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HomeMy WebLinkAboutCouncil 06/06/2005AGENDA RENTON CITY COUNCIL, REGULAR MEETING June 6, 2005 Monday, 7:30 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Storefront Studio Presentation on Downtown Renton 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of May 23, 2005. Council concur. b. City Clerk reports bid opening on 5/17/200.5 for CAG-05-054, Fire Station #11 HVAC Replacement; three bids; engineer's estimate $50,000; and submits staff recommendation to award the contract to the low bidder, McKinstry Co., in the amount of $59,523. Council concur. e. Community Services Department submits CAG-04-116, Gene Coulon Memorial Beach Park Gangway Improvements; and requests approval of the project, authorization for final pay estimate in the amount of $12,420.17, commencement of 60-day lien period, and release of retained amount of $7,430.99 to American Civil Constructors West Coast, Inc., contractor, if all required releases are obtained. Council concur. d. Development Services Division recommends acceptance of the dedication of additional right-of- way to complete S. 36th PI. to fulfill a requirement of the Waterbury Short Plat (SHP-04-102). Council concur. e. Development Services Division recommends acceptance of the dedication of additional right-of- way at the corner of Park Ave. N. and N. 36th St. to fulfill a requirement of the Sampson Short Plat (SHP-04-066). Council concur. f. Development Services Division recommends acceptance of the dedication of additional right-of- way located east of Bremerton Ave. NE and north of NE 4th St. to fulfill a requirement of the Vision House Plat (LUA-03-037). Council concur. g. Economic Development, Neighborhoods and Strategic Planning Department recommends a public hearing be set on 6/20/2005 to consider the proposed R-4 zoning for the Wedgewood Lane Annexation; 35.68 acres located east of 144th Ave. SE (Jericho Ave. NE), if extended, and west of 148th Ave. SE (Nile Ave. NE). Council concur. h. Finance and Information Services Department requests approval of an ordinance authorizing carry forward requests and additional appropriations totaling $24,654,915, which increases the 2005 Budget from $152,731,500 to $177,386,415. Refer to Finance Committee. i. Legal Division recommends approval of an ordinance prohibiting attendance at street racing events and criminalizing violations. Refer to Public Safety Committee. 7. CORRESPONDENCE (CONTINUED ON REVERSE SIDE) 8. 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. Transportation (Aviation) Committee: Agreement with WSDOT for I-405 Right -of -Way Plans Using HUD BEDI Grant Funds*; SR-169 Route Development Plan and Corridor Study Agreement with WSDOT* b. Utilities Committee: Latecomer Agreement Request for Merrill Gardens @ Renton Centre; Latecomer Agreement Request for Liberty Grove 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Agreement with WSDOT for I-405 right-of-way plans (see 8.a.) b. Agreement with WSDOT for SR-169 route development plan (see 8.a.) c. Declaring a moratorium on sewer availabilities for new subdivisions within the East Renton Plateau potential annexation area and establishing a public hearing date and a termination date (Council approved via Committee of the Whole report on 5/23/2005) Ordinance for first readjgg: Abandoned shopping carts (Council approved via Planning & Development Committee report on 5/23/2005) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 6:30 p.m. Emerging Issues Council Chambers Approximately 7:00 p.m. Parks Maintenance Facility Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CASLECAST TUES. & THURS. AT 1 1:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting June 6, 2005 Council Chambers Monday, 7:35 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE, Council President; DENIS LAW; DAN CLAWSON; TONI COUNCILMEMBERS NELSON; RANDY CORMAN; DON PERSSON; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; BEN WOLTERS, Economic Development Director; DENNIS CULP, Community Services Administrator; COMMANDER TIM TROXEL, Police Department. SPECIAL PRESENTATION Alex Pietsch, Economic Development Administrator, explained that Storefront EDNSP: Storefront Studio Studio is a program that allows University of Washington's College of Program (University of Architecture and Urban Planning students to bring a fresh perspective for how Washington), Downtown downtown Renton can look, feel, and function in the future. Jim Nicholls, Renton Professor of Architecture, stated that students worked with local business and property owners to identify the assets of the downtown area and to develop design proposals and guidelines to assist the community in preserving and developing downtown Renton's unique character. Professor Nicholls stated that four principal concepts were identified and developed over the course of this effort: 1) connecting greenways through the City, 2) activating the interior courtyards in old downtown, 3) revitalizing elevations and facades, and 4) envisioning renewed buildings. Professor Nicholls, and students Mary Ellen Olafson and Emily Schaefer, discussed suggested improvements, the concept of recycling rather than tearing down and starting over or restoring to the original look, the community -wide open houses that were held, and the positive reception of the effort by community members. Images of the transformations were displayed, showing structures and areas as they look now and how they can look in the future. In conclusion, Mr. Nicholls suggested the City revise its sign code to allow for more creative signage, and develop bike paths in the downtown area. The Councilmembers and Mayor commented on the ideas they favored, such as the courtyards, creative signage, and lighting. Mayor Keolker-Wheeler indicated that she had challenged the students at the beginning of the project to develop ideas that were achievable and accomplishable. She encouraged all Councilmembers to view the materials developed by the students, and suggested displaying some of the materials at City Hall. 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: June 6, 2005 Renton City Council Minutes Page 203 • Thanks to the generosity of service groups and City of Renton employees, since April of this year, the City has been able to award 61 scholarships totaling $3,500 to low-income children and adults to participate in City - sponsored activities. • The Renton Clean Sweep Program will continue with individual neighborhood clean ups on the weekends of June I lth/I2th and June 18th/19th. The City held its first Stop & Swap event on June 4th, and its Spring Recycling Day event on May I4th. Public Safety: Calling 911 Mayor Keolker-Wheeler advised citizens to report suspicious activities by calling 911 at the time of the event instead of waiting until days later to report the incident. AUDIENCE COMMENT Sandel DeMastus, 1137 Harrington Ave. NE, Renton, 98050, reported that two Citizen Comment: DeMastus - pit bull dogs attacked her neighbor last Friday, that two weeks ago the same Pit Bull Dogs dogs attempted to attack another neighbor, and that a number of pit bulls live in the Highlands area. Ms. DeMastus asked that the City consider banning pit bulls, as has been done in other cities. Stating that an ordinance regulating dangerous dogs was adopted in 2002, Councilman Clawson reviewed the process by which incidents are handled by the Police Department. He encouraged residents to report any occurrences. In response to Councilman Corman's inquiry regarding the possibility of prosecuting the animal owner if someone is hurt or killed, City Attorney Larry Warren indicated it is possible to prosecute that type of case; however, a substantial record must be established that shows knowledge or reckless disregard for public safety. He noted the importance of showing a history when prosecuting cases, and the importance of reporting incidents. Mayor Keolker-Wheeler stated for the record that the two pit bulls are in custody. Citizen Comment: Claeys - Susan Claeys, Sundance at Talbot Ridge Homeowners Association President, Stonehaven Development, Use 4708 Smithers Ave. S., Renton, 98055, stated that Sundance is an 18-lot of Sundance at Talbot Ridge subdivision located on the corner of S. 47th St. and Smithers Ave. S. The Private Water Detention subdivision contains a privately owned wet vault. Ms. Clay pointed out that Facility drainage from the heavily forested area located above Sundance was factored into the design of its wet vault, and that wetlands also appear to drain through the forested area into the wet vault. She reported that the builder of Stonehaven, a 36-lot development currently in the permitting process located southeast of Sundance, plans to connect four homes and a portion of street to Sundance's wet vault. Ms. Claeys expressed the following concerns: 1) Will the four new homeowners accept the same financial obligations and responsibilities for the maintenance of the wet vault as the Sundance residents have? 2) Was the drainage from the wetlands factored into the original calculations that determined the size of the wet vault? MOVED BY CORMAN, SECONDED BY PERSSON, COUNC L ALLOW THE SPEAKER THREE ADDITIONAL MINUTES FOR HER COMMENTS. CARRIED. Ms. Claeys continued with her concerns as follows: 3) flow many other homes will Renton allow to connect to Sundance's wet vault? 4) Why did the builder June 6, 2005 Renton City Council Minutes Page 204 not have to seek permission from Sundance to use the wet vault? 5) How can Renton compel the developer of Sundance to have the residents pay for the maintenance of the private wet vault, but not have future homeowners who connect to the vault pay their share? 5) How will Renton determine negligence in connection to Sundance's wet vault if homes outside of the development are connected to the vault? Ms. Claeys relayed that she was told this is a unique situation, and countered that a unique solution is required that is fair and equitable for all concerned. Gregg Zimmerman, Planning/Building/Public Works Administrator, explained that subdivisions are held to the City's current surface water standards. In this vicinity, the City generally adds a requirement to contain the 100-year storm, and because of the added impervious surface, subdivisions must have detention ponds and water quality vaults. The City requires that engineers characterize the entire sub -basin to make sure that the water detention system is sized not only to handle the added impervious surface, but also any other drainage that is naturally occurring in the sub -basin. Mr. Zimmerman noted that the Sundance wet vault was sized in this manner. He reported that the City also requires developers to establish restrictive covenants requiring the established homeowners association to pay for the maintenance and operation of these facilities. Regarding the Stonehaven development, Mr. "Zimmerman stated that a homeowners association will be established, and residents will be required to provide maintenance and upkeep of Stonehaven's water detention facility. However, due a slope, four lots and a portion of street will not be able to drain into this system. He pointed out that this is not a unique situation, and there are situations throughout the City where existing drainage from new subdivisions go through existing systems, most of which are public, but portions of the system are private. Mr. Zimmerman indicated that he will further investigate Ms. Claeys concern regarding the wetland drainage into Sundance's wet vault. Continuing, Mr. Zimmerman explained that the City does not get involved with the individual arrangements of homeowners associations. Pointing out that the future owners of the subject four lots will eventually pay dues to their homeowners association, he recommended that once the association is established, that the two affected associations discuss the issue and come to an arrangement regarding Sundance's water detention facility. Mr. Zimmerman assured that Sundance's facility is sized to handle the modest flow from the four lots and pavement, and there is no added danger or risk. Councilman Clawson noted that water goes where it goes, especially in areas that have not yet been developed. He indicated that one of the problems with development is that impermeable surface is created. Mr. Clawson stated that he wants the City to encourage builders to retain more of the water on the property. Responding to Council President Briere's inquiry, Mr. "Zimmerman stated that he will find out why the water detention facility for the Stonehaven development was located at that particular place. Councilman Persson inquired as to how the City can give permission to a developer to hook-up to an already existing private water detention facility. Mr. Zimmerman explained that the associated public roadways also drain to the facilities; thus a homeowners association maintains a mixture of public June 6, 2005 Renton City Council Minutes Page 205 roadways and a facility. He pointed out that the drainage does not connect directly into the facility, but uses existing public conveyance pipes. Councilman Corman questioned why an additional wet vault was not created to handle the four lots. He expressed concern that the City is trying to get private parties to take on the long-term maintenance of the water detention facilities. Mr. Corman noted the dilemma of the City requesting homeowner associations to maintain the facilities, yet outside parties are allowed to hook-up to the systems. Mayor Keolker-Wheeler stated that the Administration will review the matter and provide additional information. City Attorney Warren noted that the legal issues related to this matter are complicated. Citizen Comment: High - Gwendolyn High, 13405 158th Ave. SE, Renton, 98059, praised the Clean Swap & Stop Event, Sewer Sweep Renton program's Stop and Swap event held on June 4th. On another Moratorium in East Renton subject, Ms. High stated that the Citizens' Alliance for a Responsible Evendell Plateau PAA requested the sewer moratorium in the East Renton Plateau potential annexation area as the community is considering the possibility of annexation to Renton. She inquired as to what is deemed a complete application for sewer certificate for two milestones in the sewer concurrency certification application process, vesting and granting. Mayor Keolker-Wheeler noted the complexity of the issue and indicated that the Administration will provide an answer within the next few days. (See page 208 for resolution.) Citizen Comment: Hoben - Nancy Hoben, 17434 128th Ave. SE, Renton, 98058, announced that the Renton Farmers Market Renton Farmers Market opens on June 7th. Ms. Hoben explained that the market's goal is to not only support the smaller farmers and producers of goods, but to also be a community event. She reported that in addition to the regularly scheduled Master Gardener Clinics, Arts and Crafts Kids Booth, and Chefs Demonstrations, the Cascade Kids Circus and the Finnish Dancers will perform at the June 7th market. Citizen Comment: Brehmer - Theresa Brehmer, Bennett Development, 12011 NE 1st St., Bellevue, 98005, Sewer Moratorium in East stated her support for Care's (Citizens' Alliance for a Responsible Evendell) Renton Plateau PAA annexation effort. However, she expressed concern that CARE will use the proposed sewer moratorium in the East Renton Plateau potential annexation area as a means to stop growth in the area if the moratorium is not linked to a possible annexation election this fall. She asked that extensions to the sewer moratorium not be allowed. (See page 208 for resolution.) RECESS MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:58 p.m. The meeting was reconvened at 9:03 p.m.; roll was called; all Councilmembers present. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilman Clawson, item 6.i. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of May 23, 2005. Council concur. May 23, 2005 June 6, 2005 Renton City Council Minutes Page 206 CAG: 05-054, fire Station # 11 City Clerk reported bid opening on 5/ 17/2005 for CAG-05-054, Fire Station IiVAC Replacement, #I 1 HVAC Replacement; three bids; engineer's estimate $50,000; and McKinstry Co submitted staff recommendation to award the contract to the low bidder, McKinstry Co., in the amount of $59,523. Council concur. CAG: 04-116, Gene Coulon Community Services Department submitted CAG-04-116, Gene Coulon Park Gangway Improvements, Memorial Beach Park Gangway Improvements; and requested approval of the American Civil Constructors project, authorization for final pay estimate in the amount of $12,420.17, West Coast commencement of 60-day lien period, and release of retained amount of $7,430.99 to American Civil Constructors West Coast, Inc., contractor, if all required releases are obtained. Council concur. Development Services: Development Services Division recommended acceptance of the dedication of Waterbury Short Plat, ROW additional right-of-way to complete S. 36th Pl. to fulfill a requirement of the Dedication, S 36th Pl Waterbury Short Plat (SHP-04-102). Council concur. Development Services: Development Services Division recommended acceptance of the dedication of Sampson Short Plat, ROW additional right-of-way at the corner of Park Ave. N. and N. 36th St. to fulfill a Dedication, Park Ave N requirement of the Sampson Short Plat (SHP-04-066). Council concur. Development Services: Vision Development Services Division recommended acceptance of the dedication of House Plat, ROW Dedication, additional right-of-way located east of Bremerton Ave. NE and north of NE 4th Bremerton Ave NE St. to fulfill a requirement of the Vision House Plat (LUA-03-037). Council concur. Annexation: Wedgewood Economic Development, Neighborhoods and Strategic Planning Department Lane, 144th Ave SE & 148th recommended a public hearing be set on 6/20/2005 to consider the proposed R- Ave SE 4 zoning for the Wedgewood Lane Annexation; 35.68 acres located east of 144th Ave. SE (Jericho Ave. NE), if extended, and west of 148th Ave. SE (Nile Ave. NE). Council concur. Finance: 2004 Carry Forward Finance and Information Services Department requested approval of an Ordinance ordinance authorizing carry forward requests and additional appropriations totaling $24,654,915, which increases the 2005 Budget from $152,731,500 to $177,386,415. Refer to Finance Committee. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.i. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Legal Division recommended approval of an ordinance prohibiting attendance Item 61 at street racing events and criminalizing violations. Police: Street Racing Event Councilman Clawson expressed concern about language in the ordinance which Attendance Prohibition states that a person may be found guilty of a misdemeanor if: "1) (S)he knows or should know that an unlawful race event is occurring, has occurred, or is about to occur; and 2) (S)he intends to observe, support, or encourage the unlawful race event." He stated that a person just driving through the area may happen to observe the event, and suggested revising the language to state something to the effect of the person being in the area for the purpose of observing the event. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL RIPER CONSENT AGENDA ITEM 6.i. TO THE PUBLIC SAFETY COMMITTEE. CARRIED. June 6, 2005 Renton City Council Minutes Page 207 UNFINISHED BUSINESS Public Safety Committee Chair Law presented a report regarding Fire Public Safety Committee Department cross staffing. The Committee was briefed on this issue and Fire Department: Cross recommended referring this matter to the Administration to be handled during Staffing budget deliberations. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Corman presented a report recommending Latecomer Agreement: concurrence in the staff recommendation to grant preliminary approval of the Penhallegon Associates, application for a latecomer agreement request from Penhallegon Associates Merrill Gardens @ Renton Consulting Engineers, Inc. for a period of one year. The application for a Centre Development, LA-05- latecomer agreement was submitted to recover a portion of the $244,720.30 001 estimated cost of water main extension along Williams Ave. S., from S. 2nd St. to S. Tobin St. for the Merrill Gardens development. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the Council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Latecomer Agreement: Utilities Committee Chair Corman presented a report recommending Lakeridge Development, concurrence in the staff recommendation to grant preliminary approval of the Liberty Grove Development, application for a latecomer agreement request from Lakeridge Development, LA-05-002 Inc. (Wayne Jones) for a period of one year. The application for latecomer agreement was submitted to recover a portion of the $123,250 estimated costs of sanitary sewer installation to service lots at the Liberty Grove subdivision located at SE 136th St. and 160th Ave. SE. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to approve the EDNSP: I-405 ROW Plans, expenditure of up to $250,000 of the City's $300,000 Housing and Urban WSDOT Development Brownfield Economic Development (HUD BEDI) grant for the Washington State Department of Transportation contract to develop right-of- way plans for the North Renton area, as outlined in the scope of work. Applying the HUD BEDI funds on the I-405 right-of-way plans allows the City to use the funds within the constraints outlined by HUD and as described in the previously approved City agenda bill and issue paper accepting the HUD funds. Additionally, completed right-of-way plans will strengthen the North Renton I- 405 project position for additional funding and is a critical step for the 1-405 June 6, 2005 Renton City Council Minutes Page 208 project, Port Quendall, and other redevelopment efforts along I-405. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Transportation: SR-169 Route Transportation (Aviation) Committee Chair Palmer presented a report regarding Development Plan, WSDOT the agreement with Washington State Department of Transportation for the SR- 169 Route Development Plan and Corridor Study. The Committee recommended concurrence in the staff recommendation to approve a resolution for the purpose of supporting the SR-169 Route Development Plan and Corridor Study in the amount of $550,000 for the total project cost which is anticipated to be completed in 2006. The Committee further recommended that the Mayor and City Clerk be authorized to sign the interlocal agreement with WSDOT in the amount of $50,000 for the study. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Transportation: Garden Ave N Transportation (Aviation) Committee Chair Palmer presented a report regarding Street Name Change the Garden Ave. N. street name change. The Committee recommended concurrence in the staff recommendation to install a raised island to physically block the northbound movement at the intersection of Garden Ave. N. and N. 4th St. In addition, the Committee recommended the installation of a Local Access Only sign at Bronson Way N. and Garden Ave. N. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3756 A resolution was read authorizing the Mayor and City Clerk to enter into an EDNSP: I405 ROW Plans, interlocal agreement with the Washington State Department of Transportation WSDOT entitled "Agreement GCA43101-405 Congestion Relief and Bus -Rapid Transit Projects Right -of -Way Plan Development." MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3757 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: SR-169 Route interlocal cooperative agreement entitled "Cooperative Agreement SR-169 - Development Plan, WSDOT Route Development Plan - WSDOT (Washington State Department of Transportation) Agreement GCA 4213." MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3758 A resolution was read declaring a moratorium on sewer availabilities for new Utility: Sewer Moratorium in subdivisions within the East Renton Plateau potential annexation area, East Renton Plateau PAA establishing a public hearing date of 6/20/2005, and establishing a termination date for the moratorium of 12/6/2005. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/13/2005 for second and final reading: June 6, 2005 Renton City Council Minutes Page 209 Development Services: An ordinance was read adding a new subsection to Section 5-1-2.17 of Chapter Grocery Cart Abandonment 1, Fee Schedule, of Title V (Finance and Business Regulations) and a new Chapter 6-27, Shopping Cart Regulation, to Title VI (Police Regulations) of City Code relating to abandoned shopping carts. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/13/2005. CARRIED. NEW BUSINESS MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL REFER THE Annexation: Policy ISSUE OF AN ANNEXATION POLICY TO THE COMMITTEE OF THE WHOLE. CARRIED. AUDIENCE COMMENT Tom Carpenter, 15006 SE 139th Pl., Renton, 98059, expressed support for the Citizen Comment: Carpenter - Citizens' Alliance for a Responsible Evendell's annexation and sewer East Renton Plateau Potential moratorium efforts; however, he stressed that the fundamental concern of the Annexation Area East Renton Plateau area is not being addressed. If the area is annexed to Renton, the City will face the issue of how quality of life is maintained, if not improved, as the area is developed out according to the urban growth area designation that occurs in the Growth Management Act. Mr. Carpenter also stressed that it is important to address this issue as a joint effort between the affected residents, the developers and realtors, King County, and Renton. Citizen Comment: Hardy - Dave C. Hardy, 19235 108th Ave. SE, #206, Renton, 98055, urged the Mayor Children Testifying in and Councilmembers to study State House Bill 2068, which relates to children Dissolution Proceedings (HB testifying in dissolution proceedings, and to issue opinions that he will transmit 2068) to the prime sponsor of the bill, Representative Bob Hasegawa. Noting that he did read the bill, Councilman Corman stated he was impressed with the amount of passion Mr. Hardy has for the bill and acknowledged Mr. Hardy's personal connection with the subject matter. EXECUTIVE SESSION MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL RECESS INTO AND ADJOURNMENT EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS PROPERTY ACQUISITION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:34 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:44 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 6, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk • COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING June 6, 2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 6/13 CANCELLED (Briere) COMMUNITY SERVICES MON., 6/13 Heidi Beckley Appointment to Library (Nelson) 6:15 p.m. Board FINANCE MON., 6/13 Vouchers; (Persson) 6:30 p.m. Carry Forward Ordinance PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON MEMORANDUM DATE: June 6, 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 • The Renton Municipal Arts Commission will host a plaque dedication ceremony on Saturday, June 18`h, at 12:00 noon in conjunction with the weekend opening of the Henry Moses Aquatic Center Opening. The Commission will unveil the plaque depicting Henry Moses, which will be located inside the Aquatic Center. Members of the Duwamish will be attending the ceremony. • Downtown Renton will feature the tastes of summer beginning this week. The Renton Farmers Market opens on Tuesday, June 7"', at the Piazza and will be filled with a variety of fresh fruits, vegetables, cut flowers, baked goods, and more! The Market will be open every Tuesday from 3:00 to 7:00 p.m. through September 20'b. COMMUNITY SERVICES DEPARTMENT • The Renton Salvation Army Food Bank collected 81,000 pounds of food from the U.S. Postal Service food drive in May. In 2004, 67,000 pounds of food was collected. The new food bank facility located at 206 South Tobin is nearing completion and was able to store the donations. • Thanks to the generosity of service groups and City of Renton employees, since April of this year, the City has been able to award 61 scholarships totaling $3,500 to low-income children and adults to participate in city -sponsored activities. Thank you to Soroptomist International for donating $400 and Wal-Mart for their $1,000 donation. FIRE DEPARTMENT • A fireworks ban is in effect within the Renton city limits. The Police and Fire Departments will actively enforce the ban. Violators will be subject to both criminal and civil citations, based on the offense. To report violators, please call 9-1-1. To educate citizens about the ban, informational posters are displayed at public facilities and schools, grocery stores, convenience stores, restaurants, banks, and coffee stands; notices were inserted in utility bills and will be inserted into report cards; messages are being displayed on the City's electronic reader board, the City's website, and Cable Channel 21; an advertisement about the ban will appear in the June 15"' Renton Reporter, and information will be disseminated to neighborhoods. Additionally, the City is encouraging citizens to attend the public fireworks display during the Freddie's Club of Renton Fabulous Fourth of July, held on Monday, July 4"', at Coulon Beach Park in Renton. In Renton, property losses caused by fireworks incidents have totaled over $575,000 over the past five years. For more details about the fireworks ban, please contact the Fire Department at 425430-7000. Administrative Report June 6, 2005 Page 2 PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT The first ever Stop & Swap event, part of the City's overall Clean Sweep Program, was held on Saturday, June 4`h, at the Renton Memorial Stadium parking lot. The program reached its goal of encouraging residents to recycle their household items. Over 700 people turned out for the four-hour event to either drop off and/or pick up a wide variety of free items, including tables, couches, cabinets, kitchen items, sinks, doors, electronics, yard and garden tools, children's toys, and much more. Employees from the Utilities Systems and Maintenance Divisions, Waste Management, and volunteer city residents staffed the event. Unclaimed items were either recycled or properly disposed of in one dumpster of scrap metal and two of garbage. • The Renton Clean Sweep Program, whose theme is Building Community Through Shared Waste Reduction efforts and Neighborhood Involvement, will continue with individual neighborhood clean ups on the weekends of June 11"'/12'h and June 18'h/19`h. The City also held its annual Spring Recycling Day event on May 14`h at the Renton Technical College. �xr From: Jay Covington To: Anderson, Garry; Law, Denis Date: 6/4/2005 12:46:36 PM Subject: RE: Today's Pittbull Attack Neighbors attacked Denis, thanks for information. I hadn't hear about this incident. We will have an update ready for the Council Monday. For your information, chief Anderson and I have been trying to work with Sandel for months to report any suspicious behavior immediately via 9-1-1, rather than wait until after the dogs are out and then email us after the fact (she usually emails Don Persson, and sometimes me, but rarely emails chief Anderson or anyone else form the Police Department). We have stressed repeatedly that --in order for us to do something about these dogs --we need her to call 9-1-1 immediately upon observing suspicious behavior. Then we can dispatch Dennis or another officer WHILE THE DOGS ARE OUT. Too often --like in this case --we hear about the incident after the fact, when the dogs are back in their yard and we can't cite. Anyway, we'll get information on this incident and on these dogs for you by Monday afternoon (perhaps in time for your Public Safety meeting, or Committee of the Whole). In the mean time, we'll prepare another administrative reminder for folks to not hesitate to report any suspicious behavior via 9-1-1 immediately. >>> Denis Law 6/4/2005 11:33:10 AM >>> Jay, I would like to receive information regarding these two incidents involving the pitbulls in the Highlands. I have received a couple phone calls and Sandel's email expressing concern about dangerous dogs. I may refer this issue to the Public Safety Committee for discussion. Thanks. Denis CC: Briere, Terri; Clawson, Daniel; Corman, Randy; Keolker-Wheeler, Kathy; Medzegian, Julia; Nelson, Antonette; Palmer, Marcie; Persson, Don From: Julia Medzegian To: Bonnie Walton Date: 6/6/2005 11:51:43 AM Subject: Fwd: RE: Todays Pit bull Attack Neighbors attacked fyi >>> Jay Covington 6/6/05 11:45:31 AM >>> Denis, as a follow up to my earlier email, here is an article that appeared in Saturday's King County Journal paper regarding the dog attack. The good news is that the dogs are in our custody. Two pit bulls quarantined after attacks on other dogs 2005-06-04 Journal Staff RENTON -- Two pit bull puppies attacked a poodle Friday morning, then teamed up to take on another pit bull after being locked up in the city kennel. The 14-year-old poodle named Patti was badly injured, but she is expected to live, police said. The poodle was attacked while walking with her owner about 10 a.m. in the 1300 block of Harrington Avenue Northeast. The owner, a woman in her 70s, suffered minor bite marks on her hands and arms while trying to protect her poodle. The pit bull that was attacked was treated by a veterinarian for minor injuries. The pit bull pups apparently escaped their fenced yard, police said. The 27-year-old woman who owns the pit bulls likely will be charged with two counts of allowing vicious animals to be at large, police said. The dogs are quarantined and face the possibility of being destroyed, based on the city's dangerous dog ordinance. >>> Denis Law 6/4/2005 11:33:10 AM >>> Jay, would like to receive information regarding these two incidents involving the pitbulls in the Highlands. I have received a couple phone calls and Sandel's email expressing concern about dangerous dogs. I may refer this issue to the Public Safety Committee for discussion. Thanks. Denis From: "angelsandel" <angelsandel@aol.com> To: <DLaw@ci.renton.wa.us> Date: 6/3/2005 7:22:03 PM Subject: RE: Todays Pittbull Attack Neighbors attacked Pittbulls living on glennwood two doors down from the brothers with the problem pittbulls got out again. Two weeks ago dennis picked them up for attacking Karen Murph my neighbor trying to break in her window at her dog. Now they we're out again attacking Janet a 71 year old resident of Olympic Condos. Her little frail elderly poodle was also attacked janets had surgery and through herself over the dog to protect it and doesn't look like the dog will survive. janet was also bitten in the process. Also Karen Murph dog went for her and they put her under a bus (Handicapped one probably) and to keep her from getting bit. She has two sists in her spine. I've been after mayors office and council to do something about pittbulls. Many cities are banning them. What next a child. Heard also they tried attacking someone down of 12th and Harrington. We need help in this matter. King five news was out and interviewed them it was on tonight (Friday). Please help. Sandel CITY OF RENTON COUNCIL AGENDA BILL J �=- = AI #: SUBMITTING DATA: Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on 5/17/2005 for CAG-05-054, Removal and Replacement of Five HVAC Systems at Fire Station #11 EXHIBITS: Staff Recommendation Bid Tabulation Sheet (three bids) FOR 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. FISCAL IMPACT: Expenditure Required... $59,523 Transfer/Amendment.. Amount Budgeted........ $65,000 Revenue Generated... Total Project Budget ... $65,000 City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $50,000 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 McKinstry Co., in the amount of $59,523. COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: May 24, 2005 TO: BonnieWalton, City Clerk FROM: Greg Stroh, Facilities Manager, ext. 6614 SUBJECT: HVAC Replacement for Fire Station #11 CAG - 05 - 054 HVAC Replacement for Fire Station #11 Proiect, the bid opening was held on May 17, 2005, at 4:00 PM. Three (3) bids were submitted. The project estimate was set at $50,000.00. The bids ranged from a low of $59,523.00 to a high of $75,274.37. The low bid for the project was 59 523.00 including WSST from McKinstry Co. Our staff has reviewed the low bid for completeness, inclusion of all required forms, acknowledgments of addenda and mathematical correctness of the bid. All of the paper work is in order. The low bid of $59,523.00 including WSST is within the amount Facilities budgeted for the project. Funding for the project will be under account number 316.000000.020.5940.0076.63.000002 Capital Improvement Program, Operational Facilities. The approved 2005 CIP budget for the project is $65,000. The Facilities Division, therefore recommends that this item be placed on the June 6, 2005, consent agenda for Council concur. Staff further recommends that Council award the contract to the lowest responsive, responsible bidder, McKinstry Co., for the amount of $59,523.00. If you have any questions please contact Greg Stroh at x-6614 C:\Documents and Settings\gstroh\My Documents\Contract Docs\FS #11 HVAC Replacement\FS 11 City Clerk Memo.doc CITY OF RENTON BID TABULATION SHEET 'ROJECT: Removal and Replacement of Five HVAC Systems at Fire Station #11; CAG-05-054 DATE: May 17, 2005 FORMS BID BIDDER Performance Includes 8.8% Sales Tax Bond Addendum Triple Form Johnson Controls, Inc. X X X $75,274.37 22745 29th Dr. SE Bothell, WA 98021 Russell Schell McKinstry X X $59,523.00 PO Box 24567 Seattle, WA 98124 Mark Frisk W.A. Botting Company X X $61,500.29 PO Box 1200 Woodinville, WA 98072 Michael B. Burrus ENGINEER'S ESTIMATE TOTAL: $50,000.00 LEGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti-Tnist Claims, Minimum Wage CITY OF RENTON COUNCIL AGENDA BILL Al k: Submitting Data: For Agenda of: Dept/Div/Board. Community Services/Parks June 6, 2005 Division Agenda Status Staff Contact... Bill Rasmussen (ext. 6617) Consent .............. X Public Hearing.. Subject: Coulon Beach Park Gangway Improvements, Correspondence.. CAG-04-116 Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Notice of Completion of Public Works Contract Study Sessions...... Copy of Final Pay Estimate Information......... Coy of Application and Certificate for Payment Recommended Action: Council Concur Approvals: Legal Dept. Finance Dept. Other ............... Fiscal Impact: Expenditure Required $19,851.16 Transfer/Amendment....... Amount Budgeted $180,500.00 Revenue Generated......... Total Project Budget $200,000.00 City Share Total Project.. SUMMARY OF ACTION: The gangway improvements have been completed by ACC West Coast, Inc. in accordance with contract documents. The project had four change orders (totaling $32,718.34), which changed the original contract amount from $128,980.00 to $161,698.34. STAFF RECOMMENDATION: Council accepts the project, authorizes final payment of $12,420.17 to ACC West Coast, Inc., and releases the retainage amount of $7,430.99 upon receipt of all required liens and releases. 2005-1 16aa State of Washington Department of Revenue /.► PO Box 47474 REVENUE Olympia wn 98504-7474 Contractor's Registration No. (UBI No.) Date NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From iYarrlke'& Address of Nublie Agency , . City of Renton Tracy Schuld 1055 S. Grady Way Renton, WA 98055 Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Gangway improvements at Coulon Beach Park CAG-04-116 Contractor's Name Telephone Number ACC West Coast, Inc. 1-800-328-0035 Contractor's Address P.O. Box 80945, Seattle, WA 98108 Date Work Commenced Date Work Completed Date Work Accepted 11/4/05 5/5/05 5/5/05 Surety or Bonding Company Western Surety Company igent's Address San Francisco, CA Contract Amount $ 118,547.80 Additions $ + 30,072.00 Liquidated Damages $ 0.00 Reductions $ — 0.00 Sub -Total $ 148,619.80 Amount Disbursed $ 154,267.35 Amount of Sales Tax Paid at 8.8 % $ 13,078.54 Amount Retained $ 7,430.99 (If various rates apply, please send a breakdown) TOTAL $ 161,698.34 TOTAL $ 161,698.34 D btiri sin Officer Comments: Signature Type or Print Name Tracy Schuld Phone Number 425-430-6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO `AYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in ,cordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) DATE: TO: Tracy Schuld FROM: Bill Rasmussen CONTRACTOR: ACC West Coast Inc. PROJECT NAME: Coulon Beach Park Gangway Improvements CONTRACT NO.: CAG-04-116 (FINAL) ESTIMATE NO. 3 1. CONTRACTOR EARNINGS THIS ESTIMATE $11,965.48 2. SALES TAX @ 8.8% $1,052.96 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $13,018.44 4. EARNINGS PREVIOUSLY PAID CONTRACTOR 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE 6. SUBTOTAL - CONTRACTOR PAYMENT 7. RETAINAGE ON PREVIOUS EARNINGS 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) Account 316.000000.020.5940.0076.63.000001 RETAINED AMOUNT (LINE 8) Account 316.000000.020.5940.0076.63.000001 TOTAL THIS ESTIMATE: CHARTER 116, LAWS OF 1965 $129,821.60 $11,367.21 $6,832.72 $598.27 $12,025.58 $1,052.96 $141,188.81 $7,430.99 $13, 078.54 $161,698.34 No. 3 $12,420.17 No. 3 $598.27 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. SIGNE $13,018.44 APPIOATION AND CERTIFICATE FOR P 'MENT C r Renton TO OWNER: PROJECT: APPLICATION NO.: 3 Distribution to City of Renton Coulon Beach Park OWNER 1055 S. Grady Way Gangway Improvements PERIOD TO: 4/28/05 ARCHITECT Renton, WA 98055 CONTRACTOR PROJECT NO.: CAG-04-116 FROM CONTRACTOR: ACC West Coast Inc. P.O. Box 80945 Seattle, WA 98108 VIA ARCHITECT: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet is attached. 1. ORIGINAL CONTRACT SUM (with tax) ....................... $ 128,980.00 2. Net change by Change Orders (with tax) .................. 3. CONTRACT SUM TO DATE (with tax) .......................... (Line 1 + or - Line 2) 4. TOTAL COMPLETED & STORED TO DATE (with tax).. 5. (Washington State Sales Tax at 8.8%)................ (Based on line 4) 6. Revised Total Completed & Stored to Date (w/o tax) (Line 4 less Line 5) 7. RETAINAGE AT 5%..................................................... (Based on Line 6 Only) 8. TOTAL EARNED LESS RETAINAGE .......................... (Line 4 less Line 7) 9. LESS PREVIOUS CERTIFICATES FOR PAYMENT.... (Line 8 from prior Certificate) 10. CURRENT PAYMENT DUE .......................................... 11. BALANCE TO FINISH, INCLUDING RETAINAGE...... (Line 3 less Lines 9 and 10) $ 32,718.34 $ 161,698.34 $ 161,698.34 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Change Orders approved in previous months by owner $ 19,699.90 $ - C.O.'s approved this month $ 607.62 $ 4,859.01 $ 7,551.81 Number Date Ap roved 2 3 4 1/14/2005 4/27/2005 4/27/2005 TOTALS with tax $ 32,718.34 $ - Net changes by Change Orders $ 32,718.34 $ 13,078.54 The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed $ 148,619.80 in accordance with the Contract Documents, that all is have been paid by the Contractor for Work for wh�c vious Certificate or Pa ent were issued and payment $ 7,430.99 received from the er, and th current ym t shown h rein is now dye. $ 154,267.35 $ 141,847.18 $ 12,420.17 $ 7,430.99 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED CONTRACTOR: State of : County of: King Subscribed and swori tp before me this J day • QWS— Notary Pub ! a//? My Commission expires. �31 a 0 0 AMOUNT CERTIFIED .................................................... (Attach explanation if amount certified differs f rom amount applied for.) ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. ACC West Coast, Inc. PO Box 80945 Seattle, WA 98108 Coulon Beach Park Gangway Improvements City of Renton, Project #CAG-04-116 Progress Billing #3 Invoice # Date Job # 9884 4/28/2005 04-046 Item Description Contract Value Complete To Date Cost To Date Previously Billed Current Amt. Due 1 Area 1 $ 31,380.00 100% $ 31,380.00 $ 31,380.00 0.00 2 Area 2 31,380.00 100% $ 31,380.00 $ 31,380.00 0.00 3 Area 3 32,600.00 100% $ 32,600.00 $ 32,600.00 0.00 4 Area 4 33,620.00 100% $ 33,620.00 $ 33,620.00 0.00 Change Order 1 Remove/Re ace Foam Billets 19,699.90 100% $ 19,699.90 $ 19,699.90 0.00 2 Furnish treated timbers 607.62 100% $ 607.62 $ - 607.62 3 Replace beam at base of stairway 4,859.01 100% $ 4,859.01 $ - 4,859.01 4 S lice add handrails, extend float 7,551.81 1 100%1 7,551.81 1 $ - 7,551.81 $ 161,698.34 $ 161,698.34 148,679.90 $ 13,018.44 TOTAL DUE THIS BILLING: $ 13,018.44 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works For Agenda of: June 6, 2005 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance ............. Waterbury Short Plat LUA-04-102. Resolution............ Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other. ... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: All street improvements were installed as part of the Sunnybrook Plat, meeting all current Subdivision Regulations; however, an adjacent 967 square feet of Parcel B, of Tract A, of Waterbury Short Plat (LUA04-102), is dedicated to the City as additional right-of-way to complete S. 36' Place. Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2005\Waterbury SI{PL 06m AGNBILL.doe Property Tax Parcel Number:.292305-9039-01 Street Intersection: S. 36TH PL. & MILL AVE. S. Grantee(s): 1. City of Renton, a Municipal Corporation legal must go here Additional legal on page ) TON LOT LINE ADJUSTMENT NUMBER CORDING NUMBER 20040720900002. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of'King, State of Washington This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below.. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton � 1 Mayor City Clerk INDMDUAL FORM OF SIATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING } I certify that I know or have satisfactory evidence that Notary Seal must be within box \ ,, y ]/11 S6 D,Q.yI J' signed this instrument and ���E M111111, acknowledged it to b /her/their free and voluntary act for the uses and purposes �� ✓/ mentioned in the instrument.. �. SQ•* OtA,' ,yyi227, V S ota Public M and for the State of Washington ►4' •�s��a ; Notary{Print)%�(l�I/vim My appointment expires: /D `/O''d 7 `��►n-��- -- G Dated: MAY / 11111511n\\\������� DEED doc Page t Seal must be within box SIAIE OF WASHINGION ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and to be his/her/their free and voluntary act for the uses and purposes mentioned in the - Notary Public in and for the State of Notary (Paint) My appointment expires: Dated: REPRESENTATIVE FORM OFAO Notary Seal must be within box SIAIE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that 42eh n L62—hdm W a`e`aNgH�t► /��/ signed this instrument, on oath. Q �s�.� N r►►� stated that she/tlrey was/were authorized to execute the instrument and V = �i' OTA.► �� j acknowledged it as the P22strlg � T and �12e e�Q g� ? .r of lhzPojNkeQg %gjkdT- ja A!A to be the free and voluntary act of such jS party/parties for the uses and purposes mentioned in the instrument. i1O�/ 11 R �ygSN\a.�� of Public in and for the State of Washington Notary (Print)S�9Ll+ My appointment expires: /0 -/O •-O '7 Dated: M r y 17, J06-5- NRtrrySeal must be within box SIAIE OF WASHINGTON } SS COUNTY OF DING ) On this day of , 14 , before me personally appeared to me known to be -'----of the corporation that executed thin instrument, and acknowledge the said instrument to be the free and voluntary act eed of said corporation, for the uses and purposes therein mentioned, and each on o—afliktated that he/she was authorized to execute said instrument and that the seal affix—edis the corporate seal of said corporation. Notary Public in and for the State of W Notary (Paint) My appointment expires: Dated: EXHIBIT A PROJECT: LUA04-102, SHPL-A, ECF LEGAL DESCRIPTION Wo# PID GRANTOR: THE POINTE AT TALBOT HILL HOA STREET: S. 36TH PL. & MILL AVE. S. THAT PORTION OF THE EAST 30 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF RENTON, IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF CARR ROAD SOUTHEAST (MILL AVENUE SOUTH / S.E. 174TH STREET) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1597513, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT A. PLAT OF SUNNYBROOK, RECORDED IN VOLUME 220 OF PLATS, PAGES 30 THROUGH 39, INCLUSIVE, RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID TRACT A AND THE PROLONGATION THEREOF, S 01'48'47" W, 290.52 FEET TO THE NORTHERLY MARGIN OF MILL AVENUE SOUTH (S.E. 174TH STREET) AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, N 01'48'47" E, 67.30 FEET TO THE NORTHEASTERLY MARGIN OF SOUTH 36TH PLACE AS DEPICTED ON SAID PLAT AND A POINT ON A CURVE; THENCE SOUTHEASTERLY 5.61 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 201.00 FEET, THE RADIUS POINT OF WHICH BEARS S 64126'01" W, THROUGH A CENTRAL ANGLE OF 01'36'00" TO A POINT OF TANGENCY; THENCE S 2357'59" E. 33.80 FEET TO A POINT OF CURVATURE: THENCE SOUTHEASTERLY 18.04 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 41'20'03" TO A POINT OF NON -TANGENCY AND THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE ALONG SAID LINE, S 01'48'47' W, 6.92 FEET TO SAID NORTHERLY MARGIN OF MILL AVENUE SOUTH AND A POINT ON A CURVE; THENCE SOUTHWESTERLY 32.61 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 412.04 FEET, THE RADIUS POINT OF WHICH BEARS S 18'58' 1 1" E, THROUGH A CENTRAL ANGLE OF 04'32'05" TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 967 SQUARE FEET. 5-/7O-V- CEDAR AV r NUS #292305-9039 (VACANT) POINT OF--, COMMENCEMENT aINN Y nW - q�v 0 rn CV LLI 61x o0 lh �- •o � Z J1 TRUE POIN' OF BEGINNCNG TRACT J F 0 MAP EXHIBIT w I 0 z I Of zz �z i z U N I��z3 j; Y ~ I N 4 U Lo N n I \ o ELI _� uj t�w `l I � U jJ ov L , cn 1U I L —� -1 I_z ``' SCALE: 1" = 40' I I A = 01'36'00" R = 201.00 I L = 5.61 / I N 23'57'59" W 33.80 = 41'20'03" R = 25.00 L = 18.04 N 01'48'47" E 6.92 i i O1 Z` Ar , D It M1xJ— p'VEST. is � 174th ) REPORT City of Renton Department of Planning / Building / Public Works & DECISION ENVIRONMENTAL REVIEW AND ADMINISTRATIVE SHORT PLAT REPORT & DECISION DECISION DATE: October 1, 2004 Project Name: Waterbury Short Plat Applicant: Jeffrey E. Hamilton Waterbur, LLC 7947 159 Place NE #100 Redmond, WA 98052 Owner. The Pointe at Talbot Hill Home Owners Association 7947 1591h Place NE #100 Redmond, WA 98052 File Number. LUA-04-102, SHPL-A, ECF Project Manager. • Nancy Weil Project Description: The applicant, Jeffrey Hamilton, is requesting administrative short plat approval and environmental review for a one -lot subdivision of a 0.66-acre site located within the Residential — 10 (R-10) dwelling units per acre zone. This vacant site was previously recorded as Tract A of Sunnybrook plat. Included in this proposal is a 30-foot easement abutting Tract A to the east. The site contains coal mine hazard area, however further testing revealed that a portion of Tract A is suitable for development. The applicant is requesting approval for one single-family lot and the residual site to remain as Tract A. Please see additional project discussion on the following page. Project Location: 1200 Block of S 36th Place Exist. Bldg. Area SF: N/A Proposed New Bldg. Area SF: N/A Site Area: 28,896 square, feet . Total Byj�ding Area SF: N/A Project Location Map SHPLERcrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 2 of 11 PART ONE: PROJECT DESCRIPTION/BACKGROUND CONTINUED The Preliminary Plat for Sunnybrook (LUA-01-127) received the Hearing Examiner approval May 14, 2002 for 130 lots on the 35.02-acre site. On the same date, the Examiner upheld the Environmental Review Committee's decision of Mitigated Determination of Non -Significance, which had been appealed. The site contained critical areas; specifically a coal mine hazard was indicated on the subject Tract A. City Council approved the preliminary plat on June 24, 2002 with conditions as recommended by the Hearing Examiner. A minor amendment to the approved preliminary plat was requested and granted on August 12, 2002. Two results of the revision pertain to the subject site; re -alignment of S. 36th Street to connect to Mill Avenue SE at the Cedar Avenue South and 174th Avenue intersection rather than through the coal mine hazard area for a direct connection to Cedar Avenue, and reduction in the number of lots from 130 to 117 resulting in a revised net density of 4.64 du/ac. A second amendment to the approved preliminary plat was requested and approved March 27, 2003, which further reduced the total number of lots to 115. The revised net density of the project to 4.45 du/ac. A Lot Line Adjustment LUA-04-049 was recorded July 20, 2004 relocating the abutting east property line of Tract A to include a 30-foot easement. As part of the original site reviews, a Geotechnical Report prepared by Cornerstone Geotechnical, Inc. dated April 11, 2001 and a Coal Mine Study by Icicle Creek Engineers dated July 31, 2001 for Sunnybrook Plat recommended the area included in this proposed short plat as a High Coal Mine Hazard Area. However after additional site testing, Icicle Creek Engineers has revised their report in a letter dated August 9, 2004 that the area proposed as Lot 1 of Waterbury be considered a "Declassified Coal Mine Area" subject to additional evaluation. They recommend that during the grading of this new lot, engineers be present to conduct "potholes" or "test trenches" as needed to further evaluate that the building site is clear of the mine shaft. Access to the site is proposed from S. 36th Place, installed with the Sunnybrook Plat. As proposed, Lot 1 is 7,449 square feet; Tract A is 20,480 square feet and 967 square feet is to be dedicated to the City for public right-of-way. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21 C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Recommendation 10 Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF NON -SIGNIFICANCE Issue DNS with 14 Mitigation Measures Period. DETERMINATION OF NON - SIGNIFICANCE - MITIGATED. X Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with a Concurrent 14 day Appeal Period. The applicant shall install and maintain temporary erosion control measures subject to the 2001 Department of Ecology's Erosion Control Manual. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division for the duration of the project. The applicant shall comply with the recommendations contained within the Coal Mine Assessment prepared by Icicle Creek Engineers for the Sunnybrook Plat July 31, 2001 except where superseded by the amended Coal Mine Hazard Evaluation conducted by Icicle Creek Engineers, August 9, 2004. SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT _ LUA-04-_10.2, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 3 of 11 3. The applicant shall place a note on the face of the plat, as well as record a restrictive covenant, which states the following: COAL MINE HAZARD NOTICE The lot created herein may fall within a coalmine hazard area as identified by a Geotechnical Engineer at the time of this subdivision. Presence of such a hazard may trigger mitigation measures at the time of construction. The satisfaction of this requirement shall be subject to the review and approval of the City Attorney and the Property Services Section prior to the recording of the plat. 4. The applicant shall comply with the recommendations contained within the Geotechnical Report prepared by Cornerstone Geotechnical, Inc. dated April 11, 2001 for Sunnybrook Plat with regards to site preparation, grading, structural fill, foundations, and drainage. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the issuance of building and construction permits for the project. C. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: (1) Earth 1 Coal Mine Hazards Impacts: The subject site is downward sloping from east to west, with a small plateau at the eastern side. The site contains Alderwood, gravelly sandy loam 6 to 15 percent slopes with the steepest slope approximately 33%. The applicant proposes to grade the western portion of the site where proposed Lot 1 is shown for a single-family dwelling. The grading activity will result in approximately 3,500 total cubic yards of material to be removed from the site. Approximately 15 to 20 percent of the site is to be impervious surface once developed. Due to possible erosion and sedimentation problems from construction activities on the site, staff recommends the mitigation measure requiring the applicant to install and maintain temporary erosion control measures subject to the 2001 Department of Ecology's Erosion Control Manual in order to reduce potential adverse impacts to the site and adjacent properties. The revised Coal Mine report from Icicle Creek Engineers dated August 9, 2004 which "declassified" the area for proposed Lot 1 includes the recommendation for additional on site testing during the grading of the site. Staff recommends the mitigation measure requiring the applicant to comply with the recommendations of the coal mine assessment. In addition, the site originally was reviewed in the geotechnical report prepared by Cornerstone Geotechnical, Inc. dated April 11, 2001 for Sunnybrook Plat. Staff recommends the mitigation measure requiring the applicant to comply with the original geotechnical report for the proposed lot with regards to site preparation, grading, structural fill, foundations, and drainage included in that report. The site still contains coal mine hazards on Tract A, therefore, staff recommends the mitigation measure the applicant have placed on the face of the plat the Coal Mine Hazard note stated below in the Mitigation Measure. Mitigation Measures: • The applicant shall install and maintain temporary erosion control measures subject to the 2001 Department of Ecology's Erosion Control Manual. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division for the duration of the project. • The applicant shall comply with the recommendations contained within the Coal Mine Assessment prepared by Icicle Creek Engineers for the Sunnybrook Plat July 31, 2001 except where superseded by the amended Coal Mine Hazard Evaluation conducted by Icicle Creek Engineers, August 9, 2004. • The applicant shall place a note on the face of the plat, as well as record a restrictive covenant, which states the following: SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 4 of 11 COAL MINE HAZARD NOTICE The lot created herein may fall within a coalmine hazard area as identified by a Geotechnical Engineer at the time of this subdivision. Presence of such a hazard may trigger mitigation measures at the time of construction. The satisfaction of this requirement shall be subject to the review and approval of the City Attorney and the Property Services Section prior to the recording of the plat. The applicant shall comply with the recommendations contained within the Geotechnical Report prepared by Cornerstone Geotechnical, Inc. dated April 11, 2001 for Sunnybrook Plat with regards to site preparation, grading, structural fill, foundations, and drainage. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the issuance of building and construction permits for the project. Nexus: SEPA Environmental Regulations; Critical Area Regulations D. Comments of Reviewing Departments The proposal has been circulated to City Departmental / Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. 11 PART THREE: ADMINISTRATIVE SHORT PLAT - REPORT & DECISION This decision on the administrative land use action is made concurrently with the environmental determination. A. GENERAL INFORMATION: 1. Owner of Record: The Pointe at Talbot Hill Home Owners Association 7947 159th Place NE #100 Redmond, WA 98052 2. Applicant Jeffrey E. Hamilton WaterbuT LLC 7947 159 Place NE #100 Redmond, WA 98052 2. Zoning Designation: Residential - 10 du/ac (R-10) 3. Comprehensive Plan Land Use Designation: Residential Options 4. Existing Site Use: Vacant 5. Neighborhood Characteristics: North: Single family residential, zoned R-10 East: Unincorporated King County South: Single family residential, zoned R-10 West: Single family residential, zoned R-10 6. Access: New Lot 1 has direct street access S 36th Place. 7. Site Area: 0.66 acres SHPLERCrpt City of Renton P/8/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Repoli WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 5 of 11 B. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 2/20/1995 Zoning N/A 4404 6/7/1993 Annexation N/A 738 3/17/1925 Sunnybrook Plat LUA-01-127 N/A 6/24/2002 Sunnybrook Lot Line LUA-04-049 N/A 7/20/2004 Adjustment C. PUBLIC SERVICES: Utilities Water: The site is located in the Soos Creek Water District service area. Sewer: The site is located in the Soos Creek Sewer District service area. Surface/Storm Water: Strom drainage facilities were installed during construction of the utilities for the Sunnybrook Plat. 2. Fire Protection: City of Renton Fire Department D. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 4. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 5. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria E. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element — Residential Options 2. Housing Element 3. Environmental Element— Coal Mine Hazards F. DEPARTMENT ANALYSIS: 1. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 6 of 11 2. Consistency With Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Options (RO) on the Comprehensive Plan Land Use Map. The RO designation is intended to create new planned residential neighborhoods which include a variety of unit types designed to incorporate features from both single-family and multi -family developments, and to support cost efficient housing, infill development, transit service, and the efficient use of urban services and infrastructure. The proposal is consistent with the following Comprehensive Plan Land Use, Housing and Environmental Element policies: Policy LU-12. Residential development should be limited in community separator areas, and environmentally sensitive areas such as 100-year floodways, high risk coal mine areas and hazardous landslides and erosion areas. The proposed site was originally evaluated as a High Coal Mine Hazard Area, however do to additional site testing a portion of the site was declassified to allow for one single-family lot. Policy LU41 Provision of small lot single-family detached unit types, townhouses and multi -family structures compatible with a single-family character should be encouraged provided that density standards can be met. The Waterbury Short Plat is basically an additional lot to the original Sunnybrook Plat and is proposed to be consistent with that single-family development. In relationship to the density of the original Sunnybrook Plat and the coal mine constraint, the density of this proposed project is in compliance with City standards. Policy H-4 Encourage infill development as a means to increase capacity The re-evaluation of the coal mine hazard for this proposed site has allowed for the creation of one additional single-family lot. Policy H-13 Allow single-family development to comprise up to 100% of new units in Single Family/ Multi -Family Mix areas. This site was originally Tract A in the Sunnybrook Plat of 115 single-family lots. The proposed one lot of Waterbury will also be for future single-family development. Objective EN-P Reduce the potential for damage to life and property due to abandoned coal mines, and return this land to productive uses. The coal mine report for this site was re-evaluated by the Icicle Creek Engineers who did further site testing. They declassified the area proposed for the new lot thus making the area developable land for a single-family dwelling. Policy EN-81 Allow land uses to locate in coal mine hazard areas, provided the hazards are precisely located and all significant hazards associated with the mines are eliminated, making the site as safe as a site which has not been previously mined. As part of the revised coal mine report by Icicle Creek Engineers, it is recommended that engineers be on site for further evaluation during the actual grading and site preparation of the new lot. Policy EN-82 Show the location of coal mine hazards on any plat or site plan maps. Such documents should be recorded. As a requirement of the short plat, a note will be placed on the face of the plat to serve as notice that this site is a Coal Mine Hazard Area. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 10 Dwelling Units per Acre (R-10) on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single-family dwelling unit. SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT _ LUA-04-102, S_HPL-A,_ECF_ REPORT AND DECISION OF OCTOBER 1, 2004 Page 7 of 11 The allowed density range in the R-10 zone is a minimum of 7.0 to a maximum of 13 dwelling units per acre for detached dwelling for lots over one-half an acre in net size. Net density is calculated after the deduction of environmentally critical areas, areas intended for public right-of-way, and private easements serving 3 lots or more from the gross acreage of the site. In this case, the applicant is required to deduct 21,447 square feet of coal mine hazard area located on the eastern portion of the subject site from the gross square footage of the property. The total net site area is 7,449 square feet (28,896 gross square feet — 21,447 hazard area = 7,449 net square feet). Therefore, the net site area of the proposal is 7,449 square feet or 0.17 acres. This in turn, equates to a net density of 5.85 dwelling units per acre (1 / 0.17 = 5.85 du/ac), which is under the minimum 7 dwelling units per acre allowed within the R-10 zone, however this is due to site constraints (coal mine hazards) which render a significant part of the site not developable. This part of the site is to remain as open space for recreational use (Tract A). Additionally, this proposed short plat was originally part of the Sunnybrook Plat as Tract A. The Preliminary Plat was approved for 130 lots and met density for the R-10 designated area. After required deductions the site had a net density of 7.76 du/ac. The Sunnybrook Plat was recorded with only 115 lots therefore if the proposed Waterbury lot is considered in the overall original density of the Sunnybrook site, the density would comply with the R-10 minimum and maximum. The allowed building lot coverage in the R-10 zone is 70 percent for detached or semi -attached units. Setbacks in the R-10 zone are as follows: front yard 20 feet, side yard 5 feet, side yard along a street 15 feet, and rear yard 15 feet. The proposed Lot 1 appears to have adequate area to provide for a new single-family residence while meeting the required setbacks and lot coverage. In addition, it appears that each lot would have adequate area to provide two off-street parking spaces as required by the parking regulations. Due to the restrictions from the coal mine hazard, the Tract A is noted to be open space for recreation. Tract A consists of 21,447 square feet to the east of new Lot 1. The applicant shall be required to provide documentation of establishment of a Home Owners Association or agreement with the existing Sunnybrook Plat (Point at Talbot Hill) Home Owners Association. Staff recommends as a condition of approval, that a homeowner's 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 the document(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 short plat. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. All street improvements were installed as part of the Sunnybrook Plat, meeting all current Subdivision Regulations. A 967 square foot portion of Parcel B referenced on the proposed plat must be dedicated to the City as part of S. 361h Place. Staff recommends as a condition of the short plat, this dedication be approved by City Council prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-10 zone for parcels exceeding % half acre in size is 3,00.0, square feet per single-family dwelling. The short plat would create one lot 7,449. square feet in size. The proposed lot size is compatible with other existing lots in this area under the same R- 10 zoning classification. The residual site area will be reserved as Tract A. The proposed lots also comply with the R-10 requirements for minimum lot width (40 feet for corner lots and 30 feet for interior lots) as well as minimum lot depth (55 feet). The proposed lot width is 60 feet and proposed average lot depth is 126.5 feet for Lot 1. The size, shape, orientation, and arrangement of the proposed lot comply with the requirements of the Subdivision Regulations and the development standards of the R-10 zone. In addition, the lot would have access to the public street, S. 36th Place. d) Reasonableness of Proposed Boundaries Access: The new lot will have direct access off of S. 361h Place, which was constructed as part of the Sunnybrook Plat. SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 8 of 11 Topography: The subject site is characterized by having a gradual slope up to a small plateau, which is located near the subject site's eastern property boundary. The steepest slope on the site is approximately 33% from west to east up to the natural small plateau. Relationship to Existing Uses: The properties surrounding the subject site are designated Residential — 10 Dwelling Units Per Acre (R-10) on the City's zoning map. The proposal is basically an additional single-family lot to the approved Sunnybrook Plat (see discussion under Section 5,b) and is similar to existing development patterns in the area. The proposal is also consistent with the Comprehensive Plan and Zoning Code for new single-family development. e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the applicant providing the Code required improvements and mitigation fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488 x 1 = $488.00) and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Therefore, it is anticipated that the proposed short plat would result in 0.44 (0.44 X 1 = 0.44 new children to the local schools (Talbot Elementary School, Nelson Middle School, and Lindberg High School). The Renton School District has indicated they can accommodate the additional students generated by this proposal. Streets: The subject site was originally Tract A in the Sunnybrook Plat. Street improvements were part of the preliminary approval of that plat. Subsequently, S. 36t' Place was installed with the construction of the Sunnybrook plat. The new proposed lot and new Tract A have frontage along S. 36`h Place. Additionally, a Lot Line Adjustment (LUA-04-049) incorporated into Tract A land, which was previously an easement along the east property line of Tract A of Sunnybrook. The 967 square feet at the southeast tip of this site will be dedicated to the City as part of S. 36t' Place. As a condition of short plat approval, Staff recommends this dedication be approved by City Council prior to the recording of the short plat. The proposed subdivision is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. The additional lot is expected to generate approximately 9.57 new average weekday trips per new lot. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 = $717.75) and is payable prior to the recording of the short plat. Storm Water. Storm water facilities were installed during the construction of the utilities on the Sunnybrook Plat. This project shall be required to tightlined the runoff from the one new lot into the storm drainage system constructed for the Sunnybrook Plat. A Surface Water System Development Charge of $715.00 per new single-family lot would be collected as part of the construction permit and prior to the recording of the short plat. Water and Sanitary Sewer Utilities: The proposed plat is within the Soos Creek Water and Sewer District. The applicant shall be required to install and extend the District's water main for fire protection and domestic water service, if not already provided by the Sunnybrook Plat. An additional fire hydrant shall be required as part of this project to meet the distance required for fire protection. The applicant shall contact the Soos Creek Water and Sewer District to determine availability, fees, plan review and permits. G. Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Waterbury Short Plat, File No. LUA-04-102, SHPL-A, ECF. 2. Application: An application was submitted in compliance with the requirements for conducting short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 9 of 11 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Options (RO) land use designation. 4. Zoning: The proposal as presented generally complies with the zoning requirements and development standards of the Residential 10 du/ac (R-10) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal generally complies with the requirements established by the City's Subdivision Regulations for the short platting of one lot provided all advisory notes and conditions of approval are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North Residential Single -Family (zoned R-10); East: King County Residential Multi -Family South: Residential Single Family (zoned R-10); and West: Residential - Family (zoned R-10). 7. ERC Review: The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a determination of non -significance -mitigated and imposed 4 mitigation measures. 8. Coal Mine Hazard: The City's Critical Areas Inventory Maps indicate the subject site contains areas designated as "unclassified coal mine hazards." H. - Conclusion: 1. The subject site is located in the Residential Options (RO) comprehensive plan designation and generally complies with the goals and policies established with this designation. 2. The subject site is located in the Residential —10 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all conditions of approval and advisory notes are completed. 3. The proposed one lot short plat generally complies with the subdivision regulations as established by city code and state law provided all conditions of approval and advisory notes are completed. 4. The proposed one lot short plat complies with the street standards as established by city code provided all conditions of approval and advisory notes are completed. DECISION. The Waterbury Short Plat, File No. LUA-04-102, SHPL-A, ECF is approved subject to the following conditions: 1. The applicant shall be required to obtain City Council approval for the dedication of 967 square feet for S. 361h Place prior to recording of the short plat. 2. A homeowner's 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 the document(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 short plat. 3. The applicant shall pay the required Fire Mitigation Fee equal to $488.00 per new single-family lot estimated at $488.00. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 4. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project (estimated at $717.75). The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: October 1, 2004 /0 de fsi n date SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 10 of 11 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31 st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi -family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 4. Driveway slopes are not allowed to exceed 15% in grade. All driveway approaches over 8% in grade are required to have slotted drains at the edge of the drive. 1. See attached memo from Bob Mac Onie dated September 15, 2004. Fire Prevention 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structures. Plan Review — Drainage 1. Storm drainage facilities were installed during the construction of the utilities on the Sunnybrook Plat. The runoff from the new houses must be tightlined into the storm drainage system constructed for the Sunnybrook Plat. 2. The Surface Water System Development Charges of $715 per each new lot applies to the proposed project. The Development Charges are collected as part of the construction permit and prior to recording the short plat. Plan Review — Water 1. The applicant shall submit a certificate of water availability from the district for water service to the new lot. 2. Additional fire hydrants will be required as a part of this project to meet the fire prevention code. All fire hydrants shall be per the City specifications. These City of Renton requirements are applicable to the entire proposed site regardless of water district boundaries. Plan Review — Sewer 1. The applicant shall contact the Soos Creek Sanitary Sewer District for availability, fees, plan review and permits. Plan RPviPw — Stroat Imnrnvmmantc 1. Street improvements were installed with the construction of the Sunnybrook Plat. Plan Review — General 1. All plans need to be tied to a minimum of two of the City of Renton horizontal and vertical control network. TRANSMITTED this 1st day of October, 2004 to the owner/Applicant: Jeffrey E. Hamilton The Pointe at Talbot Hill H.O.A. 7947 159th Place NE #100 Redmond, WA 98052 TRANSMITTED this 1st day of October, 2004 to the Contact: Eric LaBrie ESM Consulting Engineers 720 S. 348'h Street Federal Way, WA 98003 TRANSMITTED this 1st day of October, 2004 to the following: Larry Meckling, Building Official Stan Englar, Fire Marshal Neil Watts, Development Services Director Jennifer Henning Jan Conklin Kayren Kittrick, Plan Review Supervisor SHPLERCrpt City of Renton P/B/PW Department Administrative Short Plat Approval & Environmental Review Committee Staff Report WATERBURY SHORT PLAT LUA-04-102, SHPL-A, ECF REPORT AND DECISION OF OCTOBER 1, 2004 Page 11 of 11 Carrie Olson -Davis Lawrence J_ Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on October 18, 2004. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. SHPLERCrpt 9 A R! 1j, 77777-7 witO TRACT J /a10e30-t210 I (OPEN SPACE) 30 29 31 32 I1 WATERBURY SHORT PLAT A PORTION OF THE S.W. 1/4 OF THE S.W. 1/4 OF SECTION 29, TOWNSHIP 23, N. RANGE 05 E., W.M. SCALE: 1" - 40' 40 20 0 40 80 N.T.S. R-10 ZONE LOT LINE ADJUSTMENT W Z j2 �yJOAD�Mj 30 N0. LUA-04-049-L1A 00 RECORDING N0. 20040720900002 Y N 8744'55° E 1149.65' N 6744'55 E 169.92' 60, 110' 2 w FARC EL A I I LOT La -104 -J08 �I j810630-1040 1e10e30-1010 LOT o (7,449 SF) N TRACT I I i A (20.480 SF) UTI \ fASE�EN W 10, UTILITY \�V" EASEMENT �U PLAT Dr SUNNYSFidd}< � �h� \ LOT je+oeM3 �( I so-113o Ld7 \ I. 14 R-201:00' W je1De3D-u40 L�171 AO' oM \ e LOT116 vzA jai 063U-1150 P:,l TRACT 1 /eioaso-12'o (RECREATION) 1 o�� ��'�` 4 sa. L5�• R-24-SO ZONE 202303-9011 ( W6LE-FAMLY) I.= PARCEL A. - TRACT 'A, SUNNYBROOK, ACCORDING 70 THE PLAT THEREOF, RECORDED IN VOLUME 220 OF PLATS, PAGES 30 THROUGH 39. IN KING COUNTY, WASHINGTON. PARCEL B: THAT PORTION OF THE EAST 30 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29. TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAME TE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF CARR ROAD SOUTHEAST AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1597513; KNOWN AS A PORTION OF RENTON LOTU E ADJUSTMENT NUMB�A', CITY OF ER LUA-04-D49-LLA, RECORDED UNDER RECORDING NUMBER 2DO40720900002). LEGAL OESCRIPDON PROVIDED BY CHICAGO TITLE REPORT ORDER NUMBER 001134227, DATED JULY 20. 2004. R-48-SO ZONE M305-9134 T-FAMED AREA TABLE LOT /1 7,449 SF TRACT A (INCLUDING UTILITY EASEMENT) 20,480 SF R/W DEDICATION S. 36TH PL B87 SF TOTAL 28.896 SF M M N- 8 n SITE 4 31 Mil � i S Vlcinity Map CONTACT INFORMATION: OWNER: THE POINTE AT TALBOT HILL H.OA 7947 159TH PL. SURE 102 REDMOND. WA 98052 (425) 869-1300 Contact: Jeff Hamllton DEVELOPER: WATERBURY, LLC 7947 ISM PL. SURE 102 REDMOND. WA. 98052 (425) 869-1300 Contact: Kevin O'Brien ENGINEER: ESM CONSULTING ENGINEERS, LLC 720 SOUTH 348th STREET FEDERAL WAY, WA. 98003 (253) 838-6113 Contact: Roy Miller, Eric LOBrie NOTES: 1. PARCEL NO.: 810630-1160 2. GROSS AREA: 28,896 SF (0.66 AC.) 3. ZONING: R-10 (RESIDENTIAL 10 OU/AC) 4. COMP PLAN DESIGNATION: RESIDENTIAL OPTIONS 5. CURRENT USE: VACANT/OPEN SPACE 6. PROPOSED USE: SINGLE FAMILY RESIDENTIAL 7. ZONING REQUIREMENTS: MAX. DENSITY: 13 DU/AC MIN. LOT WIDTH: 30' - INTERIOR LOTS 40' - CORNER LOTS MIN. LOT DEPTH: 55' FRONT SETBACK: 10. GARAGE SETBACK: 20' STREET SETBACK: 10' SIDE YARD SETBACK: 5' MAX. BUILDING HEIGHT: 30'/2 STORIES MAX. BUILDING COVERAGE: 70% MAX. IMPERVIOUS SURFACE: 75R S. THE BOUNDARY INFORMATION SHOWN IS BASED UPON THE RECORDED CITY OF RENTON LOT LINE ADJUSTMENT LUA-04-049-LLA AND DOES NOT REPRESENT A FIELD SURVEY BY ESM CONSULTING ENGINEERS. I. R,e ® CONSULTING ENOINEERB L L a FZeclaral Way, WA 98003 fllrtxen W tt R-48-SO �}� www.eamcivil.com al.'f ZONE J 39204 CIWI Fn01n..HnO Lend Sun,," Lana Plonnln //222303-9151 �O Pu611a W. Project Man (MUL11-FAMILY) A'4L LA110 I a9.n+mt Londa<ppe A.cti4ectan news t-le-pe JOB NO. 094-003-004 DATE: 7/16/04 DRAWN: DCL SHEET 1 OF 2 F WATERBURY SHORT PLAT A PORTION OF THE S.W. 1/4 OF THE S.W. 1/4 OF SECT EXISTING TOPOGRAPHY, GENERALIZED ENERALI EDTOWNSHIP UTIL TYNGRADING & DRAINAGE CONTROL PLAN , (I I SCALE: 'r 30' PROPOSED WALL �I so is o so ao u I j , I EXISTING WAL LOT 1 C ; u y 4 I I T�llli I �. NEW TRACT A I ry EXISTING 5' STUB FOR I I I I t SIDEWALK- -ROOF DRAIN .. ` NEW SANITARY STUB �NPROPOS 0 DRNEWAY\ EXISTING -- WATER SERVICE M'i',3 `+ty \ i; 15' WATERLINE EASEMENT SIDEWALi I 967 S.F. TO BE DEDICATED TO THE CITY OF RENTON \ , FOR S. 36TH PL. c„ V n� NOTES: I. ttR (:T IR e. THERE ARE NO EXISTING STRUCTURES ON SITE. 2. TREE INV NTORY- THERE ARE NO EXISTING TREES ON SITE. 3. VEGETATION RET NTION ALL VEGETATION WITHIN THE OISNRBEO AREAS WILL BE REMOVED. 4• UTILITIES; NEW STUBS TO BE PROVIDED TO THE LOT FOR I SINGLE FAMILY HOUSE. THESE INCLUDE WATER, SEWER AND STORM DRAINAGE FOR DOWNSPOUTS. 5. 4nIN SITE AREA 28,596 SY, DISTURBED AREA 15,041 S.F. CUT VOLUME: 3,300 C.Y. FILL VOLI�.tE: 101 C.Y. NET CUT • 3.279 C.Y. t EXPORT TO BE SENT TO A CITY APPROVED FILL SITE, ® C0N8ULTINa ENGINEER 720 s 348tA Street I ®I I Federal Way, WA 98003 WWW.esmcivil,COm CIA, cnam••nn9 I L•na an.,n„• , NO. r r --r r r t G4 c - 20 'T213N ME W 1/2 f 77 -r-r - z-r—.� ----- -_- _--. - 9 1�Y O ZONING ' C P/a,1W TBCHMcAL sERvlcBs F C? 12/04/03 14 • 32 T23N R5E W 1/2 -..... Renton dity 14— to q - 480 - H 4 1 AB00A900 29 T23N R5E W 1/2 53, m N CITY OF RENTON COUNCIL AGENDA BILL F-;:, %j Submitting Data: Planning/Building/Public Works For Agenda of: June 6, 2005 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance ............. Sampson Short Plat LUA-04-066. Resolution............ Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other. . Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is at the corner of Park Ave N and N 36' Street. Sampson Short Plat, LUA04-066 is required by city code to dedicate a 15-foot corner radius (approx. 49.0 sq.ft.) to insure proper turning radius at street corners for emergency vehicles. Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. I:\P1anReview\C0LS0N\Shortp1ats 2005\Sampson SHPL 03m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: DEED OF DEDICATION Property Tax Parcel Number:334270-0470 & 0471 Project: Sampson Short Plat: Address: 1310 N 36 Street Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. Sandra Sam son l . City of Renton, a Municipal Corporation The Grantor, as named above, for and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the above named Grantee, the following described property. Additional legal is on pageX of document (Abbreviated legal description MUST go here) LEGAL DESCRIPTION: A PORTION OF TRACT 96, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO THE CITY OF SEATTLE, DMSION NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, IN KING COUNTY, ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this /6 day of206,- GRANTOR(S) STATE OF WASHINGTON ) COUNTY OF KING ) ss I certify that I know or have satisfactory evidence that __ Sa,,�/'� • �O��cSD/J Signed this instrumeflRaacknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the istrument on "J MOUNIR H. TOU-.:,.�, Notary lic in and o the tote of Wash ton Notary (P t /i^ rJ, STATE OF WASHINGTON My appointment expires z NOTARY--- PUBLIC YY MMMISSION EXPIRES 8-09-OT SAMPSON Deed Pagel EXHIBIT "A" LEGAL DESCRIPTION THE WEST HALF OF TRACT 96, HILLMAN' S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, IN KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 01°50'20" EAST ALONG THE WEST LINE OF SAID TRACT A DISTANCE OF 15.18 FEET TO A POINT ON CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.74 FEET AND CENTERAL ANGLE OF 90041'28" TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE NORTH 88051'09" WEST ALONG SAID SOUTH LINE A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON SAMPSON Deed Page2 N 38th STREET — S 68_43'29' E 664.15' (C) K....»• »� ».....� �� I LOT 1 TAX LOT 34270-0474 I RENTON Sp�1 93-78 I pAR A Af/7611039013 _ _ WITON SHp N 88'43'45" W 310.61' Z m v v 200.61 50.00 60.00' r > Z al IN I Q 0 IN W WI 3 o m Q N 2 - LOT 1 4 I LOT 2 LOT 3 LIJ EX N I n X I y !�I N I HOUSE I � v� w Q zl N ( I iF § 00 0� m OmKaTM To THE I N c i�onp w IN a O m .0.�" L_ CASE (4/29/03) In U-2t74 0 I T—I&IS ia�x or��sov1•ar Z I ILOO 185.62' 50.00' 1 60.00' 330.81' xs /aU S WIO'20' E 666.63' (C) N 36th STREET N01'`4'00'E I a I� s IA r.Am n •�I N. 38TH H o : -I 741 Li 1 Q O� W _ � I) F so � � Y ST. - a f h M X9TW cT LA VON- wo Ail IV. JJ 1 n v 1. I „Ira 1,3.-� 1 i BUY IYi o- 0 Y (1 P.359-7 (21 la 7(s) M.M ISO S.P.W�- 97 p SP.193-78 t tf.0 N , 6THJ15 .- 34TH x ST: -. UZINuf EE 36TH ST \Y a 69 REPORT City of Renton Department of Planning / Building / Public Works & DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: July 1, 2004 Project Name: Sampson Short Plat Owner/Applicant: Steve & Sandra Sampson 1310 North 361h Street Renton, WA 98056 Contact: Tom Touma Touma Engineers 6632 South 191 st Place Suite #102 Kent, WA 98032 File Number: LUA-04-066, SHPL-A Project Manager Jason E. Jordan Project Description: Administrative Land Use Action (Short Plat Review) for a three -lot subdivision of a parcel totaling 0.72-acres located within the Residential — 8 Dwelling Unit Per Acre (R-8) zone. The subject site is currently developed with a 1,359 square foot single-family residence, which is proposed to remain on what would become new Lot 1. Proposed Lots 2 and 3 are also intended for the future construction of single-family residences and are proposed to be 5,070 and 6,077 square feet respectively. Emergency and vehicular access to all three lots is proposed from North 361h Street. However, proposed Lot 1 is considered a corner lot and also has access from Park Avenue North. Project Location: 1310 N 361h Street �f �b €l WIM t P 3M ST 6S Y o W } m 6t Project Location Map shpirpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 2 B. GENERAL INFORMATION. 1. Owners of Record. 2. Zoning Designation: Steve & Sandra Sampson 1310 North 36th Street Renton, WA 98056 Residential — 8 du/ac (R-8) 3.Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: The site is currently developed with a 1,359 square foot single-family residence, which is proposed to remain on what would become new Lot 1. 5.Neighborhood Characteristics: North: Single -Family Residential (R-8 zone) East. Single -Family Residential (R-8 zone) South: North 36th Street/Single-Family Residential (R-8 zone) West. Park Avenue North/Single-Family Residential (R-8 zone) 6.Access: Emergency and vehicular access is proposed from North 361h Street. As proposed, Lot 1 is a corner lot and vehicular and emergency access could also be served from Park Avenue North, which is located along the western property boundary of the site. Z Site Area: 31,552 square feet / 0.72 acre C. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 2/20/1995 Zoning N/A 4404 6/7/1993 Annexation N/A 2531 12/22/1969 D. PUBLIC SERVICES: 1. Utilities Water: There is an existing 8-inch diameter water main in North 36th Street and an existing 12-inch diameter water main in Park Avenue North. Sewer: There is an existing 8-inch diameter sanitary sewer main in North 36th Street and an existing 8- inch diameter sewer main in Park Avenue North. Surface/Storm Water: There are no storm drainage facilities surrounding the site. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations Section 4-3-050: Critical Area Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 4. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 5. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 3 Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element — Residential Single Family 2. Housing Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant has proposed to subdivide one lot totaling 0.72-acres into three lots. The property is currently developed with a 1,359 square foot single-family residence. The single-family residence is proposed to remain on what would become new Lot 1. Proposed Lots 2 and 3 are intended for the eventual development of detached single-family homes. The lots are proposed at the following sizes: 20,405 square feet (Lot 1), 5,070 (Lot 2) and 6,077 square feet (Lot 3). The applicant is proposing to serve all the lots from North 36t' Street. As proposed, Lot 1 is also adjacent to Park Avenue North and vehicular and emergency access could be approved from that location in the future. For purposes of the short plat, proposed Lot 1 is considered a corner lot, while Lots 2 and 3 would be considered interior lots. The topography of the subject site slopes at an average grade of approximately 13% from northwest to southeast. The subject site is predominately vegetated with grass lawn and 10 deciduous trees. Six of the deciduous trees located within proposed Lot 2 may be removed in the future, in order to prepare for a building pad. The applicant has indicated that the remaining tree will be retained. 2. Environmental Review Except when located on lands covered by water or critical areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the City's Comprehensive Plan Land Use Map. The RSF designation is intended to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF designation in that it would allow for the future construction of two new single-family homes, thereby promoting goals of inf ill development. The proposal is consistent with the following Comprehensive Plan Land Use and Housing Element policies: Policy LU-35. A minimum lot size of 4,500 square feet should be allowed in single-family residential neighborhoods except when flexible development standards are used for project review. The applicant has proposed three lots that range in size from 5,070 square feet to 20,405 square feet, which is in compliance with this policy. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 4 Policy LU-38. Development standards for single-family neighborhoods (e.g. lot size, lot width, building height, setbacks and lot coverage) should encourage quality development in neighborhoods. The existing home will be located on a lot that totals 20,405 square feet (well above the 4,500 square foot minimum). In addition, the existing residence is situated such that it provides increased setbacks and totals less than 6% lot coverage. Lots 2 and 3 are also proposed to be larger than the minimum lot sized allowed (5,070 and 6,077 square feet respectively) and should afford greater setbacks and less lot coverage, once a single-family residence is constructed on the lots. Policy H-4. Encourage infill development as a means to increase capacity. The proposal would create two additional single-family residential lots, thereby increasing housing capacity within a currently under dense residential area of the City. Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of two new single- family dwelling units. The allowed density range in the R-8 zone for lots over 1/2 acre in size is a minimum of five dwelling units per acre up to a maximum of eight dwelling units per acre. Net density is calculated after the deduction of environmentally critical areas, areas intended for public right-of-way, and private easements serving 3 or more lots from the gross acreage of the site. In this case, the applicant is not required to deduct any property area as the site does not contain any environmentally sensitive areas nor areas required for private drives serving three or more lots or required right-of-way dedication. Therefore, the net site area of the proposal is the same as the gross site area 31,552 square feet or 0.72 acres. This in turn, equates to a net density of 4.16 dwelling units per acre (3 / 0.72 = 4.16 du/ac), which is under the minimum (5) allowed within the R-8 zone for lots over 1/z acre in size. However, RMC 4-2-110D1 a states, phasing, shadow platting, or land reserves may be used to satisfy the minimum density requirements if the applicant can demonstrate that the current development would not preclude the provision of adequate access and infrastructure to future development and would allow for the eventual satisfaction of minimum density requirements through future development. As a result of this requirement, the applicant has demonstrated (via a shadow plat plan) that two additional lots could be developed within proposed Lot 1. By adding two additional lots, the net project density would be 6.9 dwelling units per acre 5/0.72 = 6.9), thereby meeting the minimum density standards required in the R-8 zone. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size and, lots 5,000 square feet or less are allowed to have up to 50% lot coverage. Proposed Lot 1, with the existing 1,359 square foot single-family residence generates a lot coverage of approximately 6.6%, which is well below the maximum allowed. At the time of building permit submittal, staff will verify the lot coverage for proposed Lot 2 and 3. Setbacks in the R-8 zone are as follows: front yard 20 feet, side yard 5 feet, side yard along a street 15 feet, and rear yard 20 feet. Lot 1, with the existing house, meets the minimum setbacks as established by code (20-foot front yard measured from North 361h Street, a 20-foot rear yard measured from the northern property boundary a 15-foot side yard along a street setback measured from the western property boundary (Park Avenue North) and a 5-foot interior side yard measured from the eastern property boundary. While no building construction for proposed Lots 2 and 3 is planned at this time, they appear to have adequate area to provide for a new single-family residence while meeting the required setbacks and lot coverage requirements of the zone. In this case, proposed Lots 2 and 3 would have a 20-foot front and rear yard setback from the northern and southern property boundaries and a 5-foot interior side yard setback from the western and eastern site boundaries. In addition, each lot appears to have adequate area to provide for two off-street parking spaces as required by the parking regulations (these development standards would be reviewed with the building permit). shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 5 Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. The Subdivision Regulations require the installation of half street improvements, including curb, gutter, 6-foot sidewalk, along the site's Park Avenue North and North 36th Street frontages (RMC section 4-6-060), unless previously installed, waived or deferred through the City of Renton Board of Public Works. The proposed subdivision is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. The additional lots are expected to generate approximately 9.57 new average weekday trips per single-family residence. The fee for the proposed short plat is estimated at $1,435.50 ($75.00 x 9.57 trips x 2 = $1,435.50) with credit given for the existing single-family residence and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-8 zone is 4,500 square feet. The short plat would create three lots, which are proposed at 20,405 square feet (Lot 1), 5,070 square feet (Lot 2) and 6,077 square feet (Lot 3). The proposed lot sizes are compatible with other existing lots in this area of the City under the same R-8 zoning classification and comply with the development standards established within the R-8 zoning designation. The proposed lots also comply with the R-8 requirements for minimum lot width (60 feet for corner lots and 50 feet for interior lots) as well as minimum lot depth (65 feet). Specifically, the lot widths range from 50 feet to 200 feet and lot depths are approximately 100 feet each. The proposed lots appear to have adequate building area for the construction of a single-family residence when taking setbacks and lot coverage requiremehts into consideration. Lot 1, with the existing house, meets the minimum setbacks as established by code (20-foot front yard measured from North 361h Street, a 20-foot rear yard measured from the northern property boundary a 15-foot side yard along a street setback measured from the western property boundary (Park Avenue North) and a 5-foot interior side yard measured from the eastern property boundary). However, the development standards for each new lot would be reviewed again, upon building permit submittal. The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. In addition, each lot would have vehicular and emergency access to a public street via North 36th Street and/or Park Avenue North (Lot 1). Reasonableness of Proposed'Boundaries Access: Each lot would have access to a public right-of-way (North 36th Street). However, Lot 1, is considered a corner lot and would also receive access from Park Avenue North. Topography. The topography of the site slopes to down to the southeast corner of the site at an average slope of approximately 13%. The property is vegetated with grass lawn, field grass and ten deciduous trees. In order to locate the access and utilities necessary and create a suitable building pad for proposed Lot 2, six of the deciduous trees may be removed in the future. As some grading will be necessary, potential erosion impacts may occur during project construction; therefore, staff recommends the following two erosion control measures as conditions of project approval: 1) The applicant shall install a construction fence and silt fence along the down slope perimeter of the site. The silt fence shall be in place before clearing and grading is initiated. 2) Erosion control shall comply with the Department of Ecology's 2001 Stormwater Management Manual. These conditions would ensure that neighboring properties would be protected from any stormwater erosion impacts generated from the proposal during project construction. It should also be noted that the subject site contains some areas identified as "sensitive slopes" ranging from 25 to 39%. However, those slopes were found to be located off -site and more towards Lot 1 and the existing single-family residence. Nevertheless, any future subdivision of this property will require a geotechical report. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 6 Relationship to Existing Uses: The properties surrounding the subject site are designated Residential — 8 Dwelling Units Per Acre (R-8) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. Moreover, as redevelopment occurs in this area of the city, many of the nearby lots have been platted into smaller inf ill lots ranging from 4,500 square feet up to 9,500 square feet in size. Community Assets: The applicant has noted that six of the deciduous trees on proposed Lot 2 would be removed for the placement of the new single-family residence. As a result of the loss of existing vegetation and in keeping with the code, which requires adding attractiveness and value to the property, staff recommends the following condition: the applicant be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer) per each new lot, within the 20-foot front yard setback area. In order to ensure the trees are maintained and/or replaced if damaged, 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. Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements, and mitigation fees. Therefore, staff recommends a Fire Mitigation Fee, based on $488.00 per new single-family lot, which would mitigate the proposal's potential impacts on the City's emergency services. The fee is estimated at $976.00 ($488 x 2 = $976.00) with credit given for the existing single-family residence and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Therefore, it is anticipated that the proposed short plat would result in 1.00 (0.44 X 2 = 0.88 or 1) new child to the local schools (Kennydale Elementary School, McKnight Middle School, and Hazen High School). The Renton School District has indicated they can accommodate the additional student generated by this proposal. Streets: The subject site is located adjacent to North 361h Street and Park Avenue North. No additional public streets are required as part of this proposal. Nevertheless, the applicant would be required to pay a Traffic Mitigation Fee in the amount of $75.00 per each new trip generated by the proposal prior to the recording of the short plat. Please see above discussion regarding "Streets." In addition, as required by City Code, the applicant will be required to dedicate the 15-foot corner radius at the intersection of Park Avenue North and North 36" Street. Storm Water. There are no storm water facilities adjacent to the subject site within North 36'hStreet or Park Avenue North. A drainage narrative was submitted with the application and has been reviewed by the City of Renton's Plan Review Section. The drainage plan will be required to meet the 1990 King County Storm Water Design Manual prior to project construction. A Surface Water System Development Charge of $715.00 per new single-family lot would be collected as part of the construction permit or prior to the recording of the short plat. Water and Sanitary Sewer Utilities: There is an existing 8-inch water main and 8-inch sewer main located in North 361h Street and an existing 12-inch water main and 8-inch sewer main located in Park Avenue North. Per code, the applicant would be required to provide a fire hydrant within 300 feet of the farthest lot, capable of delivering a minimum of 1,000 gallons per minute (gpm). In order to ensure water service is provided for each new lot, code requires the applicant to install separate water meter box connections for each new building lot prior to final short plat approval. A Water System Development Charge of $1,525 per new single-family lot, as well as a Sewer System Development Charge of $900.00 per new single-family lot, would be collected as part of the construction permit or prior to the recording of the short plat. In order to ensure separate side- shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 7 sewer stubs are installed to each new lot, City code requires that the applicant install the new side sewer stub -out connections prior to final plat recording. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request. The applicant has requested Administrative Short Plat Approval for the Sampson Short Plat, File No. LUA-04-066, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family (RSF) land use designation. 4. Zoning: The proposal as presented, complies with the zoning requirements and development of the Residential Single Family — 8 (R-8) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations for the short platting of two lots provided all advisory notes and conditions of approval are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North Residential Single - Family (zoned R-8); East. Residential Single -Family (zoned R-8); South: North 36 h Street /Residential Single -Family (zoned R-8) West: Park Avenue North/Residential Single -Family (zoned R- 8). 7. Parks Mitigation Fee: A parks impact fee was not required as the short plat is exempt from Parks Mitigation fees pursuant to ordinance. 1. Conclusions: 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation, provided all advisory notes and conditions of approval are complied with. 3. The proposed three lot short plat complies with the subdivision regulations as established by city code and state law, provided all advisory notes and conditions of approval are complied with. 4. The proposed three lot short plat complies with the street standards as established by city code. 5. A water System Development Charge of $1,525, a Surface Water System Development Charge of $715, and a Sewer System Development Charge of $900 will be required for each new single-family residence as part of the construction permit. 6. The applicant will be required to install separate water meter box connections for each new building lot prior to final short plat recording. 7. The applicant will be required to install the new side sewer stub -out connections for each new lot prior to final plat recording. 8. Lot 1, with the existing house, provides for a 20-foot front yard setback measured from North 36'h Street, a 20-foot rear yard setback measured from the northern property boundary, a 15-foot side yard along a street setback measured from the western property boundary and a 5-foot interior side yard measured from he eastern property boundary. 9. New Lots 2 and 3, are proposed to have a 20-foot front and rear yard setback from the northern and southern property boundaries and a five-foot interior side yard setback from the eastern and western lot boundaries. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 8 J. DECISION: The Sampson Short Plat, File No. LUA-04-066, SHPL-A, is approved subject to the following conditions: 1. The applicant shall install a construction fence and silt fence along the down slope perimeter of the site. The silt fence shall be in place before clearing and grading is initiated and removed prior to final short plat recording. 2. Erosion control shall comply with the Department of Ecology's 2001 Stormwater Management Manual. 3. The applicant shall be required to plant two new approved trees, per each new lot, within the 20-foot front yard setback area. The applicant shall be required to record a restrictive covenant against the property indicating that two trees are required within the front yard setback area of each new lot, prior to final plat recording. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. 4. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project estimated at $717.75. The Transportation Mitigation Fee shall be paid prior to final short plat recording. 5. The applicant shall pay the required Fire Mitigation Fee equal to $488.00 per new single-family lot estimated at $488.00. The Fire Mitigation Fee shall be paid prior to final short plat recording. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: July 1, 2004 7JJ /L, 2 Y declisl�os date shp/trpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 9 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31 st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi -family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Property Services —Comments for Final Short Plat Submittal 1. See attached Property Service comments dated June 25, 2004. 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. 2. Existing fire hydrant will require a Storz fitting. Plan Review — Drainage 1. The System Development Charges for surface water shall be $715.00 per new single-family lot. Plan Review — Sewer 1. The System Development Charge for sewer shall be $900.00 per new single-family lot. This is payable at the time of issuance of construction permit. 2. The existing sewer main in North 361h Street does not extend far enough to the east to serve Lots 2 and 3. The applicant will be required to extend approximately 114 lineal feet of 8-inch sewer main in North 36th Street. 3. Minimum slope for side sewers shall be 2%. Dual side sewers are not allowed. Plan Review —Water 1. System Development Charge for water shall be $1,525.00 for the new single-family lot. This is payable at the time of issuance of construction permit. 2. Fire flow requirement for single-family residences is 1,000 gpm. A hydrant is required within 300 feet of the furthest structure. 3. A 5-inch quick -disconnect fitting will be required to be installed on the hydrant if not already in place. 4. All short plats shall provide a separate water service stubs to each building lot prior to recording of the short plat. Separate permits will be required. It has not been shown on the plans. Plan Pavinw — Ctraat Imnrnvamante 1. Full street improvements including sidewalk, curb and gutter are required to be installed. Applicant may submit a request to the Board of Public Works to defer these requirements. If approved, a restrictive covenant may be required to be recorded with short plat. 2. Street lighting is not required. 3. Applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. 4. A traffic control plan, approved by the City will be required for any construction impacting the City's right of way. 5. Maximum driveway slope is 15%. A grated drain is required for driveways that exceed 8% in slope. Plan Review — General 1. Separate permits for the side sewer connections, water meters and storm drainage connections, including infiltration trenches will be required. 2. Applicant shall be responsible for securing all necessary easements for utilities. 3. All new rockeries or retaining walls to be constructed that are greater than 4 feet in height will be require a separate building permit for structural review. A geotechnical report is required. 4. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 1, 2004; PROJECT LUA-04-066, SHPL-A Page 10 TRANSMITTED this 2'd day of July, 2004 to the owner/Applicant: Steve & Sandra Sampson 1310 North 36`t' Street Renton, WA 98056 TRANSMITTED this Zd day of July, 2004 to the Contact. Tom Touma Touma Engineers 6632 S. 19151 Place Suite E102 Kent, WA 98032 TRANSMITTED this Zd day of July, 2004 to the Parties -of -Record: Jeff & Cathi Wooden 1000 Ironwood Place Alamo, CA 94507 TRANSMITTED this 2°d day of July, 2004 to the following: Larry Meckling, Building Official Stan Englar, Fire Marshal Neil Watts, Development Services Director Jennifer Henning Kayren Kittrick Jan Conklin Carrie Olson -Davis Lawrence J. Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on July 15, 2004. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. shpltrpt.doc APPROVALS: SHORT PLAT NO. CITY OF RENTON DEPARTMENT OF PLANNING/ BUILDING/PUBLIC WORKS CITY OF RENTON, WASHINGTON E.—h.d and a "—i ml4 _—_ day of-- 20 Admin4Volx SHADOW SHORT PLAT DATA TOTAL SHORT PLAT AREA 31.552 sq. ft, NUMBER OF LOTS PROPOSED — 5 PROPOSED SOUARE FOOTAGE OF NE LOTS 1 — 20,415 sq, ft. 2 — 11,137 sq. ft. 3 — 9, 210 sq. ft. 4 — 5,079 sq. ft. 5 — 6068 sq, ft. PROPOSED DENSITY: 6.9 DEP—,MENT OF ASSESSMENTS E,=h•d aad aaar—d thla ___ day of — D4auty A—W Ac t N,m 334270-0471 k 334270-0470 LINE TABLE LINE I LENGTH BEARING L1 5.67 SOI'44'00"W f — — S _ 88_43'29" E 664_15' LEGAL DESCRIPTION - THE NEST HALF OF TRACT 93, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS. PAGE 64. IN KING COUNTY, WASHINGTON. TAX LOT 34270-0474 I IL60000'*O n I 0 0 e O :YlZ W i3. N 3 10 0:y O ;V;of ;(L' o I I I I tYU I o� N 3 .96'(CL LOT pp 1 RENTON781P8 1039013 N 88'43'45" W 310.61' 50,00' 190.61' 17.03' 38.14' —+ DE K r o LOT 2 3 1TT 3 3 L111F: EX g.. { HOUSE Y N 1,359 yq.ft. ;n 0 O . rr:"Clf A m � 90:@0' ------ N 36th STREET LOT 4 RECORDING NO. PE VOL./PAGE SCALE: 1 inch - 30 It. PORTION OF SE 1 /4 of NW 1 /4. S. 32, T. 24 N, R.5 E. W. SURVEY NOTES LUA-XX-XXX-SHP INSTRUMENT: NIKON TOTAL STATION OTMAIOLC LNO-XX—XXXX METHOD USED: FIELD TRAVERSE WITH ACTUAL FIELD MEASUREMENTS AND ANGLES WAC 332-130-090 DATE OF SURVEY: JANUARY 2003 BASIS OF BEARING: N 38th STREET (S88'43'29"E) BENCHMARK: RENTON MON #341 TOP STEEL PIN IN CONCRETE IN CASE INTERSECTION OF N 30th STREET & PARK AVE N ELEVATION " 201.26' (61.343m) NAVD1989 REFERENCE SURVEYS: AF,y960169002 h 8412129002 PARCEL A RENTON LUA-96-053—SHP AF#9610169002 60.00' ; N � N u 3 LOTS w o�yry�9�q Ig N O 50.00, 60,00, S 88'50'20" E 666.6310 S 89'0354" E 2633.61' (COR) 2633.96' (M) SAMPSON SHORT PLAT Off TOUMA ENGINEERS SHADOW SHORT PLAT LAYOUT 1310 N 36th STREET. RENTON.WA 98056 NEST VALLEY EXECU77W PARK OWN, BY GATE I JOB NO. 6631 SWIM Iry PLAm sum,E—IO2 -KENT, WA 96031 DAN T. JANUARY 2004 851-001-041 PMCWE (425) 261-0665 FAX (425) 25I-0625 CHKO. BY SCALE 1 SHEET MHT -1" 30' 3 OF 3 SHORT PLAT NO. CITY OF RENTON, WASHINGTON LEGEND CZ CB (TYPE 1) FT TELEPHONE VAULT ^ v STMH (TYPE 11) TELEPHONE CABINET QS SANITARY SEWER MH SIGN OC WATER VALVE YYY��� CONIFER TREE ® BLOW OFF ASSEMBLY O DECIDUOUS TREE c MAIL BOX IB WATER METER/SERVICE + PK NAIL FIRE HYDRANT o UTILITY POLE ® MON IN CASE/ E-- GUY WIRE o EX REBAR / PIPE 0 LIGHT POLE � AS NOTED SET 1/2' REBAR h ID GAS VALVE CAP LS1/9470 RECORDING NO. SCALE: VOL./PAGE inch . 30 It PORTION OF SE 1/4 of NW 1/4, S. 32, T. 24 N. R.5 E. W.M. SURVEY NOTES LUA-XX-XXX-SHP INSTRUMENT: NIKON TOTAL STATION DTMAIOLG LND-XX-XXXX METHOD USED: FIELD TRAVERSE WITH ACTUAL FIELD MEASUREMENTS AND ANGLES WAC 332-130-090 DATE OF SURVEY: JANUARY 2003 BASIS OF BEARING: N 38th STREET (S88'43'29"E) BENCHMARK: RENTON MON #341 TOP STEEL PIN IN CONCRETE IN CASE 'NTERSECTION OF N 30th STREET do PARK AVE N ELEVATION . 201.26' (61.343m) NAVD1989 REFERENCE SURVEYS: AFy960169002 k 8412129002 S 88_43'29" E 664_15' LEGAL DESCRIPTION - THE WEST HALF OF TRACT 93, HILLMAN'S LAKE WASHINGTON GARDEN OF MON N CASE(1/04) EDEN ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2. ACCORDING TO THE PLAT THEREOF, RECORDED 1N VOLUME 11 OF PLATS. PAGE 64, IN KING COUNTY, WASHINGTON. I TAX LOT 34270-0474 I LOT 1 RENTON S1�119013 1 INY EL 159.26'-12' AFM7811tl3978 013 N 88'43'45" W 310,61' Z• o'FRUIT 2 0.61' \ 50.00' • APLE 27.0}' SUMP !� 38.14' jI O `\,L2'FRUIT -+1l--.-p-�E K �J:Z7FMI f�.r+�� "MAPLE � I ~ 3( 1I 3 - MP 4 "MAPLE s MPLOT 0 LOT 1 1 HOUSE 2 $ I1.359 6Q fl. _ § ZZ Q I 0 MON Yl CASE(I/04) 6TUM PLE I ��Y,�� MA1 ( d� \J-�� ;n k . I,200.80' �TILI 2s.18'MON 1 rM�p,CASE("/04) 1 �„ 4 55 55 N 36th STREET SS SS STA 1,OO.00 (PARK). STA 14D0.00 IN 36th ST) CITY OF RENTON MON j1686 SW CORNER SEC 32-24-5 pINN - FD NAY, CONCRETE IN - CASE(1/04) LOT 3 )NA 60.00' T48,E _:NE :ENGT�� T 9E ARItiG 5 E7. SOOME:) " Ifi All) MON N CASE(1/04) PARCEL A RENTON LUA-96-053-SHP AF#9610169002 ` J !'v r N m N e h � OA 0� o W i 2 > o 00 O Z EX SSCO CITY OF RENTON MON J286 RIM EL • 186.24' S 1/4 CORNER SEC 32-24-5 INV it • FOUNO 1/8' C�CAS�E PN N ES AVEIR N {{/0 T rj LATER .ONES ACNE (1h 4)S 89OJS4E 263.3 6V (CDR) 2633.96' (M)-'� o I NGo SAMPSON SHORT PLAT TOUMA ENGINEERS TREE, TOPO, AND UTIL. PLAN 1310 N 36th STREET, RENTON,WA 9805E ff' *EST VALLEY CXECU77VE PARK OwN BY DATE :09 NO 40 66J2 SOU1N I91ST GLACE SUI7F E-102 •KENT. WA 96032 DAN T. JANUARY 2004 85t-001-041 1 PNpVE (41S) 251-0663 FAX (425) 251-0625 AL LAW CHKD. BY IS SHEET o {/xs/oe MHT . }0' 2 OF A Y n7'RQ-'1' APPROVALS: DEPARTMENT OF ASSESSMENTS RECORDING NO. VOL./PAGE SHORT PLAT NO. CITY OF RENTON DEPARTMENT OF PLANNING/ BUILDING/PUBLIC WORKS CITY OF REN TON, WASHINGTON EaenMed and Epp oved tnu __— ddy of 20 --------------------- SCALE: Esomined and oovn,w this -- day or __'-- 20 Aaae.wr f =� ..._� .._ ..... than aO rt CERI!FICAT'CN Deputy A....ser — --- ------ Administrotor PORTION OF KNo+r ALL PEOPLE a. *,,ESE PRESENTS that ..• in. and-1,n.d o.n«. Account Number 334270-0471 z: 334270-0470 the fond he reby $E 1 /4 Of NW 1 /4, S. 32, T. 24 N, R,5 E, W.I�A, of Iereby encrt wb,hAded, do thereby main. a chart euea,,a4an therefore dealero tn.a mop to be the graphic representation LUA-XX-XXX-SHPL of in* a if" that ena,t .'Pdideon I. made With the N —Isl and a oc<erdonce nth the d..n. of me a.n— N MTNESS AHEREOF ee Nt our hand. and seaia. OWNER SURVEY NOTES LND-XX-XXXX I LEGEND SHORT PLAT DATA STEEE AND SANDRA SAMPSON INSTRUMENT: NIKON TOTAL STATION DTMAIC-G home Name (� 1310 N 36th STREET TOTAL SHORT PLAT AREA 31.552 aq. ft. METHOD USED: FIELD TRAVERSE Y•"TH ACTUAL C� SEC CORNER RENTON. WASHINGTON 98056 NUMBER OF LOTS PROPOSED - 3 FIELD MEASUREMENTS AND ANGLES (� (425) 255-8099 PROPOSED SQUARE FOOTAGE OF NE LOTS WAC 332-130-090 ACKNOWLEC'GMENTS 1 - 20.405 sq. ft. DATE OF SURVEY: JANUARY 2003 f � QUARTER CORNER BASIS OF BEARING: N 38th STEEE' IS88'43'29'E) 2 - 5,070 sq. ft. A PK NAIL ENGINEER / SURVEYOR 3 - 6,077 sq. ft. p BENCHMARK: RENTON MON rN361 Slate of wa.hMgton ® MON IN CASE/ TOUMA ENGINEERS & LAND SURVEYORS PROPOSED DENSITY: 2.76 TOP STEEL PIN IN CONCRETE IN CASE County of 6632 S 191st PLACE SUITE E -102 INTERSECTION OF N 30th STREET & EX REBAR PIPE KENT, WASHINGTON 98032 ZONING - R 8 RESIDENTIAL PARK AVE N 1 c.nuy tool Eno. or haw wN.fadory, .Maerlce coal o / AS NOTED (425) 251-0665 ELEVATION - 201.26 161,343m) signed this Hstn+ment and -k—edges It to be (his/her) nee and SET 1/2- REBAR & NAVD1989 .wuntwy oat for the .Ne and purpo•.. merlNoaed in the eatmmenL CAP LSi/9470 REFERENCE SURVEYS: AFy960169002 & 84121.29CO2 N 40th STREET I - - S 8flY3'29" E 664_13' _ ICI s;grwt— of - Notary Pubiic _ Oal.d MON IN CASE(1/04) I� MY appointment eepFN 40N N CASE(1iO4', slate of WOMYlyton County of I certify that I I,— at, now ea6.foctcry .Md... that I TAX LOT 34270-0474 LOT 1 ( RENTON SPR193-78 AF/78110039013 l) .igloo IN$ m.trument and acenoef.dged N to a (hie/hw) Fee and . -tPry act fer th..... and P.rpNe. mentioned In the In.t—.nL PARCEL A � RENTON LUA-96-053—SHP N 88'43'45" W 310.61' AFy9610169002 200.61' al O1 I i 50.00' 60.00' signature of n 00 r__ __ 27.OS 36.1i N e Notary Public o _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dotal My appoln tm.nl evN. I Z LOT 1 4 I LOT 2 LOT 3 y0�t 5q 9�ti g > i EX i Liry n 20.405. sc a./l. HOUSE 5,070. s It. rg 6.077. s t A t', I Q o N I 0.46 acres (1,359 sq.ft, �Y p,+t acres S o 0.13 pcq s b0 q2�40 Y= O I ` I F� e 0 ( MON 71 CA-(1/04) _ _ _ _ _ _ _ _ _ _ V) 26 u Z NON IN CASE(1/04) ( 200.80' SD.DD' 6D.00' 73-081, S 88'S0'20' E 666.6310 4 —y1; I I N 36th STREET I I LEGAL DESCRIPTION Np, I THE WEST HALF OF TRACT 93, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO 0o THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS. PAGE 64, IN KING CITY OF RENTON MON /266 tnu Ott OF RENTON WON lies' COUNTY, WASHINGTON. S 1/4 CORNER SEC 32-24-5 SW CORNER SEC 32-24-5 FOuND 1/8' COPPER PIN :N l.N FOIRD NAt N CONCRETE 11 - COfICREIE dl CASE Ith T, Q .,13 0.96'(C / CASE(1/04) 'NTFR X1NE5 AVE NE k NE 2DIM si � S 89'03'54" E 2633.61' (COR) 2633.96' (M) RECORDERS CERTIFICATENo. LAND SURVEYOR'S CERTIFICATE Ied for record this_day of_,20 _ at_ This map correctly represents a survey made�to H. 'ff SAMPSON SHORT PLAT b me or under m direction in conformance .� TOUMA ENGJN£ERS book_Ofot page_ of the request y y o 1310 N 36th STREET, REN TON,WA 98056 with the requirements of the Survey Recording ( f Moun,r h Toumo Act at the request of Steve _Sandra SampsonSampso' W£ST VALLEY EXECU77W PARK DwN BY DATE Jos NO In January 2004 / ;4'/ " 6632 SOUTH FOIST PLAC[ SMTE E-102 KENT, WA 98032 DAN T JANUARY 2004 851-001-041 " �d �1L I.Aifl PHONE (425) 231-0665 FAX (425) 231-0613 CHKD 0Y SCALE SHEE? lLl<� 4/ES/p6 Mgr. Supt. of Records Certificate No. 9470 MHT 1" 30 ` OF 3 z. 4 7 H Ft f. -87 f 7 � YV" I ' 110 4ft-_-40 ' 104 b -13P I Ada 3° + AKE� ,„� NQ� P�� 103 WAKE WAS 1 a N a 3 z �$ - 102 .Ap 38TH I- ope. •?M.ff siS I3 q 7`/ a QpW i �6125 (41 as gigARD N 775 79 ) 3O f1 u: 3 (1) I �w _ y�'r;• <I (x) 6 81 LT/� S.P.039'83 (2) fl) F (IN 1 (2) yA .To- (A) T /s (B) W �e� 12 ie t o .359-7 n _____: S L M 98 I 011 2f9h ST. Q 6 '® 'S° —li- ----- u- s N. 3TTH ~y a AP.193-78 =pItSE2i.l el s 9! I -_ ��, •' 1 ._3 1 1 1 is r N, , 6TH- + / ,•' 1 I z — _ - c i 'a s) w n a1 1 �' � 1 � zc zs � 1 I ! IVi !� 11 IS'bll�+ .1 CM4i'JFt511!!!L`?J�::'�i_••� lua MIS � MOO _ MAIM a - $ W i14o _ f f 5 11 11 _ 1, 1 {i 111J 118 36TH ST I _ Y 69 3zs is a h Y o w r � 6E -' REP ON ING 1 i 04 Y ;El 65 r�JJF�C r w Y vs )fo• W W' CR 00 co .......... F— :wwww? co OD .......... . END ......... .. ... . ...... C3 • 31 T24N R5E E 1/2 Z/1 a as'a Ntzil ZE • *10 w 46 CITY OF RENTON COUNCIL AGENDA BILL [T,;: &, r . Submitting Data: Planning/Building/Public Works For Agenda of: June 06, 2005 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new plats and Vision House Plat Ordinance ............. LUA03-037. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other. .............. Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a 23-foot by 333-foot strip of land east of Bremerton Ave NE and north of NE 41h St. This dedication is a code requirement of the Vision House Plat LUA03-037 to help meet the revised right-of-way width of 48 feet on Bremerton Ave NE. Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. I:\P1anReview\C0L.S0N\Shor1p1ats 2005\VisionHouse PL 01 AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number:. 1023059066 1021059065 Project File #: Street Inmrsection$remerton Ave NE & NE 4th St Reference Number(s) of Documents assigned or released: Addidonal reference numbers are on page Grantor(s): Grantee(s): t Vision House 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviored or full legal must go here. Additional legal on page ) A Portion of Section 10, Township 23 North, Range 5E, W.M., King County, Washington. (See Attached Exhibit 'A'.) The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grentor(s): Grantee(s): City of Renton Cy%z' Mayor 1� I V-P l re coo{ City Clerk !NDWIDtr.4L FORM OF STATE OF WASHINGTON } SS ACBNOnEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that . USA ill ry\A �! Notar �ittb4 +y�lox GAMt� Qc(Z signed this instrument and ���.• Alk Y •.'9�i� acknowledged it to be his/her/their free and voluntary as for the uses and purposes mentioned in the instrument. tA�.• ptjs% •:�C�/ Notary Public in and for the State of Washington •�I •. .•��,. Notary(Print) kvt�rtvvE(Z K• SaHAL_ t� too My appointment expires: :XUL� `►�tO �`. Dated: mA jq4ll\ 6ZoaS nFt=D.DOC rap t Project: Exhibit A wo# PID Legal Description GRANTDR:Vision House Strcct: Bremerton Avenue N.E. The West 23.00 feet of that portion of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at the Northwest Corner of the West Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 10, Thence South 333 feet, Thence East 163 feet, Thence North 333 feet, Thence West 163 feet to the True Point of Beginning. All Situate in the west half`of`the southwest quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M., King County, State of Washington.. Comprising of 7,654 square feet. Deen.Doc Page 2 i i NORTHWEST CORNER, WEST HALF, SOUTHWEST i QUARTER, SOUTHEAST SOUTHWEST QUARTER, SECTION 10, TOWNSHIP 23 NORTH, /QUARTER, RANGE 5 EAST, W.M. N.LINE. SW 1/4, SE 1/4, SW 1/4, 10-23-5 23 N88'07'25"W 163.00' LI.I Z LLJ j) LL. ¢N- it O O O M Z 't VISION HOUSE 1-- ^ PROPERTY c� En go g W L1J * p D:�o o > z m�z Z 0 N � a Lu inQ o_ 23' 3 N88'07'25"W 163.00' w GRAPHIC SCALE z 50 0 50 100 200 1 INCH =100 FT. C G co a r� t�J1 13343 afsT84U l . LA1;D i EXPIRES:11- Y-2006 SE 128TH ST SOUTH LINE SW 1/4, SECTION 10-23-5 -- M,\02\234\plots\easements\0104-2EX2234.dwg 4/18/2005 9,06,34 AM PST CWi WT 02M. DA 3-0 mruulmo c"—s m VISION HOUSE asi ROAD DEDICATION EXHIBIT MAP D.R. STRONG Ems"two • n.a v • smwwms MN K Asp RAIL WN M a) rAs sn-sw 0 O O u II �r n ago x � '71� N 7R AC. r s BRUME__ To E.s 3N S 67 MNNa11NQ a t (: " INE nwN` - _ - ■ 0 i z D'o' ny N��1� i seenrai n Me = i -_- -�• ti 1 EINCING SITE \ � r1 4 D.SSsID Aa !� .. i•I r ti CD Z rn 45 2. D rL AM R DUVAIL. AVE. 13 ...... o c of NO I Ha ""Imij 0 0 i U O 0. •F' Site Plan Review MAO -2003 REPORT City of Renton Department of Planning / Building / Public Works & DECISION ENVIRONMENTAL REVIEW & ADMINISTRATIVE LAND USE ACTION DECISION DATE: November 4, 2003 Project Name: Children's Village — Vision House Owner. Vision House P.O. Box 2951 Renton, WA 98056 Applicant/Contact: Dale Sweeney of Steven P. Elkins Architects 2630 116 Ave. NE # 200 Bellevue, WA 98004 File Number: LUA-03-037, ECF, SA -A Project Manager: Susan A. Fiala, AICP Project Description: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan approval for the phased construction of three buildings. The uses include: children's daycare, administrative and counseling offices and 11 multi -family housing units considered a Group Home 11. The site is located with the Suburban Centers Demonstration District Overlay District Area B and is subject to the development standards of the Center Suburban (CS) zone. The applicant is requesting a modification from the parking standards to allow for a reduced number of parking spaces; a modification from the Overlay District B standards; and deferment of a portion of street frontage improvements. Continued on next page Project Location: 4514 NE 41h Street (approximately one block north of NE 41h St. and east of Bremerton Avenue NE Exist. Bldg. Area: N/A Proposed New Bldg. Area: 27,119 sq. ft. Site Area: 92,200 sq. ft. (2.12 acres) - 54,245 sq. ft. (1.25 acres) 37,955 sq. ft. (0.87 acres) all parcels — building site — fill site Project Location Map saercrpt Vision.doc City of Renton PIBIPW Department Administrative Site Plan & Environm;. .al Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 2 of 13 PART ONE: PROJECT DESCRIPTION/BACKGROUND The applicant, Vision House -a non-profit organization, is proposing to construct a "mixed -use" development on a 1.25 acre site, comprised of two parcels, and fill portions of three parcels that total 0.87 acres. The five parcel site totals 92,900 square feet. Although addressed off of NE 4`h St., the site is located north of NE 4th Street and east of Bremerton Avenue NE. Three buildings would be constructed to provide for children's day care, offices, 11 residential units (classified as a group home II), outdoor play areas, parking and associated site improvements. For ease of identifying what activity will take place on what portion of the site, where building construction would occur versus where the fill would occur, the two parcels where the three buildings would be constructed will be referred to as the "site" and the parcels where fill would occur will be referred to as the "fill area". Building construction is proposed to be phased. Phase 1 would include Building A and site (parking and landscaping) and frontage improvements. The remaining two buildings would be constructed in two subsequent phases. The site is currently vacant as all previously existing buildings including foundations were removed. The site slopes to the center to a high embankment proposed to be leveled to accommodate development. The cut of this area will be used to fill a portion of three parcels abutting this development. Access to the site is via Bremerton Avenue NE. A 15 foot ingress -egress easement is located on the south portion of the site and will remain in order to maintain access to the parcel to the east. There would be 44 parking stalls located within garages, carports and surface parking lots. The applicant has requested a parking modification to reduce the number of required parking spaces. All buildings would be residential in character with balconies, columns and covered entries. Building A would be a two-story structure including a daycare licensed for up to 80 children ranging from infants to school age. The daycare would serve the children residing at Vision House as well as the community. The building would contain a kitchen, offices for a director and staff and four multi -family dwelling units. Building B would be two stories and include conference room, counselor offices, community space and administration on the first floor. The second level would contain three multi -family dwelling units. Building C would be three -stories with four garages, four carports and storage on the first level. The second and third levels would contain two dwelling units per floor. PART TWO: ENVIRONMENTAL REVIEW A. Environmental Impacts In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. 1. Earth Impacts: The subject site can be described as rolling with slopes up to 15% located in the central portion of the site. The subject site slopes down to the south and to the north from a high point centrally located. All existing vegetation is proposed to be removed including 28 trees (fir, cedar, pine), ornamental shrubs and grass. The applicant submitted a Geotechnical Report prepared by Terra Associates, Inc., dated December 3, 2002 with the land use application. The report addressed soils, groundwater, geologic hazards, site preparation and other issues. The soils are classified as Alderwood gravelly sand loam according to the Soil Conservation Service (CSC) and have a low to moderate potential for erosion when exposed. The site has a thin mantle of topsoil/sod underlain with one to three feet of moist, reddish -brown to brown silty sand with gravel. Glacial till is also present on site and was in a moist, dense and cemented condition when encountered at the time of soil testing. The site was previously developed with a residential use (single family house) that has been removed. The site's vegetation includes trees, brush and grass. A rockery (ranging from 4 to 10 feet high) exists along the Bremerton Avenue NE frontage and a fence along the northern property line. saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environm; _al Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 3 of 13 Earthwork activities are estimated at 5,682 cubic yards of cut, 9,409 of fill and 3,727 cubic yards net. Soil removed from the two north parcels is proposed to be utilized for fill on the two southernmost parcels and balance the remainder of the site. The report states that the proposed buildings can be supported on conventional spread footings bearing on competent native soils below the upper organic surface layer. The foundations will need to be deeper in the northwest portion of the site in order to bear on the native soils underneath the existing fill. Alternatively, the existing fill could be removed and replaced with new structural fill for support of foundations and floor slabs. The existing organic topsoil is not suitable for use as structural fill as it contains a significant amount of fines (silt and clay size particles). If grading activities take place during winter, clean granular material for use as structural fill and backfill should be imported. The applicant is proposing to utilize TESCP measures, including silt fences and a gravel construction entrance and is required to comply with code. In order to reduce the potential for erosion and control sedimentation, staff recommends additional mitigation to reduce potential erosion and sedimentation impacts including that the applicant be required to implement drainage swales and monitoring. With the proposed phasing of the project, construction of Buildings B and C would occur at later phases, to help reduce erosion impacts, staff recommends, as a minimum, that those portions of the site undeveloped in Phase 1 be hydroseeded including the land designated for these two buildings. Rockeries and retaining walls are proposed to be constructed. The report indicated that if rockeries greater than four feet in height should be stabilized with reinforced fabric where silty sand soils are encountered. For rockeries less than four feet in height, no reinforcement would be needed. The report also recommended that no rockery should exceed eight feet in height. Due to potential erosion hazards, staff recommends the mitigation measures listed below be required of the applicant in order to reduce adverse impacts to the site and to adjacent properties. Mitigation Measures: ■ The applicant shall be required to adhere to all of the recommendations, relating to the site, contained within the December 2, 2002 Geotechnical report prepared by Terra Associates, Inc. ■ Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. • The applicant shall install a silt fence along the down slope perimeter of the area that is 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 of the King County Surface Water Design Manual. This will be required during the construction of both off -site and on -site improvements as well as building construction. • Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established 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 flow rates. The design and construction of drainage swales shall conform to the specifications presented in KCSWDM. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off -site and on -site improvements as well as building construction. ■ The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. • Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to final inspection approval. • The applicant shall hydroseed and maintain those portions of the site undeveloped in Phase 1 until subsequent construction. The installation of the hydroseed shall occur prior to the issuance of a temporary certificate of occupancy. saercrpt. Yision.doc City of Renton P/B/PW Department Administrative Site Plan & EnvironmL .31 Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 4 of 13 Policy Nexus: SEPA Environmental Regulations. 2. Surface Water Impacts: There is a conveyance system in Bremerton Ave. NE. The applicant submitted a Surface Water Technical Information Report prepared by D. R. Strong Consulting Engineers Inc., dated March 26, 2003. The report states that developed site runoff will be collected in a series of pipes and catch basins and conveyed to a wet vault/detention vault (R/D) facility located adjacent to the south property line. From there the runoff will discharge to the existing storm drainage system located in Bremerton Avenue NE, bypassing the existing detention system for the Windsor Place project. A private easement will be required to connect the R/D vault with the offsite conveyance system and across the south parcels. The project drains to Maplewood Creek within the Cedar River Basin. Due to documented downstream flooding and erosion control problems, staff recommends that the project complies with the 1998 King County Surface Water Design Manual for water quality and detention (Level 2 flow control). A drainage report per the 1998 KCSWDM has been submitted and reviewed. The applicant is proposing a detention vault for water quality/flow control. To accommodate the 100-year flood event, the applicant will be required to design and provide compensatory storage for upstream runoff normally stored in the fill area (parcels 102305-9068 and 102305-9117). Mitigation Measures: • The applicant shall be required to design the project according to the 1998 King County Surface Water Design Manual Level 2 Flow Control. ■ The applicant shall be required to provide compensatory storage for upstream runoff normally stored in the fill area (parcels 102305-9068 and 102305-9117) designed to accommodate the 100-year flood event. Policy Nexus: SEPA Environmental Regulations, King County Surface Water Design Manual. 3. Access/Transportation Impacts: Access to the site is from Bremerton Avenue NE via NE 41h Street. There are no street improvements fronting the parcels with Bremerton Ave. NE. Two two-way driveways are proposed along Bremerton Avenue NE to provide ingress and egress. A street dedication of 25 feet (9,877 sq. ft.) to the City of Renton for the required right-of-way width of 50 feet will be completed including frontage improvements (curb, gutter, sidewalk, etc.) along Bremerton Ave. NE. The applicant has requested a deferment of street improvements for the two parcels fronting Bremerton Ave. NE. A 15 foot ingress/egress easement located in the south portion of the development would remain to provide access to adjacent properties and would be paved. A Traffic Impact Analysis was submitted with the application as prepared by Transportation Planning and Engineering, Inc., dated March 10, 2003. The report reviewed existing conditions and projected Levels of Service (LOS) conditions at year 2005. The intersections of NE 41h Street with Union, Bremerton and Duvall Avenues NE were evaluated for the proposed development. Each intersection analyzed would maintain the same LOS. NE 4`h Street and Union and Duvall would remain at LOS D and Bremerton at LOS B with the project. The proposal would result in an increase in traffic trips to the City's street system and, therefore, is required to pay a traffic mitigation fee. The Transportation Mitigation Fee is calculated at a rate of $75.00 per net new average daily trip associated with the project. Staff reviewed the proposal in terms of the how the proposed project functions: auto ownership, resident vs. non-resident, employees, etc. Three general uses, office, apartments and child care, were utilized to calculate the fee based on the ITE Manual daily trips associated with each use. Based on several assumptions, the fee was calculated at the lower end of each daily trip ranges for each proposed use. The fee for this proposal is estimated at $8,243.25 (109.91 daily trips x $75.00 = $8,243.25). The fee is payable prior to the issuance of building permits. saercrpt_Vision.doc City of Renton PIBIPW Department Administrative Site Plan & EnvironmL..al Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 5 of 13 Mitigation Measures: The applicant shall pay the appropriate Transportation Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the issuance of building permits. Policy Nexus: SEPA Environmental Regulations: Transportation Mitigation Fee Resolution No. 3100, Ordinance 4527. 4. Fire Protection Impacts: Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide required improvements and fees. The proposal would add new construction to the City, which would potentially impact the City's Fire Emergency Services. Therefore, the applicant will be required to pay a Fire Mitigation Fee based on $0.52 per square foot of new commercial building area and $388.00 per multi -family unit. The fee is estimated at $9,918.84 ($0.52 x 10,867 square feet + $388.00 x 11 units = $9,918.84) and is payable prior to the issuance of building permits. Mitigation Measures: The applicant shall pay the appropriate Fire Mitigation Fee based on $0.52 per square foot of building square footage and $388.00 per multi -family unit. The fee shall be paid prior to the issuance of building permits. Policy Nexus: SEPA Environmental Regulations; Fire Mitigation Fee Resolution No. 2913, Ordinance 4527. 5. Parks Impacts: The proposal would construct 11 new multi -family residential dwelling units which would potentially impact the City's Park system. The units are classified as a group home ll. It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. A Parks Mitigation Fee based on $354.41 per each new multi family unit would be required. The fee is estimated at $3,898.51 ($354.41 x 11 units = $3,898.51) and is payable prior to issuance of the building permits. Mitigation Measures: The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $354.51 per new multi family unit. The fee is payable prior to the issuance of building permits. Policy Nexus: SEPA Environmental Regulations: Parks Mitigation Fee Resolution No. 3082, Ordinance 4527. B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON -SIGNIFICANCE XX NON- SIGNIFICANCE- MITIGATED. Issue DNS with 14 day Appeal Period. XX Issue DNS-M with 14 day Appeal Period. C. Mitigation Measures The applicant shall be required to adhere to all of the recommendations, relating to the site, contained within the December 2, 2002 Geotechnical report prepared by Terra Associates, Inc. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. The applicant shall install a silt fence along the down slope perimeter of the area that is 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 of the King County Surface Water Design Manual. This will be required during the construction of both off -site and on -site improvements as well as building construction. 4. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environm, . _al Review Committee Staff Report CHILDREN'S VILLAGE — VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 6 of 13 established 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 flow rates. The design and construction of drainage swales shall conform to the specifications presented in KCSWDM. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off -site and on -site improvements as well as building construction. 5. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. 6. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to final inspection approval. 7. The applicant shall be required to design the project according to the 1998 King County Surface Water Design Manual Level 2 Flow Control. 8. The applicant shall be required to provide compensatory storage for upstream runoff normally stored in the fill area (parcels 102305-9068 and 102305-9117) designed to accommodate the 100- year flood event. 9. The applicant shall pay the appropriate Transportation Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the issuance of building permits. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on $0.52 per square foot of new non-residential building area and $388.00 per multi -family unit. The fee shall be paid prior to the issuance of building permits. 11. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $354.51 per new multi family unit. The fee is payable prior to the issuance of building permits. 12. The applicant shall hydroseed and maintain those portions of the site undeveloped in Phase 1 until subsequent construction. The installation of the hydroseed shall occur prior to the issuance of a temporary certificate of occupancy. PART THREE: ADMINISTRATIVE LAND USE ACTION - REPORT & DECISION This decision on the administrative land use action is made concurrently with the environmental determination. A. Type of Land Use Action XX Site Plan Review Shoreline Substantial Development Permit Conditional Use Binding Site Plan Special Permit for Grade & Fill Administrative Code Determination B. Exhibits The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing: application, proof of posting and publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map (dated Sept. 11, 2003) Exhibit No. 3: Site Plan (dated Sept. 11, 2003). Exhibit No. 4: Water and Sewer Plan (dated April 18, 2003). Exhibit No. 5: Road and Grading Plan (dated Sept. 11, 2003). Exhibit No. 6: Storm Drainage Plan (dated April 18, 2003). Exhibit No. 7: Sheet L1, Landscape Plan (dated April 18, 2003). saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environmt-..al Review Committee Staff Report CHILDREN'S VILLAGE- VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 7 of 13 Exhibit No. 8: Sheet A 2.0, First Floor Plan (dated Sept. 11, 2003) Exhibit No. 9: Sheet A 2.1, Second Floor Plan (dated Sept. 11, 2003) Exhibit No. 10: Sheet A 2.2, Second Floor Plan (dated April 18, 2003) Exhibit No. 11: Sheet A 4.0, Key Building Sections (dated Sept. 11, 2003). Exhibit No. 12: Sheet A 3.0, Exterior Elevations (dated Sept. 11, 2003) Exhibit No. 13: Perspective (dated April 18, 2003). Exhibit No. 14: Zoning Map, Sheet E6 West (dated March 15, 2003) C. Consistency with Site Plan Criteria In reviewing the proposal with respect to the Site Plan Approval Criteria set forth in Section 4-9-200.E of the Site Plan Ordinance, the following issues have been identified by City Departmental Reviewers and Divisional Reviewers: 1. Conformance with the comprehensive plan, its elements and policies; The subject site is designated Center Suburban (CS) on the City's Comprehensive Plan Land Use Map. The intent of Centers is to provide a cohesive district allowing a wide range of commercial and residential activities for the surrounding residential areas. The Center Suburban designation is characterized by suburban two-story development supporting a medium intensity of activity serving multiple neighborhoods. The proposal is consistent with the following policies intended to guide development in the CS land use designation: Policy LU-99. Allow residential uses throughout Centers as part of mixed -use developments. Eleven (11) multi -family residential units are proposed to be constructed as part of the project and are considered a Group Home II. This would be part of the mixed -use development including daycare and office. Policy LU-118.8. Prohibit new garden style multi -family development with surface parking. Townhouse development which includes parking within structures is the preferred form of multi -family development. Buildings A and B have seven multi -family units (flats) located on the upper level. Building C would have four multi -family units located on the two upper levels with enclosed parking (garages and carports) located on the lower level. Building C has the appearance of townhouse units while all buildings have a residential character that is compatible with existing uses. 2. Conformance with existing land use regulations; The subject site is located in the Center Suburban (CS) zoning designation and within the Centers Residential Bonus District B. The purpose of the CS zone is to provide suitable environments for district -scaled retail and commercial development serving more than one neighborhood. The CS zone permits child care, office and multi -family residential uses. The Centers Residential Bonus District B is intended to ensure high quality residential projects which complement commercial uses (in this case offices and daycare). Group homes II (multi -family) are allowed uses within District B. The proposal's satisfaction of the applicable development standards of the CS zone and Overlay District B are discussed below: Lot Coverage — Both the CS zone and District B allow a maximum building coverage of 65% of the site area. The proposed improvements on the 54,245 square foot site have a total footprint of 11,500 square feet which results in a building lot coverage of 22.2%. The proposed project complies with the code requirement for lot coverage. The parcels designated for the fill material is not included in the lot coverage calculation. Density — The allowed density range in the CS zone is a minimum of 10 to a maximum of 20 dwelling units per net acre. Net density is calculated after critical areas, public rights -of way and portions of private roadways serving more than three units are deducted from the gross acreage of the site. After the deduction of the street dedication ( 9,877 sq. ft.) for the two north parcels from the 54,245 gross square foot site (54,245 sq. ft. — 9.877 sq. ft. = 44,368 net sq. ft. or 1.02 net acres), the proposal would saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environm, _al Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 8 of 13 arrive at a net density of 10.78 dwelling units per acre (11 units / 1.02 acres = 10.78 du/ac), which is within the allowed density range of the zone. Minimum Land Area per Dwelling Unit — A minimum of 1,200 square feet must be provided for each unit, of which a minimum of 250 square feet must be developed as landscaped yard abutting each unit. The proposal is for a mixed use development which locates seven of the residential units on the second floor of Buildings A and B. Building C would be exclusively residential units. No separate lots are proposed; therefore the total land area is 54,245 sq. ft.. There would be common areas and private yards dispersed throughout the site. The site does provide the minimum land area per dwelling unit and adequate landscaping to comply with this requirement. Approximately 11,500 sq. ft. of the site would be dedicated to landscaping which is greater than the required 2,750 (11 units x 250 sq. ft. = 2,750 sq. ft.) . Setbacks/Landscaping — The CS zone requires a minimum 10 foot front yard landscaped setback and to a maximum of 15 feet. The front yard of the site faces Bremerton Ave. NE. Buildings A, B and C would be setback approximately 10 to 13 feet from the front property line along Bremerton Ave. NE. The landscaping plan depicts a combination of ornamental trees, shrubs, groundcover and lawn along this frontage within the required landscaping strip. This frontage is above street grade and would include a rockery/retaining wall. There is a required interior side yard setback (to the north) as the abutting site is zoned residential, R- 14. A 15-foot wide landscaped strip would be provided to buffer the development and parking lot from the residential property. An solid fence currently exists along this frontage and is proposed to remain. This is no required rear yard setback as the abutting property (to the east) is zoned CS. However, there is existing residential (single family home) to the east. The three new buildings would be setback approximately 50 feet from the east property line and a five foot wide planting strip and rockery would help buffer the development from the existing residential. A total of approximately 21% (11,500 sq. ft.) of the site (the north two -parcels) would be dedicated to landscape. The landscaped areas include private yards, play areas, lawn, trees, shrubs and groundcover. All landscaped areas must be fully irrigated. All existing vegetation and trees (firs, alders, apple, pine, willow, redwood and cedars) would be removed prior to construction. Building Height — The maximum building height permitted in the Demonstration District B is 35 feet. The proposed building heights, as measured to the midpoint of the peak, are approximately 28 feet and thus are in compliance. Parkin — The parking regulations require a specific number of off-street parking stalls be provided based on the amount of square footage dedicated to certain uses. The applicant has requested a parking modification to the required number of parking spaces. The following ratios would be applicable to the site: Use Ratio Required Spaces Office 3 to 4.5 per 1,000 sq. ft. 4,000/1,000 x 3 = 12 Child/Daycare 1 per employee & 2 loading per 25 clients 17 employees/ 1 + 75 clients/ 2 = 23 Multi -family 1.75 per unit 11 units x 1.75 = 19 Total Required = 54 Based on these ratios, 54 parking spaces would be required to meet code. The applicant proposes to provide 44 parking spaces. Of these 44 spaces, 8 would be located on the lowest level of Building C in garages and enclosed carports; 8 spaces would be within the surface lot under a carport/canopy near Buildings A and B and the remaining 28 spaces would be uncovered. The Residential Demonstration District requires parking to be provided within an enclosed structure that faces a different facade than the main entry of the building. The applicant has requested a modification to the Overlay District B requirement for enclosed structured parking. saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environmt- -it Review Committee Staff Report CHILDREN'S VILLAGE- VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 9 of 13 As proposed Building C complies with this requirement as its main entry faces the interior of the site and parking would be within an enclosed structure. There would be 8 covered spaces (carport) adjacent to Buildings A and B . This element does not fully comply with the requirement. The applicant contends that there is a low rate of car ownership for the potential families as they are typically very low income and may not own a car. The site is easily accessible to a metro bus line. Vision Special Needs Housing provides bus passes to residents who need them. Furthermore, the site is within walking distance of services and goods, such as the nearby Safeway. The surrounding uses are buffered from the surface lot through intensive landscaping, fencing and rockery around the perimeter of the site. Staff recommends approval of this modification. Additionally, with approval of this site plan, a parking modification pursuant to RMC section 4-4-080. F. 10 will also be granted for a reduced number of parking spaces. 3. Mitigation of impacts to surrounding properties and uses; The proposed development of the site is not anticipated to significantly impact adjacent properties and uses. The building has been sited to provide for code required setbacks from each property line and will provide landscaping and a fence or rockery to buffer the two parking lots. Along the east property line, a new rockery is proposed to be constructed utilizing rockery materials removed from the west property line. The height of the rockery is not provided but it is anticipated that it, along with landscaping would help reduce impacts to the property to the immediate east. The daycare is proposed to be licensed for up to 80 children. The canopy areas on Buildings A and B would function as drop off/pick up areas. Vehicles would be coming in the morning and evening hours. During the day, the children would be outside in the play areas. Associated with these activities come noise and traffic. The location of the play areas is to the west side of the site and would be above street grade and not directly abut residential uses. The drop off areas would be on the east side. The rockery and landscaping would help reduce traffic noise. However, the landscaping plan submitted only depicts five dogwood trees and laurels. Staff recommends as a condition of approval that this five foot wide landscape strip contain additional trees and shrubs to produce a buffer which provides more a visual and noise barrier. Potential short-term noise and traffic impacts would result from the initial construction of the project to adjacent properties. The applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects within 300 feet of residential uses to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays and no work is permitted on Sundays. 4. Mitigation of impacts of the proposed site plan to the site; The scale, height and bulk of the three buildings are appropriate for the site. The front yard faces Bremerton Avenue NE. Pedestrian connections throughout the site would be provided. Play areas and private yards are dispersed among the buildings. The proposal is not expected to adversely impact the site. There are no significant natural or sensitive features on the property that would be impacted by the proposal. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). 5. Conservation of area -wide property values; The proposed mixed use development is expected to conserve and possibly increase property values in the vicinity of the site. The development of the vacant site provides improvements to infrastructure, landscaping and lighting to an underutilized site. 6. Safety and efficiency of vehicle and pedestrian circulation; The proposed development includes pedestrian linkages to building entrances, as well as sufficient driveway entrances and interior vehicle circulation and parking. The organization of the buildings and site elements provides for adequate separation of each circulation mode. saercrpt_Vision.doc City of Renton P181PW Department Administrative Site Plan & Environm, .jt Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 10 of 13 7. Provision of adequate light and air; The three proposed buildings would be sited on the property such that they would not likely block the sun or produce shadows on public areas or on adjacent properties. Exterior onsite lighting, including security and parking lot lighting, would be regulated by code. Compliance with this code (RMC 4-4-075) ensures that all building lights are directed onto the building or the ground and can not trespass beyond the property lines. Staff does not anticipate that exterior lighting would become an issue due to the siting of the buildings and the adjacent uses provided code requirements are met. 8. Mitigation of noise, odors and other harmful or unhealthy conditions; It is anticipated that the most significant noise, odor and other potentially harmful impacts would occur during the construction phase of the project. The applicant will be required to submit a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. prior to any construction/building permits being issued. The proposed development does not appear that it would not generate any harmful or unhealthy conditions. After project completion, vehicular traffic and residential activities may generate some additional noise; however these levels would be those normally associated with office, residential and daycare uses. 9. Availability of public services and facilities to accommodate the proposed use; and Fire Department and Police staff have indicated that the City's existing facilities and resources are adequate to accommodate the subject proposal, provided that the applicant pay the appropriate Fire Mitigation Fee. The City's Environmental Review Committee required the applicant to pay a Fire Mitigation Fee in the amount of $0.52 per square foot of new commercial building area and $388.00 per multi -family unit. In addition, the City's Public Works department has indicated there are sufficient utilities in the area to serve this development and that the existing street system is adequate for this type of project provided that code required improvements are made. Several of the required improvements include: extending the sewer main across the south part of the parcels; a new 10 inch looped water main connecting to the distribution main in Bremerton Ave. NE; providing compensatory storage for the fill area parcels; and various utility easements. Please refer to Advisory Notes for all code required improvements. 10. Prevention of neighborhood deterioration and blight. The proposal would result in the development of a mixed use facility with coordinated site improvements including landscaping, parking, signage and lighting. The facility would contribute to the neighborhood by developing an underutilized site and providing investment in the area. No deterioration or blight is expected to occur as a result of this proposal. XX I Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environmt .31 Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 11 of 13 D. Findings Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Environmental (SEPA) Review and Administrative Site Plan Approval for the Children's Village (Vision House) File No. LUA-03-037, ECF, SA -A and filling of adjacent site to site with cut material. 2. Environmental Review: The applicant's file containing the application, State Environmental Policy Act (SEPA) documentation, the comments from various City departments, the public notices requesting citizen comment and other pertinent documents was entered as Exhibit No. 1. 3. Site Plan Review: The applicant's site plan application complies with the requirements for information for site plan review provided all advisory notes and conditions of approval are complied with. The applicant's site plan and other project drawings are entered as Exhibits No. 2 through Exhibit No. 14. 4. Suburban Residential Overlay District Review: The project generally complies with the development standards of the Suburban Centers Residential Overlay District B, provided approval of the requested modification. 5. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan land use designation of Center Suburban (CS). 6. Zoning: The Site Plan as presented, generally complies with the zoning requirements and development standards of the Center Suburban (CS) zoning designation, provided all conditions of approval are satisfied. 7. Existing Land Use: Land uses surrounding the subject site include: multi -family residential - Windsor Place Apartments (CS) zoned property to the west, commercial to the south (CS) zoned property, single family residential to the east zoned (CS) and residential (Cherrywood Lane) to the north zoned (R-14). E. Conclusions 1. The subject proposal complies with the policies and codes of the City of Renton, provided all advisory notes and conditions of approval, if any, are complied with. 2. The proposal complies with the Comprehensive Plan designation of Center Suburban (CS); and the Zoning designation of Center Suburban (CS). 3. The proposal complies with the Residential Centers Demonstration Overlay District B subject to the approval of the requested modification to allow both enclosed and uncovered parking. F. Decision The Site Plan for the Children's Village - Vision House, File No. LUA-03-037, ECF, SA -A, is approved subject to the following conditions: 1. The applicant shall revise the landscape plan to install additional trees and shrubs of appropriate size and caliper within the five foot planting strip located along the east property line to create a visual and noise barrier. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to the issuance of building permits. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: SIGNATURES: lat Neil Watts, Development Services Director date saercrpt_Vision.doc City of Renton P/B/PW Department Administrative Site Plan & Environme..,al Review Committee Staff Report CHILDREN'S VILLAGE— VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 12 of 13 Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. A change in use of the land use, structure and/or building triggers parking requirements for the new use to be provided as specified in the Renton Municipal Code. 2. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 3. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Building 1. The applicant shall follow the 1997 Uniform Building Code. Fire Department 1. Separate plans and permits are required for the installation of fire alarm and sprinkler systems. Building C is required to be sprinklered by City Ordinance (three stories). 2. A Fire Department access road is required around the perimeter of the buildings. Roadway is a minimum 20 feet in width paved. The turning radius is 25 feet inside and 45 feet outside. Plan Review — Sanitary Sewer 1. If commercial food preparation facilities are proposed, then a grease trap or grease interceptor will be required. A separate plumbing permit will also be required. 2. Side sewer shall be a minimum 6-inch at 2% slope. 3. A sewer main extension, across the southerly part of the parcels will be required. The sewer main shall extend up to the east property line. 4. Service to the buildings shall be in accordance to City of Renton requirements. 5. Existing septic systems shall be abandoned in accordance with King County Health. 6. Sewer System Development Charge in the amount of $0.106/sq.ft. of the property apply. This fee is payable with the construction permit. 7. This site is subject to Latecomer Agreement 9105. Assessment is estimated at $5,457.36. The fee is payable at time of issuance of a utility construction permit. 8. East Renton Interceptor Special Assessment District (SAD) fees will be required. Fees are $0.069 per square -foot of the property plus interest. Plan Review — Water 1. Water System Development Charge in the amount of $0.154/sq.ft. of property apply. This fee is payable with the construction permit. 2. The site is subject to Latecomer Agreement 9104. Assessment is estimated at $5,170.34. This fee is payable at time of issuance of utility construction permit. 3. Preliminary fire flow is 3,500 gpm. Minimum of two additional fire hydrants are required and shall be served by a new 10 inch main, which loops around the buildings and reconnects back into a distribution main in Bremerton Ave NE. The new water main shall also be stubbed to the east property line for future extensions. An easement for the water main and fire hydrants will be required. Existing hydrants will be required to be retrofitted with Storz "quick disconnect" fittings. 4. Separate water meters for each building are required. 5. A separate utility permit and separate plans will be required for the installation of the double detector check valve assembly for fire sprinkler systems. A separate DDCVA is required for each building requiring fire sprinklers. 6. Devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Civil plans shall note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". If a backflow device is to be installed inside the building, applicant shall submit a copy of the mechanical plan showing location and installation of the device as part of the utility plan submittal 7. Buildings that exceed 30 feet in height will require a backflow device to be installed on domestic water meters. saercrpt Vision.doc City of Renton PIBIPW Department Administrative Site Plan & Environmt .j1 Review Committee Staff Report CHILDREN'S VILLAGE — VISION HOUSE LUA-03-037, ECF, SA -A REPORT AND DECISION OF NOVEMBER 4, 2003 Page 13 of 13 Plan Review — Surface Water 1. Surface Water System Development Charge in the amount of $0.183/sq.ft. of new impervious area apply. This fee is payable with the construction permit. 2. A drainage report per the 1998 KCSWDM has been submitted and reviewed. Applicant is proposing a detention vault for water quality/flow control. 3. The applicant shall be required to provide compensatory storage for upstream runoff normally stored in the property (fill area), which shall be designed to accommodate the 100-year flood event. 4. Applicant will be required to submit separate structural plans for review and approval under a building permit for proposed detention vault. Special inspection from the building department is required. 5. Private easement for storm water conveyance system across south parcels will be required prior to issuance of the utility construction permit. 6. Private easement for detention/water quality vault encroaching into the south parcel will be required prior to issuance of the utility construction permit. Plan Review — Transportation 1. Off -site improvements including sidewalk, curb and gutter, street paving, storm and street lighting will be required along the frontage of the development with Bremerton Ave NE. (fronting parcels 102305-9066 & 102305-9065). 2. This project will be required to dedicate 25 feet of additional right-of-way to the City (parcels 102305-9066 & 102305-9065) to meet standard right of way width of 50 feet. 3. Dedication of 25 feet additional right-of-way is also required fronting Bremerton Ave. NE and parcels, 102305- 9054 and 102305-9068. 4. Off -site improvements including sidewalk, curb and gutter, street paving, storm and street lighting will be required along the frontage of the development with Bremerton Ave NE. (fronting parcels 102305-9054 & 102305-9068). The applicant requested a code modification for installation of these improvements which has been approved. Plan Review — General 1. All plans shall conform to the Renton Drafting Standards. 2. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 3. Separate permits for water meters and backflow device are required. When plans are complete two copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. TRANSMITTED this id' day of November, 2003 to the owner, applicant and contact: Vision House (owner) P.O. Box 2951 Renton, WA 98056 Dale Sweeney of Steven P. Elkins Architects (applicant/contact) 2630 116`h Ave. NE # 200 Bellevue, WA 98004 TRANSMITTED this 10t' day of November, 2003 to the following parties of record: Thomas Foster of Seattle Mortgage 6450 Southcenter Blvd., Suite #106 Seattle, WA 98188 Annette Hayden 20548 SE 159`h St. Renton, WA 98059 Paul 011estad of Conner Homes 846 1081h Ave NE Bellevue, WA 98004 Coral Deluna 4605 NE 5" PL Renton, WA 98059 TRANSMITTED loth day of November, 2003 to the following: Jennifer Henning, Development Planning Larry Meckling, Building Official L. Rude, Fire Prevention Gregg Zimmerman, PBPW Administrator Lawrence J. Warren, City Attorney South County Journal Jerry & Eunice Montgomery 4526 NE 4`h St. Renton, WA 98059 Land Use Decision Appeal Process Appeals of the land use decision must be filed in writing on or before 5:00 PM November 24, 2003. If no appeals are filed by this date, the action will become final. Appeals must be filed in w tier with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady 'on, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 2 tional information regarding the appeal process may be obtained from the Renton City Clerk's Offic ' -6510. saercrpt_Visioi CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact..... Subject: Economic Development, Neighborhoods and Strategic Planning Dept./Strategic Planning Division Don Erickson, x6581 ZONING HEARING AND ANNEXATION EFFECTUATION Al #: la1 + For Agenda of. June 6, 2005 Agenda Status Consent .............. X Public Hearing.. X Correspondence. Ordinance ............. X Resolution ............ Wedgewood Lane Annexation — Second public hearing Old Business........ on zoning and effectuation of the annexation by first reading of annexation ordinance and R-4 zoning ordinance. Exhibits: New Business....... Study Sessions...... Issue Paper with Ordinances, Boundary Review Board Information......... Closing Letter, Council Minutes of March 14, 2005 Recommended Action: Council concur Approvals: Legal Dept......... 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: Council accepted the 60% Direct Petition to annex for this 35.68-acre annexation site located east of 144th Avenue SE/Jericho Avenue NE, if extended, and west of 1481h Avenue SE/Nile Avenue NE, on March 14, 2005. It also authorized staff to forward the Notice of Intention package to the Boundary Review Board and prepare zoning and annexation ordinances. The BRB forwarded its Closing Letter to the City on May 20, 2005 approving the annexation subject to statutory requirements and procedures being met. STAFF RECOMMENDATION: Council set June 20, 2005 for a second public hearing on the proposed R-4 zoning for the Wedgewood Lane Annexation and first reading, if it so chooses, of the annexation and zoning ordinances for this annexation. Johnson 60% Petition Agenda Bill/ bh CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: May 25, 2005 TO: Terri Briere, Council President Councilmembers VIA: ul-) Mayor KathyKeolker-Wheeler FROM: Alex Pietsch V\O STAFF CONTACT: Don Erickson, x6581 SUBJECT: Wedgewood Lane Annexation Effectuation and Zoning Ordinance ISSUE: Whether the City Council should adopt an ordinance effectuating the annexation of the 35.68- acre Wedgewood Lane Annexation site into the City now that the Boundary Review Board for King County has approved it; and Whether the City Council should adopt an ordinance zoning the non -street portions of the subject 35.68-acre annexation site R-4 consistent with the current Comprehensive Plan Land Use Map designation of Residential Low Density for this area? RECOMMENDATION: Adopt an ordinance effectuating the annexation of the 35.68-acre Wedgewood Lane Annexation site; and • Adopt an ordinance rezoning the non -street portions of the Wedgewood Lane Annexation site R-4, four units per net acre. BACKGROUND SUMMARY: The applicant submitted for this expanded annexation area on October 18, 2004 with a 10% Notice of Intention to Commence Annexation Proceedings petition. Council considered this request on December 6, 2004, and authorized the petitioners to circulate a 60% Direct Petition to annex. On January 18, 2005, the City received the Direct Petition and on February 4, 2004, the King County Department of Assessments notified the City that they had certified that there were sufficient signatures on the petition to represent 60% of the area's assessed value. Wedgewood Lane Annexation May 25, 2005 Page 2 On March 14, 2005, Council accepted the 60% Direct Petition to annex for the Wedgewood Lane Annexation and authorized the Administration to transmit the Notice of Intent package to the Boundary Review Board for their required 45-day review and evaluation. The Boundary Review Board notified the City that they had approved the proposed annexation effective May 17, 2005. Staff conducted a fiscal analysis for this site and determined that at full development (assuming 89 new homes), there would be an annual net positive impact to the City of approximately $30,903, in today's dollars. A one-time future park acquisition and development cost attributable to development of the site was estimated at $74,030, based upon an estimated future population of 285 residents. CONCLUSION: With the exception of the second required public hearing on the proposed R-4 zoning for the expanded Wedgewood Lane Annexation and its effectuation through the adoption of annexation and zoning ordinances, all the specified requirements under state law (RCW 35.A.14.120-130, Annexation — Direct petition method) will have been met. The 35.86-acre Wedgewood Lane Annexation appears to be in the City's best interest and general welfare since it furthers City business goals, has been approved by the Washington State Boundary Review Board for King County, and is generally consistent with City annexation policies. Attachments EDNSP/Strategic Planning/PAA/Johnson/Effectuation Issue Paper.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (WEDGEWOOD LANE ANNEXATION; FILE NO. A-04-005) WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about January 18, 2005; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume their fair share of the pre-existing outstanding indebtedness of the City of Renton as it pertains to the territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified on or about February 4, 2005 the signatures on the petition for annexation and determined signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and 1 ORDINANCE NO. WHEREAS, the Economic Development, Neighborhoods and Strategic Planning Department of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and WHEREAS, the City Council fixed March 14, 2005, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices, public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of May 17, 2005; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of 2 ORDINANCE NO. Renton, and such annexation to be effective on and after the approval, passage, and publication of this Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibits "A" and "B" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 35.68 acres in area, is generally located east of 144th Avenue SE/Jericho Avenue NE, if extended, and west of 148th Avenue/Nile Avenue NE, north of SE 1171h Street, and west of Honey Creek, south of SE 1170' Street, if extende] and the owners of the property within the annexation shall assume their fair share of the outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. 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 King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk tt ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1133:10/8/04:ma 4 Kathy Keolker-Wheeler, Mayor Exhibit A 0 _ P o �® a� I� ■ V „ ..—Sf 1, h d t 8 M _ O Y '`NZ•5` � Q LJ rC"�St N x a `hL �"�I�7) LJ -• Z as ❑ a ..� rJ7 Ott>. _ EEJ T- ❑ £ 0XT ; G' a � l3 a o � Cl I' Q 13 T, p [� �JRIO o D [} p Thls document is o to �y occur«y, based the best information maphic r7les Cation, not guaranteed trnded for ety W Qoxa only and owHOWe a of the dote sho.n. O This mop is for display purposes only. Wedgewood Lane Annexation 0 400 goo f=igure 3: Existing Structure Map 1 : 4800 SY O1 �� Economic Development, Neighborhoods & Strategic Planning Existing Structure ♦ :� ♦ Alex Pietsch, Administrator - a -- Renton City Limits G. Del Rosario Note: Annexation boundary may differ from diagram. INTO 8 October 2004 Please see legal description for actual boundary. Proposed Annexation Area Exhibit B WEDGEWOOD LANE ANNEXATION LEGAL DESCRIPTION That portion of the east half (1/2) of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington, lying southerly of the south line of the plat of Honey Creek Estates, as recorded in Volume 63 of Plats, Pages 30 and 31, records of King County, Washington, and the westerly and easterly extensions thereof, and lying northerly of the north line of the south 990 feet of said Northeast quarter of Section 10; EXCEPT the east 30 feet thereof for County Road (148`h Avenue SE); TOGETHER WITH Lot C of King County Boundary Line Adjustment No. L04L0055, as recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording No. 20041223900001, in the east half (1/2) of said Section 10. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL, 4DU PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER ACRE) (WEDGEWOOD LANE ANNEXATION, FILE NO. A-04-005). WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, said property owners petitioned the City of Renton for annexation and concurrent rezoning, which said annexation having previously been approved and the property annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing being held on March 14, 2005, and the second hearing being held on June 20, 2005; and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-4 as hereinbelow specified. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is 1 ORDINANCE NO. hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence said rezoning, to wit: See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 34.65 acres in area, is generally located east of 144"' Avenue SE/Jericho Avenue NE, if extended, and west of 148' Avenue/Nile Avenue NE, north of SE 1171h Street, and west of Honey Creek, south of SE 1171h Street, if extended.] SECTION II. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1 134:10/8/04:ma 2 day of , 2005. Bonnie I. Walton, City Clerk day of Kathy Keolker-Wheeler, Mayor 2005. ❑�G7 o Qs_ P IvMEMMI 0 ° L5 4 WAn Da Exhibit A _^JQ a o 1 L _L a g, > m d} Q 13 Q I 10' n y 13 a i s ' CD Yt U Qq — p❑ Wedgewood Lane Annexation =figure 3: Existing Structure Map o iE- Thb document E. o yraphlc reprer full-, net guar -teed B to survey xwrueY, ntmded for ty puryaaes oidy d based - the belt tnfor .H- oXV' os of the date ah_. Thb map is for disploy purposes ordy. 0 400 800 1 : 4800 US�Y 0" Economic Development, Neighborhoods & Strategic Planning Existing Structure ♦ ♦ Alex Pietsch, Administrator G. Del Rosario Note: Annexation boundary may differ from diagram- _ Renton City Limits1'NT� 8 October 2004 Please see legal descnplion for actual boundary. ( I Proposed Annexation Area Exhibit B WEDGEWOOD LANE PREZONE LEGAL DESCRIPTION That portion of the east half (1/2) of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington, lying southerly of the south line of the plat of Honey Creek Estates, as recorded in Volume 63 of Plats, Pages 30 and 31, records of King County, Washington, and the westerly and easterly extensions thereof, and lying northerly of the north line of the south 990 feet of said Northeast quarter of Section 10; EXCEPT the east 30 feet thereof for County Road (1481h Avenue SE); TOGETHER WITH Lot C of King County Boundary Line Adjustment No. L04L0055, as recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording No. 20041223900001, in the east half (1/2) of said Section 10; EXCEPT streets. Washington State Boundary Review Board For King County Yesler Building, Room 402, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296-6800 • Fax: (206) 296-6803 • http://ww �2arCexdtions; May 17, 2005 City of Renton Attn: Don Erickson, AICP Senior Planner 1055 South Grady Way Renton, WA 98055 MAY 1 8 2005 r CO' 14ND S RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2193 - City of Renton- Wedgewood Annexation Dear Mr. Erickson: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above -referenced proposed action (filed with the Board effective: April 1, 2005. The Boundary Review Board also provided a 45-day public review period April 1 - May 16, 2005, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective May 17, 2005. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, May 17, 2005 Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Michael Thomas, Bank of America Tower, King County Office of Management and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, Lenora Blauman Executive Secretary cc: Anne Noris, Clerk of the Council Bill Huennekens Records and Elections Division Debra Clark, Department of Assessment Lydia Reynolds -Jones, Manager, Project Support Services King County "911" Program Paul Reitenbach, Department of Development & Environmental Services Michael Thomas, Office of Management and Budget Cl )� I �0 F ' 1. the Undersigned ?.;ity Clerk of the City of Renton, Washington, certify that this is a true and correct copy of RENTON CITY COUNCIL �' � LMLe %*m%,14-P6 Subscribed Special Meeting and scaled this d9nay of_MqrcA , 2005- March 14, 2005 f tt'(ourit�il Chambers Monday, 6:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE, Council President; MARCIE PALMER; DON PERSSON; COUNCILMEMBERS RANDY CORMAN; DAN CLAWSON; DENIS LAW. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TONI NELSON. CARRIED. EXECUTIVE SESSION MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 30 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING RECONVENE AT 7:30 P.M. CARRIED. Time: 6:31 p.m. Executive session was conducted. There was no action taken. The executive session adjourned at 6:55 p.m. ROLL CALL OF The meeting was reconvened at 7:30 p.m.; roll was called; all Councilmembers COUNCILMEMBERS present except Nelson, previously excused. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIIVIMERMAN, Planning/Building/Public Works Administrator; RON STRAKA, Utility Engineering Supervisor; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. SPECIAL PRESENTATION Dennis Clark, Public Outreach/Stewardship Coordinator with the ESA: WRIA 9 Draft Salmon Green/Duwamish and Central Puget Sound Watershed Water Resource Habitat Plan Inventory Area (WRIA) 9, reported on the draft WRIA 9 Salmon Habitat Plan. Mr. Clark explained that salmon recovery is in the hands of local people, and that the Puget Sound area is divided into 14 watersheds - of which Renton is within two (WRIA 8 and WRIA 9). He noted that the two watershed areas are densely populated, *containing one-third of the State's population. Mr. Clark pointed out that habitat is a key factor in the decline of salmon, and local people have a significant role in addressing water quality, riparian vegetation, and land use issues. He stated that the WRIA 9 draft plan focuses on meeting the habitat needs of salmon across the watershed. It is a long-term plan that does the following: uses an ecosystem approach with focus on Chinook salmon needs, is based on extensive scientific assessment, lists the most valuable on -the -ground projects to protect and restore habitat, lists programs and policies, and relies on adaptive management over the long term. Continuing, Mr. Clark noted some of the concerns encountered in the Lower Green River portion of the watershed, including reduced water quantity, removal of riparian vegetation, degradation and filling of wetlands, and degraded water quality. Mr. Clark reviewed the focus of the plan, the differences and similarities between the WRIA 8 and WRIA 9 plans, and the implementation of the plans. March 14, 2005 Renton City Council Minutes Page 81 In conclusion, Mr. Clark stated that March 10th through April 25th is the 45- day comment period for the WRIA 9 Salmon Habitat Plan. An open house and public meeting will be held at Renton City Hall on March 22nd. In regards to the plan review steps, he explained that the Steering Committee will review the comments from March through June, a forum of local governments will review the plan from July through September, and the final plan will be submitted to the City for review and possible adoption in late 2005. Jay Covington, Chief Administrative Officer, thanked Mr. Clark for his presentation and stated that City staff is reviewing the plan. lie also praised City staff for their hard work on the development of the watershed plans. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Wedgewood accordance with local and State laws, Mayor Keolker-Wheeler opened the Lane, 144th Ave SE & 148th public hearing to consider the 60% Notice of Intent to annex petition and R-4 Ave SE zoning for the proposed Wedgewood Lane Revised Annexation, which consists of 35.68 acres and abuts Renton on its western boundary. The site is bounded on the north by SE 114th St., if extended; on the south by approximately SE 121st St., if extended; and on the east - south of SE 117th St. by Honey Creek and north of SE 117th St. by 148th Ave. SE. Don Erickson, Senior Planner, noted that Council considered the revised 10% Notice of Intent to annex petition on 12/6/2004, and authorized expansion of the annexation boundaries by adding another five properties to the north. Mr. Erickson said the site currently contains 25 single-family houses, and slopes down from the northwest and northeast corners towards Honey Creek. Wetlands exist near the southern and eastern edges of the site, and he noted that the developers understand the sensitivity of the Honey Creek area. In regards to the public services, Mr. Erickson stated that Fire District #10, Water District #90, Renton sewer, and the Issaquah School District serve the area. Continuing, Mr. Erickson reported that the annexation area is currently zoned R-4 (four dwelling units per gross acre) under King County, and Renton's Comprehensive Plan designates the area as Residential Low Density, for which R-4 (four dwellings per net acre) zoning is proposed. He stated that the fiscal impact analysis indicates a surplus of $30,902 at full development, and there is an estimated one-time parks acquisition and development cost of $74,030. Mr. Erickson concluded that the annexation proposal is consistent with City policies and furthers City business goals. Ile noted the potential of flooding in the area, .and suggested mitigation when development occurs. In response to Councilman Persson's inquiry, Mr. Erickson confirmed that the City will provide the fire service if the area is annexed. Public comment was invited. There being none, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL: ACCEPT THE WEDGEWOOD LANE 60% PETITION TO ANNEX, SUPPORT FUTURE R4 ZONING CONSISTENT WITH TIID COMPREHENSIVE PLAN'S RESIDENTIAL LOW DENSITY LAND USE DESIGNATION, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT TIID NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD AND PREPARE TIID RELEVANT ORDINANCES. CARRIED. March 14, 2005 Kenton City Council Minutes _ Page 82 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: The Specialized Recreation Winter Sports Banquet will be held at the Senior Activity Center on March 16th. This year's event is generously supported by a donation from The Soroptimist International of Renton. In response to the Governor's declaration of a statewide drought emergency due to expected low water supplies from low snow pack in the mountains, the City recommends that customers use water wisely. The City's water supply is not immediately impacted by the low snow pack because the supply comes from groundwater in the Cedar Valley Aquifer. However, the City recommends that customers try not to use more water than necessary, especially during summer months when water use can double that in winter months. AJLS: Remembering Former Mayor Keolker-Wheeler expressed sadness at the loss of former Mayor Barbara Mayor Barbara Shinpoch Shinpoch who passed away on March 9th. Ms. Shinpoch served as Renton's Mayor from 1980 through 1987. Mayor Keolker-Wheeler relayed that Ms. Shinpoch did not want memorial services, but that anyone who was interested could contribute to the Renton Salvation Army Food Bank and the Renton Historical Society. Mayor Keolker-Wheeler stated that Ms. Shinpoch will be missed by everyone who knew her, and pointed out that she was a mentor and a friend to her and a stellar example of a good leader. AUDIENCE COMMENT Nora Schultz, 540 Williams Ave. N., #12, Renton, 98055, spoke on the topic of Citizen Comment: Schultz - her Title IV docket item concerning the R-10 zone amendment to allow Development Regulations attached townhouses or flats on pre-existing lots. She indicated that the density (Title IV) Docket, R-10 Zone calculation overrides the zoning of her property on Wells Ave. N., on which she Amendment Request wants to build a duplex. Ms. Schultz expressed disappointment with the staff recommendation to take no action and instead address the issue through the Cedar River Master Plan for 2005/2006, which means that she may be able to obtain a building permit in 2008. Noting that it seems as though the amendment will eventually occur anyway, Ms. Schultz asked Council to expedite the process so she can build on her property sooner rather than later. Councihnan Clawson acknowledged Ms. Schultz's concern, but pointed out that careful consideration is necessary when making zoning changes. CONSENT AGENDA Items on the consefit agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of March 7, 2005. Council concur. March 7, 2005 Development Services: Development Services Division recommended acceptance of a deed of Oakesdale Commerce Center- dedication for a 40-foot-wide strip of land known as Tract E on the west side of West Binding Site Plan ROW Springbrook Creek to fulfill a requirement of the Oakesdale Commerce Center - Dedication, Springbrook Creek West Binding Site Plan (LUA-03-089). The land will be used for the development of a trail and open space system. Council concur. Development Services: Trench Development Services Division recommended approval of an ordinance that Restoration & Street Overlay revises the trench restoration and street overlay requirements. Refer to Requirements Transportation (Aviation) Committee. March 14, 2005 Renton City Council Minutes Page 84 UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 235347 - 235730 and two wire transfers totaling Finance: Vouchers $3,576,567.39; and approval of Payroll Vouchers 56119 - 56348, one wire transfer, and 571 direct deposits totaling $1,821,204.14. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Lease: Engenio Information Finance Committee Chair Persson presented a report recommending Technologies, 200 Mill Bldg concurrence in the staff recommendation to approve the amendment to the lease (3rd Floor), LAG-00-002 with Engenio Information Technologies, Inc. for Suite 300 on the 3rd floor of the 200 Mill Building. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease amendment. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Clawson presented a report Committee regarding the City Code Title IV (Development Regulations) Docket and Planning: Development related amendments. The Committee recommended concurrence in the staff Regulations (Title IV) 2004 recommendation for the following items: Docket & Amendments Title IV, Chapter 1: Housekeeping Changes • Title IV, Chapter 1: Sureties and Bonds (4-1-230) • Title IV, Chapters 2 and 7: Minimum Lot Size and Maximum Density • Title IV, Chapters 2 and 4: Green River Valley Landscaping • Title IV, Chapter 8: Appeal Process - Growth Management Hearings Board • Title IV, Chapters 8 and 9: Permit and State Environmental Policy Act Process for Nonproject Actions The Committee further recommended that school impact fee code reorganization amendments be approved in concept, but that ordinance preparation be deferred until the Finance Committee considers the Issaquah School District impact fee amount. The Committee further recommended that the R-10 zone not be amended to allow attached townhouses or flats on pre-existing lots. The Committee recommended that the issue of appropriate zoning and unit types for duplex and townhouses uses be addressed through the Cedar River Sub -Area Plat process in a separate work program. The Committee further recommended concurrence in the staff recommendation to deny requested amendments to the binding site plan amendment proposal and support: 1) allowances for condominiums, and 2) revisions to the planned unit development (PUD) regulations (4-9-150). The Committee further recommended concurrence in the staff recommendation for the PUD amendments and to require consistency with Ordinance 5124 regarding nonresidential open space standards. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board.. Finance & IS Department Staff Contact...... Michael R. Wilson, Interim Finance & IS Administrator Carry Forward Budget Amendment Ordinance Issue Paper Ordinance Refer to Finance Committee 'expenditure Required... $ ,mount Budgeted.......... $177,3 86,415 (2005 Amended Budget) Iotal Project Budget June 6, 2005 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance............ X Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Legal Dept......... Finance Dept...... Other ............... Transfer/Amendment....... Revenue Generated......... Citv Share Total Prniert Staff presents an Ordinance to authorize carry forward requests and additional appropriations totaling $24,654,915. These appropriation adjustments will result in the 2005 Annual Budget being increased from $152,731,500 to $177,386,415. STAFF RECOMMENDATION: Recommend Council adoption of the Carry Forward Budget Amendment Ordinance. H:\FINANCE\ADMINSUP\01_AgendaBills\2005_Carryforward Agenda Bil.doc �Y FINANCE AND INFORMATION SERVICES DEPARTMENT M E M O R A N D U M DATE: May 25, 2005 TO: Terri Briere, Council President City Councilmembers CC: Kathy Keolker-Wheeler, Mayor i FROM: Michael R. Wilson, Interim Finance/IS Ad i i 4rof--� SUBJECT: Amendment to the 2005 Annual Budget - Carry Forward Ordinance ISSUE: Attached is the "Carry Forward Ordinance" which proposes amendments to the City of Renton's 2005 Annual Budget (Ordinance No. 5110) resulting in increases to sixteen City Funds. The requested adjust-ments to the Annual Budget totals $24,654,915. This Ordinance represents the carry forward requests from all City Departments in addition to amending four other Funds. If approved, the 2005 Annual Budget will increase from $152,731,500 to $177,386,415. RECOMMENDATION: Staff recommends that the City Council adopt this Ordinance to amend the 2005 Annual Budget Ordinance. BACKGROUND: At the end of 2004, all Department Administrators reviewed their final spending programs to determine if all financial obligations had been met. Departments encountered situations where payment of invoices were delayed, some projects were deferred due to weather conditions, and some capital programs experienced construction interruptions resulting in not all appropriated funds in 2004 being expended by the end of the fiscal year. In these cases, Departments requested certain funds be carried forward from the 2004 Annual Budget to this fiscal year with the 2005 Budget appropriations being adjusted accordingly. All of the capital program requests in this Ordinance represent the continuation of funding for 2004 financial obligations. In addition to funding the carry forward capital projects, this Ordinance amends the 2005 Annual Budget to include $400,000 in funding for the Clean Sweep Renton program; $90,000 to fund a water, wastewater and stormwater utility rate study; $132,000 for the replacement of defibrillator equipment; transfer of $2,828,791 of General Governmental fund balances into an economic development capital reserve account within the Municipal Facilities Capital Improvement Fund to be used for future capital projects; and an increase in the staffing level within the Police Department's budget from 132.2 full time employees (FTEs) to 134.2 FTEs in order to permit the Department to fill vacancies created as a result of two law enforcement staff being assigned to other public agencies on a temporary basis through contract arrangements with those agencies. The positions are fully reimbursed through the contracts. Attachment A is a spreadsheet that summarizes and totals the requests by fund and is organized by fund type. Attachment B provides a detailed description of all requested changes to the 2005 Annual Budget. Attach-ment C illustrates the remaining fund balances after these carry forward requests have been approved. MRW/dlf Attachments, as stated cc: Jay Covington, CAO Derek Todd, Assistant to the CAO Bonnie Walton, City Clerk Linda Parks, Fiscal Services Director Department Administrator 1l:\FINANCF\ADMINSUP\02 IssuePapers memos to Council or Mayor\2005 Carryforward Issue Memo.doc llo � _NT FIRE DEPARTMENT M E M O R A N D U M DATE: February 11, 2005 TO: Lawrence A. Rude, Deputy Chief - Administration/Support Services FROM: Brian McGee, EMS Lieutenant — Training/Support Services Division VIA: Mike Moeller, Battalion Chief - Training/Support Services Division SUBJECT: Defibrillator Cost The cost of providing defibrillators, eleven to our first line apparatus, plus two additional defibrillators (one in the Training office, and an extra at Station 11), their accessories, and the annual maintenance agreement, comes to a total figure of. $131,764.83. Enclosed is an itemized bid from Medtronic. One item to note regarding bid: 1) Line 14 - The maintenance agreement (first year included in bid) is $925.00 x 13 machines for a total of $12,025.00 + sales tax. The current Fire Department budget for defibrillator contract maintenance is $7915.00. In 2006, this will need to be increased by $4,110.00, to offset the higher cost. Two items in the bid that will enhance our training and service delivery: 1) Line 1 - Two extra defibrillators, for a total of thirteen - They will prevent down time between a machine needing service and the delivery of a loaner from Physio-Control. It will also allow the Training Division to have its own defibrillator for the purpose of training. Cost of two extra defibrillators: $7,796.24 X 2 = $15,592.48 + sales tax 2) Line 13 - Code-Stat Suite: System View - This software package allows the download of a cardiac event into a computer for playback and analysis. There is no better quality control method, than for an EMT to review their performance with the Training Officer, after using the Lifepak-12 in a cardiac event. This software allows both voice and data to be reviewed as it happened. Code-Stat Suite: System View software: $1,349.00 + sales tax Lawrence A. Rude, Deputy Chief — Administration/Support Services Defibrillator Cost February 11, 2005 Page 2 Two additional needs: 1) A laptop computer, purchased through City Information Services (IS) Division, would be purchased for $1,500.00. The benefits of a laptop dedicated for this function include: a. King County EMS recommends that the download setup be limited to one computer. b. Using a laptop allows collection of data at multiple locations while the apparatus stays in- service and inside their response area. c. Download information would be centralized to one computer that would be controlled by the EMS Lieutenant, for the purpose of review and training of CPR events. d. This option will also greatly limit the number of personnel needing access to a secure system. e. If this first option is not selected, we would need to purchase the download software for each station at a cost of $1,472.00 + sales tax per station, for a total of $7360 + sales tax. This option would also require an increased involvement from IS. 2) Initial IS support will be needed to allow us to download events to King County Emergency Medical Services. FINANCE & INFORMATION SERVICES DEPARTMENT TO: Garry Anderson, Police Chief FROM: Michael R. Wilson, Interim Finance/IS Admi i t CC: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer Michael Webby, Human Resources Administrator SUBJECT: Back -fill Positions DATE: May 27, 2005 Issue: The Police Department is in need of filling three existing positions that have been left vacant due to military commitments and temporary assignment of duty to the Washington State Criminal Justice Training Commission and the Immigration/Customs Enforcement Task Force. The issue that needs to be addressed is whether the Police Chief can back fill three existing positions left vacant due to military and other temporary assignments. Background: As I understand from our discussion and my further examination of this issue, it appears that the current assignment of law enforcement personnel to military duty and other agencies has left three "active" positions vacant within the Police Department resulting in the need to obtain authorization to back fill these positions. There are currently 132.2 full time employees (FTEs) budgeted in the 2005 Budget with these temporary vacancies leaving the Police Department with only 129.2 positions filled with "active" employees. There is one detective position assigned to military duty making him unavailable for departmental work assignments for a minimum of 18-months. In addition, there are two other positions placed on temporary assignments with other public agencies with these agencies reimbursing the City of Renton for their services. Compounding this issue has been the City Council's discussion and consideration of potentially authorizing additional "overtime" resources to fund enhanced traffic enforcement programs. Recommendation: As a result, it is my recommendation that the Police Department be granted authorization by the Mayor or Chief Administrative Officer to back fill these three positions, provided the Department does not exceed the 2005 Police Department Budget or exceed filling more than the 132.2 FTEs identified within your Budget. In order to equitably resolve this issue for budgetary purposes, we need to come to terms as to what we mean by "active" and "inactive" employees. The issue of a staff member who has Garry Anderson memo May 23, 2005 Page two been placed on military assignment seems to be a relatively straightforward. While this staff member is still considered an "active" employee for City payroll purposes (he is collecting benefits for his dependents while on military duty), he should be considered an "inactive" position for budgetary and programming purposes since he is not performing law enforcement work for your Department. As a result, this position should be able to be filled without the need to increase the Department's authorized number of FTEs. The issue regarding the two other positions assigned to the Training Commission and Taskforce is clearly different than the former issue since the City is paying the salary and benefits with the City being reimbursed by these contracting agencies. Even though I would still recommend that the Police Chief be allowed to fill these two positions since they are not performing "active" service directly for the Police Department, I would suggest that these "contract service" positions be budgeted. Although these two positions are on temporary assignment and not performing active duty for the Police Department, the City is paying their salaries and benefits; therefore, these positions would need to be budgeted in order to cover all associated personnel costs. These budgeted positions should be identified within the Police Department's budget as a "special assignment program" where the positions would only be authorized to exist for the length of the special assignment contract. The back filling of the three vacant positions will provide the Department with enhanced staffing to address some of the traffic enforcement issues raised by the Council, plus minimize the pressure to use additional overtime resources. The Police Department does have sufficient funds within their 2005 Budget to cover the back filling of these positions without requiring a budget amendment. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 5110 RELATING TO THE CITY OF RENTON FISCAL YEAR 2005 ANNUAL BUDGET. WHEREAS, the City Council passed the City of Renton's 2005 Annual Budget Ordinance (Ordinance No. 5110) on December 20, 2004; and WHEREAS, appropriated funds not expended in 2004 due to capital project interruptions and delays in invoice payments, need to be carried forward into this fiscal year resulting in the need to amend the City of Renton's 2005 Annual Budget; and WHEREAS, it is a priority of the City to appropriate $400,000 of funds into the Solid Waste Utility Fund (Fund 403) for the "Clean Sweep Renton" program, which includes funding the "Reuse It" program, Neighborhood Association Cleanup event, and associated public education and outreach campaign; and WHEREAS, it is a priority of the City to allocate $132,000 of funds into the Municipal Facilities Capital Improvement Fund (Fund 316) for the replacement of the entire current inventory of defibrillator equipment which is at the end of its useful life; and WHEREAS, the City needs to allocate $90,000 into the Waterworks Utility Fund (Fund 401) to fund the examination of the rate structure for the water, sewer and stormwater utilities by conducting a comprehensive utility rate study; and WHEREAS, the Police Department is in need of filling existing enforcement positions that have been left vacant due to military commitments and temporary assignment of duty to the Washington State Criminal Justice Training Commission and Immigration/Customs Enforcement Task Force; ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5110 establishing the City of Renton's 2005 Annual Budget is hereby amended as follows: 1. The General Fund (Fund 000) is hereby amended to reflect the following appropriation amendments: GENERAL FUND (Fund 000) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 0 1,901,416 1,901,416 Revenues 0 1,901,416 1,901,416 EXPENDITURES Transfer Out to Fund 316 0 1,901,416 1,901,416 Expenditures 0 1,901,416 1,901,416 The staffing level of the Police Department budget within the General Fund shall be increased from 132.2 full time employees (FTEs) to 134.2 FTEs in order to accommodate and permit the Department to fill vacancies created as a result of two law enforcement staff being assigned to other public agencies on a temporary basis through contract arrangements with those agencies. 2. The Parks Fund (Fund 101) is hereby amended to reflect the following appropriation amendments: PARK FUND (Fund 101) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 0 116,187 116,187 Revenues 0 116,187 116,187 EXPENDITURES Community Services - Pest Mgmt. Program 94,300 125,700 31,400 Transfer Out to Fund 316 0 84,787 84,787 Expenditures 94,300 210,487 116,187 4 ORDINANCE NO. 3. The Street Fund (Fund 103) is hereby amended to reflect the following appropriation amendments: STREET FUND (Fund 103) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Use of Prior Year Revenue 0 322,576 Revenues 0 322,576 Out to Fund 316 0 322,576 322,576 Expenditures 0 322,576 322,576 4. The Community Services Block Grant Fund (Fund 104) is hereby amended to reflect the following appropriation amendments: COMMUNITY SERVICES BLOCK GRANT FUND (Fund 104) FY 2005 Original Amended [REVENUES 2005 Budget 2005 Budget Change Jse of Prior Year Revenue 0 23,700 23,700 Revenues 0 23,700 23,700 EXPENDITURES �apitalImprovement 0 23,700 23,700 Expenditures 0 23,700 23,700 5. The Library Fund (Fund 106) is hereby amended to reflect the following appropriation amendments: of Prior Year Revenue Revenues Out to Fund 316 Expenditures LIBRARY FUND (Fund 106) FY 2005 Original Amended 2005 Budget 2005 Budget 0 520,012 0 520,012 520,012 0 520,012 520,012 0 520,012 520,012 ORDINANCE NO. 6. The 1% for Art Fund (Fund 125) is hereby amended to reflect the following appropriation amendments: 1% FOR ART FUND (Fund 125) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 50,000 90,000 40,000 Revenues 50,000 90,000 40,000 EXPENDITURES Community Services Henry Moses Aquatic Center Art 0 40,000 40,000 Expenditures 0 40,000 40,000 7. The Garage Capital Improvement Project Fund (Fund 301) is hereby amended to reflect the following appropriation amendments: GARAGE CAPITAL IMPROVEMENT PROJECT FUND (Fund 301) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget C Use of Prior Year Revenue 0 53,300 5 Revenues 0 53,300 5 nunity Services Police Substation, Municipal Garage 0 53,300 5 Expenditures 0 53,300 5 8. The Leased City Properties Fund (Fund 306) is hereby amended to reflect the following appropriation amendments: LEASED CITY PROPERTIES FUND (Fund 306) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 0 100,000 100,000 Revenues 0 100,000 100,000 EXPENDITURES Community Services Chiller for 200 Mill Building 0 100,000 100,000 Expenditures 0 100,000 100,000 4 ORDINANCE NO. 9. The Municipal Facilities Capital Improvement Fund (Fund 316) is hereby amended to reflect the following appropriation amendments: MUNICIPAL FACILITIES CAPITAL IMPROVEMENT FUND (Fund 316) FY 2005 Original Amended IENUES 2005 Budget 2005 Budget ChanRe of Prior Year Revenue 1,386,500 5,193,200 3,806,700 isfer In — Fund 000 980,500 2,881,916 1,901,416 isfer In — Fund 101 0 84,787 84,787 isfer In — Fund 103 0 322,576 322,576 isfer In — Fund 106 0 520,012 520,012 Revenues 2,367,000 9,002,491 6,635,491 ent — Defibrillators 0 132,000 132,000 iic Development Capital Reserve 0 2,828,791 2,828,791 Improvement 1,509,000 5,183,700 3,674,700 Expenditures 1,509,000 8,144,491 6,635,491 10. The Waterworks Utility Fund (Fund 401) is hereby amended to reflect the following appropriation amendments: WATERWORKS UTILITY FUND (Fund 401) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 1,258,200 4,588,050 3,329,850 Revenues 1,258,200 4,588,050 3,329,850 anal Services - Utility Rate Study 0 90,000 90, Out to Fund 421 1,731,000 4,970,850 3,239, Expenditures 1,731,000 5,060,850 3,329, 11. The Solid Waste Utility Fund (Fund 402) is hereby amended to reflect the following appropriation amendments: E ORDINANCE NO. AIRPORT FUND (Fund 402) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 273,800 447,400 173,600 Revenues 273,800 447,400 173,600 EXPENDITURES Apron C Utility Improvements 0 173,600 173,600 Expenditures 0 173,600 173,600 12. The Solid Waste Utility Fund (Fund 403) is hereby amended to reflect the following appropriation amendments: SOLID WASTE UTILITY FUND (Fund 403) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Chan e Solid Waste Fees 8,614,300 8,777,800 163,500 Grant Revenue 80,600 213,900 133,300 Use of Prior Year Revenue 212,700 449,200 236,500 Revenues 8,907,600 9,440,900 533,300 EXPENDITURES Coordinated Prevention Grant 0 71,300 71,300 KC WR/R Grant Program 89,300 151,300 62,000 Clean Sweep Program 0 400,000 400,000 Expenditures 89,300 622,600 533,300 13. The Waterworks Utility Construction Fund (Fund 421) is hereby amended to reflect the following appropriation amendments: WATERWORKS UTILITY CONSTRUCTION FUND (Fund 421) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Jse of Prior Year Revenue 181,000 905,267 724,267 Transfer In from Fund 401 0 3,239,850 3,239,850 Transfer In from Fund 481 0 3,095,283 3,095,283 Revenues 181,000 7,240,400 7,059,400 EXPENDITURES -apitalImprovement1,509,000 8,568,400 7,059,400 Expenditures 1,509 000 8,568,400 7,059,400 no ORDINANCE NO. 14. The Municipal Golf Course System Capital Improvement Fund (Fund 424) is hereby amended to reflect the following appropriation amendments: MUNICIPAL GOLF COURSE SYSTEM CAPITAL IMPROVEMENT FUND (Fund 424) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 156,000 346,800 190,800 Transfer In from Fund 404 150,000 310,000 160,000 Revenues 306,000 656,800 350,800 EXPENDITURES Capital Improvement 310,000 660,800 350,800 Expenditures 310,000 660,800 350,800 15. The Waterworks Bond Fund (Fund 481) is hereby amended to reflect the following appropriation amendments: WATERWORKS BOND FUND (Fund 481) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget ChanRe Use of Prior Year Revenue 0 3,095,283 3,095,283 Revenues 0 3,095,283 3,095,283 EXPENDITURES Transfer Out to Fund 421 0 3,095,283 3,095,283 Expenditures 0 3,095,283 3,095,283 16. The Equipment Repair and Replacement Fund (Fund 501) is hereby amended to reflect the following appropriation amendments: EQUIPMENT REPAIR AND REPLACEMENT FUND (Fund 501) FY 2005 Original Amended REVENUES 2005 Budget 2005 Budget Change Use of Prior Year Revenue 4,236,841 4,636,841 400,OOc Revenues 4,236,841 4,636,841 400,000 ingBuilding/Public Works New Fire Engine 918,600 1,318,600 400,000 Expenditures 918,600 1,318,600 400,000 7 ORDINANCE NO. SECTION II. A list of all individual budget adjustments and descriptions are hereby attached as Attachments A & B and are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1181:5/27/05:ma Kathy Keolker-Wheeler, Mayor 2005. E 2004 to 2005 Carry Forwards Attachment A 2004 2005 2005 2005 Adjusted 2004 2004 Carry Forward Original Adjusted Project Title Budget Expense Balance Request Budget Budget Short Explanation/Reason Park Fund 101 1 Integrated Pest Management Program 141,300 113,147 28,153 31,400 94,300 125,700 Consultant under contract and money needed for contractual obligation. 101 Total Carry Forward Request $31,400 $94,300 $125,700 CDBG Fund 104 2 MultiService Center 30,000 6,310 23,690 23,700 0 23,700 To complete work that was delayed in 2004. 104 Total Carry Forward Request $23,700 $0 $23,700 1 % Art Fund 125 3 Art for Henry Moses Aquatic Center 50,000 0 50,000 40,000 50,000 9U00 For design and creation of artwork at the Aquatic Center. 125 Total Carry Forward Request $40,000 $50,000 $90,000 Garage Fund 301 4 Police Substation 101,500 48,129 53,371 53,300 0 53,300 Final building costs of the police substation at the Municipal parking garage. 301 Total Carry Forward Request $53,300 $0 $53,300 Leased City Properties Fund 306 5 Chiller Replacement at 200 Mill 300,000 64,624 235,376 100,000 0 100,000 The chiller at 200 Mill was budgeted for in 2004 but _ completed in 2005. 306 Total Carry Forward Request $100,000 $0 $100,000 Municipal Facilities CIP Fund 316 6 Fire RMS Project 400,000 235,179 164,821 155,500 400,000 555,500 Three-year project had trouble meeting software delivery schedule. 7 Maintenance Task Management 125,000 20,725 104,275 165,000 85,000 250,000 Consultant fees during vendor selection and implementation. 8 Wireless Network Project 500,000 344,753 155,247 67,000 0 67,000 Radio and antenna equipment installation on two more water towers. 9 Copier Replacement 75,000 102,683 -27,683 16,000 90,000 106.000 New copier in Police Records needed. 10 Parks Contingency Plan 95,000 0 95,000 95,000 0 95.000 Select design consultant. Re -master plan Cedar River Park, Liberty Park, and Narco property for future development and expansion. 11 Park Maintenance Facility 2,000,000 10,825 1,989,176 1,989,000 0 1,989,000 For property acquisition, site planning, and building design. 2005_C arry forward Attachment A.xls, 2004 - 2005 Cary Forward Page 1 of 4 2004 to 2005 Carry Forwards Attachment A 2004 2005 2005 2005 Adjusted 2004 2004 Carry Forward Original Adjusted Project Title Budget Expense Balance Request Budget Budget Short Explanation/Reason 12 Major Maintenance Parks 737,500 219,187 518,313 445,900 430,000 875,900 Projects to maintain city parks and amenities in a safe, good working order. 13 Major Maintenance Operational Facilities 38,000 0 38,000 38,000 157,000 195,000 FSI 1 Alarm ($20k) FSI I drainage ($18k). 14 Major Maintenance Public Facilities 656,000 180,573 475,427 466,300 172,000 638300 City Hall resurfacing of P3, single storage building at RCC, Public Restroom refurbishment. 15 Parks Long Range Plan 24,600 0 24,600 24,600 25,000 49,600 To complete long-range plan to meet state grant requirements and identify future acquisition and development. 16 Major Maintenance Museum 25.000 220 24,780 20,000 0 20,000 Intrusion and fire alarm system at Museum. 17 Neighborhood Beautification 27,100 2,857 24,243 25,000 0 25,000 Consultant under contract to complete tree inventory and assessment. 18 Sam Chastain Waterfront Trail 126,700 552 126,148 126,200 100,000 226,200 Consultant services to complete conceptual design phase and easement negotiation. 19 Neighborhood Grants 50,000 20,723 29,277 41,200 50,000 91,200 This amount covers prior grant commitments. 316 Total Carry Forward Request $3,674,700 $1,509,000 $5,183,700 Airport Fund 402 20 Apron C Utility Improvements 740,700 567,057 173,643 173,600 0 173,600 Contract with Potelco will be closed out in 2005. Solid Waste Utility Fund 403 21 Coordinated Prevention Grant The gas utility portion of the project still needs to be completed when Pilchuck decides to complete the project. 402 Total Carry Forward Request $173,600 $0 $173,600 79,700 8,487 71,213 71,300 71,300 CPG is a two year grant cycle. All funds were budgeted in Is year of cycle. 22 KC WR/R Grant Program 89,300 27,320 61.980 62,000 89,300 151,300 WRR grant is a two year grant. Funds are budgeted each year based on MKCC approval of KCSWD Budget. 403 Total Carry Forward Request $133,300 $89,300 $222,600 Waterworks Utility Fund 421 23 Sanitary Sewer Main Extension 3,450,000 798,360 2,651,640 2,650,000 2,000,000 4,650,000 Sunset Interceptor Phase II (2,200,000) has construction delays of approximately 6-months. Central Plateau Interceptor (450,000) is also delayed due to King County. 24 Lift Station Replacement/Rehabilitation 720,000 439,409 280,591 280,000 0 280,000 Lake Washington Flush and Misty Cove Lift Station Rehabilitation was delayed. 2 00 5_Carry forward Attachment A.xls, 2004 - 2005 Carry Forward Page 2 of 4 2004 to 2005 Carry Forwards Attachment A 2004 2005 2005 2005 Adjusted 2004 2004 Carry Forward Original Adjusted Project Title Budget Expense Balance Request Budget Budget Short Explanation/Reason 25 Sanitary Sewer Main Replacement 1,215,000 317,637 897,363 850,000 250,000 1,100.000 Covers projects we were not able to complete: Downtown Sewers (240,000). Earlington Sewer Extension (370,000), Sanitary Sewer Model (100,000), and Renton Center Extension (140,000). 26 Maplewood Water Rights 30,000 5,340 24,660 24,600 10,000 34,600 To complete contract work started in 2004. 27 Pipe Oversizing Costs 40,000 0 40,000 40,000 40,000 80,000 For payment to developers for projects started in 2004 28 Water Telemetry Systems Improvements 93,000 73,192 19,808 19,800 0 19,800 To complete contract work started in 2004. 29 Water System Plan Update 146,000 102,662 43,338 43,300 50.000 93,300 To complete contract work started in 2004. 30 Update Emergency Response Plan 71,000 21,309 49,691 49,600 5,000 54,600 To complete contract work started in 2004. 31 Water Main Rehabilitation 1,432,000 1,035,972 396,028 396,000 1,000,000 1,396,000 To complete contract work started in 2004. 32 Update Fireflow Analysis 10,000 5,278 4,722 4,700 5,000 9,700 To complete contract work started in 2004. 33 Reservoir Recoating 4,000 0 4,000 4,000 0 4,000 To complete contract work started in 2004. 34 Emergency Response Projects 50,000 1,198 48,802 48,800 50.000 98,800 To complete contract work started in 2004. 35 Large Meter Replacement 20,000 0 20,000 20,000 0 20,000 To complete contract work started in 2004. 36 Downtown Core Rehabilitation 253,000 103,242 149,758 149,700 0 149,700 To complete contract work started in 2004. 37 Water Quality Monitoring 10,000 3.619 6,381 6,300 10,000 16,300 To complete contract work started in 2004. 38 Water Pump Stations Rehabilitation 15,000 3,555 11,445 11,400 0 11,400 To complete contract work started in 2004. 39 Maplewood Water Treatment Improvements Construction 8,000,000 6,438,754 1,561,246 1,561,200 3,100,000 4,661,200 To complete contract work started in 2004. 40 Storm Sewer Comprehensive Plan 218.000 14,506 203,494 203,000 0 203,000 Project delayed due to Ecology's failure to issue the NPDES Phase 2 permit requirements. 41 Small Drainage Problems 225,000 54,430 170,570 170,000 180,000 350,000 The project construction to replace sewer, water, and storm systems was delayed to avoid project construction to occur during the winter and the 2004 holiday season. 42 Lower Cedar River Sediment Management 292,000 258,232 33,768 30,000 275,000 305,000 Spawning Channel Replacement Project was Program delayed due to the lack of federal funding for the U.S. Army Corps of Engineers (USACE) to construct the project. 43 Cedar River Basin CIP - Floodplain 12,500 5,487 7,013 7,000 0 7,000 Consultant Contract work was delayed due to Mapping USACE failure to provide levee certification needed for the update of the floodplain map. 44 Renton Stormwater Manual 143,000 575 142,425 142,000 0 142,000 Work was delayed due to Ecology's failure to issue the NPDES Phase 2 permit requirements. 45 Springbrook Creek Floodplain Map Update 108.200 68,351 39,849 35,000 0 35,000 To complete contract work started in 2004. 46 May Creek Basin Plan Implementation 198,000 41,240 156.760 155,000 275,000 430,000 To complete design and construct project in 2005. 2005_Carryforward Attachment A.xls, 2004 - 2005 Carry Forward Page 3 of 4 2004 to 2005 Carry Forwards Attachment A 2004 2005 2005 2005 Adjusted 2004 2004 Carry Forward Original Adjusted Project Title Budget Expense Balance Request Budget Budget Short Explanation/Reason 47 SW 7th Storm System 3.407.500 2,971,833 435,667 158,000 400,000 558,000 Project construction started later than planned and the construction took longer than planned. 421 Total Carry Forward Request $7,059,400 $7,650,000 $14,709,400 Municipal Golf Course System Capital Improvement Fund 424 48 Parking Stall Addition/Cart Path Paving 355,400 144,590 210,810 210,800 145,000 355,800 Project includes lighting, landscaping, netting and storm water detention for future maintenance facility. 49 Major Maintenance Golf Course 140,000 0 140,000 140,000 165,000 305,000 Driving Range Netting replacement, Driving Range turf carpet repair to be completed in 2005. 424 Total Carry Forward Request $350,800 $310,000 $660,800 Equipment Repair and Replacement Fund 501 50 New Fire Engine 1.027,800 501,940 525.860 400,000 918,600 1.318.600 New fire engine delivery delayed to 2005. 501 Total Carry Forward Request $400,000 $918,600 $1,318,600 Total Carry Forward Request $12,040,200 Ordinance No. 5110 Original Budget $150,349,200 Ordinance No. xxxx PBPW/Transportation Amendment* 2,382,300 *Currently Pending City Council approval Ordinance No. Carry Forward Budget Amendment 12,040,200 2005 Committed Expenditures $164,771,700 2005_Carryforward Attachment A.xls, 2004 - 2005 Carry Forward Page 4 of 4 Attachment B 2004 to 2005 Carry Forward Ordinance Title and Description Amount 1 Integrated Pest Management Program (Community Services) $31,400 Funds were transferred from EDNSP to Parks Professional Services in 2004 for the Integrated Pest Management Program. Consultant is under contract and money is needed to complete contractual obligation. 2 MultiService Center (Community Services) $23,700 Necessary to complete the MultiService Center due to delays in starting the program. 3 Art for Henry Moses Aquatic Center (Community Services) $40,000 For design and creation of art for the Henry Moses Aquatic Center. 4 Police Substation (Community Services) $53,300 To complete work on the Police Substation (which was finished in February). 5 Chiller for 200 Mill (Community Services) $100,000 The replacement of the chiller for 200 Mill building was completed in 2005. Expenses include elevators and gates. 6 Fire RMS Project (Finance and Information Services) $155,500 This project involves a number of different project elements and was planned as a three- year effort. During the second year, 2004, they had trouble meeting the project's software delivery schedule. 7 Maintenance Task Management (Finance and Information Services) $165,000 The enterprise -wide project team has completed the project specification and the project is awaiting responses to an RFP. This carry forward request represents unpaid consultant fees that will be used during vendor selection and implementation. 8 Wireless Network Project (Finance and Information Services) $67,000 This project has two remaining elevated water towers to which radio and antenna equipment must be installed. The equipment will be installed in early 2005. 9 Copier Replacement (Finance and Information Services) $16,000 This project replaces the Richo, which is well over five years old. This copier is in service 24 hours a day, 365 days a year, by the police records staff. There was no upgrade plan contained in the 2005 budget request; however, replacing this copier will provide an opportunity to improve the records process by utilizing the new copier's built-in email system to transmit records electronically rather than hard copy. 10 Parks Contingency Plan (Community Services) Select design consultant. Re -master plan Cedar River Park, Liberty Park and Narco property for future development and expansion including developing and integrating a public involvement process. 11 New Maintenance Facility (Community Services) In 2004, $2,000,000 was appropriated as designated fund balance for property acquisition, site planning and building design; of this amount, only $11,000 was spent. 12 Major Maintenance Parks (Community Services) Projects to maintain City parks and amenities in a safe, good working order. Kiwanis Park Playground $7,374, Sunset Court Play equipment replacement $7,071; Jones Park Play Equipment replacement $6,768; Kennydale Beach Play equipment replacement $67,348; Liberty Park building removal $32,400; Coulon Park Launch Lanes 1-4 Repairs $52,838; Coulon Gang Ways Replacement $185,091; and Edlund Property Demolition $87,010. $95,000 $1,989,000 $445,900 Page l of 4 Attachment B 2004 to 2005 Carry Forward Ordinance Title and Description Amount 13 Major Maintenance Operational Facilities (Community Services) $38,000 Fire Station 1 1 alarm and sprinklers ($20,000), Fire Station 1 1 drain replacement ($18,000). 14 ;Major Maintenance Public Facilities (Community Services) $466,300 City Hall resurfacing of P3 $205,000 (Three components: Water mitigation $30,000, Actual resurfacing $150,000, Restoring irrigation $25,000). City Hall Major Maintenance and small projects $41,300. Renton Community Center, single storage building $100,000. Public Restroom Refurbishment $120,000. 15 Parks Long Range Plan (Community Services) $24,600 Necessary to complete long-range plan to meet state grant requirements and identify future acquisition and development. Anticipate hiring consultant in first quarter 2005. 16 Major Maintenance 'Museum (Community Services) $20,000 Intrusion and fire alarm system at the Museum. 17 Neighborhood Beautification (Community Services) $25,000 Consultant under contract to complete tree inventory and assessment, park tree inventory, natural and open space tree inventory, and a strategic plan. 18 Sam Chastain Waterfront Trail (Community Services) $126,200 Necessary for consultant services to complete conceptual design phase and easement negotiation. 19 Neighborhood Grants (Economic Development) $41,200 There are two grant cycles each year. Some of the funds granted, especially in the fall cycle, are not spent until the following year. This carry forward amount covers prior grant commitments. 20 Apron C Utility Improvements (P/B/PW -Transportation) $173,600 Contract with Potelco will be closed out in 2005. The gas utility portion of the project still needs to be completed when Pilchuck decides to complete the project. 21 Coordinated Prevention Grant (P/B/PW-Solid Waste) $71,300 CPG is a two-year grant cycle. All funds were budgeted in first year cycle with intent to carry forward unspent funds. 22 KC WR/R Grant Program (P/B/PW-Solid Waste) $62,000 WRR Grant is a two-year grant. Funds are budgeted each year based on MKCC approval of KCSWD Budget. Unspent funds from 2004 may be carried forward under grant agreement. 23 Sanitary Sewer Main Extension (P/B/PW-Wastewater) $2,650,000 Sunset Interceptor Phase 11 ($2,200,000) has construction delays of approximately six months, requiring the construction funds to be carried forward. Central Plateau Interceptor ($450,000) is also delayed due to King County's bridge work causing construction to continue into 2005. 24 Lift Station Replacement/Rehabilitation (P/B/PW-Wastewater) $280,000 Lake Washington Flush and Misty Cove Lift Station Rehabilitation was delayed. Funds carried forward are to cover construction costs for 2005. 25 Sanitary Sewer Main Replacement (P/B/PW-Wastewater) $850,000 Carry forward covers projects that were not competed including Downtown Sewers ($240,000), Earlington Sewer Extension ($370,000), Sanitary Sewer Model ($100,000), and Renton Center Extension ($140,000). Primary reason for delay is due to unplanned work associated with development of Lakeshore Landing and FRB site. Page 2 of 4 Attachment B 2004 to 2005 Carry Forward Ordinance Title and Description Amount 26 Maplewood Water Rights (P/B/PW-Water) $24,600 To Complete contract work started in 2004. 27 Pipe Oversizing Costs (P/B/PW-Water) $40,000 For payment to developers for projects started in 2004. 28 Water Telemetry Systems Improvements (P/B/PW-Water) $19,800 To complete contract work started in 2004. 29 Water System Plan Update (P/B/PW-Water) $43,300 To complete contract work started in 2004. 30 Update Emergency Response Plan (P/B/PW-Water) $49,600 To complete contract work started in 2004. 31 Water Main Rehabilitation (P/B/PW-Water) $396,000 To complete contract work started in 2004. 32 Update Fireflow Analysis (P/B/PW-Water) $4,700 To complete contract work started in 2004. 33 Reservoir Recoating (P/B/PW-Water) $4,000 To complete contract work started in 2004. 34 Emergency Response Projects (P/B/PW-Water) $48,800 To complete contract work started in 2004. 35 Large Meter Replacement (P/B/PW-Water) $20,000 To complete contract work started in 2004. 36 Downtown Core Rehabilitation (P/B/PW-Water) $149,700 To complete contract work started in 2004. 37 Water Quality Monitoring (P/B/PW-Water) $6,300 To complete contract work started in 2004. 38 Water Pump Stations Rehabilitation (P/B/PW-Water) $11,400 To complete contract work started in 2004. 39 Maplewood Water Treatment Improvements Construction (P/B/PW-Water) $1,561,200 To complete contract work started in 2004. 40 Storm Sewer Comprehensive Plan (P/B/PW-Surface Water) $203,000 Project delayed due to the Department of Ecology's failure to issue the NPDES Phase 2 permit requirements, which will identify required new programs that need to be reviewed in conjunction with all programs. 41 Small Drainage Problems (P/B/PW-Surface Water) $170,000 The project construction to replace sewer, water and storm systems in Wells Ave. S. and Williams Ave. S., between S. 2"d St. and S 3`d St., was delayed to avoid project construction occurring during the winter and the 2004 holiday season. Project construction will start in spring of 2005. Page 3 of 4 Attachment B 2004 to 2005 Carry Forward Ordinance Title and Description Amount " 42 Lower Cedar River Sediment Management Program (P/B/PW-Surface Water) $30,000 Spawning Channel Replacement project was delayed due to the lack of federal funding for the U.S. Army Corps of Engineers (USACE) to construct the project. The carry forward request is needed to fund anticipated City costs associated with the construction of the Spawning Channel Replacement Project in the summer of 2005, assuming the federal funding for the project is provided to the USACE. 43 Cedar River Basin CIP — Floodplain Mapping (P/B/PW-Surface Water) $7,000 Consultant Contract work was delayed due to USACE failure to provide Levee certification needed for the update of the floodplain map. Final report and maps to be produced in 2005. 44 Renton Storm water Manual (P/B/PW-Surface Water) $142,000 Work was delayed due to the Department of Ecology's failure to issue the NPDES Phase 2 permit requirements, which would identify standards for storm water management that would have to be included in a design manual. 45 Springbrook Creek Floodplain Map Update (PB/PW-Surface Water) $35,000 Consultant contract work to finalize the hydraulic model and produce the draft floodplain work map took longer than planned, which delayed the completion of the project in 2004. Funding is being carried forward to complete the remaining work in 2005. 46 May Creek Basin Plan Implementation (P/B/PW-Surface Water) $155,000 Funding is being carry forward to complete design and construct project in 2005, if required permits and access rights are obtained. 47 SW 71n Storm System (P/B/PW-Surface Water) $158,000 Project construction started later than planned and the construction took longer than planned. Funding is being carried forward to fund the completion of the project construction. 48 Parking Stall Addition/Cart Path Paving (Community Services) $210,800 This project, which includes lighting, landscaping, netting and storm water detention for future maintenance facility, is in conjuncture with the Water Utility Department's construction of the Maplewood Water Treatment Facility. All work will be completed in 2005. 49 Major Maintenance Golf Course (Community Services) $140,000 The driving range netting replacement and driving range turf carpet repair will be completed in 2005. Access to portions of the project will not be available until completion of current water treatment facility construction. 50 New Fire Engine (PB/PW-Equipment Repair and Replacement) $400,000 Due to major hurricanes, the delivery of the new Fire Engine (pumper) was moved back to mid -March 2005. Page 4 of 4 FUND BALANCES AFTER CARRY FORWARD ORDINANCE revised. 05/17/05 GENERAL GOVERNMENTAL FUNDS Attachment C 201 207 215 TOTAL 000 007 010 101 103 106 LTGO LTGO LTGO GENERAL GENERAL GARAGE MEMORIAL PARK STREET LIBRARY City Hall Senior Ctr Misc GOVERNMT'L + 1/1/2004 Beg FB 6,164,584 - - 1.625,841 891,151 246,418 13,536 25,057 1,018,824 9,985,411 + 2004 Act Revenues 46,599,703 149,442 31,153 9,678,105 5,862,686 1,953,727 654,730 29,148 1,788,896 66,747,590 - 2004 Actual Expenditures (46,081,936) (34,686) - (10,350,791) (5,925,665) (1,560,557) (652,460) (27,175) (2,211,875) (66,845,145) = 2004 Ending Fund Balance 6,682,351 114,756 31,153 953,155 828,172 639,588 15,806 27,030 595,845 9,887,856 + 2005 Budgeted Revenues 46,874,100 - 10,462,100 6,283,500 1,494,700 654,300 35,900 1,866,300 67,670,900 - 2005 Budgeted Expenditures (47,933,500) (70,000) (10,462,100) (6,286,200) (1,494,700) (654,300) (35,900) (1,866,300) (68,803,000) = Fund Balance 5,622,951 44,756 31,153 953,155 825,472 639,588 15,806 27,030 595,845 8,755,756 8% Reserve/Reserves (3,721,535) (44,756) (31,153) (836,968) (502,896) (119,576) (15,806) (27,030) (595,845) (5,895,565) Available Fund Balance 1,901,416 116,187 322,576 520,012 - - - 2,860,191 Carry Forwards - - (31,400) - - - - (31,400) - Proposed Transfer Out (1,901,416) - (84,787) (322,576) (520,012) (2,828,791) Page 1 of 6 FUND BALANCES AFTER CARRY FORWARD ORDINANCE revised: 05117105 SPECIAL REVENUE FUNDS TOTAL 102 104 110 118 125 127 131 SPECIAL Arterial St CDBG Hotel/Motel Resv Path/Tr 1%Art Cable Corn Parks Gifts REVENUE + 1/1/2004 Beg FB 161,026 19,321 244,111 2,807 96,413 196,137 50,000 769,815 + 2004 Act Revenues 396,893 297,833 217,142 19 5,428 38,524 50,690 1,006,529 - 2004 Actual Expenditures (353,500) (288,520) (206,405) (3,293) (29,223) (880,941) = 2004 Ending Fund Balance 204,419 28,634 254,848 2,826 98,548 205,438 100,690 895,403 + 2005 Budgeted Revenues 353,500 314,500 220,000 38,900 - 926,900 - 2005 Budgeted Expenditures (353,500) (314,500) (220,000) (50,000) (38,900) - (976,900) Fund Balance 204,419 28,634 254,848 2,826 48,548 205,438 100,690 845,403 8% Reserve/Reserves (204,419) (4,934) (254,848) (2,826) - (200,000) (100,690) (767,717) Available Fund Balance Carry Forwards 23,700 (23,700) 48,548 5,438 (40,000) - 77,686 (63,700) = REMAINING FUND BALANCE 8,548 5,438 13,986 Attachment C Page 2 of 6 FUND BALANCES AFTER CARRY FORWARD ORDINANCE revised: 05/17/05 DEBT SERVICE FUNDS TOTAL 219 220 DEBT SERVICE ugob-Sr Housin, LID Debt S FUNDS + 1/1/2004 Beg FB 574,513 30,690 605,203 + 2004 Act Revenues 526,022 25,083 551,105 - 2004 Actual Expenditures (527,874) (12,585) (540,459) = 2004 Ending Fund Balance 572,661 43,188 615,849 + 2005 Budgeted Revenues 519,100 9,500 528,600 2005 Budgeted Expenditures (519,100) (12,800) (531,900) = Fund Balance 572,661 39,888 612,549 8% Reserve/Reserves (572,661) (39,888) (612,549) = Available Fund Balance Carry Forwards Page 3 of 6 FUND BALANCES AFTER CARRY FORWARD ORDINANCE revised: 05117105 CONSTRUCTION FUNDS TOTAL 301 303 304 305 306 307 316 317 CAPITAL Garage Com Dev Mit Fire Mit Transp Mit Ls City Prop Swim Pool CIP Transp CIP FUNDS 1/1/2004 Beg FB 2,041,114 1,060,080 1,498,202 3,859,186 158,244 1,231,412 4,978,135 8,291,896 23,118,269 + 2004 Act Revenues 1,688 515,035 840,108 1,058,156 1,060,542 62,337 7,150,657 7,527,568 18,216,091 2004 Actual Expenditures (1,869,810) (1,274,704) (1,596,136) (721,000) (567,111) (1,116,359) (2,894,625) (5,280,288) (15,320,033) = 2004 Ending Fund Balance 172,992 300,411 742,174 4,196,342 651,675 177,390 9,234,167 10,539,176 26,014,327 + 2005 Budgeted Revenues 2005 Budgeted Expenditures - 255,000 300,000 - - (300,000) 600,000 (1,313,400) 446,700 (446,700) - 2,948,500 - (4,335,000) 6,145,200 (7,986,500) 10,695,400 (14,381,600) = Fund Balance 172,992 555,411 742,174 3,482,942 651,675 177,390 7,847,667 8,697,876 22,328,127 8% Reserve/Reserves - - - - - - (3,616,000) - (3,616,000) = Available Fund Balance 172,992 555,411 742,174 3,482,942 651,675 177,390 4,231,667 8,697,876 18,712,127 Carry Forwards (53,300) - - - (100,000) - (3,674,700) (8,697,876) (12,525,876) New Programs - - (132,000) - (132,000) + Proposed Transfer in - 2,828,791 - 2,828,791 Attachment C Page 4 of 6 FUND BALANCES AFTER CARRY FORWARD ORDINANCE revised. 05/17/05 ENTERPRISE FUNDS Attachment C s TOTAL 401 402 403 404 421 424 451 461 481 ENTERPRISE WW Utility Airport Solid Waste Golf Course WW Constr Golf CIP WW Rev Bond WS Reserve 2004 WS Bond FUNDS 1/1/2004 Beg FB 4,965,150 2,344,624 885,911 1,362,027 1,165,903 403,778 129,020 2,606,852 - 11,256,413 + 2004 Act Revenues 22,076,192 1,320,600 8,983,953 2,189,791 13,148,034 273,579 2,496,666 - 10,591,010 61,079,825 - 2004 Actual Expenditures (20,173,202) (1,321,644) (8,571,929) (2,255,713) (13,408,670) (320,233) (2,513,803) - (7,495,727) (56,060,921) = 2004 Ending Fund Balance 6,868,140 2,343,580 1,297,935 1,296,105 905,267 357,124 111,883 2,606,852 3,095,283 16,275,317 + 2005 Budgeted Revenues 22,724,100 1,686,200 8,866,000 2,321,200 9,269,000 154,000 3,049,800 - - 48,070,300 - 2005 Budgeted Expenditures (23,982,300) (1,960,000) (9,078,700) (2,321,200) (9,450,000) (310,000) (3,012,100) - - (50,114,300) = Fund Balance 5,609,940 2,069,780 1,085,235 1,296,105 724,267 201,124 149,583 2,606,852 3,095,283 16,838,169 - 8% Reserve/Reserves (1,412,232) (1,896,180) (726,300) (589,742) - - - (2,606,852) - (7,231,306) = Available Fund Balance 4,197,708 173,600 358,935 706,363 724,267 201,124 149,583 3,095,283 9,606,863 + New Revenues - - 296,800 - - - - - 296,800 - Carry Forwards (3,239,850) (173,600) (133,300) (160,000) (724,267) (190,800) (3,095,283) (7,717,100) - New Programs (90,000) (400,000) - - - (490,000) Page 5 of 6 FUND BALANCES AFTER CARRY FORWARD ORDINANCE revised. 05117105 INTERNAL SERVICE FUNDS TOTAL 501 502 512 522 601 INTERNAL SVC Equip R&R Insurance Active Health LEOFF Health Fire Pens FUNDS 1/1/2004 Beg FB 3,418,397 7,611,589 - - 5,133,314 16,163,300 + 2004 Act Revenues 2,888,431 3,988,755 6,713,830 990,110 224,531 14,805,657 2004 Actual Expenditures (2,220,686) (3,656,234) (5,407,028) (760,624) (381,723) (12,426,295) = 2004 Ending Fund Balance 4,086,142 7,944,110 1,306,802 229,486 4,976,122 18,542,662 + 2005 Budgeted Revenues 3,176,900 2,883,800 6,472,500 1,282,000 160,000 13,975,200 - 2005 Budgeted Expenditures (3,026,200) (3,549,300) (6,490,400) (1,359,900) (672,300) (15,098,100) Fund Balance 4,236,842 7,278,610 1,288,902 151,586 4,463,822 17,419,762 Anti Recessionary Reserve (2,100,000) (2,100,000) South Renton Reserve (660,000) (660,000) - Health Reserve (1,115,600) (199,000) (1,314,600) - 8% Reserve/Reserves (3,377,944) (4,518,610) (4,463,822) (12,360,376) Available Fund Balance 858,898 - 173,302 (47,414) 984,786 - Carry Forwards (400,000) (400,000) = REMAINING FUND BALANCE 458,898 173,302 (47,414) 584,786 Attachment C Page 6 of 6 CITY OF RENTON COUNCIL AGENDA BILL w A] #: Submitting Data: For Agenda of: June 6, 2005 Dept/Div/Board.. City Attorney's office Agenda Status Staff Contact...... Lawrence J. Warren Consent .............. X Public Hearing.. Subject: New "Race Attendance" City ordinance prohibiting Correspondence.. attendance at unlawful race events Ordinance ............. X Resolution........... . Old Business........ New Business....... Exhibits: Draft Ordinance Study Sessions...... Issue Paper Information......... Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Unlawful night-time street racers habitually use certain areas in the City for their races. They can be cited for Reckless Driving. The racers are encouraged by having spectators. By making attendance at such race events illegal, law enforcement will have the ability to cite persons who gather and encourage race events. Therefore, the police department and City Attorney's office propose that a new "Race Attendance" chapter be added to Title VI, "Police Regulations", to define No Racing Zones, prohibit attendance at night race events in No Racing Zones, and criminalize violations. STAFF RECOMMENDATION: Adopt an ordinance to the Renton Municipal Code, to add a chapter in Title VI prohibiting attendance at night-time street racing events and criminalizing violations. RenlonneVagnbilU bh CITY OF RENTON .� Office of the City Attorney Lawrence J. Warren Kathy Keolker-Wheeler, Mayor Assistant City Attorneys Mark Barber MEMORANDUM Zanetta L. Fontes Ann S. Nielsen Sasha P. Alessi TO: Renton City Council Whitney A. Faulkner FROM: Zanetta L. Fontes, Assistant City Attorney DATE: 19 May 2005 RE: Issue paper on Race Attendance Ordinance The City Attorney's office is responding to a request that there be some legislation drafted that would, if passed by the council, allow the police to arrest those people who are in attendance at a racing event but are not actually doing the racing. After reviewing ordinances from many different cities, we have developed an ordinance that we believe will allow the police to arrest and cite people who are encouraging racing by their attendance. PreservinE the Public Peace and Safety While researching ordinances from other cities I learned that some cities have worse problems than others. The risks to the community have ranged from death of spectators to destruction of private property or mere blocking of traffic. The most dramatic information I found came from San Diego. In 2002, when that city council enacted its ordinance, there had been 5 people killed in that year alone, due to racing. In fact, during the period between when the ordinance was first referred to a council committee and when they decided to pass it as an emergency, there were two more deaths. San Diego found that, based on their experience, spectators at illegal racing venues fuel the illegal racing activity by their mere presence. San Diego found, and we have found this to be the case as well, that there are magazines and Internet sites that are devoted to street racing. We might not have the distinction that San Diego had as being a "prime spot" for drag racing. And, that status might account for the high numbers of deaths. However, Renton has had its own fatality that we can attribute to the decedent's participation in a race event. How It Is Done In the late night and early morning hours, street racers and spectators converge on various public streets, primarily in commercial or industrial areas. These juveniles and adults block the streets with their cars, set up improvised racetracks complete with individuals acting as race starters. The drag racing might continue until the police arrive. In that event they all jump in their cars and caravan to a new location. Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 R E N T O N 9 This paper contains 50 % recycled material, 30% post consumer AHEAD OF THE CURVE Renton City Council 5/19/2005 p. 2 They may have had prior arrangements made and communicated via the internet, so everyone knows where to go when they leave one site. On the other hand, considering today's technologically wise young adults and juveniles, their resources for communications are limitless. The have cell phones, police scanners, and PDAs or pocket PCs. All of these tools allow the racers and the attendees to stay ahead of the police. San Diego found that illegal street racing attracts other criminal activity- gambling, fights and disturbances, littering, drinking in public, urinating in public, trespassing, and vandalism. In our experience here we have noted most of the same problems. And, while we have not necessarily observed gambling, we are aware that that is a common facet of the race attendance experience. San Diego found that in 2002, police across the country attempted to alleviate the problem of street racing and attendance by strictly enforcing the laws that were on the books, like trespass. The short-term impact was minimal and there was no long-term impact. We have tried to manage the race attendance problem, like other agencies in the country, with existing ordinances. For us that was the trespass ordinance. That ordinance was not effective. Additionally, Judge Jurado determined that our trespass ordinance, as it related to public property, was unconstitutional. So, we have drafted the proposed ordinance in an effort to address the limited problem of attendance at a street racing event. The street racing itself is unlawful as reckless driving. Therefore, the proposed ordinance does not address street racing. On a more basic level, the council might ask whether speed bumps or street closures might be an effective deterrent to the racing, and by eliminating the racing, there will be no spectators? Other cities have found those efforts to be ineffective. Speed bumps would negatively impact drivers 24 hours per day. Further, our areas of racing include some heavily traveled areas, closures would be inconvenient for the law abiding public. The Proposed Ordinance The ordinance would designate NO RACING ZONES. We have identified 7 areas in the City that should be so designated. They are: 1. Oakesdale Avenue SW, 1600 block to 4200 block 2. Lind Avenue SW, 700 block to 4200 block 3. East Valley Road, 1600 block to 4200 block 4. Thomas Avenue SW, 700 block to 1000 block 5. Houser Way N., 800 block to 1200 block 6. Maple Valley Highway, 1700 block to 5600 block 7. Powell Avenue SW, 700 block to 1000 block The proposed ordinance would make unlawful two things: Renton City Council 5/19/2005 p. 3 1) Entering or remaining in a No Racing Zone between 10:00 p.m. and 5:00 a.m. if the person knows or should know that a racing event is about to occur, is occurring, or has just occurred AND the person has the intent of encouraging or supporting the racing event. 2) Violating any condition or requirement of a SOAR order that was directed at the person and the person had notice of the SOAR order. SOAR stands for Stay Out of Areas of Racing. The ordinance authorizes our municipal court judge to issue such an order as a condition of pre-trial release when a person has been charged with a violation of the first proviso, above, or has been charged with reckless driving that is race related. The ordinance also authorizes the judge to issue a SOAR order as a condition of sentencing. The penalties for either violation would be criminal. However, the first one is a misdemeanor (90 days-$1,000) and the second one is a gross misdemeanor (1 year- $5,000). The reason for the distinction is that the violation of the SOAR order means two things, at least. 1) The person has already been charged with (or was convicted of) a prior Race Attendance or Reckless Driving (race related) crime; and 2) the person has ignored the court's order imposing conditions of pre-trial release or sentencing. Obviously, the person did not get the message. Recommendation The council should refer this proposed ordinance to the Public Safety Committee for a thorough discussion of this ordinance. Zanetta L. Fontes: ZLF: ma Enc. Cc: Jay Covington Chief Anderson Lawrence J. Warren DRAFT 6 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CHAPTER 6-27, RACE ATTENDANCE, THAT PROHIBITS RACE ATTENDANCE WITHIN A "NO RACING ZONE" AND IMPOSES CRIMINAL PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L A new Chapter 27, Race Attendance, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington' is hereby added, to read as follows: Chapter 6-27 RACE ATTENDANCE SECTION: 6-27-010 Definitions. 6-27-020 SOAR Orders. 6-27-030 Designated "No Racing Zones." 6-27-040 Unlawful Race Attendance Prohibited. 6-27-050 Issuance of SOAR Orders. 6-27-060 Violation of SOAR Orders. 6-27-070 Severability 6-27-010 DEFINITIONS: I ORDINANCE NO. Unless the context clearly requires otherwise, the definitions in RMC Chapter 6-27 shall apply throughout this chapter. 1. "Public place" means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, the doorways and entrances to buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots. 2. "SOAR" is an abbreviation for "Stay Out of Areas of Racing." 3. "Unlawful race event" means an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles. 6-27-020 SOAR ORDERS: A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a "No Racing Zone," as set forth herein, between the hours of 10:00 PM and 5:OOAM. 6-27-030 DESIGNATED "NO RACING ZONES": A. The areas designated herein are "No Racing Zones," between the hours of 10:00 PM and 5:00 AM: 1. Oakesdale Avenue SW, 1600 block to 4200 block 2. Lind Avenue SW, 700 block to 4200 block 3. East Valley Road, 1600 block to 4200 block 4. Thomas Avenue SW, 700 block to 1000 block 5. Houser Way N., 800 block to 1200 block 6. Maple Valley Highway, 1700 block to 5600 block 7. Powell Avenue SW, 700 block to 1000 block 2 ORDINANCE NO. B. These "No Racing Zones" include the locations listed in RMC 6-27-030.A, together with adjoining property areas (such as sidewalks, entryways, landscaped areas, and parking areas), if those adjoining areas are being used for racing or unlawful race attendance regardless of whether such property is a public place or is private property. These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at all highway entrances to the No Racing zone. At a minimum, these signs must include the following statements: "No Racing Zone"; "Race Attendance Prohibited"; and "RMC 6-27-040." 6-27-040 UNLAWFUL RACE ATTENDANCE PROEMITED: A. It is unlawful for any person to enter or remain in a designated "No Racing Zone" between the hours of 10:00 PM and 5:00 AM if: 1) (S)he knows or should know that an unlawful race event is occurring, has occurred, or is about to occur; and 2) (S)he intends to observe, support, or encourage the unlawful race event. B. A violation of this Section is a misdemeanor. 6-27-050 ISSUANCE OF SOAR ORDERS: A. The Municipal Court may issue a SOAR order to any person charged with racing, unlawful race attendance, reckless driving associated with race activity, or trespass associated with race activity as a condition of pre-trial release, sentence, or deferred sentence. B. A person is deemed to have notice of the SOAR order when: The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall signify the person named in the order has read the order and has knowledge of the contents of the order; or 3 ORDINANCE NO. 2. The order recites that the person named in the order, or his or her attorney, has appeared in person before the court at the time of issuance of the order. C. The SOAR order shall contain: This warning: "Violation of this order is a criminal offense under RMC 6- 27-060 and will subject the violator to arrest." 2. This condition: "The person named herein shall not be present in a "No Racing Zone" between the hours of 10:00 pm and 5:00 am"; and 3. Any other condition the court determines should be imposed as a condition of pretrial release or condition of sentence, of the person named in the order. 6-27-060 VIOLATION OF SOAR ORDERS: A. It is unlawful for any person who is the subject of a SOAR order and who has notice of the SOAR order to: Violate a condition of the SOAR order; or 2. Fail to comply with any requirement or restriction imposed by the Court. B. In the event a police officer has probable cause to believe that a person has been issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in the officer's presence, the person is seen violating or failing to comply with any requirement or restrictions imposed upon that person by the court, the officer may arrest the violator without warrant for violation of the SOAR order and shall bring that person before the court that issued the order. C. A violation of Section 6-27-060.A is a gross misdemeanor and shall be punishable by a fine not to exceed $5,000 or imprisonment not to exceed more than one year, or both. 6-27-070 SEVERABILITY: 4 ORDINANCE NO. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION H. 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 12005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1190:5/19/05:ma Kathy Keolker-Wheeler, Mayor 5 PUBLIC SAFETY COMMITTEE REPORT June 6, 2005 � C 3 C` c CZ_,1XC6L Date-6• .?oos The Public Safety Committee was briefed on this issue and recommends referring this matter to the administration to be handled during budget deliberations. 1 n Denis W. Law, Chair Randy Corman, Vice -Chair Toni Nelson, Member C: Lee Wheeler, Fire Chief Stan Engler, Fire Marshall/Battalion Chief UTILITIES COMMITTEE _ COMMITTEE REPORT C-H n `�NCI Date 6 -6 - aoos- June 6, 2005 Penhallegon Associates Latecomer's Agreement Request Merrill Gardens @ Renton Centre (Referred 5/16/2005) The Utilities Committee recommends concurrence in the staff recommendation to grant preliminary approval of the application for a Latecomer's Agreement request from Penhallegon Associates Consulting Engineers, Inc. for a period of one year. The application for a latecomer's agreement was submitted to recover a portion of the $244,720.30 estimated cost of water main extension along Williams Ave. S., from S. 2"d St. to S. Tobin Street for the Merrill Gardens development. The Committee further recommends that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the Council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing. will be held to resolve any issues prior to proceeding with this matter. � I 1 L,---" R ndy Corman, Chair Dan Clawson, Vice Chair �r Don Persson, Member cc: Jan Illian Lys Hornsby UTILITIES COMMITTEE Gate COMMITTEE REPORT June 6, 2005 Lakeridge Development, Inc. Latecomer's Agreement Request Liberty Grove (Referred 5/16/2005) The Utilities Committee recommends concurrence in the staff recommendation to grant preliminary approval of the application for a Latecomer's Agreement request from Lakeridge Development, Inc. (Wayne Jones) for a period of one year. The application for a latecomer's agreement was submitted to recover a portion of the $123,250 estimated costs of sanitary sewer installation to service lots at the Liberty Grove subdivision located at SE 136" St. and 160t' Ave. SE. The Committee further recommends that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, the Council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. Randy Corman, Chair Dan Clawson, Vice Chair Don Persson, Member cc: Arneta Henninger Lys Hornsby to b-6-Roos TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT June 6, 2005 HUD BEDI Grant — WSDOT ROW Contract (Referred May 16, 2005) The Transportation Committee recommends concurrence in the staff recommendation to approve the expenditure of up to $250,000 of the City's $300,000 Housing and Urban Development Brownfield Economic Development (HUD BEDI) grant for the Washington State Department of Transportation (WSDOT) contract to develop right-of-way (ROW) plans for the North Renton area, as outlined in the scope of work. Applying the HUD BEDI funds on the I-405 right-of-way plans allows the City to use the funds within the constraints outlined by HUD and as described in the previously approved City agenda bill and issue paper accepting the HUD funds. Additionally, completed right-of- way plans will strengthen the North Renton I7405 project position .for additional funding and is a critical step for the I-405 Project, Port Quendall, and other redevelopment efforts along I- 405. Marcie Palmer, Chair Don Persson, Vice Chair andy Corman, Member cc: Shawna Mulhall Sandra Meyer Debra Mikolaizik Connie Brundage 1J'at's 6.6 • coos' TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT June 6, 2005 SR 169 Route Development Plan/Corridor Study Washington State Department of Transportation (WSDOT) Interlocal Agreement — GCA 4213 0 The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve a resolution for the purpose of supporting the SR 169 Route Development Plan/Corridor Study in the amount of $550,000 for the total project cost which is anticipated to be completed in 2006. The Committee further recommends that the Mayor and City Clerk be authorized to sign the interlocal agreement (GCA 4213) with the Washington State Department of Transportation (WSDOT) in the amount of $50,000 for the study. *, ".; g: � 'Y � W - Marcie Palmer, Chair Don Persson, Vice -Chair fn andy Corman, Member cc: Sandra Meyer, Transportation Systems Director Nick Afzali, Transportation Planning and Programming Manager Sharon Griffin, Transportation Project Development Coordinator Project File TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT �1 l-6-SODS June 6, 2005 Garden Avenue North Street Name Change (Referred April 25, 2005) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to install a raised island to physically block the northbound movement at the intersection of Garden Avenue North and North 4th Street. In addition, the Transportation/Aviation Committee recommends the installation of a Local Access Only sign at Bronson Way North and Garden Avenue North. W4 Marcie Palmer, Chair Don Persson, Vice Chair 21C--11 Randy Corman, Member cc: Karl Hamilton Bob Cavanaugh Connie Brundage H:Trans/admin/Committ/2005/Garden Avenue NE Name Change CITY OF RENTON, WASHINGTON RESOLUTION NO. 37s6 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION ENTITLED "AGREEMENT GCA4310 I405 CONGESTION RELIEF AND BUS -RAPID TRANSIT PROJECTS RIGHT OF WAY PLAN DEVELOPMENT." WHEREAS, the Washington State Department of Transportation (WSDOT) is proposing a series of projects to improve the I-405 corridor; and and WHEREAS, right-of-way plans will be needed to be developed for the entire corridor; WHEREAS, preparing right-of-way plans for the corridor will require extensive work, including surveying and base mapping; and WHEREAS, a portion of the surveying and base mapping work is located within the City of Renton's corporate limits; and WHEREAS, the City desires to assist the State of Washington in paying for the work required to prepare the right-of-way plans for the portion of the surveying and base mapping being done within the City's corporate limits, but limited to the amount of $250,000; and WHEREAS, it is necessary to document the terms and conditions under which the City will assist the state in paying for this work; 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. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal cooperative agreement with WSDOT entitled "Agreement GCA-4310 I-405 Congestion Relief and Bus -Rapid Transit Projects Right of Way Plan Development." PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1095:2/18/05:ma day of 1> 2005. Bonnie I. Walton, City Clerk day of , 2005. Kathy Keolker-Wheeler, Mayor 2 N 'i MIM�� CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 7S7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT ENTITLED "COOPERATIVE AGREEMENT SR 169 - ROUTE DEVELOPMENT PLAN - WSDOT AGREEMENT GCA 4213." WHEREAS, SR 169 is an important state route within south King County, and is a principal arterial in the City's road program; and WHEREAS, the Washington State Legislature has set aside funding for the completion of a route development plan to identify short and long term deficiencies and develop recommendations for a potential project and improvement strategies on SR 169; and WHEREAS, the state and the City of Renton wish to cooperate, along with the City of Maple Valley and King County, in the route development plan; and WHEREAS, it is necessary to establish the terms, conditions and covenants to govern the conduct of the parties hereto; 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 H. The Mayor and City Clerk are authorized to enter into an interlocal cooperative agreement with the State of Washington entitled "Cooperative Agreement SR 169 — Route Development Plan - WSDOT Agreement GCA 4213." The Mayor and City Clerk are further authorized to enter into other and later agreements should additional state, local or federal funding be available to further this effort. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES. 1104:4/1/05:ma Kathy Keolker-Wheeler, Mayor 2005. 2 CITY OF RENTON, WASHINGTON RESOLUTION NO.. 767 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON SEWER AVAILABILITIES FOR NEW SUBDIVISIONS WITHIN THE EAST RENTON PLATEAU POTENTIAL ANNEXATION AREA, ESTABLISHING A HEARING DATE OF JUNE 20, 2005, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton has established a portion of the East Renton Plateau within its Potential Annexation Area; and WHEREAS, the City of Renton has established this portion of the East Renton Plateau as being within its sanitary sewer service area; and WHEREAS, a citizen's group is currently pursuing potential annexation of the East Renton Plateau area; and WHEREAS, the City of Renton desires that all new subdivisions be developed to its land use, zoning and public works standards; and and WHEREAS, subdivisions developed in the county do not comply to all City standards; WHEREAS, once properties are annexed to the City, new subdivisions not vested within the county would be required to meet all City standards; and WHEREAS, declaring a moratorium would prevent vesting of subdivisions before the property could be annexed to Renton; and WHEREAS, a moratorium is required to provide adequate time for establishment of an annexation petition to be submitted to the City Council for its consideration; RESOLUTION NO. 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 H. There is hereby declared a moratorium on issuance of sewer availabilities for new subdivisions within the East Renton Plateau annexation area; such moratorium area is shown on the attached map. The purpose of the moratorium is to preclude issuance of any new sanitary sewer availabilities prior to consideration by City Council of a proposed annexation petition for the East Renton Plateau submitted by the citizens within this potential annexation area. SECTION M. There is hereby established a public hearing date on June 20, 2005, for the City Council to take testimony on this moratorium and to consider the modification, revision, or termination of this moratorium. SECTION IV, The moratorium shall be in place for a period not to exceed six months, unless otherwise extended for one or more additional periods by the Council, but only if a subsequent public hearing is held and findings of fact are made prior to each renewal, to support such renewal. PASSED BY THE CITY COUNCIL this day of Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Kathy Keolker-Wheeler, Mayor 2005. 2005. 2 RESOLUTION NO. Approved as to form: Lawrence I Warren, City Attorney RES. 1115:5/31/05:ma CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING A NEW SUBSECTION TO SECTION 5-1-2.F OF CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) AND A NEW CHAPTER, 6-27, SHOPPING CART REGULATION, TO TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- RELATING TO ABANDONED SHOPPING CARTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-1-2.17 of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington' is hereby amended by adding the following fee: Review of Shopping Cart Containment and Retrieval Plans: $100 SECTION H. A new Chapter, 6-27, Shopping Cart Regulation, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington' is hereby added, to read as follows: 6-27 SHOPPING CART REGULATION SECTION: 6-27-1: PURPOSE 6-27-2: DECLARATION OF NUISANCE 6-27-3: SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS; APPLICABILITY 6-274: EXEMPTIONS 6-27-5: DEFINITIONS 6-27-6: SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS 6-27-7: RETRIEVAL AND RAPOUND PROCEDURES 6-27-8: FEES AND DISPOSITION OF CARTS 6-27-9: ILLEGAL POSSESSION OR ACCUMULATION OF CARTS ORDINANCE NO. 6-27-1. PURPOSE. It is the primary purpose of this ordinance to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public safety and improve the image and appearance of the City. It is a purpose of this ordinance to have the owners and operators of businesses providing shopping carts use the means available to them to deter, prevent or mitigate the removal of shopping carts from their business premises. It is a further purpose of this ordinance to prevent the illegal removal of shopping carts from the business premises, to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on public or private properties. 6-27-2. DECLARATION OF NUISANCE. Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. Shopping carts that have been removed from the premises of the business and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other right of ways, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this chapter, or in any other manner provided by law. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed 2 ORDINANCE NO. shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is: A. An Authorized Agent; or B. Retrieval Personnel; or C. Enforcement Personnel; or D. An Authorized Customer. 6-27-3. SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS, - APPLICABILITY. Except as otherwise provided in this chapter, every owner who provides shopping carts to customers for use on the premises of any retail establishment shall develop, implement and comply with the provisions of a written Shopping Cart Containment and Retrieval Plan approved by the City to provide for the containment of shopping carts on the premises of the retail establishment (Shopping Cart Containment Plan), and for the retrieval of lost, stolen, or abandoned shopping carts which have been removed from the premises of the retail establishment (Shopping Cart Retrieval Plan). 6-27-4. EXEMPTIONS. The requirements of this Chapter shall not apply to any retail establishment which provides a total of 10 or fewer shopping carts for use by customers of such business, or which retail establishment complies with the requirements of RMC 6-27-3. This Chapter shall not apply to carts that are removed for repair or maintenance. 6-27-5. DEFINITIONS. Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meaning: 3 ORDINANCE NO. A. Authorized Agent: The owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart. B. Authorized Customer: A customer of the owner of the shopping cart, having the written permission of the owner or owner's agent to remove the shopping cart from the owner's premises. Such permission, however, shall contain a requirement that the cart be returned immediately after its use. C. Enforcement Personnel: Any police officer, code enforcement inspector, or designated staff employed by the City of Renton. D. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is either: 1. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart, or 2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner. 3. For purposes of this chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either: a. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or, Ll ORDINANCE NO- b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or, C. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code. d. A customer with written permission from the owner or agent of the owner to take the cart off premises. E. Owner: Any person or entity, in connection with the conduct of a business who owns, leases, possesses, or makes a shopping cart available to customers or the public. F. Parking Area: A parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi -store complex or a shopping center shall include the entire parking area used by the multi -store complex or shopping center. G. Premises: Any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Renton, including the parking area provided for customers in such retail establishment. H. Retail Establishment: Any business located in the City of Renton which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. I. Retrieval Personnel: Those persons identified in the Shopping Cart Retrieval Plan as providing cart retrieval services, whether employees of the business or independent contract services. R ORDINANCE NO. J. `Shopping Cart' or `Cart': A basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 6-27-6 SHOPPING CART CONTAINMENT AND RETRIEVAL PLANS A. Plans Required. Shopping Cart Containment and Retrieval Plans shall be required to be filed with the Development Services Director either: within six (6) months of the opening of the business; or, within six (6) months of the effective date of this ordinance. The plan shall include sections detailing the store's strategy for preventing shopping carts from leaving the business site and parking lot (Shopping Cart Containment), and defining the methods that will be implemented to retrieve shopping carts abandoned off -site (Shopping Cart Retrieval). B. Shopping Cart Containment Plans. Shopping Cart Containment Plans shall detail the business' approach to retain carts on the property occupied by the business. At a minimum, each Shopping Cart Containment Plan must demonstrate how the following requirements B.1 through BA will be met. 1. Signs on carts required: Every shopping cart made available for use by customers shall have a sign permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended: a. Identification of the owner of the shopping cart or the name of the business establishment, or both. b. Notification to the public of the procedure to be utilized for authorized removal of the cart from the business premises. 2 ORDINANCE NO. C. Notification to the public that unauthorized removal of the cart from the premises of the business, or the unauthorized possession of the cart, is a violation of City and state law. d. A current telephone to report the location of the abandoned cart. 2. Notice to customers: Written notice shall be provided to customers, that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Conspicuous signs shall be placed and maintained on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state and City law. 3_ Employee training: The owner of the retail establishment shall implement and maintain a periodic training program for new and existing employees designed to educate such employees of the requirements of the Abandoned Cart Prevention Plan and the provisions of state and City law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. 4. Measures to contain shopping carts on site: The owner of the retail establishment may install specific physical measures on the carts or implement other measures to prevent cart removal from business premises. These measures may include, but are not limited to: a. Installing disabling devises on all carts, b. Posting store personnel to deter and stop customers who attempt to remove carts from business premises, VA prevent cart removal, AM -071► .1108 MIJ C. Installing bollards and chains around business entrances/exits to d. Requiring security deposits for use of all carts, or e. Providing carts for rental or sale that can be temporarily or permanently used for the purpose of transporting purchases. 5. Collaboration with other businesses: Two or more retail establishments located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single Shopping Cart Containment Plan. C. Shopping Cart Retrieval Plan. Shopping Cart Retrieval Plans shall detail the business' approach for retrieving shopping carts removed from the property occupied by the business. At a minimum, each Shopping Cart Retrieval Plan must demonstrate how the following requirements of subsection C will be met. 1. Retrieval personnel. The owner shall provide personnel for the purposes of the retrieval of lost, stolen or abandoned shopping carts. Such personnel may be either employees of the business or one or more independent contractors hired by the owner to provide shopping cart retrieval services, or a combination of both. The Shopping Cart Retrieval Plan shall either: (a) Identify the number of employees who will be assigned such cart retrieval duties, the number of total hours per week that each assigned employee will perform such services, and the training each of such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned shopping carts, or (b) Include a copy of each contract with a cart retrieval service (other than confidential financial information that may be retracted from the contract). 2. Prompt retrieval of carts. The owner shall: 8 ORDINANCE NO. (a) Provide retrieval personnel in sufficient number to assure that all public streets within a minimum one-half mile radius of the premises of the retail establishment are patrolled not less often than every 72 hours. (b) Immediately retrieve and remove each lost, stolen or abandoned shopping cart owned or provided by the retail establishment which is found as a result of such patrols from any public or private property upon which the cart is found. 3. Patrol area and resources. The Shopping Cart Retrieval Plan shall: (a) Identify the streets and bus stops which will be patrolled as required by this subsection as well as the manner, frequency, and times of such patrols. (b) Include information such as the number of trucks, hours of operation and retrieval personnel, as reasonably required by the City to assure that the owner is devoting sufficient resources to cart retrieval operation to comply with the approved Shopping Cart Containment Plan. D. Plan Submittal and City Review 1. Plan review and decision. Upon the filing of any proposed plan pursuant to this chapter, and receipt of the required $100 processing fee, the Development Services Director shall review said proposed plan and either: 1) approve, 2) approve with conditions, or 3) deny the Abandoned Shopping Cart Prevention Plan. If the proposed plan is denied, the notice of decision givdn to the owner shall state the grounds upon which the proposed plan was denied. The owner may appeal a decision of the Development Services Director to the Hearing Examiner in the time and manner provided in RMC 4-8-110. 2. Amendments by owner. The owner of any retail establishment which has an approved Abandoned Shopping Cart Prevention Plan conforming to the requirements of this 0 ORDINANCE NO. chapter may, at any time, submit a proposed amendment to the approved plan, which shall be processed and a decision issued within fourteen (14) calendar days following the receipt thereof by the Development Services Director. 3. Implementation of plan. The proposed measures shall be implemented no later than ninety (90) days after City approval is given, unless otherwise stated in the decision approving the plan. Unless otherwise agreed, any modifications to the plan imposed by the City shall be implemented within ninety (90) days after the City notifies the owner of the needed modifications. E. Appeals. 1. Filing of appeal. Any owner aggrieved by any adverse decision of the Development Services Director pursuant to this chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the Hearing Examiner or City Clerk a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed filed on the date the $75.00 appeal processing fee has been paid. No appeal shall be accepted for filing and processing by the Development Services Director unless accompanied by the appeal processing fee. 2. Notice of hearing. If the appeal is timely filed, the Examiner shall cause the matter to be set for hearing. The appellant shall be provided not less than 10 calendar days written notice of the date, time and place of the hearing. The Hearing Examiner shall conduct the hearing pursuant to the provisions of RMC 4-8-110. F. Failure to File Shopping Cart Containment and Retrieval Plan: Failure to timely file a Shopping Cart Containment Plan or a Shopping Cart Retrieval Plan shall be illegal and an infraction punishable under RMC 1-3-2_ 10 ORDINANCE NO. 6-27-7. RETRIEVAL AND IWOUND PROCEDURES. A. Retrieval of Shopping Carts. The City may immediately retrieve any lost, stolen or abandoned shopping cart within the City where the location thereof will impede emergency services. The City may immediately retrieve any lost, stolen or abandoned cart within the City which does not have the required sign affixed to it. The City may retrieve any lost, stolen or abandoned shopping cart within the City which has the sign affixed thereto after providing the requisite notice to the owner, retailer, or agent, unless such notice has been voluntarily waived by the owner, retailer, or agent. B. Impoundment with Notice. Enforcement personnel may impound a shopping cart which has a sign affixed to it as described above, if both of the following conditions have been satisfied. 1. Location outside of premises. The shopping cart is located outside the premises or parking area of a retail establishment, and, 2. Failure to retrieve cart. The shopping cart is not retrieved within one (1) day from the date the owner of the shopping cart, or its agent, receives actual notice from the City of the shopping cart's discovery. C. Impoundment without Notice. A shopping cart may be impounded without notice if one of the following conditions is satisfied. 1. Hazardous location. If a shopping cart will impede emergency services, or the normal flow of vehicular or pedestrian traffic, or is on private property, City enforcement personnel are authorized to immediately retrieve the shopping cart from public or private property and impound it; or, 11 ORDINANCE NO. 2. Lack of identification. If a shopping cart does not have the required identification sign affixed thereto, City enforcement personnel are authorized to immediately retrieve the shopping cart from the public or private property and impound it. 6-27-8. FEES & DISPOSITION OF CARTS A. Failure to retrieve carts. The City may impound any shopping cart not retrieved by its owner after the owner has received the City's one -day verbal notice. B. Impounded carts. The City shall charge a fee to the owner of a shopping cart if the owner fails to retrieve its impounded shopping cart(s) after receiving notice from the City in the amount of a $50 fine for each cart. Each cart the City collects shall constitute a separate violation. However, any owner having installed a locking device on its carts, and that locking device has been disabled by other than the owner, then that cart shall be exempt from the $50 fine. C. Disposition of carts. The City may sell or otherwise dispose of any cart not reclaimed from the City within 30 days from the date of the City's notification to the owner. 6-27-9. ILLEGAL POSSESSION OR ACCUMULATION OF CARTS A. Any person removing a shopping cart from the premises of an owner, without the written permission of the owner or the owner's authorized agent, shall be guilty of theft in the 3`a degree, which is a misdemeanor. B. Any owner or lessee of residential property that knowingly allows one or more shopping carts to remain on the leased property without written permission of the owner of the shopping cart or the owner's authorized agent, is guilty of possession of stolen property in the 3rd degree, which is a gross misdemeanor. The owner or lessee shall be exempt from the provisions of this ordinance if the owner or lessee contacts the owner of the cart(s) weekly until the carts are removed and asks that the carts be retrieved, keeping a record of such contact. 12 ORDINANCE NO. C. Any owner of multi -family housing which allows an accumulation of three or more shopping carts upon the multi -family premises shall be guilty of a nuisance. Such accumulation shall be illegal, and an infraction under RMC 1-3-2, and punishable thereunder. There shall be an exemption for the owner of any multi -family housing who has sent a letter to all tenants, on a quarterly basis, advising the tenants to not leave shopping carts on the premises of the multi- family property and who has kept a record of such letters. The owner of the multi -family housing, to claim this exemption, must also contact the owner of the carts weekly until the carts are removed, and ask that the carts be retrieved, keeping a record of the date and time of such contact. D. Any owner of commercial or industrial property which allows the accumulation of one or more shopping carts, not maintained as part of the business, shall be guilty of a nuisance. Such accumulation shall be illegal, and an infraction under RMC 1-3-2, and punishable thereunder. The owner of the commercial or industrial property may claim an exemption from this infraction. To claim this exemption, the owner must contact the owner of the carts weekly until the carts are removed and ask that the carts be retrieved, keeping a record of the date and time of such contact. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of y 2005. Bonnie I. Walton, City Clerk 13 ORDINANCE NO. APPROVED BY THE MAYOR this day of 2005. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1165:5/24/05:ma Kathy Keolker-Wheeler, Mayor 14