HomeMy WebLinkAboutUC-92-003 `' 'T '�" CITY'�F RENTON
� Planning/Building/Public Works Department
Ear( Clymer, Mayor Lynn Guttmann,Admic�istrator
April 17, 1992 �If�'lr��'4���ft�!'�)
Mr. Lyle Barger ���: ,� (�
P.O. Box 1046
Weliton AZ 85356 _.•�'��
`.P t Y C�L�F�iC`�C+�tCE
SUBJECT: BRIAR PATCH PLAT
Pursuant to our letter of March 30, 1992, we have approached the Renton City Council
recommending that an exemption from the sewer moratorium be granted for your ten lot
plat. At their regular meeting of April 13, our City Council granted the exemption with the
following conditions:
1) The exemption is subject to all pertinent codes, permits, and fees of the City of
Renton; and
2) A Temporary Service Agreement be recorded against each parcel in the plat. Said
documents shall require that the owner(s) of the property covenant and agree to
participate in the cost of the East Renton Interceptor up to, but not exceeding, a cost
of One Thousand Dollars (S 1,000) per lot. The fee for the East Renton Interceptor
will be due and payable thirty (30) days after the adoption of a Special Assessment
District or other form of assessment. These agreements will be developed and
provided by the Wastewater Utility.
With the granting of this exemption,'the ball is now in your court. We will be anticipating
the resubmittal of your plans (with each and every item from the February 24, 1992 review
comments adequately addressed) and an accompanying letter stating what action your
engineer has taken on each review comment. It is time to bring this plan review to closure,
and it is your responsibility to initiate this process and ensure that your engineer complies
with the City's engineering plan review comments. Please note that the City Drafting
Standards (previously enclosed) do apply to this project.
If you have any questions in regard to these issues, please call Gregg Zimmerman at (206)
277-6178.
Very truly yours,
��
Lyn G ttmann, Administrator
BARG-LTRlMAB:If
cc: Gregg Zimmerman
David Chriatenaen
Mike Benoit
Arneta Henninger
Marilyn J.Peteraen, City Clerk
200 Mill Avenue South - Renton, Washington 98055
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UTILITIES COMMITTEE 7 /�� 9� `��
COMMITTEE REPORT
April 13, 1992
BRIAR PATCH EXEMPTION FROM SANITARY SEWER MORATORIUM
(Referred April 6, 1992)
The Utilities Committee recommends concurrence in the staff recommendation that the ten
lot development known as Briar Patch be granted an exemption from the sanitary sewer
moratorium. This exemption is subject to all pertinent codes, permits, and fees of the City
of Renton and the additional condition that a Temporary Service Agreement shall be
executed and recorded against each parcel in the plat. Said documents shall require that
the owner of the property covenants and agrees to participate in the cost of the East
Renton Interceptor up to, but not exceeding, a cost of One Thousand Dollars (S 1 ,000) per
lot. The fee for the East Renton Interceptor will be due and payable thirty (30) days after
the adoption of a Special Assessment District or other form of assessment.
While the moratorium supersedes all prior commitments for health and safety reasons, this
recommendation is made based on the following facts:
1) The flows to be produced by this development in relationship to the capacity
of the existing sewers and the safety margin built into the model are
insignificant.
2) The staff report to and the subsequent report by the Hearing Examiner are
strong prior commitments.
�
sse Tanner, Chair "�
.T�d'��
Bob Edwards, Vice Chair
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` Timoth J. S I' zer, Member
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UCRBRIAR/MAB:If
cc: Lynn Guttmann
GreQp Zimmerman
Mike Benoit
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April 6. 1992 �Renton Ciri Council Minutes Pa�e 156
Utility: Briar Patch, Utility Systems submitted request for exemption from sanitary sewer
Sewer Moratorium G moratorium for Briar Patch development, ten single-family lots, located at
Exemption, 198 � 198 Union Avenue NE (R-074-88). Refer to Utilities Committee.
Union Ave. NE (R-
074-88) MOVED BY EDWARDS, SECONDED BY MATHEWS, COUNCIL
APPROYE THE CONSENT AGENDA AS PRESENTED. CARRIED.
CORRESPONDENCE Conespondence was entered from 47 concerned citizens regarding
Citizen Commen� 47 legislation to control parking and storing of junk cars, recreational
Letters - Control of vehicles, boats, etc., in residential yards.
Junk Cars,
Recreational Vehicles, Councilman Stredicke stated that no ordinance has been approved on this
Boats, Etc, in issue. He clarified that his intent in requesting the legislation was to
Residential Yards ensure the maintenanc� of Renton's quality of life, and that he was not
advocating restrictions that would preclude recreational vehicle owners
from pazking RV's on residential property.
Councilman Tanner suggested that abandoned/junk cars and recreational
vehicles be addressed as separate issues when considering legislation.
MOYED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL
REFER THE CORRESPONDENCE TO THE PLANIVING AND
DEYELOPMENT COMMITTEE. CARRIED.
OLD BUSINESS Referred 3/16/92 - Transportation (Aviatioa) Committee Chairman
Transoortation Stredicke presented a report stating that the Federal Aviation
(Aviationl Comm[ttee Administration (FAA) requested the eaecution of a Letter of Agreement
Public Works: LOA (LOA) to re-establish responsibilities for control of the movement of
with FAA, Movement aircraft and vehicles on the aircraft movement and non-movement areas
of Aircraft & of the Airport. This agreement will replace a previous LOA with the
Vehicles at Airport FAA, dated 2/1/80.
- The Committee recommended that the Council approve the LOA between
the FAA and the City, Subjec� Movement/Non-Movement Areas; and
authorize the Mavor and Citv Clerk to execute the agreement for the City
of Renton. MOYED BY STREDICKE, SECONDED BY TANNER,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Police: Property Use Councilman Stredicke requested a report from the Administration on the
& Parking, Second & Bryant Motors property at Second and Garden to determine whether it is
Garden, Bryant in violation of City regulations and whether illegally parked vehicles are
Motors blocking the stop sign at that location.
Utilities Commtttee Refened 3/23/92 - Utilities Committee Chairman Tanner presented a
Utility: Cedar River report stating that the Committee recommended concurrence with the
Basin Watershed Administration's recommendation to approve the interlocal agreement
Project Agreement, between King County and the City of Reaton for the development of a
CAG-030-92 watershed action plan for the Cedar River Basin.
The Committee recommended that the Mavor and Citv Clerk be
authorized to execute the interlocal agreement, and that the resolution
regarding this matter be presented for reading and adoption.
MOYED BY TANNER, SECONDED BY STREDICKE, THAT 'THE
COMMITTEE REPORT AND THE RESOLUTION BE ADOP'TED AS
READ. CARRIED. (See Page 158 for Resolution #2891.)
'�rr+' ''�
April 13. 1992 Renton Citv Council Minutes Paae 168
jurisdictions. He advised that he vetoed SB 6273, and has directed the
Department of Agriculture to lead an interagency group, consisting of the
departments of Labor and Industries, Community Development, and
Health and Ecology to coordinate a process to review the issue of local
pesticide regulation.
Council President Keolker-Wheeler expressed appreciation to
Councilmembers, citizens, and organized groups who lobbied against this
bill.
OLD BUSINESS Referred 3/23/92 - Utilities Committee Chairman Tanner advised that the
Utilities Committee proposed agreement with PACCAR for mutual sharing of cost to complete
Utility. PACCAR, a 72-inch drain line in Garden Avenue and related improvements north
Drain Line, Garden & of Park Avenue will be held in committee until 4/20/92.
Park Avenues
Utility: Briar Patch, Referred 4/6/92 - Utilities Committee Chairman Tanner presented a
Sewer Moratorium report stating that the Committee recommended concurrence in the staff
Exemption, 198 recommendation that the ten-lot development known as Briar Patch be
Union Ave. NE (R- granted an exemption from the sanitary sewer moratorium.
074-88)
This exemption is subject to all pertinent codes, permits, and fees of the
�� . City of Renton and the additional condition that a temporary service
agreement shall be executed and recorded against each parcel of the plat.
Said documents shall require that the owner of the property covenants
and agrees to participate in the cost of the East Renton Interceptor up to,
but not exceeding, a cost of One Thousand Dollars ($1,000) per lot. The
fee for the East Renton Interceptor will be due and payable thirty (30)
days after the adoption of a Special Assessment District or other form of
assessment.
While the moratorium supersedes all prior commitments for health and
safety reasons, this recommendation is made based on the following facts:
1) The flows to be produced by the development in relationship to the
capacity of the existing sewers and the safety margin built into the
model are insignificant.
2) The staff report to and the subsequent report by the Hearing
Examiner are strong prior commitments.
MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL ADOPT
THE COMMITTEE REPORT AS READ. CARRIED.
Vacation: VAC-92- MOVED BY MATHEWS, SECONDED BY SCHLITZER, COUNCIL
001, Sunset Ln. NE & REMOVE STREET VACATION OF PORTION OF SUNSET LANE NE
NE l lth St. (Piha; AND NE 11TH STREET (PIHA/KARL) FROM THE TABLE (VAC-
Karl) 001-92). CARRIED. (Tabled on 4/6/92)
Utilities Committee Chairman Tanner presented a report stating that
following further review and clarification, the Utilities Committee
recommended concurrence with the original recommendations as set forth
in the issue paper presented at the public hearing on 4/6/92 concerning
the subject street vacation.
Therefore, if the City Council decides to vacate the right-of-way the
petitioner is requesting, the conditions for approval should include the
following:
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CITY OF RENTON COUNCIL AGENDA BILL
AI #:
Submitting Data: Pl3ririlIlg/BU11d1IIg/PUbI1C WOLICS For Agenda of:
DeptDi�Board.. Utility Systems DiviSloT� A ril 6, 1992
Staff Contact...... M11C0 BOI101t, Wastewater Utility Agenda Status
Conaent.............. X
Subject: Public Hearin
g...
Exemption from Sewer Moratorium for Briar Patch Correspondence..
Ordinance.............
Reaolution.............
Old Busineas........
Exhibits: New Business.......
Issue Paper Study Sessions.......
Information..........
Recommended Action: Approvals:
Legal Dept............
Refer to Utilities Committee Finance Dept......
O t h er...................
Fiscal Impact:
Expenditure Required... jv/[� Transfer/Amendment.......
Amount Budgeted.......... N/[� Revenue Generated.........
Summary of Action:
Mr. Lyle Barger has a preliminary plat approval for a lot he owns within our existing sewer
moratorium. The plat would create ten single-family lots. Mr. Barger needs an exemption from the
moratorium to install the improvements necessary to complete his requirements for final plat approval.
STAFF RECOMMENDATION:
That Mr. Barger be granted a conditional exemption from the sewer moratorium for his ten lot plat
currently known as Briar Patch.
AB-BRIAR/MAB:If
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CITY OF RENTON
MEMORANDUM
DATE: March 30, 1992
T0: Jesse Tanner, Chair
Members of Utilities Committee
VIA: Mayor Clym r
FROM: Lyr�u ann, Administrator
Planning ilding/Public Works Department
STAFF CONTACT: Mike Benoit, Wastewater Utility
SUBJECT: Exemption from Sanitary Sewer Moratorium
for Briar Patch (Lyle Barger - Developer)
BACKGROUND:
On April 3, 1989, a Determination of Non-Significance was published for Briar Patch.
On May 9, 1989, a public hearing was held before the Hearing Examiner for, among
other items, a preliminary plat approval and rezone of the property. The preliminary
plat was approved by Council on June 5th of that year. On July 17, 1989, Council
passed the sanitary sewer moratorium (Resolution 2764).
DISCUSSION:
Mr. Barger's property is within the Heather powns Sub-Basin. During the public
hearing before the Hearing Examiner (May 9, 1989), testimony was given indicating
that the sewers in that basin may have a capacity problem and that this plat should be
allowed to connect to the system subject to the execution of a temporary service
agreement.
It was subsequently determined that the Heather powns Sub-Basin is at capacity
based on the data provided by the model of our sewer system. On July 17, 1989,
Council passed the sanitary sewer moratorium (Resolution 2764).
Mr. Barger claimed that he was "vested" and that the City should guarantee sewer to
his property. The City Attorney has reviewed the case and has made the
determination that the moratorium has the effect of staying other approvals and that
Mr. Barger is not "vested". (See attached letter dated April 15, 1991 .)
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March 30, 1992
Page 2
Sewage flows are not at a constant rate. They are a series of low flows, high flows,
and peak wet weather flows. Sewers are, therefore, designed for a "worst case
scenario". Since we do not know for sure what that flow will be and we hope to
never be in the situation to find out, the City's sewer model was created with a safety
margin built in. By using this safety margin, we hope to avoid any health hazard.
Staff can understand the ambiguity created by the written conditions of the plat
approval and subsequent sanitary sewer moratorium. Because of this ambiguity, it is
staff's opinion, in this specific situation, that since the flow from the additional ten
lots would be within the safety margin, the City should grant an exemption for this
plat.
RECOMMENDATION:
Staff recommends that Mr. Barger be granted an exemption from the sewer
moratorium for Briar Patch. This exemption is subject to all pertinent codes, permits,
and fees of the City of Renton and the additional condition that a temporary service
agreement shall be executed and recorded against each� parcel in the plat. Said
documents shall require that the owner of the property covenant and agree to
participate in the cost of the East Renton Interceptor up to, but not exceeding, a cost
of One Thousand Dollars (S 1,000) per lot. The fee for the East Renton Interceptor will
be due and payable thirty (30) days after the adoption of a Special Assessment
District or other form of assessment.
IP-BRIAR/MAB:If
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Earl Clymer, Mayor �t:,�`;''''
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April 15, 1991
TO: Lynn Guttmann, Administrator
Department of Planning/Building/Public Works
FROM: Lawrence J. Warren, City Attorney
STAFF CONTACT: Dick Anderson, Utility Systems Manager✓
Mike Benoit, Wastewater Utility Engineer
RE: Briar Patch - Sanitar� Sewer Moratorium
Dear Lynn:
In response to your memo of April 10, 1991 I have once again
reviewed the documentation with respect to the Briar Patch.
Things have not really changed since my memorandum of November l,
1989 . To answer your specific question, a Determination of Non-
Significance and the hearing examiner' s report do not guarantee a
development right. A subsequent moratorium adopted by the city
council has the effect of staying the other approvals .
Mr. Barger apparently argues that he has vested rights . The
vested rights doctrine relates to the right to utilize the codes
and regulations in effect at the time a materially complete
building permit application has been filed with the city. The
fact that sufficient utility capacity was available when the
applicant obtained a preliminary plat approval or a rezone does
not mean that the same holds true at the time of building permit
application. If other construction has used up the available
capacity, the city cannot allow a later developer to hookup to the
system and endanger the entire system.
Finally, Mr. Barger apparently argues that he has an unlimited
time to take advantage of the environmental determination and
preliminary plat. That may be the case. However, a preliminary
plat and an environmental determination do not necessarily mean
that one has the right to a building permit. The fact that
sufficient sewer capacity may have been available at the time the
applications were filed does not guarantee that the capacity will
be available later. What is more, a staff inember' s statement that
sewer capacity was available does not supersede the city council 's
later determination that capacity is not available. At least from
my experience, staff does not have the capability to overrule city
council policy.
Post Office Box 626 - 100 S 2nd Street -Renton, Washington 98057 - (206) 255-8678
_ . ., ,
, Lynn Guttmann, Admin�''trator '"�
April 15 , 1991
Page 2
If Mr. Barger wants to build despite the present sewer moratorium
he must obtain authorization to do so from the city council . The
administrative staff is powerless to act in defiance of the city
council direction.
Lawrence J: Warren
LJW:as .
cc : Mayor Clymer
A8 . 68 : 60 .
C1rncr'anil�Carncr Construction (i3riar (':r�,, �
P(', V, nn�i R-074-88
May ►5, 1989
Page 2
Reviewing the proposed Preliminary I'lat for ten (10) Iots with a minimum of 7200 sq. ft., Ms.
Ulauman staled this proposal coinplies wiU� the Comprehensive I'lan's design Cor residential development
in the city; meets front, sicle ancl re�r y�rd setb�cks with (he exception vf Lot ttl now housing a
residence (v;triance Cor Lol es I sell��ck has been requeslecl); tlie lols coni��ly wi(li subdivision regulations
fur size and arr�ngenienl. 'I he residential roaclway cloes nol coniply with respect lo configuration,
sidewalks, planting strips ancl cul-cle-sac - and these concerns �vere adclressed in lhe v�riance requests.
Slaff does fcel tlie boundarics o( the ��lat �re rcasona�le; there are no s(cep slo��es on the site; tlie
localion of the parcels is acce��tabFe; a���>roximalely 100 �dclitional vehicle trips per day are expecled lo
be generatecl but not antici���ted (o procluce adverse ini��acls on tl�e current roaciway system. Slaff feels
any imp�cls can be miligated by lhe properly owners.
f'l�nner f3lauman con(inued with a review oC (he tl�ree Vr�riance requesls to include pipestem access lo
Lot #9 (pipeslems are not usually permilled on residential property), a variance for 40 ft. right-of-way
to include street improveme�ts and � front yard oC ap�iroximately IS feet for proposed Lot t�l.
f'roperty surrounding (his site is cither alreacly in use oF not av;�ilable for develc>��men1; and the
configuration of the a�ptican�'s sile has required extensive sludy and work for lhe city 1nd applicant in
order lo prescnt him wi(h tlie best possiUle use (or lhe si(e given it's perimelers. 'I�he (ire department
turnaround has been accepted; the 32 ft. wicle right-of-w�y is felt by slaCf to be �dequate. Staff
suggested these variances �vill provicle the applic�nt with lhe s�me reason�ble developinent rights as
oU�er propertie� in lhe city �nd will enh�nce the efficienl use and �ccess o( lhe property. ' It was
sugges(ecl that �n aciclitional conclition be placed on lhe properly which would provide for an easement
to be recorded to provide for mainlenaijce of lhe emergency vehicle lurnaround by the owner of Lot
tt8. Ms. fil�uman expresscel sup��ort by staff of the Rezone, I'reliminary I'lal �nd Variance requests and
reviewed the recoiumended conditions contained wi(liin tlie Preliminary Re�ort as shown on page #9 -
wilh the addecl conclition for � Variance to include the filing of an easement for maintenance of the
emergency veliicle lurnarouncl by the owner oC l.ot t�8.
Tes�ifying for the City was I3ob Br�v. �nQineerina Uec�rtment. Citv oC Renton, who referred to the
sani�ary sewer line providcd for tliis p�rticular area. [Ie read into'�the �ecord,�.Exl�ibit;;#6 stating:this,
plat sliould be al(owed to hook up .to the syslem suUject to execut�n��a 4e�npora�yyservice:ag�eementy
requiring them to p�rticip�te in tlie..cost of a`new (runk line �t such time'ns �t is cons[ructed,_ancl that�
Uiis agrcement Ue recorded with the sale of each lot in the�subdivision': Mr. Uray said that sewer plans
required by the ERC havc not bcen submitteQ to rngineering to dale �nd would need to be approved
for a final plat - liis departmcnt lias only reviewed �nd �pprovcd preliminary nlans Cor the sewer
system as well �s a streel ancl utilily syslem. Mr. I3rny advised there nre slill minor problems wiU� the
stornt dr;�inage system which he is confi<lent can be worked out before lhe final drawings.
Also testifying for the city �vas Garlh Crav �t�rm Waler lilitv Den�rtment ��� f Renton. Mr.
Cray sla(ed lhe storm watcr system now m ex�slence was brought inlo being while lhe property was in
K���g County and �fter review by lhe cily it was delerniined it needed lo be updated. Upgrading the
systr.m I<� ❑ 25 yc�r detcnlion ��•ilh � S ��c�r rcicase rale and �n c�scmcnl In h�. rc.r�uircd (o carry the
s�ui�n �l�aii�,igc iic�in !I�� ��I,it �i�n��n fu ils cnlianrr in!:� I•i,���lrt����,�1 C��r:ck is Ihc c�nl�- rc��ui�tuiient his
tl��.��aitinc�,� tC(��Ir�l; (c�i l��c �,I�I. Ilic �li•;i�,i� c)I il,c a�"Iru� ;:_i!I :�on�c clu�ing Uic I�uililii�� 1`C�rnit
�,�c�ccss. Ilc cl;irificcl U�:il �Icvi•In�,nicnl nf I.n� t; ((t ti•:,��il�l I�c cuilail���l t�� ��c�init Ilic city lii��^ la
ciclerniine if slorni �va(er cic(enfi�n coulcl hc hr.lcl lci �ii�ies in llie slreet nitd if Iliere is a design �r,l;!�:>�
(�or Ihal inclh�cl, thcn L.ot tt 10 cc�ulcl bc uscd for dctcntion ���n��oscs. 'I his cicicrmination will bc
��orked oul before lhe Cinal ��lat.
Mr._�f,i����i�e�� �pp�ic�iit, testified in �u�>�iort of his project �ckno��-Icclging his ag�eement wi(h Ihe
condilioi�s of the GRC and lhc Cily of Renloii as ��ronosed. Ife is wciking �vilh his engineer on the
design of tlie pronosed syslenis,lnd wil! bc ��rocceding as soon as nrelimintir.• t���t �pproval is rcceived.
Ile dici nc�te lhat tlie fence on the soulh side of the �are�perly borders Ih^ �en: y��d; ot the [�ern�vood
develonincnt and a nroposed sidewalk on that side of the strce.t woulc; scr,��, a� purpo�e as lhere is no
access to thn( properly from his sile, ns an �dcled com�nent Mr, Carner re�et�ec[ to lhe condition
rega�clin�; a volun�ary con(ril>ution fo the park system. [le �cknowled�;ecl '.:� «•ould have narticip�ted
volunlnrily l�ul did not feel llie city she>ulcl esteblish a specific clollar ;i;nounl. ln closing Iv1r. Carner
aJvisc<I that tlie mobilc liomc on I,ol t��t lias alreacly bcen ►emoved.
"Ihe Examiner G�Iled for further lesfimony reR�rding this project. '1'l�,re ti�•as ac� oiip else wishing to
s��eak, and no Curther comments from staCf. 'I he he�ring closed �t IO:i{) 11.�vt. �