significant non -auto transportation features in its central area, including the Cedar River and Lake Washington Loop trails and the Transit Center. Making good connections among these transportation elements is both a challenging and necessary goal. STATUS: Many of the projects identified in the Comprehensive Citywide Walkway Study are moving into the design and construction phase. Approximately 14 curb ramps will be constructed in 2003 in the downtown area. CHANGES: Most likely, funding shown in 2005 for 17 curb ramps will be spent in 2004, depending on construction schedule. This may also accelerate the 2006 program. At that time, the downtown area should be fully accessible to all. Funded : 1363,712 lUnfunded : 1776,600 Project Totals Program Pre-2005 Six -Year Pro ram ITEM Programmed Spent In 2003 2004 Total 2005 2006 2007 2008 2009 2010 Pro ect Development 44,212 212 44,000 4,500 4 500 10 000 10 000 10 000 5,000 Precon En /Admin 300,800 300,800 11,400 11,400 278,000 R-O-W includes Admin Construction Contract Fee 647,600 25,000 622,600 30,500 30,500 161,600 400,000 Construction En /Admin 147,600 147,600 3,600 3,600 140,400 Other TOTALE E 111409212 212 26,000 1116000 50 000 50,000 10,000 590,000 410,000 6,00 SOURCE OF FUNDS: 112 Cent Gas Tax Business License Fee 263,712 212 25,000 238,500 50 000 50 000 10,000 113,500 10,000 5,000 Grants in -Hand Mitigation in -Hand 100,00 100,000 100,000 L.I.D.'s Formed Other In -Hand Grants Proposed 600,000 600,000 1 200,000 400.000 Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined 176 500 176 500 176 500 1 TOTAL R E 1,14011211 212 25,0001 1 115 000 50 000 50,000 10,000 690:0001 410.000 1 5 000 CO!-!M� PM 070vam RN AM 5.26 FINAL Transportation Division Fund 317 2005 Reallocation Summary 2/22/2005 Project Proposed TIP Project Title Number 2005 Budget Change 2005 Budget Comment Additional funding needs + 2005 1 Street Overlay Program SR 167/SW 27th St/Strander By 317.012108 317.012138 $ 405,000 10,000 $ 300,000 $ 705,000 budget. see Note 1. Reduced request $5,000 for 2005. Completes 30 % design for entire 2 5,000 5,000 project. Recent federal award of 3a Strander By/SW 27th St Connect. - 317.012239 _ 800,000 10,000 810,000 $750,000. See Note 2. Complete final design for Ph. 1, 3b S_tr_ander Bv, Phase 1, Sept 1 ' 317.012239 210,000 _ 210,000 T Segment 1. See Note 2. TIB and Metro mitigation funding. Construct Ph 1 in 2005. Prepare PS&E package for Ph 2 with possible additional design ($100k) due to 4 SR 169 HOV -140th to SR900 317.012175 10,000 1,107,800 1,117,800 Maintenance facility_ See Note 3. 5 Renton Urban Shuttle RUSH 317.012163 5,000 5,000 Same as 2005 budget. 6 Transit Program 317.012109 20,400 20,400 same as 2005 budget_ $12,000 for additional work required to coordinate with Sound Transit and for 7 Rainier Av Corridor Study/ Im rov. 317.012193 20,000 63,100 83,100 additional project needs. Reduced $305,300 from 2005 budget; final report, public outreach, consultant 8 NE 3rd/NE 4th Corridor 317.012176 315,300 305,300 10,000 for first project. $166,000 Metro mitigation funding for Highlands. Maplewood added. See 9 Walkway Program 317.000009 236,600 263,400 500,000 Note 4. New developer. Site plan being developed. Rough estimate to complete 10 S Lake Wash. Roadway Improv. 317.012306 - 1,100,000 1,100,000 100% design. See Note 5. 11 SR 169 Corridor Study 3.17.012401 50,000 50,000_ _ Same as 2005 budget_ Construction was underfunded; new construction estimate; includes $60,000 12 South Renton Project 317.01219 317.012210 317.012150 18,200 246,800 265,000 reserve; includes railroad cost. Same as 2005 budget. Same as 2005 budget. 13 1-405 Improvements in Renton 30,000 T 30,000 14 Project Development/Predesign� 175,000 _ 175,000 Same as 2005 budget. Potential need 15 NE 4th SUHoguiam Av NE 317.012209 344,900 585,000 265,000 344,900 320,000 for increase at project bid. Reduced request for 2005. _ 16 Rainier Av - SW 7th to 4th PI 317.012308 TIB funding. Construction 2005. Project scope reduced to coordinate 17 Benson Rd - S 26th to Main 317.012309 459,400 244,000 215,400 with WSDOT nickel project. 18 Arterial Circulation Program 317.000029 200,000 - 200,000 Same as 2005 budget. Bridge inspections this year, load rate Wells Ave. Bridge, prepare May Creek 19 Bridge Inspection &Repair 317-000106 40,000 6,300 46,300 BRAC application. i For project completion. Funding 20 Loop Replacement Program 317.000016 20,000 12,000 32,000 needed for 2004 bill still pending. 21 Sign Replacement Pro ram 317.012113 7,500 - 7,500 Same as 2005 budget. 22 Pole Program 317.000091 25.000 25,000 Same as 2005 budget. 23 Sound Transit HOV Direct Access 317.012171 10,000 10,000 Same as 2005 budget. 24 Traffic Safety Program 317.012115 80,000 40,000 40,000 Reduced $40,000 in 2005. 25 Traffic Efficiency Program 317.01216 251,900 - 251,900 Same as 2005 budget. 26 CBD Bike & Ped. Connections 317.012185 50,000 200 49,800 Finish upgrading all ramps. 27 Arterial Rehab. Pro . 317.012186 195,000 - 195,000 Average expenditure on program. 28 Duvall Ave NE 317.012123 1,258,700 408,700 850,000 Defer additional costs to 2006. Federal HES grant of $396,000. Construction cost estimate increase. Bids will determine actual construction 29 SunsetiDuvalllntersection RR Crossing Safety Pro . 317.012301 381,000 437,700 818,700 funding -needs. 30 317.012166 5,000 - 5,0rSames 2005 budget. 31 TDM Program 317.01213 64,200 _ 64,2s 2005 budget. s 2005 budget; update LOS 32 Trans Concurrency 317.012107 40,000 40,0. 30,0s 33 Missing Links Program 317.012106 30,000 - 2005 budget. H:\Trans\Plrq\sharon\budget\2005 Reallocation Summary Transportation Division Fund 317 2005 Reallocation Summary 2/22/2005 Project Proposed TIP Project Title Number 2005 Budget Change 2005 Budget Comment Reduced $15,000 in 2005; do in-house, 34 GIS Needs Assessment 317.012206 35,000 A15,000 20,000 no consultant. 317.012127 35 Grad W Corridor Stuff 35,000 ___ 20,000 Reduced $15,000 in 2005. 317.012173 _ -?0,000 20,000 Same as 2005 budget. 36 Bicycle Route Dev. Program - Defer $92,000 to 2006 or later; 37 Lake Wash_. By -Park to Coulon Pk Interagency Signal Coord. 317.012121 317.01214 T 79,500 �000 _ 1,500 5,000 remaining construction delayed. Reduced request $7,000 for 2005. 38 12,000 7,000 Maintenance continues on both Phase 39 Environmental Monitoring 317.012187 85,000 - 85,000 land 2. 40 Trans -Valley & Soos Creek Corr. 317.012191 5,000 P,000 2,000 Reduced $3,000 in 2005. WSDOT Coordination Program 317.012146 15,000 41 10,000 5,000 Need input on needs for 2005. 50,000 20,000 5,000 30,000 5,000 42 1 % for th_e Arts 317.01211 Reduced $20,000 in 2005. Reduced $5,000 in 2005. Reduced $10,000 in 2005; initiate in- 43 Arterial HOV Program 317.01216 10,000 44 Park -Sunset Corridor 317.012177 25,000 10,000 15,000 house corridor study. - - 4 Same as 2005 budget; initiate in-house 45 Lind Av-SW 16th - SW 43rd 4 317.00002 5,000 - 5,00.0 corridor study. King Co. lead; schedule unknown. See 46 Benson Rd S / S 31 st St 31 7.012129 61,500 61,500 Note 6. 47 Logan AV Concrete Panel Repair 317.012303 - - - Programmed for 2008. 5,000 48 Carr/Mill Signal 317.01230 � -J3,000 2,000 - Reduced $3,000 in 2005. Reduced $22,600 in 2005; King Co. 49 Transit Priority Signal System 317.01217 30,000 _ _22,600 7,400 expenditure no longer included. Transit Center Video 317,01220 10,000 - 50 10,000 Same as 2005 budget. 317.012213 51 Houser Wy S -Main to Burnett - - Programmed for 2008. King Co. lead; Renton's contributic 52 Trans ValleTS �- - Y 317.012211 - 5,000 45,000 50,000 from 2ooa budget; P.O. in process. Go to ad and construct this year. 53 Lake Wash. By Slip Plane 317.012302 10,600 526,500 537,100 Design is complete. Construction will continue until May 54 Monster Road Bridge _ 317.012307 _ 12,000 456,700 468,700 2005. - - Reduced $23,500. Completed. Federal and State audit passed. Need funds for project closeout and WSDUT 55 SW 7th St./Lind Ave_ SW_ _ - - - 317.012153 26,500 23,500 3,000 billings. Reductions:-$983,600 Right-of-way (King County will do directly); most construction costs deferred to 2006. 56 Duvall Ave NE - King County 317.012305 1,311,300 (876,200) 435,100 Increased design costs. Reserved for currently unknown capital Strander Reserve project. Total Sources $ 7,986,500 $ 2,382,300 $ 10,368,800 If funding received for Stander, Ph. 1, Segment 1 construction. $ 3,000,000 General fund or bonding. $ 13,368,800 NOTES 1. The 2005 overlay project requires additional funding due to poorer condition of streets. 2. Total request for 3a and 3b is $1,020,000 (construction not included). 3. Phase 1. Will adjust allocation based upon actual low bid when known. 4. Maplewood Glen sidewalk replacement added to 2005 program. 5. Design contract for full design likely to occur this year. Timing unknown. $1 million or more is estimated to complete design District 1. Bonding anticipated. 6. City has committed an upper limit of 200,000. Will return to Council should project materialize in 2005. Fl:\Trans\Ping�sharon\budget12005 Reallocation Summary Project Title: Schedule: Bid Date: Item No. Benson Road South - Main Avenue to S 26th St. A (North of South 26th Street) September 13, 2005 Description Unit Est. Quantity City of Renton Engineers Estimate Unit Bid Price Amount A-1 Landscaping and Construction Unit Bid Price Amount Construct Co. Unit Bid Price Amount Dennis R. Graig Construction Unit Bid Price Amount Gary Merlino Construction Unit Bid Price Amount Kemper Construction Corporation Unit Bid Price Amount Road Construction Northwest Unit Bid Price Amount R.W. Scott Construction Unit Bid Price Amount Westwater Construction Company Unit Bid Price Amount 1 Mobilization LS 1 4,647.10 4,547.10 17,870.00 17,870.00 7,112.28 7,112.28 3,159.00 3,159.00 5,500.00 5,500.00 6,000.00 6,000.00 9,000.00 9,000.00 10,000.00 10,000.00 5,000.00 5,000.00 2 Contractor Supplied Surveying LS 1 1,500.00 1,600.00 12,450.00 12,450.00 2,032.24 2,032.24 850.00 850.00 1,000.00 1,000.00 1,000.00 1,000.00 4;000.00 4,000.00 6,000.00 6,000.00 1,000.00 1,000.00 3 Adjust Ulbity Vault to Grade EA _ 1 500.00 500.00 6,987.00 6,987.00 426.23 _ 426.23 950.00 950.00 1,000.00 1,000.00 500.00 500.00 500.00 500.00 2,500.00 2,500.00 800.00 800.00 4 Control FA 1 6,000.00 6,000.00 19,780.00 19,780.00 3,371.07 3,371.07 5,472.00 5,472.00 3,000.00 3,000.00 3,000.00 3,000.00 9,000.00 9,000.00 10,000,00 10,000.00 4,000.00 4,000.00 _Traffic 5 6 Roadside Cleanup Removal Structure and Obstruction LS LS 1 1 1,750.00 1,760.00 4,500.00 4,500.00 765.06 765.06 921.50 921,50 500.00 500.00 2,500.00 2,500.00 2,000.00 2,000.00 5,000.00 5,000.00 1,000.00 1,000.00 3,600.00 3,500.00 11,450.00 11,450.00 5,215.41 5,215.41 1,800.00 1,800.00 6,000.00 6,000.00 5,000.00 5,000.00 3,000.00 3,000.00 3,380.00 3,380.00 2,000.00 2,000.00 7 Gravel Borrow, Ind. Haul TON 20 25.00 500.00 35.00 700.00 22.91 458.20 32.00 640.00 26.00 520.00 33.00 660.00 24.00 480.00, 50.00 1,000.00 25.00 500.00 8 Roadway Excavabon Including Haul CY 80 25.00 2,000.00 45.00 3,600.00 20.93 1,674.40 29.80 2,384.00 -33.00-- 2,640.00 43.00 3,440.00 24.00 1,920.00 40.00 3,200.00 50.00 4,000.00 9 10 Unsuitable Foundation Excavation Ind. Haul crushed Surfacing Top Course CY CY 10 50 25.00 250.00 50.00 500.00 23.41 234.10 34:50 345,00 33.00 330.00 40.00 400.00 24.00 240.00 40.00 400.00 40.00 400.00 30.00 1,500.00 55.00 2,750.00 33.15 1,657.50 55.50 2,775.00 75.00 3,750.00 40.00 2,000.00 24.00 1,200.00- 50.00 2,500.00 25.00 1,250.00 11 12 Misc. and/or Driveway Asphalt Concrete Class B. Corrugated Polyetheyene Storm Sewer Pipe 12-In. Diam. TON_ LF 21 195 75.00 1,575.00 250.00 5,250.00 160.44 3,369.24 120.00 2,520.00 100.00 2,100.00 140.00 2,940.00 124.00 2,604.00 150.00 3,150.00 200.00 4,200.00 40.00 7,800.00 144.00 28,080.00 40.77 7,950.15 29.70 5,791.50 35.00 6,825.00 60.00 11,700.00 55.00 10,725.00 45.00 8,775.00 50.00 9,750.00 13 14 15 16 Adjust Catch Basin Catch Basin Type t Curb Cover with Frame Temp. Water Pollution/Eros. Control EA EA EA LS 1 1 1 1 200.00 200.00 350.00 350.00 254.18 254.18 450.00 450.00 500.00 500.00 275.00 275.00 400.00 400.00 500.00 500.00 500.00 500.00 960.00 950.00 1,879.00 1,879,00 971.84 971.84 905.00 905.00 1,000.00 1,000.00 1,100.00 1,100.00 2,000.00 2,000.00 1,000.00 1,000.00 1,000.00 1,000.00 - 800.00 800.00 450.00 450.00 1,674.22 1,67422 1,720.00 1,720=2,500.00 1,400.00 1,400.00 500.00 500.00 1,500:00 1,500.00 1,5Koo 1,500.00 -2,500.00 500.00 500.00 8,874.00 8,874.00 . 341.70 341.70 650.00 650:00 500.00 500.00 500.00 500.00 2,000.00 2,000.00 1,500.00 1,500.00 1,000.00 1,000.00 17 18 19 Seeding, Fertilizing, and Mulching Cement Conic. Sidewalk Curb Ramp ACRE SY EA 0 215 1 5,000.00 150.00 12,500.00 375.00 14,118.69 _ 423.56 25,000.00 750.00 2,500.00 75.00 18,000.00 540.00 2,000.00 60.00 34,000.00 1,020.00 10,000.00 300.00 45.00 9,675.00 68.00 14,620.00 38.26 8,225.90- 24.55 5,278-25 35.00 7,525.00 54.00 11,610.00 24.00 5,160.00 31:00 6,665.00 46.00 9,890.00 800.00 800.00 1,100.00 1,100.00 931.76 _ 931.76, 979.00 "- 979.00. _ 1,000.00 1,000.00 1,100.00 1,100.00 1,500.00 1,500.00 1;650.00 1,650:00 1,000.00 1,000.00 20 Plastic Crosswalk Line SF 110 4.50 495.00 20.00 2,200.00 5.35 _ 588.50 7.65 841.50 6.00 660.00 12.00 1,320.00 3.00 330.00 9.00 990.00 5.00 550.00 _ _ 21 Cement Concrete Barrier Curb and Gutter LF 359 14.00 6,026.00 22.00 7,898.00 23.20 8,328.80 12.90 4,631.10 25.00 8,975.00 20.00 7,180.00 15.00 5,385.00, 14.00 5,026.00 35.00 12,565.00 TOTAL: 50,018.10 151,663.00 56,006.34 43,812.85 55,900.00 64,165.00 62,004.00 75,756.00 62,205.00 Project Title: Schedule: Bid Date: Item No. Benson Road South - Main Avenue to S 26th St B (South of Eagle Ridge Drive) September 13, 2005 Description Unit Est Quantity City of Renton Engineers Estimate Unit Bid Price Amount A-1 Landscaping and Construction Unit Bid Price Amount Construct Co. Unit Bid Price Amount Dennis R. Graig Construction. ' . Unit Bid Price. Amount Gary Merlino Construction Unit Bid Price Amount Kemper Construction Corporation Unit Bid Price Amount Road Construction Northwest Unit Bid Price - Amount R.W. Scott Construction Unit '" Bid Price Amount Westwater Construction Company Unit Bid Price Amount 1 Mobilization LS 1 6,193.50 6,193.50 18,700.00 18,700.00 : " 7,648.52 7,648.52: 4;2.12.00.:; : :4;212:00 6,500.00 6,500.00 6,000.00 6,000.00 9,000.00 9,000 00' 9,218.00 9,210.00 9,000.00 9,000.00 2 Contractor Supplied Surveying LS _ __ 1 1,500.00 1,500.00 6,500.00 6,500.00: :, 2,45Q:49 2,450.49 1,032.00. ` 1,032.00: 1,000.00 1,000.00 1,000.00 1,000.00 4;000.00 4,000.00 2,000,00 2,000.00 2,000.00 2,000.00 3 Traffic Control LS 1 11,500.00 11,500.00 14,500.00 14,500.00 5,036.90 5,0XW,-''547200 5,472:00 3,000.00 3,000.00 3,000.00 3,000.00 .9,OQ0:00 9,000,00:' 16000;00 10,00000 7,000.00 7,000.00 4 Roadside Cleanup LS 1 2,250.00 2,250.00 3,500.00 3,500.00 ,'::. 762.08- 762 08 , '..= 921.50: 921:50_ 500.00 500.00 2,500.00 2,500.00 2 000.00 : 2 000 OQ,: 2,506.00 2,500.00 2,000.00 2,000.00 5 Removal of Structures and Obstructions LS _ 1 4,500.00 4,500.00 2,870.00 2,870.00 "'=`8,201.98 8,201.98 2,950.00 2,950:00 5,000.00 5,000.00 2,500.00 2,500.00 3,000A . 3 OOQ O'i1f> 3,000.00 3,000'.00 2,000.00 2,000.00 -- 6 - ---- Gravel Borrow Ind. Haul TON 20 25.00 - 500.00 40.00 800.00 22.821 . - 456.40 . 32:00 640.00 26.00 520.00 33.00 660.00 24.00 480 OO 50.00 1,000.00 25.00 500.00 7 Roadway Excavation Ind. Haul CY 120 25.00 3,000.00 45.00 5,400.00 ' 22.89" ; 2,746.80 29,80 3,576.00 33.00 3,960.00 43.00 5,160.00 24.00 2 88fl 00.' 40.00 4,800.00 50.00 6,000.00 _ 8 Unsuitable Foundation Excavation Ind. Haul CY _ 10 25.00 250.00 45.00 450.00 23.32 T 233,20, 34.50 345.00 33.00 330.00 40.00 400.00 24.00' 24 .Q ;; 40.00 400.00 40.00 400.00 _ 9 Crushed Surfacing Top Course TON_ _ 50 30.00 1,500.00 55.00 2,750.00 24.42. 1,221.00'• 30;20 1,510:0.0 37.50 1,875.00 40.00 2,000.00 24nn 1,206da,-- ;n.00 2,500.00 25.00 1,250.00 10 Misc. and/or Driveway Asphalt Concrete Class B. TON 35 75.00 2,626.00 250.00 8,750.00 159.8t> , 5,583.35 - 120.00 4,200.00 100.00 3,500.00 140.00 4,900.00 124.00 4,340.00 150:00 51250.00 200.00 7,000.00 _ 11 12 Corrugated Polyethylene Storm Sewer Pipe 12-In. Diam. Adjust Catch Basin LF EA _ _ 60 2 40.00 200.00 2,400.00 400.00 140.00 500.00 8,400.00 1,000.00 40:61 253:19 2,436.60 506.38 29.70 450.00 1,7,82.00 900.00 35.00 500.00 2,100.00 1,000.00 60.00 275.00 3,600.00 550.00 55:00 400.00- 3300.00.` 800.00 50.00 500.00 3,000.00 1,000.00 80.00 500.00 4,800.00 1,000.00 13 Catch Basin Type 1 EA _ 1 950.00 950.00 1,870.00 1,870.00 968.05 968.05 005.00 905.00 1,000.00 1,000.00 1,100.00 1,100.00 2,000.00 2,000_00 1,000.00 1,000.00 1,000.00 1,000.00 14 Catch Basin Type 2-48" EA 1_ 2,500.00 2,500.00 8,900.00 8,900.00:. 2,001:92 _ 2,061.92 2,07,9.00 . 2,079,00 2,000.00 2,000.00 3,500.00 3,500.00_ 4,500.00 .4,500.00 ; 3,500.00 3,500.00 3,000.00 3,000.00 15 - Curb Cover with Frame _ EA - 2 800.00 1,600.00 450.00 900.00 " 1, 67:69 3,335:38 . 1`,720.00 3,440-00 2,500.00 5,000.00 1,400.00 2,800.00 500.00 1,000.00 1,500.00 3,000.00 1,500.00 3,000.00 16 Solid Locking Cover EA 3 200.00 600.00 450.00 1,350.00 -- 26610 795.30 , 525.00 1,575.00 350.00 1,050.00 500.00 1,500.00 500,00 1,500.00 400.00 1,200.00 300.00 900.00 _ 17 Temp. Water Pollution/Eros. Control LS 1 600.00 600.00 500.00 500.00. 340.37 340.37 880:00 880.00 500.00 500.00 500.00 500.00 2,000.00 2,000:00; 1,500.00 1,500.00 1,500.00 1,500.00 16 - - -"-- - -- Seeding, Fertilizing, and Mulching ACRE --- - 0 5,000.00 100.00 12,500.00 250.00 "21,095.49 421.91 25,000.00 500.00 2,500.00_ 50.00 18,000.00 360.00 2, 000.00 40.00` 34,000.00 680.00 10,000.00 200.00 19 Cement Concrete Barrier Curb and Gutter LF 590 14.00 8,260.00 20.00 11,800.00 23.11 13,634.90 - . 12.90 7,611.00 25.00 14,750.00 20.00 11,800.00 15.00 8,850-00 14.00 8,260.00 45.00 26,550.00 20- -- - - Cement Conic. Sidewalk SY - - 320 45.00 14,400.00 60.00 19,200.00 38.11 12,795.20 24.55 7,856,00 35.00 _ 11,200.00 54.00 17,280.00 24.00 7,680.00 31.00 9,920.00 50.00 16,000.00 _ 21 Curb Ramp EA _ 2 800.00 1,600.00 1,100.00 2,200.00 , 925.13 1.;856.26' 979.00 1,958.00 1,000.00 2,000.00 1,100.00 2,200.00 1,500.00 3,000.00 1,650.00 3,300.00 1,000.00 2,000.00 TOTAL: 67,128.50 120,590.00 72,902.99 54,344.50 66,835.00 73,310.00 70,810.00 77,028.00 97,100.00 Benwn Bid Tab Sheet, BldTab Project Title: Benson Road South - Main Avenue to S 26th St. City of Renton A-1 Landscaping and Construct Co. oennls K. vratg nary menmo nemper wnsuucu- + UdU a.vnauucuvn R Wy Scott Construction Company Schedule: C (North of Eagle Ridge Drive) Engineers Estimate Construction Construction Construction Corporation Northwest Bid Date: September 13, 2005 Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Item Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount No. Description 4,173.50 4,173.50 14,500.00 14,500.00 7,463.53 - 7,463.53 3,187.00 3,187.00 5,500.00 5,500.00 2,500.00 2,500.00 ,000.00 9,000.00 21,218.00 21,218.00 1,500.00 6,000.00 1,000.00 6,000.00 1,000.00 1 Mobilization LS 1 2 ContractorS_upplied_S_urveying _ LS _ - - 1 1,500.00 1,500.00 8,800.00 8,800.00 2,463.28 2,463.28 780.00 780.00 1,000.00 1,000.00 1,000.00 1,000.00_4,0D0.00 9,000.00 4,000.00 9,000.00 1,500.00 4,500.00 4,500.00 5,000.00 5,000.00 3 Traffic Control _ LS_ 1 3,500.00 3,500.00 12,450.00 12,450.00 5,063.19 5,063.19 5,472.00 5,472.00 3,000.00 3,000.00 4,000.00 4,000.00 2,000.00 1,000.00 1,000.00 2,000.00 2,000.00 4 Roadside Cleanup LS _ 1 -- --- 1,250.00 1,250.00 2,500.00 2,500.00 766.06 _ 766.06- 921.50 921.50 500.00 _ 500.00 8,500.00 2,500.00 2,700.00 2,500.00 2,700.00 2,000.00 3,000.00 3,000.00 1,000.00 1,000.00 2,000.00 2,000.00 - 5 Removal of Structures and Obstructions _ LS 1 2,500.00 2,500.00 3,870.00 3,870.00 4,192.07 4,192.07 458.80 1,200.00 32.00 1,200,00 8,500.00 520.00 33.00 660.00 24,00 480.00 40.00 800.00 500.00 6 Gravel Borrow Incl. Haul TON 20 25.00 500.00 35.00 700.00 2,700.00 22.94 32.31 1,938.60 29.80 788.00 1,788.00 33.00 33.00 1,980.00 43.00 2,580.00 24.00 1,440.00 40.00 2,400.00 50.00 50.00 3,000.00 7 Roadway Excavation Incl. Haul CY 60 26.00 25.00 1,500.00 250.00 45.00 45.00 450.00 23.44 234.40 34.50 345.00 33.00 -330.00 40.00 400.00 24.00 240.00 40.00 400.00 40.00 400.00 8 Unsuitable Foundation Excavation Incl. Haul CY 10 - TON - -- - 20 30.00 600.00 55.00 1,100.00 24.55 491.00 32.70 654.00 37.50 750.00 40.00 800.00 24.00 480.00 50.00 1,000.00 25.00 500.00 9 - Crushed Surfacing Top Course --- - - - -.. TON - -- 10 76.00 750.00 250.00 2:500.00 214.20 2,142.00 120.00 1,200.00 -- 100.00 -- 1,000.00 140.00 1,400.00 124.00 7,240:00 150.00 1,500.00 200.00 2,000.00 10 Misc. and/or Driveway Asphalt Concrete Class B. 35.00 8,925.00 34.72 8,853.60 25.15 6,413.25 40.00 _ 10,200.00 15.00 3,825.00 24.00 6,120.00 50.00 12,750.00 50.00 12,750.00 11 Vertical Curb Wall SF 255 40.00 40.00 10,200.00 6,000.00 140.00 21,000.00 40.82 6,123.00 29J0 4,455.00 35.00 5,250.00 60.00 1,100.00 9,000.00 1,100.00 55.00 2,000.00 8,250.00 2,000.011 00.00 1,000.00 1,000.00 1,000.00 50.00 1,000.00 7,500.00 1, 000.00 12 Corrugated Polyethylene Storm Sewer Pipe 12-In. Diam_. LF 150 13 Catch Basin Type t - - -- EA - 1 950.00 950.00 1,897.00 1,897.00 973.11 - 1,676.40 973.11 3,352.80. 905.00 1,720.00 905.00 3,440.00 1,000.00 2,500.00 1,000.00 5,000.00 1,400.00 2,800.00 500.00 1,000.00 1,500.00 3,000.00 1,500.00 3,000.00 14 Curb CoverwitthFrame . EA 2 800.00 200.00 1,600.00 200.011 450.00 450.00 900.00 450.00 266.48 266.40 , 525.00 525.00 350.00 350.00 500.00 500.00 _ 500.00 500.00 400.00 400.00 300.00 300.00 15 16 Solid Locking Cover Temp. Water Pollution/Eros. Control EA LS 1 1 500.00 500.00 5,410.00 5,410.00 _ 271.84 _ 271.84: 1;500.00 1,500.00 500.00 500.00 500.00 500.00 2,000.00 2;000.00 1,000.00 1,000.00 500.00 45.00 800.00 10,00.00 17 Cement Concrete Barrier Curb and Gutter LF 240 _ 14.00 3,360.00 22.00 5,280.00 23.23 5,575.20 12.90 . 3,096.00 25.00 6,000.00 20.00 4,800.00 900.00 15.00 900.00 3,600.00 900.00, . 14.00 400.00 3,360.00 400:00 1,000.00 1,000.00 18 Monument Case and Cover EA _ 1 500.00 500.00 980.00 980.00 ' 475.33 38.31 475.33 5,171.85 650.00 24.55 650.00 3,314.25 450.00 35.00 450.00 4.725.00 900.00 54.00 7,290.00 24.00 3,240.00: _ 31.00 4,185.00 70.00 9,450.00 19 Cement Conc. Sidewalk SY 135 45.00 6,076.00 60.00 8,100.00 TOTAL: 45,908.50 102,512.00 56,276.14 40,486.00 56,555.00 49,255.00 58,490.00 68,163.00 68,700.00 Project Title: Benson Road South - Main Avenue to S 26th St. City of Renton A-1 Landscaping and Construct Co. pK. urarg -Construction ' uary memno Construction nernper � V11*uuwvn Corporation � • .....��.......y Northwest R.W. Scott Construction "-- - - -- ' -- - Company Schedule: D (Maplewood) Engineers Estimate Construction Bid Date: Item September 13, 2005 Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount 1 Mobilization LS 1 14,363.50 14,353.50 19,700.00 19,700.00 11,534.82 t1,534.82,". 9,270:00:_ 9,270.00 5,000.Rixigm 3,300.00 3,300.00 9,000`.00 9;000,00" 21,218.00 21,218.00 20,000.00 20,000.00 2 _ _ Contractor Supplied Surveying LS 1 3,500.00 3,600.00 3,500.00 3,500.00 ; 1,91779 1.,91779: 2,518.00 , 2,518.00 1,000.1,000.00 1,000.00 4,000:00 4;000.00> ' 6,000.00 6,000.00 2,000.00 5'000.00 2'000.00 2,000.00 3 Property Restoration FA 1 2,000.00 2,000.00 2,000.00 2,000.00 . 2,00000 2,000.00 . - 2,000.00 2,000:00 2,000. 2,000.00 7,500.00 2,000.00_ 7,500.00 2,000.00 9,000:00 2 000.00 9,000.00 2.000.00' 18.000.00 18,000.00 18,000.00 8,000.00 18,000.00 4 Traffic Control LS 1 4,500.00 4,500.00 21,000.00 21,000.00 5,036.95 5036:95. 8;208.00 8,208:00 1,842:00 100. 500. 2,500.00 2,500.00 2,000:00 2000.00 5,000.00 5,000:00 4.000.00 4,000.00 5 Roadside Cleanup LS 1 4,500.00 16,600.00 25.00 4,500.00 16,500.00 500.00 7,840.00 5,500.00 35.00 7,840.00 5,500.00 700.00 762.09 20,386.06 22:82_ 762.09 20,386.06 456.40 1,842.00 6,450.00 32.00 6,450.00 640.00 4,000. 26.00 520.00 8,000.00 33.00 8,000.00 660.00 3,000:00 24:00 3:000.00- 480.00 10,000.00 40.00 10,000.00 800.00 5,000.00 25.00 5,500.00 6 Removal of Structure and Obstruction LS 1 7 Gravel Borrow Ind. Haul TON 20 _ CY 670 25.00 16,750.00 45.00 30,150.00 22.89_ 15,336:30 29.8.0 . 19,9%.00 18.00 12,060.00 43.00 28,810.00 24.00 16,080.00 18.00 12,060.00 25.00 750.00 16,750.00 8 Roadway Excavation Ind. Haul CY 50 25.00 1,250.00 45.00 2,250.00 23.32 ' 1,1`66.Q0 34.50 1,725.00 18.00 900.00 40.00 2,000.00 24'00 1;200.00 . 40.00 2,000.00 40.00 2,000.00 9 Unsuitable Foundation Excavation Ind. Haul 1.00 1,000.00 4.00 4,000.00 2.02 2,020:00 0.75 750.00 0.50 500.00 1.30 1,300.00 2.00 2,000.00 1.00 1,000.00 1.00 1,000.00 10 Shoring or Extra Excavation Class B SF TON 1,000 90 30.00 2,700.00 55.00 4,950.00 24.42 2,197.80 30.20 2,718.00 37.50 3,375.00 40.00 3,600.00 24.00 2;160,00 50.00 4,500.00 25.00 2,250.00 11 Crushed Surfacing Top Course_ TON 75 75.00 5,625.00 250.00 18,750.00 133.18 9,988.50 120.00 9,000.00 100.00 7,500.00 140.00 10,500.00 124,.00 " . 9,300.00 150.00 11,250.00 150.00 11,250.00 12 13 Misc. and/or Driveway Asphalt Concrete Cla_ss_B. Catch Basin Type 2 48 in. Diam. EA _ 3 2,500.00 7,500.00 8,800.00 26,400.00 2,185.76 6,557.28 2,750.00 8,250.00 2,000.00 6,000.00 3,500.00 10,500.00 4,500.00, 13;500.00' 3,000.00 9,000.00 2,500.00 7,500.00 14 _ Temp. WaterPollution/Eros. Control _ LS 1 500.00 500.00 6,500.00 6,500.00 340.38 340.38 1,990.00 1,990.00 500.00 500.00 500.00 4,000.00 500.00 560.00 2.000.00 2,000.00 2,000.00, 280.00 5,000.00 34,000.00 5,000.00 4,760.00 2,000.00 10,000.00 2,000.00 1,400.00 15 _ Seeding, Fertilizing, and Mulching _ ACRE 0 _ 6,000.00 700.00 12,500.00 1,750.00 3,750.35 525.05 5,000.00 700.00 2,500.00 25.00 350.00 32,250.00 15.00 19,350.00 15.00 19,350.00 13.50 17,415.00 47.00 60,630.00 16 Cement Concrete Barrier Curb and Gutter LF 1,290 14.00 18,060.00 22.00 28,380.00 - 10.61_ 33,28 13,686.90 7,654.40i 12.90 50.20 16,641.00 11,546.D0 65.00 14,950.00 60.00 13,800.00 45.60 10,350.00 ; 60.00 13,800.00 100.00 23,000.00 17 Cement Conc. Approach 3 Day _ SY 230 _ 65.0_0 14,960.00 65.00 60.00 14,950.00 55,200.00 25.93 23,855.60 24.55 22,586.00 35.00 32,200.00 54.00 49,680.00 24.00 22,080M 26.00 23,920.00 40.00 36,800.00 18 Cement Conc. Sidewalk SY 920_ 45.00 800.00 41,400.00 1,600.00 1,100.00 _ 2,200.00 928.14 1,856.28, 979.00 1,958.00 1,000.00 2,000.00 1,100.00 2,200.00 1,500.00 3,000.00:- 1,650.00 3,300.00 1,000.00 2,000.00 19 Curb Ramp EA 2 - TOTAL: 167,888.50 255,720.00 127,278.60 128,758.00 125,705.00 167,760.00 130,780.00 171,023.00 221,080.00 Benson Bid Tab Sheet, B,dTab Project Title: Schedule: Bid Date: Item No. Benson Road South - Main Avenue to S 26th St. E (Highlands) September 13, 2005 Description Unit Est. Quantity City of Renton Engineers Estimate Unit Bid Price Amount A-1 Landscaping and " DQiinis R: Graig Construct Ca Construction Construction Unit Bid Unit Bid ` Unit Bid% Price Amount F ce mound P i Amount Gary Merlino Construction Unit Bid Price Amount Kemper construction Corporation Unit Bid Price Amount Road construction R yy Scott Construction Northwest Unit Bid Unit Bid Price. Amount Price. Amount. YYe5lW4lC1 VVIISY Y6IIV11 Company P Y Unit Bid Price Amount 1 Mobilization LS 1 14,124.00 14,124.00 14,000.00 14,000.00 1 5 t� 8,352 00;, 10,000.00 10,000.00 3,000.00 3,000.00 90000Off ti3;Q0 rOSi :,: 21,218t00 21,218.00 10,000.00 10,000.00 2 Contractor Supplied Surveying LS 1 2,500.00 2,500.00 3,500.00 3,500.00 i ,9:'8...81352.00' 1;, . 3;267.00 1,267.90., 1,000.00 1,000.00 1,00 .0 0 1 000.00 000 . ' ' 4,0000(} "" . 8,000:00 6;000.00 4,000.00 4,000.00 3 _ _ Traffic Control LS 1 6,500.00 6,500.00 9,870.00 9,870.00 „ S,Oi14i. . 10:84b,00. _: 10944.00 2,000.00 2,000.00 7,000.00 7,000.00 9;000.00 01000,0 20000,00 20,000.00 10,000.00 10,000.00 4 Roadside Cleanup LS 1 6,000.00 6,000.00 3,500.00 , 3,500.00 - 500.00 500.00 2,500.00 2,500.00 2 00.O.Q0 2i000 Off .. 9 000 00 9,000:00 3,000.00 3,000.00 5 Removal of Structure and Obstruction LS 1 20,000.00 20,000.00 6,500.00 6,500.00 ;t 1 1;0 t;$ 0 00 , ;`; 1;80,0:00 10,000.00 10,000.00 8,300.00 8,300.00 3 OOQi)0 300 t0,000,00 10,0Q0,00' 3,000.00 3,000.00 6 Gravel Borrow Ind. Haul TON 20 25.00 500.00 35.00 700.00 x 2 s r; x 3D0 '` 6"4aOD 26.00 520.00 33.00 660.00 2:OD 4$0 40:00 000.00; 25.00 500.00 7 Roadway Excavation Incl. Haul CY 440 26.00 11,000.00 55.00 24,200.00 ,. t1„, ; 2980 .," 13 Ff2Od 33.00 14,520.00 43.00 f8,920.00 24:00 1ff;56Q04,. 30:00 13,200:06 50.00 22,000.00 8 Unsuitable Foundation Excavation Ind. Haul CY 10 25.00 250.00 55.00 550.00 <: 4 < s" '' `�0 -':4 '.00:; 33.00 330.00 40.00 400.00 Z400.. 240,00 : A0:00. - ., d00Q0 40.00 400.00 9 Crushed Surfacing Top Course TON 130 30.00 3,900.00 55.00 7,150.00i, - 37.50 4,875.00 40.00 5,200.00 2400 3;120,00 32,00 4,160.00- 25.00 3,250.00 10 Misc. and/or Driveway Asphalt Concrete Class B. TON 90 76.00 6,760.00 250.00 22,500.00 an��1. '�,,; ; rx 1�1 120 00 -';; 10 800 00;; 100.00 9,000.00 140.00 12,600.00 124;00' .. 400.00 1 t,160,00:' 8000.0 '.. 150'.00 13;500.00: 1 OQ0,00 200.00 700.00 18,000.00 1,400.00 11 Adjust Manhole to Grade EA 2 200.00 400.00 1,250.00 2,500.00 °' ` 2 ClQ ':' i 05CJ b�?;_ 1.000.00 2,000.00 650.00 1,300.00 :-500:00 12 Temp. Water Pollution/Eros. Control LS 1 500.00 600.00 3,587.00 3,587.00 k T. ; - - fi <a',. t 50 Q 500.00 500.00 500.00 500.00 2,000:00 2 000t)0 : S 000.00 5,1Q00 00` . 2,000.00 2,000.00 13 Seeding, Fertilizing, and Mulching ACRE 0 5,000.00 750.00 12,500.00 1,875.001 0 7 k h500 'i�0 �0 00;, 2,500.00 375.00 3,800.00 570.00 2 0W00 „``300 04., ,` 24 000 00 3,fi0Q.00' 10,000.00 1,500.00 14 Cement Concrete Barrier Curb and Gutter LF 360 14.00 5,040.00 22.00 7,920.00 x i, t ": 81. 1 , 4 (>a' 25.00 9,000.00 20.00 7,200.00 1 rs00 - .', 5j400 00 : 14i00 5;0$ .00;-. 45.00 16,200.00 15 Cement Conc. Approach 3 Day SY 180 65.00 11,700.00 65.00 11,700.00 4 3 4 0 0 0 ` 65.00 11,700.00 60.00 10,800.00 45'00 8 100 0 . `1:00 5;580 00' 120.00 21,600.00 16 Cement Cone. Sidewalk SY 1,200 45.00 54,000.00 60.00 72,000.00 5 29 !j0 :.; 35.00 42,000.00 54.00 64,800.00 , 24.00 - 2$;80(j DO 26.00 31,200.E 65.00 78,000.00 17 Curb Ramp EA 15 800.00 12,000.00 1,150.00 17,250.00 ff j1. 1,000.00 15,000.00 1,100.00 16,500.00 ,1,500,00 ;225 0 0Q'. 1,650;00 , 24;75d.00% 1,000.00 15,000.00 18 Relocate Existing Sign and Post EA 1 200.00 200.00 3,500.00 3,500.00, $ .72, r" zi 0x �w ;5,_ .,,,, 150.00 150.00 180.00 180.00 300:QQ 00(F 00 <:'", .-' 500:00 500:00 200.00 200.00 Project Title: Benson Road South - Main Avenue to S 26th St Schedule: F (Dowtown Ramps) Bid Date: September 13, 2005 Item No. Description Unit 1 Mobilization LS 2 Contractor Supplied Surveying LS 3 Traffic Control LS 4 Roadside Cleanup LS 5 Removal of Structure and Obstruction LS 6 Adjust Catch Basin EA 7 Temp. Water PollutionlEros. Control LS 8 Monument Case and Cover EA TOTAL: 156,114.00 212,802.00 City of Renton A-1 Landscaping and Engineers Estimate Construction Est. Unit Bid Unit Bid Quantity Price Amount Price Amount 1 3,362.50 3,362.60 8,700.00 8,700.05 1 850.00 850.00 2,500.00 2,500.00 1 7,600.00 7,500.00 4,500.00 4,500.00 1 2,500.00 2,500.00 2,500.00 2,500.00 1 4,500.00 4,500.00 4,500.00 4,500.00 1 350.00 350.00 800.00 800.00 1 1 500.00 5W.00 3,500.00 3,500.00 1 600.00 500.00 980-00 980.00 21 800.00 16,800.00 1,150.00 24,150.60 1 125.00 125.00 3,500.00 3,500.00 TOTAL: 36,987.50 55,630.00 PROJECT TOTAL: 514,045.10 898,917.00 ram` 133,470.00 161,430.00 t� .. GaryMeriino Kemper ConstructionConstruction =.nGwaig, f ; Corporation Unit Bid Unit Bid UT Price Amount Price Amount 5,000.00 5,000.00 3,000.00 ,_ 500.00 500.00 1,000.00 1,000.00 4 2,500.00 2,500.00 4,000.00 4,000.00+ s _ = q,• ./ 500.00 500.00 2,500.00 2,500.00 9,500.00 9,500.00 5,000.00 5,000.00 500.00 500.00 275.00 275.00 500.00 500.00 500.00 ,,''• w $ 450.00 450.00 900.00 900.00 1r, 19450,. 1,500.00 31,500.00 1,100.00 23,100.00 s' 150 00 t5Q:OW 150.00 150.00 180.00 180.00 ='I3 51,100.00 40,455.00 511,404.39 4SN, 0Ud.1 J Error in the sum of Schedule A. Bidder has $43,782.85 in schedule of prices and it should be $43,812.85 changing total bid from $459,478.35 to $459.508.35. LOW BIDDER 489,565.00 U30,J / D.uu Error in the sum of Schedules A and F. Bidder has $64,165.00 and $40,475.00 in schedule of prices it should be $73,310.00 and 40,455.00 respectively. Multiplication error in BI #7 schedule E. Bidder has $18,620.00 and it should be $18,920.00 changing total bid from $556,845.00 to $556.375.00. 120 7t30.00 17a 948 t)0 210,050.00 structron . R W Scott Constn(ction < Westwater Construction West.."', t Company y Bi Unit Bid Price Amount 1 UO j50 t.0' 8,000.00 8,000.00 :2 L500.00 . .1.500.00 1.000.00 1.000.00 000 72;450;00 4,300.00 90,300.00 500.00 500:00 200.00 200.00 r 6b('D0' 9645000` 128,200.00 504,944.00 663,368.00 787,336.00 Benson M Tab Sheet, Bidrab CITY OF RENTON BID TABULATION SHEET PROJECT: Benson Rd. S. (Main Ave. to S. 26th SQ; CAG-05-144 DATE: September 13, 2005 FORMS BID BIDDER Bid Triple Bond Form A-1 Landscaping and Construction, Inc. X X $898,917.00 20607 SR-9 SE Snohomish, WA 98296 Naneem lgbal Construct Co. X X $511,404.39 1621 Pease Ave. Sumner, WA 98390 Cy Morse Dennis R. Craig Construction, Inc. X X $459,4T8.35 PO Box 595 $459,508.35 Redmond, WA 98073-0595 Janie Craig Gary Merlino Construction Co., Inc. X X $489,565.00 9125 10th Ave. S. Seattle, WA 98108 Gary Merlino Kemper Construction Corporation X X $556,945.00 PO Box 332 $556,375.00 Redmond, WA 98073 William P. Kemper Road Construction Northwest, Inc. X X $504,944.00 PO Box 188 Renton, WA 98055-0188 Peter J. Kenney R.W. Scott Construction Co. X X $663,368.00 4005 W. Valley Hwy., Suite A Auburn, WA 98001 Jeff Scott Westwater Construction Company $787,335.00 31833 Kent Black Diamond Rd. X X Auburn, WA 98092 Thomas J. Caplis ENGINEER'S ESTIMATE TOTAL: $514,045.10 *corrected LEGEND: Forms: "Triple Fonn: Non -Collusion Affidavit, Anti-Tnrst Claims, Minimum Wage 1 <. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... AJLS/City Clerk Bonnie Walton, x6502 Subject: Street Vacation Petition; portion of unopened Aberdeen Avenue NE (1121h Ave. SE), south of NE 401h St. at Monterey Pl. NE (Petitioner: Ron G. Dohrn, File No. VAC-05-003) Exhibits: Petition, legal and map Resolution setting public AI #: 7: Cr For Agenda of: 9/26/2005 Agenda Status Consent........... Public Hearing... Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X X Recommended Action: Approvals: Set public hearing date of 10/17/2005, and refer to Legal Dept......... Planning/Building/Public Works Administrator for Finance Dept...... recommendations Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF REQUEST: On July 28, 2005, a petition was submitted by Ron G. Dohrn, 3767 Monterey Pl. NE, Renton, 98056, requesting vacation of a 30' portion of unopened Aberdeen Ave. NE (1121h Ave. SE), south of NE 401h St. at Monterey Pl. NE. The Planning/Building/Public Works Department has verified the petition documents and reports that 100% of the abutting property owners have signed the petition. STAFF RECOMMENDATION: Adopt a resolution to set a public hearing on 10/17/2005, and refer the petition to the Planning/Building/Public Works Administrator for determination of advisability of the vacation and need for retention of easements. cc Karen McFarland Reference: 35.79 RCW & RMC 9-14 VQ-n5-0o3 PETITION FOR STREET VACATION �.;1Y OF RENTON IN THE CITY OF RENTON t_,j J 9, Go To the Honorable Mayor and Date D J` �_ RECEIVED Members of the City Council�%� ERK'S OFFICE Cityof Renton Circulated B 1055 S. Grady Way Renton, WA 98055 Address:s3 Dear Mayor and Council Members: Telephone: �63�—� We, the undersigned property owners abutting a certain portion of public Right -of -Way; respectfully request the vacation of the street or alleyway as described on the attached "Exhibit A". Commonly known as: �� e s'� , (Insert closest cross streets and reference the street name, i.e. NE Bog Street from Bicycle, Alley to Slalom Avenue TIE.) And request a time and place be fixed when this petition will be heard by the City Council. Of the property owners abutting the area of this petition. I O_% 12/3 or more required] of the lineal frontage have agreed and indicated their joining this petition with their signatures below: signature print name phone 3 2G 7 0� e�Pc Oz /yam address property identification number signature print name phone address property identification number -------------------------------------------------------- Instructions: I . Insert name of street (i.e. NE 4th, alleyway east of Sunset Blv(L) 2. Attach complete legal description (i.e. metes and bounds, etc.) 3. a) Sign name. (Signatures of owners of 2/3 of lineal frontage must sign. Spouses do not need to sign. Owners in common must sign.) b) Print name and phone number. c) List Property address and King County tax parcel identification number. 4. Attach a map to the petition designating the vacation boundaries. 5. Attach a brief statement of the purpose to be served by the street vacation. 6. Submit $250.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. ll:\forms\vac_pctn.1)OT1/99 s7" Y' Ci 0. ea ell, 14!� vr) PURPOSE TO BE SERVED BY THIS STREET VACATION - 1- In June I submitted a preliminary land use proposal for a triangular parcel of land. The 16,800 SF lot was proposed for 3 -5000 plus lots- which they ok- It was pointed out that maybe the half street right away ( 30 ft) adjoining on the east side of the parcel could be vacated and this would help make the measurements not so tight and improve A slope area 2- Duplication - In the adjacent WHITEHAWK development They installed 1131h Ave SE which is near to 112th Ave SE-125ft away 3- Congestion: The Taylor Court Short Plot plans a Cul-de-sac driveway for 9 houses - we would have 112th Ave SE and 113th Ave SE - 86th PL and two private Driveways in a small area 4- This 2 street right of way ( 30ft ) was taken from this Parcel of land many years ago 5- This new parcel of land when sold will produce more Real estate taxes - EYjJMIT A LEGAL DESCRIPTION: That portion of Aberdeen Avenue NE (formerly Hillman Boulevard) lying southerly of the easterly extension of the north line of the Lot 5, Block 4, of C.D. Hillman's Lake Washington Garden of Eden Division No. 7, according to the plat thereof recorded in Volume 16 of Plats, Page 18, records of King County, Washington, and lying northerly of the easterly extension of the south line of said Lot 5. Situate in the Northwest Quarter of the Northeast Quarter of Section 32, Township 24 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Vicinity Map Street Vacation VAC-05-003 Petitioner: Ronald Dohrn NE 40th St �7 City Limits c a� 0 -w LU Z 05, c al > a) > o U 13 Ztr J a Proposed Vacation Area ------------------- Vicinity Map Lake O Washington tt 0 150 300FE 1: 1 8 0 0 Kennydale o Beach Park Technical Services Planning/Building/Public •®Y ♦ r .r0 Yorks K. McFarland Sept. 12. 2005 i RM DRAFT CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE AN UNOPENED PORTION OF ABERDEEN AVE. NE, SOUTH OF NE 40TH ST. AT MONTEREY PL. NE. (RON G. DOHRN; VAC-05-003) WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about July 28, 2005, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of unopened street, as hereinafter more particularly described, and said petition having been signed by the owners of more than two-thirds (2/3) of the property abutting upon said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (One portion of unopened Aberdeen Avenue NE (112th Avenue SE), south of NE 40th Street at Monterey Place NE). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. That the 17th day of October, 2005, at the hour of 7:00 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, be and is hereby fixed as the time and place for a public hearing to consider the aforesaid Petition for vacating one portion of unopened Aberdeen Avenue NE (112th Avenue SE), south of NE 40th Street at Monterey Place NE, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. SECTION II. The City Clerk is hereby authorized and directed to give notice of said time and date of the hearing as provided by RCW 35.79.020 and any and/or all persons RESOLUTION NO. interested therein or objecting to said vacation may then appear and be heard thereon, or they may file their written objections thereto with the City Clerk at or prior to the time of hearing on said vacation. SECTION III. The City Council shall determine, as provided by RCW 35.79.030, as to whether an appraisal shall be secured to determine their fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner -Owners to the City for such vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.XXXX Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005. 2005. 2 I f CITY OF REN"fON COUNCIL AGENDA BILL Submitting Data: Community Services Dept/Div/Board.. Parks Division Staf Contact...... Leslie Betlach, ext. 6619 Subject: I leather Downs Park Master Plan Exhibits: Issue Paper Heather Downs Park Master Plan, cross sections and detailed concepts Recommended Action: Council concur FAI For Agenda of': September 26, 2005 Agenda Status Consent .............. Public hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: f;xpenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Dotal Project Budget City Sharc Total Project.. SUMMARY OF ACTION: A Statement of Qualifications (SOQ) was published in December 2004, and design consultant JA Brennan Associates was selected to develop the master plan and design and construction documents for I leather Downs Park. As part of the master plan process, four public meetings and an on -site open house were conducted to gather community input and feedback regarding park features. In addition, presentations to solicit feedback from the Park Board and Council were completed, with feedback incorporated into the Draft Final Master Plan. The Draft Final Master Plan was approved by the Park Board on September 13, 2005. STAFF RECOMMENDATION: Adoption ol'the 1 leather Downs Park Master Plan as per Park Board recommendation to Council. X 100>- I �,aa Y COMMUNITY SERVICES DEPARTMENT V�'_7 M E M O R A N D U M DATE: September 16, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: '�/ Kathy Keolker-Wheeler, Mayor r FROM: Ate Dennis Culp, Community Services Administrator WN\,\_`, STAFF CONTACT: Leslie Betlach, Parks Director SUBJECT: Adoption of Heather Downs Park Master Plan ISSUE: Should Renton City Council adopt the master plan for Heather Downs Park? RECOMMENDATION: Parks staff recommends that City Council adopt the master plan for Heather Downs Park, as per the September 13, 2005 Park Board approval and recommendation. BACKGROUND: The 9.18-acre site of Heather Downs Park is situated on three parcels of land on Union Ave SE, just south of NE 4th Street. The two outer parcels were acquired in the 1980s, and the final acquisition of the center parcel was completed in 2003. The property is all City -owned, with some portions managed by Planning/Building/Public Works and some managed by the Parks Division. All portions will be incorporated into park use with limitations (no permanent structures) on the Planning/Building/Public Works areas. A Statement of Qualifications was published in December 2004, requesting firms to submit a proposal for design services by January 12, 2005. Firms responding were required to have experience in neighborhood park development including site inventory and analysis, community meetings, master planning, design development drawings, construction drawings, and bid documents. After reviewing proposals from thirteen firms and selecting four consulting firms to be interviewed, JA Brennan Associates was selected in February 2005, and the contract was awarded in March 2005. Community input is vital to successful park development; therefore, four public meetings and an open house, as well as two presentations to Park Board and the City Council were scheduled. The first meeting, held on June 1, 2005, at Highlands Neighborhood Center, attracted over 60 citizens. Attendees were encouraged to complete a survey, indicating prioritized park program features; e.g., basketball court, climbing rocks, play equipment, walking trails, etc. There was also a presentation by JA Brennan Associates, showing 2005-153aa Terri Briere, Council President Page 2 of 2 September 16, 2005 draft concepts of the park layout, in addition to audience participation regarding park features the neighborhood would like incorporated into the master plan. The second public meeting was held on June 28, 2005 at Highlands Neighborhood Center. JA Brennan Associates compiled all the data from the surveys and audience input, and presented two draft park concepts. Audience participation was encouraged with the attendees commenting on the concepts. An on -site open house was conducted on June 30th , so people could "walk the park," discuss the concepts, ask questions, and express concerns to Parks Division staff and JA Brennan Associates who were in attendance. A Preferred Alternative was identified. Minor revisions, including a path alignment similar to the concept that was not selected, were incorporated into the Draft Final Master Plan, and presented at the third public meeting July 26th . The last public meeting was held August 16, 2005, where JA Brennan Associates presented the Draft Final Master Plan to the community. The attendees fully supported the Draft Final Master Plan including Park Board and Council recommendations, with one revision regarding trail lighting as noted below. A briefing was made to Park Board on June 14, 2005, and to City Council on July 11, 2005. The recommendation for a basketball court was incorporated into the Draft Final Master Plan. The recommendation to include trail lighting was not embraced by the Community and an informal survey of neighboring cities confirmed that trail lighting is not typically incorporated into neighborhood parks. However, the park will be designed and constructed to accommodate for future installation of trail lighting and cameras. The Draft Final Master Plan was presented to the Park Board at their regular meeting on September 13, 2005. The Park Board approved the Master Plan and further recommended that the plan be presented to Council for adoption. 2005-153aa Heather Downs Park Development Master Plan -- _ "- MASTER PLAN I } I, ACCMAPL -__._ _ _.�_. .. I '. -.. - .. �._..-}� LEGEND A- PICNIC B. PICNIC LTER C. RESTROOZA MM COU,jiT r- _� _ D. PLAYGROUND f2-3) _- .. _- - E. PLAYGROUND F. ROCK CLIMBINGG PLAY .AV AREA G. PARKING AREA 3 H. BASKETBALL HALF COURT I. PRIMARY PATH (HARD SURFACE E' WIDE LOOP) J. SECONDARY PATH / ( ,+ (SOFT SURFACE 54' WIDE) MAPLEW000 l' ,- K KPLAYMEADOW PARK MULI-USE FIELT (MULTI FAMILY) M.INFORMAL BASEBALL FIELD N. BACKSTOP O. ENTRY PLAZA \ \ I _, ) H • 9 _ SII` a`LI: FAMILY P. TRAFFIC BULB -OUT NMAL O EXISTING DOUGLAS FIR GROVE J I n r {I EXISIN TG MAPLE NE 2M PLACE HEATHER DOWNS I � 'r I Z I _LL I , - l_-_ _.. PARK MASTER PLAN ;I CITY OF RENTON NE IST PLACE COMMUNITY SERVICES .-. \I ....:' � .Y I ( I DATE:8-10-05 FIGURE: City of Renton Community Services ;.,1.�lCc[1I,1I � I dl Heather Downs Park Development n .qarrtinn 1-_Pinnin Plaza N-.q HtB I HUUM rrwrvo— — —1— 1 nc— PICNIC SHELTER and SEAT;NG WALL CONCRETE PATH EXISTING MARLES BASKETBALL COURT Section 2--Picnic Plaza E-W Fes+. • r CONCRETE PATH P_AYGROUND PICNIC SHELTER and PLAZA PARKING CONCRETE PATH City of Renton Community Services i.a. bren„ar� Heather Downs Park Development Section 3--NE Entry Plaza 4 4— �A jMON AVENUE NE EX,ST'N,3 CEDARS EN �iy PLAZA PRCP03EDTRPFS ,rd PROPOSED TREE City of Renton Community Services Ik 3rd COLD I.a. brennan Heather Downs Park Development Section 4--Loop Path/Forest Area EXISTING TREES am GGNGRE-E PATH PROPCSM G,ti;A; E ONC7:_RSTORY VEGETAT!CN RFS—ORA'10N OATCH City of Renton Community Services j.a. hrennan CITY OF RENTON COUNCIL AGENDA BILL Al N: e , Submitting Data: For Agenda of: Dept/Div/Board.. Economic Development, September 26, 2005 Neighborhoods, and Strategic Planning Agenda Status Staff Contact...... Don Erickson, x-6581 Consent .............. X Public Hearing.. Subject: PROPOSED ANNEXATION Correspondence.. Leitch - 10% Notice of Intention to Commence Ordinance ............. Annexation Proceedings Petition Resolution............ Old Business........ New Business....... Exhibits: Study Sessions...... Issue Paper Information......... Annexation Petition Certification 10% Petition Recommended Action: Approvals: Council concur to set a Public Meeting date for Legal Dept......... X October 10, 2005 Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on August 23, 2005 and the signatures were certified by the King County Department of Assessments on August 29, 2005. The proposed 14.6-acre annexation site is located in Renton's Potential Annexation Area along the south side of SE 136`' Street, between 140'' Avenue SE on the west, and 143`d Avenue SE on east. The site's southern boundary would be SE 138' Street, if extended. State law requires Council to hold a public meeting with the proponents, within 60-days of their submittal, to consider their request. STAFF RECOMMENDATION: Council set October 10, 2005 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition and future zoning for the proposed Leitch Annexation. If Council accepts the 10% Notice of Intention petition, staff recommends that it authorize circulation of a 60% Direct Petition based upon assessed value. EDNSP/PAA/Annexations/Leitch Annexation/agnbill/ de ECONOMIC DEVELOPMENT, R NEIGHBORHOODS AND STRATEGIC 1 PLANNING DEPARTMENT M E M O R A N D U M DATE: September 15, 2005 TO: Terri Briere, Council President City Councilmembers VIA: Mayor Kathy Keolker-Wheeler 1 L FROM: Alex Pietsch, Administrator STAFF CONTACT: Don Erickson (6581) SUBJECT: Proposed Leitch Annexation - 10% Notice of Intent ISSUE: The City is in receipt of a Notice of Intent to annex approximately 14.6 acres by the direct petition method (Figure 1). State law requires that the Council holds a public meeting with annexation proponents within 60-days of receipt of a 10% Notice of Intent petition, to decide whether to accept, reject, or geographically modify the proposal. If Council decides to accept the 10% Notice of Intent petition and authorize circulation of a 60 % Direct Petition, it must also decide whether property owners within the annexation will be required to assume their fair share of the City's bonded indebtedness, and be required to accept city zoning consistent with the Comprehensive Plan, at the time of annexation, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that: • Council accept the applicants' 10% Notice of Intent to Commence Annexation Proceedings petition pursuant to RCW 35A.14.120, and • Authorize the circulation of a 60 % Direct Petition to Annex for the 14.6-acre area that requires property owners within the proposed annexation area assume their proportional share of the City's outstanding indebtedness and accept zoning consistent with the Comprehensive Plan. BACKGROUND SUMMARY: Proposed Leitch Annexation 10% Notice of Intent September 15, 2005 Page 2 The rectangular shaped proposed Leitch Annexation site is immediately south of the proposed Mosier II Annexation, recently expanded by the Boundary Review Board for King County. I. Location: The proposed 14.6-acre, rectangular shaped, Leitch Annexation is located on the south side of SE 136th Street, immediately east of Hideaway Home Sites subdivision (140th Avenue SE, if extended) and west of Beach Home Estates subdivision (143`a Avenue SE). 2. Assessed value: The 2005 assessed valuation for the subject annexation site, at current development, is $2,633,100. 3. Natural features: The site is relatively level except for a small knoll on its western portion and a ravine that picks up Maplewood Creek, from the north, on its easternmost parcel. Maplewood Creek flows south eventually crossing the Maplewood Golf Course and then into the Cedar River. 4. Existing land uses: Existing development includes eight single-family detached dwellings and their associated structures. Existing lots vary in size from a half of an acre up to 4.4 acres. (Figure 3, Existing Structures). Existingzoning: oning_ King County zoning is R-4. County R-4 allows a base density of four units per gross acre, and bonuses up to 6 units per gross acre with incentives and transfer of density credits. At this density the zoning is comparable to Renton's R-8 zone. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). This designation would allow R-4 zoning at a maximum density of four units per net acre. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Specific comments follow. Water Utility. The subject area is within the water service area of Water District #90 by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from the District will be required prior to the issuance of development permits within the subject arca, following annexation to the City. Hydrant flow test and hydraulic analysis of the District's system should also be required for new development within the annexation area. The District must provide adequate water supply and pressure for new development within the City and must meet Renton's standards for fire protection and domestic water service. Sewers. The area is not currently served by sewer. Sewer exists in the City of Renton to the northwest and most likely across SE 136th Street when the Mosier II Annexation eventually develops. The annexation site is located within the Renton Sewer Service Area and future sewers would be provided by developer extension, as the annexation area develops. Parks. The City currently has a shortfall of both neighborhood and community parks in this area. The nearest City park is Heatherdowns Park, about three-quarters of a mile to Proposed Leitch Annexation 10% Notice of Intent September 15, 2005 Page 3 the northwest. Maplewood Park in unincorporated King County is approximately three - eights mile to the east. Abutting this park is approximately 23.6-acres of undeveloped parkland in unincorporated King County that should eventually be transferred over to the City for future park development. The projected prorated cost of developing parkland for future development within the annexation site, to a level consistent with the service levels in the City's Comprehensive Park, Recreation, and Open Space Plan, is an estimated $20,684. This one time estimated cost is above the estimated $22,292 the City would receive from collecting its Parks Mitigation Fee, based upon the development of 42 new homes. The actual cost to the City could be less if it receives the County parklands to the east at no cost. Fire. The area is currently served by Fire District #25. Renton currently provides fire suppression services to the District under contract. Upon annexation, the City would continue to provide fire prevention and suppression services for the 14.6-acre area, but do so directly under the auspices of the Renton Fire Department, rather than under contract with District 25. Police. With an estimated future population of approximately 101 people living within this annexation area, the Police Department states that there will eventually be a need for additional officers to serve this and other recent annexations. Police estimate there will be an annual call for service for each of the residents living within the annexation area. Surface Water. Maplewood Creek flows through the eastern portion of the annexation site and eventually flows across the Maplewood Golf Course and into the Cedar River. Staff notes that because of flooding problems in the lower reaches of the creek, future development should be subject to stream protection storm water detention standards, such as the 2005 King County Surface Water Design Manual with level-2 flow control, or stricter standards adopted by the City, for any new development. Annual maintenance costs for the existing drainage system are estimated to be less than $475 per acre, or $6,930 offset with revenues of $2,910 a year at build -out. Transportation. Portions of SE 136t" Street abutting the proposed annexation are not open to vehicular traffic nor is there currently adequate right-of-way to construct a full street. Future dedications for street right-of-way would be required at the time of future development within the annexation area. Staff notes that 140t Place SE and 143ra Avenue SE do not currently provide adequate roadway width or meet City standards for roadway thickness, etc. Additionally, they note that the cost of new curbs, gutters, sidewalks, and street lighting abutting the proposed annexation area and/or new access streets within the annexation area would be at the expense of existing and new property owners, as the area develops. ANALYSIS OF THE PROPOSED ANNEXATION: Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed annexation. The subject site is within the City's Potential Annexation Area and is subject to development pressure under the King County Comprehensive Plan, zoning, and Proposed Leitch Annexation 10% Notice of Intent September 15, 2005 Page 4 subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Single -Family land use designation. Renton is the logical provider of most urban infrastructure and services to the area (Policy LU- 38). Policy LU-43.1 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation will abut the City limits along its northern boundary assuming that the expanded Mosier II Annexation is accepted by Council in the foreseeable future. This boundary would represent approximately 40% of the annexation area's perimeter. Also, the proposed annexation does not divide an existing established neighborhood (Policy LU-43.4). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. As noted above, the site is relatively under -developed at the current time. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; Except for a small area, boundaries follow existing city boundaries, streets, or parcel lines. Also, these boundaries are considered interim, as future annexations are anticipated to occur in the area in the future since the area to the south is within the City's PAA and unlikely to incorporate. C. Creation and preservation of logical service areas; Water and sewer service boundaries will not change. Neither will school district boundaries. As noted above, Renton will take over the 14.6-acres it now provides service to for Fire District 25, upon annexation. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; The new city boundary resulting from this annexation would be more regular than the existing City boundary. This boundary is considered interim, as this area is located within Renton's PAA, and further annexations are anticipated in the near future in this area. e. Discouragement of multiple incorporations ofsmall cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Proposed Leitch Annexation 10% Notice of Intent September 15, 2005 Page 4 subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Single -Family land use designation. Renton is the logical provider of most urban infrastructure and services to the area (Policy LU- 38). Policy LU-43.1 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation will abut the City limits along its northern boundary assuming that the expanded Mosier II Annexation is accepted by Council in the foreseeable future. This boundary would represent approximately 40% of the annexation area's perimeter. Also, the proposed annexation does not divide an existing established neighborhood (Policy LU-43.4). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. As noted above, the site is relatively under -developed at the current time. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; Except for a small area, boundaries follow existing city boundaries, streets, or parcel lines. Also, these boundaries are considered interim, as future annexations are anticipated to occur in the area in the future since the area to the south is within the City's PAA and unlikely to incorporate. C. Creation and preservation of logical service areas; Water and sewer service boundaries will not change. Neither will school district boundaries. As noted above, Renton will take over the 14.6-acres it now provides service to for Fire District 25, upon annexation. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; The new city boundary resulting from this annexation would be more regular than the existing City boundary. This boundary is considered interim, as this area is located within Renton's PAA, and further annexations are anticipated in the near future in this area. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess often thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f. Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Proposed Leitch Annexation 10% Notice of Intent September 15, 2005 Page 5 This annexation is not being proposed to adjust what are considered impractical boundaries. Further annexations in this portion of Renton's PAA are anticipated in the near future. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character, - King County has designated this area for urban development because of its location within the Urban Growth Area boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas since they are intended to either be turned over to nearby cities or incorporate as new cities. Because the subject site is within Renton's designated PAA and incorporation is unlikely, annexation now is appropriate. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation area are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. This analysis indicates that the proposed annexation would initially generate $451 a year; however, at full development with an estimated 101 homes, the City would receive approximately $13,773 a year more than it spends to serve the area. There, however, is an estimated one-time pro -rated cost to the City of $20,984 for park acquisition and development, based on the estimated 101 residents who would eventually live here. CONCLUSION: The proposed Leitch Annexation is essentially consistent with relevant County and City annexation policies, as well as Boundary Review Board objectives for annexation. Reviewing staff has identified no major impediments to the provision of City services to the area nor suggested alternative boundaries. Attachments rr—r� ESL L-9 itjE_6fFt �� — r — t EIT ELtJ St Lc I ! St ,-�-- T-- �i-:''--�i IT -11-----1 W-1 -N -- �I T ! J 1 �tE" i > r—T rr M - 1 -P LF SE Proposed Leitch Annexation 'igure 1: Vicinity Map GtiTY o� Economic Development, Neighborhoods & Strategic Planning + i Alex Pietsch, Administrator G. Del Rosario 25 August 2005 N o� (S � C J ;E 136th St rTFTTn W N Q SE 1 This document is o gophic r%resentotion, not qudmtsed to y oceuracy. tended (er city fu posss only and based on the beat information owilobie s of the dote shorn. This map is for displey purposes only. 0 1000 2000 I 1 : 12000 --- Renton City Limits C-7 Proposed Annexation Area r x I l• 7. x E1"h�th S t, e x / \VM\ nM MIUM 'If 1 �yYC rllll\;\\\\\\I �Illllllll Illlllj if I to � 1 1 '�IUll1 � ` I er r,e •, IIIII'.l',\\\\I'Itllllllllll IIIII x 1 /! 111 t1\ " 11�11 �41�apy\�\\��y�lryill�iillii tlyiiii I "Al-- �Ijljllll t11lllttulUyill pulllu j � �/ 1 `� `�11�� 11 �A A11r11I � --��e III I I�j, II j IIII �jII��IIIjj��Al!!I III I it x � x yi`}�AI'liliryPgilll� udjnjl pl 1 x Y✓i/N I!Ililif�iNpinq IiijpilfilN I n m 1 1 l I, ��--/ Jill Ili /i11iIIIPiiiin ul l��ulOpl � � `�� \��jIIV \IIII pii�'j 0luliii\' i\iindlp\`i x ` x .x S tt w -. �\ IIIIII �II`I\IIIIII\Il�ll'1 II\1111y111\'111111 x ) ri)w = � I \ �_ %///%��'/l./ I x — I rt) Illlllll/\1\\1,\Ifl, ll\I, 1i111111 1jj11111' I I i�_��i� ii — IIIIIlIII`;\11'jillji�lllllll (lllly'll\\�I IIII IIIIII IIIIIII II II IIIII �� x m xSn I x n te I t re �I. x ' I :re tre - /%IIIII \l linlilll l4llllllllljlllltl IIIII IIIII. \ )m1 lr) lIIF �I III i / � x � ti• r/l/erg +lr lllrlll llllllllll IIIIII' �-1 ns.te tt.n i %/rllr ll(\\ I/II'�� I�l111 II III 11 tll I x I ll� \�-1\\\t\ I er l�[�lrl�l�l�llil��llgiii�llllllllll 4 4i Illl-, 1 1lOril (iry�4l��y'llyliryigli/ni�Br lll4+ir _ .� JIIII11i11 evil uif x ✓-V - l%/(///drl�iq pllpi phli�p i I I I Idl I r i -__ _ r �I•ll �A' ' �' n I dlllr I � ___ -. - rr„rir ---- _ I xl xt� This dent is a graphic rspreeentation, not guaranteed to our �y accuracy, intended for city purpose. 9 and ' j based the beet formation owlable oa of theydote .hard. Thia mop is for display purposes only. Proposed Leitch Annexation 0 300 600 Figure 2: Topography Map - 1m Interval Countour 1 : 3600 U��Y o� Economic Development, Neighborhoods & Strategic Planning Renton City Limits ♦ ♦ Alex Pietsch, Administrator "�� G. Del Rosario O Proposed Annexation Area ��'NT�� 25 August 2005 SE I 36t8 C2� 'Z"� 0 0 0 ©©©p �]— o o El a �0 6 Q 9tP This document is a graphic representation, not guaranteed I& oposed Leitch Annexation 0 300 600 600M� ure 3: Existing Structures Map Gti�Y o� Economic Development, Neighborhoods &Strategic Planning Existing Structure 1 : 3 600 Renton City Limits Alex Pietsch, Administrator G. Del Rosario Proposed Annexation Area 25 August 2005 I IZ SE 136th St . -�-- - -- - ---: -7 -- -- S 1 9 t V, Thl' document Is o orophle representation. not guorant"d to Y occ - Fntended for cagurpo"' mly and b..%ri th�"-Nforrn.tl.. .-!I of the dote sho— Lk Thl. op j. f�b di,ploy purposes only. Proposed Leitch Annexation 0 300 600 Figure 4: Sensitive Areas Map - - I : 3600 Economic Development, Neighborhoods & Strategic Planning ift, > 40% Slope Renton City Limits Alex Pietsch, Administrator ---I Proposed Annexation G. Del Rosario Stream Area 25 August 2005 LLLJ- - cvCD —- P SE 136 St L--7 a,. � r e i i a _ v i� E w '�s N, ;w C. a y i T .r4,: $. a,s. ry Sk i*rm.� AM — Rid • *$, '9 „� { ,�y 6•$¢�t -fib _-_—__---__._ { � , " T� � y .,Rn k« ' T � � f � 6 7hb docurnnt is a yaphb rWr tatlon, not gaoranteed survey acarxy, tF t r porpoaM only and on the bat e a of th. dob mown. map Is for dl*oy purpose orgy. Proposed Leitch Annexation 0 300 600 'igure 5: Aerial Map �r✓ti�Y o{ Economic Development, Neighborhoods & Strategic Planning Renton City Limits 1 : 3600 + Alex Pietsch, Administrator —_ G. Del Rosario —Proposed Annexation Boundary �tCN tp$ 25 August 2005 LEITCH ANNEXATION FISCAL ANALYSIS SHEET ................... REVe-noes ' ': ..,........ ............... Units Population AV Existing dev. 8 18 $2,633,100 Full dev. 46 101 $21,533,100 Assumptions: 2.2 persons / household $329,138 AV / existing unit (asssumes 4 existing units remain) $450,000 AV / new unit (assumes 42 new units) Existing Full Rate Regular le $8,268 $67,614 3.14 Excesslevy $207 $1,693 0.07861 State shared revenues Rate (per cap) Existing Full Liquor tax $3.52 $61.95 $355.52 Liquor Board profits $5.04 $88.70 $509.04 Fuel tax - roads $14.46 $254.50 $1,460.46 Fuel tax - arterials $6.47 $113.87 $653.47 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $6.34 $36.36 Total $525.36 $3,014.85 Miscellaneous revenues Rate Existing Full Real estate excise* $48.57 $854.83 $4,905.57 Utility tax** $133.20 $1,065.60 $6,127.20 Fines & forfeits* $17.53 $308.53 $1,770.53 Water Utility fees N/A $582.00 $2,910.00 Total 1 $2,228.96 $15,713.30 Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.19 $3.34 $19.19 Public Defender $4.68 $82.37 $472.68 Jail $8.56 $150.66 $864.56 Subtotal $236.37 $1,356.43 Court/legal/admin. $66.92 $1,177.79 $6,758.92 Parks maintenance* $14.90 $262.24 $1,504.90 Police $276.89 $4,873.26 $27,965.89 Road maintenance** N/A $937.50 $2,829 Fire*** $1.25 $3,291.38 $26,916.38 Surface Water N/A $6,930.00 Total $10,778.54 $74,261.52 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) one=tlirlSiSs Parks acquisition &development (from Sheet Parks FIA): Other one-time costs: Total revenues Existing $1 122924Full Total ongoing costs Existing ' $1fl�77$54 Full $2$2 Net fiscal impact Existing '``' $450 70 Full $1377321 $20,983.58 $425.00 Total one-time costs:i '2fl98358 Revised 8-29 per Finance Memo King County Department of Assessments King County Administration Bldg. 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessor.info@metrokc.gov www.metrokc.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted August 25, 2005 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Leitch Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 29th day of August, 2005 Scott Noble, King C�unty Assessor CITY OF RENTON NOTICE OF INTENTION TO COMMENCE AUG 2 3 ANNEXATION PROCEEDINGS RECEIVED UNDER RCW 35A.14.120 CITY CLERK'S OFFICE (Direct Petition Method) TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall 200 Mill Avenue S. Renton, WA 98055 The undersigned are the owners of not less than ten percent (10%) in value, according to the assessed valuation for general taxation, of property which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120 of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation, such a proposal having been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340; and, 3. The City Council will decide whether to require the assumption of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Page 1 of 2 �, LEI7�Cl1 %�rJE�irT/0,�/ The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) 1. 1 26 05 ,f f MA/ 1V 1�217 -- SF 1.56 A ST 2. � ,1105 . ". � 95�3 —Se 138F4, 5,' 3D5r901-7 -, G koN`i'o6 W4- 7860 # SW /V(/1,4H/Z 4. fb- 1 l�r.'��°��Pb �� It'�✓�N> wig 6.MIL F)2 R&Me-k, SE T36ST, ji&T/V) WA - g 9. %lf l l � j N-b LOT _236�'�z I 710.g._4.6= 1 �6 � 9 --1 �}a to p� ��' 59 Dq3 % LoRr� RmToAl WA Page 2 of 2 H: \DIVISION.S\P&TS\PLANNING\ANNEX\ 1 O%FORM2.DOC\OD St PeAVIA ftw Ld LI.3'6t%h 11St z C134 4 1 f 155 149 147 907 a [WRAM 1.0 'SE '141 LEITCH ANNEXATION PROPERTY LIST PID Num`ber�� wuer's Nam'e Uw�e'sAddress� �Ul)g ses�eil' Area �u Acres , f. 152305 9170 Katherine Ury 14011 SE 136 St, $328,900 1.52 Trust Renton 98059 152305 9100 Albert & 14021 SE 136h St, $194,000 0.63 Deanna Gould Renton 98056 152305 9066 Richard Stuth 14113 SE 136 St, $490,000 2.42 Renton 98059 152305 9201 Scott & Robin 141125 SE 136 $396,000 1.79 McMahill St, Renton 98059 152305 9067 Charles & 19503 SE 138 Pl, $201,000 4.40 Brenda Hundley Renton, 98059 152305 9216 Mike & Deb 14119 SE 136h St, $426,000 0.63 Girias Renton, 98056 152305 9093 Mary E. Miller 13624 140th PI SE $208,200 1.79 Renton, 98056 152305 9043 Tim & Lora 13649 140 PI SE $279,000 0.50 Michand Renton, 98059 152305 9221 Tim & Lora 13649 140 Pl SE $110,000 0.50 Michand Renton, 98059 TOTALS 1 $2,633,100 1 14.18 acres Cityof Renton Merritt II (Phase 11) Current Annexations 52.7 ac. URAANCROWPH BOUNDARY CITY LlhlffS ACTIVE: ANNEXATION ® Ecorwmc Development. NeigfRwlhoods 8 Stntegk Planning Ar a. Aeor,.la ... maims 'Approved by the B.R.B. \ l Querin l > 7.2 ac. ; Hogtuiam 20.4 ac. ' Park Terrace t -- \l 79.7 ac. Maplewood � Elementary 9.8 ac. � Lindberg ...... 4 10.6 ac. } 1 ` Mosier 11. 66.5 ac. Leitch ` 16.2 ac. . J Maplewood ►=r' Addition TUKWI _ i r ;a. 60.5 ac. iy r,_•_•_•- _ Akers Farms 13.9 ac. Falk II wR N�KIIIANWI;l } �• 6.8 ac.KEN 1!HAnthon_:�25.'u CITY OF RENTON COUNCIL AGENDA BILL Al k: , . Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department September 26, 2005 Agenda Status Staff Contact...... Michael E. Bailey Finance/IS Administrator Consent .............. X Public Hearing.. Subject: Correspondence.. Business License Fee Reporting Period Changes Ordinance ............. X Resolution........... . Old Business........ New Business....... Exhibits: I. Issue Paper Study Sessions...... 2. Draft Ordinance Information......... Recommended Action: Approvals: Legal Dept......... Refer to Finance Committee Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Finance staff proposes changes to the business license reporting period as follows: 1) annual invoicing of small businesses (less than 100 employees); 2) quarterly invoicing of large businesses (100 or more employees); and 3) establishment of a schedule when small businesses will receive and pay their annual business license fee. Staff also reports on work to streamline the business license process by upgrading the business license software system, setting up a lockbox to receive business license payments, and adding a website online payment system for business license payments in 2006. STAFF RECOMMENDATION: Staff recommends Council approve the proposed changes to the business license fee reporting period and direct that a final ordinance be prepared for first reading. C:ADocuments and Settings\mpetersen\Local SettingsV"I'empTusiness License Fee Reporting Period.doe FINANCE AND INFORMATION SERVICES DEPARTMENT M E M O R A N D U M DATE: September 19, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor FROM:Michael Bailey, Finance & IS Administrator'�\_�_ STAFF CONTACT: Brian Hilderman, Business Systems Analyst SUBJECT: Business License Fee Reporting Period Changes ISSUE: The City of Renton currently bills business license fees quarterly. The annual business license fee is $55 per full time employee (FTE) (Ordinance 4105, effective 1988). Of the approximately 4,500 active businesses in Renton, 3,226 are single employee businesses (70 percent). Four times each year, Finance staff sends out the Business License Quarterly Invoice to each Renton business. This invoice includes a section to be completed by the business about its number of employees. The invoice is returned to the City with the quarterly fee payment. Each quarter, Renton single employee businesses remit one -quarter of the annual charge — $13.75. The City's quarterly invoice and the required response on the number of employees can be time consuming for some businesses. This paperwork also requires a tremendous amount of clerical work in Finance in order to send out the invoices, then properly receipt in the payments, and to record the employment numbers. RECOMMENDATIONS/BACKGROUND : The following changes to the business license process are proposed for the purpose of improving efficiency and reducing City expenses. 1. It is proposed that the City bill small businesses (less than 100 FTE's) annually for their business license and that the date of fee payment be based on the original business license date of application. Changing to annual billing will save about 13,000 invoices. The savings on postage alone is approximately $4,500 ($.352 presorted rate). This change will also dramatically decrease the amount of key entry performed by Finance staff (about a 75 percent reduction). 2. Under the proposed changes to the business license code, any business with a first quarter anniversary date will pay its annual fee by April 1, 2006. This change helps mitigate the impact of the annual 2006 business license fee being due too soon after the due date for the 2005 fourth quarter fee. The 2006 first through third quarter fees are due and payable H:\FINANCE\ADMINSUP\02_lssuePapers_memos to Council or Mayor\Business License Issue Paper Il.doc Terri Briere, Council President Members of the Renton City Council Page 2 of 3 September 19, 2005 in 2006, with the 2005 fourth quarter fees paid in 2006. The 2006 cash flow impact to the City is above a positive breakeven since the majority of Renton businesses have anniversary dates in the first through third quarters. Estimates will be provided to enable very accurate budgeting of revenues. (Originally, to minimize the impact on Renton businesses, fee due dates were set well beyond the end of the reporting period. For example, 2005 fourth quarter fees are due no later than February 5, 2006.) 3. It is proposed that we continue billing Renton's largest employers (100 plus employees) on a quarterly basis. We can also bill companies with financial hardships quarterly if an exception is approved for each requesting business from the Finance and IS Administrator. Some businesses such as Boeing, PACCAR Inc, Wal * Mart, ER Solutions, Fry's, IKEA, Wizards of the Coast, and a few others have in excess of 250 employees. At the current business license fee rate, an employer with 250 employees pays $13,750 annually. Only PACCAR and Boeing have in excess of 500 FTE's within the City. PACCAR's annual fee is approximately $80,000. Boeing's current fee is approximately $475,000 (in accordance with the most recently reported FTE levels.) By continuing the quarterly billing of Renton's largest employers, it provides the City a very accurate picture of Renton's employment numbers. Renton businesses with more than 250 employees account for approximately 37.7 percent of all employment within city limits. By continuing the quarterly billing of large employers with 100 plus employees, we can collect employment numbers quarterly from 41 businesses, with 51.7 percent of the total employees within city limits. BUSINESS LICENSE PROCESS IMPROVEMENTS For Council's information, Finance is making the following improvements to the Business License function/process: 4. We are replacing a 12-year-old business license software system that was written in- house. It is in dire need of replacement since it crashes on a daily basis. We plan to implement the new software system on January 1, 2006. January 1 coincides with the effective date of the proposed ordinance changes. The new software system licensing/replacement costs are approximately $30,000. 5. Establish a lockbox with our merchant bank to accept payments. This further eliminates the key entry of payments by Finance staff. The efficiencies gained will allow Finance staff to audit business license fee returns for accuracy. 6. An online payment system very similar to the Utility Billing Online Payment System will be made available to Renton businesses for 2006 payments. An online application form will be available to prospective busincsses. They will be able to submit the application via email and receive immediate email feedback on their application. Terri Briere, Council President Members of the Renton City Council Page 3 of 3 September 19, 2005 There are two business license reports available for Council review. Due to their size, the reports are not included with this memorandum. The BL (Business License) Fees by Highest Billable Employees (FTE) report shows the number of billable employees. The Distribution by Billable Employees report shows the distribution of fees by the highest revenue. MB/BH/dlf cc: Jay Covington, CAO Linda Herzog, Assistant to the CAO Paul Baker, Code Compliance Inspector Marilyn Kamcheff, Code Compliance Inspector Linda Parks, Fiscal Services Director George McBride, Acting IS Director Cindy Zinck, Finance Analyst Supervisor CITY OF RENTON, WASHINGTON 4?4A�tr ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER OF TITLE _( ) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCE OF THE CITY OF RENTON, WASHINGTON" BY THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS; SECTION I. One new definition in Section 5-5-2, Definitions, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby added, to read as follows: Reporting Period: Full previous twelve months from the first day of the quarter within which the anniversay date of Application for City of Renton Business License begins. SECTION II. Section 5-5-3 of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows: 5-5-3 GENERAL BUSINESS LICENSE: A. General Business License Required: Every business enterprise, including those with a temporary or portable sales location, shall first obtain from the Finance Division a general business license for the current calendar year or unexpired portion thereof. The license shall be nontransferable. B. Issuance of License: All general business licenses shall be issued by the Finance & IS Administrator. The Finance & IS Administrator shall keep a register thereof. Each license shall be numbered, shall show the name, place and character of business and such other information as the Finance Administror shall deem necessary. ORDINANCE NO. The license shall at all times be posted in the place of business for which it is issued, or in the case of a business enterprise with a temporary or portable sales location, be carried on the person of the holder thereof at all times during business hours or while such business is being carried on, and shall be displayed at the request of any interested person. When the place of business of a business enterprise is changed, the business enterprise shall return the license to the Finance & IS Administrator and a new license shall be issued for the new place of business free of charge. No business enterprise holding a license shall allow any other business enterprise, for whom a separate license is required, to operate under or to display its license. (Ord. 3773, 12- 19-83, eff. 1-1-84) C. License Fee: The general business license fee shall be determined by the number of employees in the City of Renton during the Reporting Period as follows: 1. Renewal Fees: The annual license renewal fee shall be calculated by multiplying the number of hours reported during that calendar year on the quarterly State of Washington Labor and Industries reports and then multiplying that figure by $.029 per hour. This figure will be approximately fifty five dollars ($55.00) per full time equivalent employee per calendar year when based upon one thousand nine hundred twenty (1,920) hours of employment per calendar year. At any time during the year that it appears that the number of employees has been under -reported, an additional license fee shall be due. If, at any time, it appears that the number of employees for the year has been under -reported by twenty percent (20%) or more, there shall be a penalty applied to any additional fee owed, equal to twenty percent (20%) per annum of the additional fee, plus any accounting, legal or administrative expense incurred by the City in determining the under -reporting, the amount of the under -reporting or in collecting the tax and any penalty. 2. New License Application Fees: Page 2 of 10 11:\FINANCE\ADMINSUP\03 Ordinances Resolutions\Ordinance for Business License I FINAL.doc ORDINANCE NO. (a) The fees shall be based on estimated hours as defined in Renewal. Fees in 5-5-3-C L (b) Fees based on the net difference between estimated fees paid at the time of new license application, and shall be paid to the City at the time of annual renewal. The difference shall be calculated as the total due at time of renewal less total estimated fees paid at time of new license application. The overpayment of fees may be applied as a credit to annual renewal fees. 3. Each business license holder shall file with the City of Renton, copies of its quarterly reports to the State Department of Labor and Industries reporting employee hours worked. The businesses that did not file the report can file an affidavit with the City reporting hours worked or the equivalent number of employees. 4. There shall be a minimum fee for any annual license of fifty five dollars ($55.00). 5. Due Dates: Business License Fees are due one day after the last day of the quarter of the anniversary date of original City application for Business License. Reporting Periods: Business License Fees are calculated for the Reporting Period for the preceding twelve months from the Is' day of the quarter of the anniversary of original application to the City. The Finance & IS Administrator may set quarterly payment schedules and due dates for business license fees on an exceptional basis. Reporting Periods are as follows: Reporting Period 1: Anniversary date of the business's Original Application for a City Business License falls within January 1st through March 31 st. Total Hours from January 1st to December 31 st of the previous year. Expiration date isMarch 31 st Page 3 of 10 H:\FINANCE\ADMINSUP\03 Ordinances Resolutions\Ordinance for Business License I FINAL.doc ORDINANCE NO. Reporting Period 2: Anniversary date of the business's Original Application for a City Business License falls within April 1st through June 301h. Total Hours from April 1st of the previous year to March 31 st of the current year. Expiration date is June 30th Reporting Period 3: Anniversary date of the business's Original Application for a City Business License falls within July 1st through September 30th. Total Hours from July lst of the previous year through June 30th of the current year. Expiration date is September 30th Reporting Period 4: Anniversary date of the business's Original Application for a City Business License falls within October 1st through December 31 st. Total Hours from October Is' of the previous year through September 30th of the current year. Expiration date is December 31 st 6.a. Presumption: For purposes of this Ordinance any business operating within the City limits of the City of Renton shall be deemed to have all of its employees working within the City limits of the City of Renton. b. Working Outside City: For any employees whose nominal place of business is within the City limits of the City of Renton, all hours will be presumed to be worked within the City and subject to this fee. Any employee regularly reporting to work within the City limits shall have all of that employee's time subject to this fee, even if portions of the employee's time are spent outside the City of Renton, for example, a realtor or outside salesperson. For an employee normally employed within the City of Renton who for extended periods of time reports to work outside the City of Renton, for example a contractor's employees reporting directly to job sites, then the employer may by affidavit report the number of hours actually worked within the City or the percentage of time within the City based upon one thousand nine hundred twenty (1,920) hours annually and pay the annual license fee based upon those figures. Page 4 of 10 H:\FINANCE\ADMFNSUP\03—Ordinances—Resolutions\Ordinance for Business License I FINAL.doc ORDINANCE NO. C. Short Term Employment Within City: For those employers without a Renton address whose employees are nominally situated outside the City of Renton, but who are working within the City, for example contractor's employees, the license fee shall be calculated pursuant to the hours reported on the quarterly State of Washington Labor and Industries reports as supplemented by the employer's affidavit reporting the number of hours worked within the City during the quarter or the percentage of that classification or employee's time worked within the City based upon one thousand nine hundred twenty (1,920) hours of annual employment, but subject, however, to the annual minimum license fee of fifty five dollars ($55.00). 7. Any payment not made within thirty (30) days of the due date as defined herein shall be cause for the automatic revocation of the business license. There shall be a penalty of not less than twenty dollars ($20.00) to reinstate any license revoked through nonpayment. There shall further be a penalty of not less than fifty dollars ($50.00) for failure to obtain a business license, plus payment of all license fee amounts still owing for the last three (3) years plus a penalty of twenty percent (20%) per annum plus any accounting, legal or administrative expenses incurred by the City in determining the nonreporting, or the unpaid portion over the last three (3) years or in collecting the tax and/or the penalty. (Ord. 4105, 12-21-87) 8. This Ordinance shall be in full force and effect until otherwise amended by ordinance. (Ord. 4335, 12-16-91) D. Exemptions: The provisions of this Chapter shall not apply to: 1. Any business enterprise, firm or corporation which the City is forbidden to tax by law; Page 5 of 10 HAFINANCE\ADMINS UP\03 Ordinances Resolutions\Ordinance for Business License I FTNAL.doc ORDINANCE NO. 2. Translators, expert witnesses, and court reporters who have a business license in another jurisdiction and who have a business located outside the City when their services are used in an ongoing judicial proceeding; or 3. Attorneys who have a business license in another jurisdiction and who have a business located outside the City a) when they are representing a client who is doing business with or seeking a permit from the City; b) when their services are used by a defendant in Renton Municipal Court or by a party in an administrative hearing; c) when their services are used as a judge pro-tempore in Renton Municipal Court; or d) when their services involve representation of a client and their presence in the City is limited to participation in a meeting, negotiation, arbitration, deposition or witness interview that is related to an ongoing or anticipated legal matter. (Ord. 5021, 10-20-03) E. Renewal: The Finance & IS Administrator is authorized, but not required, to mail to business enterprises forms for application for licenses, but failure of the business enterprise to receive any such form shall not excuse the business enterprise from making application for and securing the license required and payment of the license fee when and as due hereunder. F. Overpayment of License Fee: Whenever a business enterprise makes an overpayment, and within two (2) years after date of such overpayment, makes application for a refund or credit of the overpayment, its claim shall be allowed and be repaid from the general fund, when approved by the Finance & IS Administrator. G. Penalties: 1. Monetary Penalty: Failure to pay the license fee within thirty (30) days after the day on which it is due and payable pursuant to Section 5-5-3C7 shall render the business enterprise subject to a penalty of five percent (5%) of the amount of the license fee for the first month of the delinquency and an additional penalty of five percent (5%) for each succeeding month of Page 6 of 10 H:\FINANCE\ADMINSUP\03 Ordinances Resolutions\Ordinance for Business License I FINAL.doc ORDINANCE NO. delinquency, but not exceeding a total penalty of twenty five percent (25%) of the amount of such license fee in any event. 2. Collection: Any license fee or tax due and unpaid and delinquent under this Chapter, and all penalties thereon may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties. 3. Revocation of License: The Finance & IS Administrator may revoke any license issued pursuant to this Chapter to any business enterprise or other person who is in default in any payment of any license fee hereunder, or who shall fail to comply with any of the provisions of this Chapter. Notice of such revocation shall be mailed to the license holder by the Finance & IS Administrator and on and after the date thereof any such business enterprise who continues to engage in business shall be deemed to be operating without a license and shall be subject to any and all penalties herein provided. (Ord. 3773, 12-19-83, eff. 1-1-84; amd. Ord. 4257, 1-22-90) 4. Penalties: Penalties for any violation of any of the provisions of this Chapter shall be in accord with Section 1-3-2. (Ord. 4351, 5-4-92; amd. Ord. 4723, 5-11-98) 5. Nuisance: Any business enterprise failing to obtain or maintain a business license and yet conducting business within the City limits of the City is hereby declared to be public nuisance. 6. Order To Close Business And Appeal: Any Renton police officer or any designee of the Finance & IS Administrator may serve a notice ordering a business to close and discontinue operation of any business in the City which has failed to obtain or maintain a business license. That notice may be served in person or by certified mail, return receipt requested. The notice shall indicate that the business is ordered to close until it obtains a currently valid business license. The notice shall also state that the business owner or operator Page 7 of 10 H:\FINANCE\ADMINSLJP\03 Ordinances Resolutions\Ordinance for Business License I FINAL.doc ORDINANCE NO. --7 44�d shall have the right to appeal the notice to the Finance & IS Administrator or his designee by serving a written notice of appeal on the Finance & IS Administrator or his designee within ten (10) calendar days of receipt of a served notice of closure, or within thirteen (13) days of mailing of a mailed notice of closure. The written notice of appeal shall state the reasons why the closed business need not obtain a business license or proof that the business has a business license. The Finance & IS Administrator or the Administrator's designee shall then determine whether or not the business is exempt from the City's licensing requirement or has a currently valid business license. If the Finance & IS Administrator or the Administrator's designee cannot make these findings, then there shall be an order entered affirming the order to close the business. Any appeal decision shall be reduced to writing and a copy provided to the appellant either in person or by mail. Any further appeal of the appeal decision shall be by writ of certiorari to the King County Superior Court made within twenty (20) days of the appeal decision. 7. Prior to issuing a license all back fees and penalties must be paid. (Ord. 4333, 11-25-91) H. General Business License Application; Public Record: 1. General business license applications made to the Finance & IS Administrator pursuant to this Chapter shall be public information subject to inspection by all persons except to the extent those records may be deemed to be private or would result in unfair competitive disadvantage to such a business enterprise if disclosed as more particularly defined in Chapter 42.17 RCW. 2. It shall be unlawful for any business enterprise which is required to maintain a general business license to fail or refuse to secure such license or to pay the general business license fee or any part thereof when due, or for any business enterprise to make any false or fraudulent application or false Page 8 of 10 H:\FINANCE\ADMfNSUP\03—Ordinances—Resolutions\Ordinance for Business License I FINAL.doc ORDINANCE NO. statement or representation in or in connection with any such application, or to aid or abet another in any attempt to evade payment of the fee or any part thereof, or in any manner to hinder or delay the City or any of its officers in carrying out the provisions of this Chapter. I. Rules And Rulings: 1. The Finance & IS Administrator shall have the power and it shall be his duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this Chapter or with the law for the purpose of carrying out the provisions hereof, and it shall be unlawful for any business enterprise to violate or fail to comply with any such rules or regulations. 2. Any business enterprise aggrieved by the amount of the fee or tax found by the Finance & IS Administrator to be required under the provisions of this Chapter may appeal to the City Council from such finding by filing a written notice of appeal with the Finance & IS Administrator within five (5) days from the time such business enterprise was given notice of such amount. The Finance & IS Administrator shall, as soon as practicable, fix a time and place for the hearing of such appeal, which time shall be not more than thirty (30) days after the filing of the notice of appeal. He shall cause a notice of the time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to introduce evidence in its own behalf. The City Council shall thereupon ascertain the correct amount of the fee or tax by resolution. The Finance & IS Administrator shall immediately notify the appellant thereof by mail, which amount, together with costs of the appeal if appellant is unsuccessful therein, must be paid within three (3) days after the notice is given. The Mayor, the President of the Council, or the chairman of any committee thereof before which the appeal is to be heard may, by subpoena, require the attendance of any person and may also require him to produce any pertinent books and records. Any person served with such subpoena shall appear at the time and place therein stated and produce the Page 9 of 10 H:\FINANCE\ADMINSLJP\03 Ordinances Resolutions\Ordinance for Business License 1 FINAL.doc ORDINANCE NO. books and records required, if any, and shall testify truthfully under oath administered by the chairman in charge of the hearing on appeal as to any matter required of him pertinent to the appeal, and it shall be unlawful for him to fail or refuse so to do. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: day of , 2005. day of Bonnie I. Walton, City Clerk 2005. Kathy Keolker-Wheeler, Mayor Page 10 of 10 H:\FfNANCE\ADMTNSUP\03—Ordinances—Resolutions\Ordinance for Business License I FINAL.doc CITY OF RFNTON_CO1JN_CIL AGENDA BILL Submitting Data: Dept/Div/Board- Staff Contact...... Subject: Hearing Examiner Fred J. Kaufman, ext. 6515 Wedgewood Lane Division 1 Preliminary Plat File No. L,UA-03-053, ECF, PP Exhibits: Hearing Examiner's Report and Recommendation Legal Description and Vicinity Map Recommended Action: Council Concur Al #: For Agenda of: 9/26/2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The (Tearing Examiner's Report and Recommendation on the Wedgewood Lane Division 1 Preliminary Plat was published on August 25, 2005. The appeal period ended on September 8, 2005. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on page 9 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Council approval of the Wedgewood Lane Division 1 Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/aenhill/ bh August 25. 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: C3]�/�hl.Z:h LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Patrick Gilroy Land Trust, Inc. 1560 140°i Avenue NE, Suite 100 Bellevue, WA 98005 Wedgewood Lane, LLC 1560 1401h Avenue NE Bellevue, WA 98005 Wedgewood Labe (Division 1) Preliminary Plat File No.: LUA 9-053, ECF, PP 980 Hoquiam Avenue NE Approval for an 18-lot subdivision of a 3.07-acre site intended for detached single-family residences. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on July 19, 2005. 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 July 26, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, July 26, 2005, at approximately 9:18 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4. Boundary and Topographic Survey Exhibit No. 5: free Cutting/Land Clearing Plan Exhibit No. 6: Preliminary Grading and Utility Plan Wedgewood Lane Preliminary Plat File No.: LUA-05-053, ECF, PP August 25, 2005 Page 2 Exhibit No. 7. Zoning Map Exhibit No. 8: Overall Division Map Exhibit No. 9: King County Parcel Map Exhibit No. 10: Redesign of Lot 13 with appropriate width at cul-de-sac. Exhibit No. 11: Letter dated February 25 from Renee Korsmo Exhibit No. 12: Photograph of two driveways on NE 10°i with the safety pullout and wetland. Exhibit No. 13: Aerial photograph of the plat Exhibit No. 14: Map showing haul routes The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. Division I was originally submitted in 2003, since that time additional property had been obtained by the applicant and therefore there are now three divisions to Wedgewood Lane. This first division is located to the east of Hoquiam, south of the extension of NE 10°i and west of Nile Avenue. Division 2 is to the south and division 3 is to the east. No access will be directly onto Hoquiam, the access to this plat is via a proposed dedicated right-oi-way through Division 3 to the east that will connect through Aspen Woods Preliminary Plat and then Division 2 to the south and out to Hoquiam. Another aspect that connects Division 1 to Division 3 is the storm water facility that will be a combined facility for all three divisions, located in the Division 3 site along the eastern property line and the wetlands. A sewer lift station is proposed along the northern area of Division 3 along NE 10"', which will serve all three divisions. Division 1 was already a land use application that was placed on hold. Division 3, in the first part of July, received approval for the annexation and that has been completed. Division 2 will go before Environmental Review next week and before the Hearing Examiner by the end of August. Division 3 has been submitted and routed for staff review and anticipated to have Environmental Review and before the Hearing Examiner by the first of September. NE 10" is not constructed as yet, the extension of NE 10°i to Hoquiam will be tied to Division 3 at the time of platting. The applicant will be required to have from Division I, to meet code requirements, two points of access. There was much discussion on the placement of roads in plats that have not been designed as yet and is it right to approve a plat not knowing where those roads will eventually be. It appears to be a matter of timing to get all three divisions together. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated (DNS-M) with eleven mitigation measures. No appeals were filed. Fire, Transportation and Park Mitigation Fees have been imposed for this plat. The site is zoned Residential-8, Single Family and is in compliance with the policies for the Comprehensive Plan. The proposal arrives at a net density of 6.85 du/ac, which is within the allowed density range of the zone. The lots are all in a uniform configuration around the proposed access road and cul-de-sac. Lot 13, on the original plat needed to provide a minimum of 35 feet lot width along the cul-de-sac, the applicant has notified staff that that has been revised and now meets the standards. All lots appear to meet the setback, building standards and parking requirements for this site. All lots comply with arrangement and access requirements of the subdivision regulations. This will all be reviewed and verified at the time of building permit application. Wedgewood Lane Preliminary Plat File No.: LUA-05-053, ECF, PP August 25, 2005 Page 3 The applicant will be required to do all street improvements to comply with code. Two points of emergency access are required per code. There are three private access easements and the applicant will establish a maintenance agreement for the private access easements. The applicant will also be responsible for installing private road signs that indicate the addresses for each of the easements. All vegetation on the property would be cleared, except the area included in Tract A, in order to locate the proposed utilities. Tract A will be noted as a native growth protection easement on the face of the plat, the applicant will also provide a split rail fence along the perimeter of the Tract to ensure that it is maintained as such. Because of the clearing of the site, the applicant will be required to plant two ornamental trees per lot and to record a restrictive covenant for the trees. This development is the first of three divisions, they most likely will be connected by access, stormwater facilities and a sewer lift station, therefore, the applicant is expected to propose a recreational trail along the wetland buffer and to ensure that this trail extends to benefit all divisions. It is recommended that the applicant revise the plat to include a 10-foot wide pedestrian easement connecting proposed NE 9"' Place along Lot 7 and Tract A to Hoquiam Avenue NE. The subject site is located within the Renton School District and they have indicated that they can ;.ccommodate the additional students. A drainage report was submitted and applicant is proposing a combined storm water facility located in Division 3. The site is located in Water District 90 and a certificate of water availability has been obtained. The extension of an 8-inch sanitary sewer main will be required and the proposed lift station will be constructed per City standards. Patrick Gilroy, Land Trust, Inc., 1560 140"' Avenue NE, Suite 100, Bellevue, WA 98005 stated that he is the applicant. "their preference would have been to do all three divisions as one, however in the interest of time, the applications have come in as three separate requests while waiting for the annexation to be completed. They have been working with staff on Division 3 since last November. The stormwater and sewer improvements that will serve Divisions 1 and 2, but are located in Division 3, have been reviewed by staff. Some of the other activity in the area includes the Bentnose plat that has been reviewed and approved, as well as the Aspen Wood subdivision. The right-of-way on 1 16"' out to 148"' has been dedicated, additional right-of-way will be dedicated on the other side of the street, there is a full 60-feet of right-of-way from this site's east frontage out to 148"' or Nile Avenue. The pump station has been designed and reviewed by Dave Christensen, the construction should be starting very shortly. All improvements for all three divisions will be done at the same time, moderately phased as approvals come in, but they will not finish one division without the completion of the other divisions. He did question the 10-foot easement for the pedestrian path, typically there is only 5-feet required for a sidewalk. He also presented a drawing showing the redesign for Lot 13 with the appropriate width on the cul-de-sac. Rene Korsmo, 5424 NE 10"' Street, Renton, WA 98059 stated that she owns a home on an acre and a quarter of land, recently annexed to the City of Renton under the Wedgewood Lane annexation. Her land fronts Wedgewood Lane 3 on the north of NE l 0°i Street. The sewer lift station would be just west and south of her property. There is concern as to where the primary access to Wedgewood Lane will be located. In any of the plans that have been submitted or any of the paper work, there is no statement as to which entrance will be the main Wedgewood lane Preliminary Plat File No.: LUA-05-053, ECF, PP August 25, 2005 Page 4 entrance. They have talked about grading, a sewer lift station. and a stormwater retention facility being constructed ahead of the project, but they are not telling where the trucks are going to travel, where all the equipment is coming from. The primary needs of Wedgewood Lane 1, road access, stormwater retention and sewer facilities rely on Wedgewood Lane 3, which directly fronts her property. It also affects 14 additional homeowners along NE 10`' Street, which goes to Nile at this time, there is no access to Hoquiam from NE 10°i Street. She has very strong concerns with the use of NE 10`' Street as access for construction to the Wedgewood Lane development. NE 10°i Street is currently 12-feet wide, it dead ends to the west, it does appear that at some point it will connect through to Hoquiam, there is a slope with some sight distance issues. If and when NE 10`' is improved, it needs to be brought up to the bare minimum width of 20 feet. if it does become the primary access to Wedgewood Lane 1, there should be no parking of construction vehicles on NE 10°i Street and improvements should be made prior to the development of this site. There will be no emergency access to their homes if NE 10`', in its current condition, does become the primary construction access route. Surface water detention and drainage concerns were mentioned in her February 25 letter and a June 16 letter for the SEPA committee. tier property is the low spot on the north side of the Wedgewood properties and surface water runoff is a prime concern. Honey Creek flows through her property. In the past Honey Creek has consisted mostly of seasonal drainage and has not flooded her property for at least 20 years. She wants to make sure that the surface water detention site and drainage facility would be appropriate for all three of the Wedgewood divisions, the creek may run year around and that would be fine, she just doesn't want to be flooded at any time during the year. it is her understanding that the City has issued the necessary permits and approval to proceed on the sewer lift station even though Wedgewood bane 3 has not gone to the Preliminary Plat stage, this will service all three Wedgewood Lane properties and will be a benefit to the neighbors currently residing on NE 10'h, most of whom are on septic. They are concerned that the fire hydrant will be obstructed during the construction of the lift station and they want to make sure that that is not going to happen. They have not seen the plans for the lift station as yet, but would hope that a security fence would be included in the construction. Angeline Anderson, 5300 NE 10'h Street, Renton, WA 98059 stated that her property is the very last I;ouse on NE 10`'. Several years ago the residents on NE 10"' got together and had the road paved to prevent the muddy access to their homes. She has concerns with the new road placement (The north/south road between Niles and Hoquiam will be Jericho) as NE 10'h dead ends with her drive to her house. She is not sure where the road is going to go and how it will look for her property if the new half street comes across her property, her drive would not blend into the proposed new street and it would not look very nice. She would prefer that NE 10'h not be cut through to Nile. If a haul route could be set up off of Hoquiam for Division 1 rather than coming off of NE 10`' as the street is not wide enough and the excess heavy traffic would do much damage to the street. 'The new sewer pipe that will be installed down NE 10`' is of concern as to when it will be installed and she wondered if a stub could be put on her property for future hook up to the sewer. She also wondered if there would be any elevation change with Division I and if so will it be continued to Division 3. Ms. Weil stated that Division 3 would be under the new code and a landscaping plan will be required. Fencing along storm drainage tracts is not generally required. Wedgewood Lane Preliminary Plat File No.: LUA-05-053, ECF, PP August 25, 2005 Page 5 Stan Engler, Fire Marshal, City of Renton stated that first of all, during any construction that is done, emergency access will not be compromised, if there are any issues people can call the Fire Department directly o. 911 if it seems no one is checking on it, they will be able to get to private property at all times. With all new construction, the Fire Department's concerns are with access, as laid out this development meets the City's Fire codes for access. The concern is that NE 10"' needs to be updated to Fire Code Access Standards which is 20-feet paved and currently it does not meet those standards. The cul-de-sac that is Division 1 also meets standards. Jericho and NE 10"' will provide adequate access with improvements for Division 1. Kayren Kittrick, Development Services Division stated that NE 10"' is not adequate for any of the necessary access for the development of this site. It is under review that the developer will create a haul route that goes out to Hoquiam across their property, they will maintain that route for the duration of the construction so that NE 10"' is not subject to the heavy equipment and the truck hauling. There are two homes in Division 2 that will have to be demolished prior to development When NE 10"' is constructed, there are other developments in the works and there will be a connection to Nile Avenue. With Division 1, NE 10"' east to Nile will be required to put in their 20-feet of pavement, if Division 3 comes in a timely fashion they will be required to put in half street improvements which is up to 28-feet of pavement. Sidewalk, curb and gutter on their side of the property, parking would only be on the Wedgewood side of the street. There will ultimately be four connections to Hoquiam and one to Nile. Jericho will have to be dedicated and recorded before Division 1 can go through. The Sanitary Sewer is issued by separate permit, there is a long lead time in the building process f63 the sewer in order to get everything together and operational, that is why it is going in far in advance and separ.tely from the plat. The City of Renton will be responsible for the lift station. The wetlands must be preserved and Honey Creek also has to not run any less than it currently runs and it Should remain intermittent as it is presently. There should be no change in the levels of water because of this construction. The pedestrian easement of 10-feet allows for any minor drainage facilities that have to be constructed or gravel paths, it is more a matter of comfort and making sure that the path stays dry. The pathway will be open and available to anyone that wishes to walk through that area. Mr. Gilroy commented that the construction access would be through Division 2 and 3 to Hoquiam Avenue. Some demolition and clearing will be done in order to provide that access. Also, in staffs report under Section 5 Consistency with Preliminary Plat Criteria, under paragraph d, there is a section of the report that states connection to NE 10"' and through the Aspen Wood plat would be necessary for Division 1 to provide required access prior to the recording of the final plat. He would like that to be amended to add the potential 20-foot access, which provides access between Divisions 3 and 2 in the event that there may be a delay in Aspen Wood's plat. Ms. Anderson further commented that all the utilities that run along their lane are underground to the homes but there are telephone poles that run along the side of the lane it would be very nice since they are goEig to be widening the street if all the utilities could be put underground. The Examiner stated that since that is third party property, some of it can be done cooperatively but that will have to be taken care of outside of this hearing. Wedgewood Lane Preliminary Plat File No.: LUA-05-05 3. ECF. PP August 25. 2005 Page 6 The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments frorn staff. The hearing closed at approximately 10:58 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, Patrick Gilroy, filed a request for an 18-lot Preliminary Plat. ]'his Preliminary Plat is Division I of the Wedgewood Lane 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 41. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 980 Hoquiam Avenue NE. While the subject site is located on the east side of Hoquiam Avenue NE, in the main it is an interior parcel with a narrow pipestem connection to Hoquiam. 6. 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 residential uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 4918 enacted in October 2001. 9. The subject site is approximately 3.07 acres or 133,844 square feet. The subject site is generally rectangular although the pipestem noted above is quite irregularly shaped due to wetland boundaries. The main parcel is approximately 331 feet deep (east to west) by approximately 343 feet wide. The pipestem is approximately 300 feet long and approximately 66 feet wide where it intersects or enters Hoquiam. 10. The subject site has very little slope, approximately one percent (1%). IL . A Category 3 wetland is generally located along the northwest portion of the pipestem (that connects to Hoquiam). It would be preserved in Tract A. Due to the location of the wetland, there would be no pipestem access to Hoquiam from the rest of the subject site. 12. All trees would be removed from the subject site outside of the protected wetland area noted above. These trees consist of firs, fruit, alders and maples. 13, A cul-de-sac roadway entering from the east would provide access to the plat. The cul-de-sac would branch off a new north -south public street that would be developed in conjunction with what will be Wedgewood Division 3 developed by this applicant. Actually, Division I (and Division 2 which will be Wedgewood Lane Preliminary Plat File No.: LUA-05-053, ECF, PP August 25, 2005 Page 7 reviewed in a subsequent public hearing) will depend to a large measure on development of Division 3's infrastructure. Division 3 will provide a major road network that will provide the necessary second road connections to open public streets. Division 3 will also provide the storm drainage detention ponds, open space and sanitary sewer lines used by Division 1 and Division 2 of the Wedgewood plat. A sewer lift station will also be constructed in conjunction with this development but will be located in Division 3. 14. The applicant proposes dividing the property into 18 lots arrayed around the cul-de-sac with easements off that for more interior parcels. 'The lots would be arranged in basically three tiers. Proposed Lots 1 to 7 would be located along the north tier, Lots 8, 9 and 16 to 18 in the middle tier and Lots 10 to 15 along the southern tier. 15. Proposed Lots 5, 6 and 7 in the northwest corner, Proposed Lot 10 in the southwest corner and Proposed Lots 14 and 15 in the southeast corner would be accessed by private easement roadways. 16. The main roadway would be 42 feet wide ending in a cul-de-sac with a radius of 50 feet. These dimensions were approved when a modification was granted by the City. See below for a discussion of roadway dependencies. 17. The density for the plat would be 6.85 dwelling units per acre after subtracting sensitive areas (wetland) and roadways. 18. The subject site is located within the Renton School District. The project is expected to generate approximately 8 school age children. These students would be spread across the grades and would be assigned on a space available basis. 19. The development will increase traffic approximately 10 trips per unit or approximately 180 trips. Approximately ten percent of the trips, or approximately 18 additional peak hour trips will be generated in the morning and evening. 20. Stormwater would be routed to a large shared system that would be developed in Division 3 located east of the subject site. The system would provide both detention and water quality treatment and would be subject to the 1998 King County Manual. 21. Sewer would be provided by the City with a lift station necessary to serve the subject site. The lift station will be located along NE 1 Oth Street and it would be located in a portion of Division 3. 22. Water would be provided by Water District 90. 23. As noted above, the development of this plat will be dependent on the ultimate development of roads, stormwater facilities and a sewer lift station that are part of Proposed Divisions 2 and 3 being developed by this same applicant. Proposed Division 3 covers a large area east of the subject site and running south and connecting with Proposed Division 2. In addition, the road system also depends on the completion of the approved but incomplete Aspen Woods plat south of the subject site. Division 2 would be located south of Aspen Woods, which is south of the subject site. Currently, the proposed access road would be over 700 feet in length and therefore, this plat needs a secondary access that meets code. This will require access both to the south and then to Hoquiam and to the north and then along 10th either to the east (Nile Avenue) or west (Hoquiam Avenue). Currently, NE 1 Oth is substandard and would need to be at least 20 feet wide. The Fire Department has made it clear that the appropriate roads will need to be available to grant final approval to this plat. Wedgewood Lane Preliminary Plat File No.: LUA-0-05 3. F.C_'1 PP August 25, 2005 Page 8 24. The timing of an annexation for the property involved in Proposed Division 3 determined the order of submission. That annexation is to be finalized in time for the development of the three separate but interrelated divisions of Wedgewood Lane. 25. l he applicant will be preserving the portion of wetland located on its extreme western edge. Staff has recommended a pedestrian pathway connecting out to Hoquiam. As other walking routes to Hoquiam would be longer or circuitous, a social path would probably occur in any event in this location. CONCLUSIONS: The proposed plat, which is Division I of Wedgewood Lane, appears to serve the public use and interest as long as the appropriate infrastructure promised in Divisions 2 and 3 occur in a timely fashion. As discussed. Division I cannot stand-alone. It completely relies on supporting roads, storm water containment systems and sewer facilities that will be constructed as part of Divisions 2 and 3, which are not yet approved. It also relies on the completion of roads in Aspen Woods which is under development. Frankly, to an outside observer and to some neighbors it appears that the current review of a plat so dependent on subsequent development is untimely. City staff have noted that it is not entirely unusual to plan a multi -division plat that will need infrastructure that can only be accommodated by additional offsite development such as would occur in this proposal. The timeframe of this and the other applications was based on the fact that annexation of property was necessary for Division 3. 2. The eighteen lot plat is modest but will provide additional housing choices in the R-8 Zone. It will be developed in an area where urban services are available or, as in this case, can be readily extended to serve the new development. Clearly, until the infrastructure such as roads, sewers and storm facilities are in place, Division 1, this plat, cannot be occupied. Once those facilities are available, the plat will provide reasonable homeownership opportunities for new residents. 3. The plat will be well served by necessary transportation corridors and the applicant will be paying a fee to offset some of those impacts. Both domestic water and sewer is or will be available. The development of the new plat will increase the tax base of the City and does not appear to overly burden the existing City services. 4. It appears that the applicant will be providing a storm system on Division 3 that will maintain current flows in the drainage basin and recharge an offsite wetland. 5. The City will control haul routes and make sure that appropriate roads and routes are used. 6. Staffs recommendation of a pedestrian path seems appropriate to provide a more direct pathway for residents. 7. hi conclusion, while it might have seemed more reasonable to defer Division 1 until appropriate infrastructure existed to fully support it, it should be approved by the City Council with the proviso that the applicant is fully aware that it cannot be finalized until full provisions have been made for all necessary infrastructures to be in place and operating. RECOMMENDATION: The City Council should approve the 18-lot plat subject to the following conditions: Wedgewood Lane Preliminary Plat File No.: LUA-05-053, ECF, PP August 25, 2005 Page 9 l . The applicant shall comply with the conditions imposed by the ERC. 2. Full provisions have been made for all necessary infrastructures to be in place and operating in Divisions 2 and 3 of the Wedgewood Lane Plat as well as Aspen Woods. 3. The applicant shall revise the plat to provide Lot 13 with the required lot width along the radius of the cul-de-sac of 35 feet. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 4. The applicant shall establish a maintenance agreement for the shared private access easements. Additionally, the applicant shall install a "Private Road" sign indicating addresses served from the private street at the intersection of the private street (service Lots 5-7, 10 and 14-15) and the proposed 42-foot internal public street. 5. The applicant shall record Tract A as a Native Growth Protection Easement. A note shall be placed on the face of the plat designating the area, as a Native Growth Protection Area and a split rail fence shall be constructed along the perimeters of the tract with signs posted indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division. 6. The applicant shall be required to record a restrictive covenant against the property. The restrictive covenant shall indicate that two ornamental trees are required to be planted and maintained. within the front yard setback area of each new lot. The restrictive covenant shall be recorded prior to or in conjunction with final plat recording-, however, the trees shall be planted prior to final building permit inspection. This condition shall be subject to the review and approval of the Development Services Division. 7. The applicant shall revise the plat to include a 10-foot wide pedestrian easement connecting proposed NE 9"' Place along Lot 7 and Tract A to 1-loquiam Avenue NE. The applicant shall construct a pedestrian trail within this easement and a maintenance agreement shall be established for the maintenance of this trail and easement. A note on the face of the plat shall be subject to the review and approval of the Development Services Division prior to the recording of the preliminary plat. 8. The applicant shall be required to have all utility maintenance agreements and easements in place prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division. 9. The applicant shall ensure that the infrastructure is constructed and in compliance with City standards prior to the recording of the final plat. Additionally, grading in proposed Division 3 will be limited to those areas required for the construction of the infrastructure of Division 1. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 10. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared private improvements of this development. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Wedgewood lane Preliminary Plat File No.: LUA-05-053. ECF, PP August 25, 2005 Page 10 ORDERED THIS 2.5"' day of August 2005. FRED J. KAU AN HF,ARING F.X INER TRANSMITTED THIS 25"'day of August 2005 to the parties of record: Nancy Well 1055 S Grady Way Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Justin Lagers Harbour Homes 33400 9"' Avenue S, Ste. 120 Federal Way, WA 98003 Patrick Gilroy Land Trust, Inc 1560 140°i Avenue NE #100 Bellevue, WA 98005 Angeline Anderson 5300 NE 10°i Street Renton, WA 98059 TRANSMITTED THIS 25"' day of August 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Rene Korsmo 5424 N E 10°i Street Renton, WA 98059 Patricia A. Waters 12220 142" " SE Renton, WA 98059 Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 1000of the City's Code, request for reconsideration must be filed in writinlz on or before 5:00 p.m., September 8, 2005. 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 1V, 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 writinp_ on or before 5:00 p.m., September 8, 2005. 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 proeessinp, of the file. You may contact this office for information on formatting covenants. Wedgewood Lane Preliminary Plat File No.: LUA-05-053, ECF_ PP August 25, 2005 Page 1 l 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. 1EK+FkSOR 400P MA L KW WEDGEWOOD LANE DIVISION 1 MrroK uaaMMra+ UH0RT +unF;D MCHM r 'zoo' ca. cams, .+w�nf .n• PL^ooa • wrMcrw cam Na 0100 JA#UoWr A 2=0 kv D6 - 3 T23N R5E E 1/2 R— SE 112th P1. f R-8 10th St. i SE 113th w.. 8 SE 117th ` - ; R-8 SE 118th i St. I , } ;' t R=g { E SE 121st St. i �i? y RM-F i 1 \2 SE 124th cr R8 -R-8 Q, R-10 i r r cr -CD - 4 _ CA R-10 ca > R-1Q-filth St. R-4 R-4 R-4.. F. CA R-10 _ =-8 - R-4 F6 - 15 T23N R5E E 1/2 -- Q 2 o E6 ZONING - Renton C,L, um;ee 14600 PnVM TECMACAL nRVICM U,/MO+ 10 T23N ME E 1/2 5310 Z••�to 7 jCFA 3 = •^ tty o 0 9 � -1 � flgalun wvE e1E� )) RG �� EE k?O ACE ggygZ�Z • Zo s dsE ' � � 9 : �o� � IF •F 7 i R --{� ^a .. Tom--• _ - .. I f - � •.z I 1 I r - ME T i 4a I ------ li ------- ----!- jd+� I --------- 1 -- - i i (� EI ;'1 i• • 1 c 3 L__• I X'i a � Tj Q � L ; i� o g m c .Fr ' �� m _ (� f �p r, Ill fA S� i .jjj]d�d D Rl c 77 {y1 3 ? 98 D D M y t D }UA6g8 ffar zl, zan_ _. PREL/M/NARY PLAT /� -- ��-�,�.:.7WEVGEWOOV LA/YE O/V_ A 4, coDIEG ,NF. SURF IM ut.+� BaLrKL- WA 9(IIXlti fHGIHEEfIHG IIAHHIHG SV Vf—G mW-- -A 4 YMIIL Yt/nHl pM y p�p. YoasvrY •�iy tmr r Nwu. WNIq •'tJ'.YCf'I Y•OOt 4•J'n,1✓' ua•a.ru., lo� � y � ': IY♦/J LOOA WlMl1••Y'/VJIYt la uliY •to•tii wu �tY nn 'JN N01.t0 PIOO 3Nt�fd d 210J.3ita1f182133NI�N3 +rr� Yt. um •a•+t . twwY t,aYa. a .Ix.•.nel'a laa�. tl r�.lo. IwoM .iIYLM1 r.M, ltrturon su «. aur.rn ,.•t nu a• orou ursrlw aY wtuw t.A.tl.00n tlA• nOfONrMn� intTM oa urtY •tN•t�•won ow SID NINV'39 al0 9I9D'9 N 1ND'�I '0' ..Y w•rl • w,+ar tl.uo o..IwL 10 i-1(ll'0'Q tw •aw rnaorwmn wusl ..ow wawY.wm warm in s�• MIIDQI o•L T♦ z.r MILOII O•L rtrusa n•�n, Yo ir.ir � tvw n Y:OWr raNror• w Y♦aRLL'r)1 rowltow m ronn tl./NNiO I IY>•NVf'M YttTm h r plr I NO•YILiI•'A J.t'M1A ?G!R•IMn.'l.WVO MY N •n •Nr oNin I,. w•a rt• wlutwun 1• Yn0 tT♦rtl� tt'IY� •MIL N Yu J w� ..0•. IOIRMM•11i IOLW .tOR ruiMnMn?oaNr iN •N• MNaON OM in •N• MIrOg1 O.L TIn tal•IMl t•LY1n1 tl ttttHlO 100GVMi10100i'On ON OY07r YtOM •OOi t[ ATf atmOrl l•L oa Mm7T'a•'u ftYW, •.TJ YO r•tLr'T tmTr Wo.uo •t• OW" 101t ml'a,'N•� %Of1MJ LLI�100 1QTI M•RJILLi•N Mr lOY♦ IM h I rIVTRt Na'i11.O On 1'I'L lYtilM N)llr tl LA'i !Ol YtNGO N N Gi 011•x0 . lqy JJ 3N'il0 NOI I O^o ty'� l B�AIV'Wh10N39 I / . .Yr - GOIK m .to .•I.M y g , • OM"1{lll LlLL 9 9Dd"N Ct dM1 1 9YDT0 �T� a�3r �� ..•�. r•r >m •1•n • a•r.r'Mula+ f[ wNM01'a WNl�M tl rMwa Wll�e• J)YJt •• w or nu a . rear• o am w !r P e�lN ar J, JS 0• a� 133N5 ap.tTp,ro�,YOo[�n �� 9�9Y Y1 aodl aenu• � eroi.ual},l SLN3W3AOLldWl133lLLS`l7VN 1S HL9Ii 3S NOUD36 0VOd 3L/S`NO 7 MdAL ' b A R > rruaa ru.a ro r••r. ne qao� �� -„ ra.gr• aa• nuro aw r- uuro • ero exar ; ma•3r Lscvav 1MRf LrY p 3 o�c�'° o 10 rl {>{ tt11 i Z m O � l•'NY a+cn r '1• nl•a'►• Wrueru» 1. sa a�.rw ••.M . wr u rrus�•..nr re ••nr �. raw Nror auwi+o's• no.l .wwn . �graan err .: M •� •ro +wrm JtelwV IADW mK laR? r play q IAl' awca.aw .. mwur l�in YLWW O .0 /� bvna�s' ur lato rrlauao tal'As -*'rx... Ydda1 /•WJ � .. � r I ss-i�-• n�l<I � Y.Y OYYe�Qile •p•�NOaV•N 4r�T`O> Y4e4I re1M M ® / ' Ma•iY0 ?WJWr ..Ir ....,-.. .rs ..r�.N ssos WYa IoaYa o o '� x.r rem. ,. pn Wan ie,� a» �.... _. ... .. I �"$� v ,rr y li I b'w}10N3 na•ww ranee .unrrw• \;: O ar•yri uwr o+•vall •u of raw ;-'�w-� ww rrsu i .H I i � Mev awun Ml tl rnl!•duu o« Tr V•Z q pa NY pnYN�1Mr tl ul� Ml.aO IIW ��WNr�i��li�aw rOI \ .M1/0p /4 Wal 1N q OIW 01Y0 � m wuvc SION 3os r ar ayes ii o: d o4 b rau, La.o•Y. ' � r+41 LNO.•f-- '�') I I ` rL �..=...._.:. ; . ,04 N ,l :31VOS •N..roww. ,-' - vainon>roea+vn �c (— '6 aoofifAugv slo xvlw AAiv"IWl132,IJ _a38owo" -� '�+u, Nuue ram•- � .. �..--'_'-''.—`- — rz a .•p .K .UIIllH1'. QMOJ'1V � Z ` I aloTa .�llt•pul � j a , � � S �e bM ea utlx ; fa4/ w�lolui aN . W O(}yam � _.. \ \\ ' �� 1'I __.._.. _.._._...«._-'-'-_._.._..y1� � ----"---ii - •1 \ I f I1 a roan V I � 1 aoamer•Y r r• , 't t •Itl1eN10, 1 -- 14 haitw en.� maneoaae a+aw oa Deal I j NOISVU4 HtjLv�-lOOOf113e743rf1 f \ .un•tn ru.M,auaua meodor� I e 11 .__.__.._. at __ 1tl I .` .r ��..__. cc ._...._...7 1 • I�......_....... rct ----.._ . r I I �O'lv'iJ .Wb'NI' 'la'tilJ 4]50.1011.1 I tau, e•riw eom•ra I VI d._ _ _.. __ ... _._-_ •. uMln• ew+w C a 1 tJL _.._ — — N 1 ... 4 err• ,\. aww •rc Li \ L ( T ISIAIO • 3"l 400 b lvld Q3SOJ0 MYY ealw rtrN �a•llrm 'D1/ iV 6l 'dhtl DI y3S 1 3N MS .fta N•rn ooa•r CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL LUA03-053, PP, ECF Wedgewood Lane Div. 1 Preliminary Plat Patrick Gilroy, LandTrust, Inc. 980 Hoquiam Avenue NE DESCRIPTION OF PROPOSAL: The applicant, Patrick Gilroy, is requesting SEPA Environmental Review and Preliminary Plat approval for an 18-lot subdivision of a 3.07-acre site located within the Residential — 8 (R-8) dwelling units per acre zone. The lots are proposed to range in size from 4,500 square feet to 13,395 square feet. The subject site was subdivided into two large lots as part of the Binder Short Plat (LUA03-052). The site contains Category 3 wetland along the eastern portion near Hoquiam Avenue NE. Access and stormwater facility for this project will be dependant on the development of proposed Division 3 to the east. LEAD AGENCY: The City of Renton Department of'Planning/Building/Public Works °Development Planning`Section MITIGATION MEASURES: 1. The applicant shall be required to perform all earthwork activities inihe.dder summer months (April — October) unless otherwise approved by the City's Development Services Division. 2. The applicant shall install a silt fence along the downstope_perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is init►ated`and.shall be consttucted irf-conformance with the specifications presented in the 1998 King County' Surface Water Design Manual. Thts' condition shall be required during the construction of both off -site and on -site improvements as well as building construction. 3. Shallow drainage swages shall be constructed to intercept surface, water flow and route the flow away from the construction area to a stabilized dischar e point. Vegetation growth.; shalt befestablished in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce the flow rates., The design and-constructiori of, #e drainage swales shall conform to the specifications presented in the 1998 King County Surface WaterDesig 'Manual. Temporary pipe systems can also be used to convey stormwater across the site. This c&1cifion shaI be"required during the construction of both off -site and on -site improvements as well as building construction. 4. The project contractor shall perform daily review aritJ maintenance of all erosion and sedimentation control measures at the site during the construction of both on -site and off -site improvements as well as building construction. 5. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. 6. Certification of the installation, maintenance, and proper removal of the erosion control facilities shall be required prior to recording of the plat. 7. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report dated May 13, 2003 and the supplement dated January 19, 2005, prepared by AlderNW in regards to wetland maintenance, monitoring and construction of the project. 8. This project shall be subject to the 1998 King County Surface Water Design Manual Level 2. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 10. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 11. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 2004072100 Exhibit A Legal Description THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,* IN KING COUNTY, WASHINGTON; LESS THE NORTH 315 FEET OF_THE EAST HALF AND LESS THE NORTH 15 FEET OF THE WEST HALF AND LESS THE SOUTH 265 FEET OF THE WEST HALF AND LESS COUNTY ROAD. Z -Ut AN 'd!iU NLZJL OL • 93 0 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact..... Subject: Hearing Examiner Fred J. Kaufman, ext. 6515 Kristen Woods Preliminary Plat File No. LUA-05-056, ECF, PP Exhibits: Hearing Examiner's Report and Recommendation Legal Description and Vicinity Map Recommended Action: Council Concur k: For Agenda of: 9/26/2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Kristin Woods Preliminary Plat was published on September 1, 2005. The appeal period ended on September 15, 2005. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on pages 6 and 7 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Council approval of the Kristin Woods Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. RentonneUn�nbill/ bh September 1, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: XffiL►1_�l % LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT Mike Davis Davis Real Estate Group 1201 Monster Road SW, Suite 320 Renton, WA 98055 Richard and Rose Eastey 9275 42"d Avenue South Seattle, WA 98118 Kristin Woods Preliminary Plat File No.: LUA 05-056, PP, ECF 3200 Block of Benson Drive S (State Route 515) Approval for a 20-lot subdivision of two parcels totaling 3.84 acres. The site is intended for detached single-fawily homes. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on August 16, 2005. PUBLIC HF,ARING: 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 August 23, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, August 23, 2005, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4: Conceptual Landscape Plan Kristin Woods Preliminary Plat File No.: LUA-05-056, PP, ECF September 1, 2005 Page 2 Exhibit No. 5: Boundary/Topographic Survey Exhibit No. 6: Tree Cuttingo/Land Clearing Plan Exhibit No. 7: Detailed Grading Plan Exhibit No. 8: Utility Plan Exhibit No. 9: Drainasae Plan Exhibit No. 10: Street Profile Exhibit No. 11: ERC Mitigation Measures The hearing opened with a presentation of the staff report by Jill Ilal1, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The parcel is zoned Residential-8 d yelling units per acre per the zoning map, it is located at approximately the 3200 block of Benson Drive South which is also known as State Route 515. Benson Drive South bisects the site in half and runs north/south through the project area. One property owner does own both parcels and prior to Benson Drive being constructed, the site was all one parcel. The Comprehensive Plan Land Use designation of the site is Residential -Single Family, the total site area is approximately 3.84 acres. There are 20 lots proposed for the site and a detention area located in Tract B on the southwestern portion of the eastern parcel. There is an open space Tract proposed on the northern portion of the eastern parcel. A 20-foot right-of-way is proposed along the eastern parcel that would be dedicated to the City of Renton and would be named Cedar Avenue South. The western parcel would be served by Road A which connects to Main Avenue South and South 32°'] Place. There is a Class 4 stream located within the proposed Open Space Tract on the northern portion of the eastern parcel, which requires a 35-foot buffer. There are also steep slopes located within that Open Space Tract as well as in the Benson Drive South right-of-way abutting the project site. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated (DNS-M) with 13 mitigation measures. No appeals were filed. The proposal complies with all the comprehensive land use community design and environmental objectives and policies that were applicable to the subject site. The net density for the site is 7.3 dwelling units per acre, which is within the allowed density range of the R-8 zone. The proposed lot areas, widths and depths comply with the minimum lot size requirements for this zone. "The setbacks will be verified at the time of building permit review. Lots 1, 8 and 9 show a 5 foot interior side yard setback along the frontage of Benson Drive S, which should be revised to show the side yard along a street setback of 15 feet for the primary structure and 20 feet for an attached garage. Lots 4, 5, 16 and 17 as well, need to be revised to show a side yard along a street set back of 15-feet and 20-feet. The proposed 26-foot wide access easement over Lots 4 and 5 and the 26-foot wide joint -use driveway easement over Lots 16 an 17 have been designed with hammerhead turnarounds over Lots 2, 3 and 20, which would provide emergency access vehicle turnaround for the proposed development. Both parcels have a slope, from east to west, the eastern parcel is approximately a 19% slope and the western parcel is approximately a 14% slope. A geotechnical report was submitted by the applicant indicating that all of the protected slopes could be graded because the slopes were created as part of a public/private utility Kristin Woods Preliminary Plat File No.: LUA-05-056, PP, ECF September 1, 2005 Page 3 construction project. A modification was requested and the City approved a portion Of it, the City is willing to allow the applicant to grade the steep slopes located within the Benson Drive South right-of-way, however, prior to grading that right-of-way the applicant must obtain the proper approvals and permits from the State. if the grading is not granted, a 15-foot setback from the top of the slope will be required. The sensitive a; eas must be delineated by a split rail fence, which will be required at the top of the slope of the Open Space Tract, and the open space must also be appropriately signed. Traffic, Park and Fire Mitigation fees were imposed by the Environmental Review Committee. A drainage report was submitted and shows the surface water of both parcels running towards the west. The eastern parcel shows the surface water runoff flows into the conveyance system for the State Route 515 right-of- way and on the western parcel the surface water runoff flows to the west into the Winsper subdivision conveyance system. The proposal is to tightline the created runoff into one detention vault, located in the 26- foot wide access easement over Lots 4 and 5, and one stornwater pond located within Tract B. Besides meeting the basic design requirements, the project must also provide detention for the 100-year storm event with an additional 30% safety factor for the detention volume, or the project may comply with the 2005 King County Surface Water analysis and design standards for both flow control and water quality. A homeowner's association or maintenance agreement shall be created for the development, which would be responsible for any shared improvements and common areas. Mike Davis, Davis Real Estate Group, 1201 Monster Road SW, Suite 320, Renton, WA 98055 stated that he is the applicant for this project. The site size, per the civil engineer, on the east is approximately 1.5 acres and the west approximately 2.3 acres. He would like a clarification on Lots 16 and 17 regarding the setbacks. It appears that because there is only two lots served off that joint access driveway that the setbacks would only be 5-feet in addition to the right-of-way tract. Miss Hall stated that the Code has been revised to include all private access easements, which includes a joint use driveway, therefore the setback requirements would be 15 feet. Mr. Davis agreed that they would comply and they could still fit a house in there. He further stated that they have no plans to grade along Benson, the only grading that they would do would be for the storm drain connection. Regarding staff recommendation #3, he stated that they do not have a problem extending the sidewalk, but they are not sure that the right-of-way exists for that sidewalk. Kayren Kittrick, Development Services Division, stated that the right-of-way does exist on the west side. The sidewalk was not constructed at the time that Winsper 11 was developed because it was steep and they didn't want to match what was going to happen on this particular parcel when it came through. They will look at the design and how it matches and how it can come down the fairly steep road to be safe for both pedestrians and stay within the existing right-of-way that was dedicated with Winsper 11. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:38 a.m. Kristin Woods Preliminary Plat File No.: LUA-05-056. PP, ECF September I, 2005 Page 4 FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: fhe applicant, Mike Davis, filed a request for a 20-lot Preliminary 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 41. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS-M). The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located in the 3200 block of Benson Drive South, which is also known as State Route 515. The subject site actually consists of two separate parcels, one on each side (east and wrest) of SR 515. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of detached single-family dwellings, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). The subject site was annexed to the City with the adoption of Ordinance 4476 enacted in October 1994. 9. The subject site is approximately 3.84 acres or 165,961 square feet. As noted, the parcel property is divided by SR 515 and the eastern portion is approximately 1.5 acres while the western portion is approximately 2.3 acres. Both parcels are somewhat trapezoidal with the eastern parcel wider along its north boundary and the western parcel wider along its south boundary. The eastern parcel is approximately 184 feet wide along the south, approximately 275 wide along the north and approximately 325 feet long (north to south). The western parcel is approximately 225 feet wide along its north, approximately 333 feet wide along its south and subject site 329 feet long (north to south). 10. The eastern parcel has protected slopes along the north property line. There are protected slopes in the SR 515 right-of-way but those are off the subject site. Those off site slopes will affect the su',ject site since there will be a required protective 15 foot setback on the subject site at the top of the slope. There is also a Category 4 stream along the northern edge of the subject site that will be protected including a 35-foot buffer. The northern slopes and stream will be protected in a Native Growth Protection Area as Tract A. There are also steep slopes on the northeastern and southeastern areas of the western parcel. l 1. The applicant has testified that they will not be regrading the slopes adjacent to SR 515 located on the eastern parcel. These slopes are under State ownership. 12. The applicant will he creating 13 lots on the western parcel arranged around a new through street that will connect to Main Avenue South on the south and South 32nd Place on the west. An easement driveway will provide access across Proposed Lots 4 and 5 to Proposed Lots 1, 2 and 3. A shared driveway will provide access to Proposed Lots 8 and 9. In order to provide appropriate pedestrian Kristin Woods Preliminary Plat File No.: LUA-05-056, PP, ECF September 1, 2005 Page 5 access, staff has recommended a sidewalk along the south margin of S 32nd with credit excha7ged for Traffic Mitigation fees. The applicant will have to provide the code required setbacks adj cent to all easement roads. 13. Seven lots would be created on the eastern parcel. Access would be provided by Cedar Avenue South (104th Street SE under King County nomenclature) and an easement across Proposed Lots 16 and 17 would provide interior access to Proposed Lots 19 and 20. 14. The density for the plat would be 7.3 dwelling units per acre after subtracting sensitive areas, the slope area and stream, and roadways. 15. The site contains a mix of deciduous and evergreen trees. The applicant would preserve approximately 20 percent of the trees and leave the steep slope vegetation and stream and buffer vegetation intact. 16. The subject site is located within the Renton School District. The project is expected to generate approximately 8 or 9 school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The development will increase traffic approximately 10 trips per unit or approximately 200 trips. Approximately ten percent of the trips, or approximately 20 additional peak hour trips will be generated in the morning and evening. 18. Stormwater from the two sections would be handled separately. There have been downstream stormwater problems and the ERC imposed additional requirements on both parcels. Water from the eastern parcel naturally drains to the west and down toward Benson (SR 5151) and some flows into the stream along the north margin of the parcel. A detention tract, Tract B, would be located in the southwest corner of the eastern tract. Staff has recommended that it be appropriately screened, fenced and landscaped. The western parcel currently sheet flows to the west and into the Winsper systems and then into Panther Creek's wetland. A vault will be used on the western parcel. 19. The two separate portions of the plat are also divided in two different utility districts. The western parcel is served by the City. The eastern parcel is served by the Soos Creek Water and Sewer District. CONCLUSIONS: Ownership alone should not have been used to process this property as a single plat. The property Should have been handled as two separate plats due to their division by a major state road (SR 515), their inclusion in two separate utility districts (City of Renton and Soos Creek) and their stormwater being divided between two drainage basins (Panther Creek and Rolling Hills). But, at this time, it probably would be unfair to the applicant to send the project back for two applications. The proposed 20-lot plat appears to serve the public use and interest. The division will create 20 lots suitable for single-family development. Utilities can be provided to the two sites by their respective utility agencies, the City and the Soos Creek District. The steep terrain's stormwater control has been accommodated by the ERC's conditions and the protection of the steepest slopes and a stream course and buffer in a protective easement area. Some trees will be protected preserving some of the natural amenities Of the subject site. The development will also respect the steep slopes along the eastern edge of SR 515, state property, by observing a building setback from the steep slopes. Kristin Woods Preliminary Plat File No.: LI iA-05-056. PP, FCF September I. 2005 Page 6 4. Development of the site will increase the tax base of the City. The payment of mitigation Ilees will help offset the impacts of the development on roads, emergency services and parks. The western portion of the subject site is relatively isolated by SR 515 on its east and pedestrian safety would be compromised if a sidewalk link to the west were not provided as part of this development. Staffs recommendation for a sidewalk completing the connection to S 32nd appears appropriate. Both portions of the development will use easements to accommodate interior parcels. Appropriate circulation appears to have been provided but as recommended by staff, certain parking restrictions will be necessary. Landscaping is noxv required in plats and additional buffering should be provided around storm drainage tracts as su2(yested by staff. In conclusion, the City Council should approve the proposed plat as conditioned below. RECOMMENDATION: The applicant shall comply with the conditions imposed by the ERC. A homeowners association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for this development. A draft of :.ne dOCUnlent(s), if necessary, shall be submitted to the City of Renton Development Services !Division for review and approval by the City Attorney and Property Services section prior to the recording of the plat. The two divisions should be separately responsible for their separate respective common areas. The applicant shall place "No Parking' signage near the emergency vehicle hammerhead turnaround serving- the development. The satisfaction of this requirement shall be subject to the Development Services Division prior to recording of the plat. The applicant shall extend sidewalks from the western end of Road A to the west along the southern portion of S 32"" Place to the intersection of S 32°d Place and Wells Avenue S. The City shall credit the applicant a portion of the traffic mitigation fee in the amount of the total cost of constructing the sidewalk linkage. The sidewalks shall be installed during the construction of the plat improvements and plans providing the sidewalk detail shall be submitted at the time of Utility Construction Permit Application. No building shall occur within 15 feet of protected slope areas. A note to this effect shall be recorded on the face of the final plat. The 15-foot building setback line from the steep slope areas shall be shown on the face of the final plat map. The Open Space Tract (Tract A) shall be established as a Native Growth Protection Area and shall be signed and fenced with a split rail or other approved fence. Plans detailing the fencing and si-nage proposed shall be submitted at the time of Utility Construction Permit for review and approval by the Development Services Division Project Manager. The fencing and signage shall be installed prior to final plat approval. A Native Growth Protection Easement shall be recorded over "Tract A. A note indicating the presence of such easement shall be placed on the face of the final plat. The stormvater detention tract (Tract B) shall be fenced, landscaped, and irrigated (unless drought tolerant plants are used). A 6-foot chain link fence with black vinyl covering shall be installed around Kristin Woods Preliminary Plat File No.: LUA-0S-056, PP, ECF September 1, 2005 Page 7 the perimeter of Tract B. "Tract B shall be landscaped with plant materials that will provide a year-round dense screen within three (3) years from the time of planting. The applicant is to submit a landscape plan for the review and approval of the Development Services Project Manager prior to recording of the Plat. ORDERED THIS 1"day of September 2005. FRED J. KAO&MAN HEARING EXAMINER TRANSMITTED THIS 1" day of September 2005 to the parties of record: Jill Hall 1055 S Grady Way Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Mike Davis Davis Real Estate Group 1201 Monster Road SW, Ste. 320 Renton, WA 98055 TRANSMITTED THIS 1" day of September 2005 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Richard and Rose Eastey 9275 42" `' Avenue S Seattle, WA 98118 Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 1000of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., September 15, 2005. 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 1 10, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City }-fall. An appeal must be filed in writing on or before 5:00 p.m., September 15, 2005. Kristin Woods Preliminary Plat File No.: LUA-05-056, PP, FCF September 1, 2005 Page 8 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processinp, of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not coIY:municate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. 'phis public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. G4 - 20 T23N R5E W 1/2 - - (ZM-F R \ _8 St - 8 R-8 R-8 R-$: RM-F y RM-F- - Sr- 25th SC f`'3 -e- R-8 ' - R-8 S 27th � St. o 8. SE 166th 'S 31 st S°:32ndTPI ' w 32nd- PILo R t S 32 d+ sttu' o N R -8 - t o R-8 t '� -—S 34th St. cc - _ o - - ---;-- - - - R-B- - ... _- - -.. t IMP SE 172nd St. - --- - - R-e SE 172nd _ R-10 R - 8SE 173rdSi - - - - -- - R l 10- R-g - --- zv'- T R-10 L KRISTEN WOODS gy ZONING NEIGHBORHOOD PLAN H4 � + U" 29 T23N ME W 1/2 5329 N.W. 1 /4, S.W. 1 /4, SECTION 29, TWP, 23 N., RGE. 5 E., W.M. V IA tyr •r. •M r �. w war •'i� — — —_ _ -- � \471. ' :JIV Mil 11 tuu:r•x \ 1 aaln •, + t• as ,rl •al[r \ [•Y•L N" [•t,r.w ra) [•tnY NYrI) VICTORIA PARK NO. 3 \ ` [. l IM \ VOL. 85, PG. 43--44 " \ l t•a'r1" 1 to 17 1e ' \ 19 , `\ •� \ 1...... _ _ _ \ \'� 0 21 a,cciYln -111_2NO PL tt fWIJv rnigc ZI' I I \ I Ill � I VICTORIA HILLS rr•tr.i VOL. 113, PG. 79-83 a•ro In:) [•r[Y N•1[I � 9 g \ atra .rTe 3 \ 2 I 1 ru r rtmw .+r\ /� 1 , 1 1 • 1 +now[ ucAs r twr a►.0 1 , 1¢�ra r Ir ui�n tM I I � 4 low IIr�N YOI 3v` 30' I IYCAgI I <•YI q I r 1 Marw t i,•Yll.rr l.Y[r Inn Darr •nrt + UIM t Yr )r I+rl r[t I c-w.n ITpt r,.rlw. t[ra Y, 1, � [•r.lu ns yc�r t( I [ •Ya Y ITW WI !•a.a <•.W •r ,Yitl a Ycw Inn irlr• rp ,r.r.at •ir Yir [wrw rnl t7 ,. \\ \, 1 `J• I� \ ` ;r+} I I r t assrr ns 2 124' r r \ ✓ y , Ij \ \ i w. r c•o w.0 r <•ss, r r•I-1 TRACT D ura um, -25 !•tyx Ir(sc; i II1IjrC ura ua. n[ is WINSPER DIV. 11 !•Yay r'ii 1 amr In••; LOT • i 30 � I ' t / RENTON L.I.A. I VOL. 148, PG. 34-56 < 1 CITY Of' LLA rnarrn I I Z t-rIV• tc•[• •wqi •� r•w.r [•arr Ira) r ' I 13 ` i [•1Y Y its 1 1 2623 I , [•tun r;i) , [I!CALL 48 HOURSWINSPER 11 EFORE YOIG VOL. 184, PG, 77-80. -800-424_5555 e 1,A�ytj1A14� y .+� . •t r• aV�•11�y�•7'r • r CJ6 I(!tA Oa-070 a el Z N.W. 1/4, S.W. 1/4, SECTION 29, TWP. 23 N., RGE. 5 E, W.M. LAND USE ACTION NO. LUA-05-05F pP �r� 30, - - 30,I VICTORIA HILL 83 3, VPG. 79.. 1 VICTORIA PARK 3 \ / VOL 11I I I I VEIL, B5, PG. 43-4-44 9`� l6 17 1B 19 \ 1 ,� -va-5 - - r--?+c- =� r •vim- =� S5 \ _ - - - - - - -., i „� - 20' I uw~ aNrn 1 1 --?ftACT. 21 r,ra+,-x 2�0 1b.wu 20 L_ ! ' ,•,�rmt-I-I-+[+ti.J %y,. `Yw P 9 � ,, r ' < I Q -_ 0 TRACT 1* - F-- Luca [--Law— �war� crJ L g 1 t I• J( I 21 Ya \ w :Dort I 20. 1 1 _y___.__. _ 24''� 24' 1 17 25' 2S' � I I TRACT 7 L 20 I I r4 I � 11: WIIJCPT DIV. II 1 ' \ --s��VOL. 148, PG. 54-56 t I \ CITuV100-= IaALA 30 1 I1 \ 1 1 Vj1WC ER JI \\ \ �— I f VOL. 184,�PG. I7-Bt� -- ^- 1'� \ ,rr Y I YwL Mp � r� r.w.� Jr.•wrr �' rag r,eawa.a..,ra,rrr �rwaw ,� ara Y wa�,.yw rArrM1/Yw.ew r rww a.r agar weraw Ary, rraw w'r" aw rraaa,r• ,aYw aaaaa, t� x E al wJr r M1 rr,n ar aI,Y . a[, rr a ayw aa,w •,. a r a.aua s w w rare Jw a w e a r KK Ur Wlxvr w✓r Karaapf a+rOrK •� rl.Yib.ICY.I Y.[�IMI.x4w�[ aarrc a,aarr amr wr rry oaweo r a oun a.oaw can Yr, , rurr rr a a► <�rY�'.yRI��kLyCW�a0. 1�m�M1o�r�MM YD VOQ LL Iwr Y �J ,W i x cJr M 1rt r �( R� .4rOr rr.p Q , Ilr,pa F M,- r rr a w,m asrr m e.w r da•ww►a no rao a a.la rar r arws = --Q%w w raFra. aanro . bn I rrrr agr.r , .oa Q mum" man� as �arnu� arw. Yurw, a..v .oar a>ww¢ wrra n w. rrr. wawa r rwaYr ualw[ Ys aror Y w. [[ arw 4 rnawrr raawrr mra . wew w s acr , r O a a . en r am aa�. mre, .are . M w rroer = YrA. gar w r arlr afOw. raw.O w FA a rlwralyy [ uwrA.�al[ on s Ong aJtr oarFw rnaes wrn, w w woJ;r 0.p a.nar. OII r vs ,ea.YO a Re . walwwr r .maanrrw Y;GYO a,awr alp 1a1. ars I Yw. Y FA � ,IwF1e, (yror aF r rm wM'L'w' . v' awr on rYwa'11 eara — r a ,9[a IYw r wa a Ywrarrtw r[rr,a rr !Iw Yw e._�. rlw.., wmar A r . r,,.R R i a earrt.woerr ars • CrrLJa,a a�W w. wurr 4aY1 am% $am waam, r+as ssr, aY maw Yawl raft m war aw ra—raQq Nf I aewl ww r a aL M N IrO. ` I C wr"aa wr,w a FArraw ra�lawwr�a � F.rraw a+rrara rK..r > Fw r arwa a as w w n.aa 0 Fu r aerw,u a a, w ay � ew, w Y uw w +roux w+awo as aor r rags r aaew an nw,v a..aa. w aJw.aa ff rest a. rM arlw FAaO IetaD a x w w .w..O WwM A x .m+er4 r aw .oewa I w. Irr uur r >a w ar aw vuo ■ rw gnaw . rsa arar x..n ao /are'[ � 01Y�r � r.a+r er. a..ea.r. Uum ww Jaw aim as. W Ian Or bf rrsam rruwm.oa wrrrFu aer oc awJr1 rW, YrFwm-ya wwa--aamaaw Ct ere wwo w I OIr Fro aa.OS w.u„ry, ra'Q r� aaW a—,M F—/1 r .vn mr%MFYtlamw% wF1a•ry �+ ry - We as am rla w m anger p,aa,r j� w KAA 10' IOA/p./py 4-070 I i CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA05-056, PP, ECF PROJECT NAME: Kristen Woods Preliminary Plat APPLICANT: John Tamburelli, Davis Real Estate Group LOCATION OF PROPOSAL: 3200 Block of Benson Drive S DESCRIPTION OF PROPOSAL: The applicant is requesting Preliminary Plat Approval and Environmental (SEPA) Review for the subdivision of a 165,961 square foot site. The subject site is zoned Residential-8 Dwelling Units per Acre (R-8) and the proposal is to subdivide it into 20 lots, a drainage tract (Tract B), and an open space tract (Tract A). Proposed lot areas range from 4,500 square feet to 8,365 square feet in area. Benson Drive South (State Route 515) bisects the project site from north to south. LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. The site work and construction of the proposed plat and the future construction of the single-family residences shall comply with the recommendations contained within the geotechnical report prepared by Cornerstone Geotechnical, Inc. dated December 29, 2004 with an addendum dated March 18, 2005. 2. A 15-foot building setback is required from the top of the steep slope located on the northeastern portion of the eastern half of the subject site. If the applicant does not obtain the appropriate permits from-WSDOT or elects not to grade within the Benson Drive S right-of-way, the recommended 15-foot setback applies to the proposed lots abutting the steep slopes within the Benson Drive S right-of-way. 3. The project shall be required to comply with the Department of Ecology's (DOE) Manual for erosion control meas 4. The applicant shall be required to perform all earthwork activities in the drier summer months (April -October) unless otherwise approved by the City's Development Services Division. 5. The applicant shall install a silt fence along the down slope perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is initiated and shall be constructed in conformance with the specifications presented in the 1998 King County Surface Water Design Manual. This condition shall be required during the construction of both off -site and on -site improvements as well as building construction. 6. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on -site and off -site improvements as well as building construction. 7. The project engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. 8. Certification of the installation, maintenance, and proper removal of the erosion control facilities shall be required prior to recording of the plat. 9. Besides meeting the basic design requirements, the project must also provide detention for the 100-year storm event with an additional 30% safety factor for the detention volume. Or, as an alternative, the project may apply the 1998 King County Surface Water analysis and design standards, for both flow control (Level 2 flow control) and water quality. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 for each new single-family residence prior to the recording of the final plat. 11. The applicant shall construct the stormwater detention vault and overlaying roadway to support the weight of a 3-axle, 80,000-pound Fire Apparatus. 12. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributes' the project prior to the recording of the final plat. 13. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. nd at 4th Avenue. WHEREAS, Grantors are the No thfofa SR51510legally descry bed southeast, South of Mill Avenue South an follows: �p carter of40422'1 carter of the N&IL.1 q .The East half of the North q �'tForth 6 ►ge RECFEE 2•QU the Southwest quarter County,lWashington shi *�.*lo•0O 5 East, W.M., in King CASH5L Less State Route 515. the District requires t easl��atio for sanitary specfically sewer tvitEREAS, line(s) across Grantor's property described hereinbelow; H3 - 30 T23N RSE E 1/Z U . ..... �e4 70 CAD C)vo cz Ul. . ....... co co M 'CD m ve co, .4 O 6D pp co ilk'M z m ve, 105th 0 Ave, SE 4 mom 0 0 a 0 106th Ave. SE co Oq........... w co z co 108th Ave. SE F-- PT i. —CQ 109th Ave, SE t lco Cal a. cn I 410, a aSX NEZI 6Z - f'H CITY OI` RIA ION COUNCIL IL AGI;NDA BILL Submitting Uata: Planning%Brtilding!Puhlic Works Dept. For Aocnda of: Sept. 26, 200.5 Dept/Div/Board.. Transportation SvstCms Division Staff Contact.._.. Sharon Griffin, cxt. 7232 Agenda Status: Consent .............. X Suhject: Public I fearing...... Maple Vallcy I ligh`, ay (SR 169) Fuct Tax Grant Correspondence..... Distribution Agreement with the Transportation Improvement Ordinance........... Board ('1111) Resolution........... X Old Business........ New Business....... F,xhihits: Issue Paper Study Sessions...... fuel 'fax (irant Distrihution Letter/Agreement/Attachment Resolution Information......... TIB FY 2006 Program Project Funding Status Agreement Other ................ 2006-201 1 Six -Year HP Project Sheet Vicinity Nlap Recommended Action: Approvals: Council Concur Legal Dept.......... X Finance Dept...... X Fiscal Irnpact: --�--- 317.12175.016.5950.0000.67.000000 - Expenditure Required.. $3,690,000 (Ph. 2) Transfer/Amendment....... Amount Budgeted....... $3,835,400 (Ph. 2, 2006/07) Revenue Generated......... $2,208,000 'Dotal Project Budget �$8,350,791 (2006-2011 TIP) City Share Total Project.. $1,472,000 SUMINIARV OF ACTION: The City of Renton applied for and was awarded $2,208,000 from the Transportation Improvement Board (,rm) Transportation Partnership Program (TPP). This grant is to complete right of -way and construction for roadway and pedestrian improvements on SR 169, Phase 2. The City must enter into an agreement with the TIB to receive the grant funding. The first part of the TIB agreement process certifying the City's funds was signed by the Mayor on July 21, 2005 (see attached 1~Y 2006 Program Project Funding Status"). The second part of the process, the "Duel Tax Grant Distribution Agreement" outlines the terms of the agreement between the TIB and the City. The attached issue paper provides more background information about the project. STAFF RECONIMEN1)ATI0N: Authorize the Mayor and City Clerk to enter into agreement between the City of'Rcnton and the Transportation Improvement Board (TIB) for obligation of grant funding and all subsequent grant agreements necessary to accomplish this project. It is lUrther recommended that the resolution regarding this matter be presented for reading and adoption. I I rralrvl anninr',�,riYtirt',�13 `00�, NH 161) 11tt y' _'(h,A1 Q-t» t I A /� 1 O� PLANNING/BUILDING/ � 4 ♦ PUBLIC WORKS DEPARTMENT � 1v& M E M O R A N D U M DATE: September 26, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: ,JL— ,,,)Kathy Keolker-Wheel ayor FROM: Gregg Zimmermaministrator STAFF CONTACT: Sharon Griffin, Transportation Program Development Coordinator, (extension 7232) SUBJECT: Maple Valley Highway (SR 169) Fuel Tax Grant Distribution Agreement with the Transportation Improvement Board (TIB) ISSUE: Should the City enter into an agreement with the Transportation Improvement Board (TIB) to accept $2,208,000 in right-of-way and construction grant funding for the Maple Valley Highway (SR 169) project? RECOMMENDATION: Authorize the Mayor and City Clerk to enter into an agreement between the City of Renton and the Transportation Improvement Board (TIB) for obligation of grant funding and all subsequent grant agreements necessary to accomplish this project. It is further recommended that the resolution regarding this matter be presented for reading and adoption. BACKGROUND: This project grant submittal was the highest ranked project in TIB's FY 2006 Transportation Partnership Program (TPP) Priority Array with 83 points out of 100. In 2004, the Transportation Division submitted the grant application to the TIB for right- of-way and construction funding for Phase 2 of the Maple Valley Highway (SR 169) project. Narrowing the scope of the funding request, increasing the funding partners mix, and refining other grant elements contributed to this submittal's high score. h:\division.s\transpor.tat\planning\sharon\issue papers\ip sr 169 tib $2.208m 9-05 fta.doc Terri Briere, Council President Members of Renton City Council September 26, 2005 Page 2 Re: Maple Valley Highway (SR 169) Fuel Tax Grant Distribution Agreement with the Transportation Improvement Board (TIB) This project is now fully funded with a mix of funds: City, TIB, federal (including newly awarded funds of $765,993), Washington State Department of Transportation (WSDOT), and private mitigation. Previous agreements and resolutions reflect this funding. The 2006-2011 Transportation Improvement Program (TIP) reflects the required project funding and additional revenue (see attached project sheet). Phase 1 is under construction. Phase 2 will go to construction in 2006. Phase 3 will go to construction in 2007. cc: Sandra Meyer, Transportation Systems Director Nick Afzali, Transportation Planning and Programming Manager Sharon Griffin, Transportation Project Development Coordinator Rob Lochmiller, Transportation Project Manager Nenita Ching, P/B/PW Administrative Analyst Nancy Violante, FISAS Grant Accountant Project File h:\division.s\transpor.tat\planning\sharon\issue papers\ip sr 169 tib $2.208m 9-05 fta.doc TIB Members Commissioner Leo Bowman Chair, Benton County .uncilmember Jeanne Burbidge ✓ice Chair, City of Federal Way Mr. John Akers, P.E. City of Ellensburg Mr. George Cress Port of Longview Ms. Kathleen Davis "DOT Councilmember William Ganley City of Battle Ground Councilmember Calvin Goings Pierce County Ms. Paula Hammond, P.E. WSDOT Councilmember Neil McClure City of Yakima Mr. Dick McKinley City of Bellingham Mr. Dave Nelson Grant County Mr. Dave O'Connell Mason County Mr. Greg Panch Millman County Ms. Robin Rettew Dtlice of Financial Management Mr. David Stahleim Cdy of Wenatchee Ms. Heidi Stamm HS Public Affairs Mr. Steve Thomsen Snohomish County Mr. Arnold Tomao Bicycle Alliance of Washington Mr. Jay Weber mfy Road Administration Board Ms. Kim Zentz Spokane Transit Authority Mr. Stevan Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504-0901 Phone:360-566-1140 Fax: 360-586-1165 www.6b.wa.gov Washington State Transportation Improvement Board Transmittal Letter August 1, 2005 Mr. Greg Zimmerman, P. E. Public Works Administrator City of Renton 1055 South Grady Way Renton, WA 98055-3232 Transportation Improvement Program TIB Project Number 9-P-102(012)-1 Maple Valley Hwy (SR 169) Sunset Blvd N to Blaine Dr SE Design Phase Approval RECEIVED AUG 0 5 2005 CITY OF RENTON PUBLIC WORKS ADMIN This is to confirm that the TIB has authorized the design phase of this project effective August 1, 2005. Please sign the enclosed Fuel Tax Grant Distribution Agreement and return the original to the TIB. Design phase payments will be processed after an executed Fuel Tax Grant Distribution Agreement is received by the TIB. You may request reimbursement from TIB beginning August 1, 2005. Future Requirements 1. Upon completion of the design phase, please send a construction prospectus, a half-size set of plans, specifications and the final engineer's estimate to your TIB project engineer to request construction phase approval. This approval may be authorized by the TIB Executive Director if the project meets the following criteria: a. There is no change in the approved project scope. b. The total TIB funds anticipated for the project have increased no more than 15% or $750,000 above the amount at project selection. All other projects must be approved by the Board 2. Submit a TIB Reimbursement Form to request payment for eligible project costs. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. Reimbursements are processed electronically at www.tib.wa.gov/services/reimbursements/reimbursements.htm. For assistance with your project, contact Greg Armstrong, TIB Project Engineer, at (360) 586-1142 or via e-mail at GregA@TIB.wa.gov. Investing in your local community �} Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: City of Renton PROJECT NUMBER: 9-P-102(012)-1 PROJECT TITLE: Maple Valley Hwy (SR 169) PROJECT TERMINI: Sunset Blvd N to Blaine Dr SE 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project speck information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supersedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TIB Forth 190-500 Page 1 of 3 Rev. 2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1) was not at fault, or (2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. TO Form 190-500 Page 2 of 3 Rev. 2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TO FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General In Signature on file Robert J. Fallis Assistant Attorney General Lead Agency Signature of Chairman/Mayor Date Print Name Transportation Improvement Board �13�US Execuf yeeto r Date Print Name TIB Form 190-500 Page 3 of 3 Rev. 2/14/2003 Attachment 1 Urban Programs Project Description and List of Documents to be Attached to this Agreement for each Phase of the Project Project Information Lead Agency: City of Renton Project Number: 9-P-102(012)-1 Project Title: Maple Valley Hwy (SR 169) Project Termini: Sunset Blvd N to Blaine Dr SE TO funds for the project are as follows: Phase TIB Funds Design 240,000 Construction (requires future approval) 1,968,000 Total Grant 2,208,000 Documents Required at Design Phase O VE Study is required (recommended at 30% design) Documents Required at Construction Phase O Construction Prospectus and Certification Form (completed and signed) O Plans and Specifications package O Final engineer's estimate Documents Required at Bid Award Phase O Bid Award Updated Cost Estimate Form O Bid Tabulations O Cost Change Justification Documents Required at Contract Completion Phase O Contract Completion Updated Cost Estimate Form O Final Summary Quantities and Ledger O Cost Change Justification Amendments to Agreement (if any) TO Form 190-600 Rev. 2/14/2003 and CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A INTERLOCAL COOPERATIVE AGREEMENT WITH THE TRANSPORTATION IMPROVEMENT BOARD (TIB) FOR THE COSTS ASSOCIATED WITH CONSTRUCTION OF THE MAPLE VALLEY HIGHWAY (SR 169) IMPROVEMENTS — SUNSET BLVD. N. TO BLAINE DR. SE. WHEREAS, the City of Renton is planning to undertake certain roadway improvements; WHEREAS, the Transportation Improvement Board has indicated that it will provide certain financial assistance for the right-of-way and construction funding, and WHEREAS, it is necessary to document the terms and conditions under which the Transportation Improvement Board will provide funds to the City of Renton; and WHEREAS, the City has received a proposed agreement entitled "Fuel Tax Grant Distribution Agreement" for schedule and funding commitment for the project improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION II. The Mayor or her designee and the City Clerk are hereby authorized to enter into an interlocal cooperative agreement with the Transportation Improvement Board for grant funding for right-of-way acquisition and construction of Maple Valley Highway (SR 169) improvements from Sunset Blvd. N. to Blaine Dr. SE, and any and all other or further agreements necessary to accomplish this project. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Approved as to form: Lawrence J. Warren, City Attorney RES. 1132:8/17/05:ma Kathy Keolker-Wheeler, Mayor 2 Tranportation Improvement Board FY 1006 Program Project Funding Status Agency I4ENTON TIB Project Number 9-P-1 dt(01 2)-1 Project Name I)iaple Valley Hwy (SR 169) Sunset Blvd N to Blaine Dr SE Update the project schedule and funding source Information. Both agency officials must sign the form before returning , it to the TIB office. The project must be Included on your adoptetl Six Year Transportation Program (TIP) before TIB authorizes Design Phase. Include the page from the adopted TIP that includes the project. Contact your project engineer to request an early project start. please mail the completed form and TIP excerpt to the: Transportation Improvement Board Post Office Box 40901 ❖ Olympia, WA 98504-0901 PROJECT SCHEDULE Update the pr%ct schedule targets or Indicate NO CHANGE In the table below Construction Approval Date Aug 2004 March 2006 Contract Bid Award May 2005 April 2006 Contract Completion )an 2006 Sept. 2006 PROJECT FUNDING PARTNERS Update the fundinv partners and corrasnnntilnn amnnnte nr rn'rin-,- e,n rue Allnc RENTON 184,000 128,007 WSDOT 450,000 450,000 Federal Funds 470,000 7,65,993 Private Mitigation Funds 368,000 12840o TOTAL LOCAL FUNDS $1,472,000 $1,472,000 By signing below, you certify that all funds shown In the Project Funding Partners table are committed for the project. Mayor or Public Works Director �. k�t•��. 7 a/ -poor � � , Q U .; Signature & ate Kathy Keolker-Wheeler Mayor . ...... Printed or Typed Name Title Finan�al Officer Book WahMC tyCkrik elk gnature & Mirhagl Wilson Printed or Typed Name F Title Information Services Administrator TIB Funding Stotus Report.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 200E - 2011 SIX -YEAR TIP SR 169 HOV - 140th Way SE to SR-900 Functional Classification: Principal Fund: 317 Proj. Length: N/A Proj: 12175 RANK: 45 CONTACT: Rob Lochmiller 425.430,7303 DESCRIPTION: Construct queue jumps and bypass lanes that provide transit priority traffic signal improvements on SR-169 (Maple Valley Highway) at 140th Way SE and in the area 1-405. Involves roadway widening at intersection approaches and modifications to channelization and traffic signals. Also includes widening to improve the north -bound on ramp and south -bound off ramp movement at the 1-405/SR 169 interchange. Improve access to Cedar River Park and Stoneway site through traffic modifications. JUSTIFICATION: This is a high volume, high congestion corridor where providing travel time benefits for transit and car/van pools can be achieved with high cost effectiveness. Also there are severe congestion and safety problems that can be addressed by adding a right turn lane west -bound on SR-169 and a protected right turn lane from the 1-405 northbound off ramp on to east -bound SR-169. STATUS: WSDOT committed $300,000 to design and $450,000 to construction. King County committed approximately $275,000 to this project by constructing a holding pond at 140th Way SE for our use. Design is complete for total buildout. Received TEA-21 Countywide grant of $392,947 for construction. Council allocated $1.2 million from the King County Metro mitigation fund ('included in proposed fund balance). CHANGES: All phases for this project are now funded. Awarded $2,208,000 from the Transportation Improvement Board (TIB) for Phase 2 right-of-way and construction. Received $765,993 TEA-21 Countywide funds for Phase 2 construction. State legislature funded $2.51M in gas tax revenue for 2007-2009 biennium. Funded : 18,350,791 lUnfunded Project Totals Pro rammed Pre-2006 Six -Year Program ITEM Programmed Sent Pre-2005 2005 Total 2006 2007 2008 2009 2010 2011 EXPENSES: Promect Development Precon En /Admin 1,046 291 896,231 50,060 100,000 100 000 R-O-W includes Admin 500,000 500,000 500,000 Construction Contract Fee 6,024,500 1 273 935,027 51088,200 1,038,200 1,800,000 2,250,000 Construction En /Admin 780,000 87 132,713 647,200 117,200 280,000 250,000 Other TOTAL EXPENSES 8,360,791 897,591 1,117,800 6,335,400 1,755,400 2,080,000 2,500,000 SOURCE OF FUNDS: Vehicle Fuel Tax Business License Fee 197,251 197,251 197,251 Proposed Fund Balance ' 1,200,000 178,991 724,853 296,156 296156 Grants In -Hand TIB/TEA-21 31366940 392,947 2,973,993 11655,400 11318,593 Mitigation In -Hand 786 600 418,600 368,000 100,000 268,000 Bonds/L.I.D.'s Formed Other SDOT & State Le 2,800,000 300,000 2,500,000 2 500 000 Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined . TOTAL SOURC_E_Sl 8,350,7911 897,5911 1,117,8001 6,335,400 1 755 4 001 2,080,000 2,500,000 meG Hov - oero3rmos e:zz ua 5 - 45 FINAL z �L a; > Q W l (3 cf. c� ►ri z z z z S a� > Q Q Q N 5th St. CD Cl- N 4th St. 0 o� o„ N 3rd z z z z z St > Q Q Q Q Q 2 n�o -a � o Brooksa_ O O L N 2nd St S 2nd St S goy °Set WE- cn cn a) > > Q Maple Valley Highway (SR-169) Sunset Blvd N to Blaine Dr SE w Q cn -D 0 F I. 2nd PI eorrespondel) cc 9-a6-aaoS From: "K & M Wallcovering" <kmwallcovering@comcast.net> To: "Dennis Law" <dlaw@ci.renton.wa.us>, "Don Persson" <dpersson@ci.renton.wa.us> Date: 9/19/2005 8:29 PM Subject: Coulon Park Issues Dear Councilmen: We want to thank you again for meeting with us on August 22nd to discuss the issues at Gene Coulon Park and some of the other issues here in our city. We appreciate you both taking the time to meet with us, but we were under the impression that one or both of you would be bringing up some of our concerns at a council meeting? I see that there have only been two meetings since we met last month. Both of those meetings, the mayor seems to have plenty of issues that she wants discussed, but what about the concerns about PUBLIC SAFETY CITY ORDINANCES eing brokerL-LAWSUITS (because the city ordinances are not being enforced), THE MONEY THAT THE CITY HAS LOST IN REVENUE BECAUSE OF THE BROKEN PAYBOX, THE REFUNDS OR FREE PARKING PERMITS FOR 2006, DUE TO THE BROKEN PAYBOX????? Could someone please tell us ..... how do we get our message to the mayor, the rest of the city council, and the residents of the city of Renton? We expected to see something mentioned at a council meeting regarding the email that we sent to all council members, and the mayor. Absolutely NOTHING! I suppose the next step would be to prepare a five minute speech & attend the next council meeting, only to have the timer sound at the end of the "5 minute -limit" and the mayor to cut us off before we could finish. (In typical Tanner -style regiem). But, we thought that you were both concerned about these issues to speak to the council as a whole, on behalf of your concerned citizens? Yes, we are a bit disappointed that politics play such a big part of our lives. Yes, we are upset that none of the issues that are important to us, don't seem to be important to anyone else. Yes, we are upset that we feel that our time, as well as yours was wasted breath, and we feel that our words fell on deaf ears, once again. Regards, Maureen and Kelly Goodwin 1102 N 30th Street Renton, WA 98056 kmwallcoverincg comcast.net From: "K & M Wallcovering" <kmwallcovering@comcast.net> To: "Don Persson" <dpersson@ci.renton.wa.us>, "Denis Law" <DLaw@ci.renton.wa.us> Date: Tue, Sep 20, 2005 7:18 AM Subject: Re: Coulon Park Issues Dennis, Thank you for your immediate response to our email. We try to follow the council meetings closely, but as you know, there are times that schedules conflict, then we have to wait for the repeat of the council meeting or look at the meeting minutes afterwards. Kelly & I have discussed having our email read to the council at an upcoming meeting. We would appreciate it if you would read the letter. We feel that it would then be recorded into public record, and anyone who watches the meetings would be made aware of these issues. Neither of us are too big on speaking in public, let alone the cable tv broadcast. Yet, we both feel very strongly that everyone needs to be aware, maybe even encourage more people to become more proactive in doing their part to help. Our hope is that there are many folks, both residents and non residents who are concerned about these same issues, they just don't know where or how to voice their opinions. Thank you again for your attention in these matters Sincerely, Maureen and Kelly Goodwin ----- Original Message ---- From: "Denis Law" <DLaw@ci.renton.wa.us> To: "Don Persson" <Dpersson@ci.renton.wa.us>; <kmwallcovering@comcast.net> Sent: Monday, September 19, 2005 9:07 PM Subject: Re: Coulon Park Issues Maureen and Kelly, I have had discussions with the administration concerning overall crime in Kennydale and Coulon Park, and specifically how I feel the city mishandled the pay box issue. I'm compiling data on the increased calls for police services and the fact that we have not added more patrol positions for several years. All of these issues will be discussed in the near future as we begin budget deliberations. In terms of voicing your concerns and frustrations on how the city has addressed crime in Coulon and the pay box issue, you can do one of two things if you would like to have full -council discussion and/or to inform the public about these issues: You can request that your letter be read as part of our record (Don or I can make that request if this is your desire) or come to a council meeting and talk about your concerns. We will make sure that you have more than the allotted five minutes to express your feelings. You won't be cut-off. That I can promise. I hope you don't think we are ignoring the issues. It's one of my highest priorities and I get the sense that the mayor is anticipating our desire for more cops since I've heard she may be proposing adding some positions. More cops, however, will not be enough. We also need a better plan on how these resources will be deployed. Please let us know if you want us to have your email read on the record. Thanks. Denis Law Tn �brrna> opal n�R `SY 6rdafcd �o�COMMUNITY SERVICES DEPARTMENT d rrespon4cxco) ♦♦ -/' M E M O R A N D U M DATE: August 15, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor FROM: Dennis Culp, Community Services Administrator STAFF CONTACT: Sylvia Allen, Recreation Director SUBJECT: Pay Box at Gene Coulon Memorial Beach Park Boat Launch On June 6, 2005, the pay box at the Gene Coulon Memorial Beach Park boat launch was vandalized and the money inside ($1,039) was stolen. Renton Police were notified but to date no suspects have been apprehended. The vandalism left the pay box beyond repair. The model of pay box that was vandalized is no longer in production so a decision was made to upgrade to a newer version. The primary difference was that the old box used a dial -up modem to process credit card transactions while the newer models use a DSL line. Prior to purchasing the new box, we were advised to determine if a DSL line would be successful at that location. Installation and testing of the new DSL Line by Qwest took approximately three weeks to complete. The new box was ordered from the manufacturer immediately upon successful testing of the DSL line. Delivery of the new box from the manufacturer took much longer than expected. Latest word is that it was shipped on August 12, 2005 and is expected to be installed and operational by the week of August 22,12005. Cost of the new pay box is approximately $16,369.00 plus tax and installation. Management reviewed several suggestions for how parking fees could be taken but all were rejected because of lack of security for the young staff taking and storing the money in the boat launch area. These included: renting a safe, renting/leasing a temporary pay box, and asking patrons to voluntarily send in their payment. As a result, no daily parking fees have been paid since June 6, 2005. We are currently pursuing reimbursement for lost revenue and the cost of the pay box from our insurance carrier. This situation has resulted in the annual pass holders paying for a service that others received for free. Therefore, as a good -will gesture, the Recreation Division sent a letter to each pass -holder offering to refund their money or give them a free pass in 2006. Cc: Jay Covington, Chief Administrative Officer Dennis Culp, Community Services Administrator Sylvia Allen, Recreation Director i:\2005 files\2005-104mb (info memo to council-paybox).doc From: "JULIE Gonzalez" <jlnormand72@msn.com> To: <kwheeler@ci.renton.wa.us>, <ganderson@ci.renton.wa.us>, <council@ci.renton.wa.us> Date: 9/22/2005 8:36:50 PM Subject: Citizens concerned for public safety and economic development. To All: My husband and I have been residents of the city of Renton since February of 2004. 1 am becoming increasingly concerned with my safety and the safety of others in the downtown area. We like to frequent the local businesses in an effort to support economic development in the city. While it seems great efforts are being made to revive the downtown economy I am concerned about the lack of police presence in the Piazza and transit area. This summer on several occasions I have witnessed fights and undesirable behavior on Burnett street. On three occasions while at the Met Coffee and Wine Bar, 911 has been called to break up fights among youths in the streets waiting for the bus. The worst incident was this past Saturday evening, September 17 when one of the Met's employees called 911 because she saw an assault in progress on the street. Before the police were able to respond we heard shots fired in the street. It took at least 10 minutes for police to respond. I understand they are busy with other calls and spread thin. When there are innocent pedestrians on the sidewalks and shots are ringing out I would hope there would be a much quicker response. More importantly, when I see this behavior in the Piazza and zero police presence I am left to wonder why my tax dollars are being spent for traffic cops to patrol Renton Hill during the middle of the day. I understand the need for traffic enforcement and that traffic is a separate division from the officers that would respond to an assault, domestic, etc. Why are my tax dollars being spent to pull my neighbors over for rolling thorough a stop sign, when the money would be better spent for increased patrols in the downtown area on Thursday, Friday, and Saturday nights? I am very hopeful that there will be more attention to this matter. I would like nothing more for the efforts in downtown to succeed and everyone's property value to rise. I look forward to hearing back on what the Mayors Office, Police Department, and City Council plan to help citizen's feel safer while frequenting downtown businesses at night. If you would like more information please feel free to call me on my cell phone at 253-569-5921. Or better yet come see for yourself one weekend evening and talk to some of the business owners. Sincerely, Julie Gonzalez 1811 SE 8th Pl. Renton, WA 98055 CC: <jlnormand72@msn.com>, "Albert Gonzalez" <agonzalez@wpx.com> From: Julia Medzegian To: Bonnie Walton Date: 9/26/2005 1:44:34 PM Subject: Fwd: Citizens concerned for public safety and economic development. (From Citizens to Council Email CC: Jay Covington From: Don Persson To: jedzegian@ci.renton.wa.us Date: 9/23/2005 7:57:00 AM Subject: Fwd: Citizens concerned for public safety and economic development. (From Citizens to Council Email Mailbox) Julia, will you print this out for us, and ask Bonnie to have it as an item of correspondence on Monday night. Thank you hope you are enjoying your days off From: Denis Law To: jlnormand72@msn.com Date: 9/22/2005 9:04:52 PM Subject: Re: Citizens concerned for public safety and economic development. Dear Julie, We have received several complaints recently regarding crime activity in the vicinity of the Transit Center. I'm chair of the Public Safety Committee and we will be investigating these complaints and reviewing this information with police officials in an upcoming committee meeting. We'll make sure you are notified when this meeting is scheduled so that you can attend if you are available. If not, I'll be sure to get back to you regarding what we have found and what action, if any, is being taken to deal with the concerns. Thanks for letting us know about your concerns. Denis Law CC: COUNCIL From: Citizens to Council Via Clerk To: Antonette Nelson; Daniel Clawson; Denis Law; Don Persson; Marcie Palmer; Randy Corman; Terri Briere Date: 9/22/2005 8:36:50 PM Subject: Fwd: Citizens concerned for public safety and economic development. (From Citizens to Council Email Mailbox) The attached message has been automatically forwarded from the Citizens to Council email address. If the message is from a citizen, it will be acknowledged and processed for Council by the City Clerk per the correspondence policy and procedure. CC: Julia Medzegian From: Citizens to Council Via Clerk To: JULIE Gonzalez Date: Tue, Sep 27, 2005 9:42 AM Subject: Re: Citizens concerned for public safety and economic development. Dear Ms. Gonzalez: At the regular Council meeting of 9/26/05, the Renton City Council referred your e-mail to the Public Safety Committee for further consideration. You will be notified when the Committee will meet on this subject. If I can provide further information or assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk 425-430-6502 From: "JULIE Gonzalez" <jlnormand72@msn.com> f� -, , To: <kwheeler@ci.renton.wa.us>, <ganderson@ci.renton.wa.us>, r <council@ci.renton.wa.us> Date: 9/22/2005 8:36:50 PM Subject: Citizens concerned for public safety and economic development. To All: My husband and I have been residents of the city of Renton since February of 2004. 1 am becoming increasingly concerned with my safety and the safety of others in the downtown area. We like to frequent the local businesses in an effort to support economic development in the city. While it seems great efforts are being made to revive the downtown economy I am concerned about the lack of police presence in the Piazza and transit area. This summer on several occasions I have witnessed fights and undesirable behavior on Burnett street. On three occasions while at the Met Coffee and Wine Bar, 911 has been called to break up fights among youths in the streets waiting for the bus. The worst incident was this past Saturday evening, September 17 when one of the Met's employees called 911 because she saw an assault in progress on the street. Before the police were able to respond we heard shots fired in the street. It took at least 10 minutes for police to respond. I understand they are busy with other calls and spread thin. When there are innocent pedestrians on the sidewalks and shots are ringing out I would hope there would be a much quicker response. More importantly, when I see this behavior in the Piazza and zero police presence I am left to wonder why my tax dollars are being spent for traffic cops to patrol Renton Hill during the middle of the day. I understand the need for traffic enforcement and that traffic is a separate division from the officers that would respond to an assault, domestic, etc. Why are my tax dollars being spent to pull my neighbors over for rolling thorough a stop sign, when the money would be better spent for increased patrols in the downtown area on Thursday, Friday, and Saturday nights? I am very hopeful that there will be more attention to this matter. I would like nothing more for the efforts in downtown to succeed and everyone's property value to rise. I look forward to hearing back on what the Mayors Office, Police Department, and City Council plan to help citizen's feel safer while frequenting downtown businesses at night. If you would like more information please feel free to call me on my cell phone at 253-569-5921. Or better yet come see for yourself one weekend evening and talk to some of the business owners. Sincerely, Julie Gonzalez 1811 SE 8th PI. Renton, WA 98055 CC: <jlnorm and72@msn.com>, "Albert Gonzalez" <agonzalez@wpx.com> C te ( �' yA It X, - September 26, 2005 Dear Madam Mayor and Members of the Council — The residents of the South Union Neighborhood are excited about the Heatherdowns Park Proposal including the "bump out" traffic calming feature added as a pedestrian safety measure. The proposed bump outs were thoughtfully included since Union Avenue Southeast from NE 3rd / 01 is a wide open boulevard promoting automobile speeds in excess of the posted 25 mph. Since the Transportation Department will be installing 4 "bump out" features at the park location, I respectfully request adding 2 more "bump outs" farther south at the intersection of Southeast 2nd Place and Union Avenue Southeast. The traffic volume and vehicle speeds in this area of Union Avenue Southeast justify this request. Sincerely, IdZ6 a Mike O'Halloran 4420 SE 4th Street Renton, WA 98059 (425) 271-6973 E6 - 10 T23N ME W 1/2 :13,13.H9-41 4�� 1 /' -�✓_ 1 I _ 3cH9�L.. 9— 1� — �a DA 9,D2-4 19: -2 i — - I ?r;------ -_ 1 !` _ t9•D9 �2 19, -119'E2-2 .E2-319 7 I 19,8E-1 _3 I 1 > 2-3 19,D -1 _ �9 j I 19, 12-7 l+� /j 9,w .30 Bi13-7 r. 19.➢2- : . . Ee -a I�1,�19F2 9F2 30 9L2- _ Sow v 18,H3-2 18o it �X 1 NE End .. .�_"_ _ _ .I _1 - _ •..__ i ` ji- .7 - h ... In,. _.I 9B4-13 SE 131sf St ' n j QV' " F1!' St 12 . a9 — z SE 132 d a t9,BA0 �. St I, - PHIvate Rd 19,14_ q l —` a1 a► Rood �ti 1 1 y o 1 NE(st P1_ 19,84-4 19 _ ; 9�4-4 pq cirri. _�\ 9. j4-1 1 BAr2 9,C4.-T i9 c4 9iC4- I I vh t NE ;, I Hickor�+. Ot 1 r ' X4- {` 1\ . r 19 _..-- !1,l 1I I \, ID 19 Lrch, Ct \ " 19I- lit I / Id' II PNI I jl Evergree"e',-' \ I 01 co CV) I �"'g L •.. 1 _ _ - - - _ 4 , ,..,;: Z `,\c,.. �� SE' 'J_JVUI F•P�• ','� 1 i`,t�AR�' r 9,83-11 11 \ I - 19 _y� 19.C3-B19.D3-�` I , - SE EA I 9,C6+4 / _ 7 � \141. II'9 1R ' I •,1 R 1 �\ �� 11 Iflllll'F Opr 1\ hyI O°' 19x6 c -\�Ib n -1 �, ,4r i , 9 I E 3h d O c ' :, r a \ �? 9'r°41\iiR� —3 t , +e.C\. � � — cw f ��tp�{�IIIjGI�gl�l(0 p i t/,Si I, 'HIS A \ = 4 �� ro 9n6 1 1�ef14�' yul�iui,1t�h \. \I�*1 ` Q — 1 ,1,i Ich of y i = 19.86- r - ;:D6-4 AAtf U 19 B7-1 w-" �X A'Yl, i +i %� §'rd /da n fii rd 1 { -� 1987-2: - Y �J'''��„1r ,l'fC 1 19,M6-3 dfl �. 1 1 .L7 19,C7-3, r F 'A 'YYI ��lf� 19.C.T :�•i" .i r > �.�1. !i� �k rrrrr�r r r i Yam!`_.. J t , Heather Downs Park Development Master Plan MA�ICOOD r (Mtj&n FAMILY) _g N! 7 7 j L EISIJOE". t P, ------ ---------------------- -- ------- 1�7=zd MASTER PLAN A- PICNIC PLAZA s PICNIC SHELTER C. PICNIC O. PLAYGROUND 12-5) E. PLAYGROUND 5-IZ) F. ROCK CLIMBING PLAY AREA G. PARKING AREA H. BASKETBALL HALF COURT L PRIMARY PATH (HARD SURFACE S* WIDE LOOP) J. SECONDARY PATH (SOFT SURFACE 56 WIDE) K. PLAY MEADOW L. MULTI -USE FIELD M. INFORMAL BASEBALL FIELD N. BACKSTOP O. ENTRY PLAZA P. TRAFFIC BULB -OUT O. EXISTING DOUGLAS FIR R. EXISTING CEDAR GROVE S. EXISTING MAPLE 1 � I _.,-.S��J-III._. HEATHER DOWNS PARK MASTER PLAN "Jill CITY OF RENTON COMMUNITY SERVICES DATE: 8-10-05TFIGURE: City of Renton Community Services J.a. Brennan 7, By C II : C NCiL. COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT bate September 26, 2005 Busato Memorial (Referred September 12, 2005) �(rAer The Community Services Committee recommends that the subject of a memorial forkPolice Chief Ang Busato and any financing of such a memorial be referred to the administration for further action. Toni Nelson, Chair Marcie Palmer, Vice Chair Dan Clawso , Member cc: Lys Hornsby, Utilities System Director Karen McFarland, Technical Services Engineering Specialist I:\COMMITTEBReports\Community Services\2005\Tonelli - Busato.docTLMtp BY COMMUNITY SERVICES COMMITTEE REPORT Dat$ _ I 1 6_ o eo,SS September 26, 2005 2006 Community Development Block Grant Funding Recommendations (Referred August 15, 2005) The Community Services Committee recommends concurrence in the Human Services Advisory Committee recommendation that 2006 Community Development Block Grant (CDBG) funds be distributed as follows: Community Development Block Grant Public Services: Community Health Centers of King County/Dental Program $10,076 Communities in Schools of Renton/Family Liaison Program $ 7,176 Domestic Abuse Women's Network/Confidental. Shelter $ 7,907 ElderHealth NW/Day Health Program $ 7,176 Emergency Feeding Program/Food Program $ 9,344 Visiting Nurse Services of the NW/Senior Health Promotion $ 7,176 Total $48,855 Community Development Block Grant Capital: City of Renton Housing Repair Program $164,546 Multi -Service Center $ 21,104 Total $185,650 Planning and Administration: $48,855 The Committee further recommends adoption of the 2006 CDBG Contingency Plan as recommended by the Human Services Advisory Committee should the amount of funding available for 2006 increase or decrease as proposed in Attachment A. Toni Nelson, Chair _11&� 11(a�. Marcie Palmer, Vice Chair Dan Clawson, Member de: karen i3evysvik _DrQnne UftC11+ 2006 Community Development Block Grant (CDBG) Contingency Plan The Human Services Advisory Committee recommends adoption of the following contingency funding plan should the amount of CDBG funds for 2006 change from the June 2005 estimated amount. Public Services Should there be an increase in CDBG public services funding, the Committee recommends any increase be applied proportionally to: • Communities in Schools of Renton/Family Liaison Program • Community Health Centers of King County/Dental Program • Domestic Abuse Women's Network/Shelter Program • ElderHealth/Connection Day Health Program • Emergency Feeding Program of Seattle & King County Should there be a decrease in CDBG public services funding, the Committee recommends any decrease be applied proportionally to all funded programs. Capital If there is an increase in CDBG capital funding, the Committee recommends any increases be allocated to the Housing Repair Assistance Program, with funding not to exceed $166,000. Any additional funds will be allocated to the Multi -Service Center Employee Development Program. If there is a decrease in capital funding, the decrease will be shared equally by all capital programs with the exception of the Housing Repair Assistance Program. There will be no decrease to the Housing Repair Assistance program. Planning and Administration If there is an increase in CDBG Planning and Administration funds, the Committee recommends that the City take the maximum amount allowable, to plan and administer the Community Development Block Grant Program. If there is a decrease in CDBG Planning and Administration funds, funding for Planning and Administration will be decreased by that amount. FINANCE COMMITTEE REPORT September 26, 2005 Ar'L" L'° F1170 BY Bate.-,.,_ DDI: APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 26, 2005, claim vouchers 241079- 241478 and 2 wire transfers, totaling $1,889,902.16 , and 602 direct deposits, payroll vouchers 59933-60208, and 1 wire transfer, totaling $1,902,320.45 . Don Persson, Chair Toni Nelson, ice -Chair r Denis Law, Member Date 9-a6-aDDs FINANCE COMMITTEE COMMITTEE REPORT September 26, 2005 Cable Television Franchise Consultant Contract (Referred September 19, 2005) The Finance Committee recommends concurrence in the staff recommendation to approve the consultant agreement with Bradley and Guzzetta, LLC for on -going cable television franchise management assistance in the amount of $2,000 per month, and for franchise renewal process services for an amount not to exceed $157,500 over the period of 2006-2008. The Committee recommends that the mayor and city clerk be authorized to execute the consultant agreement. Don Persson, Chair Tom Nelson, Vice Chair o Denis W. Law, Member cc: Linda Herzog Mike Bailey Fin Corn Rpt Cable Consultant Agrmt 9-26-05.doc\ Rev 01105 bh DRAFT CITY OF RENTON, WASHINGTON RESOLUTION NO. 277.3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE AN UNOPENED PORTION OF ABERDEEN AVE. NE, SOUTH OF NE 40TH ST. AT MONTEREY PL. NE. (RON G. DOHRN; VAC-05-003) WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about July 28, 2005, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of unopened street, as hereinafter more particularly described, and said petition having been signed by the owners of more than two-thirds (2/3) of the property abutting upon said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (One portion of unopened Aberdeen Avenue NE (112th Avenue SE), south of NE 40th Street at Monterey Place NE). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. That the 17th day of October, 2005, at the hour of 7:00 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, be and is hereby fixed as the time and place for a public hearing to consider the aforesaid Petition for vacating one portion of unopened Aberdeen Avenue NE (112th Avenue SE), south of NE 40th Street at Monterey Place NE, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. SECTION II. The City Clerk is hereby authorized and directed to give notice of said time and date of the hearing as provided by RCW 35.79.020 and any and/or all persons RESOLUTION NO. interested therein or objecting to said vacation may then appear and be heard thereon, or they may file their written objections thereto with the City Clerk at or prior to the time of hearing on said vacation. SECTION III. The City Council shall determine, as provided by RCW 35.79.030, as to whether an appraisal shall be secured to determine their fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner -Owners to the City for such vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.XXXX Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005. 2005. 2 ExmBIT A LEGAL DESCRIPTION: That portion of Aberdeen Avenue NE (formerly Hillman Boulevard) lying southerly of the easterly extension of the north line of the Lot 5, Block 4, of C.D. Hillman's Lake Washington Garden of Eden Division No. 7, according to the plat thereof recorded in Volume 16 of Plats, Page 18, records of King County, Washington, and lying northerly of the easterly extension of the south line of said Lot 5. Situate in the Northwest Quarter of the Northeast Quarter of Section 32, Township 24 North, Range 5 East, W.M., in the City of Renton, King County, Washington. v • Vicinity Map Street Vacation VAC-05-003 Petitioner: Ronald Dohrn NE 40th St FLimits City a� 0 41 0 W = O Z m > a Q v L. Proposed Vacation Area Vicinity Map Lake O Washington t} 1 0 150 300 Kennydale 1 : 18 0 0 Beach Park ♦ ♦ _•, Technical Services Planning/Building/Public K. YcFar/and Works To Sept. 12. 2005 and 4,J0pf��l 9-�6-zoos CITY OF RENTON, WASHINGTON RESOLUTION NO. .3%7V A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A INTERLOCAL COOPERATIVE AGREEMENT WITH THE TRANSPORTATION IMPROVEMENT BOARD (TIB) FOR THE COSTS ASSOCIATED WITH CONSTRUCTION OF THE MAPLE VALLEY HIGHWAY (SR 169) IMPROVEMENTS — SUNSET BLVD. N. TO BLAINE DR. SE. WHEREAS, the City of Renton is planning to undertake certain roadway improvements, WHEREAS, the Transportation Improvement Board has indicated that it will provide certain financial assistance for the right-of-way and construction funding; and WHEREAS, it is necessary to document the terms and conditions under which the Transportation Improvement Board will provide funds to the City of Renton; and WHEREAS, the City has received a proposed agreement entitled "Fuel Tax Grant Distribution Agreement" for schedule and funding commitment for the project improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I The above findings are true and correct in all respects. SECTION IL The Mayor or her designee and the City Clerk are hereby authorized to enter into an interlocal cooperative agreement with the Transportation Improvement Board for grant funding for right-of-way acquisition and construction of Maple Valley Highway (SR 169) improvements from Sunset Blvd. N. to Blaine Dr. SE, and any and all other or further agreements necessary to accomplish this project. 1 RESOLUTION NO. PASSED BY TBE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES. 1132:8/17/05:ma day of Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005. 2005. 2 l '� read�n y 9 �Q.os CITY OF RENTON, WASHINGTON ORDINANCE NO.51,5-3 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 4-1, 4-2, 4-4, 4-6 THROUGH 4-9, AND 4-11 OF TITLE IV (DEVELOPMENT REGULATIONS) AND CHAPTER 9-11 OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CLARIFYING ZONE DENSITY CONTROLS OVER ZONE LOT SIZE PROVISIONS AND REMOVING GREEN RIVER VALLEY LANDSCAPING REQUIREMENTS; AND BY AMENDING ADMINISTRATIVE, INTERPRETATION, AND ENFORCEMENT PROCEDURES; FEES AND FEE REFUNDS AND WAIVERS; BINDING SITE PLAN REGULATIONS; PLANNED UNIT/URBAN DEVELOPMENT REGULATIONS; NONPROJECT SEPA REQUIREMENTS; AND DEFINITIONS. WHEREAS, the Planning Commission was consulted for its recommendations on the 2004 City Code Title IV (Development Regulations) Docket and related amendments between November 2004 and January 2005; and WHEREAS, the Planning and Development Committee considered the staff and Planning Commission recommendations for the 2004 City Code Title IV (Development Regulations) Docket and related amendments; and WHEREAS, courtesy notices of the Planning Commission and Planning and Development Committee meetings were provided to parties of record; and WHEREAS, a public hearing before the City Council was duly noticed to the public and parties of record and held on February 28, 2005; and WHEREAS, the Planning and Development Committee considered the public hearing testimony and made its Committee recommendation on March 14, 2005 to the full City Council, requesting that an ordinance be prepared consistent with the Committee report; 0 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 4-1-060.0 and D of Chapter 1, Administration and Enforcement, 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: C. PLAN ELEMENTS: 1. Required Elements: The Comprehensive Plan shall contain the following mandatory planning elements as required by the Growth Management Act: a. A land use element designating the proposed distribution, location and extent of the uses of land. b. A transportation element that is consistent with the land use element and includes land use assumptions, an inventory of facility and service needs, service standards, financing needs and a reassessment of land use, if service standards cannot be met. C. A housing element containing an inventory of needs, policies for protection and development of housing for all economic segments of the community and identifying sufficient land for housing. d. A utilities element consisting of an inventory of needs and policies for the development of utilities and the location, proposed location and capacity of all existing and proposed utilities. e. A capital facilities element that includes an inventory of all capital facilities, forecast of future needs, proposed location of new or expanded facilities, a six (6) year funding plan and a reassessment of the land use element, if funding falls short. ORDINANCE NO. 2. Optional Elements: The Comprehensive Plan may include additional elements, relating to the physical development within the City; including, but not limited to subarea plans, each of which is consistent with the other elements of the Comprehensive Plan. 3. Land Use Element Map: The land use element map, maintained on display in the customer service area of the Planning/Building/Public Works Department, illustrates in broad and general terms the desired development of the City during the twenty (20) year planning period. 17 1 1$IaKe]� The Comprehensive Plan and any amendments and associated subarea plans are adopted by ordinance of the City Council after public hearing by the Council. SECTION II. Section 4-1-070.B.1 of Chapter 1, Administration and Enforcement, 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. Title 4 — Development Regulations: Chapter 1 Administration and Enforcement Chapter 2 Zoning Districts: Uses and Standards Chapter 3 Environmental Regulations and Overlay Districts Chapter 4 City -Wide Property Development Standards Chapter 5 Building and Fire Prevention Standards Chapter 6 Street and Utility Standards Chapter 7 Subdivision Regulations Chapter 8 Permits — General and Appeals Chapter 9 Permits — Specific 3 ORDINANCE NO. Chapter 10 Nonconforming Structures, Uses and Lots Chapter 11 Definitions SECTION III. Sections 4-1-080.A-D of Chapter 1, Administration and Enforcement, 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: A. ADMINISTRATIVE INTERPRETATION: 1. General: The Planning/Building/Public Works Administrator is hereby authorized to make interpretations regarding the implementation of unclear or contradictory regulations contained in this Title. Any interpretation of the Renton Title IV Development Regulations shall be made in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulations. 2. Zoning Conflicts: In the event that there is a conflict between either the development standards or special development standards listed in chapter 4-2 RMC, Zoning Districts: Uses and Standards, and the standards and regulations contained in another Section, the Zoning Administrator shall determine which requirement shall prevail in accordance with the intent or purpose statement of the specific regulation and the Comprehensive Plan. Life, safety and public health regulations are assumed to prevail over other regulation. B. CONFLICTS AND OVERLAPS: This Title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Title and another easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 4 ORDINANCE NO. C INTERPRETATION OF REQUIREMENTS: In interpreting and applying the provisions of this Title, the requirements herein shall be: 1. Considered the minimum for the promotion of the public health, safety, morals and general welfare; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. D. MORE RESTRICTIVE/HIGHER STANDARDS TO GOVERN: Wherever any regulation in this Title imposes higher or more restrictive standards than are required in any other statute or regulation, the provisions of this Title shall govern. Wherever the provisions of any other statute or regulation impose higher or more restrictive standards, the provisions of such other statute or regulation shall govern. SECTION IV. A new Section, 4-1-080.E, of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: E. TERMINOLOGY: When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall' is always mandatory. SECTION V. Section 4-1-100.A of Chapter 1, Administration and Enforcement, 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: 4-1-100 ENFORCEMENT: E ORDINANCE NO. A. PURPOSE: The purpose of this section is to promote compliance with this Title by establishing enforcement authority, defining violations, and setting standards for initiating the procedures set forth in Chapter 1-3, Remedies and Penalties, when violations of this Title occur. The provisions of this Title and any conditions associated with entitlements approved by the City shall be diligently enforced in order to promote the City's planning efforts and to protect the public health, safety, and welfare. A further intent of this section is to ensure that no permit, license, or land use approval is issued in conflict with the provisions of this Title. SECTION VI. A new Section, 4-1-100.B, of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: B. RESPONSIBILITY AND AUTHORITY: The Development Services Director, or his/her designee, shall be authorized to enforce the provisions of Title 4 of the Renton Municipal Code. The Director shall also enforce any implementing administrative rules, administration, and approval conditions attached to any land use approval, through revocation or modification of permits, or through the enforcement, penalty and abatement provisions of Chapter 1-3 RMC, Remedies and Penalties. SECTION VII. Sections 4-1-110.A and B of Chapter 1, Administration and Enforcement, 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: A. VIOLATIONS: Violations are illegal and are misdemeanors subject to the enforcement penalty and abatement procedures of Chapters 1-3-1 and 1-3-3 of the Renton Municipal Code. on ORDINANCE NO. B. REMEDIES AND PENALTIES: Stop Work Order: Any construction in violation of this Title, or any condition(s) imposed on a permit or license, may be subject to the issuance of a "Stop Work Order." 2. Refusal of Approvals: a. The City shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Renton Municipal Code or state subdivision regulations. b. No approval shall be granted for a land -use permit, land division, or building permit for any parcel of land on which there is a violation of any city or state law or permit to use or development of the property, unless such violations are either corrected prior to application or are required to be corrected as a condition of approval. C. The City shall not issue any permit or grant any land use approval to any individual or corporation that has not paid all land use -related fines, penalties, permit fees, or collections due to the City for any previous infraction or criminal violation of Title 4 of the Renton Municipal Code. Provisions of RMC 1-3-1: Any person violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor and punished pursuant to Chapter 1-3-1 of the Renton Municipal Code. 4. Remedies Cumulative: All remedies concerning this Title shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof. 7 ORDINANCE NO. 5. Recovery of Costs: Where any action or activity is required to be taken by a person under the provisions of this Title, the City Administration may direct that in default of its being done by the responsible party, such action or activity shall be done at the expense of the party in default and the City may recover the expenses. SECTION VIII. New Sections 4-1-110.C, D, E, and F of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby added, to read as follows: C. INITIATION OF PROCEEDINGS AGAINST VIOLATION: The City may initiate proceedings to revoke or modify any permit or land use approval it has issued; 2. An aggrieved party may file a request for the City to initiate revocation or modification proceedings, or suspend a permit, or land use approval. D. AUTHORITY TO REVOKE OR MODIFY A PERMIT OR LAND USE APPROVAL: Authority to revoke or modify a permit or land use approval shall be exercised by the approving body, as follows: 1. The City Council, after a recommendation from the Hearing Examiner, may revoke, modify, or refuse to grant any preliminary subdivision, zone reclassification or other approval issued by the Council or Hearing Examiner. 2. The Planning/Building/Public Works Administrator may, for cause, revoke or modify any permit or other land use approval issued by the Administrator. 3. For purposes of this Section, cause to revoke or modify a permit or land use approval shall mean that the permit or land use approval was obtained by fraud or by providing ORDINANCE NO. inaccurate, incomplete, or misleading information where the person holding the permit fails to perform a condition precedent or subsequent to the granting of the permit or land use approval. E. CRITERIA FOR PERMIT SUSPENSION, REVOCATION OR MODIFICATION: Any permit, or other land use approval issued by the City pursuant to this Title may be suspended, revoked or modified on one or more of the following grounds: 1. The approval was obtained by fraud; 2. The approval was based upon inaccurate, incomplete or misleading information provided by the applicant; 3. The holder of the permit or approval interferes with the Administrator or any authorized representative in the performance of his or her duties related to the permit or approval; or 4. The holder of the permit or approval fails to comply with any notice and order issued pursuant to code compliance regulations. 5. The holder of the permit or approval fails to comply with the condition precedent or subsequent to the granting of the permit or land use approval. F. APPEALS: See RMC 4-8-110 for appeal process. SECTION IX. Sections 4-1-140.1) and E of Chapter 1, Administration and Enforcement, 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: D. DEMOLITION PERMIT FEE: $15.00 E. STATE BUILDING CODE FEE: 0 ORDINANCE NO. A state building fee of $4.50 shall be charged to all projects requiring a building permit as well as an additional $2.00 for each unit of multi -family. SECTION X. A new Section, 4-1-140.P, of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: P. REFUND OF BUILDING DIVISION FEES: 1. Authority to refund fees. The Development Services Director may authorize the refunding of any fees paid hereunder which was erroneously paid or collected. 2. Amount Refunded. a. Permit Fee. Due to the City's cost in screening, accepting, and initial processing of land use applications the Development Services Director may authorize the refunding of not more than eight (80) percent of the permit fee paid when no substantial work has been done under a permit issued in accordance with this Code. b. Plan Review Fee. Due to the City's cost in screening, accepting, and initial processing of land use applications the Development Services Director may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an applicant for a permit for which a plan review fee has been paid is withdrawn or cancelled before any substantial plan review effort has been expended. 3. Method of Obtaining Refund and Time Limit. The Development Services Director shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of the fee payment. 10 ORDINANCE NO. SECTION XI. Section 4-1-170.A of Chapter 1, Administration and Enforcement, 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: A. APPLICATION TYPE: FEE AMOUNT: Annexation Expense for postage Appeal of Hearing Examiner's Decision, Administrative Decision, or Environmental Decision $75.00 Binding Site Plan $1,000.00 Comprehensive Plan Amendment $1,000.00 Conditional Approval Permit: Hearing Examiner Review $500.00 Administrative Review $250.00 Conditional Use Permit: Hearing Examiner Review $2,000.00 Administrative Review $1,000.00 Environmental Impact Statement/Draft and Final 100% of costs of coordination, review and appeals' 'When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant's proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW. Environmental Checklist: Less than $100,000 project value $400.00 $100,000 or more project value $1,000.00 Environmental review/sensitive lands or lands covered by water, except minor residential additions or modifications $1,000.00 11 ORDINANCE NO. Fence Permit (special) $100.00 Grading and Filling Permit $2,000.00 Hobby Kennel License (one time fee) $20.00 Lot Line Adjustment $450.00 Manufactured/Mobile Home Park: Tentative $500.00 Preliminary $2,000.00 Final $1,000.00 Open Space Classification Request $30.00 Plats: Short Plat $1,000.00 Preliminary Plat $2,000.00 Final Plat $1,000.00 Planned Urban Development: Preliminary Plan $2,000.00 Final Plan $1,000.00 Rezone: Less than 10 acres $2,000.00 10 to 20 acres $3,000.00 More than 20 acres $4,000.00 Routine Vegetation Management Permit $75.00 Shoreline Substantial Development Permit: Under $100,000 value $500.00 $100,000 or more value $1,000.00 Site Development Plan (Site Plan or Master Plan): Hearing Examiner Review $2,000.00 Administrative Review $1,000.00 Special Permit $2,000.00 Temporary Permit $100.00 Temporary Permit Sign Deposit (refundable) $25.00 Variance — Administrative $100.00 Variance — Planning/Building/Public Works Administrator or Hearing Examiner $500.00 Waiver $100.00 SECTION XII. Chapter 4-1-180, Public Works Fees, of Chapter 1, Administration and Enforcement, 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: 12 ORDINANCE NO. 4-1-180 PUBLIC WORKS FEES: A. FRANCHISE PERMIT FEES: Unless otherwise specified in a franchise agreement, the fee shall be due and payable at or prior to the time of construction permit issuance. If a franchise agreement does not specify the fee amount, the generic fee, as identified in the following table shall be collected. A bond as stipulated in RMC 9-10-5, Street Excavation Bond, is also required. Small work, including trenching less than sixty $50.00 (60) linear feet or installation of six (6) or less utility poles All other work $50.00 plus $40.00 per hour of B. LATECOMER'S AGREEMENT APPLICATION FEES: The processing fee is due at the time of application. The administration and collection fee is deducted from each individual latecomer fee payment and the balance forwarded to the holder of the latecomer's agreement pursuant to RMC 9-5-9, Tender of Fee. Pr6 ed.ure Processing fee (Nonrefundable) $500.00 if amount covered by latecomer's is $20,000.00 or less $1,000.00 if amount covered by latecomer's is between $20,000.00 and $100,000.00 $2,000.00 if amount covered by latecomer's is eater than $100,000.00 Latecomer's Agreement —Administration and 15% of total amount to be collected if amount covered by latecomer is $20,000.00 collection fee or less; 10% if amount covered by latecomer is between $20,000.00 and $100,000.00; 5% if amount covered by latecomer is greater than $100,000.00; 13 ORDINANCE NO. if applicable 1 $750.00 C. PUBLIC WORKS CHARGES FOR EQUITABLE SHARE OF PUBLIC WORKS FACILITIES: Owners of properties to which improvements are being proposed that have not been assessed or charged an equitable share of the cost of public works facilities, such as water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting, shall be subject to one or more of the charges listed in the following subsections. Any fees triggered by improvements or development, as detailed in this section, are due and payable at the first of the following instances: Prior to the issuance of a Public Works Construction Permit; or prior to the recording of a single family residential plat or single family residential short plat; or prior to the issuance of a building permit. All of the following charges shall be paid into the Waterworks Utility Construction Fund except that any fees collected under a private Latecomer's Agreement shall be passed on to the holder of the agreement with the appropriate fees paid to the general fund. For the purposes of this section the terms property(ies) or parcel(s) shall mean a lot which is part of a subdivision recorded in the office of the County Assessor, or a lot or parcel described by metes and bounds or aliquot parts, the description of which has been so recorded in conformance with all applicable regulations in effect at the time of recording. 1. Private Held Latecomer's Fees and Special Assessment District (formerly known as City held Latecomer's) Fees: a. Applicability of Private Held Latecomer's Fee: The City has the discretionary power, as detailed in chapter 9-5 RMC, to grant latecomer's agreements to developers and owners for the reimbursement of a pro rata portion 14 ORDINANCE NO. of public works facilities (water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting) they install and turn over to the City. b. Applicability of Special Assessment District Fee: The special assessment charge is a fee that enables the City to recover a pro rata portion of the original costs of public works improvements (water systems, sanitary sewer systems, storm water drainage systems, and street improvements including signalization and lighting) from the owners of property who would benefit from future connections to, or future users of, improvements to the City's infrastructure that were not installed by LIDs or by a private developer under a latecomer agreement. The imposition, collection, payment and other specifics concerning these charges are detailed in chapter 9-16 RMC, Special Assessment Districts. Interest may be charged pursuant to RMC 9-16-6, Payments to City. C. Segregation of Latecomer's or Special Assessment District Fees: i. Segregation of Fees: The City may grant segregation of private developer latecomer's fees or special assessment district fees on large parcels of land per Subsection (C)(3) below. ii. Relief Due to Two (2) Similar Facilities: The Planning/Building/Public Works Administrator will consider relieving a parcel of a latecomer's or special assessment district fee/assessment if the property has a benefit from either (but not both) of two (2) similar facilities. The Planning/Building/Public Works Administrator will make the decision based on engineering and policy decisions as to which 15 ORDINANCE NO. facility(s) benefit and/or are utilized by the parcel. The assessment due would be that associated with the utilized facility. If there are no sound engineering or policy reasons that indicate one facility over the other, the City shall give the applicant the choice of facilities to utilize. iii. Relief Due to Future Subdivision: At the time the latecomer's agreement or special assessment district is formed, and as a condition of the latecomer's agreement or special assessment district, the City may require that the assessment against a parcel be divided such that a single family residential connection will be assessed based upon the size of a typical single family residential lot in that area. The remainder of the cost attributed to said site will be due at such time as the parcel develops further either by subdivision or increased density. In the case of a special assessment district, interest will continue to accrue on the remaining portion of the assessment. iv. Reallocation of Assessment Due to Subdivision of Property: The Planning/Building/Public Works Administrator will consider reallocation of the latecomer's assessment or the special assessment if a property is subdivided for any purpose other than single family use. Reallocation may be granted based upon front footage, area, or other equitable means. Consideration may be given to adjusting the assessment between the new parcels, based upon value of benefit from the improvements, such that two (2) similar parcels may pay different amounts because one receives more benefit. 16 ORDINANCE NO. 2. System Development Charges (SDC) — Water, Wastewater, and Surface Water: The City may hold and charge certain other fees similar to special assessment district charges, which are commonly referred to as "system development charges." a. Applicability of System Development Charge: The system development charge is hereby imposed against properties and, by inference, the owners of said properties which have not been assessed or charged or borne an equitable share of the cost of the City's utility systems. Said property owner(s) shall pay, prior to connection to or benefit from a City utility or utility facility, the system development charge associated with that utility as detailed in the fees table in subsection (C)(2)(b) of this section. A parcel may benefit from a City utility system during the development or redevelopment of the property with or without a connection to an established facility. Therefore, the system development charge for a utility may be triggered without a physical connection to an existing facility. i. Development of a utility system shall mean: • Development of the Sanitary Sewer System, including but not limited to lift stations, force mains, interceptors and other sewer collection mains. Development of the surface water system, including but not limited to retention/detention or water quality facilities, flood hazard reduction improvements, lift stations, force mains, interceptors, and other surface water collection and conveyance systems. Development of the Water System, including but not limited to wells, pump stations, reservoirs and transmission mains. 17 ORDINANCE NO. ii. The phrase "properties, which have not been assessed or charged or borne an equitable share of the cost of the utility," as used in this Section, shall mean any of the following: First Time Service Connection or Benefit: Any property which has not paid a system development charge for the property based upon the total square footage of the property and which is connecting to or benefiting from a Renton utility system for the first time (including but not limited to new construction, conversion from private well, or conversion from septic system). Further Subdivision: Any property which has not paid a system development charge for the property based upon the total square footage of the property and is served or benefited by the utility and is subdividing further. However, single family usage shall receive a credit for the existing single family residence(s). For example, a five (5) acre parcel with an existing single family house is being subdivided for single family lots. If the existing house is connected to the City sewer and water systems, the development would get credit for one single family system development charge for sanitary sewer, storm water, and water. If the existing house was not connected to the City sewer system, the development would get credit for one single family system development charge for storm water and water. A property subdividing further for single family usage that receives a credit for existing single family residence(s) shall not qualify ORDINANCE NO. for prorating of the system development charge under subsection (C)(2)(c)• Existing Developments - Water and/or Sanitary Sewer: Property that was developed before the effective date of the first development charge ordinances for water and sanitary sewer in 1974 is exempted from the connection charge(s) for water and sanitary sewer. Any rebuilding, change in use or additions to exempted property that does not require additional water usage such that a fire hydrant, additional meter, or larger meter is necessary will not trigger a new system development charge. However, except as provided herein, when property is redeveloped or the use changed or intensified such that larger or additional water meter(s) or the addition of a fire hydrant is necessary, application(s) for these items will trigger the system development charge(s). An application for the installation of a meter(s) solely for the purpose of either irrigation or fire protection or the installation of a fire hydrant will trigger a system development charge for water. An application for an additional or a larger water meter(s) for any purpose other than solely for irrigation or fire protection will trigger a system development charge for both water and sewer. 19 ORDINANCE NO. b. Exceptions: i. The addition of an irrigation meter only for an existing single- family residential dwelling will not trigger a system development charge for water or sewer. ii. If an existing single family residence is being remodeled or rebuilt and remains a single family residence on the same lot (not involved in a new plat, short plat, or lot line adjustment), the addition of a larger or additional meter will not trigger the system development charges for water or sewer. iii. The addition of a second meter to an existing duplex in order to divide consumption for billing purposes will not trigger a system development charge. iv. Existing Developments — Surface Water: (a) Property that was developed before the effective date of the first development charge ordinances for surface (storm) water in 1992 is exempted from the surface water system development charge. The addition of any new impervious surface to exempted properties will require payment of the system development charge for surface water for the additional new impervious area only. If an exempted property is making a connection for the first time to a surface water system, it will require payment of the system development charge for surface water only for the impervious area tributary to the point of connection. Any rebuilding, change in use or additions to exempted property that does not 20 ORDINANCE NO. create additional impervious surface area or does not cause a first time connection to be made will not require payment of the system development charge for surface water. (b) Exceptions: Improvements to existing single family residential units such as additions that are less than 500 square feet, decks, small sheds and other minor improvements are exempt from the system development charge for surface water unless a new connection to the Renton surface water utility collection system is proposed or required as part of the permit application. C. System Development Charge Table: 21 ORDINANCE NO. TypeSof Land Ilse f tX!aereerriount astater Fee�� surface Water linl _._ Single family $1,525.00 per $900.00 per $715.00 per residence dwelling unit dwelling unit dwelling unit Mobile/Manufactured $1,220.00 per $720.00 per $715.00 per Homes located in a dwelling unit dwelling unit dwelling unit mobile home or manufactured home ark Multi -family $915.00 per dwelling $540.00 per $0.249 per (in all zones except unit, (auxiliary dwelling unit, square foot of CD and COR zones) buildings like club (auxiliary buildings new houses are considered like club houses are impervious inclusive to the considered inclusive surfacing, but development and are to the development not less than not counted as a and are not counted $715.00 dwelling unit and are as a dwelling unit thus not included in and are thus not the calculation of the included in the fee) calculation of the fee) Mixed Use Mixed use buildings Mixed use buildings $0.249 per (in all zones except with over 50% floor with over 50% floor square foot of CD and COR zones) space used for space used for new residential shall be residential shall be impervious assessed at the rate assessed at the rate surface, but $915.00 per dwelling of $540.00 per not less than unit dwelling unit $715.00 CD and COR zones $0.213 per gross $0.126 per gross $0.249 per square foot of square foot of square foot of property, but not less property, but not less new than $1,525.00 than $900.00 impervious surface, but not less than $715.00 All other uses $0.213 per gross $0.126 per gross $0.249 per square foot of square foot of square foot of property, but not less property, but not less new than $1,525.00 than $900.00 impervious surface, but not less than $715.00 22 ORDINANCE NO. d. Prorating the System Development Charge for Redevelopment of Property: An option exists for prorating the system development charge(s) for property which has not previously paid a charge in full. Any parcel that currently has water or sanitary sewer service is eligible for a prorated system development charge for the associated utility. Prorating based upon meter sizes: The prorated system development charge will be based upon the capacity of the new meters as compared to the capacity of the existing meters. Meters installed solely for fire protection, either existing or proposed are not included in the calculation for water or sanitary sewer. If there is an additional or larger meter solely for fire flow or additional hydrants required for the proposed development, please refer also to sub- section c.ii, below. Meters installed solely for irrigation (either existing or proposed) are not included in the calculation for sanitary sewer. This prorated redevelopment charge is calculated using the following formula: [Proposed meter(s) capacity in gallons per minute (GPM) — Existing meter(s) capacity in GPM] / [Proposed meter(s) capacity in GPM] x [SDC Fee] = Amount owed. The City will determine the safe maximum operating capacities of all meter sizes using American Water Works Association tables (see below). The fee paid shall be posted in the City's database and applied to the total system development charge applicable for the parcel. 23 ORDINANCE NO. Reduction in meter capacity shall not result in a payment from the City to the applicant. WATER METER EQUIVALENCIES for purposes of calculating redevelopment credit: 5/8 20 5/8 x 3/4 20 3/4 30 1 50 1-1/2 100 2 160 3 300 4 500 6 1000 8 1600 10 2300 12 3375 20 8250 ii. Prorating the System Development Charge for Fire Protection Improvements Associated with Redevelopment of Property: Installation of a water meter solely for a fire protection system, such as a new hydrant or fire sprinkler system shall be charged a fee equal to thirty percent (30%) of the system development charge applicable to the portion of the parcel containing the improvements for which the fire protection system is constructed to serve. Thirty percent (30%) is the amount the water utility has expended throughout its system for fire flow protection. This fee shall be posted to the City's database and applied as a partial payment to the total system development charge applicable for the parcel. For the purposes of this section, "portion of the parcel containing the improvements for which the fire protection system is constructed to serve" shall be described as: 24 ORDINANCE NO. The smaller area of either the total square footage of the property or the square footage of the property designated by a line drawn twenty (20) feet around the footprint of the building being served by the meter installed for fire protection. The smaller area of either the total square footage of the property or the square footage of the property designated by a line drawn twenty (20) feet around the footprint of the building(s) which by their construction, reconstruction or improvement triggered the need for the new fire hydrant(s). "Footprint" shall include the primary building plus ancillary structures such as garages, carports, sheds, etc. that are considered by the Fire Department when calculating fire flow requirements. In the case of multiple improvements, overlapping areas shall only be counted once. If the "portion of the parcel containing the improvements for which the fire protection system is constructed to serve" is eighty percent (80%) of the parcel or more, then the thirty percent (30%) shall be calculated on the total square footage of the property. If a project both increases water meter capacity and installs a fire protection system, the total of both prorated system development fees (subsections i and ii) would be charged. Payment of said fees would be posted in the City's database and applied to the total system development charge applicable for the parcel. In no case shall the total of the prorated system development charge(s) be more than the total system development charge applicable for the parcel. Installation of a water meter solely for a fire protection system shall not trigger a sewer system development fee. 25 ORDINANCE NO. iii. Prorating the System Development Charge for installation of an Irrigation Meter only: When a water meter is installed solely for the purpose of providing irrigation water for private landscaping (exempt meter), there will be charged a fee equal to ten percent (10%) of the water system development charge applicable to the property. Said fee shall be nonrefundable, and nontransferable (from one portion of the property to another). Payment of said fee would be posted in the City's database and applied to the total system development charge applicable for the parcel. At the applicant's option, the full water system development charge may be paid instead of the ten percent (10%) payment described herein. iv. Examples: Example 1: A redevelopment project that involves a change from a single family home on a ten thousand (10,000) square foot lot with a five -eighths inch by three-quarter inch meter (5/8" x 3/4", a standard single family meter) that has a safe operating capacity of twenty (20) gallons per minute (GPM), to a commercial usage with a one and one-half inch (1-1/2") meter with a safe operating capacity of one hundred (100) GPM can apply to pay for the following prorated charges: (100 GPM — 20 GPM) / (100 GPM) = 0.8 For water: 0.8 x (10,000 sq. ft. x $0.213/sq. ft.) _ $1,704.00 For sewer: 0.8 x (10,000 sq. ft. x $0.126/sq. ft.) _ $1,008.00 26 ORDINANCE NO. Without the redevelopment credit, this project would have paid $0.213/sq. ft. x 10,000 sq. ft. _ $2,130.00 for water and paid $0.126/sq. ft. x 10,000 sq. ft. _ $1,260.00 for sewer. Example 2: A property owner is planning to redevelop a half acre parcel that includes a single family home with a five -eighths inch by three- quarter inch meter (5/8" x 3/4", a standard single family meter) that has a safe operating capacity of twenty (20) GPM. The new development will be an eight (8) unit multi -family dwelling with a two inch (2") meter with a safe operating capacity of one hundred sixty (160) GPM, a three-quarter inch (3/4") irrigation meter with a safe operating capacity of thirty (30) GPM, and a four inch (4") meter for fire sprinklers. The property owner can apply to pay the following prorated charges: For water: Based on meters (160 GPM + 30 GPM — 20 GPM) / (160 GPM + 30 GPM) = 89.5% Based on fire service = 30% Total = 119.5% Therefore, 100% of the water system development charge would be due. 8 units x $915.00 / unit = $7,320.00 For sewer: based on meters — irrigation meter excluded (160 GPM — 20 GPM) / (160 GPM) = 87.5% Therefore, 87.5% of the sewer system development charge would be due. 87.5% x 8 units x $540.00 / unit = $3,780.00 Without the redevelopment credit, this project would have paid $540.00 / unit x 8 units = $4,320.00. 27 ORDINANCE NO. d. Exemptions to System Development Charge: i. Installation of an Irrigation Meter Solely for the Purpose of Providing Irrigation Water to City Right-of-way: Installation of a water meter solely for the purpose of providing irrigation water to City right-of- way is exempted from the System Development Charge. ii. Exemption for City -Owned Property: No system development charge will be collected on City -owned properties. The benefits to the utility from the use of other City properties such as utility easements, lift stations and other benefits offset the amount of the system development charge. iii. Limited Exemptions for Municipal Corporations: A limited exemption to the system development charge will be granted to municipal corporations for portions of property subject to the system development charge to the extent that those specific areas are available and maintained at all times for public use (e.g., ballfields adjacent to a school building) and shall be segregated from the fee determination as herein provided. In applying this exemption, to the extent possible, a single straight line shall be drawn across the property separating the exempt property from the property to be charged. If a single straight line would not achieve substantial equity, then additional lines may be drawn to include substantial open space areas in the exemption. For purposes of this exemption, substantial open space areas shall be at least one hundred ORDINANCE NO. thousand (100,000) square feet in area. Lines shall not be drawn closer than fifteen feet (15') to any structure. ■ Nonexempt Areas: Parking lots, driveways, walkways, similar areas and required landscape areas shall not be part of the exempt area. ■ Administrative Fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording the segregated fee. At the time of application for system development charge segregation the applicant shall pay the administrative fee of seven hundred fifty dollars ($750.00). ■ Restrictive Covenants: The exemption must be memorialized by means of a restrictive covenant running with the land. Should the property exempted under this Section later develop, then that property shall pay the system development charge in place at the time of development. ■ Interpretation of Partial Payment: The Administrator of the Planning/Building/Public Works Department shall make the final decision on the application and/or interpretation of this limited exemption and the achievement of substantial equity. iv. Exemption for Undevelopable Critical Area(s) and Undevelopable Major Easement(s): When calculating the area to be charged the system development charge, undevelopable critical areas (per RMC 4-11-030) and undevelopable major easements within the property shall not be included in the square footage for the calculation of the charge. It is the 29 ORDINANCE NO. responsibility of the property owner or applicant to submit a study determining and classifying the critical area. The property owner or applicant shall submit a legal description of any easement(s) or critical area(s) so that these portions of the property can be exempted from the development charge(s). The intent of this exemption is to not charge property that is undevelopable. If the property is used or can be used to satisfy any condition of the development such as parking or landscaping, it shall be considered developed and does not meet the qualifications of this exemption. V. Exemption Credit for Regional Improvements: If an applicant's project proposes to solve a regional drainage problem, over and above the requirements to mitigate their project's impacts, the value of the additional improvement shall be credited toward the surface water system development charges due. The applicant must provide the Administrator of the Department of Planning/Building/Public Works with the costs of the drainage improvements and a suggested method of calculating the costs due to the extra work done to solve a regional drainage problem. The Administrator will make the final decision as to whether or not the applicant's project solves a regional drainage problem and the amount of any credit, if applicable. In no instance shall the credit duplicate a latecomer's agreement such that the applicant will be paid twice, nor may 30 ORDINANCE NO. the credit against the connection charge exceed the connection charge (i.e., no payment to the applicant under this Section). vi. Surface Water Exemption for Infiltration Facility: Developments which infiltrate or contain on site one hundred percent (100%) of the on - site storm water runoff volume from a one hundred (100) year storm are exempt from the surface water system development charge. For the application of this credit, the owner/developer must use the current design criteria to show that the infiltration facility will infiltrate all of the volume of runoff produced from the site during the one hundred (100) year storm. If a development that is granted an exemption under this section discharges water offsite during a hundred year storm or less, the development shall be required to make corrections or improvements to the onsite system such that it will infiltrate up to the hundred year storm. If, in the future, the development can no longer infiltrate one hundred percent (100%) of the on -site storm water runoff from a one hundred (100) year storm, the systems development charge shall be due and payable as a condition of the connection to or utilization of the City's storm water system. Nothing in this section shall relieve the property owner(s) from complying with the City's current flow control and water quality treatment standards at the time the development converts from one -hundred percent (100%) infiltration to use of the City storm system. When a development is converted from one hundred percent (100%) infiltration to use of the 31 ORDINANCE NO. City storm system, the storm water management standards used shall consider the existing conditions prior to the property being developed under the one hundred percent (100%) infiltration exemption and the developed conditions at the time the conversion is made. There may be certain conditions or locations within the City that partially or completely preclude the use of infiltration facilities. If a current or future code or standard prohibits or limits the use of infiltration facilities to any level below the one hundred (100) year storm, the development will not qualify for this exemption. 3. Segregation Criteria and Rules: Except for parcels or units being developed for single family use, the ability exists for the segregation of system development, special assessment district, and latecomer's charges if there is partial development of a large parcel of property. This segregation shall be based on the following criteria and rules: a. Segregation by Plat or Short Plat: Charges shall be determined on the basis of the specific platted properties being developed regardless of the parcel size. Unplatted or large -platted parcels may be platted or short -platted prior to development, in which case the system development charge will be applied to the specific platted lots being developed. b. Segregation by Administrative Determination: For the partial development of a large tract of property, the owner may apply for a segregation of the system development, special assessment district, and latecomer's charge(s) for the specific portion of the property to be developed. The burden of establishing 32 ORDINANCE NO. the segregation by legal description, number of units, and map would be on the party owing the fee and not the City. The following criteria shall determine the segregation of fees: i. Applicability: This provision shall apply to all developments with the exception of single family residential and mobile home developments. When a parcel is segregated by administrative determination, prorating of the system development charge for redevelopment shall not be allowed. ii. Segregation of Fees: The segregation of fees shall be by formal, written agreement, including a legal description approved by the City, which shall be recorded as a restrictive covenant running with the land. The restrictive covenant shall list the percentage of the system development charge fee that has been paid for the property. The applicant shall also include a detailed plan, drafted to current adopted City standards, of the proposed development, which shall include the proposed boundary line, as described in the legal description, for the system development charge determination. iii. Segregated Areas: Minimum size of area segregated for determination and payment of system development charge(s) shall be two (2) acres. The segregated area shall include, but not be limited to, all contiguous existing developed land for which the system development charge(s) have not been paid; all proposed buildings; driveways and sidewalks; parking areas; grass and landscape areas; public access areas; storm drainage facilities and detention ponds; and improvements required 33 ORDINANCE NO. for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). The boundary line for the segregation of system development charge shall be established by survey and legal description and shall not be closer than fifteen feet (15') to any structure. iv. Remnant Parcel: Minimum size of the remnant parcel of undeveloped property for which the system development charge is deferred shall be two (2) acres. Should the property partially paid for under this Section later develop, then that property shall pay the system development charge fee in place at the time of development. Should the property partially paid for under this Section later be subdivided, then the partial payment credit shall run with the subdivided lots. The burden of establishing that the partial payment has been made would be on the party potentially owing the fee and not on the City. V. Determination of Charge: The system development charge shall be determined on the basis of the percentage of a property that is developed (existing development plus proposed development). When a proposed development takes a parcel over the threshold of full development, or reduces the size of the remnant parcel below two acres, as described in this Section, one -hundred percent (100%) of the systems development charge(s) is owed and any balance is due and payable. vi. Full Development: For the purpose of this Code, "full development" is considered to be sixty percent (60%) property coverage for multi -family development and eighty percent (80%) property coverage 34 ORDINANCE NO. for commercial, industrial, mixed use, and all other development. "Property coverage" is defined as the portion of the property supporting buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm drainage facilities and detention ponds, and improvements required for mitigation of environmental impacts under the State Environmental Policy Act (SEPA). vii. Developed Area: The "developed area" shall include, but not be limited to, all contiguous existing developed land for which the system development charges have not been paid: all existing and proposed buildings, driveways and sidewalks, parking areas, grass and landscape areas, public access areas, storm drainage facilities and detention ponds, and improvements required for mitigation of environmental impacts. viii. Administrative Fees: The applicant shall pay the City's administrative costs for the preparation, processing and recording of the partial payment of the fee(s). At the time of application for system development charge partial payment the applicant shall pay the administrative fee of seven hundred fifty dollars ($750.00) for each segregation. If the same segregation is used for more than one utility's system development charge, then only one administrative fee is collected. ix. Interpretation: The Administrator of the Planning/Building/Public Works Department shall make the final decision on interpretation of the partial payment of system development charges. 35 ORDINANCE NO. D. PUBLIC WORKS CONSTRUCTION PERMIT FEES: The following public works construction permit fees, utility permit fees, and miscellaneous charges are payable at or prior to the time of construction permit issuance. Water Construction Permit Fees: Water meter tests for 3/4" to 2" meter $40.00 Water meter tests for meters greater than 2" Time and materials cost ($60.00 deposit) Open and close fire hydrants for fire flow tests conducted by others Time and materials Installation fees for ring and cover castings $200.00 Service size reductions $50.00 Water service disconnection (cut at main) $250.00 Meter resets $50.00 Repair of damage to service $50.00 Water main connections $400.00 Water main cut and cap $1,000.00 Water quality/inspection/purity tests $40.00 each Specialty water tests (lead, copper, etc.) Cost of test plus $40.00processing fee Water turn ons/offs after hours $120.00 Installation of isolation valve Time and materials $2,000.00 deposit New water line chlorination fee $250.00 plus $0.15 per lineal foot for any footage after the first two hundred fifty (250) lineal feet. Miscellaneous water installation fees Time and materials 36 ORDINANCE NO. 2. Water Meter Installation Fees — City Installed: The following fees are payable at the time of application for water meter installation(s). 3/4" meter installed by City within City limits $1,300.00 (full installation of stub service and meter) $240.00 (meter drop in) 3/4" meter installed by City outside City limits $1,400.00 (full installation of stub service and meter) $240.00 (meter drop in) 1" meter installed by City $1,400.00 (full installation of stub service and meter) $250.00 (meter drop in) 1-1/2" meter installed by City $2,400.00 (full installation of stub service and meter) $300.00 (meter drop in) 2" meter installed by City $2,800.00 (full installation of stub service and meter) $370.00 (meter drop in) 3. Water Meter Processing Fees — Applicant Installed: For meters larger than two inches (2"), the applicant must provide materials and installs. The City charges a two hundred dollar ($200.00) processing fee at the time of meter application. 4. Wastewater and Surface Water Construction Permit Fees: 37 ORDINANCE NO. "T'vne of New Service Wastewater,Permit Fee Surface Water Residential $60.00 each connection $60.00 each connection Commercial $80.00 each connection $80.00 each connection Industrial $100.00 each connection $100.00 each connection Repair of any of the above $50.00 each service $50.00 each connection Cut and Cap / Demolition Permit $30.00 each service $30.00 each service Ground Water Discharge (Temporary $150.00 N/A connection to sanitary sewer system for one time discharge of contaminated ground water to 50,000gallons) Ground Water Discharge (Temporary $100.00 + Billed for N/A connection to sanitary sewer system for current Renton and King discharge of contaminated ground County sewer rate on water over 50,000 gallons) discharged amount. (meter provided by property owner) 5. Work in Right -of -Way — Construction Permit: (Utility and Street/Sidewalk Improvements): A bond is required, as stipulated in RMC 9-10-5, Street Excavation Less than 35 feet in length 1 $30.00 35 to 100 feet in length 1 $60.00 Greater than 100 feet in length 1 $90.00 W. ORDINANCE NO. Exception: No permit fee shall be charged for individual homeowners for work in street rights -of -way for street tree or parking strip irrigation systems. 6. Street Light System Fee: All new installations of street lighting facilities shall incur a fee of five hundred dollars ($500.00) per connection to the power system, payable at or prior to the time of construction permit issuance. E. PUBLIC WORKS PLAN REVIEW AND INSPECTION FEES: All developers, municipal or quasi -municipal entities, or utility corporations or companies, except those specifically exempted, shall pay fees under this Section. Exempted entities include City -franchised cable TV, cable modem, natural gas, telecommunications, and electrical power. Half of this fee must be paid upon application and the remainder when the permit(s) is issued. There are additional construction permit fees which are also payable upon issuance. The fee will be based upon percentages of the estimated cost of improvements using the following formula: $100,000.00 or less 5% of cost Over $100,000.00 but less than $200,000.00 $5,000.00, plus 4% of cost over $100,000.00 $200,000.00 and over $9,000.00, plus 3% of cost $200,000.00 and over F. RELEASE OF EASEMENT FEES: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9-1 RMC, Easements. 39 ORDINANCE NO. G. RIGHT-OF-WAY USE PERMIT FEES — REVOCABLE PERMITS FOR THE USE OF EXCESS PUBLIC RIGHT-OF-WAY: These fees are payable at the time of application. The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9-2 RMC, Excess Right -of -Way Use. Single family and two-family uses $10.00 annually, plus leasehold excise tax', if applicable All uses without public benefit 0.5% per month of property value of land to be utilized, plus leasehold excise tax', if applicable. Payable yearly in advance. Uses with public benefit 0.5% per year of assessed value of land adjoining the property, plus leasehold excise tax', if applicable. In no case less than ten dollars ($10.00). Payable arly in advance. m, , , • , , , , , . - - • . P. - - - - ] - , - -- • - - ] --- 1- • -,- - -- ---- - lllulu 1J lluluUy 1111�.1VJGU a luAJullVJU uAlilbu ILIA ilrall1DL V,GO .l. V Ui,LG1111111GU W111L+11 R1G lW V hundred fifty dollars ($250.00) per annum or more. Such tax shall be imposed at the rate as established by the State of Washington, Department. of Revenue. 2 Right-of-way value shall be based on the assessed value of the land adjoining the property as established by the King County Assessor. Insurance Required: Public liability and property damage insurance is also required pursuant to RMC 9-2-513, Minimum Permit Requirements for Excess Right -of -Way Use. 40 ORDINANCE NO. Exception for Public Agencies: A no fee permit may be issued only when the applicant is a public agency and when the proposed use of the right-of-way provides a direct service to the public (e.g., METRO applications for right-of-way for bus shelters). H. STREET AND ALLEY VACATION FEES: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9-14 RMC, Vacations. a,.. Tvc�e: of Fee Ws , F6e. Arn t... .. , . Filing fee $250.00 payable at time of application Processing and completion fee $250.00 payable upon Council approval of the vacation I. TEMPORARY UTILITY CONNECTION FEES: Temporary Corinectiflns Surface UVater Fee_Wa er Incl. Water Temporary connections to a City Annual fee equal to ten percent Annual fee equal to ten utility system may be granted for (10%) of the current system percent (10%) of the a one-time, temporary, short-term development charge applicable current system use of a portion of the property to that portion of the property, development charge for a period not to exceed three but not less than three hundred applicable to that (3) consecutive years fifty dollars ($350.00) per years portion of the property, but not less than seven hundred fifty dollars ($750.00) per year' 'Said fee shall be paid annually (nonprorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit to the system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and a boundary line of the proposed development service area for use in the fee determination. SECTION XIII. Chapter 4-1-210, Waived Fees, of Chapter 1, Administration and Enforcement, 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: 41 ORDINANCE NO. 4-1-210 WAIVED FEES: A. GENERAL The Renton City Council shall, upon stating an equitable or legal reason for waiver, have the authority to waive any and all fees authorized under this Chapter of Title 4. B. OWNER -OCCUPIED HOUSING INCENTIVE To encourage owner -occupied housing in the CD, and RM-U, and RM-T zones, certain development and mitigation fees for "For Sale" housing may be waived for eligible projects, subject to City Council approval. Fees which may be waived include building permit fees, utility system development charges, Public Works plan review and inspection fees, and impact mitigation fees. Waived fees will be replenished from tax revenues from the projects over time. The fee waivers apply to multi -family housing projects with four (4) or more dwelling units each in the CD, RM-U, or RM-T zones. These fee waivers are effective for building permits issued after August 13, 2001, and will sunset on October 1, 2007, unless extended by City Council action. SECTION XIV. A new Chapter, 4-1-230, Sureties and Bonds, of Chapter 1, Administration and Enforcement, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of t he City of Renton, Washington" is hereby added, to read as follows: 4-1-230 SURETIES AND BONDS A. City Approval Required: All sureties posted with the City shall be approved as to form by the City Attorney and approved by the Administrator as to amount and adequacy. The City's decision as to the acceptability of the security shall be conclusive. 42 ORDINANCE NO. B. Types of Security Accepted for Public Works Construction Permits and Future Public Works Street/Utility Maintenance Requirements: In order to ensure protection of City -owned facilities and ensure completion of required improvements to City standards, the City requires one of the following types of security in consideration of issuance of a Public Works Construction Permit: 1. Cash, 2. Letter of credit, 3. Set aside letter provided that the funds cannot be withdrawn, spent, or committed to any third party, 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval, or 5. Performance or Maintenance Bond. C. Types of Security Accepted for All Other Purposes: The following security devices are acceptable for the purposes of deferral requests, occupancy permit requests in advance of installation of required landscaping or other improvements, critical areas mitigation performance, and critical areas monitoring/maintenance: 1. Cash, 2. Letter of credit, 3. Set aside letter provided that the funds cannot be withdrawn, spent, or committed to any third party, or 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. 43 ORDINANCE NO. D. Security Requirements: 1. Payable to City: Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. 2. Security Requirement Binding: The requirement of the posting of any security shall be binding on the applicant and the applicant's heirs, successors and assigns. 3. Purpose of Security: Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. 4. Agreement Required: In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney's fees. The applicant shall enter into an agreement with the City requiring payment of such attorney's fees and litigation costs. 5. Effect of Lapse of Security: Any security that, according to its terms, lapses upon a date certain, will cause the associated city approval (e.g. deferral, Temporary Occupancy Permit, etc.) to lapse on that same date unless adequate substitute security has been posted prior to the termination date of the prior security. 6. Transfer of Responsibility: Whenever security has been accepted by the City, then no release of the owner or developer upon that security shall be granted unless a new party has been obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners association or property owners association, then it shall be necessary for the owners association to have voted to assume the obligation before the City may accept the security, and a duly certified copy of the minutes of the owners association shall be filed with the City along with the security to the City. 44 ORDINANCE NO. 7. City Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one party for another on any security if the Reviewing Official feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 8. Default: In the event that improvements are not completed as required or maintenance is not performed satisfactorily, the Administrator shall notify the applicant/developer, property owner and guarantor in writing. The notice must state the specific defects that must be remedied and the date the work shall be completed. 9. Proceeding Against Security: In the event the applicant, developer, property owner, and/or guarantor fails to complete all improvement work required in compliance with this Title, and the City shall have to complete the improvements, the City reserves the right, in addition to all other remedies available to it by law, to proceed against the security for funds necessary to complete the improvements. If the amount of security shall be less than the expense incurred by the City, the applicant, developer, and/or property owner shall be liable to City for the difference. 10. Release of Sureties for Private/On-site Improvements: Sureties for completed or partially completed private/on-site improvements shall not be released except upon written approval of the Administrator. 11. Release of Sureties for Public Improvements: Sureties for completed or partially completed public improvements shall not be released except under the following conditions: a. The developer has submitted a schedule of improvements, the sequence for completion, and the value of each part of the public improvement for which a release of surety shall be sought. 45 ORDINANCE NO. b. Each segment of the public improvement shall be useable by itself without the completion of the remainder of the improvement. c. Each segment of the public improvement shall receive final inspection and approval of the City before release of the surety for that part of the improvement. d. All partial releases on each public improvement shall constitute no more than 100 percent of estimated value of the entire completed improvement. e. All releases of surety shall be approved in writing by the Administrator. SECTION XV. Section 4-2-030.E of Chapter 2, Zoning Districts — Uses and 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: E. DESIGNATION OF SPECIAL ZONING CATEGORIES AND TIME LIMITATIONS: Properties having a zoning category subject to a time limitation, such as a Planned Urban Development approval or reversionary zoning, and those properties under contract rezone shall be specially designated on the Zoning Map to indicate their special nature and give notice to the public that further inquiry into their zoning status is necessary. SECTION XVI. The Table Section entitled "Maximum Housing Density" of Section 4-2-110.A, of Chapter 2, Zoning Districts — Uses and 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: 4-2-110.A Development Standards for Single Family Residential Zoning Designations RC R-1 R-4 R-8 Maximum 1 dwelling 1 dwelling 4 dwelling units 8 dwelling Housing unit per 10 unit per 1 net per 1 net acre13 units per 1 net Density"14 net acres acre acre 46 ORDINANCE NO. SECTION XVII. A new subsection, 4-2-110.D.14, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 4-2-110.D CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR SINGLE FAMILY RESIDENTIAL ZONING DESIGNATIONS 14. Covenants filed as part of any final plat shall establish that future division of land within the plat must be consistent with the maximum density requirements as measured within the plat as a whole as of the time of future division. SECTION XVIII. In Sections 4-2-120.A and B, the subsections entitled "Special Requirements for Properties Located within the Green River Valley Planning Area" of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby deleted. SECTION XIX. In Section 4-2-130.A, the subsection entitled "Special Requirements for Properties Located within the Green River Valley Planning Area," of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted. SECTION XX. Section 4-4-040.E.5 of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 47 ORDINANCE NO. "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 5. Special Provisions: Fences for mobile home parks, subdivisions or planned urban development and for sites which are mined, graded or excavated may vary from these regulations as provided in the respective code sections. SECTION XXI. Section 4-4-070.D.6 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 deleted. SECTION XXII. Subsection 4-6-030.C.1.i of Chapter 6, Street and Utility 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: i. Planned urban development; SECTION XXIII. Section 4-7-070.N of Chapter 7, Subdivision 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: N. LIMITATIONS ON FURTHER SUBDIVISION Any land subdivided under the requirements of this Section shall not be further divided for a period of five (5) years without following the procedures for subdivision. Further short subdivision of lot(s) must be consistent with the then -current applicable maximum density requirement as measured within the plat as a whole. SECTION XXIV. Section 4-7-170.0 of Chapter 7, Subdivision 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: 48 ORDINANCE NO. C. MINIMUM SIZE The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then -current applicable maximum density requirement as measured within the plat as a whole. SECTION XXV. Sections 4-7-230.A-H of Chapter 7, Subdivision Regulations, 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: A. PURPOSE AND INTENT: The purpose of this Section is to allow for: 1. Optional Methods of Subdivision: To provide an optional process for the division of land classified for industrial, commercial, or mixed use zones CN, CV, CA, CD, CO, COR 1, COR 2, COR 3, UC-Nl, UC-N2, IL, IM, and IH through a binding site plan as authorized in RCW Chapters 58.17 and 64.34. This method may be employed as an alternative to the subdivision and short subdivision procedures in this Chapter. 2. Alternative Ownership Options or Alternative Standards: To allow for alternative ownership options and/or the ability to modify development standards that are otherwise required by the binding site plan process by allowing binding site plan application with a commercial condominium process pursuant to RCW Chapter 64.34, and/or planned urban development process pursuant to RMC 4-9-150. ORDINANCE NO. 3. Procedural Requirements: To specify the administrative requirements for the review and approval of binding site plans that are in addition to the procedural requirements of chapter 4-8 RMC and other applicable provisions of the City development regulations. B. APPLICABILITY: 1. All proposals for binding site plans shall be subject to the provisions of this Section. A binding site plan may be processed in one of three ways: a. Standard Binding Site Plan: A standard binding site plan creates or alters existing lot lines, subject to the development standards of the underlying zoning district. b. Commercial Condominium with Binding Site Plan: Where the development standards of the underlying zoning district cannot be achieved through a binding site plan, a binding site plan with condominium ownerships allow for greater flexibility in the sale and lease of commercial and industrial sites. This alternative allows the site in question to be treated as a single lot when applying the development standard for the underlying zone. c. Planned Urban Development with Binding Site Plan: Where the development standards of the underlying zoning district cannot be achieved through a Binding Site Plan, a binding site plan merged with a planned urban development allows for greater flexibility in the lot and infrastructure layout and development of the binding site plan provided planned urban development criteria are met including provision of a public benefit. 2. A binding site plan may be reviewed and approved: a. As a separate mechanism for the division of commercial and industrial land; 50 ORDINANCE NO. b. Merged with a site plan review under RMC 4-9-200, development agreement under the authority of RCW 36.70B.170, or both a site plan and development agreement per the criteria listed in this Section. A development agreement may include standards and decision criteria that apply to a binding site plan application in lieu of the standards and criteria contained in this Section. Per RCW 36.70B.170 through 36.70B.210, a development agreement shall not be more permissive than the development standards of the underlying zoning district or other applicable development standards. c. Merged with a planned urban development per RMC 4-9-150. d. Independently for pre-existing developed sites, concurrent with or subsequent to a site development permit application for undeveloped land, or concurrent with or subsequent to a building permit application. C. APPROVAL CRITERIA: Approval of a binding site plan or a commercial condominium site shall take place only after the following criteria are met: 1. Legal Lots. The site that is subject to the binding site plan shall consist of one or more contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed in the applicable zoning district. New non -conforming lots shall not be created through the binding site plan process. 51 ORDINANCE NO. 2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met, the binding site plan shall be processed as a commercial condominium site per RMC 4-7-230D or merged with a planned urban development application per RMC 4-9-150. Commercial or Industrial Property. The site is located within a commercial, industrial, or mixed -use zone. 4. Zoning Code Requirements. Individual lots created through the binding site plan shall comply with all of the zoning code requirements and development standards of the underlying zoning district. Where minimum lot dimensions or setbacks cannot be met, the binding site plan shall be processed as a commercial condominium site per RMC 4-7- 230D. a. New Construction. The site shall be in conformance with the zoning code requirements and development standards of the underlying zoning district at the time the application is submitted. b. Existing Development. If the site is non -conforming prior to a binding site plan application, the site shall be brought into conformance with the development standards of the underlying zoning district at the time the application is submitted. In situations where the site cannot be brought into conformance due to physical limitations or other circumstances, the binding site plan shall not make the site more non -conforming than at the time a completed application is submitted. c. Under either new construction or existing development, applicants for binding site plan may proposed shared signage, parking, and access if they are specifically 52 ORDINANCE NO. authorized per RMC 4-4-080.E.3, RMC 4-4-100.E.5,and RMC 4-4-080.I.7, and other shared improvements as authorized in other sections of the City's development standards. 5. Building Code Requirements. All building code requirements have been met per RMC 4-5-010. 6. Infrastructure provisions. Adequate provisions, either on the face of the binding site plan or in a supporting document, have been made for drainageways, alleys, streets, other public ways, water supplies, open space solid waste, and sanitary wastes, for the entire property covered by the binding site plan. 7. Access to Public Rights -of -ways and Utilities. Each parcel created by the binding site plan shall have access to a public street, water supply, sanitary sewer, and utilities by means of direct access or access easement approved by the City. 8. Shared Conditions. The Administrator may authorize sharing of open space, parking, access, signage and other improvements among contiguous properties subject to the binding site plan and the provisions of RMC 4-4-080.E.3, RMC 4-4-100.E.5, and RMC 4-4-080.I.7. Conditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, signage and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar properly recorded mechanism. 9. Future Development. The binding site plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded binding site plan. 53 ORDINANCE NO. 10. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the binding site plan. 11. Suitable Physical Characteristics. A proposed binding site plan may be denied because of flood, inundation, or wetland conditions, or construction of protective improvements may be required as condition of approval. D. ADDITIONAL CRITERIA FOR BINDING SITE PLANS PROPOSING COMMERCIAL CONDOMINIUM SITES OR MERGING WITH PLANNED URBAN DEVELOPMENT APPLICATION 1. Condominium — Applicability. Where subdivision of a commercial or industrial site will result in individual lots which cannot meet the development standards of the underlying zoning district, the condominium option allows for the conversion of lease space to condominiums without further subdivision of land. These standards are in addition to the requirements of RMC 4-7-230C. 2. Condominium — Approval. Condominium developments are eligible for binding site plan approval, when the purpose of such approval is to divide the property so that the parcel or tract, or a portion thereof, can be subject to RCW Chapter 64.34 (Condominium Act). A condominium can only be recorded either when the development has already been constructed to City standards established through a binding site plan or a building permit for new development has been issued. Binding site plans for condominiums sites shall be in conformance with RCW Chapter 64.34 and RMC 4-9-040. The binding site plan shall also include conditions requiring that the condominium is recorded per the provisions of RCW Chapter 64.34. 54 ORDINANCE NO. 3. Planned Urban Development. To allow for the ability to modify development standards that are otherwise required by the binding site plan process, a binding site plan application may be merged with a planned urban development application pursuant to RMC 4-9-150. E. APPLICATION REQUIREMENTS: 1. General Requirements. All applications for binding site plans must conform to the requirements of RMC 4-8-120. F. REQUIRED IMPROVEMENTS: 1. Improvements. The following tangible improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a binding site plan may be recorded: grading and paving of streets and alleys, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, together with all appurtenances thereto to specifications and standards of this code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineering plans prepared per the City Drafting Standards. 2. Phasing of Improvements. To satisfy these requirements, the Administrator is authorized to impose conditions and limitations on the binding site plan. If the Administrator determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Administrator may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building's certificate of occupancy, or in accordance with an approved phasing plan, or in accordance with plans established by a development agreement or as otherwise permitted or required under City code. 55 ORDINANCE NO. G. ACCESS REQUIREMENTS: Access requirements and street design and development standards shall be provided in accordance with RMC 4-6-060, unless superseded by the terms of a development agreement as provided by RMC 4-7-230J Merger with Development Agreement. New public roads shall be provided for lot access where determined by the Administrator to be reasonably necessary as a result of the proposed development or to make appropriate provisions for public roads. Establishment of public roads may also be proposed by the applicant. H. PERMIT PROCEDURES FOR BINDING SITE PLAN APPROVAL: 1. Permit Type: Binding site plans shall be processed as Type III permits in accordance with the procedures in chapter 4-8 RMC for Type III permits and the standards and criteria set forth in this Section, unless the applicant elects to merge the binding site plan application with the site plan review process or combined site plan/planned action review process in which case the binding site plan shall be processed in accordance with the procedures set out in chapters 4-8 and 4-9 RMC. If a binding site plan permit is processed concurrently, but not merged with another permit process, then the binding site plan application shall be processed as a Type III permit. 2. Review Authority: Pursuant to chapter 4-8 RMC, the Responsible Official for a binding site plan application shall be the Administrator, unless the applicant elects to have the binding site plan application merged with a Type VI permit site plan application or a development agreement under chapter 36.70B RCW. If a binding site plan application is to be processed with a Type VI site plan, then the responsible Reviewing Official shall be the Hearing Examiner. If a binding site plan application is to be processed with a development agreement, the 56 ORDINANCE NO. responsible Reviewing Official shall be the City Council. The final decision on a development agreement with an application for a binding site plan shall be made by City Council. No administrative appeal of the City Council decision shall be available. If a binding site plan is merged with a planned urban development application, the review authority shall be determined pursuant to RMC 4-9-150. SECTION XXVI. Sections 4-7-230.J-K of Chapter 7, Subdivision Regulations, 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: J. MERGER WITH DEVELOPMENT AGREEMENT: If a binding site plan is merged with a development agreement, in the event of a conflict between the terms of the development agreement and this Section, the terms of the development agreement shall control. Per RCW 36.70B.170-36.70B.210, a development agreement shall not be more permissive than the applicable development standards. K. REVIEW AUTHORITY DECISION: 1. Action: The responsible Reviewing Official shall review and act upon binding site plans based upon the general criteria in this Section and other criteria applicable to the site plan or development agreement with which the applicant elects to merge the binding site plan application. Every decision made under this Section shall include findings of fact and conclusions to support the decision. 2. Approval: If the Reviewing Official finds the proposed binding site plan is in conformance to the standards and requirements of this Section, then it shall be approved. 57 ORDINANCE NO. 3. Approval with Modifications: If modification(s) are deemed necessary by the Reviewing Official, then they may be added to the binding site plan or a revised binding site plan may be required. The applicant shall be notified of any such modification action. 4. Referral to the Hearing Examiner: Except when a binding site plan is merged with a development agreement, if the Administrator determines that there are sufficient concerns by residents in the area of the binding site plan, or by City staff, to warrant a public hearing, then he/she shall refer the binding site plan to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing will be given as for a Type VI permit hearing. Binding site plans merged with development agreements shall be approved by City Council pursuant to the requirements of RCW 36.70B.170 et seq. 5. Denial: If the binding site plan is denied by the Reviewing Official, the applicant shall be notified in writing of the decision, stating the reasons therefore. 6. Reconsideration: Any party may request that an application, on which the Reviewing Official has made a decision, be reopened by the Reviewing Official if it is found that new information that was not previously available has come to light that might affect the action taken by the Reviewing Official. Requests for reconsideration must be filed within fourteen (14) days of the date of the decision. SECTION XXVII. Section 4-7-230.N of Chapter 7, Subdivision 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: W. ORDINANCE NO. N. BINDING EFFECT: 1. Vesting: Upon filing of a complete application for a binding site plan, the application shall be considered under the binding site plan ordinance, the zoning, and other development regulations in effect on the date of application for the land uses and development identified in the binding site plan application or identified in a complete site plan review application filed in conjunction with or processed concurrently with a binding site plan application. 2. Legal Lots: Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. 3. Enforceable: Approved binding site plans shall be enforceable by the City. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the binding site plan. The binding site plan shall include a provision requiring that any subsequent development of the site shall be in conformance with the approved binding site plan. A sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval, shall be considered a violation of this Section, shall be a nuisance and may be subject to an injunction action in Superior Court or such other remedies provided by City code. SECTION XXVIII. A new Section, 4-8-050.E, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 59 ORDINANCE NO. E. EXEMPTIONS FROM STATE PROCEDURAL REQUIREMENTS FOR NON - PROJECT PERMITS: RCW 36.70B.020 excludes certain actions from the definition of project permits, particularly nonproject legislative actions. The adoption or amendment of a comprehensive plan, subarea plan, or development regulations that do not involve site -specific rezones are exempt from procedures requiring environmental review to be completed prior to the legislative hearing. SECTION XXIX. Sections 4-8-070.H and I of Chapter 8, Permits — General and Appeals, 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: H. HEARING EXAMINER: 1. Authority: The Hearing Examiner shall review and act on the following: a. Appeals of any administrative decisions/determinations (including, but not limited to, parking, sign, street, tree cutting/routine vegetation management standards, and Urban Center Design Overlay District regulations) and ERC decisions, excepting determinations of whether an application is a bulk storage facility which shall be appealable to the City Council, b. Appeals relating to RMC 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, c. Bulk storage special permit and variances from the bulk storage regulations, d. Conditional approval permit for nonconforming uses, e. Conditional use permit, f. Fill and grade permit, special, .e ORDINANCE NO. Plan, g. Master Plan review (overall plan) and major amendments to an overall Master h. Mobile home parks, preliminary and final, i. Planned urban development, preliminary, when associated with an existing development that proposes a binding site plan, j. Planned urban development, final k. Shoreline conditional use permit, 1. Shoreline variance, in. Short plat — five (5) to nine (9) lots, n. Site plan approvals requiring a public hearing, o. Special permits, p. Variances from the critical areas regulations listed in RMC 4-9-250B1, the land clearing and tree cutting regulations, the wireless communication facility development standards, the provisions of the subdivision regulations relating to short plats, and variances associated with a development permit that requires review by the Hearing Examiner, q. Building permits submitted in conjunction with any of the above, and 2. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of chapter 4-2 RMC, Land Use Districts, in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing districts, accompanying and made part of this Code, in cases where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid. 61 ORDINANCE NO. 3. Recommendations: The Hearing Examiner shall hold a hearing and make recommendations to the City Council on the following: above a. Rezones, site specific, in conformance with the Comprehensive Plan, b. Preliminary plats, c. Planned urban developments, preliminary, except those under subsection l.j d. Special permits requiring Council approval, e. Variances from the provisions of the subdivision regulations relating to a full subdivision. 4. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee or the Planning/Building/Public Works Administrator or his or her designee in the administration of this Title shall be appealable to the Hearing Examiner as an administrative determination pursuant to RMC 4-8-110.E, Appeals. I. CITY COUNCIL: The City Council shall review and act on the following: 1. Annexations, 2. Appeals of Hearing Examiner decisions (any appeal from a Hearing Examiner's decision, whether an appeal from an administrative determination or an original decision, shall be appealable to the City Council pursuant to RMC 4-8-110.E.8), 3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage facility, 4. Comprehensive Plan map or text amendment, 5. Dedications of property for public purposes, 62 ORDINANCE NO. 6. Development and zoning regulations text amendment, 7. Final plats, 8. Preliminary plats, 9. Planned urban developments, preliminary, 10. Release of easements, 11. Rezones with associated Comprehensive Plan amendment, 12. Rezones with associated Comprehensive Plan map or text amendment, 13. Street vacations, 14. Variances from the provisions of the subdivision regulations relating to a full subdivision. SECTION XXX. Sections 4-8-080.C-E of Chapter 8, Permits — General and Appeals, 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: C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS: 1. Optional Process Resulting in a Single Open Record Public Hearing: An applicant may elect to have the review and decision process for required permits consolidated into a single review process. Consolidated review shall provide for only one open record hearing and no more than one closed record appeal period. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11- 680, Appeals. Where hearings are required for permits from other local, State, regional, or Federal agencies, the City will cooperate to the fullest extent possible with the outside agencies to hold a single joint hearing. A flowchart showing the timeline for processing a combined land 63 ORDINANCE NO. use, environmental, and building permit application is included in subsection H of this Section. 2. Review Authority for Multiple Permit Applications: Where more than one land use permit application is required for a given development, an applicant may file all related permit applications concurrently, pay appropriate fees, and the processing may be conducted under the consolidated review process. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest -number procedure, as identified in subsection G of this Section, and highest level of review authority, as identified in RMC 4-8-070, that applies to any of the applications. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11- 680, Appeals. D. TIME FRAME BASED ON PERMIT TYPE: The flowcharts in subsection H of this Section indicate timelines for each of the eleven (11) land use permit types, as discussed in subsection G of this Section. For permit types I through VIII, the timelines include the statutory requirement that requires the issuance of a letter of completeness within twenty eight (28) days of the application submittal, pursuant to RCW 36.70B.070(1), and the provision for final decisions on permits within one hundred twenty (120) days of receipt of a complete application. In addition, there is a generalized flowchart for the consolidated review process. (Amd. Ord. 4974, 6-24-2002) E. TIME FRAMES — MAXIMUM PERMITTED: Final decisions on all Type I through Type VIII permits and reviews subject to the procedures of this Chapter shall occur within one hundred twenty (120) days from the date an 64 ORDINANCE NO. application is deemed complete, unless the applicant consents to an extension of such time period. If a project application is substantially revised by an applicant, the one hundred twenty (120) day time period shall start again after the revised project application is determined to be complete. Development applications which are specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, are not subject to this time frame. SECTION XXXI. Table Subsections IV, VI, VII, IX, and X, and the Table Legend, of Section 4-8-080.G, Land Use Permit Procedures, of Chapter 8, Permits — General and Appeals, 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: LAND USE PUBLIC RECOMMEND- OPEN DECISION/ OPEN CLOSED JUDICIAL PERMITS NOTICE OF ATION RECORD, ADOPTION CORD RECORD ,PEAL APPLICATION HEARING APPEAL HEARING TYPE IV4 Variances, PBPW Administrators (and building Yes NA Admin. Admin. SC permits submitted in conjunction with above) TYPE VI4 Bulk Storage Yes Staff HE HE CC Sc Special Permit Conditional Use Permit Yes Staff HE HE CC SC (Hearing Examiner) Fill and Grade Yes Staff HE HE CC SC Permit, Special Master Site Plan Approval Yes Staff HE HE CC SC (overall plan) 65 ORDINANCE NO. LAND USE PUBLIC RECOMMEND- OPEN DECISION/ OPEN CLOSED JUDICIAL PERMITS NOTICE OF APPLICATION ATION RECORD? ADOPTION CORD APPEAL RECORD APPEAL HEARING HEARING Mobile Home Parks, Yes Staff HE HE CC SC Preliminary and Final Planned urban development, Yes Staff HE HE CC SC final Planned urban development, preliminary, when associated with Yes Staff HE HE CC SC an existing development that proposes a binding site plan Shoreline Conditional Yes Staff HE DOE, HE SHB Use Permit Shoreline Variance Yes Staff HE DOE, HE SHB Short Plats — 5 Yes Staff HE HE CC to 9 Lots Site Plan Review (Hearing Yes Staff HE HE CC Examiner) with Environmental Review Special Permits Yes Staff HE HE CC Variances (associated with Hearing Yes Staff HE HE CC Examiner land use review) Building Permits Yes Staff HE HE CC submitted in coniunction ORDINANCE NO. LAND USE PUBLIC NOTICE OF RECOMMEND- OPEN DECISION/ OPEN CLOSED JUDICIAL PERMITS APPLICATION ATION RECORD ADOPTION CORD RECORD ,PEAL HEARING APPEAL HEARING with any of the above Environmental Yes No No Staff HE CC SC Review Site Plan Review (administrative) Yes No No Staff HE CC SC with Environmental Review TYPE VII4 Preliminary Plats — 10 Lots Yes Staff, HE HE CC SC or More Planned Urban Developments (preliminary, Yes Staff, HE HE CC SC except as shown under Type VI) Rezones (site - specific, not associated with a Yes Staff, HE HE CC SC Comprehensive Plan amendment) Building Permits submitted in Yes Staff, HE HE CC SC SC conjunction with any of the above TYPE IX4 Development Regulation Text Yes Staff CC CC GMHB Amendments — Except Those Referred to ORDINANCE NO. LAND USE PUBLIC RECOMMEND- OPEN DECISION/ OPEN CLOSED JUDICIAL PERMITS NOTICE OF ATION RECORD, ADOPTION CORD RECORD APPEAL APPLICATION HEARING APPEAL HEARING Planning Commission TYPE X4 Comprehensive Plan Text Yes Staff, PC PC, CC CC GMHB Amendments Comprehensive Plan Map or Text Yes Staff, PC PC, CC CC GMHB Amendments with associated Rezones Development Regulation Text Amendments Yes Staff, PC PC, CC CC GMHB Referred to Planning Commission LEGEND: Staff — Planning/Building/Public Works Division Staff ERC — Environmental Review Committee PC — Planning Commission Admin. — Planning/Building/Public Works Administrator or his/her designee HE — Hearing Examiner CC — City Council DOE — Washington State Department of Ecology SC — Superior Court SHB — Shoreline Hearings Board GMHB — Growth Management Hearings Board NA — Not Applicable M ORDINANCE NO. FOOTNOTES: 1. SEPA exempt or for which the SEPA/land use permit process has been completed. 2. Administratively approved. 3. In lieu of the public notice requirements of RMC 4-8-090, public notice of a SEPA exempt temporary use permit shall consist of the on -site installation of a 24" x 30" sign meeting the requirements of RMC 4-9-240E. At the discretion of the Administrator, additional notice may be required. 4. Environmental review may be associated with a land use permits. The Environmental Review Committee (ERC) is responsible for environmental determinations. 5. The Planning/Building/Public Works Administrator or his/her designee shall hear variances where not associated with a development that requires review by the Hearing Examiner. 6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to 30 days to make a decision on a permit. This time period does not count toward the 120-day maximum time limit for permit decisions. DOE's decision is followed by a 21-day appeal period, during which time no building permit for the project maybe issued. 7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing. 8. Street vacations are exempt from the 120-day permit processing time limit. 9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit. SECTION XXXII. The following subsections of Type VI, VII, IX, and X of Section 4-8- 080.H, Review Processes, of Chapter 8, Permits — General and Appeals, of Title IV ORDINANCE NO. (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: Type VI — Land Use Permits Hearing Examiner/Environmental Review Process Letter Environmental Environmental Application of Complete Public Notice Threshold Decision Hearing Hearing Examiner Open Hearing Examiner Appez Submittal Application of Application Determination' Notice Publishedz Record Public Hearing3 Decision Period Ei I I I Staff Review I 28 days max. 14 days max. 14 days min. 6 days max. 15-29days 10 days Type VI — Environmental Review Committee and Hearing Examiner: Bulk Storage Special Permit Conditional Use Permits (Hearing Examiner) with associated Environmental Review Fill and Grade Permit, Special Master Site Plan Approval (overall plan) and Mobile Home Parks, Preliminary and Final Shoreline Conditional Use Permit and Shoreline Variance — Also requires approval of Washington State Department of Ecology (DOE)4 Planned urban development, final Planned urban development, preliminary, when associated with an existing development that proposes a binding site plan Short Plats of 5 to 9 lots — Environmental Review normally not required, unless previously short platted or on lands covered by water Site Plan Review (Hearing Examiner with associated Environmental Review) and Special Permits 70 ORDINANCE NO. Variances, with associated Hearing Examiner Land Use Review Building Permits submitted in conjunction with any of the above 1. Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application. 2. Comment/Appeal Period may include: 1) a 14-day appeal period with no comment period, 2) a 15-day combined comment/appeal period, or 3) a separate 15-day comment period followed by a 14-day appeal period. 3. Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable. 4. DOE has up to 30 days to make a decision on a Shoreline Conditional Use Permit and Variance Permit. This time period does not count toward the 120-day maximum time limit for permit decisions. 5. For Shoreline Conditional Use Permits and Variances, a Building Permit shall not be issued until 21 days after the permit decision. Type VII — Land Use Permits City Council/Hearing Examiner Environmental Review Process Ernironmental Erroronmental Hearing Examiner Letter of Complete Public Notice of Threshold Decision Hearing Open Record Public Hearing Examiner City Council Submittal Application Application Determination' Notice Published' Hearing' Recommendation Decision Appeal Period Ends I I StafiReriew I I I I I Appeal Period 28 days max. 1 14 days max 14 days min. 6 days 15-29 days W days 14 days 120 days max. Type VII — City CounciUHearing Examiner/Environmental Review Process: Preliminary Plats 71 ORDINANCE NO. Planned urban developments, Preliminary Building Permits submitted in conjunction with any of the above Rezones, site -specific in conformance with Comprehensive Plan 1. Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application. 2. Comment/Appeal Period may include: 1) a 14-day appeal period with no comment period, 2) a 15-day combined comment/appeal period, or 3) a separate 15-day comment period followed by a 14-day appeal period. 3. Open Record Appeal of Environmental Threshold Determination may be included in Public Hearing (Hearing Examiner) if applicable. 4. Appeal of City Council decision to King County Superior Court. Type IX — Land Use Permits City Council/Environmental Review/Staff City Council Open Record Application Submittal Letter of Complete Application Public Notice of Application Public Hearing City Council Decision Appeal Period Ends max. 14 days max. 14 days min. .Environmental Determination Type IX — City Council/Environmental Review Committee (ERC)/Staff Development Regulation Amendments except those referred to Planning Commission 1. Environmental Threshold Determination shall not be issued prior to a 14-day comment period following the mailing of public notice of the development application. Any required 72 ORDINANCE NO. comment and/or appeal period must be completed before action is taken. 2. Comment/Appeal Period may include: 1) a 14-day appeal period with no comment period, 2) a 15-day combined comment/appeal period, or 3) a separate 15-day comment period followed by a 14-day appeal period. 3. Any appeal of Environmental Decision shall be heard before the Hearing Examiner. Type X 3- Land Use Permits City Council/Planning Commission/Environmental Review Process Letter of Complete Planning Comission Open : Planning Commission Application Submittal Application Public NoticeIof Application Record Recom Iendation City Coun it Decision Appeal Plriod Ends 28 days max. 14 days max, 14 days min. 21 days :Environmental Determination 1' 2 go Type X 3- City Council/Planning Commission/Environmental Review Process: Comprehensive Plan Map or Text Amendments Rezones with associated Comprehensive Plan Map Amendments Development Regulations Text Amendments Referred to Planning Commission 1. For Comprehensive Plan Map Amendments or Rezones with associated Comprehensive Plan Map Amendments: Environmental Threshold Determination shall not be issued prior to a 14-day comment period following public notice of proposal. Any required SEPA comment and/or appeal periods shall conclude prior to legislative hearing. Any appeal of Environmental Decision shall be heard before the Hearing Examiner. 2. For Comprehensive Plan Text Amendments or Development Regulation Text Amendments: Environmental Threshold Determination shall not be issued prior to a 14-day comment period following public notice of proposal. Any required comment and/or appeal 73 ORDINANCE NO. period must be completed before action is taken. Any appeal of Environmental Decision shall be heard before the Hearing Examiner. 3. Type X Land Use Permits are exempt from the requirements of State Regulatory Reform Act. SECTION XXXIII. A new Section, 4-8-090.G, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: G. Failure to receive such mailed notification as may be required in subsections A to F shall have no effect upon the proposed action or application. SECTION XXXIV. Subsection 4-8-110.E.2 of Chapter 4-8-110.E, Appeals to Examiner of Administrative Decisions and Environmental Determinations, of Chapter 8, Permits — General and Appeals, 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. Optional Request for Reconsideration: See RMC 4-9-070 N. SECTION XXXV. Subsection 4-8-110.E.3.a of Chapter 4-8-110.E, Appeals to Examiner of Administrative Decisions and Environmental Determinations, of Chapter 8, Permits — General and Appeals, 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: a. Standing for Filing Appeals of the City's Environmental Determinations: Appeals from environmental determinations as set forth in 4-8-110.E.Lb or 4-9-070.N may be taken to the Hearing Examiner by any person aggrieved, or by any officer, department, board or bureau of 74 ORDINANCE NO. the City affected by such determination. Any agency or person may appeal the City's compliance with chapter 197-11 WAC for issuance of a Threshold Determination. A person is aggrieved when all of the following conditions are met: The decision is prejudiced or is likely to prejudice that person; the person's asserted interests are among those that are required to be considered by the City when it made its decision; and a decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and prejudice means injury in fact. SECTION XXXVI. A new Section, 4-9-075, of Chapter 9, Permits — Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 4-9-075: PERMITS A. APPLICABILITY Utilities providing service within the City of Renton (Cable TV, cable modem, natural gas, telecommunications, and electrical) shall do so under approved franchise or agreement with the City. If, for any reason, a utility is allowed to provide service within the City of Renton without an approved agreement with the City, they shall be subject to the permitting requirements of this section. B. PERMIT REQUIRED Construction by one of these utilities within rights of way, easements, and on public property is subject to a permit. C. SUBMITTAL REQUIREMENTS FEES 1. FEES: Fees shall be stipulated in RMC 4-1-180A. 75 ORDINANCE NO. 2. SUBMITTAL REQUIREMENTS: Submittal requirements shall be stipulated by the Development Services Division. SECTION XXXVII. Subsection 4-9-150 of Chapter 9, Permits - Specific, 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: 4-9-150 PLANNED URBAN DEVELOPMENT REGULATIONS: A. PURPOSES: There are two (2) principal purposes of the Planned Urban Development regulations. First, it is the purpose of these regulations to preserve and protect natural features of the land. Second, it is also the purpose of these regulations to encourage innovation and creativity in the development of residential, business, manufacturing, or mixed use developments by permitting a variety in the type, design, and arrangement of structures and improvements. In order to accomplish these purposes, this Section is established to permit development which is not limited by the strict application of the City's zoning, parking, street, and subdivision regulations when it is demonstrated that such new development will be superior to traditional development under standard regulations. In consideration of the latitude given and the absence of conventional restrictions, the reviewing agencies, Hearing Examiner, and City Council shall have wide discretionary authority in judging and approving or disapproving the innovations which may be incorporated into Planned Urban Developments proposed under this Section. 76 ORDINANCE NO. B. APPLICABILITY: Any applicant seeking to permit development which is not limited by the strict application of the City's zoning, parking, street, and subdivision regulations in a comprehensive manner shall be subject to this Section. Any amendment to existing Planned Urban Developments shall be subject to this chapter. 1. Zones: Planned urban developments may be permitted in the following zoning districts, when processed and approved as provided in this Section: a. All zones, except R-1, R-4 and COR. 2. Code Provisions That May Be Modified: a. In approving a Planned Urban Development, the City may modify any of the standards of RMC 4-2, 4-4, 4-6-060, and 4-7 except as listed in subsection 3. All modifications shall be considered simultaneously as part of the Planned Urban Development. b. An applicant may request additional modifications from the requirements of RMC Title 4, except those listed in subsection 3. Approval for modifications other than those specifically described subsection 2.a shall be approved by the City Council prior to submittal of a preliminary Planned Urban Development plan. 3. Code Provisions Restricted from Modification: a. Permitted Uses: A Planned Urban Development may not authorize uses that are inconsistent with those uses allowed by the underlying zone, or overlay district, or other location restriction in RMC Title IV, including, but not limited to: RMC 4-2-010 to 4-2-080, RMC 4-3-010 to 4-3-040, RMC 4-3-090, RMC 4-3- 095, and RMC 4-4-010. 77 ORDINANCE NO. b. Density/Permitted Number of Dwelling Units: The number of dwellings units shall not exceed the density allowances of the applicable base or overlay zone or bonus criteria in RMC 4-2 or 4-9. c. Planned Urban Development Regulations: The City may not modify any of the provisions of this Section 4-9-150, Planned Urban Development; d. Procedures: The City may not modify any of the procedural provisions of Title IV, including but not limited to, fees, submittal requirements, and other similar provisions found in RMC 4-1, 4-7, 4-8 and 4-9; and e. Specific Limitations: The City may not modify any provision of RMC 4-3-050 Critical Areas Regulations, 4-3-090 Shoreline Master Program Regulations, RMC 4-4- 130, Tree Cutting and Land Clearing, RMC 4-4-060, Grading, Excavation and Mining Regulations, RMC 4-5, or RMC 4-6-010 to 050 and 4-6-070-110 related to utilities and concurrency, except that provisions may be altered for these codes by alternates, modification, conditional use, or variance as specifically allowed in the referenced Chapter or Section. Such alternates, modification, conditional use, or variance applications may be merged with the consideration of a Planned Urban Development per RMC 4-9-150.H. C. ROLES AND RESPONSIBILITY: 1. Development Services Division: The Development Services Division shall be responsible for the general administration and coordination of this Section. However, all proposed code modifications shall be reviewed at the same time by the Hearing Examiner and City Council. ORDINANCE NO. 2. Reviewing Agencies: City departments shall review each proposed Planned Urban Development in accordance with procedures in RMC 4-8 and 4-9 as appropriate. 3. Hearing Examiner: The Hearing Examiner is designated as the official agency of the City for the conduct of public hearings and for recommendation to the City Council for all requested code modifications and the overall proposal itself. 4. City Council: The City Council, upon recommendation by the Hearing Examiner and the other agencies detailed in the paragraph above, shall be the final approving agency under this Section for all requested code modifications and the overall proposal itself. D. DECISION CRITERIA: The City may approve a Planned Urban Development only if it finds that the following requirements are met. 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a Planned Urban Development, and that the development will not be unduly detrimental to surrounding properties. 2. Public Benefit Required: In addition, Applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed Planned Urban Development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than 79 ORDINANCE NO. would result from the development of the subject site without the proposed Planned Urban Development: a. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a Planned Urban Development; or b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topograpy, or non -critical area wildlife habitats, not otherwise required by other City regulations; or c. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a Planned Urban Development; or d. Overall Design: Provides a Planned Urban Development design that is superior in one or more of the following ways to the design that would result from development of the subject property without a Planned Urban Development: i. Open Space/Recreation: (a) Provides increased open space or recreational facilities beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and (b) Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or ii. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or ORDINANCE NO. iii. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed Planned Urban Development; or iv. Site and Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or v. Alleys: Provides alleys to at least 50 percent of any proposed single family detached, semi -attached, or townhouse units. 3. Additional Review Criteria: A proposed Planned Urban Development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the Planned Urban Development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, detached, attached, townhouses, etc. b. Circulation: i. Provides sufficient streets and pedestrian facilities. The Planned Urban Development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency ORDINANCE NO. vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. iv. Provides safe, efficient access for emergency vehicles. c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well - designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for LM ORDINANCE NO. screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. g. Parking Area Design: i. Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. ii. Adequacy: Provides sufficient onsite vehicular parking areas consistent with the parking demand created by the development as documented in a parking analysis approved by the City. Parking management plans shall ensure sufficient resident, employee, or visitor parking standards, and there shall be no reliance on adjacent or abutting properties unless a shared parking arrangement consistent with RMC 4-4-080 is approved. h. Phasing: Each phase of the proposed development contains the required parking spaces, open space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, so that each phase, together with previous phases, can stand alone. ORDINANCE NO. 4. Compliance with Development Standards: Each Planned Urban Development shall demonstrate compliance with the development standards contained in subsection E of this Section. E. DEVELOPMENT STANDARDS: 1. Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed provide either active or passive recreation. Requirements for residential, mixed use, commercial, and industrial developments are described below. a. Residential: For residential developments, open space must be equal to or greater in size than the total square footage of the lot area reductions requested by the Planned Urban Development, as illustrated in Figure 1. The open space shall not include a critical area and shall be concentrated in large usable areas. Stormwater facilities may be incorporated with the open space on a case -by -case basis if the Reviewing Official finds: i. The stormwater facility utilizes the the techniques and landscape requirements set forth in The Integrated Pond, King County Water and Land Resources Division, or an equivalent manual, or ii. The surface water feature serves areas outside of the Planned Urban Development and is appropriate in size and creates a benefit. Site Area: 1.5 acres Site Area: 1.5 acres ORDINANCE NO. Typical Lot Size: 4,500 sq. ft. Total Number of Lots: 12 Standard Subdivision Typical Lot Size: 3,500 sq. ft. Total Number of Lots: 12 Open Space: 4,500 s.f. minus 3,500 s.f. _ 1,000 s.f. x 12 lots = 12,000 sq. ft. Example Planned Urban Development Approach Figure 1. Common Open Space Example b. Mixed Use — Residential Portions: Subsections "i" to "v" specify common open space standards for the residential portions of mixed use developments. i. Mixed -use residential and attached housing developments often (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Reviewing Official. The required common open space shall be satisfied with one or more of the elements listed below. The Reviewing Official may require more than one of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; M. ORDINANCE NO. (d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces. ii. Required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas. iii. Required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development. iv. Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. ORDINANCE NO. Figure 2. A visible and accessible residential common area containing landscaping and other amenities. v. Other required landscaping, and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement. c. Mixed Use Non -Residential Portions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements applicable to non-residential portions of mixed use developments or to single use commercial or industrial developments: i. All buildings and developments with over 30,000 square feet of non- residental uses (excludes parking garage floorplate areas) shall provide pedestrian -oriented space according to the following formula: 1 % of the lot area + 1 % of the building area = Minimum amount of pedestrian -oriented space 87 ORDINANCE NO. Figure 3. Examples of pedestrian -oriented space associated with a large scale retail building. ii. To qualify as pedestrian -oriented space, the following must be included: (a) Visual and pedestrian access (including barrier -free access) to the abutting structures from the public right-of-way or a courtyard not subject to vehicular traffic, (b) Paved walking surfaces of either concrete or approved unit paving, (c) On -site or building -mounted lighting providing at least four (4) foot- candles (average) on the ground, and (d) At least three feet of seating area (bench, ledge, etc) or one individual seat per sixty (60) square feet of plaza area or open space. iii.The following features are encouraged in pedestrian -oriented space and may be required by the Reviewing Official. ORDINANCE NO. (a) Pedestrian -oriented uses at the building fagade facing the pedestrian - oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security — such as adjacent to a building entry. (c) Pedestrian -oriented facades on some or all buildings facing the space consistent with Figure 4. (d) Public seating that is durable or easily replaceable, maintainable, and accessible. Figure 4. Pedestrian -oriented spaces, visible from the street, including ample seating areas, movable furniture, special paving, landscaping components, and adjacent pedestrian -oriented uses. iv. The following are prohibited within pedestrian -oriented space: (a) Adjacent unscreened parking lots, (b) Adjacent chain link fences, (c) Adjacent blank walls, (d) Adjacent dumpsters or service areas, and ORDINANCE NO. (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment. d. Open Space Orientation: The location of public open space shall be considered in relation to building orientation, sun and light exposure, and local micro - climatic conditions. e. Common Open Space Guidelines: Common space areas in mixed -use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. i. Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. ii. In mixed -use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. 2. Private Open Space: Each residential unit in a Planned Urban Development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit and shall be an area of at least twenty percent (20%) of the gross square footage of the dwelling units. The private open space shall be well demarcated and at least ten feet (10') in every dimension. Decks on upper floors can substitute for some 017 ORDINANCE NO. of the required private open space for upper floor units. For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5'). 3. Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the City, provided that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the Planned Urban Development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. 4. Installation and Maintenance of Common Facilities: a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the 91 ORDINANCE NO. Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such common facilities that are intended to serve only future phases of a Planned Urban Development. Any common facilities that are intended to serve both the present and future phases of a Planned Urban Development shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a Planned Urban Development. b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the Planned Urban Development owner, if there is only one owner, or by the property owners' association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners' association accordingly. Such bill, if unpaid, shall become a lien against each individual property. F. PROCEDURE FOR PRELIMINARY APPROVAL OF PLANNED URBAN DEVELOPMENTS: The approval of a Planned Urban Development shall be by the City Council, upon recommendation by the Hearing Examiner, and shall be processed in accordance with the following procedures: 92 ORDINANCE NO. 1. Permit Process: Planned Urban Developments shall be processed consistent with RMC 4-8 as Type VI or VII permits as specified. 2. Filing of Application: The application for preliminary approval of a Planned Urban Development shall be filed with the Development Services Division accompanied by a filing fee as established by RMC 4-1-170, Land Use Review Fees. Wherever a Planned Urban Development is intended to be subdivided into smaller parcels, an application for preliminary plat approval may be submitted together with the application for final Planned Urban Development approval. In such case, the preliminary plat and the final Planned Urban Development shall be processed and reviewed concurrently. Subsequent to final Planned Urban Development approval, a Planned Urban Development may also be subdivided by the binding site plan process. 3. Informal Review: Prior to making application for preliminary approval, the developer shall submit a conceptual plan for preapplication review. 4. Submittal Requirements and Application Fees: A preliminary development plan shall be submitted to the Development Services Division and shall include the general intent of the development, apportionment of land for buildings and land use, proposed phases, if any, and such other information or documentation which the Development Services Division shall require. Submittal requirements and fees shall be as listed in RMC 4-1-170, Land Use Review Fees, and 4-8-120C, Land Use Applications. 5. Public Notice and Comment Period: See RMC 4-8-090, Public Notice Requirements. 6. Phasing: Planned urban developments may be proposed to be developed in one or more phases. If developed in phases, each phase of the Planned Urban Development 93 ORDINANCE NO. shall contain adequate parking, open space, recreation space, public benefits, landscaping, buffering, circulation, utilities and other improvements necessary so that each phase, together with any earlier phases, may stand alone and satisfy the purposes of this Section. Further, each phase must meet the requirements of subsection D2 of this Section, Public Benefit Required, unless the public benefits have been met by previously approved phases. 7. Review Process: The preliminary plan shall be circulated to all reviewing departments for comments. The Development Services Division shall evaluate whether the plans comply with the development policies of the Renton Comprehensive Plan and this Section and shall make a recommendation to the Hearing Examiner accordingly. 8. Decision: a. Preliminary Planned Urban Development — New Development: After public hearing, the Hearing Examiner shall recommend approval, approval with conditions, or denial of the preliminary plan. The City Council, at its discretion, following recommendation of the Hearing Examiner, shall approve, modify or deny the preliminary plan. City Council action to approve a preliminary plan shall be by ordinance and shall include an accurate description of the boundaries, land uses, any modified development standards, and number of units or building square feet of the Planned Urban Development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval. b. Preliminary Planned Urban Development — Existing Development with Binding Site Plan: After public hearing, the Hearing Examiner shall approve, ORDINANCE NO. approve with conditions, or deny the preliminary plan. The preliminary plan shall contain an accurate description of the boundaries, land uses and number of units of the Planned Urban Development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval, on its face prior to recording with King County. 9. Effect of an Approved Preliminary Plan: The approval of a preliminary plan constitutes the City's acceptance of the general project, including its density, intensity, arrangement and design. Approval authorizes the applicant or subsequent owner to apply for final plan approval of the Planned Urban Development or phase(s) thereof. Preliminary plan approval does not authorize any building permits or any site work without appropriate permits. An approved preliminary plan binds the future Planned Urban Development site and all subsequent owners to the uses, densities, and standards of the preliminary plan until such time as a final plan is approved for the entire site or all phases of the site, or a new preliminary plan is approved, or the preliminary plan is abandoned in writing or expires subject to the provisions of subsections G and K of this Section. 10. Zoning Map Revised: a. New Planned Urban Development Approval: Upon the authority of the approval ordinance of a preliminary Planned Urban Development, the City shall place the Planned Urban Development ordinance number as an overlay on the subject property on the City of Renton Zoning Map. b. Demonstration Ordinances: Ordinances 4468 and 4550 which created demonstration developments known as Village on Union and certain divisions of 95 ORDINANCE NO. the Orchards are hereby considered final Planned Urban Developments for the purposes of code implementation. G. FINAL PLAN REVIEW PROCEDURES: Time Limits: The developer shall, within two (2) years of the effective date of action by the City Council to approve the preliminary plan, submit to the Development Services Division a final development plan showing the ultimate design and specific details of the proposed Planned Urban Development or the final phase or phases thereof. Upon application by the developer, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of twelve (12) months. Application for such extension shall be made at least thirty (30) days prior to the expiration date of preliminary plan approval. Only one such extension may be granted for a Planned Urban Development. If a final development plan is not filed within such two (2) years or within the extended time period, if any, the Planned Urban Development preliminary plan shall be deemed to have expired or been abandoned. To activate an expired or abandoned Planned Urban Development a new application is required. 2. Submittal Requirements and Fees for Final Plan Application: A final plan application shall be submitted for a Planned Urban Development, or a phase thereof, to the Development Services Division. The proposed final plan shall be in substantial conformance with the approved preliminary plans, including phasing, subject to the provisions of subsections G4 and G5 of this Section. Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Applications. Application fees shall be as listed in RMC 4-1-170, Land Use Review Fees. .z ORDINANCE NO. 3. Public Notice: Public notice shall be provided in the manner prescribed for preliminary plans. 4. Minor Modifications: As part of the approval of a final plan, the City may require or approve a minor deviation from the preliminary plan if: a. The change is necessary because of natural features of the subject property not foreseen by the applicant or the City prior to the approval of the preliminary development plan; or b. The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking; or c. The change will not have the effect of increasing the density or significantly increasing the total amount of floor area of the Planned Urban Development; or d. The change will not result in any structure, circulation or parking area being moved significantly in any direction; or e. The change will not reduce any setback approved as part of the preliminary plan by more than ten percent (10%) and the required minimum setback is met; or f. The change will not result in a significant increase in the height of any structure as approved in the preliminary plan; or g. The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood. 5. Major Modifications: Major modifications are those which substantially change the basic design, density, circulation, or open space requirements of the Planned Urban Development. Major modifications to a preliminary plan Planned Urban Development shall be processed as a new preliminary plan. 97 ORDINANCE NO. 6. Review and Approval of Final Plan: The final plan shall be reviewed by the departments and the Hearing Examiner, in the manner prescribed for preliminary plans, to determine if the final plan is in substantial conformance with the approved preliminary plan and is consistent with the purposes and review criteria of this Section. After a public hearing thereon, the Hearing Examiner shall make a decision to approve, approve with conditions or deny the final plan. The decision shall include a description of the elements of the approved Planned Urban Development, including land uses, number of units, phasing, the effective date of approval and of expiration, time limits, required improvements and the schedule for implementation, and any conditions that may apply to the Planned Urban Development. a. Covenants Required: i. Covenants Generally: As a condition of final Planned Urban Development approval, covenants shall be executed that run with the land, and with all subdivided portions thereof, stating that such property is part of an approved Planned Urban Development, and including the file number thereof and a description of the uses, densities and phases of the approved Planned Urban Development. Such covenant shall also be recorded for each property created through any subsequent subdivisions. ii. Specifications of Variations: All final Planned Urban Developments shall include specifications that are recorded with the Planned Urban Development indicating which lots or structures vary from which specific zoning requirement. Covenants shall indicate that such lots or structures shall meet the standard created with the approval of the Planned Urban Development or W. ORDINANCE NO. the current zone in effect at the time of subsequent land use, building or construction permits. b. Property Owners' Association Required: For residential Planned Urban Developments, the developer or owner(s) of a Planned Urban Development shall be required to form a legally incorporated property owners' association prior to the occupancy of any portion of a Planned Urban Development. If there is only one owner of the Planned Urban Development, either a property owners' association shall be formed or a covenant running with the land shall be filed requiring the formation of such an association prior to the first subsequent sale of the property, or portion thereof. For nonresidential Planned Urban Developments, the City may establish covenants as necessary to ensure maintenance of infrastructure and open space or other common improvements. 7. Effect of an Approved Final Plan: a. Standards Superimposed: The final approval of a Planned Urban Development, under the procedures detailed in this Section, shall superimpose the requirements of that specific approved Planned Urban Development on the underlying zone regulations as an exception thereto, to the extent that the requirements of the Planned Urban Development modifies or supersedes the regulations of the underlying zone. Final plan approval shall be binding upon property or the respective phase(s) with regards to density, intensity, open space, uses, and other standards until such time as a new final Planned Urban Development is approved or the final plan expires or is abandoned subject to subsection K of this Section. ORDINANCE NO. b. Construction Authorized: Approval of a final Planned Urban Development is authorization to apply for building permits to construct the Planned Urban Development. 8. Time Limits: Expiration: The developer shall prepare and submit building permit applications which are accepted as substantially complete to the Development Services Division within six (6) months of the effective date of approval. The developer shall complete the approved Planned Urban Development or any phase thereof included in the approved final plan within two (2) years from the date of the decision to approve the final plan by the Hearing Examiner, unless the examiner designates a shorter time. Failure to complete the Planned Urban Development, or any phase thereof, within this time limit will require the submittal of a new preliminary and final plan application in order to continue construction of the Planned Urban Development. Failure to submit a new application or to complete the Planned Urban Development once construction has begun shall constitute abandonment of the Planned Urban Development subject to subsection J of this Section. Expiration of any building permit issued for a Planned Urban Development shall be governed by the provisions of the applicable Building Code. Construction of any portion of the Planned Urban Development requires a current approved Planned Urban Development and a current building permit. ii. Remaining Preliminary Phases with Completion of One Phase: Approval of a final plan for any phase of the approved preliminary plan shall constitute an 100 extension for two (2) years of the remainder of the preliminary plan from the effective date of Hearing Examiner action on the final plan. H. MERGER OF APPLICATIONS OR REVIEW STAGES: 1. Merger of Review Stages:The applicant may request that review and decision on the preliminary plan and final plan be merged in one decision. The merged decision shall follow the procedural steps required of a preliminary plan. However, the applicant shall submit all plans and information in the detail required for a final plan and shall comply with all other requirements and standards for a final plan. 2. Merger with Other Applications: A preliminary Planned Urban Development may be considered simultaneously with any other land use permit required for a proposal, including but not limited to: preliminary plats, short plats, binding site plans, critical area modifications or variances, shoreline substantial developments permits, shoreline variances, shoreline conditional use permits, grading regulation modifications or variances, or other applications. Where merged, the review criteria for all of the applications shall be considered simultaneously with the Planned Urban Development criteria in RMC 4-9-150.C. Where there are conflicts with review criteria, the criteria of 4-9-150.0 shall govern. Where merged, all permits shall be considered simultaneously as part of the Planned Urban Development. The review authority shall be determined consistent with RMC 4-8-080.C.2, Review Authority for Multiple Permit Applications. 101 ORDINANCE NO. I. APPEALS OF EXAMINER'S DECISION ON A FINAL PLANNED URBAN DEVELOPMENT: The Hearing Examiner's decision on a final Planned Urban Development may be appealed to the City Council pursuant to RMC 4-8-110. If the Hearing Examiner acts on appeal to approve a final Planned Urban Development, the decision will include an effective date of approval consistent with subsections G and K of this Section. J. BUILDING AND OCCUPANCY PERMITS: Conformance with Final Plan Required: Building permits shall be issued for construction in Planned Urban Developments only in accordance with the approved final plan. 2. Minor Adjustments to Final Plan: i. Minor Adjustments prior to Building Permits: Minor adjustments to the final plan which involve only insignificant revisions to the exact location and configuration of buildings, roadways, open space or other features and do not involve any changes in density, relative density within the site, intensity, architectural style, housing type or other significant characteristics of the Planned Urban Development may be approved by the Development Services Division when issuing building permits. Adjustments that are determined by the Development Services Division to not be minor adjustments shall require the submittal of a new final plan or preliminary plan application, according to subsections G4 and G5 of this Section, Modifications. ii. Minor Variations to Development following Final Planned Urban Development: Property owners of units or improvements may apply for subsequent land 102 ORDINANCE NO. use, building, and construction permits. Such permits may be approved subject to City requirements, provided that the proposals meet the standard created with the approval of the Planned Urban Development or the current zone in effect at the time of the application. Common areas shall be maintained consistent with the approved Planned Urban Development. Replacement of paving or landscaping to equivalent types is allowed subject to City authorization that the activities are consistent with the Planned Urban Development approval and any applicable City codes. Occupancy Permit Issuance Procedure: Occupancy permits shall be granted consistent with the requirements in Title IV. Conditions of approval shall be based upon actions to be achieved prior to issuance of construction permits or building permits. Deferrals of improvements shall be determined by the Planning/Building/Public Works Administrator pursuant to 4-9-060. 4. Occupation of Structures: Any finished structures, short of full implementation of an approved final plan for a Planned Urban Development or those phases thereof, may be occupied upon the issuance of a conditional use permit by the Hearing Examiner together with such conditions, covenants or other terms in order to assure compliance with the requirements of this Section, Development Standards, and/or any other applicable provision of this Section and the City's zoning regulations. K. EXPIRATION OR ABANDONMENT OF A PLANNED URBAN DEVELOPMENT: 1. Expiration: Expiration of an approved preliminary plan shall be defined as failure to satisfy the time limits or other requirements of submitting a final plan application. Expiration of an approved final plan Planned Urban Development shall be defined as 103 ORDINANCE NO. failure to initiate construction of a Planned Urban Development. Expiration can only occur if no on -site construction has begun or a lack of significant progress under those building permits has occurred. Upon expiration of a preliminary or final plan, the undeveloped site may only be developed if a new preliminary and final plan Planned Urban Development is approved or if the City Council, by ordinance, removes the Planned Urban Development designation and revokes the original approval. 2. Abandonment: Abandonment of a preliminary and/or final plan for the purpose of this Section shall mean the failure and neglect of the developer to meet the requirements of subsection G9 of this Section, or to diligently pursue the project and the improvements incidental thereto for a period of six (6) months, after beginning or completing construction of any of the residential units, utilities, streets or other improvements of any phase of a Planned Urban Development. Abandonment shall also occur when the applicant has provided a written statement indicating that he/she is abandoning the preliminary and/or final plan. 3. Resuming Development of an Abandoned Planned Urban Development Site: In order to resume development of an abandoned Planned Urban Development site, a new final plan application shall be submitted for any partially completed phase of the Planned Urban Development and a new preliminary plan application shall be submitted for all remaining portions of the site. In any case, all subsequent preliminary or final plans shall adhere to the Renton City Code provisions in force at the time of resubmission including open space, dwelling unit density and setback 104 ORDINANCE NO. requirements. No building permits shall be issued, renewed or extended until such new preliminary or final plans are approved. L. APPEAL OF COUNCIL DECISION ON PLANNED URBAN DEVELOPMENT: The action, by ordinance, of the City Council to approve, modify or deny a Planned Urban Development shall be final and conclusive, unless the time period specified in RMC 4-8-110, Appeals, an aggrieved party obtains a writ of review from Superior Court. If Council acts in appeal to approve a preliminary Planned Urban Development, the decision will include an effective date of approval consistent with subsection G and Kof this Section, Decision. M. VIOLATIONS AND PENALTIES: Violation of any of the provisions of this Chapter shall be a misdemeanor punishable in accordance with RMC 1-3-1. SECTION XXXVIII. A new definition in Section 4-11-010 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: AGGRIEVED PARTY: A person seeking to protect what must be "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question" and must allege an "injury in fact," i.e., that he or she will be specifically and perceptibly harmed by the proposed action. SECTION XXXIX. The definition for Binding Site Plan in Section 4-11-020 of Chapter 11, Definitions, 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: 105 ORDINANCE NO. BINDING SITE PLAN: A drawing as authorized by chapter 58.17 RCW and provided for in RMC 4-7-230 which: 1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by RMC 4-8-120C, Submittal Requirements; and 2. Contains descriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the City; and 3. Contains provisions requiring site development to be in conformity with the approved binding site plan. SECTION XL. The definition of Land Development Permit in Section 4- 11-120 of Chapter 11, Definitions, 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: LAND DEVELOPMENT PERMIT: An approved preliminary or final plat for single family residential project, a building permit, site plan, or preliminary or final planned urban development plan. SECTION XLI. A new definition in Section 4-11-200 of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. 106 W • ORDINANCE NO. SECTION XLII. Section 9-11-2.H of Chapter 11, Street Grid System, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, to read as follows: H. Structure Address: One address shall be assigned to each building, except residential accessory buildings. In the event of planned urban development, office park, or industrial complex which incorporates several buildings, or has the potential to add one or more buildings, provision shall be made to allow for buildings to be addressed as separate addresses, one per building. In the event address numbers are not available for more than one building, alphabetical suffixes for each building in the complex shall be applied. Structure addresses shall be expressed in whole numbers, with no fractional appendages. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: _ ORD.I 176:9/13/05:ma day of , 2005. Bonnie I. Walton, City Clerk _ day of , 2005. Kathy Keolker-Wheeler, Mayor 107 1 sffeadm q 9 os CITY OF RENTON, WASHINGTON ORDINANCE NO. -37S 7 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 4-8-110.A.7 AND 4-8-110.I TO CHAPTER 8, PERMITS - GENERAL AND APPEALS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" REGARDING THE FILING OF APPEALS TO THE GROWTH MANAGEMENT HEARINGS BOARD. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. A new section, 4-8-110.A.7, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 7. Appeals to the Growth Management Hearings Board. SECTION II. A new section, 4-8-110.I, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: I. GROWTH MANAGEMENT HEARINGS BOARD 1. Standing for Appeals to GMHB: a. Those who may file an appeal are: i. The state of Washington or county or city that plans under GMA; ii. A person who has participated orally or in writing before the City regarding the matter on which a review is being requested; iii. A person who is certified by the governor within 60 days of filing the request with the Board; or ORDINANCE NO. iv. A person who qualifies pursuant to RCW 34.05.530 as aggrieved or adversely affected by the City's action on an item in Subsection 2. b. Participatory standing: A person who files an. appeal under Section l.a.iv above must establish participatory standing by showing that his or her participation before the City was reasonably related to the person's issue as presented to the Board. C. Standing when a State Environmental Policy Act (SEPA) appeal is made to the Board: To establish SEPA standing to appeal to the Board, the petitioner's endangered interest must be arguably within the zone of interests protected by SEPA. Also, the petitioner must allege an injury in fact; that is, the petitioner must present sufficient evidentiary facts to show that the challenged SEPA determination will cause him or her specific and perceptible harm. The petitioner who alleges a threatened injury rather than an existing injury must also show that the injury will be `immediate, concrete, and specific'; a conjectural or hypothetical injury will not confer standing. 2. Matters which may be appealed: a. That the City planning under Chapter 36.70A RCW is not in compliance with the requirements of that chapter, Chapter 90.58 RCW as it relates to the adoption of Shoreline's master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW; or b. That the 20-year Growth Management population projections applicable to the City of Renton or its Potential Annexation Area as adopted by the Office of Financial Management pursuant to RCW 43.62.035 should be adjusted. 2 ORDINANCE NO. 3. Time for Appeal: All petitions under this Section must be filed within 60 days after publication of the appealed Comprehensive Plan, development regulation or permanent amendment thereto by the legislative body of the City. The date of publication by the City shall be the date it publishes the ordinance, or summary of the ordinance, adopting the Comprehensive Plan, development regulations or amendment thereto, as is required to be published. 4. Contents of Petition for Review: Each petition for review to the Growth Management Hearings Board shall be initiated by the filing of a petition that includes a detailed statement of issues presented for resolution by the Board, and citation to the law that the appellant believes has been violated. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of )2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1123:9/14/05:ma Kathy Keolker-Wheeler, Mayor 3 Plreodl�y 9-i9-0s 4010 led CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE II (COMMISSIONS AND BOARDS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ELIMINATING THE BOARDS OF ADJUSTMENT, ETHICS, PUBLIC WORKS, EMERGENCY SERVICES ORGANIZATION, HUMAN RIGHTS AND AFFAIRS, AND UNFAIR HOUSING PRACTICES; ADDING THE ADVISORY COMMISSION ON DIVERSITY, LIBRARY BOARD, ENVIRONMENTAL REVIEW COMMITTEE, LEO" DISABILITY BOARD, LODGING TAX ADVISORY COMMITTEE, AND AIRPORT ADVISORY COMMITTEE; AND UPDATING ALL REMAINING CHAPTERS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Title II, Commissions and Boards, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Title H COMMISSIONS AND BOARDS 1 (Repealed) 2 (Repealed) 3 (Repealed) 4 Civil Service Commission 5 (Repealed) 6 Firefighters' Pension Board 7 Advisory Commission on Diversity 8 Municipal Arts Commission 9 Park Commission 10 Planning Commission 11 (Repealed) 12 Human Services Advisory Committee 13 Library Board 14 Environmental Review Committee 15 LEOFF Disability Board 16 Lodging Tax Advisory Committee 17 Airport Advisory Committee 18 Membership and Procedures CHAPTER 1 (Repealed) CHAPTER 2 (Repealed) CHAPTER 3 (Repealed) CHAPTER 4 CIVIL SERVICE COMMISSION SECTION: 24-1: Creation of Civil Service Commission 2-4-2: Authority 24-3: Function 2-4-4: Appointment and Members 2-4-5: Terms; Vacancies 2-4-6: Quorum and Voting 2-4-1 CREATION OF CIVIL SERVICE COMMISSION: There is hereby created the Police and Fire Civil Service Commission. 2-4-2 AUTHORITY: The Police and Fire Civil Service Commission is established under the authority of RCW 3 5A.11.020. 2-4-3 FUNCTION: The Police and Fire Civil Service Commission shall have power to make such rules and regulations as are necessary to effectuate the purposes of RCW 41.08 and 41.12. The Commission shall also have the power to make rules and regulations governing the Commission in the conduct of its meetings and any other matter over which it has authority. Any police civil service Hiles and regulations or fire civil service rules and regulations in effect as of the adoption of this Chapter are hereby confirmed as the present fire civil service or police civil service rules and regulations. 244 APPOINTMENT AND MEMBERS: The Civil Service Commission shall consist of five (5) members, who shall be appointed by the Mayor. No person shall be appointed a member of such Commission unless that person is a citizen of the United States, a resident of the City for at least three (3) years immediately preceding such 2 appointment, and is an elector of the county wherein he or she resides. At the time of any appointment, no more than two Commissioners shall be adherents of the same political party. 2-4-5 TERMS; VACANCIES: The term of office of such Commissioners shall be for six (6) years. The members of the commission serving at the time of this ordinance shall serve the remaining portions of their terms. Any member of such Commission may be removed from office for incompetence, incompatibility or dereliction of duty, or malfeasance of office, or other good cause; provided, however, that no member of the Commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had before the remaining members of the Commission. The members of such Commission shall devote due time and attention to the performance of the duties hereinafter specified, and imposed upon him/her. Should any member of the Commission resign from office or be removed from office, then the Mayor shall appoint a successor to that position for the remainder of the unexpired term. 2-4-6 QUORUM AND VOTING: Three (3) members of the Commission shall constitute a quorum and the votes of any three (3) members concurring shall be the decision of the Commission. CHAPTER 5 (Repealed) CHAPTER 6 FIREFIGHTERS' PENSION BOARD SECTION: 2-6-1: Creation of Firefighters' Pension Board 2-6-2: Authority and Function 2-6-3: Members 2-64: Term 2-6-5: Creation of Firefighters' Pension Fund 2-6-6: Function 2-6-1 CREATION OF FIREFIGHTERS' PENSION BOARD: Board. There is hereby created pursuant to Chapters 41.16 and 41.18 RCW the Firefighters' Pension Kj 2-6-2 AUTHORITY AND FUNCTION: The Firefighters' Pension Board administers and operates the Firefighters' Pension Fund and disperses from such Fund as provided by RCW 41.16 and 41.18. All of the provisions, regulations and details of chapters 41.16 and 41.18 RCW are by this reference adopted and incorporated in this Chapter. Any and all amendments of chapters 41.16 and 41.18 RCW shall constitute amendments of and part of this Chapter, without the necessity of further adoption of such amendments by ordinance. 2-6-3 MEMBERS: The Firefighters' Board shall consist of the Mayor, who shall be chairperson of the Board, the City Clerk, the chairperson of the Finance Committee of the Council, and two (2) regularly employed or retired firefighters of the City elected by secret ballot of the firefighters as designated in RCW 41.16 and 41.18. 2-6-4 TERM: Both Firefighter representatives shall have a two-year term. 2-6-5 CREATION OF FIREFIGHTERS' PENSION FUND: There is hereby created in the treasury of the City, a fund to be known and designated as the Firefighters' Pension Fund. 2-6-6 FUNCTION: The Firefighters' Pension Fund shall receive deposited monies, bequests, fees, gifts, emoluments, donations, taxes, interest, contributions by firefighters including deductions from their pay, and monies deriving through the State from taxes on fire insurance premiums, all as prescribed by RCW 41.16 and 41.18. Administration and disbursements from said Fund shall be conducted and made as provided by chapters 41.16 and 41.18 RCW. 4 CHAPTER 7 ADVISORY COMMISSION ON DIVERSITY SECTION: 2-7-1: Declaration Of Policy 2-7-2: Creation Of Advisory Commission on Diversity 2-7-3: Duties And Powers Of Commission 2-74: Appointment and Members 2-7-5: Appointment Of Subcommittees 2-7-6: Investigations, Public Hearings, and Research 2-7-7: Procedure, Meetings, and Interpretation 2-7-8: Severability 2-7-9: City Council Review 2-7-1 DECLARATION OF POLICY: The City Council herewith finds that all forms of prejudice and the general practice of discrimination against any individual, group or organization by reason of race, color, creed, national origin, age, sex, sexual orientation, the presence of any sensory, mental or physical disability or marital status have a detrimental effect on the public welfare and well-being, and that to eliminate such prejudice and discrimination an instrumentality should be established through which the citizens of the City may be kept informed of developments in human relations, the employees and officials of the City may obtain advice and assistance in wholesome practices to keep peace and good order, and private persons, groups and organizations may be officially encouraged and advised to promote tolerance and goodwill toward all people. The City Council further finds that it would be in the interests of all citizens of the City of Renton to promote and celebrate diversity. Whenever a word is used herein, the definition given to that word shall be that of RCW 49.60.040 which is incorporated herein as if fully set forth. An "unfair practice" shall mean the denial of any right identified in this ordinance or RCW 49.60.030(1) and shall be further defined to include any unfair practices identified in RCW 49.60.030(3). 5 2-7-2 CREATION OF ADVISORY COMMISSION ON DIVERSITY: There is hereby created the Advisory Commission on Diversity. 2-7-3 DUTIES AND POWERS OF COMMISSION: In addition to other powers and duties set forth in this Chapter, the Commission shall have the power and duty to: A. Study, advise and hold public meetings on issues of diversity within the City. B. Provide a forum that will encourage input concerning diversity from citizens for reviewing and establishing the City's vision. C. Advise and recommend to the Mayor and City Council ways and means of discouraging and combating discrimination, prejudice, intolerance and bigotry in all groups and in their relationships with one another. D. Advocate and assist in development of a continuing educational program for Council and staff that will lead to a greater understanding of the value of a diverse community to the governance process, and advise the staff on strategies to be used in recruiting, hiring and training a diverse work force. E. Identify obstacles that could impede access to City government for all of the community's diverse members. F. Prepare and disseminate educational and informational material relating to prejudice and discrimination and ways and means of eliminating such prejudice and discrimination- G. Provide outreach to the community in an effort to place the value of diversity before the citizens in a positive manner. H. Inform and advise the public of false information which is not in the public interest or which tends to foster or encourage prejudice or intolerance toward any person or group. I. Consult with and maintain contact with other public agencies and with representatives of employers, labor unions, property owners, associations, realtor associations, religious CI denominations and institutions, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations and any such other organizations and institutions as directed by the City Council or as the Commission shall deem advisable to further the objectives of this Chapter. J. Help recruit minority representatives for boards, committees and commissions within the City. K. Organize and promote celebrations of diversity, when approved by the Administration, and funding has been provided by the Council. L. Promote an atmosphere conducive for minority businesses. M. Perform such other functions and duties as may be requested by the Mayor and/or City Council or prescribed or authorized by any resolution or ordinance of the City. N. Investigate and report on patterns of discrimination and means to eliminate such patterns of discrimination in failing to list, show or transmit an offer, or to sell, rent, lease, sublease, sign, transfer, or otherwise dispose of a housing accommodation; or failure to act upon or provide financial assistance; or to ask questions about or keep records of, or to otherwise discriminate. The Commission shall refer any complaints of discrimination to the appropriate State or Federal agency(ies) in order to not duplicate the efforts of the State Human Rights Commission or the Federal Equal Employment Opportunity Commission, or any Federal or other State agency. In defining and prescribing the above duties and functions of the Commission it is not the intent of the City Council to duplicate or overlap functions, duties or responsibilities heretofore or hereafter assigned to any department or board or committee of the City or the responsibilities of the chief executive. 2-7-4 APPOINTMENT AND MEMBERS: The Advisory Commission on Diversity shall consist of nine (9) members, one of whom shall be a youth representative under 21 years of age at the time of appointment. The members of the 7 Commission shall be citizens of the City of Renton and representative of a cross section of the citizens of this community, including members of minority groups. Members shall consist of those persons who have demonstrated an interest and/or expertise in civil or human rights and who are willing to promote actively the goals of the Commission. Prospective new members may be interviewed by a majority of the Commission members for recommendation to the Mayor for appointment with confirmation by a majority vote of the Council. A. All of the members shall serve without compensation but may be reimbursed for related business expense incurred in performance of their duties, and as authorized by law. The members of the Commission shall appoint one of their members as chairperson, and one other member as secretary, and said persons shall serve in said capacity for the period of one year or until their successors have been elected by the members. B. Members of the Commission shall be appointed by the Mayor, subject to confirmation or concurrence by a majority of Council members for a period of two (2) years, each such member shall serve until his or her successor has been appointed and qualified. Any vacancy on the Commission shall be filled for the unexpired term in the same manner as the original appointment. The appointing authority has the right to remove any member of the Commission for good cause shown with concurrence of the City Council after due hearing. C. A majority of the members so appointed shall constitute a quorum for the purpose of conducting the business of the Commission. 2-7-5 APPOINTMENT OF SUBCOMMITTEES: A majority of the members of the Commission may name such subcommittee or subcommittees, as in its judgment, will aid in effectuating the purpose of this Ordinance and may empower any such subcommittee to study the problems of prejudice, intolerance, bigotry and discrimination in all or any fields of human relationship within the purview of this Chapter. 8 2-7-6 INVESTIGATIONS, PUBLIC HEARINGS, AND RESEARCH: The Commission shall, upon referral to it by the Administration, conduct its own investigation of tensions and practices of discrimination against any group or organization by reason of race, color, creed, national origin, age, sex, sexual orientation, the presence of any sensory, mental or physical disability or marital status and may conduct public hearings with regard thereto, carry on research, obtain factual data and conduct public hearings to ascertain the status and treatment of racial, religious, ethnic and similar groups in the City and the best means of progressively improving human relations, and make such recommendations to the Mayor and City Council, as in its judgment, will effectuate the policies and goals of this Chapter. 2-7-7 PROCEDURE, MEETINGS, AND INTERPRETATION: The provisions of this Chapter shall be construed liberally for the accomplishment of the purposes set forth in this Chapter. Nothing contained herein shall be deemed to amend, repeal or modify any of the provisions of any civil rights law or any other law of the federal or state government, or any other provisions of this Code relating to discrimination because of race, color, creed, national origin, age, sex, sexual orientation, the presence of any sensory, mental or physical disability or marital status as defined in this Chapter. 2-7-8 CITY COUNCIL REVIEW: The Commission shall submit unto the City Council, by January 31 of each year, a summary of all actions taken by the Commission, including the investigation of complaints and recommendations therefrom during the preceding year so that the City Council may fully review the manner in which the Advisory Commission on Diversity has implemented and enforced the provisions of this Chapter. CHAPTER 8 MUNICIPAL ARTS COMMISSION SECTION: 2-8-1: Creation of Municipal Arts Commission 2-8-2: Purpose 2-8-3: Function 0 2-84: Appointments 2-8-5: Members 2-8-6: Term 2-8-7: Works Of Art And Public Facilities 2-8-1 CREATION OF MUNICIPAL ARTS COMMISSION: There is hereby created a Municipal Arts Commission. 2-8-2 PURPOSE: The City of Renton recognizes and acknowledges the importance of and benefit to the public in providing visual art and performance in its public works and facilities, and to encourage and promote such art and the work of artists. It shall therefore be the policy of the City, unless otherwise prohibited or limited by law, to direct and fiuther the inclusion of art in its public works. The term "art' shall be liberally construed and include the conscious production of arrangement of sounds, colors, forms, movements or other elements in a manner that affects the sense of beauty and is of aesthetic value. 2-8-3 FUNCTION: A The Commission shall act in an advisory capacity to the Mayor and City Council in connection with the artistic and cultural development of the City. B. The Commission shall be responsible for reviewing the design, execution and acceptance of works of art funded or otherwise acquired by the City. Procedures for these responsibilities shall be developed by the Commission in writing and a copy thereof shall be filed with the City Clerk of the City and furnished unto the office of the Mayor and City Council. Such procedures shall not be in full force and effect until approved by the City Council. C. The Commission shall make an annual review with the Mayor, or his/her representative, of all capital improvement projects anticipated within the following two (2) year period to determine which projects are appropriate for inclusion of works of art and to estimate the amount to be allocated for said purpose. The Mayor, with appropriate budgetary authorization, may establish the amount to be provided as guided by RMC 2-8-7 or may decide that there will be no funds expended for 10 art on a municipal construction project. If such inclusion is determined not to be appropriate as to a given project, then the funds allocated therefor shall be expended as set forth in RMC 2-$-7.0 or as otherwise determined by the City Council. Copies of any proposals prepared by the Commission shall likewise be furnished to the Community Services Department of the City. Definition of municipal construction project: Any public building, decorative or commemorative structure, park, street, sidewalk, parking facility, or any portion thereof, within the City limits, which will be constructed, renovated or remodeled, and paid for wholly or in part by the City, and the total project cost of which exceeds ten thousand dollars ($10,000.00) to construct, renovate or remodel. 2. "Municipal construction project" shall not be defined to include capital projects paid for wholly or in part by the City's water and sewer utility. D. Whenever a work of art is to be funded under this Chapter the Commission shall, under its guidelines, select the appropriate work of art and recommend that work of art to the City Council, The City Council shall consider the recommendation of the Commission and either approve or refuse to approve the recommended work of art. Should the Council refuse to approve the work of art, then the Commission shall consider and recommend another work of art to the City Council. Should the City Council approve the work of art, then the administration shall proceed to contract with the appropriate artist or artists to obtain the work of art. The contract with the artist or artists will be administered by the City staff. E. Maintenance, inspection and rotation of works of art selected and installed under the advice and direction of the Renton Municipal Arts Commission shall be the responsibility of the administration of the City. The Commission may prepare specifications for the maintenance of works of art and shall inspect such maintenance work and make recommendations for the guidance of the administration in so maintaining the work of art. 11 F. The Commission shall seek, whenever appropriate, alternative sources of financing for the visual and/or performing arts. G. The Commission shall be responsible for disbursing money budgeted to it for support of cultural arts performances, arts related activities and organizations. Such money shall be used to support specific performances such as choral concerts or play performances, performing arts events such as the River Days Art Show, or special projects of a performing arts group such as coaches and music tutors for the Renton Youth Symphony. Such funds may not be used for capital purchases, facility renovations, maintenance or other non-performance expenditures. Any such funded performance must be held in Renton and primarily benefit Renton residents. 2-84 APPOINTMENTS: The Municipal Arts Commission shall consist of twelve (12) members appointed by the Mayor and subject to confirmation by a majority of the members of the City Council. Of those twelve (12) members, at least four (4) shall be residents of the City and one member shall be under the age of 21 years. All members of the Commission shall serve without compensation for such service. 2-8-5 MEMBERS: The membership on the Commission shall, whenever possible, include members from a variety of art fields and related professions. The Mayor and City Council may solicit suggested nominations for such appointments from architectural, art, musical, literary, educational and other cultural organizations. The Commission shall organize and elect a chairman annually. The Commission may organize such subcommittees as it deems necessary. In order to implement such purposes, the Commission may call upon such City departments as will assist the Commission's function, and appointed City officials and members of the various City departments are encouraged to consult and advise with the Commission from time to time. 12 2-8-6 TERM: All such appointments to the Commission shall be for three (3) year terms, with one-third (1/3) of the terms expiring each year. All appointments heretofore made by the Mayor and City Council to such Municipal Arts Commission are hereby confirmed. Members of the Municipal Arts Commission may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. 2-8-7 WORKS OF ART AND PUBLIC FACILITIES: A. Subject to the consultation requirements of RMC 2-8-3.C, all authorizations and/or appropriations for Municipal construction projects shall, upon budgeting therefore by the City Council and authorization by the Mayor, whenever legally permitted, include an amount equal to not less than one percent (1%) of the actual total project cost, to be used for the selection, acquisition and/or installation of works of art to be placed in, on, or about City public facilities, which are suitable and appropriate therefore. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to grants, loans, or assistance from Federal, State or other governmental units, prohibits, limits or excludes art and art works as a proper expenditure, then the amount of funds from such source shall be excluded in computing the one percent (1%) amount of the total project cost. B. All funds authorized and/or appropriated pursuant to this Section shall be maintained in the Municipal Arts Fund. The City Council, upon the recommendation and advice of the Commission, shall approve, from time to time, the amount to be allocated for the selection, acquisition and/or installation of individual works of art to be placed either as an integral part of the municipal construction project in connection with which the funds were appropriated or attached thereto, or detached within or outside such project, or to be placed in, on or about other public facilities. All of such expenditures for art shall be approved by the City Council and as otherwise provided by law. 13 C. Funds authorized and/or appropriated pursuant to this Section for a municipal construction project but not expended on any such project shall be placed and retained in the Municipal Arts Fund. If for any reason any transfer to such Fund shall be contrary to law or prohibited by any rule or regulation governing such funds, then any such unspent or residual sum authorized and/or appropriated as a part of such construction project may be expended for any like or similar public purpose or purposes relating to the selection, acquisition and/or installation of works of art. CHAPTER 9 PARKS COMMISSION SECTION: 2-9-1: Creation of Parks Commission 2-9-2: Authority 2-9-3: Function 2-9-4: Appointment; Members 2-9-5: Term 2-9-6: Rules and Regulations 2-9-7: Appointment, Qualifications and Duties of Parks Director and Recreation Director 2-9-1 CREATION OF PARKS COMMISSION: There is hereby created a Parks Commission. 2-9-2 AUTHORITY: The Parks Commission is established pursuant to RCW 67.20.010. 2-9-3 FUNCTION: A. The Parks Commission shall establish policy to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, including policy to control and supervise all parks belonging to the City. B. In conjunction with the Mayor and City Council, the Parks Commission may plan, promote, manage, construct, develop, maintain and operate, either within or without the City limits, parks, play and recreational grounds and/or other municipally owned recreation facilities, including community buildings and improve and ornament the same. 14 C. The Parks Commission shall receive, in the name of the City, all monies or other property donated by individuals or groups for the improvement of parks and other recreational areas. The Commission reserves the right to reject any such donations, subject to the approval of the Council, in the event that any such donation be considered improper, unlawful or contrary to the purposes as set forth. Any cash received by the Commission on behalf of the City shall be forthwith paid to the Administrator of the Finance and Information Services Department and same shall be placed in the Park Fund. D. The Parks Commission is authorized to grant concessions and privileges within the parks and recreational areas, under such restrictions, and for such compensation as it shall prescribe, and any monies or properties paid thereunder shall be turned over to the Administrator of the Finance and Information Services Department. Such revenue shall be used for park purposes only. Any party aggrieved by the Commission in granting or denying such concession and privileges shall have the right of appeal to the Council within thirty (30) days of such action by the Commission. No concession shall be granted for a period of more than five (5) years, with the right for an extension for an additional five (5) year period of time, should the Commission deem it advisable, and then only upon condition that the concessionaire fulfill all conditions and provisions of the original five (5) year concession contract. E. The Commission shall not have the power to acquire any property, by gift or otherwise, without the consent of the Council and any properties so received and acquired shall be in the name of the City. 2-94 APPOINTMENT; MEMBERS: The Parks Commission shall consist of eight (8) members, who shall be residents of the City of Renton, one of whom shall be under 21 years of age at the time of appointment, who shall be appointed by the Mayor, subject to the confirmation by a majority of the members of the City Council. 15 No Commissioner shall receive any compensation for his or her service whatsoever except for reimbursement of actual expenditures duly authorized by the City Council. 2-9-5 TERM: The term of each Commissioner so appointed shall be for a period of four (4) years from the date of such appointment. Such term shall also apply to incumbent Commissioners and each Commissioner shall serve until his or her successor has been appointed and duly qualified. The terms of office shall begin on the first Monday in June. At the expiration of each Commissioner's term, the Mayor shall appoint, subject to confirmation or concurrence of a majority of Council members, a successor Commissioner. Members of the Parks Commission may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. Three unexcused absences in a one-year period of time shall result in automatic removal of the Commissioner. The Commission shall, by a majority vote, elect one of its members to be President thereof and may appoint such other officers as may be deemed necessary by them. 2-9-6 RULES AND REGULATIONS: A. Commission Authority: The Parks Commission shall have the authority to propose the rules and regulations for the operation, management and maintenance of parks and other recreational facilities, including recommendations to the City Council to fix charges for the use of any municipally owned or controlled park or recreational facilities. B. Council Adoption: The parks rules and regulations shall be submitted to the City Council for approval and adoption. The parks rules and regulations, as they may be amended, from time to time, shall be effective upon their approval by Council voice vote and the filing of at least one copy of said park rules and regulations with the City Clerk. 16 C. Penalties: Those parks rules and regulations identified as criminal violations are punishable pursuant to City Code Section 1-3-1. Those parks rules and regulations identified as civil violations are punishable pursuant to City Code Section 1-3-2. 2-9-7 APPOINTMENT, QUALIFICATIONS, AND DUTIES OF PARKS DIRECTOR AND RECREATION DIRECTOR: A. When there is a vacancy in the position of Parks Director or Recreation Director, the Parks Commission, in conjunction with the Community Services Administrator, shall recommend one or more qualified candidates for the positions of Parks Director or Recreation Director to the Mayor for consideration for an appointment to that position. The Mayor shall appoint a candidate to the position of Parks Director or Recreation Director, or may reject the recommendations of the Parks Commission, and ask for additional names to be submitted. The Mayor shall not appoint a Parks Director or Recreation Director without that individual's name having been recommended by the Parks Commission. The person that the Mayor appoints to the position of Parks Director or Recreation Director shall be subject to confirmation by the City Council. B. The qualifications and duties for the positions of Parks Director and Recreation Director shall be established by the Human Resources Department of the City with the concurrence of the Parks Commission. C. The Parks Director or Recreation Director may serve as an ex officio member of the Parks Commission but shall have no vote thereon. This individual shall be the liaison or staff support to the Park Board. D. The salaries of the Parks Director or Recreation Director shall be as fixed in the annual budget of the City. CHAPTER 10 PLANNING COMMISSION SECTION: 2-10-1: Creation Of Planning Commission 17 2-10-2: Authority 2-10-3: Function 2-10-4: Appointment 2-10-5: Members 2-10-6: Term 2-10-7: Expenditures; Budget 2-10-1 CREATION OF PLANNING COMMISSION: There is hereby created a Planning Commission in the City of Renton. 2-10-2 AUTHORITY: The Planning Commission is established pursuant to RCW 35A.63.020, providing for its membership, method of appointment, organization and duties. 2-10-3 FUNCTION: A. Power: The Planning Commission shall serve in an advisory capacity to the Mayor and the City Council and shall have such powers and duties as shall be provided for herein. B. Authority: The City Council and Mayor have designated the Planning Commission to function as the public hearing body for many planning related activities of the City. The Council may, at its discretion, retain this function for any specific project, proposal, or plan. C. Representation: Planning Commissioners are entrusted to make recommendations reflecting the broad interests of the community. D. Conduct: All Commissioners shall conduct themselves in a manner consistent with the Code of Ethics for Municipal Officers, RCW Chapter 42.23. In formulating its recommendations to the City Council, the Planning Commission and its advisory committees may conduct public hearings; however, in any event all meetings of the Commission or its advisory committees shall be open to the public pursuant to the Open Public Meetings Act. E. General Duties: The primary responsibility of the Planning Commission is to review the Comprehensive Plan, carry out work activities in the work program adopted by the City Council, and to elicit public input for and to advise the City Council and the Mayor on land use planning matters. 18 F. Scope of Review: At the direction or referral by the City Council, the Planning Commission shall review staff proposals, hold public hearings, and submit recommendations to the City Council and the Mayor on the adoption of and amendments to the following: 1. The Comprehensive Plan and new goals and policies. 2. Neighborhood or subarea plans and studies which will amplify and augment the Comprehensive Plan. The Commission may conduct periodic planning studies of homogenous community units, distinctive geographic areas, or other types of districts having unified interest within the total area of the City which will amplify and augment the Comprehensive Plan. 4-8-070. 3. Shoreline Master Program amendments after holding a public hearing. 4. Land Use Regulations and processes upon Council request. 5. Duties related to Development Regulations and processes as described in RMC 6. Other land use plans and programs contained in the Commission's work program, or referred by the City Council. 7. Short-range programs as necessary for implementation of the Comprehensive Plan. 2-10-4 APPOINTMENT: The Planning Commission shall consist of seven (7) members, appointed by the Mayor and confirmed by a majority of the members of the City Council. 2-10-5 MEMBERS: A. All Planning Commission members shall be residents of the City of Renton. B. Members shall be selected without respect to political affiliations, shall serve without compensation, and the appointees shall constitute a cross section of the community representing different interests, geographical areas, trades, professions and activities. T C. The Planning Commission shall elect its own chair, vice -chair, and secretary. It may create and fill such other offices as it may determine from time to time. D. The Commission shall hold at least twelve (12) regular meetings in each year. 2-10-6 TERM: The term of each appointee shall be for three (3) years and such appointment shall be made on July 1 and February 1 respectively for such three (3) year terms. Those members currently serving shall continue to serve for the remainder of their appointed terms. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment was made. Members may be removed by the Mayor, with the approval of the majority of the City Council, for neglect of duty, malfeasance or misfeasance in office, or when such appointee misses three (3) unexcused meetings within any twelve (12) month period. 2-10-7 EXPENDITURES; BUDGET: The expenditures of the Planning Commission shall be limited to those authorized by the Economic Development, Neighborhoods and Strategic Planning Administrator as appropriated in the Strategic Planning Division's annual budget. The services and facilities of the City's Strategic Planning Division shall be utilized by the Commission in performing its duties. CHAPTER 11 (Repealed) CHAPTER 12 HUMAN SERVICES ADVISORY COMMITTEE SECTION: 2-12-1: Creation of Human Services Advisory Committee 2-12-2: Function 2-12-3: Appointment 2-12-4: Members 2-12-5: Term 2-12-6: Rules and Procedures 20 2-12-1 CREATION OF HUMAN SERVICES ADVISORY COMMITTEE: There is hereby created a Human Services Advisory Committee. 2-12-2 FUNCTION: The purpose of the Committee shall be to: A. Understand the human service needs of Renton residents. B. Evaluate and recommend to the Mayor, City Council and City staff, allocation of funds to specific programs and projects that meet those needs. C. Assist staff in developing policies related to human services affecting Renton residents. D. Keep current on community -wide actions that may affect the availability and quality of human service provision in Renton. 2-12-3 APPOINTMENT: The membership shall consist of nine (9) members residing within the corporate boundaries of the City of Renton, one of whom shall be a youth representative under 21 years of age at the time of appointment. 2-12-4 MEMBERS: The committee shall be composed of people who represent the diverse nature of the City, including geography, gender, age and ethnicity. 2-12-5 TERM: The Mayor will appoint members of the Renton Human Services Advisory Committee for a three (3) year term of office. Those members currently serving shall continue to serve for the remainder of their appointed terms. 2-12-6 RULES AND PROCEDURES: The Human Services Advisory Committee shall further establish in its bylaws, such written rules and procedures deemed necessary to carry out the foregoing duties. 21 CHAPTER 13 SECTION: 2-13-1 Creation Of Library Board 2-13-2 Authority 2-13-3 Function 2-13-4 Appointment 2-13-5 Terms; Vacancies 2-13-6 Meetings and Quorum 2-13-7 Appointment, Qualifications, And Duties Of Library Director 2-13-8 Budget And Finances 2-13-9 Labor Agreements And Personnel Policy 2-13-1 CREATION OF LIBRARY BOARD: There is hereby created a Library Board in the City of Renton. 2-13-2 AUTHORITY: The Library Board is established pursuant to RCW 35A.27.010. 2-13-3 FUNCTION. A. The Board shall have the power to establish policy for library activity, including policy for the control and supervision of all libraries belonging to the City. B. In conjunction with the Mayor and City Council, the Library Board may further establish policy to plan, promote, manage, construct, develop, maintain and operate, within the City limits, libraries and improve and ornament the same. C. The Board shall further receive, in the name of the City, all monies or other property donated by individuals or groups for the improvement of libraries; the Board reserves the right to reject any such donations in the event that any such donations be considered improper, unlawful or contrary 22 to the purposes set forth. Any cash received by the Board on behalf of the City shall be paid to the Director of Finance and same shall be placed in the Library Fund. 2-13-4 APPOINTMENT: The Library Board shall consist of seven (7) members, who shall be citizens of the City of Renton, and who shall be appointed by the Mayor, subject to the confirmation by a majority of the members of the City Council, one of which shall be a youth representative under 21 years of age at the time of appointment. No Library Board member shall receive any compensation for his or her service whatsoever except for reimbursement of actual expenditures duly authorized by the City Council. 2-13-5 TERMS; VACANCIES: A. The term of each Library Board member so appointed shall be for a period of five (5) years from the date of such appointment, unless the appointment is to fill an unexpired term, except for the youth member, who shall serve for two years. Such designated term shall also apply to incumbent members who shall have a term of office coinciding with their term on that predecessor board. A vacancy shall occur upon the resignation, death, or removal of a member. A vacancy shall also occur whenever a Board member absents himself or herself for three (3) consecutive regular meetings of the Board or for an aggregate of five (5) regular and/or special meeting in a single year, unless the absences are excused by action of the remaining members. B. No person shall be appointed to the Library board for more than two consecutive terms. The first appointments to the Library Board created by this ordinance shall be of those individuals who were members of the Library Board in existence at the time this ordinance is adopted. C. Members of the Library Board may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. The Board shall, by majority vote elect one of its members to be President thereof; and may elect such other officers as may be deemed necessary by them. 23 2-13-6: MEETINGS AND QUORUM: The Library Board shall have a regular meeting each month and may, from time to time, provide for special meetings as may be needed to carry out the proper discharge of its duties. A majority of the Library Board shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. 2-13-7: APPOINTMENT, QUALIFICATIONS, AND DUTIES OF LIBRARY DIRECTOR: A. When there is a vacancy in the position of Library Director, the Library Board members, in conjunction with the Community Services Administrator, shall recommend one or more qualified candidates to the Mayor for consideration for appointment to that position. B. The qualifications and duties for the position of Library Director shall be established by the Human Resources Department of the City with the concurrence of the Library Board. In accordance with RCW 27.04.030, candidates for the position of Library Director shall hold a master's degree in library science and shall hold or be eligible to acquire a State of Washington librarian's certificate. The Library Director shall report to the Community Services Administrator, who will seek input from the Library Board for an annual evaluation of the director's performance. C. The Library Director may serve as an ex officio member of the Library Board but shall have no vote thereon. D. The salary of the Library Director shall be as fixed in the annual budget of the City. 2-13-8 BUDGET AND FINANCES: Library appropriations and expenditures shall conform with the requirements of state law and the Renton City Code. The City Council shall have final authority to review and approve the library budget. The library budget proposal shall be developed by the Library Director and reviewed by the Library Board within a resource estimate provided by the Mayor. 2-13-9 LABOR AGREEMENTS AND PERSONNEL POLICY: 24 The Mayor shall negotiate labor agreements and salary schedules for library personnel, these agreements to be integrated with the citywide pay plan, personnel policies and collective bargaining contracts. The Library Board members shall be consulted at the time of contract negotiations or when policies affecting library personnel or operations are to be changed in order that their concerns may be considered. CHAPTER 14 ENVIRONMENTAL REVIEW COMMITTEE SECTION: 2-14-1: Creation of Environmental Review Committee 2-14-2: Authority 2-14-3 : Members 2-144: Duties 2-14-1 CREATION OF ENVIRONMENTAL REVIEW COMMITTEE: There is hereby created an Environmental Review Committee (ERC) in the City of Renton. 2-14-2 AUTHORITY: Pursuant to Chapter 43.21C RCW, the ERC shall act as the City's responsible official under the State Environmental Policy Act. 2-14-3 MEMBERS: The ERC shall be consist of four (4) members, composed of the Fire Chief, the Administrator of the Planning/Building/Public Works Department, the Administrator of the Department of Economic Development, Neighborhoods and Strategic Planning, and the Administrator of the Community Services Department, or the designees of such members. 2-14-4 DUTIES: The ERC shall perform the function of the responsible official as required and authorized in Chapter 43.21C RCW and Chapter 197-I1 WAC. In particular, the ERC shall make environmental 25 determinations, conditioned or not, and approve and publish Environmental Impact Statements with or without conditions. CHAPTER 15 LEOFF DISABILITY BOARD SECTION: 2-15-1: Creation of LEOFF Disability Board 2-15-2: Authority 2-15-3: Membership 2-15-4: Duties 2-15-5: Term 2-15-1 CREATION OF LEOFF DISABU ITY BOARD: There is hereby created a LEOFF Disability Board in the City of Renton. 2-15-2 AUTHORITY: This Board is created under the authority of RCW 41.26,110 through 41.26.115, RCW 41.50.050, and WAC Chapter 415-105. 2-15-3 MEMBERSHIP: The LEOFF Disability Board shall consist of five (5) members, which shall be composed of two members of the City Council appointed by the Mayor, one member elected by the firefighters, one member elected by the police officers, and one member of the public at large who resides within the City. The member of the public at large shall be appointed by the other four Board members. 2-15-4 DUTIES: The LEOFF Disability Board shall handle all disability and disability retirement issues under the LEOFF system and shall establish rules, regulations and procedures for performing that function. FM 2-15-5 TERM: The term of each member shall be for two years. The terms of the members currently serving shall be served until expiration or resignation, at which time substitute members shall be appointed or elected as provided herein. CHAPTER 16 LODGING TAX ADVISORY COMMITTEE SECTION: 2-16-1: Creation of Lodging Tax Advisory Committee 2-16-2: Authority 2-16-3: Membership 2-16-4: Function 2-16-5: Term 2-16-1 CREATION OF LODGING TAX ADVISORY COMMITTEE: There is hereby created a Lodging Tax Advisory Committee in the City of Renton. 2-16-2 AUTHORITY: The Lodging Tax Advisory Committee is formed pursuant to RCW 67.28.1817. 2-16-3 MEMBERSHIP: The Lodging Tax Advisory Committee shall have five members and shall consist of two members who are representatives of a business required to collect taxes under chapter 67.28 RCW, and two members who are persons involved in activities authorized to be funded by revenue received under that chapter. One such member shall be the president of the Greater Renton Chamber of Commerce, and another member shall be the City of Renton's Community Relations Manager. Persons eligible to be appointed as representatives of a business collecting tax, may not be appointed as a person involved in activities authorized to be funded by the revenue from the tax. The fifth member of the Committee shall be an elected official of the City. 2-16-4 FUNCTION: 27 The Lodging Tax Advisory Committee reviews and comments on any proposed imposition of a lodging tax, and increase of such tax, the repeal or exemption from the tax, the use of the revenue received from that tax, or any change in use of the revenue received from that tax. 2-16-5 TERM: The City Council shall review and appoint the membership on an annual basis. Vacancies shall be filled by the City Council. CHAPTER 17 AIRPORT ADVISORY COMMITTEE SECTION: 2-17-1: Creation of Airport Advisory Committee 2-17-2: Membership 2-17-3 Alternates 2-17-4: Function 2-17-5: Chair and Meetings 2-17-6: Term: 2-17-1 CREATION OF AIRPORT ADVISORY COMMITTEE: There is hereby created an Airport Advisory Committee in the City of Renton. 2-17-2 MEMBERSHIP: The Airport Advisory Committee shall have 15 voting members and four non -voting members. The Airport Advisory Committee shall have the following representation: ORGANIZATION VOTING MEMBERS Neighborhood Representatives: Kennydale The Highlands Talbot Hill North Renton South Renton West Hill Renton Hill NUMBER OF MEMBERS 1 member 1 member 1 member 1 member 1 member 1 member 1 member 28 Aviation Representatives: Airport Representatives Airport Leaseholders Airport -At -Large The Boeing Company Aircraft Owners' and Pilots' Association City Council Transportation Committee: Administrator, Planning/Building/Public Works: NON -VOTING MEMBERS Renton Municipal Airport Manager: City Department Representatives: WSDOT Aviation Division Representative: Federal Aviation Administration Representative: 2 members 2 members 1 member 1 member 1 member 1 member 1 non -voting member as needed, non -voting 1 non -voting member 1 non -voting member The Airport Advisory Committee voting and non -voting members shall be appointed by the Mayor and confirmed by a majority of the members of the City Council. In the event the Mayor does not make an initial appointment of an Airport Advisory Committee member within 45 days of a vacancy in the Airport Advisory Committee, the City Council President may make the appointment subject to confirmation by a majority of the members of the City Council. 2-17-3 ALTERNATES A. For each neighborhood representative voting member position, a member and an alternate shall be recommended by the neighborhoods for appointment by the Mayor. The recommended individuals shall have no aviation related background. B. For each Airport Leaseholder Voting Member position, two members and two alternates shall be recommended by the holders of airport property leases for appointment by the Mayor. For each Airport -At -Large Voting Member position, two members and two alternates shall be recommended by aircraft owners and pilots, who lease aircraft storage space at the Renton Municipal Airport, for appointment by the Mayor. For each aircraft owners' and pilots' association position, one 29 member and one alternate shall be recommended by aircraft owners and pilots who are members of the Aircraft Owners' and Pilots' Association (AOPA), the Experimental Aircraft Association (EAA) or the Washington Seaplane Pilots' Association. 2-17-4 FUNCTION: The role of the Airport Advisory Committee will be to act in an advisory capacity to the Mayor and City Council on matters referred to the Airport Advisory Committee by the City Council. The primary function will be to provide a forum for members of the community to discuss their concerns directly with airport operators and for collaborative problem solving and resolution of their issues. 2-17-5 CHAIR AND MEETINGS The Committee shall elect a chairperson from the voting membership and establish meeting times. The Advisory Committee shall have the authority to change its meeting times as may be necessary. 2-17-6 TERM: The terms for all voting members shall be for three years and shall be staggered as follows: A. For the neighborhood representatives the initial terms shall be two neighborhood representatives at three years each; two neighborhood representatives at two years each; and two neighborhood representatives at one year each. Each subsequent term shall be for three years. B. For aviation representatives (AOPA, Boeing, and airport representatives) the initial terms shall be: two aviation representatives at three years; two aviation representatives at two years; and two aviation representatives at one year. Each subsequent term shall be for three years. C. The City Council member and the Planning/Building/Public Works member shall not have staggered terms. D. Staggered terms for the neighborhood and aviation representatives have been established. The City Council member shall be selected by the Council. The Planning/Building/Public 30 Works member shall be selected by the Department Administrator having responsibility for the Renton Airport. E. Those members currently serving shall continue to serve for the remainder of their appointed terms. CHAPTER 18 GENERAL MEMBERSHIP AND PROCEDURES 2-18-1 Citizenship 2-18-2 Family or Household Members 2-18-3 Multiple Appointments 2-18-4 Reporting and Minutes 2-18-1 CITIZENSHIP: Any member of a board or commission must be a citizen of the United States. Such member shall be a citizen of the City of Renton unless state law or the authorizing ordinance states otherwise or the commissioner is to represent a certain segment of society, i.e., a business representative doing business with the City but not necessarily a citizen of Renton. The citizenship condition may be waived by the Council, upon request by the Mayor. 2-18-2 FAMILY OR HOUSEHOLD MEMBERS: A- A single Board or Commission shall not have more than one member of a direct family or household as a member of that Board or Commission. B. No members of Councilmembers' direct families or households shall be appointed to a Board or Commission. C. For purposes of this ordinance, a direct family member shall be a spouse, parent, child, or sibling. 2-18-3 MULTIPLE APPOINTMENTS: A. No person, except a Council member, shall be appointed to serve concurrently as a member of more than one Board or Commission. 31 B. Councilmembers shall not serve on Boards and Commissions, unless authorized by State law or this Title, or the Board or Commission is serving as a subcommittee or advisory committee to a City Council committee, i.e., the Airport Advisory Committee. 2-18-4 REPORTING AND MINUTES: A. All Boards, Commissions, and Committees shall take formal minutes of their meetings and shall appoint a member to take such minutes, or such minute responsibility may be delegated to a staff support person if there is a staff support person assigned to the Board, Commission, or Committee, on a permanent basis, who is always in attendance at such meetings. B. A copy of all Minutes shall be filed with the City Clerk as the official record. C. Any rules and regulations adopted by any Board, Commission, or Committee shall be filed with the City Clerk. D. Except as otherwise stated in state law, all meetings of Boards, Commissions, and Committees are open public meetings. E. All Boards, Commissions, and Committees shall establish regular dates and times for meetings, and shall consult with the City Clerk about scheduling special meetings and announcing meeting cancellations. 2-18-5 RULES OF ORDER The proceedings of all Boards and Commissions shall be governed by the most current edition of Robert's Rules of Order. 2-18-6 SEVERABILITY: If any section, subsection, subdivision, sentence, clause or phrase of this Title is for any reason held to be unconstitutional or void, such decision shall not affect the validity of any of the remaining portions of this Chapter. SECTION 11 This ordinance shall be effective upon its passage, approval, and 30 days after publication. 32 PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 11 86:9/9/05:ma Kathy Keolker-Wheeler, Mayor 33 1 s� hadt_nj 9�l91Zao5 CITY OF RENTON, WASIUNGTON ORDINANCE NO. §_ / 56 It "Rev iscd q 16400y r�dop� �-a�- aoos AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 4-2, 4-4, AND 4-6 THROUGH 4-9 OF TITLE IV (DEVELOPMENT REGULATIONS) AND CHAPTER 8-7 OF TITLE VIII (HEALTH AND SANITATION) AND CHAPTER 9-2 OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CHANGING REFERENCES FROM THE BOARD OF PUBLIC WORKS, TO THE PLANNINGBUILDING/PUBLIC WORKS ADMINISTRATOR THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: . %16a SECTION L Section 4-2-120.C. I8.d of Chapter 2, Zoning Districts — Uses and Gl`p� Se J� Standards, of Title 1V (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: d. Where below -grade structures are permitted to have zero front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Planning/Building/Public Works Administrator or his/her designee. �? P &A SECTION IL Section 4-2-120.F.5.d of Chapter 2, Zoning Districts — Uses and e(%o� 5 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: d. Where below -grade structures are permitted to have zero front yard/street setbacks, structural footings may minimally encroach into the public right-of-way, subject to approval of the Planning/Building/Public Works Administrator or his/her designee. SECTION III. Section 4-4-080.F.2 of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled ORDINANCE NO. "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2. Maximum Parking Lot and Parking Structure Slopes: Maximum slopes for parking lots shall not exceed eight percent (8%) slope. The Planning/Building/Public Works Administrator or his/her designee may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. SECTION IVa, Section 44-080.1.3.a.iii 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: iii. The Planning/Building/Public Works Administrator or his/her designee may grant an exception upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. SECTION V. Section 44-090.G 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: G. APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Planning/Building/Public Works Administrator or his/her designee within fifteen (15) days and filed, in writing, with the Planning/Building/Public Works Department. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Section. 2 ORDINANCE NO. SECTION VT. Section 4-6-060.1, of Chapter 6, Street and Utility 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: L. TIMING FOR INSTALLATION OF AWROVEMENTS: No building shall be granted a certificate of final occupancy, or plat or short plat recorded, until all the required street improvements are constructed in a satisfactory manner and approved by the responsible departments unless those improvements remaining unconstructed have been deferred by the Planning/Building/Public Works Administrator or his/her designee and security for such unconstructed improvements has been satisfactorily posted. SECTION VIEL Section 4-6-090.E.2.a ii of Chapter 6, Street and Utility 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: ii. Special Requirements for Rezoned Areas: All areas rezoned for commercial or industrial use after the effective date of this Chapter shall be converted to underground in the same manner as provided herein for existing facilities within fifteen (15) years from the effective date of such rezoning, subject to a ten (10) year extension by the City, provided that the Planning/Building/Public Works Administrator or his/her designee elects to add such rezoned areas to those outlined on the map as designated in subsection E2a of this Section. SECTION VIII. Section 4-6-090.I of Chapter 6, Street and Utility 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: 3 ORDINANCE NO. I. VARIANCE PROCEDURES: Authority: All applications for variances from the foregoing underground requirements shall first be filed with the Planning/Building/Public Works Administrator or his/her designee. The Administrator shall promulgate rules and regulations governing application for, hearings pertaining to, and the granting of variances from the foregoing underground requirements. 2. Review Criteria: Underground requirements shall be waived by a variance only if the utility owner or user or any other affected party can demonstrate that it would work an undue hardship to place the facilities concerned underground. By an undue hardship is meant a technological difficulty associated with the particular facility, or with the particular real property involved, or a cost of undergrounding such a facility which, in the discretion of the Planning/Building/Public Works Administrator or his/her designee, is deemed to outweigh the general welfare consideration implicit in underground installation, or an area where the growth pattern has not been sufficiently established to permit the determination of ultimate service requirements or major service routes. SECTION IX. Section 4-7-054.C.6 of Chapter 7, Subdivision 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: 6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Planning/Building/Public Works Administrator or his/her designee. n ORDINANCE NO. SECTION X. Section 4-7-050.D.6 of Chapter 7, Subdivision Regulations, of 5 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: 6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Planning/Building/Public Works Administrator or his/her designee. SECTION XL Section 4-7-150.F of Chapter 7, Subdivision 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: F. IMPROVEMENTS REQUIRED: All adjacent rights -of -way and new rights -of -way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the PIanning/Building/Public Works Administrator or his/her designee. SECTION XIL Section 4-8-050.1) of Chapter 8, Permits — General and Appeals, 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: D. EXEMPTIONS FROM STATE NOTIFICATION AND PROCEDURAL REQUIREMENTS FOR PERMIT APPLICATIONS NOT SUBJECT TO ENVIRONMENTAL REVIEW: RCW 36.70B.140 allows local governments to exclude certain approvals and building and engineering permits from the public notification and procedural requirements of the statute if they are categorically exempt from environmental review or if environmental review has already 5 ORDINANCE NO. been completed at an earlier stage. However, the City's one hundred twenty (120) day maximum processing time would still apply. Therefore, the City exempts the following actions from the public notification and procedural requirements since they are typically processed very quickly and would be considerably delayed by imposition of a public comment period(s). 1. Building and grading permits (SEPA exempt), 2. Business licenses for home occupations, 3. Planning/Building/Public Works Administrative variances (i.e., driveway grade), 4. Fire installation/construction permits, 5. Electrical, mechanical, plumbing, sign and special fence permits, 6. Lot line adjustments, 7. Final plats, 8. Minor amendments (less than 10 percent) to a previously approved site plan, 9. Occupancy permits, 10. Open space, agricultural and timber lands current use assessment, 11. Public art exemption certificate, 12. Routine vegetation management permits (SEPA exempt), 13. Shoreline exemptions, 14. Temporary use permits (SEPA exempt), but not exempting sign requirements, 15. Water, sewer, storm drainage, roadway permits (SEPA exempt), 16. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. SECTION X1H. Section 4-8-110.13 of Chapter 8, Permits — General and Appeals, 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: 0 ORDINANCE NO. 4-8-110.D APPEALS OF ADMINISTRATIVE DECISIONS TO THE PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT: Any decisions made in the administrative process related to the City's storm drainage regulations may be appealed to the Planning/Building/Public Works Administrator or his/her designee within fifteen (15) days and filed, in writing, with the Planning/Building/Public Works Department. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Chapter. SECTION XIV. Section 4-9-060.0 of Chapter 9, Permits — Specific, 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: C. PLANNINGBUILDING/PUBLIC WORKS ADMINISTRATOR'S DEFERRAL OF PLAT IMPROVEMENTS OR DEFERRAL OF OTHER ON- AND OFF -SITE IMPROVEMENTS BEYOND TEMPORARY OCCUPANCY PERMIT: 1. Applicability: If a developer wishes to defer certain improvements listed in this Title until after obtaining a certificate of occupancy for any structures, or in the case of plats, final plat approval, the written application shall be made to the Planning/Building/Public Works Administrator or his/her designee stating the reasons why such delay is necessary. 2. Decision Criteria: (Reserved) 3. Security Required: Upon approval by the Planning/Building/Public Works Administrator or his/her designee for such deferment, for good cause shown by the applicant, the applicant shall thereupon furnish security to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of the installation and required improvements. The decision of the Administrator as to the amount of such security shall be conclusive. 7 ORDINANCE NO. 4. Plans for Improvements Required: Should the Planning/Building/Public Works Administrator or his/her designee grant the deferral of part or all of the necessary on -site improvements, then full and complete engineering drawings of the on -site improvements shall be submitted as a condition precedent to the granting of any deferral. 5. Waiver of Requirement for Plans: Board may waive requirement of construction plans for short plat improvement deferrals. 6. Expiration: Such security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Planning/Building/Public Works Administrator or his/her designee, and if no time is so specified, then not later than one year. For plats, if no time is established, then not later than one year after approval of the final plat by the City Council or one year after recording of a short subdivision. The security shall be held by the Finance Department. 7. Extension of Time Limit: The Planning/Building/Public Works Administrator or his/her designee (Administrator) shall annually review the deferred improvements and the amount of the security. Should the Administrator determine that any improvement need not be installed immediately, then the Administrator may extend the deferral for an additional period of time up to an additional year. Any improvement deferred for five (5) years shall be required to be installed or shall be waived by the Administrator pursuant to RMC 4-9-250.C, Waiver Procedures, unless the Administrator determines that it is more likely than not that the improvements would be installed within an additional five (5) year period of time, in which case the Administrator may continue to defer the improvements year to year subject to the other conditions contained in this Section. Should any improvement be initiated before the lapse of a deferral, and the work is diligently pursued, then the Administrator may extend the deferral 8 ORDINANCE NO. period for a term equivalent to the time necessary to complete construction, but subject, however, to continuation of the security. At the same time as the granting of any additional deferral, the security for such deferral shall be reviewed and increased or decreased as the Administrator shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the deferred improvement. 8. Acceptable Security: Security acceptable under this Section may be cash, letter of credit, set aside letter provided that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the City accept a performance bond. Any security device must be payable to the City upon demand by the City and not conditioned upon approval or other process involving the applicant. Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose. Any security that, according to its terms, lapses upon a date certain, will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date of the prior security. Each security document posted with the City must be approved by the City Attorney, whose decision as to the acceptability of the security shall be conclusive. 9. Special Security Option for Deferral of Street Improvements: A restrictive covenant running with the land, signed and properly recorded after City Attorney review, may be accepted as security if the covenant guarantees that the property will join in any future LID established to install the required improvements in addition to the following conditions: 2 ORDINANCE NO. a. There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years. b. There will be no detrimental effect on the public health, safety or welfare if the improvements are not installed. C. There is no likelihood that the zoning or land use on or adjacent to the site will change to a higher classification within a five (5) year period, thus increasing the likelihood that the improvements will be needed. d. A covenant approved by the Planning/Building/Public Works Administrator or his/her designee shall contain language that stipulates the property owner will immediately install the deferred improvements at his or her expense upon a determination of the Administrator that the improvements have become necessary. 10. Special Security Option for Short Plats: A restrictive covenant running with the land, signed and properly recorded after City Attorney review, may be accepted as security if the covenant guarantees that the property will join in any future limited improvement district established to install the required improvements in addition to the following conditions: a. The restrictive covenant for deferrals occurs only for a single family development no larger than a short plat. b. There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the next five (5) years. C. There will be no detrimental effect on the public health, safety or welfare if the improvements are not installed. 10 ORDINANCE NO. d. There is little likelihood that the zoning or land use on or adjacent to the site will change to a higher classification and development will occur within a five (5) year period, thus increasing the likelihood that the improvements will be needed. e. A covenant approved by the Planning/Building/Public Works Administrator or his/her designee shall contain language that stipulates the property owner will immediately install the deferred improvements at his or her expense upon a determination of the Administrator that the improvements have become necessary. 11. Security Requirement Binding: The requirement of the posting of any security therefore shall be binding on the applicant and the applicant's heirs, successors and assigns. 12. Record of Deferral: The Planning/Building/Public Works Administrator or his/her designee shall note for the Department's record the following information: the improvements deferred, amount of security or check deposited, time limit of security or check, name of bonding company, and any other pertinent information. 13. Transfer of Responsibility: Whenever security has been accepted by the Planning/Building/Public Works Administrator or his/her designee, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the security, and has provided security. In the instance where security would be provided by a condominium owners' association or property owners' association, then it shall be necessary for the owners association to have voted to assume the obligation before the City may accept the security, and a copy of the minutes of the owners' association duly certified shall be filed along with the security. 14. Administrative Approval Required Prior to Transfer of Responsibility: The City shall not be required to permit a substitution of one party for another on any security if the 11 ORDINANCE NO. Planning/Building/Public Works Administrator or his/her designee, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. 15. Proceeding Against Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such security or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this code, the developer shall pay the City all costs incidental to such litigation including reasonable attorney's fees. The applicant shall enter into an agreement with the City requiring payment of such attorney's fees. SECTION XV. Section 4-9-250.C.2 of Chapter 9, Permits — Specific, 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: 4-9-250.C.2 Authority for Waiver of Street Improvements: The Planning/Building/Public Works Administrator or his/her designee may grant waiver of the installation of street improvements subject to the determination that there is reasonable justification for such waiver. SECTION XVL Section 8-7-8 of Chapter 7, Noise Level Regulations, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 8-7-8 VARIANCES AND APPEAL: A. Jurisdiction: The Planning/Building/Public Works Administrator or his/her designee shall hear and decide requests for variances from the requirements of this Chapter. B. Application: Parties seeking a variance from this Chapter, or a duly authorized representative of the parties seeking the variance, shall file an application for the variance, which 12 ORDINANCE NO. application shall set forth fully the grounds therefore and the facts the applicant deems material to justify the granting of such a variance. C. Public Notice And Hearing: The hearing for a noise variance shall be a public hearing, the date of which shall be not more than forty five (45) days from the date of filing and acceptance of the application for the variance. Notice of the time and place of public hearing shall be given and at least one publication in the City's legal newspaper, which publication shall be not less than ten (10) days prior to the date of said public hearing. In addition, three (3) written notices of such public hearing shall be posted at least ten (10) days prior to such hearing within, on or about the location which will generate such noise. Additionally, written notice of the hearing shall be given to any resident or property owner that will experience an increase in noise, or potentially have an increase in noise, such that this variance will increase the quantity of noise received by that property owner or resident. The burden of providing that this written notice has been properly given shall be upon the applicant. The Planning/Building/Public Works Administrator or his/her designee shall not consider any variance for which written notices have not been given, or grant any variance that would cause an increase in noise levels beyond that permitted in this Chapter unless the affected property owner or resident has been notified. D. Factors For Granting Variance: The Planning/Building/Public Works Administrator or his/her designee, in passing upon an application for a variance, shall consider all technical evaluations, all relevant factors and standards specified in other sections of this Chapter, and in addition thereto shall consider the following, none of which is mandatory for the granting of the variance: 1. That the applicant will suffer an undue hardship and the variance is necessary because of special circumstances applicable to the applicant's property or project, and that the 13 ORDINANCE NO. strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. 2. That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. 4. That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. 5. The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. E. Findings and Conclusions of Planning/Building/Public Works Administrator: The Planning/Buildingftblic Works Administrator or his/her designee shall reduce his or her decision to written findings, conclusions and a decision. The written findings, conclusions and decision shall include a section noting the right of appeal from the decision to the City Council. F. Appeals: Any party participating in the public hearing feeling aggrieved by the decision of the Planning/Building/Public Works Administrator or his/her designee may appeal the 14 ORDINANCE NO. decision of the Administrator to the Hearing Examiner within fourteen (14) days of the decision. The appeal document shall note the errors in findings or conclusions which the appellant believes are material to the appeal. The Hearing Examiner shall consider the appeal and shall affirm the decision of the Administrator unless the Hearing Examiner finds that there are material errors in the findings or conclusions, or that the decision is not supportable by the findings and conclusions. If the Hearing Examiner finds such errors it shall reduce its decision to writing specifying the findings and conclusions that are in error or stating that the decision is not supportable by the findings and conclusions. Any party remaining aggrieved by the decision of the Hearing Examiner may further appeal to the King County Superior Court within twenty-one (21) calendar days from the date of the City Council's decision. SECTION XVIL Section 9-2-2.A of Chapter 2, Excess Right of Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Any person, partnership or corporation desirous of temporarily or permanently using and occupying unneeded and unused public right-of-way and whose property directly abuts and adjoins such public right-of-way, may apply to the Planning/Building/Public Works Administrator or his/her designee to secure a revocable permit or permanent easement for such use. Such application shall include sufficient and specific plans as to the proposed use and any such use and occupancy shall be in compliance with all of the City's laws and ordinances. If such application is for a permanent easement, that application shall additionally include the following: 1. Evidence, such as a title policy, title search or other similar mechanism showing that the applicant owns the underlying fee to the public right-of-way; or 15 ORDINANCE NO. 2. If the applicant is not the owner in fee of the property burdened by the right-of- way, then a quit claim deed or easement from the fee owner; or 3. In doubtful cases, or where ownership cannot be proven, what title history is available, and a covenant running with the land holding the City harmless from any and all later claims for damages, inverse condemnation, injunction or other action premised upon the City's granting of the permanent easement. 4. Where the City is the fee owner of the property in question, subsections A.1 through A.3 of this Section shall be satisfied. SECTION XVIH. Section 9-2-3 of Chapter 2, Excess Right of Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 9-2-3 STANDARDS OF REVIEW: A. Revocable Permits: Prior to the issuance of any revocable permit, the PlanningBuilding/Public Works Administrator or his/her designee shall find and determine that the City has no foreseeable use or need for such excess or unused public right-of-way for the period of time of the permit. B. Permanent Easements: Prior to the issuance of any permanent easement, the Planning/Building/Public Works Administrator or his/her designee shall review the application and determine that the easement is the minimum that will be necessary, that the easement will not negatively affect the current or anticipated future use of the right-of-way, and that the public good, in balance, is furthered by such easement. The easement is intended to allow granting of minor easements for eave overhangs, foundation footings or similar minor uses when approved by the Administrator, when the structures are deemed to be of significant benefit to the City. 16 ORDINANCE NO. Such permanent easement shall be limited to no more than three feet in width for underground structures such as foundation footings, and no more than eight feet in width for structures above ground such as eave overhangs or bay windows. In no case shall aboveground structures be less than 14 feet from ground elevation, nor shall they extend over the surface of a paved street, but shall be limited to over sidewalks, alleys, landscape areas, or unimproved areas. C. Vacation Of Right -Of -Way: If the subject right-of-way will not be necessary for future public use, then the applicant should be encouraged to apply for a vacation of the right-of-way. The application for use of right-of-way shall be tabled until the applicant refuses to apply for vacation or the vacation is denied by the City Council. If the vacation is granted, the application for use shall be dismissed. D. Authority And Conditions: The Planning/Building/Public Works Administrator or his/her designee shall further have the right to impose such conditions or terms as may appear reasonable under the circumstances in order to protect the public safety, welfare, general appearance and aesthetics of the subject area. The Administrator shall likewise have the authority to deny the permit should it find that it is not in the public interest and will not further the public safety, welfare, general appearance and aesthetics of the subject area. 9-2-4 FEE DETERMINED: When an application is approved, the Planning/Building/Public Works Administrator or his/her designee shall determine a nonrefundable fee as established by ordinance for the temporary use of the right-of-way or granting of a permanent easement. The fee shall be as stipulated in RMC 4-1-180.E. 9-2-5 MINIMUM PERMIT REQUIREMENTS: 17 ORDINANCE NO. A. Termination Of Revocable Permits: All revocable permits shall be subject to termination upon thirty (30) days' written notice by the City. B. Insurance Required: Any easement applicant under this Section or any permittee shall provide, prior to the issuance or grant of any such revocable permit or permanent easement, sufficient public liability and property damage insurance with limits of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) on account of public liability and not less than fifty thousand dollars ($50,000.00) on account of property damage. Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City. Upon showing of a hardship and at the discretion of the Planning/Building/Public Works Administrator or his/her designee, the insurance requirements may be reduced or waived for single-family or two-family residential applications. For municipalities or utilities that are self insured, there may be substituted a statement of self insurance showing the ability to answer for damages in the amounts stated in this paragraph. C. Agreement Required: Any easement holder or permittee shall furnish unto the City an appropriate hold harmless and indemnity agreement as may be approved by the City Attorney and/or a performance or maintenance bond. D. Cancellation Or Rescission: In case of any nonpayment of the established fee, or failure to maintain the insurance or indemnity agreement by such user, the revocable permit shall be deemed cancelled, or the easement rescinded. SECTION XM- This ordinance shall be effective upon its passage, approval, and 30 days after publication. 18 ORDINANCE NO. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1200:9/15/05:ma day of Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005. 2005. 19 � �' eUvse� 4- !6•�oas CITY OF RENTON, WASHINGTON ORDINANCE NO. 6- S AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING CHAPTER 1-6 OF CHAPTER 6, CODE OF ETHICS, OF TITLE I (ADMINISTRATIVE), AND AMENDING CHAPTERS 4-1, 4-4, 4- 5, 4-8 AND 4-9 OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CHANGING REFERENCES FROM THE BOARD OF ADJUSTMENT TO THE PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 1-6-8 of Chapter 6, Code of Ethics, of Title I � dd�a ��ior �A (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby repealed. SECTION IL Section 4-4-080.I.6 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: 6. Driveway Grades — Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%), provided that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garagetresidence or crossing any public sidewalk. To exceed fifteen percent (15%), a variance from the Planning/Building/Public Works Administrator or his/her designee is required. ORDINANCE NO. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%). The Planning/Building/Public Works Administrator or his/her designee may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent 0 5%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. SECTION HL Section 4-4-100.S 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: S. VARIANCES: Applications for variances from the provisions of this Chapter shall be heard by the Planning/Building/Public Works Administrator or his/her designee as provided in RMC 4-1- 050.1) and consistent with the provisions of RMC 4-9-250.B. SECTION IV. Section 4-5-050.D.4 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" is hereby amended to read as follows: 4. Appeals Board: The Appeals Board for purposes of section 112 of the International Building Code shall be the Planning/Building/Public Works Administrator or his/her designee. SECTION V. Section 4-5-055.D.3 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" is hereby amended to read as follows: 2 Y ORDINANCE NO. 3. Appeals Board: The Appeals Board for purposes of Section R112.1 of the International Residential Code shall hereafter be the Planning/Building/Public Works Administrator or his/her designee. SECTION VL Section 4-5-090.B 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" is hereby amended to read as follows: B. APPEALS BOARD: The Appeals Board for purposes of Section 109 shall be the Planning/Building/Public Works Administrator or his/her designee. SECTION VIi. Section 4-5-100.11 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" is hereby amended to read as follows: B. APPEALS BOARD: The Appeals Board for purposes of Section 109.1 shall be the Planning/Building/Public Works Administrator or his/her designee. SECTION VM. Section 4-8-070.0 of Chapter 8, Permits — General and Appeals, 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: C. PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR OR DESIGNEE: Authority: The Planning/Building/Public Works Administrator or his/her designee shall review and act on the following: i. Appeals of administrative decisions/determinations regarding requests for modification of storm drainage regulations; 3 ORDINANCE NO. 2. Appeals relating to Uniform Building Code Sections: Section 105, Section 110, and Section 1.18 — Alternative Materials; 3. Building and grading permits; 4. Conditional approval permits for nonconforming structures; 5. Conditional use permit, administrative; 6. Critical area regulation alternates and modifications; 7 Critical areas regulation administrative determinations per RMC 4-3-050.D.4; 8. Interpretation of flood insurance rate map boundaries; 9. Lot line adjustments; 10. Modifications: (a) Minor modifications to previously approved site plan; (b) Modifications of storm drainage requirements; (c) Modification of geologic hazard regulations for man-made slopes; (d) Modifications/waivers of sewer code requirements; (e) Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations; and (f) Modifications to development standards in the Center Village Residential Bonus District and the Urban Design Regulation Overlay District; 11. Public art exemption certificate; 12. Review of business licenses for home occupations; 13. Revocable permits for the temporary use of public right-of-way; 14. Routine vegetation management permits; 4 ORDINANCE NO. 15. Sewer modifications, alternates, and appeals pursuant to RMC 4-9-250.D and E and 4-8-110.1), respectively, 16. Shoreline exemptions; 17. Shoreline permits; 18. Short plats — four (4) or less; 19. Site plan approval, administrative; 20. Master Plan review (individual phases); 21. Temporary emergency wetland permits; 22. Temporary use permits; 23. Variances: (a) Administrative pursuant to RMC 4-9-250.B. l.c; (b) Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, and any building permits submitted in conjunction with such variance application; and (c) Variances from chapter 8-7 RMC, Noise Level Regulations; and 24. Waivers: (a) Waivers of right-of-way dedication for plat; (b) On- and off -site improvements (including deferrals); and (c) Allowing a commercial or multi -family residential driveway grade of between eight percent (8%) and fifteen percent (15%). 5 il ORDINANCE NO. SECTION TX. Sections 4-8-070.1) and F of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby repealed. SECTION X. The Table entitled "Type IV — Land Use Permits Board of Adjustment' in Section 4-8-080.H of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby repealed. SECTION Xt Section 4-8-110.A of Chapter 8, Permits — General and Appeals, 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: A. SCOPE AND PURPOSE: This Section provides the basic procedures for processing all types of land use and development -related appeals. Specific requirements are based upon the type/level of appeal and the appeal authority. Procedures for the following types of appeals are included in this Section: 1. Appeals of administrative decisions to the Planning/Building/Public Works Administrator or his/her designee; 2. Appeals to Hearing Examiner of administrative decisions and environmental determinations; 3. Appeals to City Council; 4. Appeals to Superior Court; and 5. Appeals to the State Shorelines Hearings Board. 101 W ORDINANCE NO. c� SECTION XII. Section 4-8-120.D.22 of Chapter 8, Permits — General and gel Appeals, 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: 22. Definitions V: Variance Justification: A written statement setting forth the reasons in favor of the application and addressing the criteria listed in RMC 4-9-250.B.5 which are used by the Dearing Examiner or Planning/Building/Public Works Administrator or his/her designee when reviewing the variance request. SECTION XM. Section 4-9-250.13. Lb of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby repealed. SECTION XIV. Section 4-9-250 B.13 of Chapter 9, Permits - Specific, 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: 13. Decision Process: a. The Planning/Building/Public Works Administrator or his/her designee Shall Announce Findings and Decisions: Not more than thirty (30) days after the termination of the proceedings of the public hearing on any variance, the Planning/Building/Public Works Administrator or his/her designee shall announce the Administrator's findings and decision. If a variance is granted, the record shall show such conditions and limitations in writing as the Administrator may impose. b. Notice of Decision of the Planning/Building/Public Works Administrator or his/her designee: Following the rendering of a decision on a variance application, a copy of h } . • ORDINANCE NO. the written order by the Administrator shall be mailed to the applicant at the address shown on the application and filed with the Planning/Building/Public Works Department and to any other person who requests a copy thereof. C. Reconsideration: (Reserved) d. Record of Decision: Whenever a variance is approved by the Planning/Building/Public Work$ Administrator or his/her designee, the Building Department shall forthwith make an appropriate record and shall inform the administrative department having jurisdiction over the matter. SECTION XV. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1198:9/16/05:ma Kathy Keolker-Wheeler, Mayor 8 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5'16-f 1st readixy 9-19-06s -eevised Q-AI-OS (No easamert -to be refa%ned, 50 Aat lanyuaqe� was Mmovrd/) rascvr'Xn naf 4«deol 6P rPguir�'.I AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ee�� VACATING THREE PORTIONS OF BREMERTON AVE. NE, SOUTH OF 461ap f e I NE 4te STREET AND NORTH OF SE 2"d PL. (LIBERTY RIDGE; VAC 04- 007) -0S WHEREAS, a proper petition for vacating portions of the west edge of Bremerton Avenue NE lying between NE 4 h St. and SE 2nd Pl. was filed with the City Clerk on December 27, 2004, and that petition was signed by the owners representing more than two-thirds (2/3) of the property abutting upon the street or alley to be vacated; and WHEREAS, the City Council, by Resolution No. 3732, passed on January 24, 2005, set February 28, 2005, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter; and the City Clerk having given proper notice of this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and n arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described portions of Bremerton Avenue NE, to wit: 1 ORDINANCE NO. Three portions of right-of-way of Bremerton Ave NE, south of NE 4d' St. and north of SE 2nd PI; approximately 3,998 square feet, described more particularly in Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein, be and the same is hereby vacated. SECTION II. The City Council hereby elects to charge a fee of $5,170 (Five Thousand, One Hundred and Seventy Dollars) to the petitioner -owners, which has been paid to the City. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1201 a:9/21/05:ma 2 day of , 2005. Bonnie I. Walton, City Clerk day of 2005. Kathy Keolker-Wheeler, Mayor Exhibit A Legal Description of the Proposed Street Vacation of Three Portions of the West Edge of Bremerton Avenue NE That portion of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East, Willamette Meridian, situate in the City of Renton, County of King, State of Washington legally described as follows: Those portions of the North half of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East, Willamette Meridian described as follows: Commencing at the Northeast corner thereof; Thence North 89°08'05" West along the North line thereof, a distance of 25.00 feet to the True Point of Beginning; Thence South 00° 13'59" East parallel with the East line thereof, a distance of 69.53 feet to the beginning of a curve tangent to said line; Thence Southwesterly a distance of 26.18 feet along the curve concave to the Northwest, having a radius of 25.00 feet and a central angle of 60°00'00" to a point of cusp; Thence North 00° 13'59" West parallel with the East line thereof, a distance of 91.42 feet; Thence South 89°08'05" East along the North line thereof, a distance of 12.50 feet to the True Point of Beginning. Containing 1063 square feet, more or less. AND Commencing at the Northeast corner thereof, Thence North 89°08'05" West along the North line thereof, a distance of 3 7.5 1 feet; Thence South 00°13'59" East parallel with the East line thereof, a distance of 140.14 feet to the True Point of Beginning; Thence continuing South 00°13'59" East parallel with the East line thereof, a distance of 189.92 feet to the South line of said North half; Thence South 89°11'22" East, a distance of 12.50 feet; Thence North 00°13'59" West, a distance of 168.50 feet to the beginning of a curve tangent to said line; Page 1 of 2 Thence northwesterly a distance of 26.18 feet along the curve concave to the southwest, having a radius of 25.00 feet and a central angle of 60°00'00" to the True Point of Beginning. Containing 2,297 square feet, more or less. /II0117 That portion of the South half of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East, Willamette Meridian, described as follows: Beginning at the Southeast corner of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East, Willamette Meridian; Thence North 89°14'40" West, along the South line thereof, a distance of 7.50 feet; Thence North 00°13'59" West, parallel with the East line thereof, a distance of 81.74 feet to a point of cusp on a curve concave to the southwest having a radius of 25.00 feet and a central angle of 3°47'02" and being subtended by a chord which bears South 25'19'43" East 1.65 feet; Thence Southeasterly along said curve, a distance of 1.65 feet; Thence South 25°28'04" East, a distance of 15.95 feet to the East line thereof; Thence South 00°13'59" East, a distance of 65.95 feet to the South line thereof and the Point of Beginning. Containing 552 square feet, more or less. Page 2 of 2 EXHIBIT B Map Exhibit 25, 00'. 1 ob3 SQ1 Ft A.0 it ui < J2, 50' 0 i-- cr u V vs, 4S. sq z 100, 200 SCALE 1"= 100' 38965 L MA% ExPmEs5-23-2007 62 F t