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Home My WebLink AboutLUA78-178 - Vol 2 s �0 U '", x OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON, WASHINGTON 98055 255-8678 OVAemu., ;42, p LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 4s4?CO SEPZtw September 1, 1978 • MEMORANDUM TO: Rick Beeler, Hearing Examiner FROM: Lawrence J= Warren, City Attorney RE: Transamerica .vs City of Renton Dear Rick: • Please find enclosed a copy of a Stipulation and brder for Issuance of Supplemental Writ of Certiorari in the above captioned case, and a Supplemental Writ of Certiorari. The pleadings enclosed require the City to transmit its files Exhibits and tapes to the Superior Court for review. Would you please take the necessary steps to forward all relevant material on this case that was generated during the hearing over to my office for forwarding to the Superior Court. If you have any questions , please"feel free to contact me . .-tA tr,-71(;" .1 Lawrence J . Warren LJW:nd Encl. cc: Mayor Council President Del Mead i,,l`, ✓ OF • R� u O OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 gro LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9�9�rFo ��M��Q� August 28, 1978 SEP Shidler, McBroom, Gates & Baldwin Attorneys at Law 1000 Norton Building eattle, Washington 98104 Attn: Mr. James R. Irwin , Re: Transamerica Development vs City of Renton Cause No . 838739 Dear Jim: Attached please find the original of the Stipulation and Order and Supplemental Writ of Certiorari. You will note that we 6 have inserted the following language in three places : "Questions re: form and party to bear cost of transcript reserved." This will confirm our understanding per my telephone conversation with Mr. Binney of yourr office this morning that the question of whether the transcript of the proceedings shall consist of the tape records of those proceedings , and, if verbatim transcripts are required, which party shall bear the cost of preparation thereof, are expressly reserved for determination by the court in the absence of agreement by the parties . As we have discussed before, it is the City' s position that the tape recordings constitute an adequate record for appellate review by the Superior Court . We understand your position to be that a verbatim transacript is required, and that cost for transcript is to be borne by the City. We have executed the Stipulation for entry for your convenience based on our previous agreement that in the event of a decision adverse to you the rezone record would be made a part of the original, review proceeding. You should also be informed of the City's contention that your action for review of the City Council' s decision is premature in that the Rezone. Ordinance has not yet been adopted. We anticipate the Council will adopt the ordinance at its regular meeting tonight. If you have •further questions, please advise. •Very yours, • Daniel Ke logg DK:bjm Enc y: �3 Vic.r� O e ''!' �,e / `11 / �4 . V U �i '�t Ox z '• o OFFICE OF THE CITY ATTORN EY • RENTON,WASHINGTOI� POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 Oki ,Q ��? LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY .1t0 SEPS�� April 12, 1978 • Hon. Charles J. Delaurenti, Mayor City of Renton Renton Municipal Building • Renton, Washington 98055 • Re : Transamerica vs City of Renton Dear Charlie : As you know, the litigation on this case has been stopped for the time being and the case remanded to the City for hearings on a rezone. Since this case, however, is still in the Court, I would like to see the rezone hearing held as soon as possible so we will know whether or not any further legal action will be taken . I have spoken with Gary Kruger of the Planning Department and he indicates that there is some problem with the Planning Department 'immediately turnihg its attention to this case due to the press of other important projects and a lack of available manpower. The problem is intensified due to the fact that Mike Smith lives on Renton Hill and he has an apparent conflict of • interest with respect to this project. Mike is the member of the Planning staff that normally prepares g Department' s reports to the Land Use Hearing Examiner. Further, Mike' s assistant was recently hurt in an automobile accident . and will be off work for sometime in the future . I think it very important that this project receive some sort of priority and request that you discuss this issue with Gordon Ericksen. The Planning Department is concerned that if they turn their attention to this project that they will be subject to criticism for not pushing other projects that have been referred to them by the City Council or otherwise . Your assistance will be greatly appreciated. Very truly yours , Lawrence J. Warren LJW:tid City Attorney cc : Gordon Ericksen Planning Department City Clerk Counei l PY,,,,; A__� • U tiI W 2 t- 8OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON .�, POST OFFICE BOX 626 100 2r,d AVENUE BUILDING • RENTON, WASI-IINGTON 98055 255-8678 /A 0 O,Q. 0 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 41f0 SEPSW February 23, 1978 MEMORANDUM TO: Gordon Ericksen, Planning Director FROM: Lawrence J . Warren, City Attorney Re: Transamerica vs City of Renton Dear Gordon: Please find enclosed a copy of a Stipulation and Order Modifying Stay of Proceedings in the above captioned matter. As you can see this permits the City to go ahead with its rezone hearings on the Transamerica property. I would ask that you immediately take the necessary steps to start this case in motion.. If you have' any questions on this matter, please feel free to contact me. Lawrence J. Warren LJW:nd cc: Rick Beeler Mayor • Council President Planning and Development Committee Members Del Mead 1 . • 3 . 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONFOR KING COUNTY 5 6 TRANSAMERICA DEVELOPMENT ) • • COMPANY, a California ) • . 7 corporation, . ) 8 , Plaintiff, ) NO. 838 799 9 -vs- ) ' • !' ' • 10 , THE CITY OF RENTON, ) STIPULATION AND• ORDER MODIFYING STAY OF PROCEEDINGS 11 Defendant, ) • 12 . ' :. 16 ,. . . IT.IS HEREBY STIPULATED,by .and .between,the parties • . • • "hereto,`' through their undersigned attorneys, that the Order on • • ' 14, Show Cause' entered in this matter by the above-entitled court on the llth day of January, 1978, may be amended: 'That Order. 15 provided that (1) The writ of certiorari issued on December 27, 1977, to the City of Renton be confirmed;. (2) All proceedings 16 pertinent to the amendment of the comprehensive plan for Renton • Hills, including zoning hearings, be stayed and prohibited until 17 the final determination herein;, .(3) All moratoria on the construction of multi family structures in Renton Hills be stayed and pro- 18 hibited. until the final determination herein; and (4) Plaintiff ' post an injunction bond in the amount of $500..00. 19 ; The parties agree that the stay of proceedings should 20 be lifted. so as to allow the City of Renton to conduct necessary rezoning hearings, subject to the plaintiff's right to request 21 that all of the initial records for the comprehensive plan change. plus any records from the land use hearing examiner's decision ' 22 in the zoning action, together with followup City Council action, ' be certified to the superior court for consolidated review. It . 2.3 is further understood by the parties that such an order would impose an obligation upon plaintiff not to make application for 24 a building permit or any other substantial development permit until, the zoning hearings and subsequent City Council actions 25 thereon have been finalized. • 26 DATED this day of February, 1978. 27 SHIDLER, McBROOM, GATES & BALDWIN PAIN,& WARREN 28 —/ T. I ')�;.. , : & 29 By: --- ! rtc^ir +vF.Ic:'i 1 i:: ,_�. . Craig V. Wentz Lawrence J. Wiirren Attorneys for Plaintiff Attorneys for Defendant 30 31 Stipulation & Order Modifying Stay of. 32 Proceedings - 1 LAW OFFICES OF SHIDLER.McDROOM.GATES&DALDWIN 1000 NOIIION BUILDING SEATILE.WASHINGTON 0R1D4 • 220-4666 • fmn • 1 ORDER • 2 BASED UPON THE FOREGOING STIPULATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the stay of proceedings . 3 hereinbefore entered on January 11, 1978, is modified to allow • the defendant, The City of Renton,to immediately convene a zoning 4 hearing relative to the reclassification of plaintiff's property from R-3 to R-1. This modification is contingent upon fulfillmen. 5 of the following covenants or conditions by the parties: • y• 6 1. If plaintiff's land is rezoned pursuant to the. . above-mentioned zoning hearing and subsequent approvals of de- ' 7 .fendant's City Council, that decision and the entire administra- tive record associated therewith will automatically be deemed •, 8 part of the record of the instant appeal, and will be consolidate• therewith for purposes of trial; 9 . . 2. If plaintiff's land is not rezoned pursuant to the • • 10 above-mentioned hearings and subsequent actions of defendant's City Council, defendant's moratorium on the construction of 11 multi family structures on plaintiff's property will be immedi- ately revoked by defendant's City Council; 12 • 3. Plaintiff Will not apply to defendant for a • 13 building permit or any other substantial development permit until the zoning. hearings and' subsequent City Council actions thereon ' 14 have been finalized: Provided, however, that plaintiff may.make ' application or applications for building or substantial develop- 15 meet permits prior to the termination .of the: zoning hearings 16I upon receiving written consent therefor from defendant. • DONE IN OPEN COURT this day of , 1978. , 17 . 18 JUDGE 19 . Presented by _— 20 SHIDLER, McBROOM, GATES & BALDWIN 21 :. Craig V. Wentz 22 Attorneys for Plaintiff 223 APPROVED AS TO FORM AND NOTICE OF PRESENTATION WAIVED: PAIN &. WARREN 24 !. ( 25 l2� c ,,., c , 77..;--/;o; .1 . _Lawrence J. War en . 26 Attorneys for 'Defendant . 27 I. 28 . . 29 . 30 . • Stipulation & Order . 31 Modifying Stay of 0 Proceedings - 2 , 32 • LAW OFFICES OF SHIDLER.MCUROOM.GATES S.BALDWIN . . 1000 NORTON IIUILOIN•i SEATTLE.WASHINGTON 96164 • 223-4666 . r12' OF R'e a,(41 C dlr eU �Wa�ils' OFFICE OF THE CITY ATTORNEY • RENTON.WASHINGTON .) POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 �� LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY OQgT fD sEPTt�� February 2 , 1978 Shidler, McBroom,Gates 8 Baldwin Attorneys at Law 1000 Norton Building Seattle , Washington 98104 Attention : Mr. Craig V. Wentz Re : Transamerica Development Company vs City of Renton Dear Craig : ' This letter is to confirm our telephone conversation of January 30 , 1978 . During that telephone conversation you indicated to me that your client was agreeable to entering into an Order remanding the present Superior Court Writ of. Certiorari back to the City to conduct the necessary rezoning hearings , subiect to your right to request that all of the initial records for the Comprehensive Plan change , plus any records from the Land Use Hearing Examiner's decision and follow up City Council action be certified up to the Superior Court for one comprehensive review. It is understood that such an Order would impose an obligation upon your client not to make application for a building permit or any other substantial development permit during the rezone application. Mr. Montagne of. Transamerica made similar statements to the Planning Department on February 1 , 1978 . The City of Renton welcomes and respects the responsible , attitude taken by you and Transamerica in handling this matter in a fashion that will hopefully result in an amicable solution short of litigation. We also understand that both your client and the City will benefit by the consolidated hearing if this matter must be litigated. 4r 111, Mr. Craig V. Wentz Page 2 February 2 , 1978 It should also be noted in this letter that I have chosen not to re-note my Motion for Reconsideration and to clarify Order and not to note for the first time my enclosed Motion to Set . Aside your Order due to violation of Superior Court Rules . Also this letter is . a confirmation of our conversation previously held, except for the statements concerning Mr. Montagne 's contacts with the City. If you dispute any portion of this letter, I would ask that you immediately contact me so that we can clarify our understanding. I anticipate receiving. a draft order from you within the next several days . Very truly yours , Lawrence J. Warren • City Attorney LJW:nd Encl . R • Renton City Council 1/23/78 Page 4 Consent Agenda - Continued Consent Agenda MOVED BY CLYMER, SECOND PERRY, COUNCIL CONCUR IN CONSENT AGENDA. Approval CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Fire Station Bids Letter from Mayor Delaurenti recommended Council acceptance of the low bid for the Main Fire Station of John Maples (see attached Architect Present tabulation). The letter explained total cost of the project as Cichanski & Assoc, $906,701 which :is $94,555 over budget. The letter recommended the additional money be borrowed from the Street Forward Thrust Fund and a percentage of the Utility Tax be set aside in 1979 to repay loan. The letter noted meeting with the architect and Fire Station Advisory Committee. MOVED BY CLYMER, SECOND THORPE,.COUNCIL REFER • THE MATTER TO THE WAYS AND MEANS COMMITTEE. MOVED BY THORPE, SECOND CLYMER, AMEND MOTION TO INCLUDE PUBLIC SAFETY_COMMITTEE REFERRAL. • MOTION CARRIED, MOTION AS AMENDED CARRIED. Renton Hill and Letter from Kathy Keolker, President of the Renton Hill Community Transamerica Association, notified Council of the unanimous decision of the Court Case Renton Hill Community Association and Board of Directors to author- . i.zed and encouraged their attorney, Bob McBeth, to petition the court for permission to intervene in the pending lawsuit which the Tr.ans- america Corporation has filed against the City. The letter ex- plained the association and Mr. McBeth would assist the City and defend the City's actions in changing the City's Comprehensive Plan to single-family-use designation on Cedar Ave. S. MOVED BY • • PERRY, SECOND THORPE, COUNCIL REFER THE MATTER TO THE CITY ATTORNEY • FOR ADVICE TO COUNCIL. CARRIED. Council Agenda Councilman Clymer presented a letter from Washington Natural Gas Scheduling Co. received after the closing of agenda scheduling. Clymer Moved, Thursday Noon seconded by Shinpoch, that the matter be referred to the Ways and Deadline Means Committee as action was needed by the time of the next Council • Upheld meeting. . SUBSTITUTE MOTION BY THORPE, SECOND STREDICKE, THE LETTER BE PLACED ON THE REGULAR AGENDA FOR THE NEXT COUNCIL MEETING ON • FEBRUARY '6, 1978. ROLL CALL: 4 AYE: TRIMM, STREDICKE, THORPE, PERRY; 3-NO: CLYMER, SHANE, SHINPOCH. MOTION CARRIED. NEW BUSINESS MOVED BY SHANE, SECOND PERRY, COUNCIL REFER THE MATTER OF POLICE Police Escort ESCORT SERVICE FOR ALL FUNERALS TO THE COUNCIL'S PUBLIC_ SAFETY COMMITTEE, CARRIED. Traffic Signals MOVED BY SHANE, SECOND STREDICKE, COUNCIL REFER TO THE TRANSPORTATION COMMITTEE THE SUBJECT MATTER THAT. FOLLOWING TRAFFIC SIGNALS BE OPERATED ON CAUTION EXCEPT DURING THE PEAK WORKDAY HOURS OF 7:00'to 8:30 a.rn. AND 4:00 to 5:30 p.m.: THIRD AND FOURTH.AVES.N. AT FACTORY, WILLIAMS N., GARDEN N. AND BRONSON WAY. ROLL CALL: 5 AYE: TRIMM, • SHANE, STREDICKE, THORPE, PERRY; 2 NO: CLYMER AND SHINPOCH. MOTION CARRIED. Speed Limit • Councilman. Shane asked that the sued limit he raised from 35 mph to •40/45 mph on the Maple Valley Highway, Cemetery Road (NE 4th St.), Lake Washington Boulevard and Sunset Boulevard. Moved by Stredicke, Second Shane, council refer the matter to the Administration to check speed limit on these streets and report back. ROLL CALL: 3-AYE: SHANE, STREDICKE, THORPE; 4-NO: CLYMER, TRIMM, SHINPOCH AND PERRY. MOTION FAILED. • Councilman Shane Proposed motions by Councilman Shane which received no second: All City employees be given eight months to •live within the City. All City employees will be given same wage increase and benefits given to Police and Fire personnel. Executive Session MOVED BY CLYMER, SECOND PERRY, COUNCIL MEET. IN EXECUTIVE SiThSIOIi RE LABOR NEGOTIATIONS. CARRIED. Members of the audience and staff not involved were requested to leave the Chambers at 10:50 p.m. COUNCIL ADJOURNMENT MEETING ADJOURNED AT 11:25 p.m. • Delore�� ad, Cit Clerk I 7 ......--- • i -4.3-7if 532 Cedar Avenue South Renton, Washington 98055 January 16, 1978 c, RECEIVED Honorable Charles J. Delaurenti, Mayor Members of the Renton City Council • JAN 17 DOB • Members of the Renton Planning Commission r • Renton City Hall CITY OF RENJON 200 Mill Avenue South J MAYOR'S OFFICE • Renton, Washington 98055 Dear Mayor, Council Members, and Commissionerse •,, This letter is to notify you of the recent action taken by the Renton Hill Community Association. By unanimous vote, the Renton Hill Community Association Board of Directors has authorized and endouraged our • attorney, Bob McBeth, to petition the court for permission to intervene in the pending lawsuit the Transamerica Corporation has filed against the City of Renton. The association and Mr. McBeth will take whatever steps are _..., appropriate and necessary to assist the. City of Rento 1 7 and defend, the actions the city has taken to encoura l' ilep responsible growth for Renton Hill as a single fami A Ap neighborhood. fr - ' it is our position that, by changing the city' comprehensive land use plan to single family use t; e0/1. 4,,,, p, designation on Cedar Avenue, the city has responded w "Iltplel,,,`:, ,• -• to the demonstrated needs of the people in a small 4 4> 4 (ili /Ods ,e and, unique family neighborhood - the needs and concer • c listi that have been presented in numerous public hearings and committee sessions with both the Planning Commission and the City .Council. We thank you for your actions to save our neighborhood and offer continuing support to asSist you in whatever manner we can. . ._ Sincerely. 10664j /V-C-allel-"---J Kathy Keolker, President Renton Hill Community Association • , • et., Celle-- -p--e-ci 7 • T. , 7) ) , -- , ''c' . Yeti•-�' �'•C c- � � `' .�, , �_.. \11?'13 hf �_ / ,. ..� .) / - /6 . 7 r, — 41 L. RECEIVE p �, �J;J, i CVW: j 1 `f'� CM of RENcON —" /1. 37 1/11/'T8 GE: _i -_. caws OFFICE Sip r,;,1,,.. C0l' 61 c.4c ERdo, eb�i rod' 1 . P kl c SEArrt6 t•iti. tr 3 . 4 IN. THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 _ TRANSAMERICA DEVELOPMENT ) . 6 COMPANY, a California company, ) . 7 ) NO. 838 7,9 . Plaintiff, ) • 8 v. ) ORDER ON SHOW CAUSE • 9 ) THE CITY OF RENTON, ) . . 10 ) 11 Defendant. ) ) 12 • 13 This matter having come on for hearing before the under- 14 signed judge on the - Motion of Plaintiff, that the Defendant, City ' 15 of Renton, show cause, if any it have, why the writ of certiorari . . .16 issued on December 27 should be modified or quashed , and the Court 17' having considered the files and records herein, and the arguments • 18 • of counsel, and having found that the writ of certiorari issued on 19 December 27, '1977, against the City of Renton was in all respects 20 'proper, it is hereby , .21 ORDERED, ADJUDGED AND DECREED that: 22 1 : The writ of certiorari issued on December 27 , 1977 , 23 to the City of Renton is confirmed; : 24 2. All proceedings pertinent to the amendment of the con- • 25 prehensive plan for Renton Hills , including zoning heprings, are 26 stayed and prohibited until the final determination herein; ' 27 3. Ali moratoria on the construction of multi-family 28 structures in Renton dills are stayed and prohibited until the ' 29 final determination herein; and 30 4 . Plaintiff posts an injunction, bond in the amount of . 31 $500 . 00 .. . . ' 32 • DATED this // day of Januar ' . 33 ' Presented by : iln-f7etg t, 34 SH R,IpLE f-33 OM, ' `PE ALDWIN JUDGE WILLIAM C. GOODLOE • By/ 2 _ raig V. • _ntz, tor e or Plaintiff LAW OFFICE';O1- SHIDLER,. McBROOM. GATES JS BALDWIN .a y 1000 NORTON RVIL O' J(3 Order '1 crinT, r'n tle-n ' SFATTIv WnSTIIMrr,,. ^.•"i 4 I .A • • • • • STATE OF WASIi1NGTON l �, r-- ' ' County of King 1 , ,1t of the S,rerinr Court , I, R.E. P.OARI4IAN, Acting C:c our • County of i.i.. certify xz+�` of thrt State ,of Wrsiuug:ea, for: the ,.:'il as • .t i�., o,.•�: ' � same that 1 ' ...... ` •• , •. Ili.uI la:, .1 ill ;oy (,:'. i ... -' �,: ..1 iitr ..'r `'`' ,s o a thereof. the 5:.; of iJ lt.: :.ZA :.. a. ..._ • a� .t tr,',r._r%pt s� �. IS a L:'• - •. [t �;:. .. ;+.i: wiii):cd the '!_ r I have lI^V:?1:113 •• " t•`" IN �i_'.,:,,. . n ... •'1 fiat'-ai:=;,.li_t(liS........................•• •SS J of s.ti,i.,Saye':ar t;outt at Lay o dap ofz}Aiki•4.4.197a•19 r.'';";j'S,•Er 111 riot Court Ckcfc t „ty Clerk • Renton City Council 1/16/78 Page 2 Public Hearing - Continued Alley Vacation Gonnason reported valuation of $1.07 per sq.ft. with 1/2 appraised Kennydale value 5311Q, noting 50 ft. lots and that home owners had been advised Continued of $100 fee or 33 1/3t per sq.ft. MOVED BY SHINPOCH, SECOND THORPE, Council concur in Transportation Committee report to vacate that portion of the alley which is the subject of the public hearing. MOVED BY SHANE, SECOND CLYMER, Amend motion, Resolution be drawn vacating entire alley. Acting City Attorney Warren advised of need for public hearing. SUBSTITUTE MOTION BY THORPE, SECOND SHINPOCH, Matter of Vacation COUNCIL SET NEW PUBLIC HEARING TO CONSIDER VACATION OF ENTIRE Tabled until ALLEY AND THE MATTER BE TABLED UNTIL THE PUBLIC HEARING. CARRIED. Public Hearing MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL INSTRUCT ATTORNEY TO 2/27/78 DRAFT A RESOLUTION SETTING DATE FOR'PUBLIC HEARING ON THE VACATION OF THE ENTIRE ALLEY 2/27/1978. CARRIED. Time: 8:33 p.m. CONSENT AGENDA Councilman Stredicke called attention to the following item and asked the matter be removed from the Consent Agenda for discussion: Dean W. Bitney Rezone R-100 from"G" to Mobile Home Park located Bitney Rezone west of NE 4th St. and west of Union Ave. NE, having been approved R-100-77 with conditions by the Hearing Examiner; Council concurrence Tabled recommended. Councilman Stredicke questioned lack of presentation to Council, whether or not conditions as required by restrictive covenants have been met'on'previous mobile home park development adjacent to present property, and means of inspection to see that present restrictions will be met. Councilwoman Shinpoch noted information materials distributed to each Council member. Planning and Development Committee Chairman Perry noted procedure wherein the Committee did not report on Hearing Examiner items which are not appealed. MOVED BY THORPE, SECOND SHANE, COUNCIL TABLE THE REZONE FOR ONE WEEK AND STAFF REQUEST PROPOSED DEVELOPER TO BE PRESENT. ROLL CALL: 4-AYE: TRIMM,. SHANE, STREDICKE, THORPE; 3-NO: CLYMER, SHINPOCH AND PERRY. MOTION CARRIED. Consent Agenda These items are distributed to-all Council Members for study, are considered routine and are enacted by one motion without discussion unless requested: Board of Ethics Letter from the Renton Board of Ethics announced the 1978 meeting schedule, quarterly meetings the 2nd Tuesday of January, April, June and October at 7:00 p.m. Room 401 City Hall. The letter requested input from those persons associated with City business affairs in order to implement provisions of the Ordinance. Voucher Vouchers for approval submitted by the Ways and Means Committee Approval having received departmental certification as to receipt of merch- andise and/or services: Vouchers 16551 through 16612 in the amount of $125,938.19 plus LID #302 Cash and Revenue Fund Warrants: R-11 $4,335.17; C-14 $335.17; C-15 $4,000. Council approval for payment. (Vouchers No. 16544 through 16550 machine voided Transamerica Superior Court Order to Show Cause No. 838 799 Transamerica Develop- Development Co. ment Co. vs. City ordered and decreed that the writ of certiorari Court Case issued on 12/27/77 to the City is confirmed; all proceedings perti- nent to the amendment of the comprehensive plan for Renton Hills, including zoning hearings, are stayed and prohibited until the final determination herein; all moratoria on the construction of multi- family structures in Renton Hills are stayed and prohibited until . final determination herein; and Plaintiff posts injunction bond of $500. Refer to City Attorney. Annual Cash Flow Letter from Finance Director Marshall requested a resolution trans- Problem ferring $900,000 from Street Forward Thrust to Tax Supported Funds pending receipt of property taxes for 1978. Refer to Ways and Means Committee. Appointment Letter from Mayor Delaurenti reappointed James Medzegian, 2617 NE 18th Street to the Board of Ethics for a four-year term effective through 12/31/81. Mr. Medzegian was appointed to the Board 2/77 as the member from the Board of Directors of the Greater Renton Chamber of. Commerce, replacing Harry Haight. Refer to Ways and Means Committee. `: 1� vussra�0 ' 2 OFFICE OF THE CITY. ATTORNEY • RENTON,WASHINGTON z o balLa •`'•q5 POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON, WASHINGTON 98055 255-8678 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY ��rfo SEP1°4 January 4 , 1978 Presiding Judge King County Superior Court King County Courthouse Seattle, Washington Re : Transamerica Development Company vs City of Renton King County Cause No. 838799 Dear Sir : Enclosed please find copy of. "Motion to Quash Application for Writ of Ceriorari in Whole and in Part and Motion to Require Posting of Bond" in the above captioned matter. A hearing on this matter has been set for January 6 , 1978 at 9 : 30 A.M. Very truly yours , Lawrence J. Warren City Attorney LJW:nd Encl. . Renton City Council 1/9/78 Page 2 Consent Agenda LEOFF Board effective to 3/1/80, having served on the Board since 11/1/76 • Continued completing the term of former Councilman Robert McBeth. Informa- tion only. no Council action required. • Appointment Letter from Mayor Delaurenti appointed James Dalpay, 1030 N. 38th St., to Position No. 2 on the Board of Adjustment completing the term of John Qualls, who has resigned. Appointment effective to 9/6/79. The letter .explained Mr.. Dalpay is engaged in home build- ing and land development. Refer to the Ways 'and Means Committee. Claims for ' Two claims for damages were filed by Washington Natural Gas Co. . Damages . (1) In amount of $33.30 alleging damage to service at 2624 Jones NE; (2) In amount of $129.59 alleging corrosion to service at 611 Renton Ave. S. Refer to City Attorney and Insurance Carrier. • • Hearing Examiner Preliminary Plat 086-77 and Exception 106-77, Glacier Park Company, Decision property located south of existing Mobile Oil and Olympic Pipeline Preliminary Plat Oil distribution facility, west of East Valley Rd. and north of and Exception SW 43rd St. , request for proposed industrial park plat was approved Glacier Park with conditions. The exception was requested to the Subdivision ordinance regarding length and width of cul-de-sac and block re- quirements within the preliminary plat for proposed industrial • park with streets and utilities for future commercial and indus- . trial development. Council approval. • • Hearing Examiner Rezone 105-77 Ivan G. and George S. Werstiuk, Hearing Examiner 'Decision ' approved Rezone to R-2,SR-2 and R-1 subject to conditions for Werstiuk Rezone five acres located on the east side of Kennewick P1 . NE between NE 30th and the old Pacific Coast RR right-.of-way. Refer to the Ways and Means Committee for proper ordinance. • Consent Agenda 'MOVED BY CLYMER, SECOND PERRY, COUNCIL APPROVE THE CONSENT AGENDA. Approval CARRIED. • CORRESPONDENCE AND CURRENT BUSINESS Burning Permits Letter from Fire Chief Geissler reported increasing difficulty in denial of Residential Burning Permits except for the limited • period during Spring and Fall Clean-up; that the permits,could • be issued at several periods without 'problems for the Fire Depart- ment and be in compliance with the Puget Sound Air Pollution Control Agency's Regulations and aid in eliminating hazards from yard debris. The letter requested authority to .issue Residential Burning Permits at the discretion of the Fire Chief between 10/1 and 4/30 each year, being in compliance with Puget Sound Air Pol- . lution Control-Agency Regulations. MOVED BY CLYMER, SECOND PERRY, COUNCIL REFER THE MATTER TO THE (NEWLY TO BE CREATED) PUBLIC SAFETY COMMITTEE FOR REVIEW AND REPORT BACK. CARRIED. Human Rights Letter.from James V. Medzegian, President.of the Renton Chamber Ordinance of Commerce pointed out the proposed Human Rights ordinance is a duplication of, existing Federal and State laws and suggested the ordinance is not needed by .the City. The letter also stated the duplication would impose further burdens and expense on the City and on the business community and recommended against adop- tion of, the ordinance. MOVED BY PERRY, SECOND THORPE, COUNCIL WITHHOLD ACTION UNTIL ORDINANCE IS PLACED ON SECOND AND FINAL READINGS. CARRIED. • Transamerica • Writ of Certiorari has been filed against. the City by Transamerica Development Co. Development Co. alleging (1) erroneous legal determination; and, vs. City . illegal procedures; (2) acted illegally; (3) exceeded jurisdiction Case No. 838799 and (4) proceeded in conflict with the course of the common law; . • inadequate notice, encouraging taking of plaintiff's land without- fair compensation, arbitrary and capricious action, etc. Letter from Acting City Attorney Warren reported that on 1/6/78 Judge Goodloe of the King County Superior Court issued Certiorari against the City to permit Court review of the changes in the Comp- ehensive Plan for Renton Hill; requiring the City to certify all Renton City Council . 1/9/78 Page 3 Correspondence and Current Business - Continued . Transamerica records for review by the Court. Trial date to be given, Attorney Court Case Warren anticipating early date. The letter noted the Attorney Continued would be going back to the Court to obtain clarification as wording would prevent the City from taking any action on Renton Hill • , • and the Attorney was of the opinion the intent was to limit the City's right to act strictly to the Transamerica property. Councilman Perry inquired of Planning Director Ericksen re P.U.D. application, being advised that consultant working for Mr. Farrell had indicated intent to present plans for P.U.D. but plans have not been received. Appeal of Appeal of Hearing Examiner's decision was filed by Roger E. Berg SCS & Stirskey re SCS & Stirskey Holdings Rezone 091-77 from R-2 .to R-3 for Holdings R-091-77 property located north of the Seattle Pipeline R/W just south of Rezone Denied. SW 2nd St. and between the City limits and Hardie Ave. SW. Hearing Examiner Land Use Hearing Examiner recommendation: Denial. The appeal . Denial Upheld alleged Examiner was not logical and decision not based on facts and testimony and claimed error in judgment. The Planning and Development Committee report submitted by Chairman Perry reported examination of the record and the Examiner's decision, findings and' conclusions pursuant to Section 4-3017, and recommended that the City Council concur in the recommendation of the Hearing Exami- ner for denial of the rezone request of R-2 to R-3.and refer to the Ways and Means Committee. MOVED BY SHINPOCH, SECOND THORPE', LOUNCIL CONCUR 1N 1HL RECOMMENDATION OF THE PLANNING. AND DEVELOP- . MENT COMMITTEE, CONCUR IN EXAMINER'S RECOMMENDATION FOR DENIAL OF REZONE. CARRIED. Appeal 'of Appeal of the Hearing Examiner's reconsideration decision dated . Examiner's 12/9/77 was filed by Richard and Arlene Ross for Short Plat . Reconsideration 088-77 and Exception 089-77, property located in the vicinity of R. P. Ross et ux 516 SW 3rd Pl. along the north side of SW 3rd Pl. approximately Short Plat 088-77 midway between Earlington Ave. SW and Stevens Ave. SW. The appli- and Exception 089 cant had requested approval of a two-lot short plat and approval of exception allowing access to one of the two lots via existing '20 ft. easement road in lieu of standard frontage on a dedicated public right-of-way. The appeal,.charged error in judgment or . law and explained being owners of the property for T3 yrs.; prior to . change in ordinance in 1971 owner had right to short plat and build ; ;"; on the lot; noting three adjoining owners have developed their ^``h '° • property using the easement road in the manner now being denied and without request to furnish 40 ft. r/w. Planning and Develop- ment Corrunittee report was presented by Chairman Perry noting review of record according to City Code and recommended that the Council concur in the recommendation of the Hearing Examiner for denial of the short plat and exception and refer the item to the Ways and Means Committee for proper resolution or ordinance. Moved by Shinpoch, Second Perry, Council concur in the committee • report. Councilwoman Thorpe inquired regarding dedication of the right-of-way. Councilman Perry used map showing area and discus- sion ensued regarding access to the subject property. Mr. Ross, being present, advised perpetual 20 ft. easement providing ingress and egress and utilities had been submitted with the application. MOVED BY CLYMER, SECOND THORPE, THE ROSS APPEAL MATTER BE REFERRED BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR ONE WEEK. CARRIED. Human Rights Letter from Y.W.C.A. President Sharon Wylie, Committee of Manage-' ment of the East Valley YWCA, complimented the City for continu- ing interest in human rights for the community. The letter noted . . emphasis on the goal by the YWCA to eliminate prejudice and in- justice and went on record supporting the adoption of the revised Human Rights Commission ordinance. Introductions Mayor Delaurenti introduced newly appointed State Senator "Bud" Shinpoch and State Representative Avery Garrett. 4pF - v A . a U WV • OFFICE OF THE CITY ATTORNEY • RENTON.WASHINGTON z ''^ $ POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON, WASHINGTON 98055 255-8678 P <Z. LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 44. f� sEPjC-11‘4 January 9 , 1978 Hon. Charles J. Delaurenti, Mayor Members of City Council City of , Renton Renton, Washington 98055 Re: Transamerica Development Company vs City of Renton King County Cause No. 838799 Dear Mayor and Council Members: This letter is to advise you that on January 6 , 19.78 , Judge Goodloe of the King County Superior. Court, decided to issue the Writ of Certiorari against the City of Renton to permit Superior Court review of the changes in the Comprehensive Plan for Renton Hill . This Writ will require the City to certify to the Superior Court its records, exhibits , etc and a full transcript of the proceedings so that the Superior Court can conduct a full review. A trial date will be obairied after the City has certified the records to the t ' Court . frr. Early trial dates are given, usually, for such writs . In the meantime , I will be going back into Court to obtain clarification of the original Writ. The way the Wr-;_t was worded it would prevent the. City from taking any actions on Renton Hill and I am sure the intent was to limit the City' s .right to act strictly to the Transamerica property. If you have any questions about this matter, please feel free to contact me . Very truly yours, Lawrence J . Warren City Attorney LJW :nd 1 Y f�) • • SHIDLER, MCBROOM. GATES & BALDWIN • LAW OFFICES ROGER L.SHIDLER (206) 223-4666 1000 NORTON BUILDING GEORGE W. McBROOM WILLIAM H. GATES SEATTLE.WASHINGTON 98104 WILLIAM F. BALDWIN JAMES R. IRWIN December 28 , 19'/7 7 _ - JAMES C. MIDDLEBROOKS RICHARD B. DODD FREDERICK ROSS BOUNDY JAMES L.FLETCHER • • CRAIG V. WENTZ DAVID T. McDONALD :6 PATRICIA J. PARKS • 177:(771.11 DALE K. ROUNDY D GARY D. HUFF WILLIAM A.BUTLER f'Trp• • • L ' `i pE� Honorable Charles Delaurenti • Mayor ,- JThe. City of Renton • City •Hall Renton, Washington Re: Transamerica Development Company v. City •of- Renton . Dear Mayor Delaurenti: • • Enclosed is the original. of Writ of Certiorari, a copy of which has been served upon you. However, the original must be served and your response filed with the court as indicated in the writ, i .e . , February 15, 1978 . • Singaely, CrA4.143J-V. Wentz ~-•- CVW:pm ENC: , a7t1111 111 ,' ' . CO. C, arfi,e� , __ "j ��' • c� c,�.. RCEIVED n 1 d/w . cm oc Retv�oy °�. d4"w""-,� CLEWS aFFIce- • 32.0 . 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY • 5 6 TRANSAMERICA DEVELOPMENT ) COMPANY,' a California ) . 7 corporation, ) . . ) 8' Plaintiff, ) NO. $if�Jlt+'-9 9 -vs- ) 10 THE CITY OF RENTON, / WRIT OF CERTIORARI • 11 Defendant. ) . ) . 12 ' 13 TO: CHARLES DELAURENTI, MAYOR OF THE CITY OF RENTON 14 AND TO: DELORES MEAD, CLERK OF THE CITY OF RENTON 15 AND TO: MEMBERS OF THE RENTON CITY COUNCIL, To-wit: 16 KENNETH: BRUCE BARBARA SHINPOCH EARL CLYMER RICHARD STREDICKE 17 GEORGE PERRY THOMAS TRIMM . PATRICIA SEYMOUR-THORPE 18 • AND TO: THEIR RESPECTIVE ATTORNEYS • 19 20 WHEREAS, it has been represented to this court by the 21 application and affidavits in support thereof of William A.- 22 Montagne and Craig V. Wentz on file herein, that you have (1) 23 made erroneous legal determinations and followed ,illegal pro- 24 cedures; (2) acted illegally; (3) exceeded your jurisdiction and 25 . (n') proceeded in conflict with the course of the.common law, all I J 261 of which have materially prejudiced the plaintiff, by providing 27 ! inadequate notice of your several actions, by ignoring the re- 281 quirements of the State Environmental Policy Act of 1971, by . 291 interferring with plaintiff's contractual rights and/or expectan- 30 cies, by encouraging the taking of plaintiff's land without fair ' S1 • compensation, by acting arbitrarily, capriciously and in a dis- 32 Writ of Certiorari - 1 ' LAW OFFICLS OF ' SHIDLER.McBROOM.GATES&BALDWIN II 1000 NONFON BUILDING SEATTLE.WASHINGTON OL104 • II 223.4666 II �, . I 1 criminatory manner with respect to plaintiff's land and by • 2 violating the appearance of fairness doctrine; and 3 WHEREAS, by order of this court duly given and made in ' 4 the above-captioned proceedings on the 2i day of keir„. . , 5 1977, it was ordered that a Writ of Certiorari issue to you, • ' 6 Now', Therefore, • 7 YOU ARE COMMANDED to fully certify and return to this 8 court on or before the %S day of :4-ijao , 1978, a full, 9 true and complete transcript of the entire record and proceedings 10 in this matter, aforesaid, as fully as the same are now before you, . 11 'including the testimony given at. hearings held before you and 12 before your Planning Commission,. to the end that• the same may 13 be reviewed by this court and such action taken thereof as of 14 right and as according to' law shall be taken and done, and that 15 you are commanded and required to desist from further proceedings 16 in the matter to be reviewed. • 17 DONE IN OPEN COURT this 'L/ day of , 1977. . 18 ""S .n' j• ^:1^C . A L �s- 19 JUDGE/COURT COMMISSIONER 20 King .County Superior Court 21 22 King County Superior Court Clerk 23 Presented by C(erk r;..;'ta Super Court SHIDLER, McBROOM, GATES & BALDWIN y�;y;,:zCr,}i;.!ya','la;rl, 24 r.1 _ !.. / AY 25 By:. r?.ay`4.•I,. • I - ''� C 'g V. Wen&' 26 of Attorneys for Plaintiff 27 28 I 29 30 t 31 ' 32 Writ of Certiorari -2 • ', LAW OFFICES'OF SHIDLER.McDROOM.GATES A GALDWIN I 1000 NOFIION BUILDING 11 SEATTLE.WASIIINGTON 98104 i II V 1 . 2 • 3 • 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 . . 6 TRANSAMERICA DEVELOPMENT' ) COMPANY,a California ) 7 corporation, ) 8 Plaintiff, NO. • 838799 9 -vs- 10 THE CITY OF RENTON, APPLICATION 'FOR WRIT OF CERTIORARI 11 Defendant. • ) • • 12 13 COMES NOW, TRANSAMERICA DEVELOPMENT COMPANY, by its ' • 14 attorney, Craig V. Wentz, of Shidler, McBroom, Gates & Baldwin, 15 and petitions the above-captioned court for a Writ of Certiorari 16 directed to the Mayor and City Clerk of the City of Renton and 17' the Renton City Council, in respect to the City Councils adoption 18 on the 5th day of December, 1977, Of. an ordinance amending the 19, Comprehensive Plan for the area in which plaintiff's land is situ- • 20 ated and passage of a resolution continuing a moratorium on the 21 construction on multi-family structures in the area in which the 22 plaintiff's land is situated. 23 j Said writ of review should direct the Mayor, City Clerk •I 24.i and the City Council to certify to this court at a specified time 25 and place, a full transcript of the records and proceedings had in 26 said cause for review herein, including all proceedings and de- i • 27 i liberations held under the auspices of the Renton City Planning, . 28 i • Commission, its staff, and any committees of said council, and that thereupon the court review the same as to a claim by the 30 Ii • plaintiff herein that the City of Renton, through its City Council • 31 37 Application for Writ LAW OFFICES OF SIi1DLER,MCRROOM,GATES&BALDWIN . of Certiorari - 1 1000 NORTON BUILDING • SE ATT LE,WASHINGTON 95100 2?3 4666 , i • I • • 1 and Planning Commission has (1) made erroneous legal determinations ' a ' 2 and followed illegal procedures; (2) acted illegally; (3) exceeded 3 its jurisdiction; and (4) proceeded in conflict with the course of 4 the common law, all of which have materially .prejudiced the plain- . 5 tiff, byproviding inadequate notice of its several; actions,.,by •. ' • 6 ignoring the requirements of the State Environmental Policy Act of • 7 1971, by interferring with plaintiff's contractual rights and/or " 8 expectancies,. by encouraging the taking of plaintiff's land without • • 9 fair compensation, by acting arbitrarily and capriciously and in a 10 discriminatory manner with respect to plaintiff's land, and by 11 violating the appearance of fairness doctrine. 12 The plaintiff further petitions the court to stay all 13 proceedings under the unlawfully amended Comprehensive Plan and 14 unlawfully issued moratorium pending such review. • . 15 This application is based upon the affidavits of ' . 16 .William A. Montagne and Craig V. Wentz, hereto attached and-by . 17 this reference made a part of this application. 18 DATED this 23rd day of December, 1977. 19 SHIDLE cBROOM, GATES & B WIN • 20 21' Cz iq V Ner(tz �•-'� • of Attorneys for Plaintiff 22 • 23 ` 24. • • 25 •• 26 27 . • 28 29 • 30 . . 31 Application for Writ of Certiorari - 2 • LAW OFFICES OF •• 32 SHIDLER;McBROOM.GATES&BALDIY" • • 1000 NORTON BUILDING SEATTLE.WASHINGTON 08104 . i 777 4S65 II • ^ , C. 10 f/ A rr.!%. ' IN THE SUPERIOR ODURT OF THE STATE OF WASHING/IONTOR KING COUNTY . TRANSAMERICA DEVELOPMENT COMPANY, ) 838'i � ''s -.;;y; . a California corporation, ) _ t i . • • Plaintiff, ) NO. 'fr. ' - -vs- ) AFFIDAVIT OF WILLIAM A. M:)NTAG;W, VICE PRESIDENT OF TRANSAMERICA T 1E CITY OF REiflt)N, )• DEVELOPMENT COMPANY, IN SUPPORT OF APPLICATION FOR WRIT OF eF LIORkRI Defendant. ) • • STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN FRANCISCO ) ' . WILLIAM A. NONTA , being first duly sworn, upon oath, deposes •• • • and says: 1. I am Vide President of Transamerica Development Cerny • ("Transamerica"), a California corporation; with its principal office . located in San Francisco, California. 2. Transamerica is the owner of approximately 11 acres of unim- _1-- proved real property located in the Renton Hill area of the City.of Renton between the southern end of Cedar Avenue South and Puget. Sound Power and • . Light Company's'transmission lines. ' 3. The property described in paragraph 2 has been zoned for multi- family'medium density use (R-3), for at least as long as Transamerica has' owned the property, which has been the last twelve years. • 4. 'On September 14, 1977, the Renton City Planning Commission 'held a public hearing for the specific purpose of reviewing the designated multi-family residential uses in the Renton Hill area where Transan mica's land is situated. Afi`idzvit of William /1. P-bntagne - 1 : ;1 I . 5., Transamerica received no notification of the September ' 14 hearing. A prospective purchaser of Transamerica's property did • hear about the hearing and the petition to redesignate our,property on the comprehensive plan and notified me of this shortly before the . hearing date. This lack of notice seriously prejudiced our ability ' to prepare in a meaningful manner to present our point of view at the Planning Commission hearing. • - 6. The proponents of the comprehensive plan amendment and • the city knew of Transamerica's intention to sell its property in the ' • study area for development under the R-3 use classification. The in- tent of the proponents and the city in amending the comprehensive plan ' . was to prohibit or interfere with Transamerica's contemplated sale. 7. The redesignation of Transamerica's property.from R-3 to R-1 on the City's comprehensive plan will have the affect of destroy- • .ing the greater part of the value of the property without bestowing any offsetting benefits to the general community. . 8. Transamerica's property abuts Interstate 405 and is so steep and rugged that several, acres cannot be built on at all. It is ideally suited for multi-family use and, speaking from years of ex- perience'in the real estate field, will not be acceptable to con- sumers as a site for single family residential use. The Planning • • Commission and the City Council wholly disregarded this and other • relevant facts.in singling out Transamerica's property for arbi- _r trary, discriminatory and unfair treatment. • 9, On December 5, 1977, the City Council extended a moratorium prohibiting the construction'or alteration of multi-family uses in . • the Renton Hill area. This moratorium is calculated to interfere with Transanerica's contractual expectancies, see paragraph 6 hereof, and is further and specifically calculated to prohibit Transamerica / • Affidavit of William A. tiontw.ne in Support of Application for . Writ of Certiorari - 2 . 110 • , • or its successors in interest from making effective application for A • construction or building permits. • ..".\1 64 4 lliam A. Montagne Subscribed and and sworn to before me this 22nd day of December 1977. oFncim, • ta/&-rr•-•-• ' /"'"Zis. FERN CODINGTON p Fern Codington ) rioutirrououe.cAtoohNib • Notary Public in and for ; CITY ANO C:10tlry ); SAN PRA411 ,• the State of California, ; NYCO:4413510N EXPIRY&NAST 1#101!„..) residing at Oakland. • • • • 1 • . 2 3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 • • 6 TRANSAMERICA DEVELOPMENT ) ' COMPANY, a California ) . 7 corporation, ) . • • Plaintiff, ) NO. 838'799 8 ) . 9 -vs- ) 1•0 THE CITY OF RENTON, )• AFFIDAVIT OF CRAIG V. WENTZ . ) IN SUPPORT OF APPLICATION FOR 11 Defendant. ) WRIT OF CERTIORARI ' 12 13 STATE OF WASHINGTON ) ' • ss. 14 COUNTY OF K I N G ) 15 CRAIG V. WENTZ, being first duly sworn, on oath deposes and says: 16 1. I am the attorney for Transamerica Developement 17 Company, ("Transamerica") which owns approximately 11 acres • 18 of unimproved real property located in the Renton Hill area of 19' .the City of Renton between the southern end of Cedar Avenue South 20 and Puget Sound Power and Light Company's transmission lines. . 21 2.• I have personally reviewed the files currently in . ' 22 , possession of the City Clerk of the City of Renton with respect • ' 23 • to the City's formal actions on December 5, 1977, amending the . . , 24 :,.. comprehensive plan for the Renton Hill area and continuing a •• 25i moratorium on the construction of multi-family uses in that area. . 26 .. • The following facts are apparent from the records: 27 . A. On June 6, 1977, a petition signed by some residents 28. of Renton Hill , which asks that all property on Cedar Avenue 29 South be rezoned to single family residential, was delivered to 30 mayor's office of the City of Renton. 3]. . i :;. 32 Affidavit of Craig V. Wentz • in Support of Application for • Writ of Certiorari - 1 • LAW OFFICES OF SHIDLER.McDROOM.GATES&BALDWIN 1000 NOSIO%011ILDING SEATTLE,WASHINGTON 98104 2.'3-4:P.10 II I' • • • • 1 B. On June 6, 1977, the City Council voted to refer • • 2 the petition to the Planning Commission and Hearings Examiner . 3 for review and recommendations. d C. On October 12, 1977, after reviewing its staff and • • • 5 committee reports, the Planning Commission by a 4 to 2 vote • 6 recommended to the City Council that the comprehensive plan of 7 the City of Renton be amended to reflect only R-1 uses in the • • . 8 Renton Hill study area. • 9 D. On November 21, 1977, the City Council unanimously 10 voted to 'change the comprehensive plan substantially as recommend- 11 ed by the Planning .Commission. 12 E. On December 5, 1977, after the second and final 13 reading of the ordinance changing the comprehensive plan, the • 14 City Council gave its final approval to the comprehensive plan 15 amendment which resulted in designating Transamerica's property 16 for R-1 uses. 17 F. On,December 5, 1977, the City Council also extended 18 a moratorium prohibiting the construction or alteration of multi- 19 family uses in the Renton Hill area. • 20 G. At no time in the foregoing decision-making process 21 did the City Planning Staff, 'Planning Commission or the City 22 Council, make the environmental threshold determination required 23 under the State Environmental Policy Act of 1971. Neither did 24 any of these decision-making bodies utilize the 'environmental / 25 checklist form mandated by WAC 197-10-050 prior to taking any of 261the above actions. • 27 • H. Brian Gain, a Planning Commission member lives in 28 the Renton Hill area at 2017 Jones Circle, S.E. , and participated 29 at all the Planning Commission deliberations and voted to recommend 30 to the City Council a redesignation of Transamerica's property 31 from R-3 to •R-1. Mr. Cain's interests are antithetical to Trans- 32 1 Affidavit of Craig V. Wentz - 2 LAW OFFICES OF • SFIIDLF:R.McBROOM.GATES S BALDWIN • .1000 T:Ol1ON StItLOING SEATTLE,WASHINGTON 09103 , I , • t9 , .. e J 1 . 1 america's because he lives in the very community which proposed 2. all of the above actions. His participation, therefore, appears • 3 to be manifestly unfair. 4 G. City Council member Earl H. Clymer, Jr. , who lives 5 at 526 Cedar Avenue South, the street which was redesignated as 6. R-1 in its entirety on the comprehensive plan, thereby changing 7 the use designation of Transamerica's. property, participated in ' 8 'the City Council's deliberations regarding the comprehensive plan ' '9 amendment and voted in support of that amendment which resulted ' • 10 in Transamerica's Cedar Avenue South property being redesignated • 11 for R-1 uses only. Mr. Clymer's interests are antithetical to 12 Transamerica's because he lives in the very community which pro- 13. posed all of the above actions,. His participation, therefore, ' 14 appears to be manifestly unfair. ' 15 3. For the reasons outlined in the foregoing .paragraphs, 16 together with the assertions contained in the accompanying affi- 17 davit of William A. Montagne, the same which is incorporated 18 herein by reference, Transamerica will suffer immediate and 19 ,irreparable harm without the intervention of. a court of law. . 20 Moreover, Transamerica has no speedy and adequate legal remedy, 21 save it be the issuance of a writ of review by this court: 22 23 CRA 67E -- ..4.--- . • 24 SUBSCRIBED AND SWORN to before me this ?7 day of December, 1977. 25 . ?•. �`�x,-. .� NOTARY PUBLIC in and for the State 26 of Washington, residing at Seattle. 27 a 28 29' 30 . 31 Affidavit of Craig V. Wentz • •in Support of. Application for. 3?. Writ of certiorari - 3 . LAW OFFICES OF SHIDLER.McBROOM.GATES F BALDWIN . 1000 NORTON BUILDING SEATTLE.WASHINGTON 9910.1 ' • 227•SdSu 2 3 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 6 TRANSAMERICA DEVELOPMENT. ) COMPANY, a California ) ,;' •a 7 corporation, ) 8 Plaintiff, NO. 85879 g -vs- ) 10 THE CITY OF RENTON, ) ORDER FOR ISSUANCE OF WRIT ) OF CERTIORARI 11 Defendant. 12 - • 13 THIS MATTER having come on regularly for hearing upon the ' P4 A',. >',. application of the plaintiff herein and the affidavits in" support 5;'`Vtiy 'c thereof for a writ of certiorari directed to the Mayor and Clerk . °7:.'e-`'' i..;,; 'r of the City of Renton and to the Renton City Council, requiring ' '` r, ° �' r e':•" 17 the Mayor, City Clerk and the City Council to certify to this court 18 a transcript and record of the entire proceedings had and records . 19 made by said council, including all proceedings and deliberations 20 held under the auspices of the Renton City Planning Commission, 21 its staff or any committees of said council, relative .to the 22 council's adoption on December 5, 1977, of an 'ordinance amending 23 the Comprehensive Plan for the area in which plaintiff's land is - 24• situated and further relative to the council's passage on De- 25 cember 5, 1977, of a resolution continuing a moratorium on the ` '• ' 26 construction of multi-family" structures in the area n which ;//i u .i., 27 plaintiff's land is situated, upon the .grounds stated in said 28 affidavits that the City, through its council and Planning Com- ' 29 mission and staff, has (1) made erroneous legal determinations 30 and followed illegal procedure.; (2) acted illegally; (3) ex- , 31 ceeded its jurisdiction and (4) proceeded in conflict with the 32 Order for Writ of ' Certiorari - 1 LAW OFFICES OF SHIDLER.McBROOM.GATES 6 BALDWIN 1000 NORTON BUILDING ' •• SEATTLE,WASHINGTON 98104 " 201.4680 . ' " • 10 1 course of the common law, all of which acts have materially pre- 2 judiced the plaintiff, by providing inadequate notice of its 3 actions, by ignoring the requirements of the State Environmental 4 Policy Act of 1971,by interferring with plaintiff's contractual 5 rights and/or expectancies, by encouraging the taking of plain- 6 tiff's land without fair compensation, by acting arbitrarily, 7 capriciously and in a discriminatory manner with respect to 8 plaintiff's land, and by violating the appearance of fairness 9 doctrine; and it appearing from said affidavits that this'is a 10 proper cause for the issuance of such a writ, Now, Therefore, 11 it is hereby • 12 ORDERED, that a Writ of Certiorari issue out of and under 13 seal of this court directed to the Mayor and City Clerk of the 14 City of Renton and the Renton City Council, commanding them 15 forthwith to certify fully and return to this court on or before 16 the I5 day of , 1978, a full and complete trans-' 17 script of the record and proceedings in said cause before them had, 18 with 'the intent that the same be reviewed by this court as to the 19 aforementioned claims of the petitioner, and it is further 20 ORDERED that all proceedings in said cause be, and they 21 hereby are, stayed, pending the disposition of said review by this 22 court. 23 DONE IN OPEN COURT this 7 day of G`v , 1977. 24 2 25 JUDGE/ OU.T C rM4ISSIONER 26 Presented by SHIDLER, McBROOM, GAT.S & B 27 B v• y'' 28 C aig V. W z of orneys for Plaintiff 29 30 31 Order for Issuance of ' Writ of Certiorari - 2 LAW OFFICES OF 32 SHIDLER,McBROOM,GATES&BALDWIN 1000,NORTON BUILDING SEATTLE,WASHINGTON 98104 . - 223 4666 2 ; • . 3 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 6 TRANSAMERICA DEVELOPMENT ) j I' , COMPANY, a California ) 7 corporation, • 8 Plaintiff, ) . NO. .83879� 9 -vs- i ) , ' 10 THE CITY OF RENTON, ) ORDER TO SHOW CAUSE • 11 Defendant. ) •' • j ' , ) 12 13 THIS MATTER coming On for hearing this 27th day of 14 December, 1977, upon the motion of the plaintiff herein, supported 15 by•affidavits executed by William A. Montagne and'Craig V. Wentz, ' • 16 for a Writ of Certiorari directed to the Mayor, City Clerk and 1 , • ' 17 the City. Council of Renton, requiring said parties to certify 18 to this court at a specified time and place a transcript and 19 record of the entire proceedings had and records made by said . '20 council, including all proceedings and deliberations held under ' 1: , • • 21 the auspices of the Renton City Planning Commission, its staff iI I i • 22 or 'any committees of said council; relative to the council's • ', 23 adoption-on December 5, 1977, of an ordinance amending the 24 Comprehensive Plan' for the area in which plaintiff's land is' / , � 25 situated and further relative to the council's passage on De • - , ii 26 cember 5, 1977, of a resolution continuing a moratorium on the . 27 construction of multi-family structures in the area in which • 28 plaintiff's land is situated, upon the grounds stated in said • ii ' 29 affidavits that the City, through. its council andPlanning tom-I1 I • . 30 mission and staff, has (1) made erroneous legal determinations iI 31 ' Order to Show Cause - 1 I 32 . . . , LAW OFFICES OF 1' SHIDLER,McBROOM,GATES S BALDWIN . 1000 NORTON BUILDING ' SEATTLE,WASHINGTON 98104 1 •' - 223.40Ju l il P . F 1 and followed illegal procedures; (2) acted illegally; (3) .ex- 2 ceeded its jurisdiction and (4) proceeded in conflict, with the is course of the common law, all of which acts have materially pre judiced the plaintiff, by providing inadequate notice of its • 5 actions, by ignoring.the requirements of -the State,Environmental 6 Policy Act of 1971, by interferring with plaintiff's contractual ; 1 . rights and/or expectancies, by encouraging the taking. of plain- I , .. 8 tiff's land without fair compensation, by acting arbitrarily, 9 capriciously and in a discriminatory manner,with' respect to ' 10 Plaintiff's land, and by violating the appearance Of .fairness 11 doctrine; and also that .all actions pursuant to said proceedings 12 be stayed pending such review; and it appearing to the court that' 13 there were sufficient grounds for a writ to issue, and the court 14 being fully advised in the premises, Now, Therefore, it is hereby 15 , ORDERED that the City of Renton, through its lawfully /eg416 designated officials or attorneys, appear before the 17 judge or the commissioner. of the above-entitled court at Room ' j i 18 No. . , King County Court House, Third & James, Seattle, I 1± 1 19 Washington, at the hour Of on the t, day of . 9:bra a.,. 20 3-4c4.+„e, , 1977, and then and there show cause, if i I ' 21 any it has, why the writ issued this date should be modified. '22 e✓ . quashed. All stays of proceedings hereinbefore referred 23 to shall abide the final determination on the• show cause hearing. • . 24 DONE IN OPEN COURT this)-7 day of December, 1977. . 25. — G- / r,�i�L�/r • • 26 JUDG /COURT C MMISSIONER 27 Presented by ' SHIDLER' BROOM, GATES & DWIN ::. • Cr . WerTtz . 30 Attorneys for Plaintiff 31 32 Order to Show Cause - 2 LAW OFFICES OF ' SHIDLER,McBROOM.GATES&BALDWIN . • 1000 NORTON BUILDING • • SEATTLE.WASHINGTON 9810E 223.4666 . . . ,_ /.c -,-_, • • • .. • %, f tilk ,1 . :- • . . ' OF Re, . . . . . . A ..?% . . . .. . . •THE CITY OF RENTON .' . ,• MUNICIPAL BUILDING . 200 MILL AVE. SO. RENTON,WASH.98055 -i ailL a CHARLES J. DELAURENTI, MAYOR • DELORES A. MEAD . . 0 9 CITY CLERK 0 , 4?eci sEplott° . • 1 . . , 31.the 28, 1978 .. . 1 • . .. . . ' • • . . • , • • , . . . . . . . , . . • . ., . • , . . . • • • •• .. . . . ' • .• . . ' ' • • . . . .• . . . - . . . . . . . . , . . • • • , , , . . . •. . , , . . . . . • . . • . . • . • ' . . . •. , . . . . .q:atr)' 1:',,:-.,.01.3..or . . '332 ,•70,aar • ;:3'out•.1 , . • . .2,:-rnton, . .73....,3hington )1055 . . • . • . . . • (. c.:ar .',./7:,. .. J..eor...r. r. . . . . . The Renton City Council, during its regular . . meeting on Monday, dune 26 , 1978, has Adopted Res6lution -!J21'-)6 . . . . A copy is enclosed for your information. • . . . Yours very truly, . . . . CITY OF RENTON . . . . . . . . . . . . Delores A.. Mead, C.M. C. . , City Clerk . . • DAM:jeb Enclosure ' . • . . . , • .. . . . . . . . . . . . . \ • : . . . . . , • • . . . . , OF I 0 THE CITY OF RENTON "I" MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 NIL 0 CHARLES J. DELAURENTI• MAYOR • DELORES A. MEAD 0 9 .0 rce CITY CLERK 0 44, SEP1*--15 June 2S, 1978 Ilo.Jert E. ici3oth, Attornav 505-6 south 3r..1 Street -enton, Wasinuton )2155 Dear The Renton City Council, during its regular meeting on Monday, Juno 2G, 1978, • has adopted Resolution 42196 . A copy is enclosed for your information. Yours very truly, CITY OF RENTON Delores A. Mead, C.M.C. City Clerk DAM:jeb • Enclosure v jitt J CITY OF RENTON, WASHINGTON • RESOLUTION NO. 2196 WHEREAS the Planning Commission of the City of Renton, Washington has recently recommended changes to the Comprehensive Plan within certain areas of the City, and • WHEREAS such review and recommendations include an area ' in the City generally known as "Renton Hill" as hereinafter more • particularly described, and • WHEREAS it has been determined by the City Council and the Planning Commission that serious problems may result in said area if unlimited construction were permitted for any multiple • dwelling, commercial or industrial purposes, due to insufficient and inadequate street access,c:ircuitous traffic pattern, means of ingress and egress, and such existing problems may seriously affect the public health,safety and well being of the community, and in particular the residents within the hereinbelow described area, and WHEREAS the City Council of the City of Renton has passed an Ordinance changing the Comprehensive Land Use Plan for said Renton Hill, and wHEREAS the City Council has referred the subject of zoning on Renton Hill to the Planning and Development Committee and to the Land Use Hearing Examiner, and WHEREAS it is deemed to be in the •best' interest of the City to continue a moratorium on certain construction pending completion • of the present studies and reviews, including public hearings thereon, and WHEREAS the subject of rezoning of certain property on Renton Hill has been heard by the Hearing Examiner, and WHEREAS it will take additional time for the Hearing Examiner's decision to be rendered and for the appeals' time to run, NOW THEREFORE • • S'1;�ti1• i', t • ti mN s i'.` CITY Cul.,,IL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I: The above statements and recitals are hereby found to be true, and correct in all respects. SECTION II: In furtherance of public health, safety and general welfare, there is hereby declared a continuation of a moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities • of every type and nature, for a period of sixty (60) days from date hereof, relating to all properties affected by a change in the Comprehensive Plan and subject thereby to a potential rezone contained within the confines of that area generally known.as Renton Hill, in particular described as: All that portion of the SW 1/4 of Section 17, Twp. 23 N. , Range 5 E.W.M. , lying east of FAI 405 and south of Chicago-St. Paul Milwaukee and Pacific Railroad. Together with all that portion of the NW 1/4 of Sec. 20, Twp. 23 N. , Range 5 E.W.M. lying east of. FAI 405 and north of Puget Sound Power and Light Company transmission line easement excluding those properties along Mill Avenue South extending in an easterly direction 1/2 block more or less to the alley located between Mill Avenue South and Cedar Avenue South, north of South 7th Street, as noted on the attached Exhibit A. The aforespecified moratorium shall not apply to existing apartments, single family or duplex dwellings or the renovation, repair or maintenance of same. PASSED BY THE CITY COUNCIL THIS 26th day of June, 1978. 41 elores A. Me a, ty C erk APPROVED BY THE MAYOR this 26th. 'day of June, 1978. Earl Clymer, Mayo ro em Approved as to form: Lawrence_ T. W ren, City Attorney . i isso:!i !,.....-mi.*-.z• .2 g.-ir-i 2';'•=1 1 ja I.1 ,.• • 7 Y111�f� - '''' ' C A= • .`-// cirN-.) 11. :ILI._ It -,11.•7 7_ , -• - 4,_-.1,, i /4" l r• ;r •72 �Z. .* /yid( t_ �� 7� •7i __ Eigli pr, . , i. 1. IZ,,,a ' 4.1 "It. me st; -4' /4 / —\ ,,,w r II Ili � ===— h 1°• ,p'' Liaarr / , i .� 11 'P >\ JLt Mrau.tr , ctNerear ��ms wl • �Fwa no ia•�i :AV 7i. �/ t. `G� -•� '� �j• x�• Utr 1 1 r 'ILrr z . k I' . / ..tau T..1'' • I . • , '1 f 1••' ...:..M.1b. k.,'.'i..,1'Mi4-,'k\1•i01-e'r' •I.1. 'i . •• 11I+�Itl9b v r `F ,-i_Y.."i1V.,:1'.:•. .▪,:• '•. '••:moo: ,:.,..- 1 t. • �qt t ter,_r z € — 1';. ,•• i:•'.. `'1.' 1 „',• `::.,.. 1177 • ,'1, 1. •. o .• 7;�� IY _ __ it r_ f•.• ,,. .,.'.:41..I , •11i ,1 %•?♦ 1'-1�11,,.,,,. �. _ n•+ <' M .,'1 .,,•:•'1�/,'I'�j`.•1.1'..•11,•, +,•1',.1.).~tl•:,�'1, :.. b - \� ,, ... - —� •`11Y•': >,'K•;?...:�,4:h i'1,]'n. 11.( ,11 ii,•\�:'i=1�•:'i^_il. I. nn ) MI tt toM - dr`�1 / ,•••• , , ff yI • ..• ., '" CO -.- • ,: t• . i ';.••::::::: ... .. . ....... 4,,‘.-....... ,-'1..-• e.g. A te. \ ``CO \`rf r _' PNN 14 • MANS l•1N ,. Ye3dr.�i • __ •......- ,_...- , . 1� . ...,..... ' . . .�?' - I _. ...•._ � °'. /" ------ --- -- ! � == q 13.' , --41-ir . ' a. - •.-.ac. `. , i. .41 Eci:111.::i_yr-.:/4..- 1,scii. \'... :' '•, :' •' '. ''..':..i.j///.-.-c:.:'1,!=:: 1:: I:„:'..:.til.'iir'in.i.:49:::''''..1..Cf, ;':.:.:.%,5 COMPREHENSIVE PLAN - RENTON HILL AREA i ' '(DESCRIPTION: THE RENTON HILL AREA IS THAT AREA ! • GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON • THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH. ) ' 1 LEGEND: 1 • ;•,. • MEDIUM-DENSITY! . •i'`' GREENBELT RECREATIONAL MULTI-FAMILY ' • EXHIBIT A IIIP I is • Renton City Council 6/26/78 . Page 4 Consent Agenda - Cont. .Withdrawal of Prior request withdrawn by Ray Brown for Brown/Strand Homes Request of Late- for latecomers agreement, due to abutting property owners comers Agreement reaching an agreement to connect to the sewer main. SW 43rd St. Letter from Public Works Director Gonnason reported completion Improvements of SW 43rd St., 3 Lane Improvement by Scarsella Bros., Inc. on • Final Payment March. 22, 1978, and accepted by the Public Works Department on March 31, 1978. Recommended Council accept completion of the.project as of June 26, 1978, (The three month difference in ' Public Works Department acceptance aria recommendation of Council acceptance is due to arbitration over one pay item) and final .payment of $1,723.49: The letter recommended .commence lien period, the retained amount of $57,464.73 be paid contractor if. after 30 days, no liens or claims are filed against the project • and proof of payment of tax.liabilities is received. Concur. Cancellation of Fire District a40 cancelled existing AG 842-65 Mutual Fire Contract-Fire Fighting Assistance Agreement, no mutual benefit determined. District 040 support services to the City of Renton offered on a contractual 'basis. Refer to Public. Safety_Committee. Bid Opening June 16, 1978 bid opening, one hid received; Cedar River Trail System - Phase III. Refer to Community Services Committee. Approval of MOVED BY STREDICKE, SECOND TRIMM, COUNCIL ADOPT THE CONSENT AGENDA • Consent Agenda AS PREPARED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS .Renton Hill ouncilman Clymer, resident of Re'rcon Hill,. handed the gavel Moratorium / to Councilman Perry and left council chambers returning following Renton Hill discussion. .ounr:ilr"a', Perry presi 'ing during that item. •.' Letter from Attorney Robert `.'. Mcbeth was read requesting addi- tional sixty days from July 4, 1973 to allow time for hearing examiner to •render his final report and •recommendations and to further allow time for the.process of appeal , Council consideration, and final determination ut this matter. MOVED RY STREDICKE, SECOND TPIMM TO fONCdR IN MORATORIUM EXTENSION • OF 60'DAYS FROM JULY 4, 1973, WITH REFERRAL TO THE WAYS AND MLANti UMMITlLt EUR PRUr'tR RESULUIEUN. CARRIED. Resolution 02196 Resolution was presented by the Ways and .Means Committee and read Extending Renton by the City Clerk wherein it was determined by the City Council Hill Moratorium and the Planning Commission that serious problems may result in Sixty D'aysFrom said area if unlimited construction were permitted for any July 4, 1978 multiple dwelling, commercial or industrial purposes, due to insufficient and inadequate street access, circuitous traffic pattern, means of ingress and egress, and such existing problems may seriously affect the public health, safety and well being of the community, and in particular the residents within the Renton Hill area and in furtherance of public safety and general welfare a continuation of the moratorium was declared for the construction, improvement and alteration of any multiple apartment buildings, conimercial. and industrial facilities of every type and nature, for a period of sixty (60) days. . Relating to all properties , affected by,a change in the Comprehensive Plan and subject thereby to a potential rezone contained'within the confines of that area generally known as Renton Hill'. The aforespecified moratorium • shall not apply, to existing apartments, single family or duplex dwellings or the renovation, repair or maintenance of same. MOVED BY STREDICKE, SECOND SHINPOCH, TO ADOPT AS READ. CARRIED'. 1111 OF 4 o THE CITY OF RENTON z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 98055 n CHARLES J. DELAURENTI•MAYOR • PLANNING DEPARTMENT D9A �. 236-2660 O4TfD SEPlegli° • MEMORANDUM • June 26 , 1978 • TO: Del Mead , City Clerk• FROM : . Gordon Y . Ericksen , Planning Director RE : RESOLUTION REGARDING EXTENSION OF RENTON HILL MORATORIUM • Upon review of the proposed resolution , it is noted that the moratorium applies to that area lying east of FAI-405 which includes. the, Mill Avenue properties . It was my understanding that by Council action to the Callen request that the Mill Avenue properties were excluded . It is , therefore , recommended that the legal description be revised as follows : All that portion of 'the SW 1/4 of Section 17 , Twp . '23 N . , . Range 5 E . W. M. , lying east of FAI 405 and south of Chicago-St . Paul Milwaukee and Pacific Railroad. Together with all that portion of • the NW 1/4 of Sec . 20 , Twp . 23 N . , Range 5 E . W.M. lying east of FAI 405 and north of Puget Sound Power and Light Company transmission line easement 'excluding those properties along Mill Avenue South extending in an easterly direction 1/2 block more or less to the, alley located between Mill Avenue South and Cedar Avenue South , north of South 7th Street , as noted on the attached Exhibit A. • This revision to the legal description has been verified with the Engineering- Division . GYE :.wr Attachment IN �'• • p F • R eA to* o • THE CITY OF RENTON Z !eta :a w O MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 98055 o •' "'• °% 'CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER ,o co• L. RICK BEELER , 235 -2593 • EO SEP1C°a • • • Jun.', 2. :7 8 • • • • Councilman George J. Perr7, Chairman Planning •and, Development Committee rFct:: • L. Rick ,Beeler, Hearing Examiner SUBJECT: Renton Hill Moratorium • Per our conversation of this date, the purpose of this memorandum is to aprr.is.. . you of the expected publication date of my recommendation :•elat ive rezone application, R-178-78, City of Renton initiated rtt :1c• or Renton Hill. Due to our continuing public hearing schedule 31�.1 ! lie necessity for receipt of .legal opinions regarding the matter, .-A f! is l rec rm:lendat i on may not be available prior to July 20, 1978. i:6wever, every effort will be made to expedite a recommendation as s0o:. as 'hoS-1ble. IMS•, keep ic, mind that a 14-day appeal period is required following pubi1. atio.1 as well as a seven-day waiting period by the City Clerk !.'rLur t , Mar:em.'tit: on the City Council agenda. :•i:.:•c'rI ly, • 1;eeier • }IL f x.lminer OF • • ' I' O OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 z .ill *• 0 LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9o9 � June 23, 1978 gr Eo SEPS� MEMORANDUM TO: Del Mead, City Clerk FROM: Lawrence J. Warren, City Attorney Re: Resolution Extension of Renton Hill Moratorium Dear Del : Enclosed herewith is a proposed Resolution extending the Renton Hill Moratorium for an additional 60 days . Lawrence J. Warren LJW: nd Encl . cc : Ways & Means Committee Mayor Council ['resident Planning Dept . • 76 vCV44 GOUGE, MCBETH & FAULL ,RECEIVED ATTORNEYS AT LAW -I. DONALD GOUGE C. BOA 26 °OBERT E Mce TH _-- •1�IN 22 197b , . -:5-8 BOUTr• T1-IIRC STREET SARY F FAULL RENTON,WASHINGTON 98055 CST'( OF Rt.+-i GN ALPINE 5-560D MAGI O S OFFICE June 21, 1978 The Honorable Charles J. Delaurenti, Mayor and Members of the Renton City Council Renton Municipal Building Renton, Washington 98055 Re: Renton Hill Moratorium Dear 'Mayor and Members of the City Council: Mr. L. Rick Beeler, the City of Renton Hearing Examiner, has just concluded a lengthy two-day hearing on the City' s appli- cation for rezone of certain multi-family zoned property on Renton Hill. A wealth of material, evidence and testimony was presented to the Hearing Examiner by both sides in this hearing. In view of the complexity of this case, and the wealth of material presented, Mr. Beeler, at the conclusion of that hearing, asked all parties for additional time in which to review everything presented and render his final report and recommendation. All parties concerned then agreed, on the record, that Mr. Beeler might have thirty days in which to file his report, rather than the fourteen-day period provided by City ordinance. On May 1, 1978 , the City Council extended the moratorium which had previously been imposed upon the issuance of building per- mits on Renton Hill, extending that moratorium until July 4 , 1978 . Since this matter will not be resolved by the expira- tion of the moratorium, we are now asking that the moratorium be continued an additional sixty days to allow time for the , Hearing Examiner to render his final report and recommendations and to further allow time for the process of appeal, Council consideration, and final determination of this matter. All parties concerned are working diligently to get this matter resolved as soon as possible, and we would ask that the mora- torium be continued for an additional sixty days to allow this process to be completed in an orderly fashion. Since that cannot be accomplished by July 4', 1978, we sincerely hope that the City Council will pass a new Resolution extending that moratorium an additional sixty days for the reasons set forth above. Very• truly yours, ROBERT E. McBETH CC-James Irwin , Attorney for Attorney for Renton Hill TransAmerica Develop. Co. Community Association VP Or 4k Renton City Council 5/1/78 Page 3 CORRESPONDENCE AND CURRENT BUSINESS. Final Payment Letter from Public Works Director Gonnason reported completion of New Fire Station Phase I of the new main fire station, fire signal installation at Phase I S 2nd St. and Mill Ave. S. by Signal Electric., Inc. 3/31/78, accepted • by the Public Works Dept. 4/9/78 and recommended Council accept completion' of the project as of 5/1/78 and final payment of. $18,313:78. The letter recommended the retained amount of $5,074.01 be paid to the contractor if after 30 days, no liens or claims are filed against the project and. proof of payment of tax liabilities is received. MOVED BY STREDICKE, SECOND PERRY, COUNCIL CONCUR IN REQUEST OF PUBLIC WORKS DIRECTOR.* Upon inquiry from Councilwoman Thorpe, Public Works Director explained the State requires two signal heads even though. only single lane of traffic. Councilwoman Thorpe asked the Administration for written report on' that matter explain- ing alternates used by other cities. Councilman Stredicke inquired for the record re City of North Bend.signals, being advised by Gonnason that any new signals would have to comply with State Code. MOTION CARRIED.'` Demolition of Letter from Park and Recreation Director Webley recommended Old Earlington payment and project acceptance for demolition of the old Earlington School School by Center Dozing, Inc., $6,165.90. The letter also recom- mended payment of the retained amount of $685.10 if, after 30 days, no liens or claims are filed against this project. ,'•loved by Thorpe, Second Shane, refer the item to the Ways and Means Commit • - tee. Councilman Stredicke explained Council concurrence auto- Matically placed the item with the Ways and Means Committee, SUBSTITUTE MOTION BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION FOR PAYMENT. CARRIED. Medic Services Letter. from Fire Chief Geissler presented copy of proposal for merger of the three south King County Provider Groups for Medic service, along with copy of by-laws and budget• for review and comments. The letter reported that motion was made at recent meet- ing that Valley Provider Group would recommend by-laws and budget for adoption providing King County funds the total cost of the • Medic service for the three groups (Federal Way-Auburn, Highl•ine and Valley Medic Provider Groups). MOVED BY STREDICKE, SECOND CLYMER, REFER TO THE PUBLIC SAFETY COMMITTEE. Councilman Stredicke requested the Committee review the report and ascertain that Renton has balanced one man, one vote consideration for number of people/ dollars re Provider Group. MOTION CARRIED. Sister City Letter from'Shinji Takase, .Mayor of Nishiwaki, Japan, Renton's Sister City, thanked the Mayor and peoples of the City- for kindness shown and welcome given during recent visit, looking forward to visit of Renton delegation in June. (Information) • .NEW BUSINESS Councilman Shane noted recent robberies in the area and requested more Police time in patrol of neighborhoods rather than traffic; Councilman Shane also requesting adequate street lighting; also requesting blinker (caution) intersection signals at other than peak traffic time; also requesting spring clean-up; also requesting sanitary sewer • LID in Kennydale area West of Edmonds Ave. NE. Building , • Councilman Perry noted the request of Fred Callen for building Moratorium permit in the Renton Hill area has now been satisfied with the pass- Renton Hill age of Resolution ,t12179 (See Page 1) and lifting of building mora- torium on Mill Ave. S. • AUDIENCE COMMENT C. Judkins, 13320 S.E. 99th, representing Northwest Steelheaders, expressed concern for planning of the Cedar River Trail , Phase II, Cedar River Trail that access is available for car top boats to•river edge, with Plans special concern for Senior Citizens and adequate parking. Mr. Judkins asked to meet with Officials to review. Mayor Delaurenti noted willingness to meet and include the Planning Department. ADJOURNMENT MOVED BY STREDICKE, SECOND THORPE, t•IEETING ADJOURN. CARRIED. 9:03 p.m. • olio Delores A. Mead, City Clerk 1r. ak• " , • ... • s' • ",* '• • , PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 1, 1978 The Planning and Development Committee recommends that the attached resolution in regards to con- tinuing the moratorium on Renton Hill for an additional sixty (60) days be read and adopted. c e 1 ge Perry, Chairman t d IL Le Patricia Seymou'r-Thorpe cAL.....1;ock Barbara Shinpoch .,t Mt RENTON CITY COUNCIL Regular Meeting May 1 , 1978 Municipal Building Monday, 8:00 P.M. Council Chambers MINUTES CALL TO ORDER Mayor C. J. Delaurenti led the Pledge of Allegiance to the Flag and called the regular meeting of the Renton City Council to order. ROLL CALL OF EARL CLYMER, Council President; BARBARA Y. SHINPOCH, RICHARD M. COUNCIL STREDICKE, PATRICIA M. SEYMOUR-THORPE, GEORGE J. PERRY. MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL EXCUSE ABSENT COUNCILMAN THOMAS W. TR1MM. CARRIED. MOVED BY CLYMER, SECOND SHINPOCH, EXCUSE COUNCILMAN CHARLES F. SHANE. CARRIED. Councilman Shane arrived at 8:08 p.m. CIIY OFFICIALS CHARLES J. DELAURENTI, Mayor; LAWRENCE WARREN, Acting City Attorney; PRESENT GWEN MARSHALL, Finance Director; DEL MEAD, City Clerk; WARREN GONNASON, Public Works Director; GORDON Y. ERICKSEN, Planning . Director; JOHN WEBLEY, Parks and Recreation Director; RICHARD GEISSLER, Fire Chief; CAPT. BUFF, Police Rep., DONALD CUSTER, Administrative Assistant. PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL Moved by Stredicke, Second Perry, Council approve Minutes of April 24, 1978 as prepared and mailed. SUBSTITUTE MOTION BY • THORPE, SECOND CLYMER, APPROVAL OF MINUTES BE CONTINUED TO NEXT WEEK. ROLL CALL: 3-AYES: CLYMER, SHINPOCH, THORPE; 2-NO: PERRY AND STREDICKE. MOTION CARRIED. • AUDIENCE COMMENT Pamela Jarnigan,917 S 28th Ct, commended Council for joining the eco- nomic boycott of states which have not yet ratified the Equal Rights Amendment. OLD BUSINESS Ways,and Means Committee Chairman Stredicke presented committee Ways and Means report noting review of the Land Clearing Ordinance as proposed Committee Report by the Planning and Development Committee and returned the ordinance Land Clearing with a recommendation of "do not pass." The report further recom- Ordinance mended that the subject matter of land clearing be referred again to the Planning and Development Committee. MOVED BY THORPE, SECOND CLYMER, COUNCIL CONCUR IN COMMITTEE REPORT AND REFER MATTER BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE. ROLL CALL: 5-AYE: CLYMER, SHINPOCH, STREDICKE, THORPE AND PERRY; 1-NO: SHANE. MOTION CARRIED. Travel The Ways and'Means Committee report recommended approval of Authorized travel request by Police Officer McKenney and Fire Inspector Wooten to attend annual seminar, Northwest Fire and Arson Investi- gators, Eugene Ore. 5/8 - 12/78. The report also recommended advance travel funds in amount of $177.75 per officer. MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Planning and Planning and Development Committee Chairman Perry presented committee Development report recommending reading and adoption of a resolution continuing Committee Report the Renton Hill moratorium for an additional 60 days. Councilman Perry noted present moratorium (Resolution #2137 9/26/77) expires Resolution #2179 5/5/78. Councilman Clymer left the Council Chambers and took no Renton Hill part in any action or discussion on this matter. City Clerk Mead Moratorium on read the resolution extending the moratorium to all properties in Building the Renton Hill area affected by a change in the Comprehensive Plan Extended and subject to a potential rezone. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL ADOPT THE RESOLUTION AS READ. Upon inquiry, Councilman Perry noted wording eliminates Mill Ave. S from the moratorium, and noted for the record that extension of the moratorim was requested as the Staff has not completed requirements. Planning Director Ericksen noted work was at preliminary stage and anticipated arranging a June hearing date. Acting City Attorney Warren noted necessity of resolution due to writ of certioari filed against the City and a Staff member with conflict of interest. MOTION CARRIED. Councilman Clymer returned to the Chambers. C.) z o r� OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTO 0 r{ :� .fir POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 p� LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORN -It°SEP1*'w April 25, 1978 • Hon. Charles J. Delaurenti, Mayor Members of City Council Renton Municipal Building Renton, Washington 98055 Re: Renton Hill Moratorium Dear Mayor and Council Members: With respect, to my letter dated April 24, 1978, concering Renton Hill Moratorium, a review of our file shows that the moratorium will run out on May 5, 1978 instead of June 5, 1978. Very truly yours , Lawrence J. Warren City Attorney LJW:nd 1, )‘'.u a.. 4 I, ;';•'•" •. 0 . z • • ,,, C.) %JP 7 )4Y 7 n;: ;, 5' OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON n F �� rw POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255=86;8 �� LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY o�gTED SEP10 • April 24 , 1978 Hon. Charles J. Delaurenti, Mayor . Members of City Council Renton Municipal Building Renton, Washington _ Re : Renton Hill Moratorium Dear. Mayor and Council Members : A check of my file indicates that the Resolution regarding building on Renton Hill (Moratorium) would have been passed on December 5 , 1977 . The way the Resolution is drafted there would be a 180 day moratorium which would run out approximately June 5, 1978 . The Council should be aware of this and be prepared to extend the moratorium until the zoning action has been completed. Very truly yours , Lawrence J . Warren LJW: nd 44, Renton City Council 4/10/78 - Page 4 CORRESPONDENCE & CURRENT BUSINESS (Continued) West Hill Joint stated that Water District No. 14 had also dropped out of the project. Water Supply He presented the alternatives the City had in continuing the project Storage and and what each alternative would cost the city in order to take advan- Transmission tage of the Referendum 27 grant, decision on the matter required by Project 4/13/78 in order to take advantage of the grant. Considerable dis- cussion ensued. MOVED BY STREDICKE, SECONDED BY CLYMER, TO REFER THE ENTIRE MATTER TO THE UTILITIES COMMITTEE. MOTION CARRIED. MOVED BY SHINPOCH, SECONDED BY THORPE TO RECONSIDER THE MOTION. CARRIED. MOVED BY SHINPOCH, SECONDED BY SHANE, TO DENY THIS SPECIFIC PROJECT. MOTION CARRIED. MOVED'BY THORPE, SECONDED BY SHANE, REFER THE SUBJECT OF WATER SUPPLY NEEDS FOR THE WEST HILL AREA TO THE UTILITIES COMMITTEE FOR STUDY AND RECOMMENDATION. MOTION CARRIED. Renton Hill f Council President Clymer excused himself from the Chambers and took Moratorium no part in this subject. Letter from Fred C. Callen, Callen Realty, • 958 Sunset Blvd. N.E. was read which requested clearance for a building permit on property located at 430 Mill Ave. S.; the letter also stated that the description in the moratorium on Renton Hill was in error and there had been no change planned for Mill Ave. S. in the Compre- hensive Plan. City Attorney Warren said that he had talked to Mr. Callen and the moratorium resolution did not allow a building permit to be issued and that he must apply to the Council. Councilman Perry noted the moratorium included the entire Renton Hill Area, everything easterly of SR-405. MOVED BY STREDICKE, SECONDED BY SHANE, TO REFER THE LETTER TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR RECOMMENDA- TION. MOTION CARRIED. Council President Clymer returned to the Council Chambers. Claim for Claim for Damages filed by Venita Mitchell, 667 Edmonds Ave. N.E., Damages alleged personal injury for defective sidewalk on N.E. 7th St. in Venita Mitchell an undetermined amount. MOVED BY SHANE, SECONDED BY STREDICKE, TO REFER THE CLAIM TO THE CITY ATTORNEY AND THE INSURANCE CARRIER. CARRIED. Fire Pumpers Letter from Fire Chief Geissler reported that he had met with repre- Not Up to sentatives of Seagrave Apparatus, Co. and Western States Fire Apparatus Specifications in Portland to discuss rejection of the two pumpers and suggested they come back with a plan to build two pumpers to meet the city specifications and time of delivery to be presented to the Council. Chief Geissler noted he had not heard from either of the companies and recommended the matter be referred to the City Attorney. MOVED BY SHANE, SECONDED BY PERRY, TO REFER THE MATTER TO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. NEW BUSINESS Councilman Perry inquired as to who was authorized to sign for registered Mail Delivery and certified mail for him and was informed by Finance Director Marshall that all mail was received in the Print Shop and any instructions from him would be carried out. Information MOVED BY THORPE, SECONDED BY SHANE, THE CITY ATTORNEY RECEIVE A PACKET Packets for OF ALL THE MATERIAL RECEIVED BY THE COUNCIL. MOTION CARRIED. City Attorney Capital Improve- Councilwoman Thorpe. noted there was often controversy about capital Cents List improvement projects and who was present at discussions and thought it appropriate for the administration to meet with staff and draw up a list of capital improvements; new South End Fire Station, new City Shops, etc. and establish priorities. MOVED BY THORPE, SECONDED BY TRIMM, SOMETIME BETWEEN NOW AND PROPOSED BUDGET, THE ADMINISTRATION PRESENT TO COUNCIL A LIST OF PROPOSED CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY FOR THE NEXT FIVE YEARS. CARRIED. Adjournment MOVED BY THORPE, SECONDED BY PERRY, COUNCIL MEETING ADJOURN. CARRIED. The meeting adjourned at 11 :00 p.m. • Maxine E. Motor, De uty City Clerk jt CBE . . .,/ .. , „ ------ LIVIL SERVICE EMPLOYEES --. ---— - ----- - - INSURANCE • '-' ' • 958 Sunset 31vd . E. gj ' 'Q�', ,9 Pt enton, ..'ash. 9e0;`,' C'/ �C 9� ':arch 5, 1978 ec 9 :� The _.onor�-ble Charles alaurenti , ,/:ayor � 0 �� 1. e.::hers of toe City Couricil :Renton :,unicipal Building :en Jn, `,ash. 98055 Dear Mayor Deli urenti & Council Members In my letter of Feb. 23 , 1978 , I requested clearance for a building permit on the property described as follows : Lot 3 Block 5 Town of Renton, according to Pls.t recorded in Volume . 1 of Flats , Fc47e 135 , in King County "dash. and commonly known =:s 430 ! ill St. Renton, '..ash. I _al::ed with the city .ttorney and the Planninw Dept. and is tilt', here the description um was r ror inn th:.t there had been no change planned for ill St. in the Comprehensive Flan. ^:s the City Council is the body to act upon this matter, I hereby request the proper action be taken to clear the way for building permit. • ',i noe rely., , . /��/) 11 (/�/a. e..zzi&L,y' / .'ice` v ::''red C . Callen •CALIEN REALTY • 958 Sunset Blvd. N.E. • Renton, Wa. 98055 8A 6 301i . • .pe»1 Ph t l M,.a 7.,!F.wW . enton Hill rezone ,, preparationslow• • :Work is going slowly on the prep- According to Planning Depart- aration for rezone hearings involy- ment head has Gordon Erictw staff_en,per the • ins:property on Renton Hill,the City department ons , Ping Department reported last working on the preparations,but its week. current work load is heavy. The That department is responsible for process has been complicated n der making recommendations on at least Erickson said,by having 1 seven or eight parcels of land to be rezones separately rather than..the v'considered for rezones by the Hear- hill p aartaiae wthosle. Es ricksune iof d the ' ing Examiner. rcels are involved. ow ' The City Council sparked the re- many pa zone process last year when it ap- Ericksen said, however, he ex- proved changes to the city's com- pected the first of the hearings prehensive plan recommended by would go before the Hearing Exa- the Planning Commission. miner at least by summer. The rezone process was first sparked by hill residents protesting development rumored along Cedar Avenue South.The land is owned by Transamerica Title Co.,the firm that promises to sue the city if it disag- rees with rese rezone hear- ings. ono lbt O `$ COIX ' OFFICE OF THE CITY ATTORNEY • RENTON.WASHINGTON o ti POST OFFICE SOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 90035 255-S678 p . 0�Q LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 44.o SEPS . March 6 , 1978 Mr. Fred C. Callen Callen Realty 958 Sunset Blvd .. N.E. Renton, Washington 98055 Dear Mr. Callen: Your letter of February 23 , 1978 , addressed to Mayor Delaurenti and Council Members has been referred to my . office for reply. Please be advised this matter was discussed at the City Council meeting of February 27 , 1978 . The City Council decided that since your property was included in the legal description of Renton Hill, and since the moritorium on multiple unit structures indicted your property and since the entire matter is now in litigation that it would be inappropriate at this time to lift the moritorium. The moritorium is in effect until the time that the City can determine whether or not it wishes to make an applica- tion for down zoning of certain property and have the matter heard by the Land Use Hearing Examiner. This will probably only be a matter of several months. Very truly yours, • \\\ Lawrence J . Warren City Attorney LJW: nd • Renton City.Council 2/27/78 Page 7 Consent Agenda - Continued Surplus'Vehicles City Clerk reports 2/23/78 bid opening for two surplus vehicles (copy attached). Letter from Purchasing Controller recommended • acceptance of high bid of $747 for the 1969 Dodge Vehicle A-88, • submitted by L. Gebenini. The letter recommended rejection of the one ,bid received for Vehicle A-103 and the Controller be given • permission to negotiate the sale. Councilwoman Thorpe requested Vehicle A-103 not be sold for less than $507 or returned to the City pool. MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL REFER THE • MATTER TO THE PURCHASING CONTROLLER FOR. DISPOSITION. CARRIED. MOVED BY PERRY, SECOND STREDICKE, PERSONNEL DIRECTOR FURNISH COON- • • • CIL WITH REPORT. ADVISING AS TO WHEN PURCHASING CONTROLLER WAS AUTH- • ORIZED AND JOB DESCRIPTION. CARRIED. . • King County Letter from Valley General Hospital presented revised agreement Medical Services between King County and the Valley General Provider Group,and the • • .Paramedic City of Renton, Kent, Tukwila, Public Hospital ,District•#1 (Valley • General Hospital), •Fire Districts #20, 25 and 40:. The. letter asked • • approval by the City Council of each.of the districts, 'however, sig- • • natures have been omitted for other than the Lead Agency or Valley General Provider Group; noting, if,, the Fire Districts/Departments want to be named in the contract with the Lead Agency, At will' be considered. MOVED BY THORPE, SECOND TRIMM, COUNCIL REFER AGREEMENT • TO THE WAYS AND MEANS COMMITTEE TO REVIEW CONTRACT AND AMOUNT OF DOLLARS STATED, AND MAKE RECOMMENDATION BACK TO COUNCIL. CARRIED. • CORRESPONDENCE AND CURRENT BUSINESS • Latecomer Request Letter from• Dean W. Bitney, Leisure Estates, 201 Union Ave.. SE, Leisure Estates requested 10 year latecomers' agreement for future sewer connections into sewer system installed by Bitney within Leisure Estates. The letter outlined the area agreed upon in letter of 4/1/77 to the Public Works Director. Moved by Stredicke., Second Shane, Council concur in 'request. SUBSTITUTE MOTION BY THORPE, SECOND PERRY, REFER LETTER TO THE UTILITIES COMMITTEE. ROLL CALL: 4-AYE: CLYMER, PERRY, .THORPE,' SHANE; 3-NO: STREDICKE, SHINPOCH AND TRIMM: MOTION CARRIED. Motion by Shane, Second by Stredicke, to reconsider the previous motion,. Failed. LID #311 Letter from Public Works •Director Gonnason requested Council initi- Street. Improvement ate by Resolution, forming a local improvement district on Jones Jones Ave. NE at Ave. NE from NE 24th St. to a point 611 ft. north of•NE 24th St. NE 24th St. for the purpose of street improvements on.the east side of Jones Ave. NE to include sidewalks, curb and gutters, storm drainage and. paving. The letter explained recent development in the area of two short plats with restrictive cov enants providing that the property owners would not protest creation of an LID. The letter further recalled Mrs. Seegmiller and others having requested walking paths on this portion of Jones Ave. and the proposed improvements would provide permanent facilities in•response to those requests. MOVED BY THORPE, SECOND SHINPOCH, COUNCIL CONCUR IN DEPARTMENT REQUEST AND REFER TO THE WAYS AND MEANS COMMITTEE. CARRIED. .�Building Permit Letter from Fred C. Callen, 958 Sunset Blvd. NE, requested clearance for a building permit for a multiple unit structure on property located Lot'8 Block 5, Town of Renton (Renton Hill). Upon inquiry. by Councilwoman Shinpoch, City Attorney Warren explained building moratorium includes entire area of Renton Hill, whereas Comprehensive Plan for Mill Ave. S. was not changed from multiple zoning. MOVED BY SHINPOCH, SECOND SHANE, COUNCIL REFER LETTER TO THE ADMINISTRATION 'LAND CITY ATTORNEY FOR PROPER RESPONSE. NEW BUSINESS Council President Clymer•reported receipt of letter from the Renton Management Association inviting the Council Members to attend an Association sponsored seminar/workshop on Saturday, 3/18/78.to review •and exchange management ideas. MOVED BY SHINPOCH, SECOND THORPE, COUNCIL ACCEPT THE INVITATION AS INFORMATION DISCUSSION. CARRIED. ( • 953 2-7 ( 17 C E Renton, Wa. 6-3011 •EF.; INSURANCE • • 958 Sunset Blvd. N.E. • Renton; Washington 98055 • February 23, 1978 • • • ' The Honorable Charles J. Delaurenti , Mayor • • Members. of the City Council • Renton Municipal Building . Renton, Washington 98055 .Dear Mayor Delaurenti & Council Members: am hereby reqUesting clearance for a building permit for a multiple unit structure on the property legally described as follows: Lot 8 ,Block 5, Town of Renton, according to plat recorded in Volume of Plats , Page 135, in king County Washington. (Renton Hill ) Respectfully, • (4-"- Feed C. Callen • • • ri • tr • otir /Ts (,) C") "C.3 • ,C.r) 01 ry• "XI ; \.:i-s• •ri 0‘\‘'•t‘‘Cit 4`.• c;>' • ‘cv ••`<f/...(i. ') • • • • • an City Council :,y I S}:THay,:,.: ' . .3/78• Page:4.- •,�-• ar "' -•ansent Agenda - Continued _:• ` fia'' Consent Agenda `• . MOVED BY CLYMER, SECOND<RERRY, COUNCIL.CONCUR'IN CONSENT AGENDA. ''^'• l��wy�proval • CARRIED. • .ti ;..its .;'. :C1QIIRESPONDENCE 'AND CURRENT BUSINESS ""- `: . ' .. ,Fire. Station Bids Letter from Mayor Delaurenyt1'recommended .Council acceptance of . ^.,,. :.a;: the low bid for the Main',:F:ir;eStation .of John Maples (see attached ••,; :f-;•.:.:. Architect Present tabulati on).••. The letter''explained total cost of the project as , ��_,:.; Cichanski & Assoc: $906,701 which is $94,555'over•budget'.'. The.-letter recommended • '�4' the additional money,.b'er?`borr'owed from.:the.Street Forward Thrust' Fufd.;?r::,... .,,.. ' and a Percentage of theliti1',it 'Tax.be..set'aside in. 1979 to repay.';;1,.ary':Y'`; b•i: The-letter noted.meeting with the,architect and, Fire Station' : :t.;q:3r�:T sh f.,.' Advisory Committee. •MOVED,.BY •CLYMER';.SECOND.:THORPE, COUNCIL REFER:;t;: ,i`aL ,'.., . THE MATTER TO THE WAYS MD''MEANS COMMITT.EE'.• MOVED..BY THORPE,' SECOND''"::•,.. ;:H:"4 • :•••' ` CLYMER; AMEND MOT ION�:,T ' 140DE-PUBLIC=SAFETY;COMMITLEE.REFERRAL: ;I..- "';,-i',': MOTION CARRIED, MOTIOFI,t •MENDED;•:CARR•I,El:4 •: ..• •• '.:t:•; f .,,:.;' Letter from ' eo ker' : ;Kesi ent of• the;Renton'Hi:ll'Gonmunity' a;. ,,�1;1.4r, Renton Hi l 1•and:: . e Kathyy ., ji'. .. , �,,.<.• Transamerica. Association,'notif.iedkCounc_f,l of:the':unani us decision of the :,;?;. <:,{;1,..'• Court Case Renton H ill' Community Association arid;Board of Directors to.author :X ' ized and..encouraged`;their ,attorneys• Bob•ticBeth, to.;,petition the coyir ', x; , ' for permission to-.intervene"In"the din awauit"whi ch,the Trans ? ,X 3., 1 t ': ameri ca.Corporation`` 'S'�f'I;1,i.d>:agai n5.',:.:the•.City,: `The :letter ex=' ; ,,:;31.4_? ' %``''' cr ist : ;,;X;.'� , plained the associati'�,a�?n�C}:'Mrs ''Mc6atih'�,wou.l`d.•a..S,: the City and ,:„,>. (,�-: • defend 'the.City's Olt x„ ;iifn changing'the:•City!°`s Comprehensive`: •.''??'i =1,r14:44:: Plan to single-familj deslggnattom,on-'Cedar-,Ave:.S: MOVED.'BY",+...,.,;1:.„ • F4 ;'. I.L'<.' F T '•MATTER;TO':TH CITY ATTORNE n'. " ' • PERRY,•'SECONO THORPE�r,yir�UN)r' RE ER'i`, Er'. � _....�_ x� :y`�;}R,.;' FORADVICE`•TO CO �;:. CARRIE 1;t..., ' :,,.•,i.s[.. :,. .-.,•,. :'v ,,y' ..,.4,a:at, '::,• '.7,,i,p�.w.;., ''T . ., _ '^'Tr:v`M.. t4t si,• ;,' .'t i`5 : ,el 3; � � ': .,.,, r, n Natural Gas:`:y'r.' �� ' Councilrtan,'0.'ner` r,;. te.cVA:{;Vettee r!. ,2,, asliTAg,Go ':r: ,r?: f;;biii►ci 1`Agenda;;?•�, ,Y •�, �, ,.•;<.;...z. 1.:>�c• r, Scheduling ~.;, ''Co. received.:after':'t ? psT,037Qf,.ag .nida�<schedul'i;ng:'; Clymer-Clymer �,•':,,? ,> ThursdayNoon;:'':;":,,'• seconded',b hin oCii-`+E :n .'thema`tt :tie`referred'to the Ways and,:',;i{, ..+ Deadline ?;^. Means Committee as>'act'Ion as need" s; irthe'.time, of:, the next Council -C1p_ pld_;'..' y;.L, 54,..,meeting. •.•:.SUBSTITUTE- AD IQi';I:It;'THO .SOr'SECOND.,STREU:ICKE'. 1"HE LETTER ." ;�s; ,,, .;i:i1., ;k; •BE PLACED'ON.THE•'REGL . AGENDA FORt;. '_NEXT,COUNCIL'_MEETING ON:::`sc',;;s Ti,tw: '•t; .k' ,' Y, •RIMM STREDI'CIE "THORPE,••',%% �r.� r.' '''` :;`� ,; ` N4Aj>„S.;FEBRUARY,,6 •:''1978.' RQ,� CACt.��. �'`� ,.�� E- :,.•,;as.T,�,,h'� _ -- --. i;; ; ` of=,a>, ;PERK 3-NOr%CLYMER'Y"SHAN'E', 'S+tIN SHINPOCH :�:M� FON',CARRI Q: °;r, ; . .. 'u •` yc ':: t•_: it ,.. � ,. . . `�'. , `,,,.:'k,,,, n4),. 404"::B.US,NES �� ;4 ':'', MOVED BY SHANE, SECOND;iPER Y,- COU�ICII,,;'R_ EFER:,THE`..MATTER OF POLICE , 4 ..ch. T' `": `'.' ESCORT SERVICE FOR.ALE''FUNERALS•:T.OT-11 COUNC,I',i.!5; 'y,"PUBL'IC SAFETY ,',5')^ ..'7i ';:, • ,:::Poi.t•• kr;a'.." COMMITTEE: 'CARRIED: r:,. :F�; ;{ .• • 4:,,t r TO'THE TRANSPORTAT O�•:'•f a t, ; Traffi'c'Signahsw' • MOVED BY'SNANE, REFERSECO,NR;'5TREQ'ICKE,'•CO.URCIL:' � �'-'.; ,,�,>, 'COMMITTEE THE SUBJECT;:t1ATTIR ?,.THAT FOLLOWING TRAF,i•IC•SIGNALS BE' ;`I: .: y,:,�`' OPERATED ON CAUTION :EXCE'T,'DURING''THEPEAK.WORKDAY,HOURS OF 7:00'to,`E. � 1.1::`�t' ' 8:30 a.m.''AND.4:00 t6':,:S.i�30` , - THIRD AND:FOURTH.`'AVES,N. AT FACTOY;;`' ;it''; f' WILLIAMS N.,.GARDEN''N-a'.;;AND'BRONSON A11.•'•'"ROLL[-C ALL: .5 AYE:• TRIMMI•s•'S fi.v.0.,, ' SHANE, STREDICKE;.THO4 PERRY; 2' NO:r,.'CLYMER`AND.;SHINPQCH: - ,'`';•.�`;'� " ' . MOTION CARRIED. • 'S -',,.:- .... ;s.!.. •• ;,,-.',, 1''',:; ',q��}'�..) . •1 � �f',.�: Ali•'':.'�•;�•:.�;.i.,'.�^�. ,` '. :�'.��":i'.':'.••u1•.Y'?y.�'�. i,1. 4 Ir,:; i ,FT:r Speed Limit•, Councilman Shane aske4 th& ..the?;soP�i.;1lmi.t be,:ra.i'sed•.from 35 mphi.,,,;;;r:�« z, to-40/45 mph•'on'the'':?Ia'p,IC..'Id ley"HigliWay Cemetery•„Road ,(NE 4th'^St:),-, . • . • ' • Lake Washington Boulevard;'a1d Sµnset^_Boulevard::,Mov.ed•,by St red icks ;•'.• ` ' Second Shane, counci ?refe*:the:''m Lip Admini t Q µ''>' 'i`' '' �• "r.. ai?�'the::� S ra t i on•t ;:,,,,�. ,: check speed 1 imi t on','tiiese"'streets and`°':re'port back.' ROLL•CALL' ;4r ; r' 3-AYE: SHANE., STREDICKE;;THQRPE;'4-NO'::'CLYMER, TRIMM, SHINPOCH AND;'•fz, i� �t' PERRY.• MOTION FAILED •-•''• ''., •• • r tr,1.`h , ;�s'+;j„' ;,.,:. fi,,. Councilman Shane Proposed motions by' CoUnc4`linan'.Shane„,wh•ich, received. no second: AI.t,;'1''300.., City employees be giveneight'months;`f:tq.'li.ve w,ithi,n':the City. 'Al'1•-•.�i,,i,< , • City' employees will; /b�;.giverr,li me,:wa .increase. and�;benefits,giv�en,TEt. ' 'Ns!'4' �, �,,:r .��! pit. ' to Police and'Fire e Q '' `• ;'+' " Cxecutive Session MOVED BY CLYMER, SECOiID�•`PERRY,, COUNCIL;MEEO` :if, :EXECUTIVE Si SSIOilf,RE', r,;' ; ,,2,,; LABOR NEGOTIATIONS.':`'CARRIED::=:':Members.of,-the audience and staff'not;?;.a r Tfin . involved were requested•.to'•leave ,the,:Ch'ambers';at'•10:50 p.m. COUNCIL " •:'s`f'. ADJOURNMENT MEETING ADJOURNED AT'11 25•.'p,m.' :[r;i y�1 �'' s, ;w+ w� 's •;:` 'llO�1trQs,A� dd;r-'Ctt Clerk. rr ,t/ � af; r 5e• r.4,Y'_,, J` j�1 V. .:re-'7441r'`,p ••'s•. • 4 '�i Yi K Y ,, • • .. 9�• �. •!',�'�;�, t' ii,>.,', ��.e., y,.�n 't'��i�J .4:'' ,,. 1 :;j,. s ,.t`qW ... >',L•�."1Y;%::.,1��.,t.,`5 •f.�,'� ,'7rr,�',: ;<;s;� f.,1✓•,,;� 'ihr)4,• , ,7`r ,. Renton City Council 12/19/77 Page 3 Correspondence and Current Business - Continued Rezone Appeal :110 fee plus S25 aooeal fee. MOTION CARRIED adopting committee recom- Ray Ball mendations. Thorpe asked her NU voice vote be recorded. Leslie Adams Letter from Acting City Attorney Warren advised :ie appeared in Court Case #828227 Superior Court on 12/8/77 to argue the Writ of Certiorari on the McLaughlin Rezone McLaughlin Rezone filed by Leslie Adams, et ux vs City of Renton. Appeal R 001-77 The letter explained' Judge's decision that the City's actions were not arbitrary and caprieiou and therefore dismissed the Writ. Copy of trial brief and pertinent documents. included. Information • Traffic Signals - Letter F:or •'re.i tie . . of tne FenianePeru ieo Cr:ter, Inc., Renton Shopping Merchant's Association, called attention to several restrictive 'and Center unsafe features in the traffic signal control system adjacent to the Center. (1) Intersection of Rainier Ave. S. and S. 3rd.; lengthen- ing of left turn signal time and east-west walk signal time requested. i?) Intersection of Sunset Blvd. , Langston' Rd. , and Hardie St.; re • - • . quested 7engthirrg of time for both left turn signal sd,north-south • walk :ntecsect;on of Rainier Ave. S. and 5.• 4th Pl.; requested construction of a left turn storage lane for northbound • traffic on Rainier Ave. S. to allow left turn into Center. MOVED BY STREDICKE, SECOND T'-IORPE, COUNCIL RFFER THIS MATTER. TO THE ADMINIS- ' •',RATION FOR RECOMMENDATION BACK T(i THE PUBLIC SERVICCs COMMITTEE. CARPIED. --- ---• - - - - ----- • Humari Rights t-'re n::i Alter!. ;11 .ey, Chairperson of the Renton Human Rights Ordinance and Attars Commission. submitted an ordinance amending Title I i, • ' Chapter 10 of the City Code setting forth duties and procedures of the Human Rights and Affairs Corrnniscion. The letter explained the two public nearinos held by the commission, ordinance having been drafted with as ict,ance of former City .1f.tor!ev .:ne i Tan and City Attorney "Jir,oi ti;- if' ,ev 0 .....,1.i L,Y'� ote 0 man Rights Commission v d at.:::"rrc,; nave determined it. is _.a:.1.,':y.r.e y to provide , for inter-agency cooperation in the processing of complaints. Refer- to the Ways and Means Conmittee recommended. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR AND REFER TO. THE WAYS AND MEANS COM- MITTEE. CARRIED. Appointment Letter from Mayor Delaurenti appointed Richard Geissler to the Fire Chief 'Permanent position of Fire Chief for the City effective 1/1/78, asking confirmation by the City Council. The letter noted successful completion of the six-month probationary period by Chief Geissler as • of 1/1/78. MOVED BY BRUCE, SECOND PERRY, COUNCIL CONCUR IN APPOINT- MENT. CARRIED. Motion by Stredicke, second by Shinpoch, for recess; !"ailed. OLD BUSINESS Planning and Planning and Development Committee Chairman Perry sutted committee Development report recommending that the Council refer the matter of the zoning Committee Report on Renton Hill to the Planning Department to review the Comprehen • - Renton Hill sive Plan chanties recentiy :passed by the Council and the <oning of Zoning . the Renton I': i , r'ca to oete• ..i"{'ie those .rce of .un,i t)ear'ing different zoning classifications than those permissible In the amended Comprehensive Plan. The report noted the Planning Dept. would then initiate rezoning requests'where parcels do not conform with proposed uses of the amended plan and would prepare the necessary reports; the Hearing Examiner to determine,after a public hearing, whether or not the parcel., identified by the Planning Department should he rezoned. MO'jf.,f PY PERRY.. SECOND STREDICKC CCdlC CONCUR IN THE RECOMMENDA T l t1N Of.THE II ANN'.NC AND DEVELOPMENT COMM'.' .'non inquiry by •Counci twom,n Thorpe on area where appl -ation h., been made prior to the moratorium, Acting City Attorney Warren advised of prior vested rights. MOTION CARRIED. South' Renton The committee report recommended Council concurrence in the Planning • Comprehensive Commission recommendations for South Renton Comprehensive Planning Plan Area Area subject to the follow: (1 ) Designate a lineal greenbelt area along west side of proposed SR 515 extending southerly from S 27th St. to SE 172nd St. ; (2) Include buffer of low density multi-family • 101, RENTON CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT December 19, 1977 RE: SOUTH RENTON COMPREHENSIVE PLANNING AREA • The Planning and Development Committee has completed its study regarding the above referral and recommends Council concurrence in the Planning Commission • recommendations subject to the following and referral to the Ways & Means Committee: (1) Designate a lineal greenbelt area along the west. side of the proposed S.R. 515 extending southerly from South 27th Street to S.E. 172nd Street. (2) Include a buffer of Low Density Multi-family Residential south of S.E. 172nd Street between the Single Family Residential and Medium Density Multi-family Residential. • (3) Shift the proposed north-south residential collector street to the west to abutt the proposed park site. (4) Designate the area south of Carr Road east of the existing city limits as Public Quasi-public and Medium Density Multi-family Residential. Designate steep slope areas as a greenbelt buffer area. .RE: REFERRAL OF ZONING FOR RENTON HILL The Planning and Development, Committee has completed its study regarding the above referral and recommends that the City Council refer the matter of the zoning on Renton Hill to the Planning Department. The Planning Department will review the Comprehensive Plan changes recently passed by the Council and the zoning of the Renton Hill area in order to deter- mine those parcels of land on Renton Hill bearing different zoning classifica- :ions than those permissible in the amended Comprehensive Plan. The Planning Department will then initiate rezoning requests where parcels do not conform with proposed uses of the amended Comprehensive Plan and prepare the necessary Planning Department reports. Inc' Hearing Examiner will determine, after a public hearing, whether or not. the parcels identified by the Planning Department should be rezoned. • — --iCalgOt•(4)CLt'Cles George Perri, Chairman l_ Barbara Shinpoch, M mber Hit-- _ l L4. RiL�h Stredicke, Member • C� e�+ V piL � it�t � .I_,V 771_4'- er-C...r'L.c.ct.,,`( � 2A7) Renton City Council 12/5/77 Page 5 • Old Business - Continued Repainting 3/4 MG Highlands Elevated Tank and the 3 MG Mt. Olivet Reservoir. Bid Approved Public Works Director Gonnason advised approval interpreted and bid awarded , Attorney indicating procedure legal. • Seminar Councilwoman Thorpe called attention to Surface Water, Green River Basin, 'Seminar in Auburn 12/14/77, asking Planning Director be • notified. Mayor Delaurenti noted he will be participating on the panel. • Christmas Councilman Stredicke complimented Mayor and Staff on working with Decorations • Downtown Merchants on Christmas lighting change over. The Mayor noted attempt will be made for television coverage. Public Services. Public Services Committee Chairman Bruce submitted committee report , Committee Report noted review pf Brad McElroy request to connect to the City's • sewer system and noted McElroy has executed a covenant to annex and is •included in the proposed Lozetti annexation for which..peti- tions are being prepared for circulation. The committee recom- mended application be approved subject to limitation of single lateral for single family unit and access to the property be limited to a single driveway. The report also recommended notifi- cation of adjacent property owners as to the proposal. MOVED BY BRUCE, SECOND SHINPOCH, Council concur in the 'committee report., • ROLL CALL VOTE: 2-AYES: SHINPOCH AND BRUCE; 5-NO's: PERRY, THORPE, STREDICKE, TRIMM AND CLYMER. MOTION FAILED. MOVED BY STREDICKE, SECOND PERRY, CITY CLERK BE AUTHORIZED TO NOTIFY McELROY ASKING FOR ANNEXATION PRIOR TO CONNECTION TO SEWER SERVICE. CARRIED. • MOVED BY PERRY, SECOND THORPE, NO FURTHER CONNECTIONS OUTSIDE .THE CITY FOR SEWER SERVICE BE ENTERTAINED UNLESS THERE IS EXTREME, • CERTIFIED HEALTH HAZARD.* Councilwoman Thorpe noted this applies • to existing structures, no new construction being• allowed to con- Sewer Connections nect. .Upon inquiry by Councilman Trimm, Public Works Director to Property Out- Gonnason noted previously adopted resolution clarifying those Side City limits properties adjacent to sewer line in City would be allowed to con- , Disallowed Unless nect upon findings of health hazard; these last few items before Extreme Health the Council. requiring extension of lines in order to connect. Hazard Gonnason asked that resolution be rescinded if policy changed. • Gonnason noted need for septic tanks for new construction in event • • of change of policy, noting late comer's agreement paid in event of connections in the past. Councilman Clymer disapproved of septic tanks. *MOTION CARRIED. MOVED,BY STREDICKE, SECOND THORPE, COUNCIL REFER SUBJECT MATTER TO THE WAYS AND MEANS COMMITTEE. • CARRIED. Elk Ridge prive The Public Services Committee report recommended denial of request Name Change to change the name of Eagle Ridge Drive to Elk Ridge Drive', suggest- Denied ing alternate proposal to deed the entry way of the Elks Club to the City to name "Elk Ridge Drive'or pursue other similar approach for better identity. MOVED BY THORPE, SECOND STREDICKE, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. • City Hall The committee report noted review of the Public Works Department Heating System request for modification to the City Hall heating system and Modifications installation of the Vertrex Energy Manager system; the Mayor's Approved Committee on Energy Conservation also reviewed the proposal and recommended favorably. The committee report recommended Council concurrence in the modifications and installation and that the matter be referred to the Ways_and_Means Committee for approprie- tion of funds within the limitations,of the existing budget. MOVED BY STREDICKE, SECOND BRUCE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. NEW BUSINESS Councilman Perry noted review of Council •procedure ordinance'and • Council Procedures asked that each Council Members, the Mayor and City Clerk review the ordinance also; requesting adherence to the rules. ORDINANCES AND RESOLUTIONS • . --3Ordinance 03186 The Ways and Means Committee Chairman, Earl Clymer, presented.com- lRenfon l{i11- inittee report recommending second and final-readings of an .ordinance Comprehensive Plan amending the City's Comprehensive Land Use Plan of Renton Hill area. \� ' t ,v • Aton City Council 12/5/77 Page 6 • Ordinances and Resolutions - Continued • Ordinance #3186 First reading of the ordinance was 11/28/77. City Clerk Mead Continued the ordinance designating' area•as single-family and multi-family Renton Hill residential, greenbelt and recreational; also deleting Mill Ave. S Comprehensive extension and Grant Ave. S. as being impractical and inappropriate. Plan Following readings, it was MOVED BY CLYMER, SECOND THORPE, COUNCIL ' ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES except Councilman Bruce was not present during the Roll Call. MOTION CARRIED. • Resolution #2150 The Ways and Means Committee report recommended reading and adop- Housing & tion of the following resolutions: Resolution was read adopting Community the 1978 Housing and Community Development Program; Public Hearings • Development held 11/28/77 and 12/5/77. MOVED BY CLYMER, SECOND THORPE, COUNCIL Block Grants ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2151 Resolution was read allowing Teleprompter to merge its subsidiary • Teleprompter TV companies under, the name.cif Northwest Cablevision. MOVED.BY Merger CLYMER, SECOND THORPE, COUNCIL ADOPT RESOLUTION AS READ. CARRIED. Resolution 2152 Resolution was read extending the Renton Hill building moratorium Moratorium — on multi-family residences for a period of 90 days.. MOVED BY • Renton Hill Area CLYMER, SECOND THORPE, COUNCIL ADOPT.THE RESOLUTION AS READ. Councilman Stredicke requested that the Administration look • at the access problems on Renton Hill; Mayor Delaurenti assigned . Public• Works Director. MOTION CARRIED. • Ordinance 03187 MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL RECONSIDER ACTION TAKEN Garbage Collection 11/28/77' CONCERNING .THE GARGABE ORDINANCE. CARRIED. Following Rate Increase readings of the ordinance, MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL First Reading of ADOPT ORDINANCE.* Councilwoman Thorpe requested Administration Ordinance 11/21 include information to residential users with billing - how to obtain one can rate. Councilman Perry requested for the record, percentage of increase, explaining garbage franchise stipulation that the contract would be open for renegotiation if rates increase above 20-30% infive-year period. Gonnason explained rate increase due to increase in County dump fees - one can 4.1% increase; 2 can • 5.6% increase; additional cans 12% increase (within 25 ft.). Gonnason ended list with 2-yard container, 22%. Councilman --� Stredicke requested report listing increases for various industrial .concerns 1975-78. Gonnason explained cost-of-living clause in contract for drivers, which may mean increase in costs within six • months. Councilwoman Shinpoch asked the alternatives to one-bidder award situation. Councilwoman Thorpe noted recycling studies. ROLL CALL: 4-AYES: THORPE, SHINPOCH BRUCE AND CLYMER; 2-NO: PERRY AND STREDICKE; 1-ABSTAIN DUE TO INSUFFICIENT INFORMATION: TRIMM. *POTION CARRIED. StrediO a recycling,rec J Y q, outlining processes. Executive Session MOVED BY PERRY, SECOND THORPE, COUNCIL MEET IN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING WAGE NEGOTIATIONS. CARRIED. Council President Perry requested audience and Staff Members leave the Chambers. Time: 10:30 p.m. Council convened at 10:48 p.m. All Council Members present at Roll Call. Greetings Councilwoman Thorpe extended Happy Hanukkah greetings, asking • to be noted in the record. ADJOURNMENT MOVED BY STREDICKE,, SECOND BRUCE, COUNCIL ADJOURN THE MEETING. CARRIED. Time: 10:50 p.m. • Delores A. Mead; City Clerk • • . Hup " -' CITY OF RENTON, WASHINGTON • RESOLUTION NO. 2152 WHEREAS the Planning Commission. of the City of Renton has .r .recently recommended changes to the Comprehensive Plan within certain areas• of the City, and WHEREAS such review and recommendations include an area in the City generally known as"Renton Hill" as hereinafter• more • particularly described, and • • • WHEREAS it has been determined by the City Council.and • the Planning Commission that serious problems may'result in said area • if unlimited construction were permitted for any multiple dwelling, commercial or industrial purposes, due to insufficient and inadequate street access, circuity traffic pattern, means of ingress and egress, 1 and such existing problems may seriously affect the public health, safety and well being of the community, and in particular the . residents within the hereinbelow described area, and WHEREAS the City Council of the City of Renton has passed an Ordinance changing the Comprehensive Land Use Plan for said Renton Hill, and WHEREAS the City Council has referred the subject of zoning on Renton Hill to the Planning and Development Committee and to the Land Use Hearing Examiner, and WIHIEREAS it is deemed to be in the best interest of the City • to establish' a moratorium on certain construction pending completion of the present studies and reviews, including public hearings thereon, NOW THEREFORE • THE CITY COUNCIL 'OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS; SECTION I: The above statements and recitals are hereby found to be true and correct in all respects: • -1- • • SECTION II: In furtherance of public health, safety and general welfare, there is hereby declared a moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities. of every .type and nature, for a period of ninety (90) days from date hereof, and relating to the following described territory: • All that portion of the SW 1/4 of Section 17, Twp . '23 N. , Range 5 E,W,M., lying east of FAI 405 and • south of Chicago-St. Paul Milwaukee and Pacific . Railroad. Together with all that. portion of the • NW 1/4 of Sec. 20 Twp. 23 N„ Range. 5 E.W;M. , • lying East of FAI 405 and North of the PUget Sound • Power and LIght Company transmission line easement. • In the event that the study and review of the City's zoning on said Renton Hi1.1 has not been completed within said ninety (90) day period, then this Ordinance shall be renewed, without further action of the City Cciuncil, for an additional period of sixty (60) days. rho aforesDecified moratorium shall not apply to exi::tinal a;.sartments, single family or duplex dwellings or the renovation, repair o... maintenance of same. • PASSED BY THE CITY COUNCIL this 5th day of December, 1977: • • -- . Delores A. ead, C1i Clerk • APi'RI::VED BY THE MAYOR this 5th day of December, 1977. -Charles J. Delaurenti, Mayor. Approved :1.: to form: La,renc" J. Waryen, Acting City Attorney Jp r ire„ CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL . . • NOTICE IS' HEREBY GIVEN that the Renton City Council. has fixed the 21st day of November , 19_77 , at 8:00 p.m. in the Council Chambers of the Renton Municipal Building, Renton, 'Washington, as the time and .place for a public hearing to consider the following: COMPREHENSIVE PLAN,. RENTON HILL PLANNING AREA (THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON • THE SOUTH) SEE ATTACHED MAP Any and all interested persons are invited to be present.to voice approval , • disapproval or opinions on same. CITY OF RENTON De ores A. M d ea , City Clerk DATE OF PUBLICATION October 21 , 1977 a -4.14-Nib•:1 _ ` « .•_._, .-__ .A _••le r---• .-:.•.. _ yt ire: • ..a.a.ANa.- .J•a -Jtw .:-I'f.'F:. - e�yC adC 4YL• r_am="- S r�ir-• - . 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J - •• r • x. y • ii...:. _ar'{w a.i . ••C.* '— ..-. -- I. • -• d • • • • . .t r ,a t -' - • • 6 T r, •` U t aitairllr rl�argnraa{•a•.�- • �•°e. •Vii-. .-- - - •. _ -. -._ - - -. .. - . - - -/I" :2 -�` . -winma••• aasn�/ �` sjf`g•Awer:.,5' - 7 0 : _ •:_- •tJ:.. . ... .+.ice ��^ ' + ''_r___ {J _ ... .- J, •„ - e laltlil�•lrl�ld.eLt. aitlar/f • C { . 1 /-Ntano. ...... . . ---.....,--4„,„, ac-i :: . / / \•,) ,•, ..- • _' • -r. [ .- • Z• •'. �' C�PQ t.0 . rtc-i ' .r-:- • �; . r •e• i • i)::t_r -gyp Iir • •ve x --•--..➢ +It // T — I fF • , 1 • WAYS AND MEANS COMMITTEE ' September 26 , 1977 1: .An Ordinance for second and final reading adopting by reference Title' 9A of the Wash • - ington Criminal Code. • 2 . A Resolution setting a hearing date. on a • portion of S .W. Harris Place . The hearing date has been set for October 17 , 1977 , 3. A Resolution at the request of the Municipal Court declaring certain equipment surplus , • namely typewriters , to obtain the best possible terms for the City on a cash basis . • 4 . A Resolution declaring a moratorium for a period of 90 days on a certain portion of • the City generally known as Renton Iiill prohibiting the construction or alteration. / of any multiple apartment building, commercial , or industrial facility but excluding existing apartments , single family Or duplex dwellings or the renovation, repair or maintenance of same . The Resolution also provides that in case the studies have not been completed and a review of the City ' s Comprehensive Plan in the 90 day period, this moratorium should be renewed for an additional 60 day period. • Earl Clymer, .Chairman Barbara Shinpoch George Perry RENTON CITY COUNCIL Regular Meeting September 26, 1977 Municipal Building Monday, 8:00 P.M. Council Chambers MINUTES CALL TO ORDER Mayor Charles J. Delaurenti led the Pledge of Allegiance to the Flag and opened the regular meeting of the Renton City Council. ROLL CALL OF GEORGE J. PERRY, Council President; EARL CLYMER, RICHARD M. COUNCIL STREDICKE. MOVED BY CLYMER, SECOND PERRY, COUNCIL RECESS. CARRIED. The meeting recessed at 8:05 p.m. and reconvened at 8:12 p.m. Roll Call: PATRICIA M. SEYMOUR-THORPE, PERRY, CLYMER AND STREDICKE. MOVED BY CLYMER, SECOND PERRY, ABSENT COUNCILMAN KENNETH D. BRUCE AND COUNCILWOMAN BARBARA Y. SHINPOCH BE EXCUSED. CARRIED. STAFF IN C. J. DELAURENTI, Mayor; G. M. SHELLAN, City Attorney; GWEN MARSHALL, ATTENDANCE Finance Director; DEL MEAD, City Clerk; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RICHARD GEISSLER, Fire Chief; HUGH DARBY, Police Chief; DONALD D. CUSTER, Administra- tive Assistant. • PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL MOVED BY PERRY, SECOND CLYMER, COUNCIL APPROVE MINUTES OF SEPTEMBER 12,. AND SEPTEMBER 19, 1977 AS PREPARED AND MAILED. CARRIED. AUDIENCE COMMENT Charles Shane, 3003 Mt. View Ave. N., objected to proposed 90-unit condominium on Renton Hill because of inadequate water, street, Renton Hill access, fire protection and asked that environmental impact be prepared. Mr. Shane also objected that Renton Hill residents must ' attend lengthy hearings and questioned vacation of Grant Ave. S. Public Works Director Gonnason noted Grant Ave. S. has not been vacated, additional right-of-way has not been acquired. Gonnason explained environmental impact statement would be required at the proper time. Councilman Stredicke reported building moratorium placed on Renton Hill (Res. #2137 9/26/77). City Attorney Shellan advised against Council participation in this subject matter until such time as it officially comes before the body. PUBLIC HEARING This being the date set and proper notice having been posted, Street Vacation published and mailed, exceeding legal requirements, Mayor Delaurenti Portion of opened the public hearing to consider the vacation of a portion of SW 12th St. SW 12th Street together with nearby alley, lying southerly of SW (S. 150th P1.) Grady Way and easterly of Oaksdale Ave. SW, northerly of FAI-405. Letter from Board of Public Works, Warren Gonnason, Chairman, noted review of proposed vacation as petitioned by Coldwell Banker on behalf of E.R. and A.M. Turner and Yvonne A. Lucker. The letter reported no need for retention of utility easements and no objections to the proposed-street vacation as the right-of-way is not necessary for present or future use as part of the City's traffic circulation system and would be consistent with previous vacation of adjacent rights-of-way. Public Works Director Gonnason used wall map to point out area and the Springbrook Creek,as requested by Councilman Stredicke. Gonnason reported no conflict. Councilman Stredicke explained to C.W. Minaker, Attorney for P1r. and Mrs. Turner (also present) the City's policy of receiving payment of 1/2 appraised valuation of property to be vacated. Mr. Minaker expressed belief that this vacation was completion of prior incomplete street vacation and charges should be in accord. Councilman Clymer reported the entire street had not been vacated previously to prevent landlockinq of property. Councilman Stredicke noted if street was not vacated, off-site improvements could be required. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CLOSE THE HEARING. CARRIED. MOVED BY STREDICKE, SECOND THORPE, THE CITY. VACATE THE PORTION OF SW 12th STREET AS REQUESTED WITH THE PAYMENT OF ONE-HALF APPRAISED VALUE AND. MATTER BE REFERRED TO THE PUBLIC WORKS DEPARTMENT FOR IN-HOUSE APPRAISAL AND TO THE WAYS AND MEANS COMMITTEE FOR ORDINANCE. CARRIED. CONSENT AGENDA The following Consent Agenda items, previously distributed to all Council Members are considered routine and are enacted by one motion unless removed by Council action for separate consideration. AO S Renton City Council 9/26/77 Page 3 Correspondence - Continued Property Tax of its assessed valuation within few weeks and forms will be supplied Levies - to use in submitted levy. Councilman Perry noted dilema •of need Continued for tax levy information prior to receipt; Mayor Delaurenti noted letter would be directed to Assessor and Mr. Lowry. MOVED BY THORPE, SECOND PERRY, REFER COMMUNICATION TO THE WAYS AND MEANS COMMITTEE. CARRIED. Recess MOVED BY THORPE, SECOND PERRY, COUNCIL RECESS. CARRIED. Council recessed at 9:57 p.m. and reconvened at 9:02 p.m. Roll Call: All present as previously shown. OLD BUSINESS Councilwoman Thorpe submitted petition signed by 238 citizens for Community the new Senior Center which had been presented at the 9/22/77 com- Services mittee meeting concerning Senior Center and a petition against the Report center. Mrs. Thorpe noted session well attended, that major concern was adequacy of Sartori School, amount and method of financing and Senior Citizen architectural agreement. Councilman Clymer had explained Sartori Center not available on long-term basis, explained costs, that estimated 81Z% of overall cost would be for architectural and engineering fees. Councilwoman Thorpe explained that majority of persons present • favored center and urged progression of project. Public Services Public Services Committee report was submitted by Councilman Committee Report Stredicke recommending Council concurrence in request of the Valley General Hospital agreement authorizing the Mayor and City Clerk Valley Medic I to execute agreement. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. LID #308 Councilman Stredicke requested added referral for Consent Agenda item SW 34th & (Street improvements for SW 34th and SW 41st St. at Lind Ave SW, SW 41st Street Glacier Park applicant) L.I.D. #308. MOVED BY STREDICKE, SECOND Improvements THORPE, ADDITIONAL REFERRAL FOR LID #308 TO THE PUBLIC SERVICES COMMITTEE. CARRIED. ORDINANCES AND RESOLUTIONS --� Ways and Means Ways and Means Committee Chairman Clymer presented committee report Committee Report recommending second and final readingsof an ordinance adopting by Ordinance #3156 reference Title 9A of, the Washington Criminal Code; first reading Criminal Code 9/19/77. Following readings, it was MOVED BY MOVED, BY CLYMER, SECOND THORPE, COUNCIL ADOPT ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Resolution #2136 The committee report recommended. reading and adoption of a resolution Street Vacation setting a 'hearing date of 10/17/77 for vacation of a portion of SW Harris P1. SW Harris P1. located between Hardie Ave. SW and Rainier Ave. S. Following reading, it was MOVED BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RESOLUTION. CARRIED. Resolution # 137 The committee report recommended reading and adoption of a resolution Building declaring a moratorium for a period of 90 days on certain portion Moratorium of the City generally known as Renton Hill prohibiting the construc- Renton Hill for tion or alteration of any multiple apartment building, commercial , Study of City's or industrial facility but excluding renovation, repair or.mainte- Comprehensive nance of existing apartments, single family or duplex dwellings. Plan of area The Resolution also provides that in case the studies have not been completed, renewal period of additional 60 days allowed. Following reading, it was MOVED BY CLYMER, SECOND PERRY, COUNCIL ADOPT RESOLU- TION. CARRIED. ADJOURNMENT MOVED BY CLYMER, SECOND THORPE, COUNCIL MEETING ADJOURN. CARRIED. The Council meeting adjourned at 9:30 p.m. Delores A. Me d, Ci Clerk • f7 • CITY OF RENTON, WASHINGTON RESOLUTION NO. 2137 WHEREAS the Planning Commission of the City of Renton, together i with its committees, has been and is now studying and reviewing proposed • amendments to the City's Comprehensive Plan within certain areas of the City, and WHEREAS such study and review also includes an area in the City generally known as"Renton Hill", as hereinafter more particularly described, and WHEREAS it has been determined, on a preliminary basis, that serious problems may result in said area if unlimited, construction were permitted for any multiple dwelling. , commercial or industrial • purposes, due to insufficient and inadequate street access, circuity traffic pattern, means of ingress and egress,and such existing problems • may seriously affect the public health, safety and well being of the community, and in particular the residents within the hereinbelow described area, and WHEREAS it is deemed to be in the best interest of the City to estabii3h a moratorium on certain construction pending completion of e the present studies and reviews, including public hearings thereon, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: SECTiON I: The above statements and recitals are hereby found • to be true' and correct in•every. respect. • SECTION II: In furtherance of the public health, safety and • general welfare, there is hereby declared a moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities of every type and nature, for a period of ninety (90) days from date hereof, and relating bt to the following described territory: Ali that portion of the SW 1/4 of Section 17, Twp. 23 N. , ,Range 5 E. W.M. , lying east of FAI 405 and south of Chicago-St.Paul Milwaukee and Pacific Railroad. Together with all that portion of the NW 1/4 of Sec. 20 Twp. 23 N. , Range 5 E.W.M. ,. lying,East of FAI 405 and North of the Puget Sound Power and Light Company transmission line easr:ment. -1- -91 • • • • In the event that the study and review of the City's Comprehensive Plan and related documents as same affect the abovedescribed area have not been completed within said ninety day period, then this moratorium shall be renewed, without further action of the City Coundil, for an additional period of sixty (60) days. • The aforespecified moratorium shall not apply to existing apartment • single family or duplex dwellings or the renovation, repair or maintenance of same. P • PASSED BY THE CITY COUNCIL this 26tlday of septemberd977. igVIVAlea e'CZNel APPROVED BY THE MAYOR this 26th day of September , 1977. Charles Delaurenti, Mayor- Approved as to form: • • 61944. G and M. Suellen, City Attorney • • • -2 • - • II , 4, .._••• i. ,„ , ,. „,.. . • • „ .: : . . A? • • e.14:;.1.0.2,..:ALL '- Renton /igen 440i44,,., ..i.4: ?,,,,.., • ' .1 residents• 4 rip — City . . ,,, discrimination ' Z .,•• : ,i:. . .,. Renton Hill residents baaddd to- Cedar Avenue u -' ` .�, •�.: � South, focus'of the Presented seated,at.- t g p' sent a united fronthearing. and. re the:: against a developercontroversy,is now zoned topermit ��' ;,, ,�;. ;��. ,` ;., and charge the" bog' city with "Zoning discrimination" apartments. "We're.opposing .spat`de-', when: Zon ngof growth in.tion". "Testiag•the�". nelopment on the'hill'and feel it'sa ::;, r~e ei:t rh issue aired growth in.theiry eight-uniteler Farrell;involved in an violation of tlae,Coo*!ini*Planning :, duringb r Renton wasairedPlanning Commis- condominium now under process,;, neighborhood spok r atReng. construction on Cedar,Said his firm sin lathy Reolker'Siid. "Develop,:;'.sion . "was just testing the waters" With inent Will haveadetriMentaleffect.^. More than 120 hill residents, recent advertisements for a 90-unit .Inresponseto the coucerai;armed with a plank of recommended facility. ��' :' land-use changes, crowded city But,he said,it would be im r � ° rorwarded�a four-poem r council chambers to urge the plan- to' flaunt "zoningPinPe obf relief;submittedbytheir discrimination" lawyer Bob McBeth. ning commission to prohibit apart- against people "who can't afford In the meantime,the commission's, merit development on Renton Hill. single-family homes:." He said the comprehensive plan committee will And.developer Gene Farrell, development over 10 acres is not like consider land-use map changes in a ' Homeco Realtors, arrived with apartment development"and is not meeting Wednesday at 7:30 p.m.in drawings of a proposed 90-unit con- all that much denser than the neigh- city hall. dominium that"could give this older borhood now." neighborhood needed outside en- Farrell said an environmental irn- couragment." pact statement would be needed it The commission, after taking the$4 mlllkln development goes any about two hours of testimony on the further.But at this time no plans or " question of growth versus status permits have been submitted or quo, decided to refer the matter to granted, planning department committee and continue the hearing head Gordon Erickson confirmed. - Oct. 12. Neighbors cited their major con- What residents are asking.is a terns as traffic volume,access to the change in the city's comprehensive hill; children's safety and school land-use plan, a zoning guide; and busing,crime rate,views,the quality. actual zoning to prohibit 'multi- of hill life, the hill's historic value family dwellings on the hill, and a collective pride of ownership. The request would require a land- Petitions gathered • use map change first, and a down- Petitions of more than 230 names` zone later since the west side of warp:gathered in support'of those • • • Page 2-Record-Chroriicle-;Section A- -Friday,,September 16,1977 • - - - r t 4 ,, teg-?-4'.y.r.,‘ w- . sr' ►a. r .: 4, y►t •' h "-,•g ice - - ,+, w. G 't; . . 'N,' r,.. ... .,,.,„ . .11t'..-:::47• . \S‘,.,i,..,',_. .• - ., • it- :• A...-, .;...,1 01, ,.4,„,. A may. R. y ...... ..' ,. ,,. , R r • • - - . LEADERS OF RENTON HILL RESISTANCE LISTEN TO DEVELOPER PLANS Staff Photos by LATHY BURS • DAVE FA! _Amelia_Telban;Ruth-Larson,Peggy Jernigan,.Claude Rogers,Kathy:Koelker and-attorney Bob Mc Beth ' .::Homeco, • . .. ��• rat from__.. Renton Hill Peo /e power a de p. •• , I . - • • ‘ ' c0- .7, . I I. . t r • — . ,. , . ,.,c., 1, • '1 , . . ! , , . . , \1 . l • \ \ .a...- ' / . r..1. . ,.. .,. , 1 . ' t- • • , . , ,•1• I . , . . a.,..':• _. .• .. • ; . _\. „_21----..- t;.•.1-4-• -- •-.. - r• -4r`--- -.., , . _ _ , . - ...5-.1„.i.,,,,T•4 1.,... . / ... Vi •, --1--.,'..-÷.--:-. ! - •.,...-- ' • 'f -.3... - . • . . .-. _ _ ...,/, ,, •• - - 14_ :-- • : . . . . - .._%..1;.....___.. 2-.2-.. p• .7. • . If 14.!--.• . . . - •/ , . . ..• ,.-7,7"*T - 1 f I . 1. j '.. - , - ....,-,_,_:-.„.4,-., -•-..0-:,, . , ,...,! , r_a_.4.1_....:_a jay. . . ,J . . 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Ul. ...••A 47.. , -•- •-• •• '•LI ' '.. C. -3-,.:, .a 2.,..kiv.. . .---...1.!s_t:....4.•!, .'•••,..q • i :• :sies.ase.•,. ,z Fo•••;•• • l•-•• vrior4warrar.r•-•alTIW.J;i,.rif."..,... _______._ .\,. .616.... • . . ....._ . " i.fl Wit, 4 i 5 14',••ntr•-• -7'-44....,\ 4.1r •'•-. ' ••• a. 7-74 • !if.i a ..,..!, ..!..!:-; i-,,,,,J ,L.1.,;(El:.,.:....0,,..k. 17-7-}li 1: liTli 7-4."7-.' - . • 0---0-----4, '‘A° . • .0. 7, -A- f'' i _....--- i 0§ _v_i,v-, .14, 7 . - • ...‘,.., - ""' ‘-----:_tv'7.6.4.•.,,4.• .'''''''L-'''''.."'--: ‘i , ,::-..-----4 ,. ...b..r 111-1 • All that portion of the SW 1/4 of Section 17, Twp. 23 N. , Range 5 E. , • W.M. , lying east of FAL 405 and south of Chicago-St. Paul Milwaukee and Pacific Railroad. Together with all that portion of the NW 1/4 of Sec. 20 Twp. 23 N. ; Range 5 E. , W.M. , lying east of FAI 405 and North of the Puget Sound Power and Light Company transmission line easement Renton City Council 6/6/77 Page 3 Consent Agenda - Continued Energy Director. Other members: Rick Beeler, Land Use Hearing Examiner, Conservation and Clark Petersen, Library Director. Committee will coordinate Committee the City's energy conservation measures. Information. Appointment Letter from Mayor Delaurenti reappointed Mrs. Joan A. Walker, 1433 Planning Monterey Ave. NE, to three-year term on the Planning Commission Commission effective 7/1/77 through 6/30/80, having served on the Commission since 1975 and presently Vice Chairman. Refer to the Ways and Means Committee. Appointment • Letter from Mayor. Delaurenti appointted Peter Banks additional Judge Pro tem Municipal Court Judge Pro tem. The letter explained Mr. Banks is with law firm of Hardwick and Conrad,. Evergreen Building; appointment effective through 12/31/77. Refer to Ways and Means Committee. Consent Agenda MOVED BY PERRY, SECOND BRUCE, COUNCIL APPROVE CONSENT AGENDA AS Approval PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS • Senior Citizen Letter from Leland, Pumel, Chairman, Senior Citizens Planning Committee • Center informed Council of motion passed unanimously at their 5/16/77 meeting recommending that the Mayor and City Council pass a $600,000 limited general obligation bond to complete the senior center. MOVED BY PERRY, t • SECONDED BY STREDICKE, COUNCIL REFER COMMUNICATION TO THE COMMUNITY a SERVICES COMMITTEE. CARRIED. District Court Letter from Mayor Delaurenti requested Committee of the Whole agenda Lease of 6/9/77 include presentation by Del Bennett on lease negotiations with the County for District Court space; lease agreement must be executed by 6/30/77. Presentation to include proposed allocation of space for Municipal Court. Moved by Perry; Second Clymer, Council refer communication to the Public Services Committee for review and recommendation. SUBSTITUTE MOTION BY THORPE, SECOND BRUCE, COUNCIL CONCUR IN REQUEST OF MAYOR'S OFFICE AND REFER TO THE COMMITTEE OF THE WHOLE. ROLL CALL: 3-AYE: THORPE, SHINPOCH, BRUCE; 3-NO: PERRY, S1ktICKE, CLYMER. MAYOR DELAURENTI VOTED AYE AND BROKE TIE VOTE, MOTION CARRIED Latecomer's Letter from William L. McLaughlin, Jr. , 10630 SE 176th, Renton, Agreement requested a latecomer's agreement for a water line he is installing Water line in the Kennydale area, noting the plan filed with Water Department, No. W-463. MOVED BY CLYMER, SECONDED BY BRUCE, COUNCIL REFER REQUEST TO THE. PUBLIC SERVICES COMMITTEE. CARRIED. Renton Hill A petition bearing 63 signatures of residents of Renton Hill, mainly Cedar Ave S. Cedar Ave. S. requested rezone of Cedar Ave. S. in its.entirety for Requests single family dwellings, except those multi-family units currently Single Family i in existence, based on reasons: (1) Traffic pattern accessibility, • Zoning street width and parking not adequate; (2) Do not wish to forfeit views by allowing apartments to locate in neighborhood; all residents taking pride in homes and having gone .to considerable expense in both time and money to improve older homes. The letter, noted the neighbur- 1 hood is a quiet place to live and .intent to keep it that way. Moved by Perry, Second Stredicke, Council refer communication to the Planning Commission for review and recommendation. SUBSTITUTE MOTION BY SHINPOCH, SECOND BRUCE, COUNCIL REFER REQUEST FOR SINGLE FAMILY ZONING ON RENTON HILL TO THE PLANNING COMMISSION AND HEARING EXAMINER. CARRIED. • Advance Refunding Letter from Mayor Delaurenti attached letter from City's investment Water & Sewer consultants, Seattle-Northwest Securities Corp. signed by Richard T. Bonds Kennedy, Vice President, concerning recommendations for advance refund- ing of $2,950,000 •Water and Sewer Revenue Refunding Bonds, 1976. The Mayor's letter concurred with Mr. Kennedy's recommendations and noted Kennedy would meet with the Ways and Means Committee 6/6/77 at 7:00 p.m. Mr. Kennedy's letter attached schedule of existing debt service and Dr000sed refundinn issue and savinos. notino meeting with Public Works Gonnason and Deputy Finance Director Bennett and the Finance.Director, Gwen Marshall. MOVED •BY CLYMER, .SECONDED BY SHINPOCH, COUNCIL CONCUR IN RECOMMENDATION AND REFER TO THE WAYS AND MEANS COMMITTEE. CARRIED. 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Y 03t 71 .; 8:1:1 :.: r... ;, 4 kJ 5 s.,•- 0,4./ 1 • 1' 3.1 1-'' • 7-1 .1--, " :•17k 12,-,[..1 ;/..- ';1'3(4? k..FT 4 . la ;' ''''••%t-f: -.': 000 t'cl-,.. 1-7--1!, ''':17.,-M Li_l :Cie'. 9L-T:!4,---1 1 iTii'l-- •44.4.. `;•...? •'.;;'-4,-•;'.1 . 111.1Ar • it a OPENING STATEMENT before Renton City Council, November 21 . 1977 My name is Kathy Keolkers my address is 532 Cedar Avenue South. I am responsible for the petition asking for a rezone of Cedar Avenue South that was submitted to you in June 1977. A second petition was circulated on the remainder of Renton Hill in support of the original petition. It also opposes zoning, planning or . building of multiple family dwellings or industrial concerns on Renton Hill or in any adjacent area that might require access through our. neighborhood. The two petitions have over 250 sig- natures to date and they represent a.majority of Renton Hill. property owners. Many of these people have lived on Renton Hill for more than 50 years. ' Since these petitions were circulated, we have formed a community group called the Renton Hill Community Association. We support and encourage growth that is in the best interests of the residents of the Hill. We are before you this evening in support of the Planning Commission' s recommendations for changes in the comprehensive land use plan for our 'area. You are our elected representatives and we ask you for your help in solving the problems of. Renton Hill. This evening we will affirm our position as opposing apartment development on Renton Hill. We will share the specific concerns which prompted us to take action in order to give you as much information as possible to make a decision on the recommendations that are before you. Simply the fact that we have united our familiis, friends and neighbors in the effort to save Renton Hill is a credit to the City of Renton. We value ..a 'Page 2 Opening Statement, 11/21/77 all the good qualities of life in this city and we feel these qualities are represented in our neighborhood. This effort has not been made by one person but by the many members of the community as a whole. Our position is to encourage orderly, appropriate growth for Renton Hill that is practical, responsible and healthy. The people who will share our concerns tonight are members . . of the Renton Hill Community Association and were chosen by their neighrors to represent them and speak for their interests. Each person will give a short presentation .of specific concerns. In . this way, we will share 'a maximum amount of information in a minimum of time. We have spent several weeks in meetings with members of the Planning 'ommission to study Renton Hill in depth. I am very impressed with their dedication and professionalism and I am amazed with the amount of time and study that has gone Into their final recommendation. We support their recommendations in total and we are pleased to. know that such a conscientious advisory group is involved in the city planning process. we will show you tonight that the addition of multi-family housing on Renton Hill would have a severe detrimental impact on an existing long-established community. It would destroy the unique character of our neighborhood. At the present 'time, . we have reached and, in some cases, exceeded the amount of traffic volume these old streets can handle. With the addition of apartment complexes the traffic volume, access, street width Page 3. ar Opening Statement, 11/21/77 � and parking would be intolerable. This is our most pressing concern. We are also concerned with maintaining our low crime rate, insuring the safety of our children, appreciating the historical value of the Hill and encouraging the pride of ownership which is so important in older neighborhoods. Renton Hill has the potential to become the showplace of the city. By revitalizing,. and improving an older single family community that exemplifies, the best qualities of life in the City of Renton, we all benefit from responsible growth and we add to the value of Renton as a desirable and pleasant place to live.. . We are concerned, we are proud of o.ur neighborhood and we care. If we didn' t care, no petitions would have been circulated, no signatures willingly given, no community association formed and no one would be here this evening. We value our homes and the quality of life on Renton Hill and we feel these qualities are priceless. Without love, family and a sense of belonging for each individual, our society will not. survive. When we stop to realize that each person' s life touches another, we must try to insure that in our relationships with other. people we are warm, compassionate and caring. This is the feeling of being a member of the family of Renton Hill and this is what we are trying to save. 464 November 21 , 1977 To, The Honorable Charles Delaurenti, Mayor and Members of the Renton City Council From, The Renton Hill Community Association Dear Mayor and City Council Members; I have prepared this information for your use this evening to serve as a guideline for our presentation to . you. Included is a copy of my opening statement and a listing of the concerns of the residents of Renton Hill. This information is not meant to provide conclusions but only to share with you the many factors we have defined and taken into consideration in deciding what our position should be. We concur completely in the Planning Commission's recommendation and ask• that you accept it in its entirety. They have spent many hours of study and debate on the problems of Renton Hill and have arrived at. a solution we can live with. We are willing to provide any other information you might require to help in your decision-making process. My phone number is given below for your convenience. Sincerely, Kathy Keolker, President Renton Hill Community Association 532 Cedar Avenue South Renton, Washington 98055 255-0936 • • `y ft: di, o • THE CITY OF RENTON i•}- L MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 n °f CHARLES J. DELAURENTI MAYOR • PLANNING DEPARTMENT Apo 2 35-2 5 50 • O,Q�Tfo 'SEPIV • • • November 18 , 1977 • • Its . Gail L . ' 'Paris Legal Assistant Shidler , McBroom , Gates 24 Baldwin 1000 Norton Building Seattle , Washington 98104 • . RE': , COMPREHENSIVE PLANNING' COMMITTEE.. . • REPORT - OCTOBER 12 , 1977 • ' • • Dear Ms . Paris : . In _response to the questions in 'regard to the above noted report , Planning Commission recommendations apply to the area as described in the public hearing notice on the back of page one. Mill Avenue South would be included in the referenced area . It should be noted , • however , that the Planning Commission ' s recommendation • is relative to the City of Renton ' s Comprehensive Plan . The matter of zoning was not the subject before the Planning Commission , and the Planning Commission made no recommendations on the question of zoning . • If you have any further questions , please contact me . Very /rulY yours , hf //l/.44, ‘. • Gordon Y • ri c ksen Plannin irector • i GYE : wr • . I ,,- ,' . A '' ,ll• „, 0 • THE . CITY 'OF RENTON, V• �� ® Z • MUNICIPAL BUILDING 200 MILL AVE SO. RENTON.WASH 9S05S 0 ' % at CHARLES J. DELAURENTI ,MAYOR • LAND USE HEARING EXAMINER • ati • :L+ L. RICK REELER . 215.2593 • ' ,PEO SEPlOr • • November 15, 1977 TO: Larry Warren, City Attorney . . . FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Renton Hill .Rezoning After reading ,the 'attached City Council minutes of the October 17, '1977 meeting, it . . remains unclear if the issue of any rezoning per City Council'request should, by' , • - ordinance; be. heard by the Examiner or Planning Commission. Mr.. Shellan's. coiament in' the, minutes indicated that the answer pivots on whether any rezone is areaWide ' • 'or not. . He seemed to have, advised the City Council that 'areawide ,rezones should be heard by • the Planning Commission. By implication, rezones for specific pieces of property pursuant to specific applications should be heard by 'the .Examiner. The former rezoning is responsive to changing the Comprehensive Plan. and a decision to bring existing zoning into conformance thereto. In contrast; the latter rezoning is responsive to an application from an individual (s) . property owners) for changing the existing zoning to conform•to the Comprehensive Plan. This issue surrounds the current public hearings being conducted by .the Planning . Commission regarding the Comprehensive Plan for Renton Hill. The issue is.also not critical at this time; however, its consideration is of import when the City Council deliberates upon possible actions to take as a result,Of any Comprehensive Plan changes it may adopt. My request is. for confirmation either way on the issue. If. the City Council and Planning Commission are laboring under a misunderstanding of Mr. Shellan's legal advice, this should be raised to the Council when it receives the Planning Commmu ssion's . recommendation regarding the Comprehensive .Plan. Otherwise, the understanding should be formalized for my records at least prior to the Examiner receiving any request for' hearing any areawide rezoning. L. hick Beeler r2! . c c: M.i y u r O a r l c s J. G�_l a u r e n t i ...._•__. ...., .��...(:uuyl.r. ► 1 IPre. 1(il. t Georyc J. Perry . 9 Ajr.! .: ,I . i i l::kse.n, P1,�nnuny Director , y` •�� LNGDEPNI ti • SHIDLER. MC BROOM: GATES & BALDWIN aOGEA Sn+'DLER LAW Occl`ES 'ECRGE W. McBROOM GOD f.^,RTON BUILDING (206' 223-4666 N'.L'A. -+. GATES SEATTLE WASHINGTON 98104 lVI L AM c BALDWIN DAMES R IRW!N • JADES C MIDDLEBROOKS November 9, 1977 Ri CNARD E. DODD FREEDERICK ROSS BOUNOT JAMCS L. FLETCHER • C RAIG V. WENTZ DAViD T. MCOONALD PATRICIA .j PARKS DALE K. ROUNDT GAR'. O. .+UFF WILLIAM A.BUTLER • • Renton Planning Commission Planning Department • Municipal Building 200 Mill Avenue South . Renton, Washington .98055 . . • Re: Comprehensive Planning Committee Report of October 12, 1977 , • • Dear Members of the Planning Commission: • On page seven of the above-referenced report under . point No. 1 relating to land use recommendations , the Commission recommends that: "1 . Recognizing the existing physical limitations of the Kill ' area, the Committee recommends that the Hill area north of the Puget. Sound Power and Light Company transmission right-of-way be designated as single family residential . " • Is ,?ill Avenue South included in the area referred to above as the area the• Planning Commission is recommending be zoned single family residential? I would appreciate a response to this. question before Tuesday, October 18 , 1977 . Thank you for your assistance in this matter. Very truly ysaur , 'll C ,re z Ga' L. Paris C al Assistant • GLP:pm .^_ �OF R`C' • NOV 1® 19f -o • • ,........_-...• S....'..-'i,- "•."--.,..y,.,.,...,K..l:..,.(..J..•....°..,,.-•,.-.---...- - -,---.•,----...-. --.---. - 7-.....,,.....4.---•.--.r,, - �r: �; :; • ; ;1 z{ 'i ,;.yet ;° �r�lr.6. � �• • 'tiT•' LAN..;•.4,i.','{I��..n4(,Ic �.H ~'��a'OZ. • i��.`�r�.ti '}'''C' +ii:'.�.. tC.,•,�p.F; •.�.e .'�, - 7,F-q ..h'�,' IF`,�.•-t' •�Y.k� .4. 3._i,t. :-•is F'7^. •'C I' ,�..1d'p.5r:. ✓.' • '£3+: .' ° a�� • s"`,:,�„,..•:,., .Kr;"•v.• •'1•� •yp, 1t� �+`!' 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' 54'..114r • r. •:, • • • ��'••/, .7• r ,t.,' . i?;,, r•+},y.'•Nti,I� •S�". �', �y."al • • %' �' 44 L; +y fie..,.# `. ,�{�i[�_ 7 {' 8'i f X:'•t: y ��{ I� 1 .x T, , • 7lj`^�='�,j• n ..?xY !•F1(l '�' ► {1•• t�rb %i i ,.bitY si�W, / Yi�yA,� riiIrSt �F _i' • ti, ", `yi it r".1.::•,..--.4"1. 9, y„,. , in ..eiiit.,..1''�tiy�c,i,itt }i'y;2., !• , ` } ,. ,p y:r:' ..'.: 'i. ,r r ,y.,$..4. 'I'w.,t1 mo , i.' • Residents first' o' i' ystem• , :;..;• r,{.v y,•vol ,�l ,?t r .'_ fi 4 ; don to the city in'June�;cencern'iig .Snell ;�• TI, .ompreben ' = ospital• .. 41 r "_,i�r4.,,,,,-.,,,,A,,,,,'` u ,R „'�.,q•+ i •'h�. :$s1,::. .r`r r IlPy.;',,.., r'', ::.:, •1'*-Li• c•• t.•. , r . V;'q .�, tom; R.� k•'• .:, .,..,�;.': it,�i3O'fiti' .'f.^ ;v�kLL`' ,rt:'"�::y'�-, l! }..,i:. i ,, �', ., •''.l:i:"' ...d •af., r. .).'•.:.1..dl tali:wtt»die,.. r••. ..i,;An,.':p - fly• Rol, . i o THE CITY OF RENTON ,' MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON WASH 98055 CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT o Ica` 235 255J 4pED SE Pit° • • MEMORANDUM • October 25, 1977 • • • TO : Planning Commissioners, • • FROM: Gordon Y . Ericksen , Planning Director • • RE : CITY COUNCIL REFERRAL COMPREHENSIVE PLAN , RENTON HILL AREA • • Attached for your information are a memo and Council • minutes of June 6 , 1977 , and October 17 , 1977 , to clarify the intent of the Council referral . • In view of, this , the Planning Commission public hear- ing scheduled for November 9 will be on the Comprehen- sive Plan only, as . it relates to the expanded area Of the Hill (powerline right-of-way to Puget Drive to Edmonds Avenue S : E. / 116th Avenue S . E . extended) . • • • GYE :wr Attachments • cc : Mayor Council President • .,•� of Rol• THE CITY OF RENTON J 4O 4- j MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 n Ismo . p "Ewa " CHARLES J. DELAURENTI • MAYOR DELORES A. MEAD po d • CITY CLERK • O,4TtO SEPZE1e MEMORANDUM • TO: Renton Planning Commission • FROM: Del Mead, City Clerk RE: Comprehensive Land Use Planning - Renton Hill • The Renton City Council , at its regular meeting of October 17,' 1977, has directed that the Planning Commission be advised of Council action as follows: MOVED BY PERRY, SECONDED BY SHINPOCH, PLANNING COMMISSION BE NOTIFIED THAT INTENT OF MOTION ON 6/6/77 WAS FOR THE PLANNING COMMISSION AT THIS TIME TO CONSIDER ONLY THE COMPREHENSIVE PLAN. CARRIED. City Attorney Shellan noted per ordinance, that the jurisdiction for rezoning is with the , Land Use Hearing Examiner and the primary function with the Planning Commission is change in Comprehensive Plan and also recommendations on zoning changes areawide. o c ✓ •p. ��\ Ci OCT 20 1r177 II l � If . ...... ........... ... z2 .l • Renton City Council 10/17/77 Page 4 Correspondence and Current Business - Continued Garbage Letter from Deputy Finance Director Bennett recommended referral to Continued the Ways and Means Committee for proper ordinance. MOVED BY PERRY, SECOND BRUCE, COUNCIL CONCUR IN RECOMMENDATION. Councilman Stredicke • inquired re change in King County scale system, being advised by Bennett that scales go into effect about 11/1/77 with probable change in rates at that time. Public Works Director Gonnason antici- pated letter next Monday indicating rate increase. Councilman Perry noted being advised in committee meeting of $50,000 surplus in the garbage fund and asked Administration for clarification by next week. • Mayor Delaurenti asked Deputy Finance Director to handle request. MOTION CARRIED. • Advance Refunding Letter from Seattle-Northwest Securities Corporation requested meet- . • Water & Sewer ing to discuss advance refunding of 9/1/54, 5/1/65 and 12/15/65 Revenue Bonds water and sewer revenue bonds, having previously met with Finance Director and Deputy. The letter explained purpose that new refund- ing bonds issued on a parity .of lien with the 1976 refunding bonds . and eliminate the 1.5 coverage'requirement; new coverage require- ment would be 1.3 on all the water and sewer debt or annual reduction in debt service of approximately $65,000. The letter noted second benefit of refunding program with reduction of in debt service of approximately. $43,700. MOVED BY PERRY, SECOND BRUCE, COUNCIL REFER MATTER TO WAYS AND MEANS COMMITTEE FOR REVIEW AND RECOMMENDATION. Councilman Stredicke noted reduction in funds. of $100,000 for application to Senior Citizen Center, being advised by.Deputy Finance Director Bennett that savings on water and sewer bond issues are Utility Fund and not General. Fund savings; Stredicke inquiring re transfer/appropriation. MOTION CARRIED. OLD BUSINESS Council President read 6/6/77 Council minutes regardin9 petition . from Renton Hill citizens to review zoning in area and action taken . Comprehensive with.substitute motion by Shinpoch that Council refer request for Plan - single family zoning to the Planning Commission and Hearing Examiner, Renton Hill which motion carried. Perry reported discussion. re intent of divi- sion of responsibilities and tasks and PERRY MOVED, SECOND SHINPOCH, PLANNING COMMISSION BE' NOTIFIED THAT INTENT OF MOTION ON 6/6/77 .;X: • WAS FOR THE PLANNING COMMISSION AT THIS TIME TO CONSIDER ONLY THE COMPREHENSIVE PLAN. CARRIED. City Attorney Shellan noted per ordinance, that the jurisdiction for rezoning is with the Land Use Hearing Examiner' and the primary function with Planning Commission . is change in Comprehensive Plan and also recommendations on zoning changes areawide. (See earlier setting of public hearing) Planning and Planning and Development Committee Chairman Perry submitted corn- Development mittee report recommending Council support the request of the King Committee. Report County Council to introduce .proposed King County Motion 77-237 to the Joint Sphere of State Legislature, being enabling legislation to allow cities and Influence countiestablish joint CONCURSphere of influence. MOVED I Y STREDICKE, N. RECOMMENDATION. CARRIED. Off-Site The committee report recommended changes to the ordinance following ' Improvements review of procedures for granting deferrals, exceptions, variances and waivers by City Board and Land Use Hearing Examiner, as follows: (a) Ordinance creating the Bd. of Public Works Code 6-2-606 member- , • ship '- restructure membership to include Director of Public Works, Director of Parks and Recreation, Director of Planning, Fire Chief and TrafficEngineer (deleting Airport Director and Finance Director. (b) Duties 6-2-602E, revise changing work"variances" to "deferments" adding after thereto "deferments shall not exceed 24 months." (c) Add new section allowing granting of deferred off site improvements by Board of Public Works, adding statement, that such deferments may be granted for reasonable cost not to exceed a period of two years. The report noted committee will continue to review and study . Council policy regarding this subject. MOVED,BY SHINPOCH, SECOND . • PERRY, COUNCIL CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. Councilman Perry noted policy change that deferments 'shall not exceed 24 months and deferment shall not be granted unnecessarily; previous . -- policy left open-ended deferments, such as at time of LID in area. MOVED BY STREDICKE SECOND PERRY, REFER ORDINANCE CHANGES TO THE WAYS AND MEANS COMMITTEE. CARRIED. .„.,. • • . ....______.. • . • ., .,- , • : . a6.-. . ,4/4 ..77),,,... .e'. 'kt f•,,.i';!r r ••• r,..,eek • ., • .. i„, „,..:.7,;•,,:lyikr,e.., . •. • •-•,,,,,,, . .Pa.ne „ • ..: ...,,..„:....,. .i•?...,, r..?•,...,,,,,,,,..,:ir4,..:.s.v..k. ,... ,,:.;,,.,..i,. ...,:c.„:„..-tiv.,0,,,ti,77 a . Test, : - i :: ,itt:t. u.se.,;/;.;.:....,..;[,..i.J.:::,,,,,,I. ',,:.,,,•• ••,..! -.... •• :•..„:„.1a....."..1:•••••14„,,,i..,...7...• , . :5.1„,.. . ,,„.„,:•,....; ....:.,,,..... .: !„..,: :, ,,,..4..,.„:, ..:‘: . . :.; ......„.f.,,..,....... ,.. • • ..•.c.i..,...•.,„„;:,.....„.t _.:•,..,..:: . .. .. ..,. , .. of Renton . H1,11.....:,.....,..,,...,...-......:,,...,„..,..-. .. . . . • . ,,,,,.•.. . .,, ,,,,‘„,• .kry ERIC PRY.tsIE'.. •,.':. .. ';''..' :'.0-.•. .'g! • 'lir''''::`'I'''t',''''''4i•..''',47,p 4.-,','...,,, '::.". ..,,•.;. •,?.,, ..., ...c.,.-..012, :!,.rarreil.slIosivon,., ,,:14.%,•:.•••.. -rInei.S.Outhiltireau! f.. .",,;!"-,..';', •'10:i,• .• • 'u,,,,r1:,,,,, ..'' •;11,:,...-5..;':AV AA•!,-- . . . ".,s.: -.',..:.'' ', '.;:;,:',,,_,44r4:‘"?.,.:','`reporieitilincortectlyV,:.'....,......;,... • . .r.3. RENTON'--The Planning tiom.:.: ,',.:. • . ... mission here taken what ctiitd.';,c;,-,•?In.an OCrober..5 0011i;egiiii;;,.-1'.': •" be the first step.toward,•bariiiings.:. dispute 0..iiver...apartments0:::04,1P, „I'::•;:,--..,•,.•. further apartment and.condomini-.•-• Renton Hill,.,..,ThesO,(itliTim,e#1e,74-,4'.".•-•,-:':; • urn.constriction on historic.11407 .1.'erroneously reported that i', ttatli::-;•,41:v.,•• i . ton Hill. ' '.4',...••• 1.....,-.;'•.A.. 'developer Gene Fkoell;-'llatk, Y•!-3::,.'7., The comarliSion yoted;•,•4:16,,, • 'said he Inight,'Sue ,;f4Regt,41. .4,,„.,,,•• .-last week..to SCorrunend that,thek",'Rill.Comnnutit y. -z _&hart.: 1.,1- '.1.S..'!';J:j.i'..t:'., • City'Council designate the hill 4..••••.its drive001..14,c.i.panfqinP•su,ro.f ,!a/Lirti:-„:...;..-• ',... single-family residential.neigidita".7:,.. CeaS. .:!...•.7,••••••'..1...:,.;:,,,,-„, -,.,•,,,.;]• ",:„±:7k...0-....:',,. ,••, .hood on Renton's comprehensive'"f,", Farrell .aiti'newiiiy-.ioia'the,,. land-usefplsruk.ThaVORtipOW'.41-;''Citiof RentOn..77,nOt Me•CO,ilt.::*iv.L•w5....'.:::, : ,lows for aparttnerd•OF'cOnderriliti•-•,?... triunity ASseCiation.t.:::. ..',%;::'•;.'.'("..;4.,,.....2.-•11.•K''....'',:' . urn development on the lower pap,.;,. The southTfunes...Fefp'eq;-the.,":„: '7,/,';e4,•*:, of th610... .. ..• : .• :- ,.,..,!,yifi•'ttror. .1•''.. ••".',',,",.;,..:")., ..,. '...--:1,.4.4 .'re4.,• The". commission's ..decial'Orf.i.',, ., , ..i.'......-., .„--...-,... ..-:„.;,-;..„:,'•,i., .:, came over the Objectiom.Of az„,•_.10.4.„.,. ' .„:44;:.1:::"', L•,.. .7' ':':•••••'"'''‘',._,t5ei,,,,4-'"ii,. . •••• cal 'realtor and:•6•-:,rosforlhatiottitl,2;':Mat's nowioned::for houses cord corporation Whi:Cir,.ownSIrrop:etV.;, •be.rezoned for apartinentssi,i;;I:,,,,..,t,..4.4'','... .., . ., on Renton'Affill•1.'?"''',.':"' -- •."'.;-.".• 'Renton Planning Direeter,.:1:40.i'0,.;.:•;'.••••;;,..02.,, . • . '.'We'll.de'3vhat we,can to ekt..,;(lon:Yd..',EriCksen said the,,,,' V.:••••irii;4•'•,',: ‘•;"•:•"•`. courage the CIO Council to defeat.,:',-,:Council.prohabiy,y0 holccito?9. •,•2„.,„,,,...i-,,L,,,..4....,-::-.,.... ...,•, .•••••...•.'4.4,..•, ' ''this teco. nMen4tlati‘ti•i' .ald•P.A,t.nMrt4ilkihteOainriineg.s. .o....fA•f'".iihe.' proposed .'.'`".Z.$P'.'• cis Parks,0tieofE00 semi% tMlili 4'CP4 fA' / .".,!-... . HOVielrei'AUC Pariti4***410.t.P'1.:;THE:riOtORIGi*Og011 speculate de thechancOof if la too will hold. lieriteiffinglorp.k.:.„•7','• •... suit or other Court rriCtiOti.!:'•: .:,•.:,,the:Renton Hill.' uation.1S oyerti,„•'0".•„-.",; That's.a.1Ong„wisk.,04rey,'!''.She-1)er 9—this tl Oril,the.eithavet0 ,...'::::. • 7k4u added. l'-‘‘'....•14!".i.,!V.,•,;•4,4i..,...•••. ',••t•:',;;,',-.... •nity•Associations,-. est...tho the;.:V./,..-, • Traniaresii$4g9t1Ms..nitieliell the :',1474411teady zoftett for:aptifhtionq'. land nOw idtfectifor•Apr'tnielhriGirV.be,doWnzoned to eillt?W Wsinglet"...,2.4,... •,,,, .. ..:Renton Hill., ••• •.y':',.".• .•••• .:.1. ..?;i.r.,..y,:*illy hamee....',.;,,-','.•-",,,..:,........,.....',....rY,,-.'.::::That too WpukqWeheapl -'-'. • •• - :' . . • - • • - •,',,i,,'.1.,,t1,..... ;-:.-...SEVERAL hundred. hilt•rei,•1.-Proval of the eity'rtrwtick•:Etic4.; "T.i.''' • '.•deriti,many of them second-and sen said the city has tieVot,t4i'•:,1 , • ' . third-generation families of this is-.".'''zoned property to a lowerodenaity;' olated..turierliticht190;XYAri.titti.e,ti'l,..1,'Arse against the deielopers;',or.!.??,'45.,•.,.!..- . •tioned the p1attnipg op Jqp,..e.:..rtviner's wishes before.• . .-..,,,..!:.".',:',,4,;..Y''..'' • last spring tWoltatige.Oft., .'''fit,,,forrell.OK,suct! action* cOrrict,.....-;„-r,*(f' plan and zoping•to.batyntilt.4'.,-,'.446.6004:104ftstiqiglegal question; ' .ly dwelling,s tube aria. ' ,... ,Y. --'.Aii!..•'"It's .an..etbitontle.::,',Issiie," he:.•.'.'," ' . Some of the'lower reaches.,..O(,.!°sald."They would be taking sotS.0.-,:::;.......'..• . 1...the MI .near, ,interstate 405;;eV thing without providing compens4,41,:,..4.tift,'..,..- '-'ready'are4201104....ferri'npartirretrtaii,c4ion. I wonder about the'constrjw,,.,,,";•••,::;',:f.,::'1.,:,',.... The Rentori.lilit.:Cortgatiniii(Avict,4etionatity of thirPti`• '...f:•.,,k:.Ife...„•,.q.,,X2',".:,31'."...i"'• . dation,:headed bYlCthY,KeetkiltiO ,""•However,-in t?t legal'mernP:,-;4:: :!.,..' ..... petitioned for the change 14.'iiittlilg,:;'4:zdtup,;toithe,Platniing,COnitnisitast,,,,,,l.t.,,I...!: . -• . .,.;aftei....4,11Rontons.'deyeloper, tAtta'Av last,,leineit,•.Robert McReitk.',41*;,1.1.-it.,,,,• Farrellr befit on eigfttinfV-, . -tCoehti.wilty.4sootation'a.rial.?•Otkoi rhiriintriOntedsitAite::1:••. : ' VvIlgteed.. '' .. •;-......,,....,'',',...Ali,v•-.:;',-,;Tti';.)?2'..• .. . ..:•Filrreu Also 4a,.• „ 4itoti... ,A,,'..Z.111, le,.;4eire(opert,,..ctlitilitlicily,!..:;,.•,,,. ;:•.: .. ijokp bey.*1 ••,.,'1116i"this •change 'dtivAisoninfg),....:1:,r,•( • • . . . i,'.and'plin,ned Id,, 1 •:. . at.WOuld•Tomtit in -economic.rgin.94;',7,:•,,,o; ?.'AOC" OP;''','-,?-,1'- ,A1L ...X.'iii..etild amount to.'.''eh:...'!..t,ncoli#ttlkIrt,. ..i".4 feared development wo1d bt ?;,',:tIonal., taking:.of...litsY.iakreOerlY1::.tst'',1', the,,hill$ narrow..etreet* itihia.1.•..without merit,'!-.Menet); nolta,leyels,,,b1Ocli'vitlyft.and.in- : Renton cOunciltnaU;N.40',-*Q'velki5i!'":"1'0;,;•...... . crease crimer..:1:;:.-.:T.':is4'..'''t.',..'c" T...1.4.; 'No v.ested,:ttgitts eiciAttii*,01-3.0,0,5 ..fl'A,,' • , ..Last vieelti4Riin 1-ii''":-4101i6II011110f$115.01,1ilhige'elfrift ' • ' . .. , ,sitin.,cleciS194.40,:flPgrlf ,,, ..,•$Riede an*,:tr9VA'n2,:).,...., ...:,,•94 ni•iili';0'i.: . ..."4.City,:total,cil,'W'mdd liii.,,)':' 0 .1-k..qn•thls`case4.,,P.k!,A4.. the' OSh,OOArhCe ,.. .' ;;,.I MgncBleih'atin,.,rd•-i,Vift,g;.4•.'.:A'*o•,1lt'.ier.i..5 Z,.i,,.,i‘1 goelatien.4- ll irezere heere Oleaed )!ply with;he:CenPreherOe eek's action by the t*plan so no pr iitissIc ''"'',•'.;.,.•.i . :..-,:'';-N'X''.6":',,,iiikt'."."''''' '...•..." . ''''-r:',,,,,f l''',':.:1, ,•.I..,,',:...,' tt.f44C.3?•.',......-.'Intig, ,,,,:iti.4..z'.(...y4,kp.pd,..0.,.-•.• ,. , . . .. ,.. . . , . — • • •• • : ,• .. . . . ) . . . . . 1 ov • • _v A of fq,A. aft. 41 -r.. o THE CITY. OF RENTON J % ? MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON..WASH.98055 ACHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT (0. 235- 2550 00T fO S•EPtEIe� October 14 , 1977 . The Honorable C . J . Delaurenti , Mayor Members of. the :City Council Renton , Washington RE : PLANNING COMMISSION RECOMMENDATION - COMPREHENSIVE PLAN, RENTON HILL PLANNING AREA (THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST , CEDAR RIVER ON THE NORTH , THE HILLSIDE AND UNDEVELOPED AREA. ON. THE EAST , AND THE • POWERLINE RIGHT-OF-WAY ON THE SOUTH) • Dear Mayor and Council Members : The Planning Commission submits for your consideration recom- mendations regarding the above described .area . This action is pursuant to the City Council referral and request of June 6 , 1977 . . The Planning Commission has conducted, a series of public hearings and work meetings regarding the Renton Hill area , including a detailed. analysis of land use , circulation , ',and community facilities . The analysis and recommendation of the Comprehensive Planning Committee is submitted 'in the attached report dated October 12 , 1977 . . At the conclusion of the Planning Commission publi.c ' hearing of October 12th , the Planning Commission concurred in the recommendations of the Comprehensive Planning Committee and forwarded the committee report to you for 'your consideration . It is recommended that the City Council set November 21st as a public hearing date on the said recommendations . Your con- currence. is respectfully requested . Very tru y you . s , wrdon Y . is en P anninq rector GYE : wr ' Attachments .558 MAYER BUILT HOMES v.STEILACOOM -May-1977 . _ - May 1977 MA ER Btal.:'HOIi v. STEEn./!n'..CO.�:1a 559 [No. 1782-2. Division Two. May 11, 1977:J " - ' Edwin Wheeler and .Hutchins, Plumb & Wheeler, for MAYER BUILT HOMES, INC., Appellant, v. THE TOWN respondents. OF S T uILACOOM, ET AL, Respondents. i [lJ Zoning — Judicial Review — Arbitrary and Capricious REED, J.—Mayer• Built Domes, Inc., (Mayer) appeals ' Action — Determination. A party aseertl;ig that a zoning action superior court .d -mLES l of peti.ionS (1) seeking . frors a Uperi Ibp..l✓..y is arbitrary and cep:iciaas has the burden of proving it Was taken the "acooul'S adoption of a newneweon- re��ew of T o:�i1 of S`e without consideration. and in disregard of facts and.circumstances. A _o erty owned byMayer, o ^• invalidmerely aprevent-3 the most in; classification encompassing p� p- , y zoning action 13 C SnCre., because se it cC'"� permit�+ r i profitable use of prc-pert, or bee auoe a different action seems pref- and (2) seeking to compel the town to L.. .1.. a p e m-., for erable to the court. • - 'construction of an apartment on the property. On appeal, . c !� Mayer contends that. the town actod arbitrarily Cr"_i capn- aloain� — �'slic:it; — Con:isCatifln — What CflnstitLtes. The - . burden of showing such a diminution of property-value resulting ;' ciously in rezoning the subject property and that`the act SO its value as to mr + o an unco st:t tional con- frorn zoninga3 to Amount OU:lt LO a confiscation is O.^.the pt rSQn RqSert: reducedc.: za-•.�L:A -t t.'., • f sca '_or. to a d'3ia.ion, �a,ar halls'gcs the lc� Iit.y of an i it. A reduction in `::^ value of a particular property is j1ls : a.3 by t' ill: C - bC,Cat to the pu.):. 5e 13P.z as soc" pr.s,fitohle use of the property ordinance Ua:cc-1 prior to tilt., ..,. , zoning ei act::C`:t, chic': • remains. removed f: ^t'.:v zL?rir C.,-'r�.� con-a ;; l 3c� +_:: �'=.: r [ 1 Z:ni J Re..- nti v it -- V ez a p.hL:?. A landowner dues l:l tothe - ert L `o ^ ' .1 for th e r �2..✓ .�.t •f. :th not ccr.;• .:o rig u::::Jr e....� ::�:. rea^'lations until application is _ - 1yGC? r;:•a ULlti,.- per : , of... Rki..:1 a charge. t::0 per mitt.-: i `;,�•, 232 11 r•' _ S' ''_,„�o a...._'"'t` ._{+� C: ._ ,iii'�.__i- d sive p-a .� n for its future g: ,.:.._. .I:, esta:.-,�ii .c -vario�.. Jr..- .i-, Nat_tr' ff'of 'T'� ln: ,n pl....Tt'+:u r on-rty was a iectc'1 cl-,c,o'fir=ati-ris,, ....'.-..-3 +yci`'-e L_',st Cr i?-_V ' c.7=- -.-it..--- t- ,�: ^c ten. �• �.�_�...,--,r � .��.�.:^ ,--::: -, ^+� _ to a "ic•�; c-' rc:i 0_ " ��7er r.: r._ v.: �, : , I:o J, as a permit- corporate. ::�.':� c t d use. in on ('}:...,: '; zoning Cl.aSs:'caati011 and. by a latcr • the i_ _,Ct rc:.,.,c+: this:: a .1ahl.. ..n i1.` __t.,. .' ^ .-ed . change i:: c'.:.,._.:i;atazr to one hioh did not permit ao:"._rt- two, nn ^"TS ccc C1?cs:1:C_1. Theo:: lzy i.•ni ._,. . n-... 1 I1-,- --. °� - 'c „aCactions, t 1•,ally'•.gel 1.,, both were 'retail,' n 4_ ^ ::._ -' ••__• -:..,_ co: L.:... � 1._,.-✓..J. .. .,...t 7a..L the plaintiff- C1.a11.' 1♦a,.J ��1. �.. ��,..1:: i,Ct�. rezoned at,.-,..__,•. (w la :J B :'c� • ?;' v the 1. ... , a and soul-it trio 1°SI::II]CC of a ai;t` - '-' ::.ia= '_ , _ ^_a ,`,•._ _ . '-- •,_-_i n, 4 t.,. C:'.L__ t GCS a ' � a.;7 ,:i. .^.`.�i;ar p.. .art [aili i.. - "�.' :?: el.'cra,--e -t S.C__cc C- _-a, 5 .._ :_: C_. - : ,• ,-i :.� :.�•: Ti pl`inti f 'Is actior.s were d' m s i - pr:-,p {•t at _ sue iie c:" - The _. h.• 1-:,° crior ( 1:.1_., f-or Mersa County, !' c:a. L.n.'.vI , - t. - _ - __ • -.. ......_rt C:.� _• t',i_ ,. 1 i • Co',:... .'.f p .c.:[s C,n:!S the zo1_Z. .r, rot a :f ' C; _._, , ? "2t l'e lri i'a "-:ail:: 3rs as i ' C:. i- ..'.e : t _' _,:- L_✓__. , --•- - `.,-'.:_.. ..is t7'_. conf,, fnrj1 and not to constitute. Ila p:OPL_ P.f, 1 r ,.?-. '* . •--. t''- 'r • ir. ci,.,,. z..... ., oi- - l::ti'--:id rotroo.c:.vo ai' '"a.:'_n o a ..-` 1 .,. T.,,, •1 na .:...:i.,.a._,:t. ri' i : t:i.;i co:... „ a:_,.-'al ::i ,•`i.:r%c'-d. of �,_ .. _: _.:..--.1t^ :_ -_.. A' • F for appellant. • - zo_';r.. 1„_ .'/' ..t• of. a - .- ^": 'nil•-CC17..''-.._.._"1l' ,-"` r.1.....:'•7 - arc: am o: tr ::...ion tic. ., ,.. :`�:...t '^ ,••.c-. -•_ .-... . __ ._ ,.1 - property and ; e :csid..ntia- :g:.,3r,._Dv_.. ,a,,,,,. STEILACOOM 561 560 MAYER BUILT HOMES v.STEILACOOM May 1977 Map 1977 MAYER BUILT HOMES v. . -- - up nearby. Among the uses allowed in a neighborhood $8,500 to $10,500 as "retail" versus $4,500 to $7,500 under proposed neighborhood commercial usage. He agreed that commercial zone are single-family homes and duplexes, professional and =business offices, public and semi-public multi-family residential development was the highest and uses, barber and beauty shops, travel bureaus, and "spe- best. use, but seemed to assume that such usage was still cialty stores" dealing in antiques, books, food, flowers, gifts, permitted in the retail district. The council continued the j , to reduce the ordinary meeting to allow study of the reports, and upon reconven- ewelry and photography. Designed commercial impact of these uses were such features as ing on May 21, 1974, it affirmed assignment of Mayer's • restrictions on building height and sign size, a requirement property into the neighborhood commercial classification. for side yards, a limitation on number of employees, and a 11 We consider first Mayer's argument that the town council's rezoning of his property must be voided due to its requirement for advance approval of proposed buildings( _ 4. • arbitrary and capricious nature. A zoning act is subject to plans. Mayer's property was among those sites subject to rezone under this ordinance. judicial review only for manifest.abuse of discretion. The The matter went first before the town planning commis- party asserting that a legislative authority has abused its discretion by acting arbitrarily and capriciously, i.e., with - Sion in a public hearing on February 11, 1974, at-tended by Mayer's president and several people living near Mayer's out consideration and in disregard of the facts, has the burden of proof; if the zoning classification is fairly property. The town'planner, Dennis CIarke, explained that debat able, it will be sustained. State ex rel. Myhre the proposed creation of.a new zoning classification was to V. Spokane, satisfy the policy of the comprehensive plan, i.e., that corn- 70 Vin.2d 207, 210, 422 P.2d 790 (1967). A municipality's patible land uses should be combined and separated from zoning action should be reviewed with the following noncornpatible uses by buffer strips, transitional uses, and approach in mind, as adopted in Carlson u. Bellevue, 73 other, similar devices. As things then existed, there was no «'n.2d 41, 51, 435 P.2d 957 (1968): way to buffer residential areas from the noise, traffic and reasonable in its application to a 'given parcel of land, other characteristics of retail use. After hearing comments In determining whether or not a zoning ordinance is. from members of the audience, many of whom were con among the factors to be taken into consideration are earned about the adverse effect retail use would have on the character of the neighborhood, existing. uses and prop- their nearby homes, the planning commission unanimously ( zoning of nearby property, the amount by which= arty values are decreased, the extent to which the dim- inution of values promotes the public health, safety, recommended adoption of the new classification and 7, 1974, the town council conducted a public hearing to morals or welfare, the relative gain to the public as assignment to it of four parcels, including Mayer's. On May compared with the hardship imposed upon the .indi- vidual owner, the suitability of the subject property for consider adoption of the neighborhood commercial zoning ordinance. The council heard Mayer's position and those of the purpose for which- it is zoned, and the length of the town planner and objecting neighbors of the property. time the property has remained development unimproved, consid- ered in the context of the land development in the rezone would have on its property. An appraiser opined area. No single factor is controlling but each must Mayer submitted two reports on the financial effect the receive due consideration. But to sustain an attack upon the validity of a zoning ordinance, an aggrieved that the highest and best use of the property was for apartments, in which case it was worth $12,000; this he property owner must show that if the ordinance is enforced the consequent restrictions on his property contrasted with a value of $5,500 under neighborhood corn- -mercial usage. A real estate broker valued the property_at T `,c. _ _ - - - r .�� -wL,.>r .-LV�/'�YiaiFdyt-.E"Yltti i'2'��x.a.�^'_- v Jos x-.aes' 562 MAYER BUILT HOMES v.STEILACOOM May 1977 May 1977 MAYER BUILT HOMES v.STEILACOOM 56 preclude its use for any purpose to which it is reason- ably adapted. He is required to show that there. is no intersecting the property, and the need to control traffi possibility for profitable use under the restrictions of and noise in the area. In addition, we have already note the ordinance, or alternatively that the greater part of that many neighbors voiced their fears that permittin the value of the property is destroyed by.it, although there maybe some slight use remaining. Adaptability, retail uses would bringmore g g people into the area,. wit: it has been declared, envisages economic as well as attendant traffic congestion and noise; many, in face function_1 use, and assumes not the most profitable • favored a rezone of the site to a purely residential classifi use, but that some permitted use can'be profitable. cation, without even the sedate business activities contem • (Footnotes omitted.) 8 E. -McQuillin, Municipal Corpora- plated under "neighborhood commercial." The town counci tions 25.45, at 111 (3d ed. rev. 1976). proceedings of necessity followed an informal format, lack We agree with the trial court that Mayer failed in its ing the niceties of courtroom evidentiary procedures so tha burden of proving the ordinance was adopted. arbitrarily the interested citizens could express their views. The zonini and capriciously. Mayer relies heavily on the opinions. as to decision, therefore, was based on opinion and speculation a reduction in value presented to the council, which allegedly to the future of the area and the need to establish the sub demonstrate that the rezone would preclude use of the ject property as a transitional area according to the corn property for "any useful purpose to which it is reasonably prehensive plan. With the trial court, we agree it woulc adapted." There are, however, certain deficiencies associ- have been preferable for the town council to have based it; ated with reliance on the opinion letters. Neither letter decision on a more factual basis. We believe, nevertheless compared the property's value if used for purposes allowed that the zoning ordinance has support in the record and iE under neighborhood commercial zoning with uses permitted not a "wilful and unreasoning action, in disregard of facts under the current retail classification. Instead, both worked and circumstances." Northern Pac. Transp. Co. v. from the premise that the highest and best use would 'be for Washington Utils. & Transp. Comm'n, 69 Wn.2d 472, 478, apartments, and compared that value of the property with- 418 P.2d 735 (1966). Where there is room for two opinions, Sits value if zoned neighborhood .commercial; this approach - a. zoning action is not arbitrary and capricious when exer- ignored the fact that apartments were no longer permitted cised honestly and upon due consideration, even though a V under the retail classification, and that the council was • different conclusion might have been reached. Bishop v. being asked to consider an alleged devaluation of the prop- `-f . Houghton, 69 Wn.2d 786, 420 P.2d 368 (1966). erty if changed from uses permitted under "retail" to those We turn next to the allegedly confiscatory application of possible under "neighborhood commercial." In addition, the zoning ordinance to Mayer's property. Mayer relies neither letter explained the method of valuation employed upon Hauser v. Arness,-44 Wn.2d 358, 267 P.2d 691 (1954), in arriving at the stated figures, and one author expressly which contains language supportive of property rights, such disclaimed any status as a competent appraiser. as the following at page 369: The trial court characterized the case in support of a Zoning laws that result in relatively little gain or benefit rezone as "skinny., It consisted primarily of the town - to the public while inflicting serious injury or loss on the planner's dissertations on a purpose of the comprehensive property owner have always been held lay this court to be plan-to impose buffer zones between commercial.and resi- confiscatory and void. dential activities, the progression of the area to a residen- Mayer argues that the opinion letters show a severe reduc- tial neighborhood, .the projected future for. the roads tion in value, that the public would gain little from the r rezone, and that the action amounts to a confiscation. 564 MAYER BUILT HOMES v.STEILACOOM May 1977 May 1977 MAYER BUILT HOMES v.STEILACOOM 565 [21 We have noted the failure of the opinion letters to Section 1 of ordinance No. 475 provides: competently demonstrate that the rezone from "retail" to The intent of this ordinance is to establish certain "neighborhood commercial" would diminish the property's interim zoning modifications in the zoning code of the value. While we agree there must"be some benefit to the Town pending the adoption of a new comprehensive plan public before a zoningdecision will be allowed to diminish and new zoning ordinance, and to prohibit development of a nature which appears contrary to the intent of the the value of property, here the public in the form of many . present comprehensive plan and the general welfare of area residents, argued that they would be benefited by the the citizens of the Town. uses permitted under a rezone and, indeed, would prefer Despite the use of the word "interim" in the above section, even greater restrictions. Moreover, the opinion letters of , we do not believe that it is in fact an interim zoning ordi- - Mayer's appraisers spoke of a reduction in value of approx- nance. There is no reference to any emergency situation, imately one-half, but there was no evidence the -property nor is there any indication in the ordinance or elsewhere in could not be put to a profitable use, as required by Carlson the record that the Town deviated from the regular notice v. Bellevue, supra. By way of comparison, in Carlson the and hearing procedures specified in RCW 35.63.100 et seq. court upheld a rezone that allegedly reduced the value of Ordinance No. 475 in fact makes several substantive the property from $60,000 to $2,500. It is with poor grace changes in the zoning code. It reclassifies several tracts of that Mayer complains of a reduction in value when it - land, eliminates two use districts, amends the comprehen- acquired the property at a time when it was zoned more sive plan, and, as pertinent here, redefines the retail use restrictively than "neighborhood commercial," then district so as to prohibit the construction of duplexes and obtained an apparently greater valuation due to a 1967 multi-family units. These zoning changes, being permanent change but chose not to build as then permitted; and now to the extent any zoning ordinance is permanent until begrudges the town's attempt to fall back to an intermedi- modified or replaced by a later one, are sustainable as an ate zoning position. In any event, Mayer has not borne its attempt "to prohibit development . . . contrary to the burden of showing such a diminution in value as to amount intent of the present comprehensive plan." (Italics ours.) to a confiscation. Sec 1 R. Anderson, American Law of We cannot agree with Mayer's contention that the ordi- voZoning § 3.25 (2d ed.. 1976). "'1 nance is an example of interim zoning which must fall Finally we address the challenges to ordinance No. 475, because it fails to declare a termination date and was not i.e., that it is an example of illegal "interim zoning" and passed as an emergency measure. That it does not contain that it should be applied to parcels zoned "retail" only after those elements is further evidence that the Town simply the effective date of the ordinance. enacted changes in its existing zoning laws to effectuate the Interim zoning describes a process whereby a govern- purposes of its then existing comprehensive plan; such an mental body in response to an emergency situation tempo- ordinance was within the Town's authority. McNaughton v. rarily establishes an ordinance to classify or regulate uses of Boeing, 68 Wn.2d 659, 414 P.2d 778 (1966). land pending either revision of the existing zoning code or [3] The rule on retroactivity of zoning changes is that adoption of a final; comprehensive zoning plan. 1 A. application for a building permit vests in the applicant the RathJopf, The Law of Zoning and Planning § 11.01 (4th right to use his property as then permitted, and that a sub- ed. 1975); Smith v. Skagit County, 75 Wn.2d 715, 453 P.2d sequent change of zone cannot divest him of -that right. '. 832 (1969); see RCW 36.70.790. State ex rel. Ogden v. Bellevue, 45 Wn.2d 492, 275 P.2d • • • "7-: • cr.: ••••}-10MES STET1.2sri).:,`! ' . • :;': ; • !Ind nt. 11.)v,•evir a_pc; Held a structure on its pfoperty • ;es- . Tin. : on • • -c.• 1'1 Has,-itication prior to aooption No. 471,. iThe ordinance. on its -face, limits- The ti nror9r1..- in the then existing retail use dis'rirt. One:, . ..•-• H- ed certain, uses within'thc . property was subjectto the-redueed:_usages piss - •.-;ther use } 'in g vested. explicitly argued. Niaver's • r. rer. th,-- Towns zoning changes is s....1.‘jt-:•, .•anoti.cc interpretation. Orc-iinance No. 47E‘ • stm .t: •r: ily dweEings ha k ir47 e!:.:r.inated that use from the retail • ••, nrPvert cnnsructi":- un••:: - • -- : .:1Ci '•• ' • .'•,?aver to have e.pied, for a pertnit. to build stru:',ure after a'ontion of ordinance No. 2.7,. Cin.vcn. • ar.:time:it can . •=7...1. is involi,". then tlle ru !:- MO.\or bcc..'n entitled to obtain a- per—'• up until passage of ordinane No: 43,3. not relate back to the passage of an earlier. ordinance. so as to prevent the construction of prior to ordinance No. 4-9G. In sum, if ordinance 40 No. 496. validly prbhibits multi-family dwellings on I\•1.ayer's property, it does so only as of its own effective date, and • invalidation of ordinance No. 475 would, untie that leave 1\layer where it was before adoption of ornnce No: 475, namely, able to build a multi-family dwelling as then • permitted.in "retail." This argument, however. is*premis-2(.1 • • • .• on the ir,ve.lidity• of ordinance No. 475. With that ordinance having been upheld the argument falls. • • • 4- • • 1. • . . . . . • - .. • RENTON PLANNING COMMISSION PUB MEETING OCTOBER 12, 1977 MINUTES COMMISSION MEMBERS PRESENT: Brian Gain, Logan Garrison, Sandra Gist, Anthone Nola, Barbara Schellert, Clark •Teegarden, Joan Walker. COMMISSION MEMBERS ABSENT: Thomas Buckingham. CITY STAFF PRESENT: Gordon Ericksen, Planning Director; Willis Roberts, Recording Secretary. 1. CALL TO ORDER: The meeting was called to order by Chairman Walker at 8:00 p.m. , who led the Pledge of Allegiance. 2. ROLL CALL was taken by Secretary Gist. All members responded present with the exception of Commissioner Gain, who arrived at 8:03 p.m. , and Commissioner Buckingham (on vacation) . It was noted that newly appointed Commissioner Robert Kingen will not be available until ' mid-November. ACTION: MOVED BY GARRISON, SECONDED BY NOLA, THAT THE ABSENT COMMISSIONER BE EXCUSED. MOTION CARRIED. _ 3. APPROVAL OF MINUTES: The Chairman called for corrections or additions to the minutes of August 10, 1977. Commissioner Garrison noted that• the roll call vote at the top of page eight should be corrected to include a "no"vote by Commissioner Gain. Noting no further corrections or additions, IT WAS .MOVED BY TEEGARDEN, SECONDED BY GIST, THAT THE AUGUST 10, • 1977 , MINUTES BE APPROVED AS CORRECTED. MOTION CARRIED. The Chairman called for corrections or additions to the minutes of September 14, 1977. As none were offered, IT WAS MOVED .BY GARRISON, SECONDED BY TEEGARDEN, THAT THE MINUTES BE APPROVED AS WRITTEN. MOTION CARRIED. 4• OLD BUSINESS: COUNCIL REFERRAL: PETITION TO REVIEW COMPREHENSIVE PLAN IN THE RENTON HILL AREA, PAR- TICULARLY THE MULTI-FAMILY RESIDENTIAL DESIGNATED LAND USE IN THE VICINITY OF CEDAR AVENUE SOUTH. THE RENTON HILL AREA IS THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH. Noting continuation from the September 14th .public hearing, Chair- man Walker requested a review by the Planning Director. Mr. Ericksen noted receipt of additional information since the previous public hearing--a legal memorandum and copy of a court case from the attorney representing the Renton Hill Community Association; a letter from Kathy Keolker, Chairperson, Renton Hill Community Association; a letter from Mrs. E. Edna Costner, 439 Renton Avenue South, Renton, requesting consideration of low density multi-family use on a particular parcel of property which • • • sr 41 11 Renton Planning Commission Public Hearing Meeting October 12, 1977 Page Two , • lies between Cedar Avenue South and Renton Avenue South. He referred the Commission to a memorandum from the Assistant City Attorney reviewing the matter of area-wide zoning, as requested by the Comprehensive Planning Committee. Mr. Ericksen indicated that all input had been reviewed by the Comprehensive Planning Committee; .the area had been visited by Committee members; and the Committee has considered the Land Use Plan, the Community Facilities Plan, and the Arterial Street Plan for the' study area. Maps of the area relating to the existing and pro- ' posed Comprehensive Plan, proposed Community Facilities Plan, and existing Arterial Street Plan were displayed and discussed. • The Chairman requested comments from the Commission members. Noting none, she called for the Comprehensive Planning Committee 'report. Commissioner Teegarden, Chairman of the Comprehensive Planning Committee, noted that the Committee had met with representatives from the Renton Hill Community Association and Gene Farrell , developer, and on three .occasions had visited the study area.. After study and deliberation, the Committee submits its recom- mendation dated October 12, 1977. Mr. Teegarden then read the committee report in its entirety (Copy attached). It was noted that the report primarily concerns that area of Renton Hill north of the Puget Sound Power and Light powerline right-of-way to its south , west to FAI-405, and east to the greenbelt area. Mr. Teegarden also noted that Mrs. Costner's property had been field checked and that it was their opinion that subdivision into - three single family residence lots would be more desirable for Mrs. Costner and the community than low density multiple family development. He then discussed the Committee's plans for further study of the .expanded area to the south and the possibility of reviewing the zoning on Renton Hill . ' • Discussion among the Commissioners ensued relative to the question of zoning in the area and the appropriateness of its review. Noting current consideration of only the Comprehensive Plan in the area, as described in the Comprehensive Planning Committee's.: report, the Chairman invited audience comment. Kathy Koelker, 532 Cedar Avenue South, Renton, representing the Renton Hill Community Association, thanked the members of the Comprehensive Planning Committee for their in-depth study and expressed appreciation regarding the task of the Commission and their opportunity to participate in their review. Mrs. Koelker stated that the Renton Hill Association concurs with the .recom- mendations. Gene Farrell , 11112 Rainier Avenue and 280 Hardie S.W. , Renton, stated that they also enjoyed their association with the Commit- tee, although they are disturbed by the recommendation. Mr., Farrell discussed the property presently designated multi-family residential along the western edge of Renton Hill owned by the Transamerica Company. He also discussed the multi-family desig- nated area in the expanded area to the south and its relationship to the single family residential area on Renton Hill.. He ques- tioned the Committee's recommendation with regard to access, noting the need for fire protection and potential single family • development to the east. He suggested that Cedar Avenue South be reserved for traffic purposes and that parking be restricted. The matters of multi-family construction over old coal mines, drainage, greenbelts, and topography were discussed. Mr. Farrell noted economic benefits as the result of multi-family development and inquired regarding possible compensation should the multi- family designated property be reduced to a lesser density. Robert McBeth, 5058 South Third Street and 1632 Lincoln Court S.E: , Renton, noted that part of Mr. Farrell 's comments related to the 11 Renton Planning Commission Public Hearing Meeting October 12, 1977 Page Three zoning in the area rather than the Comprehensive Plan. He indi- cated concurrence in the recommendation of the Committee, noting the following factors as justification: the amount of traffic, limited access, safety and character of the neighborhood. He stated that they feel the Comprehensive Plan change is both desirable and necessary, and they hope the Commission will support it. Patricia Parks, 118 No. 40th, Seattle, attorney for Transamerica Development Corporation, described multi-family zoned property owned by Transamerica which is affected by the Committee's recom- mendation and discussed the history of its ownership. She indi- cated that the: City's Comprehensive Plan had been reviewed during the period of Transamerica's ownership, and there had been no recommendation for change until the present time. She asked that the Comprehensive Plan reflect the interests of her client as well as' other property owners in the area and indicated that the pro- posed change should be reasonable, unarbitrary, and fair. She , then cited potential loss to Transamerica should the Plan be. changed and noted possible legal action. Commissioner Teegarden noted that while the Comprehensive Plan has been revised in some instances in various parts of the City since 19.65,' he doesn't recall that the subject area was con-• sidered _during that period. • • The Chairman .called for further comments. , Mr. McBeth offered examples of court cases relating to what he ' considers similar situations to that being reviewed in which it was noted that the City has the right to change a designation regarding certain property, if it feels it appropriate, as long as the owner has not applied for a building permit. He dis- cussed the factors that he felt should be considered by the Plan- ning Commission in making its decision and again asked for appro- val of the Committee' s recommendation. Ms. Parks requested that the decision be delayed to allow her further time to review the Comprehensive Planning Committee's report and other issues. Mr. Farrell noted that property adjacent to a freeway should be considered in a unique manner, particularly if it' s sizable. Mrs. Koelker noted that the matter had been under consideration for some time and indicated that it was her opinion that an extended public hearing is not warranted. David L. DeVore, 6928 South 120th Place, Renton, stated that the Committee study covered a large area, and yet attention was focused in the vicinity of Cedar Avenue South. He indicated that this could be considered discriminatory in his view. Oliver Gotte, 810 Grant Avenue South. Renton, noted that parking on the street was necessary due to inadequacy of the alleys. James Breda,. 1002 Grant Avenue South, Renton, noted the signifi- cant amount of renovation occurring in the community. Louis Traverso, 519 Cedar Avenue South, stated that the residents want to maintain their. quiet, safe community. Noting no further public input, the Chairman inquired regarding the wish of the Commission. IT WAS ACTION: ' MOVED BY GAIN, SECONDED BY GIST, THAT THE PUBLIC HEARING BE CLOSED. ' i Renton Planning Commission Public Hearing Meeting October 12, 1977 Page Four Discussion regarding the appropriateness of closing the public hearing followed, and it was noted that the Commission will .be . making its recommendation to the City Council for final decision. • . On the question, MOTION CARRIED. Discussion followed, and IT WAS ACTION: • MOVED BY TEEGARDEN, SECONDED BY GARRISON, THAT THE PLANNING COMMISSION CONCUR IN THE COMPREHENSIVE PLANNING COMMITTEE REPORT AND FORWARD IT TO THE CITY COUNCIL FOR THEIR CONSIDERATION. Discussion among the Commissioners followed with regard to.the area involved, the prospect of further review of the expanded area south of Renton 'Hill , and the status of building permits in the affected area. On the question, MOTION CARRIED. ' • the Chairman recognized Commissioner Teegarden, who •moved as • follows: . • ACTION: • MOVED BY TEEGARDEN, SECONDED BY MOLA, THAT THE COMMISSION ADVERTISE • AND HOLD A PUBLIC HEARING ON NOVEMBER 9, 1977, TO'CONSIDER THE COM- PREHENSIVE PLAN FOR THE AREA SOUTH OF THE PUGET SOUND POWER AND LIGHT COMPANY TRANSMISSION RIGHT-OF-WAY TO PUGET DRIVE AND ALSO • THE AREA EAST OF RENTON HILL TO THE GENERAL AREA OF THE' GREENBELT AND TO CONSIDER THE REZONE REQUEST AS FORWARDED' TO THE PLANNING . COMMISSION BY THE CITY COUNCIL FOR THAT BROADER AREA, INCLUDING THE RENTON HILL AREA. Discussion followed relative to the scope and magnitude of the proposed review and the appropriateness of considering both the Comprehensive Plan and the zoning: On the question, a roll call vote was requested with the following results: GAIN - NO n GARRISON - NO GIST - YES /D NOLA - YES 'I SCHELLERT - YES TEEGARDEN - YES MOTION CARRIED. Further discussion ensued with regard to the vote cast concerning the earlier action to accept the Comprehensive Planning Committee's report for reference to the City Council . IT WAS ACTION: . MOVED BY GAIN, SECONDED'BY SCHELLERT, THAT. THE COMMISSION TAKE. A ROLL CALL VOTE ON THE MATTER OF ACCEPTING THE COMPREHENSIVE PLANNING COMMWTTEE'S REPORT ON_ THE RENTON HILL COMPREHENSIVE PLAN.CONSIDERA- TION AND ADVISE THE COUNCIL OF•THE RESULTS. MOTION CARRIED. A roll call reaffirming the vote taken earlier regarding. the accept= ance of the Comprehensive Planning Committee for recommendation to the City Council was taken with the following results: GAIN - YES NOLA - YES GARRISON - YES SCHELLERT - NO GIST - NO TEEGARDEN - YES FOUR YESES, TWO NOES. W S Renton Planning Commission Public Hearing Meeting October 12, 1977 Page Five • `i A recess was declared by the Chairman at 10:00 p.m. The meeting was resumed at 10:20 p.m. with all members noted above in attendance. 5. ADMINISTRATIVE: • A. COMMITTEE REPORTS The Chairman called for committee reports. • • 1. ORDINANCE DEVELOPMENT COMMITTEE , • Commissioner Garrison. Chairman. apprised the Commission • concerning committee progress in their review of the • Zoning Ordinance for possible revision. He also noted • submittal of the proposed revision• to the P-1 zone for ' consideration later in the meeting. The next committee • meeting will be held at 7:30 p.m. .on October 20th. 2. COMPREHENSIVE PLANNING COMMITTEE • . ' • • Commissioner Teegarden, Chairman. noted that their com- mittee report had been presented earlier 'In connection • • with the review of the Comprehensive Plan in the Renton Hill area. He also announced that the next committee meeting will be held at 7':30 p.m. on, October 19th. • 3. GOALS AND POLICIES COMMITTEE Commissioner Walker, Chairman, advised the Commission • regarding progress on the proposed goals and policies and indicated that they hoped to have a proposal to • present at the November committee-of-the-whole meeting. 4. LIAISON COMMITTEE Commissioner Walker advised the Commission that the Planning and Development Committee report concerning the proposed B-2 ordinance was submitted to the City • Council on October 10th, approved, and referred to the Ways and Means Committee for preparation of an • ordinance. B. PROPOSED P-1 ZONE AMENDMENT • • • • Commissioner Garrison, Chairman of the Ordinance Development Committee, referred the Commission to the revised edition of • the proposed amendment to the P-1 ordinance. He discussed' the Committee' s approach to the problem,• requested that the Commissioners study the draft further, .and submit their comments .and recommendations to the Ordinance Development Committeee in order that they may be incorporated into • another draft to be considered at the November 9th meeting. C. OTHER • The forthcoming Planning Association of Washington Fall Con- . ference was discussed. Parliamentary procedure. as it applied to a particular circumstance, was reviewed. • As there was no .further business before the Commission, IT WAS MOVED BY ' GIST, SECONDED BY MOLA, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. The me ng was adjourned at 10:45 p.m. • San ra Gist, ecreiaryy _ Joan Walker, Chairman 4' IO October 5 , 1977 ' • • Mr. Clark Teegarden, Chairman • Comprehensive Land-Use Plan Committee Renton Planning Comftission • Renton Municipal Building • Renton, Washington 98055 • • RE: Comprehensive Land-Use Plan--Renton Hill • Dear Mr. Teegarden: , We appreciate the opportunity you have given to us to participate in your deliberations as you attempt to resolve . the conflicting demands now being made upon you regarding proposed changes to the City of Renton Comprehensive Land- Use Plan. We hope that our input has been helpful to you in reaching a decision in this matter. As you put together your recommendations to the Renton Planning Commission , we sincerely hope that you and members of your committee will keep our concerns and fears in mind. The Renton Hill Comriunity Association has again reviewed the existing Comprehensive Land-Use Plan for the City of .P.enton and would now suggest that the Comprehensive Land-Use Plan be changed as follows : 1 . That the geoprapeic area Making up Renton Hill be reclassified and designated as single family residential . We simply do not feel that the development of multi- . faM.ily housing is compatible with the existing development cf single family residences on Renton Hill . 2 We would ask that all existing streets on Renton Hill be permanently designated as "dead-end--no thru" streets . We see no justification for extending any of the existing streets to accept additional traffic • through Renton II.ill . The existing streets are presently inadequate to handle existing traffic and there is no way to widen cr improve the existing streets to handle the increased -traffic volume that would be generated by multi-family development. • 3. We suggest that the area located directly south of Penton Hill be reclassified as medium density multi- family. In this regard, we suggest that an arterial street plan be developed to circulate traffic onto Pensan Road car Grant Avenue/Puget Drive rather than funneling that traffic onto Renton Will . • 4 . We request that the area presently zoned as H-1 on the Northeasterly portion of Penton Hill be designated as greenbelt or single family residence . We are concerned that the development of property to the south of this area might create a situation in which increased traffic would be permitted- to flow through Penton 'HIll . We therefore suggest that the area involved be designeated as greenbelt and that the greenbelt be extended to the school property • located on .the extreme southeasterly edge of Renton Hill . We would likewise ask . that no through streets be permitted onto Renton Hill from any of the property located near the pipeline right-of-way. We thank you for the opportunity to make our feelings Sand recommendations known to you and sincerely hope that these concerns will be included in your committee 's recommendations. • Respectfully submitted, • • Kathy Keolker, Chairperson Renton Hill Community Association ( 7 , Ga.& ,t?"/P /)-7 /AeP' : ,/ ( „,-)7, A e0n J lh,, rcaY 1`' Tf/'D///.Jih 2 or !!Ic T"/63-, o/ ir-AI W /iza/f i ��- m,/yy cli'P/�9 $ ' e/, ie er/e/ ci 1 sr'.c'car ,z7/2 7‘// 5/-fcA iin-le as- frpf'r ,e6e5-S eeh ,4t pr4'/dcLi 4r> /ham op/-'A, • zi • >< /sf de#cie 5'> e/s rPowrh lI s51.4. dD// a mQ ��/ 0 c�er/7 Jeer P D/eei,fre yer�/c ..0"ec ' /57--/ PC' � s,36 ehm e be ,acle, ( , 41, A7- e •ii,we,,,,/ 6? !e /74=6,/-/i-7 dy Az 1- 411. ,II/i , (i) ,d el sr `o WS ✓. 9 : e q,)s/cIt r rev,zO1 E, retL iiPsI-5 4,0 de4.- rP/7 /7,0 all91)11-frh% A- de, ,,C; , i' , `//-PV�� . 671v/7 s of Ale � 7. u') ('Agalye z.k// 4A -a/ei.)5/ /2-7,v/74- %Ai, Air-A .tee` Pr/ve2 74 /Ve 4/,hh, cleii iX , 1?) Dei% ,i,i/ cita"5/7 de577,vm,74.69., a/er>f. 7 WeF1 ,fiale 4; /2 .906/'. /c(re, , e-- peal-- ele/-2,57/7 a) AO/1-ye 4 LaY-'0/e4.5* ( ,y/cr 7//�S/!/ 9-7 Zdne.1 et./ - c4y51 ( ,1✓,1 k ea/i4M_71/19y 614) /41, 4e. S�/le/ iearls/moo ./ 7/ ,y /� 44,3- r/ fir', / (cfri - den �% 4, hi l 6, (.6' 1'-'f ) / ( ( • ( , / ( 1,42 -. iro" fee 0 7 2 . 6, 4000 0,:ewe. ............gr, 1/ 407/4 ?z /3/oryo /owe 064:0/ S/ iii/c/21 / -"V ..f/fig caeva , otpeiepe ,,(h(Le SP 46P7c;i/ 'c/4V ;40 jo.ypaZsdp 4 a),/e/ Ss/17/ 1,17‘(Ly .7/ IVY--1. 4011/ -•4,/- //WA/ 7/57-/ c/14(cli >/ l° r71;cg ( SO,210 --•Pe‘fiy Jc.7,// fce/ , ( ) ?,(V e?!....-2; sty/a) . " --/ ..ss2:7?" if ac.//c7667 -.-e , A-fyy-s' ,i 1'64)(..4/ 1 e e" 27.41,e2/"V f.) 41 t ,A, • !C� OF R -v- r.4i 4- 2 OFFICE OF THE CITY ATTORNEY • RE /.\ NLL �, . GTON Op �� 'b 'UST OFF:CE 5CX Eta :QO the wENCE ©L•:LOING • RiNTC\,WASHI:!Cr011 aq ,�L1y�`61;4 IO // l; • 0 Q GERARD Ni SHELLAN•CITY ATTORNEY LAWRENCE J.R7 &RE:J. AssssTAN'Tcrry Ai-rtR, y TfoSEPItw55 October 4 , 1977 v oc 6 •• 73: Gordon Y. Ericksen, Planning Director • •0e • Q' 4 • • R0:•:: Lawrence J . Warren, Assistant City Attorney V� Re : City Council Referral - Renton Hill Petition Review of Comprehensive Plan and Zoning Dear Gordon: i'his .Memorandum is in response to your Memorandum of September • , 29 ; 1977 addressed to '•ir . Shellan. Since you posed'. your questions in numerical order, my answers will be in the same order. 1 . "Area-wide zoning" is not defined fined in the Ordinances as you mentioned . However, the intent of the legislation islation would make it apparent that the• Councii meant that the Commission should not be giving recommendations on individual rezone applica- tions , but should be dealing with a grater area of land which might be defined as a definite , discrete area of land defined :,y natura.ldgeographical or political boundaries , including more th:. one ownership . 2 . Yes • 3 . Yes • 4 . If the Commission believes it could deal with both • comprehensive plan questions and the zoning questions at the :ame public hearing, then there is nothing in the Ordinance system that would militate against that arrangement . However, that would a policy decision to be made by the Commission itself . 5 . In answering question 1 above , and referring to section • ..- 2U7 ( B) , it would that th.. Planning i .�anning Commission could make its recommendation to the Council on the 'matter of zoning . However , am not sure that the study on the Comprehensive Plan would be entirely relevant to thr' question of a zoning change . Of some ,of the elements ,. � course , �i:._ ne the same but the Commission should 1emem ;er that the Comprehensive Plan is a long range planning .:h1 zoning in. much more of an absolute action . ..lnswerr, the questions that you have posed , but ..cJu recu i.r o further information , pease feel free to contact • ' Lawrence J . Warren of RA:: © o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE SO. RENTON WASH 98055 O1 CHARLES J. DELAURENTI • MAYOR • PLANNING DEPARTMENT O,Q 235 25SJ 0 q'EO SEPItM September 28, 1977 MEMORANDUM TO: Gerard M. Shellan, City Attorney FROM : Gordon' Y. Ericksen, Planning Director RE : CITY COUNCIL REFERRAL RENTON HILL. PETITION REVIEW: OF COMPREHENSIVE PLAN AND ZONING The above noted matter was referred to the Planning Commission and Land Use Hearing Examiner forreview an,d recommendation . The matter is presently under study by the Comprehensive Plan- ning Committee (note attached referral and petition) . . The committee has requested that I contact you in writing to . clarify the jurisdiction of the Planning Commission under the. new Planning Commission ordinance , as it relates to the zoning question . Section 2-207 (B ) states that the Planning Commission may make recommendations to the Council on area-wide zonings . Due to the lack of a definition of area-wide zoning , the committee chairman has requested : ( 1 ) Your review and definition of "area-wide zoning. " ( 2 ) Could the Renton Hill area be considered of sufficient size for area-wide zoning recommendations? ( 3 ) Could the Planning Commission at this time review the zoning of Renton Hill in view of the Council referral ? (4 ) Could the Planning Commission conduct a public hearing on the Comprehensive Plan and the zoning question together or at the same public hearing as separate items on the agenda? ( 5 ) Would it be appropriate for the Planning Commission to make recommenda'tions to the Council on the matter of zoning as part of the present Comprehensive Plan study? fir (1 GerardM. Shellan , City Attorney September 11 , 1977 Page Two Your review and comments would be appreciated . Please contact me , if you have any questions . Thank you. GYE :wr Attachment . 7t • I ti E R 0 F F I C E MEMO 1 Date June 8, 1977 I' Planning Dept. FROM : Del •Mead City Clerk • SUBJECT: Petition to Rezone Cedar Avenue South Referred by the City Council at its regular meeting' of June 6, to the Planning Commission 'and Land Use Hearing Examiner for review and recommendation re • - garding Comprehensive Land Use Plan and zoning for this area. DM:bh Attach O RF ------ "� ‹c of -74- T7J, i :-1149 ,77 0 7-2 t.7 i- .2_cy j,/ .2 c 471( /171 7?-v-, niezq 2// ,-!?-y'd77 - )/2 79? }.11.2 ,frt.r1,171 t.7,(,( io r-f-r 7140-ii /," le-" 7- ??3?-0-r_L-- ,I - -2 17.77c, iut 9/ -;r2 / 7- rt; ? -' 7p-- t, n911-1-9( 1172177v -7`72-11-/--- )-7771,( ?-24-cy. ?"7.,-4, r-d-4 pina-rrp. r .."; /7177.- ?" 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Al A-144 :b-e144. 741 delYn « . 1141 jaP101 /1/444 t i ;lim : cafe & / .�►w ` . • eta/a," Ai -ketett44.4...- G GL Ly ..`a. diA420,44 1 a,,,cef c . c4, haifed U.eu 4.i4•74-. -max. on ,&e /�i rtui ./ode a aba iced.e44 c, C- nd `1Z Li, fa 2:-/t/ ftrw c4.4 /zinc ro , _724) -44..,..;ed ex.* -44*-terlJa /6 "?iti"' ' :IC 41'ritif : CCIA.7 er144.4. -fdt- ce‘tot aa t. L er „2.dw,..0 . ! .. ,... , ,S. 1;)i1A L.'f dte •LJ • ,• ;ZA4 , V1ii& cekri ei..z.i."4:41e 14ee.4. • 0,4 ct4L44,,,,g.012 e' vio A ' • • fey Y a Ad frri.e ez . 4, .072. eiereevi. 44.7.144 6_42. *it kt.) .cy -thwAl pet 6:d.frut- >eei-zroyf • 0 e- --2 .0.41,1-e-K. eza4. ? re 4rf i2-/e-otiLe a-SS"' • • • PUBLIC NO ICE • PUBLIC HEARING • CITY- OF RENTO.N PLANNING COMMISSION A, PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION IN THE COUNCIL-CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON SEPTEMBER 14, 1977A AT 8:00 P.M. TO CONSIDER THE ITEM • . • DESCRIBED BELOW: • PURPOSE: TOREVIEW 'THE COMPREHENSIVE. PLAN IN THE RENTON HILL' AREA, • ' PARTICULARLY THE MULTI-FAMILY, RESIDENTIAL DESIGNATED LAND USE ' IN THE VICINITY OF CEDAR AVENUE SOUTH. THE .RENTON„HILL AREA ' IS THAT AREA GENERALLY. BOUND BY FAI-405- ON THE WEST., CEDAR . • RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED. AREA ON THE . ' EAST,' AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH. ..i..4. i. t 0-i i c:•.-.;:;tt-41. .i t '.I I.-%•',..:A.ir,,,t i 11,r / •-4.----77--;:s- . •.,,, . . . . ., -.,r 'k e l':-,13 0 VA.-A z.,1 ry, - • „:4.:.....-.. , ,. . • - -, ..- Y j 1' 'Jl _ i 't : •1 ' ,.., ‘ 1 .10 '`I'.. NI ' .� iO4. :s I. ;: .s ..7.4 ' ' t N^ r r : , �\ i, .I (. 1 • ��t... '\ ♦ :'. ) ' ! is ' • . • "4-! •'lf'' • • ' ',II •! , --. i ' •� a,t i / J ; r ' . . ,r •f. 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(;' FEET 1TH TO /o rf (>EfI NT 4p FEET TO -7 Ti (o0 FEET 77-.1-t TO IO T I-1 VI 1 G- H 40 FEET • To -7T11 60 FEET 7.H Tb ibTH SOtJES 30 FEET 3 k.D (90 FEET • yTH (OOFEET 67.r.11, (on tAndeuel opecL due -to 9 rade� " loTH 4 -lT t-I (DO FEET q T r{ ,0 FEET • /0 Ta-I 30 FEET = REN • II TH • 30 FEE I �c� 1 L.,. f ,EAcoj w A y (o(o Ff E T .� 1s77 • 11) 11/1G DEpt`C ,/ CE119 2 - mEH5u (L..EY}IENT 5 �I O FEET LOT- L I N - TO Lot LINE SIDEwALVS GIG,' AND to l e 4CTU 1 L ST eEE T Lu ID T H .2(01 Q " UERAG-E • CAe_ 15 6 - FEET w IAA. Dt =i7ANCE BETwEE ►J TWO Pt32<ED CFl125 WIT![ WHE[_ L .5 AGAINST" CUie6 13I orl r , SP" • ( 4 ,',V H .jam"; 1 c OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON i•',%+ O `1► ISM OFFICE BOX 100 2nd AVENUE BUILDING • RENTON.WASHINGTON owes 235 SO7S p f Ap 44. GERARD M.SHELLAN,crrY ATTORNEY LAWRENCE J.WARREN. ASSISTANT crrT ATTORNEY 4,4 €OSEP1OS' September 21, 1977 :•Irs . Delores read City Clerk City Hall Renton , WA 96955 Re : Renton Hill moratorium resolution Dear Del : We have prepared and are enclosing herewith original and one • copy of a Resolution for a certain moratorium on construction in the Renton Hill . area. Although we do not have too many • details on this matter, we believe that the grounds specified in the resol'.ition are sufficient to support such a moratorium. Would you please have the Public Works Director verify the description to be sure it covers the proper area. • We remain ; Yours very truly, . ' Gerard M. Shellan GNS :c'. , Enc. cc : :' embers of Council iayor Public Works Director Planning Director Secretary , Planning Commission . % C rr . f�`1'rj v �� N ti/ rDEV C t -41 , C , CO inr, /4'X:9 6/4. 94/67 /0.A0 49i/e‘,-e c 2-141147 • Xathy keo lk er 55a eedar due So 55- o 1• 4 Bch114 e awe mfai 4 7i2/Smn -ITS- 66 oo 71tarAtti akkiq IS 1 t Ii4Al t 1.142-2.0 1316 ibArmOtillso- • 445017 ilk . at 642z-3.. /11, xtis— sezi".. .. z -K.iiet/MA.00. • 03e," P4. r\L Lori X•Jes C. R. se 2-1-8 2 t• 3 S4i • ,!' '// • -">€ ;.•ti :•1 eeyarley7 • /1/1;itz +71.4 5":1-6 A:41.4.1 de. 4; ,?t6-5--6 7s/ iteN MEMORANDUM TO Gordon DATE 9/16/77 FROM Willis SUBJECT Renton Hill Comp. Plan Review Kathy Koelker called to advise that the following people will probably attend the Comp. Plan. Committee meeting on Wednesday, 9/21, 7:30 p.m. : Kathy Koelker - 255-0936 Bob McBeth - 255-5600 Clarence Dullabant - 255-4917 Jim Breda - 226-5242 Martha Wiberg - 255-4220 Ruth Larson - 255-0290 cc: Clark Teegarden . , ii)i . . , 41111r . . . ,. • Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss- • itixil.xQt. HA X1130.0.1811 being first duly'Worn on , • oath,deposes and says that J9 DA:is the C fliAtt Cl� k of trittr..• . !lir' . THE RENTON RECORD-CHRONICLE,a newspaper published four(4) or~� • times a,week.That said newspaper is a legal newspaper and it is now a 1,has been for more than six Months ,. �,• LAND, rp poor to the date publication referred to,printed and published in the English language continually as a hews ' EXAMEN paper published four(4)times a week in Kent,King County,Washington, Mom. � 1d1 and it is now and during all of said time was printed in an office maintained MMiON at the aforesaid place of publication of said newspaper:That the Renton • iI1RINa Record-Chronicle has been approved as a legal newspaper by order of they »y ME,. Superior Court of the County in which it is published,to-wit,King County, .; A ��. • �. IISE:. AT . HIS.REGULAR • Washington.That the annexed is a �[Qt. ,C,,0 Qf Publ C ,�011A1� SHE' CITY ./TALL, RE- H4a]"�;Ll$ • tam.W TOtd.ON 11D.1t177.AT.I• fMO A,Y,.TO CONSIDER TIE as it was published in regular issued(and '�- not in supplement form of said newspaper)once each issue for a period • 1.Rllflsl iAfI;ANT RE- ZONE PROM 0 3-1 TO RO'b,/1-3. RID No. R- of 1consecutive issues,commencing on the �-77;propewly located an stint Aw, 80. bee- . Souls Pupil Drive9 dayof. 6tip. alnb.@x' ,19..t.�1....,andendingthe wM1Ah1gNt8t Z IiliROWE avvE8T . law P VALE _n p day of ,19 ,both dates ZONE.kg P .8A,O7, inclusive, and that such newspaper was regularly distributed to its sub 77;property loomed on scribers during all of said period. That the full amount of the fee ma side d Wilt Valley Road end nor*of a.W. charged for the foregoing publication is the sum of 52 '.79 Northeast which N 4114 EL aroobby ad has been paid in full at, L.Cel the rate of per folio of one hundred words for the o. e aM first insertion and per folio of one hundred words for each subsequent ap- insertion. r of *alone Holed above atra • PCLArth..Ki4LL441.1— • C 1).1..e C 1 e.rk Subscribed and sworn to before me this 9 day of ....Sept.enthe.r. , 19....77 r i it 1 ( /Cl \ . U -1-\ Notary Public in and for the State of.Washi ton, i s) residing at Kent, King ounty. 14 •• •, 1J I.1il is •:%.'' � •I —Passed by the Legislature,1955,known as Senate Bill 281,effective June ‘..3 -----'•""-9th, 1955. < <v/ Western Union Telegraph Co. rules for counting words and figures, • adopted by the newspapers of the State. �yN�lyG DEQ� - '.. • • I • s• RENTON PLANNING COMMISSION PUBLIC HEARING MEETING SEPTEMBER 14, 1977 MINUTES COMMISSION MEMBERS PRESENT: Thomas Buckingham, Brian Gain, Logan Garrison, Sandra Gist, Ant-hone Kola, Barbara Schellert, Clark Teegarden, Joan Walker. • COMMISSION MEMBERS ABSENT: None. PRESS: Cathy Burke, Record Chronicle. CITY STAFF PRESENT: Gordon .Ericksen, Planning Director; Willis Roberts, Recording Secretary. • 1• CALL TO ORDER: The meeting was called to order ,by Chairman Walker at 8:02 p.m. , who • led the audience in the Pledge of Allegiance. 2. IITRODUCTION OF NEW PLANNING COMMISSIONER: • • Newly appointed Commissioner, Barbara Schellert, was introduced and welcomed to• the Commission by the Chairman. " • 3. ROLL CALL was, taken by Acting Secretary Mola., All responded • • present with the exception of Commissioner Gist, who was expected to ' • arrive later (arrived at 8:25 p.m. ) . 4. APPROVAL OF MINUTES: It was decided to defer approval of the minutes until the next meet- ing, October 12; 1977. • 5. - OLD BUSINESS: • COUNCIL REFERRAL: • PETITION TO REVIEW COMPREHENSIVE PLAN IN THE RENTON HILL AREA, PAR- TICULARLY THE MULTI-FAMILY RESIDENTIAL DESIGNATED LAND USE IN THE VICINITY OF CEDAR AVENUE SOUTH. ' . THE RENTON HILL AREA IS THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH. • Noting the petition from residents to review the Comprehensive Plan . in the Renton Hill area, the Chairman requested a review by the • Planning Director. Mr.. Ericksen noted that the matter had been referred to the Planning Commission by the City Council . He indicated that the Commission' s area of initial concern is the Comprehensive Plan, although. the. referral relates to both the Comprehensive Plan and zoning in the area. He then pointed out the area under review on the Comprehen- sive Plan map and discussed the various land use designations that currently apply. The •Chairman referred. the Commission to the .original petition from the community dated June 8, 1977, and another petition dated August 26, 1977, requesting Comprehensive Plan review, and noted • that the petitions contained a total of 237 signatures. She then called for questions from the Commission. As none were offered, the Chairman invited comments from the audience. Renton Planning Co: A!';sion Public Hearing MeetTirg September 14, 1977 • • Page Two Kathy Koelker, 532 Cedar Avenue South, Renton, noted she is Chair- man of the Renton Hill Community Association and stated that the petitions submitted represented 154 out of 280 households and that more signatures were forthcoming' this evening. She referred the Commission to the Renton Hill Community Association letter of September 10, 1977, in which specific concerns and recommendations were listed. and indicated that they would be discussed more fully • this evening by individual residents chosen by their neighbors. Mrs. Koelker stated that they oppose multi-family or industrial development on or in the vicinity of Renton Hill for the following reasons: . it would have severe detrimental impacts; street widths are not sufficient and have a maximum amount of traffic volume; access. is limited; parking is insufficient; it would affect the low crime rate; the historical value of Renton Hill should be pre- served; and the residents wish to maintain the pride of ownership evident in the community. She then introduced the next neighbor- hood representative, Claude Rogers. Claude Rogers, 420 Renton Avenue, Renton, discussed traffic condi- tions, noting the limited width of the streets, limited access, and potential impact on traffic should multi-family development and/or another access occur. Margaret Jernigan, 412 Mill Avenue South, Renton, described the safety and security of the neighborhood, noting it has the lowest ' crime rate in the city. It is the neighborhood's 'opinion that this is due to the limited access, and it is requested that the deadend streets be retained permanently.. Ruth Larson, 714 High Avenue South, Renton, indicating that She was speaking for the children of the community, expressed opposition to further multi-family development, which could involve the need for additional school buses and access to the community, thus creating hazardous conditions for school children' waiting for school buses. Amelia Telbin, 508 Cedar• Avenue;..South,,.,Rent.on,...indicating .that she had lived in the community for 69 years, discussed 'the 'history and development of the community and noted that it had always been a predominantly single family residential area. She also noted that many residents are second and third generation families and asked that the integrity of the, neighborhood be preserved. Jim Breda, 1002 Grant Avenue South, Renton, discussed the unique character of Renton Hill , noting .that while it is an old community, it is comprised of primarily new and old single family residences and residents from a . wide range of age groups, who are homeowners. He suggested that other areas of the city would be appropriate for multi-family development. Mrs . Koelker, Chairman of, the Renton Hill Community Association, thanked the Commission for listening to their concerns and intro- duced their attorney, Robert McBeth, who would discuss possible solutions. Robert E . McBeth, 505E South Third Street, Renton. indicated that it is his opinion that the Commissioh can consider zoning because of the referral from the Council . Mr. McBeth reviewed .the problems caused by further multi-family development--the need 'for access from two points to meet ordinance requirements, impact on traffic, impact on children's safety, and the need to pres.erve the quality of the neighborhood. He stated that the community is asking that the Comprehensive Plan be changed from multi-family designations adjacent to Cedar Avenue to sing-le family. In addition, they request that there be no through streets on Renton Hill , that the R-3 zoned area be changed to single family residential , that the area of 'R-4 zoning be changed to a less dense designation, and that the heavy industry designation and li- 1 zoning on the north side of Renton Hill be changed to single family or greenbelt. He also requested that. the Commission expedite its review so that the character of the community will not be changed. Renton Planning Comm ion Public Hearing Meeting • September 14, 1977 Page Three The Chairman noted that the public hearing this evening was adver- tised as relating to the Comprehensive Plan; and, therefore, con- sideration is limited to that subject. The Planning Director indi- cated that the legal aspects of Planning Commission jurisdiction would be looked into. Gene Farrell , 11112 Rainier Avenue. and 280 Hardie S.W. , Renton, developer of the condominiums at the south end of Cedar Avenue South, stated that while he felt Renton Hill had the attributes o.f a fine neighborhood, i,t could use some outside economic help. He indicated that it was his opinion that forcing people to seek , this type of housing elsewhere would be a form of zoning discrimi- nation and reminded the Commission that condominiums are a form of single family ownership. He then described the housing being offered and displayed a sketch of the type of development being discussed. Mr. Farrell noted the history of his involvement on Renton Hill , which includes land ownership since 1969. He dis- cussed the impact of the development with regard to view obstruc- tion, the type of purchasers anticipated, the division between single family residential development and multi-family development at Cedar Avenue South, preservation of natural areas, and a possible PUD •concept. He noted that the property is properly zoned for the proposed construction and offered to work with the Planning Com- mission, City of Renton, and the community regarding its develop- ment. Questions by the Commission followed relative to access, location, size, ownership, characteristics , and current zoning of the property involved and its relationship to the city core area. The Chairman called for further questions and comments from the audience. Mario Gotti , 105 High Avenue South , Renton, stated that he is still concerned about the impact of multi-family development on access , traffic circulation, and the condition of the streets. Mary L . Gustine, 910 High Avenue South, Renton, noting that she sells real estate and is familiar with the condominium development, indicated her opposition and that of the neighborhood to further multi-family development on the Hill . Winfred K. Moore, 539 Cedar Avenue South, Renton, expressed his con- cern regarding access and undersized street widths in the area and the potential aggravation of the already congested traffic. He stated that he had chosen to live on Renton Hill because it is quiet and wished it to remain that way. L. W. Wollam, 310 Renton Avenue South, Renton, inquired if an impact statement had been required concerning the proposed development. The Planning Director advised that an impact statement may be required based on plans submitted. However, in this instance Mr. Ericksen said he is not aware of any plans having been submitted. Ted Weber, 1502 Beacon Way South, Renton, described hazardous traf- fic conditions on Renton Avenue South. Rosemary Grassi , 422 Cedar Avenue South, described her concerns regard- ing traffic conditions on Cedar and indicated that she would not want to buy a home across the street, from a condominium. Norm Nelson, 901 Jones Avenue South, Renton, stated that his concern relates to the possibility of any future multi-family development. Mr. Farrell responded that plans had not been presented to the City because he wanted to see the outcome of this review and what to expect in the way of opposition. He indicated that they desire to respect the wishes of the community. •: • • • 4 Renton Planning Commission Public Hearing Meeting September 14, 1977 Page Four • ', • Bill Collins, 420 Cedar Avenue South, Renton, suggested that when • any existing apartments on the west side of Cedar Avenue South reach the condition where they have to be replaced, a provision be made that the area is reverted to the single family zoning in the vicinity. Mr. McBeth discussed further the amenities with regard to the apart- ments already constructed, the matter. of the freeway and topography forming a natural buffer from the downtown core, the substandard streets and traffic problems, and the impact of multi-family development on the neighborhood. • • John Giuliani , 1400 South 7th, Renton, asked if the Planning Commis- • sion would actually visit the area and was advised by the Chairman • that they would. • Noting no further audience input, 'IT WAS MOVED BY GAIN. SECONDED BY • • GIST, THAT THE -PUBLIC HEARING BE CLOSED. Discussion among the Commissioners followed relative to the. appro • - priateness of closing the hearing at this time.. On the question, MOTION FAILED. • • Ruth Larson asked what protection the community has that the project cannot be continued, if the public hearing is closed and the matter ,referred to committee. • The :,Chairman 'requested advice from the Planning Director. Mr. Erick- sen `stated that .he would have to consult with the City Attorney regarding the zoning question, but that there is no question that the Commission can review the Comprehensive Plan, the arterial, plan, and street patterns in the area. He suggested that the public hearing, be continued to October 12th and the matter be referred to committee for specific report. Following a brief discussion, IT WAS ACTION:. MOVED BY GARRISON, SECONDED BY TEEGARDEN, THAT THE PUBLIC HEARING REGARDING THE COMPREHENSIVE PLAN REVIEW IN THE RENTON HILL AREA BE CONTINUED UNTIL OCTOBER 12, 1977, AND THAT THE MATTER BE REFERRED TO THE COMPREHENSIVE PLANNING COMMITTEE FOR STUDY AND REPORT BACK AT THAT TIME. Discussion followed concerning clarification of the Council ' s referral . It was the consensus that the elements of the Comprehen- sive Plan should be reviewed, and in the meantime, the legality of the review of the zoning would be checked. On the question, MOTION CARRIED. .Commissioner Teegarden, Chairman of the Comprehensive Planning Com- mittee, announced that the committee will meet at 7:30 p.m. on September 21-, 1977, and invited community representatives and Mr. • Farrell to attend. Mr. Teegarden also asked that the Planning Director look into the question of Planning Commission, review of the' zoning in the subject area and advise the committee, A recess was declared by the Chairman at 10:08 p.m. The meeting was resumed, at 10: 30 .p.m. with all members noted above ih attendance. 5. ADMINISTRATIVE: A. PLANNING COMMISSION ANNUAL REPORT The Chairman referred the Commissioners to a final draft of the Planning Commission annual report and invited any additions, Corrections , or revisions . r Oir -11", RENTO HIW • CoMM 'üN1TyA530c1ATIQN' . 1 15 hove or9ctniziN9 to save our nei9 h bor hood . Please brv9 your neighbors and come fo dour community meeting on THVR51) 8y , <SEPTErnGEK $ f Q77 at '7:00 P. cat the Renton- Public L'ibr'a. ry . We will be shgr; n9 ideas And preparing for the. Renton Plannstncl CommiSSiph ' S P ?1G HeariA5 on Septem ber Iyth at $:oo p . m . at 2ev,ton City Nell! . The question of q,llowinoj (Are apar-tment developments on Renton Ft II will be discusser( gnd we, will tiaQe qn opportunity to Uoic2 our opinions, Two petitions against apartment complexes have recei�eoi si9ngtures . More. owe neested and those, who have not s'i9ned w; ll be (Ate_ to do so September 8t1 . Plea, e Come Gino!, contri bite to the- e... -Fort to S o, a P_ RP in•+-n in i-I. I I 1 1 ' NOTICE OF PUBLIC HEARING RENTON PLANNING COMMISSION RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION AT ITS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON SEPTEMBER 14 , 19 77 , AT 8:00 P.M. TO CONSIDER THE FOLLOWING PE1ITIONS: A PETITION FROM THE RESIDENTS AND PROPERTY OWNERS OF RENTON HILL TO REVIEW THE COMPREHENSIVE PLAN AS IT PERTAINS TO THEIR AREA, PARTICULARLY THE MULTI-FAMILY RESIDENTIAL DESIGNATED LAND USE IN THE VICINITY OF CEDAR AVENUE SOUTH. THE RENTON HILL AREA IS THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE: RIGHT-OF-WAY ON THE SOUTH. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PLANNING COMMISSION MEETING ON SEPTEMBER 14, 1977 AT 8:00 D.M. TO EXPRESS THEIR OPINIONS. • SANDRA GIST . SECRETARY PUBLISHED September 4, 1977 RENTON PLANNING COMMISSION CERTIFICATION Vincent A. Tom , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED. BY LAW. ATTEST: Subscribed and sworn ,�) to before,. me, a Notary Public, SIGNED �aw� �'i on the �, day of 'a. ,,Crn,4 L , 19 i 1 . i Renton Planning Commission Public Hearing Meeting August 10, 1977 Page Nine On the question, a roll call vote was requested with the following results: BUCKINGHAM - NO GAIN - YES GARRISON - YES GIST - NO • NOLA -.NO NELSON - NO • TEEGARDEN - NO • MOTION FAILED. Following discussion.. IT WAS ACTION: MOVED BY GAIN, SECONDED BY NELSON, THAT THE AREA SOUTH OF CARR ROAD AND WEST OF THE GREENBELT AS DESIGNATED ON THE MAP BE RETURNED TO THE COMMIT- TEE FOR THEIR. CONSIDERATION AND THAT THE COMMITTEE RETURN ITS RECOMMENDA- TIONS TO THE COMPREHENSIVE PLANNING COMMITTEE ALONG'WITH THE ORDINANCE • DEVELOPMENT COMMITTEE FOR, A CHANGE IN THE P-1 DESIGNATION. ' Discussion ensued relating to the amount of area involved, the need for a new definition of the public use category before sending the recommenda- tion to Council . the Ordinance Development Committee's progress on the Zoning Ordinance revision, the obligation to Dr. Divelbiss and Messrs. Erwin and Scott. the need for reconsideration by the Commission of the entire plan instead of just the Comprehensive Planning Committee in view of earlier votes, the lack of a revised public use category defi- nition, and the extent of the current development in the area. Com- missioner Teegarden noted that the P-1 zone at present is defined. but it does not allow apartments, which is the message that is being received from public hearings. and that the area originally under study included the area south of Carr Road. On the question, .MOTION FAILED. On the original motion, THAT THE COMMISSION CONCUR IN THE REPORT AND REFER THE RECOMMENDED CHANGES TO THE COUNCIL FOR PUBLIC HEARING, MOTION CARRIED. 6 ADMINISTRATIVE: A. COUNC tL REFERRAL: PETITION TO REVIEW COMPREHENSIVE LAND USE PLAN. CEDAR AVENUE SOUTH The Chairman requested a briefing from the Planning Director. dr. Ericksen noted that the request is a referral from the City Council in response to a petition where the petitioners are concerned regard- ing the Comprehensive Plan and zoning, as it related to Cedar Avenue South (Renton Hill ). • The Chairman invited input from the Comprehensive Planning Committee. • Commissioner Teegarden, Chairman, advised that the committee recom- mends that a public hearing on the subject be held and suggests that it be scheduled for September 14, 1977. Following brief discussion. IT WAS ACTION: MOVED BY TEEGARDEN, SECONDED BY GIST, THAT THE PLANNING COMMISSION SET SEPTEMBER 14, 1977, AS THE PUBLIC HEARING DATE FOR THE MATTER OF THE COMPREHENSIVE PLAN, CEDAR AVENUE SOUTH. MOTION CARRIED. , 1. A ,•• .., ". 2 •4. sA •,r'';.•„•,,l,„ ,:, :. „•,..• .„ .:i , ., ••, NO '••'' ::' : %h., .,. ....,1, • , / ‘: . t •:,••••,;.-.,.. A50.2101t,' " 4\-'*"..?' . 71 4.e-ti.,v-:.:: . ..,V6t".:'",i,,,4 , :"%.• . ,:•`• -4 Dal : ''• : •,:".t.„,. Iii,11.;,, ,,!..i,%. ...:.:4.4• . 4- w ILE .); ;1111&1611 r•- , •. t ',.1.,r‘, ' 41. , ..., :. . •IrroPP •• r=1';i',N.Z4C•i0=1V',Tptc!.-a, --: . >r?.J?. 'k, ...:•': .-', , :' ''-'111' - '1'1 :'• .?.. ,.!.... .,.''' , 'ftfe,c.- , ,,4.. ,.' .' ;70;7•••‘•le... ,-,..,,v,i.„F ...,• .:..:-.: .'A..- .. A . 114.4..lf :3:!. ''' . ..• 'L',•:‘..:;,,..:... 7.t,. ,.. .,... ,,..., MI,04,,,,,,,,,..or' :.‘"'•4,. .:r14!.- . , ' / ‘*; *,.01 , , • ' **, ,'': :"' `?i14. : '::•f:' 'Tt•AC7'.. /1•;• c•VI• i,y• • .. * •-., , 4,.... ..sr......,.'1*.a. - . •'!.-"AIN. 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";i1. 01Sa '. ...:, .1 1%::7' . t."V:7:t .4;.'114C;ir." .4;' ,... t , • liSt ge -., • - • .; 'N '•-:;;,'.: ;i: 1;;;;:.A,:i.-: 1!.....-.e,4.,. • .•if.,.!,. .,,-.:.* . Or g .••-..,,.,.04(9 V AI . lihAllglIV A:''%....":,. -.• .. " ' F:4 • ,i;-me• - - , ,,--.v,T <, :,-P „.• lc 6CF.,,t,,,,,,:4,„,;, •,. 0 r ,,.„:,'',; ' ' . ;.•'`' A•1,' '14,11,K4V •:, IVet.Z4,:.si', „''' ',.;: . * •.k %. . •, ' ..:: :: _ -; , `!> .2:,'‘!" C'.' ':7';'''4,;?i,4- . .44;44 407:644;;IEL-• *.,_,,dipi fiep.1140.:10:zi J 1. ._, 37 • %40(4;p• ' Vi...:,:.,.,,, , .- , . i , ..:4 , i, •••,,,. ..7-...7,'7`.• •••7.:,:.:: .: .:.;:,', , • Alt -111 / .. s li,.„' r it Century 21 Homeco, Inc. Gay - 280 Hardie S. W. 772-5000 �Tr—r= -r i 9 7 7 4 Tr-I -yo„. We're Here itior , La.,. 2� OE®. Each office is heir :en(knlls ow ned and operated. J i 1 Meet the real estate professionals . in your neighborhood. , . We're Here For You... Qcp, .. . ... , ... I , , .1, . ..,.7, 90 NEW Homes Cedar Crest 0 . Condominiums 11/44 4 ' —7. i : a .: _ . _ ,.. . . . . . At. _ �• - r Deluxe 2 bedroom, 2 bath floor to ceiling wood burning fireplace. Thermo-pane windows. Complete security system, cable TV, built-in vacuum, low sip -r maintenance construction (life time), professionally II''sIR. landscaped, sweeping 180° view — Kent to Space • `<''0' Needle. Drive to 629 Cedar St., Renton. 3 blocks from ..,..-v. • ` Renton City Hall. MEMORANDUM TO ' Gordon Ericksen . DATE 6/27/77 FROM Willis Roberts SUBJECT Petition - TO REZONE CEDAR AVENUE SOUTH • Kathy Keolker, • 255-0936 , called to inquire regarding the ' Status of their petition . (She originated it . ) She was advised that the matter was currently under study by the Planning Commission ' s Comprehensive Planning' Committee and that the earliest time they could make their recom- mendation would be at their August 10th committee-of-the- whole meeting, and the Council recommendation would follow. She and several of her neighbors would like to participate in the Planning Commission ' s study - said they have some solutions andalternative ideas . They have a legal repre- sentative , Gary Faull , who is also willing to become per- sonally involved , as he lives in • the neighborhood . She would appreciate a call from either you or .Clark Teegarden . They are also concerned about new apartment construction . Is there any way to stop it while they are Waiting for. a Council decision? r 7�„ 'f. • , , °` we, the undersigned residents and property- owners of Renton Hill, hereby petition the City of Renton to rezone Cedar single family dwellings. '�i/• 4 ' Avenue South in its entirety for .. ' ,-; , „ , ..N 'O;., excepting those multi-family units currently in existencelJ' ' We petition for this change based on the following: !0;.1 y }ry,,7 . ) 1 . The traffic pattern, accessibility, street width-13 and parking, are not adequate to provide for the extra • .,, ; ddition of multi-family dwelling •�/1'c r• 1p,`� / congests on caused by the a •a ,F+ ,/. We have enough difficulty now without adding to the problem. 2 . Our property is considered "view property" and we do not wish to forfeit our views by allowing apartments to locate in our neighborhood. All of us take pride in our homes and many have gone to considerable expense (both in time and money) to improve and modernize our older homes. Our . neighborhood is a quiet place to live and we intend to RECE RFD keep it that way. 'SUN 187?. l Respectfully submitted, Aik'raq., OFF'.', r The residents of Renton Hill on Cedar Avenue South ./ 4 DATE NAME ADDRESS �'' % -,c•rvl4' C.) �,'.P.47.1z, t ra`, (...t ,-)'it-' ;\, 1. ,'>+_it-,--, ,,,,•� 1 ' ' t % > i es. /7 1. 4, 1r/ / „ , �, a r‘;'k ,.• •%71-7x_ , • i. e-• 4.•i < - el.. . ' •,/ •,''`L 14. 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', ' .s • •r- .. „ . \ . . • • . ----------2 —,..-.,,,--.--..,.......—..,--...........,,..r...,,,,................,...-...........................,............ —_ .-------•—. 00 • fPublic Hearing Renton Hill -° uprehensive Plan January 4 , 1978 TRANSCRIPT OF COUNCIL MINUTES OF NOVEMBER 21, 1977 COUNCIL MEETING Mayor Delaurenti: We will proceed to the Public Hearing which involves the Comprehensive Plan for the Renton Hill area. Mr . Ericksen, do you have a presentation you would like to make? (Response not audible) Mayor Delaurenti: Do you have any correspondence first that you want to read, Mrs . Mead. Delores Mead, City Clerk: Yes I do, Mr. Mayor . Clerk read Planning Commission recommendation dated October 14, 1977 (Exhibit "A" ) and letter from Kathy Keolker , President , Renton Hill Community Association dtd. November 21, 1977 (Exhibit "B") . The clerk then read into the record a petition bearing 164 signatures of residents on Renton Hill (Exhibit "C" ) and petition dated November 18, 1977 bearing 28 signatures (Exhibit "D" ) . Clerk read letter from shidler , McBroom, Gates & Baldwin, Law Offices, dated November 21, 1977 (Exhibit "E" ) . That concludes the correspondence, Mr . Mayor . Mayor Delaurenti: Mr . Ericksen, you may proceed now. G. Ericksen: Mr . Mayor , initially I would like to point out the fact that this is a hearing on the Comprehensive Plan. It is not a consideration on zoning. I think this is particularly important because already the error of zoning has been brought into the correspondence that has been presented this evening. I think that the recommendation of the Planning Commission is related to the Comprehalsive Plan, the land use element of the plan, the circulation element and community facilities element and these are the subjects which I will address this evening. I would like to point out fbr members of the audience the report available on the front table here , the small 8 z x 11 (1) P. H - "1-21-77 report, which is the report of the Planning Commission to the City Council, also to the Commission itself . , and these are available for anyone who would like to receive a copy. This is the Comprehensive Plan now, it ' s very small in scale and it is difficult to see, however, it does explain what the Compre- hensive Land Use Plan is , on the front, and further, what the designations are, on the back , and I refer to these simply because of the fact we ' ll be talking about these this evening and I think it would help clarify the types of uses that are allowed in each of these use designations . The Planning Commission, in its report to you and the Comprehensive Plan Committee' s report to the commission members dated, October 12th, initially goes i.nto the definition of the Comprehensive Plan, its purpose , the elements of the plan and basically what the Comprehensive Plan consists of as we define it . Incidentally, in the City of Renton, the Comprehensive Plan is comprised of four documents, as well as the Comprehensive Plan ,map which is the large map designated "Land Use Plan" , up on front. But, initially, the policy state- ment of the plan is up in the front of the document. You might note these documents were adopted in 1965. There is a Land Use element, a Community Facilities element and an ,rterial_`S'treet element and {`lan. These basic documents relate to the various items that I will discuss this evening and I particularly want to point out that land use is only one aspect of the Comprehensive Plan that will be discussed. The hearing on the first page of the Planning Committee report states the purposes of the plan, I think it is important to note, in particular the purpose to promote public interest to facilitate a democratic determination, to effect political and technical coordination and to inject long range considerations into appropriate actions. (2) P. H. 11 -177 The commission, I mean the plan, is to serve as a guide by its nature it is a general document, it represents the best reasonable concensus of opinion in terms of the process by which the commission conducts hearings and then makes recommendations to the City Council. I again emphasize the fact the Comprehensive Plan is not zoning. The report from the Planning Commission gives background information as to the process that may be conducted in terms of study and analysis then the findings that were made as a result of the study by the Planning Commission, and this is broken down into land use again, circulation and community facilities. I might note also the Planning Commission considered the natural systems and natural characteristics of the area in giving that area consideration. The commission also made recommendations on areas that were in the same category however, before I run through those wli t I would like to do is present some slides to bring you up to date on basically the various considerations that were made and how the commission arrived at the recommendations. Anyone else who would like a copy of these report now? The area we are talking about this evening is the Renton Hill area and I want to define It. It ' s the misty aerial photo - east of the freeway down to the power line right-of-way, down here and over approximately into this vicinity, and E. to the Cedar river and back. This is the study area as defined by the Planning Commission, and the Planning Commission has had a hearing on this area. I mention this as it is simply a slide of the large map up on the board which is the land use plan which we will go into a little more detail later. I mentioned the alternates of the plan which are the policy state- ment, the arterial street plan, the community facility plan and the land use plan. This is based on the original report that was prepared in 1965. At that time the 1985 plan was adopted (3) .H. 11-21-77 and the 1985 plan included various elements I just mentioned, and later on this 1985 plan was the Community Facilities Plan. It defines the Renton Hill area, next to this area we have a park area and we have a park site, a school site, a community level park facility, and a neighborhood park facility. This is the Arterial Streets plan. I want to particularly point out in this plan, the area we are considering, this is what is known as the Mill Avenue Extension running into Tiffany Park area and down into Cascade. This black line here is Grant Avenue. The Mill Avenue extension here is a community collector. Grant Avenue is an arterial street, it is also a neighborhood collector. This is a blowup of that plan; I 'm pointing out in particular its somewhat fuzzy but this is the hill area and I might note this area of the hill was designated in the brown color which is multi- family residential, the rest of the area was yellow, and the green is the park site, the blue is the school site and the red over here is the freeway. Again, this was the plan adopted in 1965, we found certain problems existed with the plan in terms of interpret- ing it and we found other ways to handle the matter regarding the problems and so the plan was revised. Basically this was the revision as it occurred to us to define the area, particularly the multi- family residential area and in fact it made for more specific boundaries we have somewhat today. Although this plan does attempt to separate the usage as noted here, the dark brown area stands for high density residential, light brown for medium density and the very light brown color stands for low density multiple. The area in white is single family residential, green is the park site, and blue is public facilities, and quasi public facilities. Councilman Stredicke: Excuse me Mr. Mayor, please did you say the (4) _ _H. 11-21-77 plan was revised before or after the public hearing? Mr. Erickson: It was revised after a series of public hearings by the Planning Commission during 1967 and 1968. This is the Land Use map of the area, somewhat difficult to read, this is Interpace here, the freeway over here, basically the area is predominately single family residential, there is some scattering of some multiple use along Mill Ave. also one or two duplexes also located on Cedar. This is the southerly portion of that particular map, this is the powerline right-of-way I referred to, the park site and again the development of the area. Adjacent to the park site is the school site, the tank site put up by the Renton School District. I wanted to show this particular slide, it ' s a map showing mineral resources, particularly the coal deposits. The coal deposits are in and out of Renton. The Renton Hill area coal deposits, right over here are defined by two different colors, the pink is for depleted deposits and the blue is potential reserve or resources that are available. Again, in the middle here, the pink area represents mined out areas, the blue represents potential coal deposits or in fact a reserve o.f coal which presently exists and incidentally according to the geologists and mine people, in the up and coming energy era that might eventually represent a potential souree of additional energy. I point this out particularly in relation to our land use development and to show the possible hazards that exist. Councilwoman Shinpoch: Mr. Erickson, that pink area - did you say abandoned mines? Mr. Erickson: It ' s a mined out area, yes. Councilwoman Shinpoch: All right then, are there shafts under there? Mr. Erickson: Yes, they are all through there. (5) --, 11-21-77 Councilwoman Thorpe: They' re still there? Ericksen: That' s right. Basically also the underlying geological condition consists of a shale-type of coal deposit, some sandstone some gravel and sand. Generally speaking this material is a loose type of material and the matter of fact is , they pose a potential hazard in regard to landslides, and it ' s one of these areas the Planning Commission took a good look at. I ' d like to run through is a series of slides. Generally as you all know this/one of the oldest areas in Renton. These are typically older homes, these are single family. Here we have some older apartments and further up a new apartment structure that has been constructed just off Mill. Mill, incidentally is also a one way off Lake Avenue. This level is one way North, and this area is one South. Here we have a new apartment building that has been constructed on Mill Avenue off Cedar, and it shows some of the transitional uses and changes that have occurred. At the same time we have a change from older residential to newer types, actually remodeling. We have some new structures on the hill and typically the majority of the hill is older single family residential use. This is a series of three shots from the top of the hill, another shot off Third, actually it' s up from Cedar. This is the corner of Third and Renton. Up by the Phillip Arnold park looking to the South, then to the South of the developed area we have some new residential construc- tion occuriin.g and the powerline right-of-way to the South and Thunder Hill in the background where new and existing residential multi-family development is occurring. Then to the Northwest we have additional area that is potentially available for development along Renton Avenue. The access to the hill Third and Mill. this is a shot along Third looking the Southeast, directly to the (6) P.] 11-21-77 east, and to the South of Mill itself , then looking back again under a a different acess , this is on Third and Mill to the North. Then a series of shots essentially of existing street conditions , and this is Cedar looking toward the South again, ,, Some grade & coating construction has been occurring creating problems for. the street and also apartments . Stredicke: Is that a one way street or is it a two way? Ericksen: Yes . This is a shot of Renton Avenue, looking to the South from Third, further up you will notice the same cars park- ing on the street. Looking North, looking at the triangle inter- section at Third and Renton. Then further up again we have a typical street situation. Some of the graphic characteristics are at the area of 7th, the pipeline right-of-way, owned by the Seattle Water Department . In view of this the Commission incident- ally was in the field on two or three different occasions looking at the hill areas as shown in the characteristic colors. The question here primarily is a question not of validity of the Land Use here, but of the circulation system as proposed. The circulation system incidentally is still the adopted plan of the city. This is at Mill, this is the closed Mill extension. This is Lake Young and this is Grant Avenue South. The original plan, obviously the stress is on the division of additional access to the hill area. Looking at the access question, it simply denotes location, We did do some detail study on it as to the hill area. Additionally here is the extension of what would be Mill, reversed and down to the area, come around a curve on a powerline right-of- way in this vicinity. This is a shot looking South on Mill, both showing characteristics of the area. This is up, this is the one way we have here at the present time. We have as I have mentioned (7) P.H. 11-21-77 earlier some multi-family residential use, basically single- family residential on the east side of the street. Further to the south, we have the Chalet apartments . This is the area that the proposed road is reversed. The Planning Commission is looking at a series of questions for the feasibility of it, particularly looking at the topographic characteristics and simple physical obstructions presently in the area, and therefore made its recommendation based on these. Further to the south, turn to the plan and the recommendation of the commission based on the existing arterial street plan, Land-Use. With this I would like to go into specific recommendations of the commission. In regard to the Land-Use the Planning Commission recommended, and again the basis of this recommendation is the result of the analysis study of the public hearings that went on as for the actual recommendations to the City Council. But, in regards to the Land Use on page 7 , the Committee recommends as follows: 1. Recognizing the existing physical limitations of the Hill area, the committee recommends that the hill area north of the Puget Sound Power and Light Company transmission right-of-way be designated as single family residential. 2. The steep hillside areas , powerline right-of-ways and natural drainage coursed be established as Greenbelt areas , in addition to those presently designated on the Comprehensive Land Use Plan. I might point out the power line right-of-way pointed out are outlined in grey on the large map and steep hillside area is between top of hill and Interpace designated as greenbelt. In regard to the circulation: Oh, I ' ll just read this : 1. The land Use designations as reflected in the existing Comprehensive Plan was based upon provision of additional access to the Renton hill area to the South and Southeast . (8) 1' ?1-77 The extension of Mill Avenue South is not physically feasible and therefore, it is recommended by the committee that such designation of the Arterial Street Plan be deleted. 2. Extensive input on the part of the residents in the hill area indicates the desire to continue the limited access to the hill (Third and Mill) as it is presently constituted. The purpose of such limitation is to enhance the amenities of the hill area as a residential community and preclude through access. It is, therefore further recommended that the proposed Grant Avenue connection to Puget Drive be deleted as an alternate means of access of the hill. 3. It is recognized that improved access will be necessary to serve the properties to the south and the southeast of the Renton Hill area at such time as they are developed. The intent of the committee' s recommendations is that such access be provided from the South. Stredicke: On slides you indicate study area includes that area below location of Gladding McBean and Riviera. Ericksen: Industrial area, will remain as shown manufacturing park or light industry. Stredicke: What bout 10 years from now? What about access? Ericksen: In terms of existing facility? If it were phased out, and frankly, it was the conclusion of the committee that other potential uses exist for that location. Basically it enters at Mill and Houser Way and access into same area. Kathy Keolker, 532 Cedar Avenue South, (President Renton Hill Community Association) What about rezone, there was second petition supporting the opposition to multi-family on Renton Hill with over 250 signatures to date, the community group. We ask your help in solving, we are opposing apartment develop- ment on Renton Hill, we have united. We value the good qualities (9) 3. H. 11-21-77 of life in Renton and want growth for Renton Hill to be single family residential. The members of the Renton Hill Community Association have chosen me to represent them. Have spent weeks with the Planning Commission and support their recommendations. There would be severe detrimental impact with multi-family. Street width does not allow it. We have low crime rate. (Rereads Exhibit B) Claude Rogers, 420 Renton Avenue South, I have been homeowner on Renton Hill for 17 years and have one of the older homes built in 1911. I want to talk about traffic on the hill and the steep- ness of hill. With new condominiums built at south end of hill, how are they going to get in and out of parking lot when snow comes. The City of Renton Street Department has helped us every year being there early and sanding morning and night; can' t with cars on hill. In days gone by, pipe line was open to South. Traffic on hill was very heavy. When pipe line was open 1, 279 cars traveled west, think its a conspiracy against us. When there is one train, we go three blocks to get one block, but we put up with it. How would we handle this additional traffic? Streets were wide enough. In 24 hour period, streets only used 50%, . better no parking on one side. Ruth Larson, 714 High Avenue South, lowest crime rate in Renton is on Renton Hill due to geography and lack of access; we care for and about each other. Any law breaker must pass Police Department on his escape route. This exit would permit easy escape, increased crime rate would require more police. School children and picked up and bussed to Bryn Mawr; children wait for bus at bottom of hill, middle and high school students walk. In 1972 pipeline road opened. I brought a nine-year old child up the hill after encounter. I do not mean to imply all people that would come into our area (10) P. H L1-21-77 are bad, but we do want to protect our children and homes and preserve our neighborhood. Ethel Telban, 508 Cedar Avenue South, coal discovered on Renton Hill in 1803 and they began Renton Cooperative company, later became Renton Cooperative. The first school was built at 4th and Main, where Labontes' is and it later moved to Houser Way and Wells and became Duncalf Meat Market. The first church was built on Renton Hill in 1886 it was the Presbyterian, at Mill and Beacon. Plat #l, one acre drawn up in 1892, plat #2 drawn up 17-18-98, the first three blocks on the hill, with one acre tracts. Mrs Jones who drew up plat was engineer of first locomotive to be brought into Renton, first railfoad in Washington. The first residents came to settle and built homes on the tracts purchased from the Cooperative Coal Company. Renton Hill was all single family home with exception of the first apartment on Mill Avenue. On Cedar Street the Walker house was remodeled into apartments. There were some illegal basement apartments in homes on Cedar South in single family areas, this was an economic thing. Second the Third generation people have come back to live and some never left. Unique is the percent of very few absentee landlords on the hill. It is stable community and this is how we would like to keep it. Jim Breda, 1002 Grant Avenue South, I am member of the Renton Fire Department. Last Tuesday night about a dozen of us collected funds on Renton Hill for our efforts. Feel gratified that people support this. Spoke to Planning Commission. Feel strongly. most important to preserve the neighborhood - construction of multi- unit dwellings detrimental effect upon the community. It is an established, stable neighborhood which though close to the freeway, but secluded and family oriented, being of all ages and income. (11) E . 11-21-77 When I addressed the Planning Commission, I spoke to rumors which came7from' a variety of people,, such as our community is regressive, deteriorating. It is interesting why the Council chambers are full of people in community care. Renton Hill is important part of historical heritage of our community. Preservation of Renton Hill is in fact preservation of historical heritage of Renton. Cedar Avenue - when car going north and one south, you have conjestion. Lots of automobiles parked thatishouldn't be there. Garages on the east side are too narrow. Large number of multi-family would ruin character of our hill. When large money corporation is gone, we will still be there. Bill Montangne, Vice-President of Transamerica Development Co. , We are large powerful corporation; think Renton Hill is a beautiful area and compliment the way they keep their homes and everyone should be proud. Want to explain our position. We have owned ten (10) acres for over ten (10) years. When bought, bought from Puget Western and zoned R-3 and charged multiple-family area prices. That was a long time ago and don' t think the situation has changed. We do have pending offer forprice is less than what we paid. We are just trying to come out whole. We bought the property over ten (10) years ago and never heard anything about changing Comprehensive Plan until we had offer for property. We have freeway on one side, it is steep and north side existing multiple along with powerline planned multiple or cluster use. We would have difficult time putting single family on that. We would have to take a real look, might recommend,.a;Council members go into review debth on traffic. We did have traffic engineer look at the area there as you can see, he claims Cedar is operating at 50% of capacity and with ninety (90) unit condominium it would be within defined limits. Look at traffic engineer study. I am (12) P. H. 1; 1-77 here representing Transamerica Development Corp. We feel we have been citizen and part of community and really believe we are trying to be reasonable. Hope Council will look at our side before you make decision about rezoning. Stredicke; Second Bruce, Move we recess for five minutes. Perry: Want to speak against motion. We have a lot of people here and have study by Planning Commission, Planning Commission had traffic study. Five minutes will not give us time. We are going to have to accept Planning Commission report or review matter. Stredicke: I am not a product of fast reading. Want to see if it differs from staff. Perry: Wait until we have heard all the speakers and review matter. Stredicke: I withdraw the motion. Gene Farrell: Developer and purchaser of the Transamerica property, 11112 Rainier Ave. S. , Traffic study that was done was based upon City of Renton traffic report and Engineers went into field to reverify. Some sort of control possibly park on one side only allowing two lanes. I have approximately two questions: 13 acres of land and if I was to concur in single family with four units per acre it would mean approximately 52 single family dwellings. The maximum condominiums would be 90. In opinion of Public Works Director Gonnason and Planning Director Ericksen, how much greater effect from 52 single family vs. 85 cluster units. Would thirty (30) additional dwellings have that much effect? Baring will have that much access. We have estimated cost of developing. Our average cost of development is $4, 750.00 per lot or $9, 000.00 per lot 15-20' / for a developed lot. Perry: Point of order. This is Comprehensive Plan we are considering, (13) P 11-21-77 not zoning or building. We can not excuse developer for getting off the subject , the intent of the Comprehensive Plan is to show reasons for high density and the best 'development for the area. Farrell: I think change is what we are discussing. The measure that change is either/or remains R-3 or 2 goes to R-1 single fami'.ly. I am trying to point out the feasibility development - wise is similar that problems being address have closeness. If single family and platted, there is only 30 dwelling units difference between existing and proposed where the cost estimates are down, this is question of feasibility. Approval of approximate development cost is $9, 000 per 'lot - this proposed plat $20, 000; 52 families to invest. Perry: We are getting off the Comprehensive Plan when speaking about prices or homes . Farrell: My feeling is there are some problems that need direction to be practical solutions . Think possible review of parking and control overall plan for approval; based on these we feel zoning does not allow 400 to 500 units on this property. We are not interested in that - not that large. Statistics show 20 people, less traffic. 100% of problem caused by 20% of the people. They speak in terms of third generation and this is great. People want to move to area and for the same reasons people want to live there also. Certain amount of discrimination - you are talking about economic discrimination. Patricia Parks , 118 N. 40th, Seeat, Attorney for Transamerica Development Company. Want to talk about perspective in Comprehensive Plan. It was recommended 4-2 by the Planning Commission. People on Mill Avenue were in area of change . Lots of discussion of Renton Hill and community. What the Comprehensive Plan points out is Mill and Cedar are zoned R-3 because of the freeway. (14) P.H. -21-77 Some of area abuts freeway with very steep terrain and is ideally suited for condominium development. This is prime R-3 area, this area is different ; the ideal use is multiple family. Illegal apartments were mentioned in R-l. There is multi-family on Mill and Cedar West, so it sould be made legal. Lots of people wouldn' t live on my client ' s property; these areas are different from other parts of Renton Hill and probably lower than freeway in some cases . Would say Renton Hill should be preserved as it is . Multi-family on my clients wouldn' t change . Cedar Avenue West should be rezoned to make what is going on there illegal. Stredicke: You said single family homes are being used for apartments and city sould make it illegal. Pat: Some part west of Cedar Avenue, some of Cedar Avenue is zoned R-l. There are some illegal multi-family. Rather than trying to change property, accept what .'.is happening; make west side of Cedar Avenue South multi-family. Stredicke: Accept change that has occurred? Pat Parks : See page 12 of our response (Exhibit E) believe that is the worst house. Banks aren't eager to lend money. Stredicke: Is your appraisal public record? Pat : Can' t say we have willing buyer. Bill Montagne: Thought we should have outside source. Questionable if we would be so high, wouldn't be marketable along freeway. Mrs . Alice Hansen: 336 Mill Ave . S . property owner , down zoning our property on Mill from R-3 to R-1 would decrease property value and not result in benefit to our property. Would not just leave the hill , but we have paid taxes on the basis of R-3 and believe that proposed down zoning on Mill Avenue is unjust and (15) P.F 11-21-77 unfair to property owner. Mario Gotti: 1005 High S. , was listening to Mr. Farrell talking about 90 unit apartment and other building. We are talking about traffic; when we are talking about 200 to 400 more people going up that hill. Where are the people going to put their cars if it is one way. What is this coming to . Bill Montagne: Property we own we are selling to Mr . Farrell those are the same 90 units on the south side of power line, along Cedar at end of street, that was Farrell' s 90 units . Paul Von Beck, 18184 SE 141st Place, Issaquah, recently purchases property on Mill Ave. S . , a small 3 unit apartment and do not represent a large corporation. I represent a small land owner. I purchased this property on basis of R-3 and for an investment. Does Renton Hill Community Club consider Mill Ave. S . as part of their community? If so , why is Mill Ave. being asked to bear the brunt . It is our property being changed, not the rest of the, property. Who will compensate the large land owner or small property owner if this change goes through? Stredicke: Asks Transamerica, page 1 of report , engineer says his traffic count agrees with that of city engineer because it is not based on city information but on professional information. Pat : This traffic study was prepared by Joseph J. Millegan & assoc. who counted cars. City reports in back of folder and figures tally. Stredicke: Why is comparison in study of Cedar and S . 5th rather than Cedar and S. 3rd why you went up the hill rather than counting at intersection?' Stredicke: Mr. Farrell is not responsible\ eport. (16) I. 11-21-77 Farrell: It is my engineer. Pat: Can get you more information. Can get letter from them. Farrell: This is where the city did their report and we did ours at the same location. Robert McBeth, 1632 Lincoln Crt. SE, Rolling Hills , Attorney located at 505 B. S 3rd representing Renton Hill Community Association. Not trying to drag on hearing, with recommendations of the Planning Commission and their study in debth. Their recommendations are appropriate - spent five months to be acceptable. I compliment the Planning Commission, analysis made and recommen,-- dations with both sides given an opportunity. We are not anti- growth; multiples are appropriate in certain places , but not on Renton Hill. I am usually representing the developer . Wouldn' t have taken this case unless I felt strongly that the residents case is unique and have tried to present reasons why it is different . Most input is about traffic and circulation question. If this property developed to maximum, it could be 300. That should not be allowed. Should be single family and multiple, these things would be drastically affected. We didn' t include Mill Avenue. We have no feelings as if affects Mill Avenue. Traffic on Mill Avenue will not be affected. Streets are not wide enough. Our concerns are traffic , crime, the neighborhood and equality of that neighborhood. Our feeling is that this is not one of the areas that would be suitable for multiple family. Anita Theilander, 512 Mill Avenue S . , Where are our kids going to live in the future? We just bought additional lot R-3 , at a higher price and want something for our future. MOVED BY STREDICKE, SECOND PERRY, COUNCIL CLOSE THE HEARING. Shinpoch: I will speak against . Who owns this property, Farrell or Transamerica? Was it Recently sold? (17) I . 11-21-77 Now I understand that is not the case. Stredicke: It is an area with multiple ownership. We have a list of 20 names protesting on Mill , all individual home owners . Bill Montagne: Transamerica owns the property in fee and has a contract to sell to Mr . Farrell. Mayor : Question on the motion, to close the hearing: MOTION CARRIED. (Time: 9:58 p.m. ) Stredicke: Don' t need five minutes now. Cannot find any substantial change to what Planning Commission has recommended. Do feel that area near interstate should be excluded from change as that is not going to affect traffic assuming city is going to do more. Renton is only place you go north to go south. Do find one fault with Gladding McBean property. Do not feel that property should remain light industrial in 20 year plan. STREDICKE, SECOND THORPE, COUNCIL CONCUR IN PLANNING COMMISSION REPORT, ELIMINATING EXTENSION OF MILL AVE. S. AND GRANT AVE. S. CHANGING DESIGNATION OF ALL OF RENTON HILL FROM MULTI-FAMILY TO SINGLE FAMILY WITH EXCEPTION OF MILL AVE. S. TO S. SEVENTH ST. , AND THE AREA WHICH IS OCCUPIED BY GLADDING McBEAN BE DESIGNATED AS RECREATIONAL. MOTION CARRIED. MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL RECESS. CARRIED. (Time: 10:00 p.m. ) (Time: 10: 15 p.m. ) Mayor : Meeting come to order and clerk call the roll. Clerk: Perry, Clymer, Bruce, Shinpoch, Stredicke, Thorpe: All present. MOVED BY STREDICKE, SECOND CLYMJR, THE MATTER OF RENTON HILL ZONING BE REFERRED TO THE LAND USE HEARING EXAMINER. CARRIED. Clymer: We have a lot or ordinances from last week. (18) n.H. 11-21-77 Perry: We have an ordinance on a moratorium set on building which is to be completed soon and would like to introduce. MOVED BY PERRY, SECOND CLYMER, THAT THE MATTER OF ORDINANCE AND MORATORIUM BE REFERRED TO THE WAYS AND MEANS COMMITTEE TO EVALUATE AND REPORT BACK TO COUNCIL. Stredicke: First item on consent agenda deals with Rolling Hills and they are asking about property south of that and I am wondering whether the Planning Commission have reviewed and maybe we should put off ';90 days or until Planning Commission completes study. MOVED BY STREDICKE, SECOND CLYMER, WITH PERMISSION OF SECOND WANT TO AMEND MOTION TO INCLUDE LETTER FROM ROLLING HILLS HOME OWNERS AND THAT MORATORIUM BE INCLUDED IN MOTION. AMENDMENT CARRIED. MOTION AS AMENDED CARRIED. (19) `� ♦ .D Da ♦ .. .. rw f ' CITY OF RENTON, WASHINGTON RESOLUTION NO. '2209 WHEREAS the Planning Commission of the City of Renton, Washington, has recently recommended changes to•the Comprehensive Plan within certain,areas, of the' City, and . WHEREAS such review and recommendations include an area • in th City ,generally known as ".Renton Hill" as hereinafter more • • particularly described, and • WHEREAS it has been determined by the City Council and • the Planning Commission that serious problems may result •in said • area if unlimited construction were permitted for any multiple dwelling, commercial or industrial purposes, due to insufficient and inadequate street access, circuitous traffic pattern, means of ingress and egress, and such existing problems may seriously affect the public health, safety and well being of the community, and in particular the residents within the hereinbelow described area, and WHEREAS the City Council of the City of Renton has passed an Ordinance changing the Comprehensive Land Use Plan for said - Renton Hill, and WHEREAS the City Council has referred the subject of zoning on Renton Hill to the Planning and Development Committee and to the Land Use Hearing Examiner, and WHEREAS it is deemed to be in the best interest of the City to continue a moratorium on certain construction pending completion of the present studies and reviews, including public hearings thereon, and WHEREAS the subject of rezoning of certain property on Renton Hill has been heard by the Hearing Examiner, and a portion of the property has been rezoned by action of the City Council, being Rezone No. 178-78, dated August 28, 1978; and WHEREAS it will take additional time for the.Hearing Exnmi.ner's decision to be rendered and for the appeals time to run, • i? NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLCWS: . SECTION I: The above statements and recitals are hereby found to be true and correct in all respects SECTION II: In furtherance of public health, safety and general welfare, there is hereby declared a continuation of a • moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities • of every type and nature, for a .period of sixty (6p) days from' date hereof, relating to all properties affected by a change in' the Comprehensive Plan and subject thereby to a potential rezone • contained within the confines of that area generally known as Renton Hill, in particular described as: All that portion of the SW 1/4 of Section 17, Twp. • 23 N. , Range 5 E.W.M. lying east of FAI 405 and south of Chicago-St. Paul Milwaukee and Pacific Railroad. Together with all that portion of the NW 1/4 of Sec. 20, Twp. 23 N. , Range 5 E.W.M. lying east of FAI 405 and north of Puget Sound Power and Light Company transmission line easement excluding those properties along Mill Avenue South extending in an easterly direction 1/2 block more or less to the alley located between Mill Avenue South and Cedar Avenue South, north of South 7th Street; as noted on the attached • Exhibit A, and also excluding that portion referred to in Rezone Application No. 178-78 referred to above. The aforespecified moratorium shall not apply to existing apartments, single family or duplex dwellings or the renovation, repair or maintenance of same. PASSED BY THE CITY COUNCIL this 28th day of August, 1978. Delores A. Mead, 'CityLlei,k APPROVED BY THE MAYOR ihe;e, a ,gust 7B_. Approved as to form: harles , Delaurenti, Mayor • Lawrence J. Warren, City Attorney ti i/ P.. k� t� Z OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON 5 POST OFFICE BOX 626 100 2r+tl AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 o NIL 1; , .A (O' q" LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 0 � ,Q�TED SEP1°46 JULY 5 , 1978 MEMORANDUM RECEIVED TO: Rick Beeler, Hearing Examiner �+' JUL 6 1978 FROM:, Lawrence J.Warren, City Attorney �� ....._.,.. .,...�......._.�.� �,q (;;-"`� COUNCIL Re:. Renton Hill Rezone . ', � RENTC Dear Rick: • I have been asked to correspond with you concerning your stated inability to render an opinion on the Renton Hill Rezone within • the time given to you by City Ordinance. It is my ' opinion that if it is. in fact impossible for you to render that opinion within the required time, and, if there .is no showing that the delay was unreasonable or prejudicial to any party, then you may have the additional time . • I might. note that this opinion is consistent with State case law. The Supreme Court of this State recently set down such a ruling in the case of In Re Donohoe , 90 .Wn (2d) , 173 (June ' 1978) . In that case the State said: • "The delay was not unreasonable in view of • the necessity of obtaining and reviewing . 3 days of testimony, plus the exhibits . That . fact, coupled with no claim or showing of prejudice, justifies denial of a dismissal . " In that, particular case a hearing board of the State Bar . Association was to be able to render an opinion within 20 days as required by Court rules . I find that situation analogous to yours and find that the delay is appropriate. Lawrence J. WArren • • LJW:nd cc : Mayor Council Members De l Mead 7 444.7te", ALei f(rAt..%. ir 532 Cedar Avenue South Renton, ,Washington 98055 January 16 , 1978 2 ` RECEIVED Honorable Charles J. Delaurenti, Mayor Members of. the Renton City Council q JAN 17 197n Members of the Renton Planning Commission Renton City Hall CITY OF REN;ON 200 Mill Avenue South MAYOR'S OFFICE Renton, Washington 98055 Dear Mayor, Council Members, and Commissioners, This letter. is to notify you of the recent action taken by the Renton Hill Community Association. By unanimous vote, the Renton Hill Community Association Board of Directors has authorized and encouraged our attorney, Bob McBeth, to petition the court for permission to intervene in the pending lawsuit the Transamerica Corporation has filed against the City of Renton. The association and Mr. McBeth will take whatever steps are ...- appropriate and. necessary to assist the City of Renton,j4 1f )7 and defend the actions the city has taken to encoura �I9 *01 responsible growth for Renton Hill as a single fami ' ,; -' . neighborhood. It is our position that, by changing the city' comprehensive land use plan to single family use t, c1,, designation on Cedar Avenue , the city has responded 4"1, to the demonstrated needs of the people in a small 4`r ,,;%1 and. unique family neighborhood - the needs and concer '1 `f.,b / that have been presented in numerous public hearings and committee sessions with both the Planning Commission and the City Council. We thank you for your actions to• save our neighborhood and offer continuing support to assist you in whatever manner we can. Sincerely, 4' Kathy Ke.olker, President. Renton Hill Community Association 1}/ C' r 7`v Renton City Council 11/28/77 Page 4 OLD BUSINESS Planning and ''Upon presentation of Planning and Development Committee Report • Development ;by ,Chairman Perry concurring in the recommendation of the Hearing • Committee Report ( Examiner on the final plat of Farrell's 1st Addition. MacLand, Inc., . which had appeared on the Consent Agenda (Page 2), Council Members agreed on the procedure: When an item from the•Hearing Examiner appears on the Consent Agenda, the Planning and Development Commit- tee will not.make a report. RP. XX Councilman Stredicke requested information relative to railroad ' i,rossings, Mayor Delaurenti asked Public Works Director Gonnason ! to check. with the State Utilities Commission. . Park Budget !Councilwoman Thorpe made inquiries of budgeted funds for Earlington land Glencoe Parks and work accomplished and called attention to need to complete requirements of Phase I prior to commencing pay- . Iriient for the Glencoe Park property, per ordinance conditions. ' Acting City Attorney Warren noted need to meet any conditions of !.the .ordinance prior to transfer. . Councilwoman Thorpe felt that • • ! large expenditures for consultant fees was unnecessary. Hearing Examiner• ' MOVED BY PERRY, SECOND CLYMER, IN ORDER TO CLARIFY COUNCIL'S MOTION Referral OF. 1.1/21/77 REFERRING RENTON HILL ZONING TO THE HEARING EXAMINER, COUNCIL REFER THE MATTER TO THE PLANNING AND DEVELOPMENT COMMITTEE 10 REPORT TO COUNCIL. CARRIED. • ORDINANCES AND RESOLUTIONS • Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee_Report report recommending second and final reading of an ordinance Ordinance r3179 rezoning property located between S. 5th St. and S. 4th St. on MMaalesiis Rezone , ,vest side of Wells S. accross from the Renton School Administra- . R-1 to R-3 , t.ion Bldg., from•R-1 single family to R-3. Following readings, South Renton area it was MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL ADOPT THE ORDI- (First Reading NANCE AS READ. ROLL CALL: 4-AYES: CLYMER, SHINPOCH, STREDICKE, i1/21/77) AND THORPE. Councilman Perry left the Chambers during the presen- tation of this material and took no part. MOTION CARRIED. Ordinance, ,318O Ways and Means Committee report recommended the following ordinances . Membership of he placed on second and final readings, first reading 11/21/77: board of Ethics •An ordinance relating to the membership of the !bard of Ethics. following readings, MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3181 An ordinance authorizing acquisition of property, including condem- Property Vl nation proceedings, for Senior Citizens Center and a Park for .the Handicapped Park Y, handicapped. MOVED BY CLYMER, SECOND THORPE, COUNCIL ADOPT THE .. Senior Citizen, ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3182 An ordinance was read ordering construction and installation of L.I.D. #307 street and appurtenances thereto Raymond Ave. S.W. running south- Raymond Ave. SW erly froth S.W. 16th St. MOVED BY CLYMER, SECOND PERRY, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: 4=AYES.; PERRY, CLYMER, • SHINPOCH, STREDICKE; T-NO: THORPE. MOTION CARRIED. Ordinance #3183 An ordinance was, presented specifling and adopting a system! or plan Waterworks Utility for making additions and betterments to the waterworks utility of the City including the sewerage system. Following readings, it was MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Recess Moved by Stredicke, Second Shinpoch, Council recess for 10 minutes. . Roll Call : 2-Ayes: Shinpoch, Stredicke; 3-No's Perry, Clymer and . Thorpe. Motion Failed. Garbage Rate An ordinance was presented revising the garbage collection rates Ordinance for residential, business and commercial accounts. Rates increased due to increase dump fees. by King County as reported by the Public Works Director and that change from volume to weight effective " 1/1/78. Following readings, it. was MOVED BY CLYMER, SECOND SHINPOCH, • • Renton City Council 11/28/77 Page 5 Ordinances and Resolutions - Continued Garbage Rate COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: 3-AYES: CLYMER, Ordinance STREDICKE, THORPE; 2-NO'S: PERRY AND SHINPOCH. According to , Continued statute, majority vote of Council membership is required to pass an ordanc' into law. MOTION FAILED. Ordinance returned to the Ways and Means_Committee for one week. Renton Hill The Ways and Means Committee recommended first reading and referral Comprehensive'Plan back to committee of the following ordinances: Ordinance An ordinance was presented amending the City's Comprehensive Land • • Use Plan, Maps and data relating to Renton Hill vicinity. Follow- ing reading, it was MOVED BY PERRY, SECOND THORPE, COUNCIL REFER • ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Limited G.O. Bonds An ordinance was presented providing for the issuance and sale of Senior Center $900,000 par value "Limited General 'Obligation Bonds, 1978" • providing a part of funds for cost of land acquisition and con- • struction of a Senior Citizens Center and appurtenances. Follow-, • ing reading, it was MOVED BY CLYMER, SECOND STREDICKE, COUNCIL REFER THE ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. Substitute • motion by Thorpe, to advance the ordinance to second and final readings, failed for lack of a second. Councilwoman Seymour- Thorpe then .stated for the record, Council has been advised • that interest rates will not be declining, but increasing, that early adoption would mean lower interest; also that public has ex- pressed opinions at committee and council meetings, that• the only objections received were from people outside the City limits and urged Council action. MOTION CARRIED returning ordinance to the Ways and Means Committee. Resolution #2149 .The Ways and Means Committee recommended reading and adoption of • Final Plat a resolution which approved MacPherson's Inc. , Ruddell's 2nd • . Ruddell's 2nd Addn. Addition final plat FP-087-77; property located at the Northeast corner of Monroe Ave.. N.E. and N.E. 10th St. Following reading, it was MOVED BY CLYMER, SECOND PERRY, COUNCIL ADOPT THE RESOLUTION • AS READ. CARRIED. AUDIENCE COMMENT Frank Cenkovich, 2625 Benson Rd.S. , inquired regard ing bonds for the Senior Citizen Center, being.advised by Councilman Clymer that general obligation bonds are voted by citizens for property • Senior Center Bonds tax, however, that councilmanic or limited general obligation bonds which were before the Council tonight and will be presented next week. are paid from the City's general revenue and are presented to the Council for approval. Rolling Hills Jim McClelland, 1922 Jones Ct. S.E. , representing Rolling Hills Moratorium Homeowners Assoc. inquired re committee discussion of moratorium, being advised by Committee Chairman Perry of the schedule. (Attached) 1978 Budget Charles Shane, 3003 Mt. View N., made inquiries of the 1978 budget and' asked that B & 0 tax be adopted.. Executive Session. MOVED BY STREDICKE, SECOND PERRY, COUNCIL RECESS TO EXECUTIVE SES- SION IN THE 6TH FLOOR CONFERENCE ROOM. CARRIED. The Council • Members left the Chambers at 10:10 p.m. and returned at 11:00 p.m. ROLL CALL: All Members present as previously shown. Motion by Stredicke, Second Shinpoch; to adjourn the meeting, failed. MOVED BY THORPE, SECOND SHINPOCH, COUNCIL SUSPEND RULES AND NOT OBSERVE 11:00 p.m. CLOSING RULE. CARRIED. Council Position Councilman Perry expressed disappointment that newly elected Coun- Filled ci.lman Thomas Trimm was unable to attend meeting for swearing in; . Thomas Trimm inquiring concerning any, date requirement for certification. Moved by Stredicke, Second Thorpe, continue meeting to next week. SUB- STITUTE MOTION BY THORPE, SECOND PERRY, COUNCIL APPOINT THOMAS TRIMM TO FILL VACANT COUNCIL_ POSITION, FORMERLY HELD BY WILLIAM GRAN. CARRIED. • ADJOURNMENT MOVED BY STREDICKE, SECOND SHINPOCH, MEETING ADJOURN. CARRIED. 11:13 p.m. Delores A. Mead, City Clerk ( ^ tiJ - RENTON CITY COUNCIL Regular Meeting November 21 , 1977 Municipal Building Monday, 8:00 P.M. Council Chambers MINUTES CALL TO ORDER Mayor C. J. Delaurenti led the Pledge of Allegiance and called the regular meeting to order. • ROLL CALL OF GEORGE J. PERRY, Council President; EARL CLYMER, KENNETH D. BRUCE, COUNCIL BARBARA.Y. SHINPOCH, RICHARD M. STREDICKE, PATRICIA M. SEYMOUR-THORPE. STAFF IN CHARLES J. DELAURENTI, Mayor; LAWRENCE WARREN, Acting City Attorney; ATTENDANCE TED BENNETT, Deputy Finance Director; DEL MEAD, City Clerk; GORDON ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RICHARD GEISSLER, Fire Chief; CAPT. BOURASA, Police Representative; DONALD CUSTER, Administrative Assistant. PRESS GREG ANDERSON and CATHY BURKE, Renton Record Chronicle. • MINUTE APPROVAL Councilwoman Thorpe requested addition Page.3, Paragraph 8, Final Estimate Asphalt Resurfacing, Line 11; add "and that project meets City standards." Councilman Stredicke requested Page 4, last para- graph,. first line - Remove word "committee" and add "Staff." MOVED. BY PERRY, SECOND CLYMER, COUNCIL APPROVE MINUTES WITH CORRECTIONS • STATED. CARRIED. AUDIENCE COMMENT Council Candidate Elect C. Shane,3003 Mountain View Ave. N., objected to Council action as reported in 11/20 newspaper article that alleged Uniformed layoff of.police and fire personnel in regards to contract negotiations. Personnel E. Kunstle, 1015 Jones Ave. S.E, commented on same newspaper article objecting to police contract item re bonus pay for passing of physical. Heather Downs Sandy Webb, 264 Chelan Ave. S.E. , recalled Heather Downs sewer LID Sewer LID #297 #297 matter under discussion 11/14/77, asked reconfirmation of original plan approved by Council 3/7/77. Marlene Vickers, 13439 S.E. 141st, Reconfirmed Co-Chairman of S.O.S. reported extensive study made and findings that Council Approval canyon area. in question unsuitable for sewer trunk placement. MOVED BY. STREDICKE, SECOND THORPE, SUBJECT OF HEATHER DOWNS AREA SEWERS BE BROUGHT TO THE COUNCIL FLOOR. CARRIED. Councilman Stredicke reported —--- distribution of packet of information on subject. MOVED BY STREDICKE, SECOND THORPE, COUNCIL RECONFIRM EARLIER ACTION OF MARCH 7, 1977 ON HEATHER DOWN SEWER LID #297. CARRIED. Senior Center Frank Cenkovich, 2625 Benson Rd. S. , inquired when Council would dis- cuss the Senior Citizens Center, being advised of planned discussion at 7:30 p.m. budget hearing 11/23/77. PUBLIC HEARING This being the date set and proper notices having been posted and pub- Renton Hill lished according to law, Mayor Delaurenti opened the public hearing to Comprehensive consider the Planning Commission recommendation of the Comprehensive Plan Plan of the Renton Hill Planning Area (that area generally bound by FAI-405 on the West, Cedar River on the North, the hillside and undevel- oped area on the East and the powerline right-of-way on the South. Letter from Planning Director Ericksen submitted Planning Commission recommendations per Council request of 6/6/77. The letter explained the process of hearings and work meetings with detailed analysis of land use, circulation and community facilities; explaining the Commis- sion had adopted the Comprehensive Planning Committee recommendation at conclusion of public hearing 10/12/77. Letter from Kathy Keolker, 532 Cedar Ave. S. , President, Renton Hill Community Association, sub- mitted statement listing concerns of Renton Hill residents and favored the Planning Commission recommendation re the Comprehensive Plan. Petition bearing 227 signatures of Renton Hill residents and property owners expressed opposition to the building of any additional multiple dwellings at the upper end of Cedar Ave. S. or any adjacent area that would require access through our community: (Petition originally filed with Planning Commission 8/26/77) Petition bearing 28 signatures pro- tested rezoning Mill Ave. S. from R-3 multi-family residential to R-1 single-family, having been so zoned since 1964. Document prepared by Renton City Council 11/21/77 Page 2 Public Hearing - Continued Comprehensive Transamerica Development with letter from Patricia Parks, Attorney, Plan for objected to change in comprehensive plan designating the-Renton Hills Renton Hill area as single family residential area (R-1), noting Transamerica Continued owns 10.05 acres at the south end of Cedar Ave. S. designated as R-3. • The letter explained proposed sale of 6.67 acres for 90 unit.four- plex condominium and explained degree of steepness of property and . that property abuttsFAl-405, making the property suitable for multi- family residential use. The letter alleged loss of value of property in change from R-3 to R-1; an attached traffic study claimed 50% use of optimum design for Cedar Ave: S., suggesting means for increasing efficiency of traffic circulation, such as one way street and removing one 61 ft. sidewalk. Planning Director Ericksen used charts, maps and slides to present review of area,the nature of Comprehensive Plan, ' and'Planning Commission recommendation, also distributing maps. and written recommendation for audience use. Mr. Ericksen explained the • land' use element findings, circulation and community facilities, and recommendations of the Planning Commission, for single family residen • - • '•tial for area north of Puget Sound transmission right-of-way; add • greenbelt area-steep hillside• areas, powerline and natural drainage • courses; delete Mill Ave. S. extention and Grant Ave. connection With continued limited access; area north of railroad designated multi- family be res.ignated as future recreation. • Continued -- Persons present speaking in favor of Planning Commission recommendation: Historic Kathy Keolker; Claude'R^qers, 420 Renton Ave. S.; Ruth Larson, 714 Unique High Ave. S.; Ethel Telban, 508 .y.g$?"+.,i S`.; Jim Breda, 1002 Grant Neighborhood Ave. S.; Mario Gotti, 1005 Hi.. Me. S. • 3 ons opposing recommendation: Desires Bill Montangne,Vice-Presiden I. ar arae,Cifgr 0- -lopment Co.; Gene Single-Family Farrell, 11112 Rainier Ave 14t r an* urchaser of Trans- Residential america property; Patricia '` I�+ $f1thZeattle, Persons Area present speaking against ch.-1,1, • ..A.e of g 1 Ave.-S. from multi- . family to single-family res.i• 1tia174 R.9a ansen, 336 Mill Ave. S.; Anita Thelander, 512 Mill�d�re. '0f'4•4�paul`"'. Beck, 18184 S.E. 41st Place, Issaquah,Robert McBeth, Wash.AttorneyAforr Rento ` the 2 b Immunity Association, 505E South 3rd. MOVED BY STREDICKE, SECOND PERRY, COUNCIL CLOSE THE PUBLIC • HEARING. CARRIED. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN PLANNING COMMISSION RECOMMENDATION ELIMINATING EXTENSION OF MILL AVE. S. AND GRANT AVE. S. , CHANGING DESIGNATION OF ALL OF RENTON HILL FROM MULTI-FAMILY TO SINGLE-FAMILYMITH EXCEPTION OF MILL AVENUE SOUTH TO SOUTH. SEVENTH STREET AND THAT THE AREA jIHICH IS OCCUPIED BY GLADDING . MEAN (Interpace) BE DESIGNATED AS RECREATIONAL. CARRIED. See later. Recess MOVED BY BRUCE, SECOND STREDICKE,- COUNCIL RECESS. CARRIED. Council recessed at 10:01 p.m. and reconvened at 10:14 p.m. Roll Call: All Council Members present. • Renton Hill MOVED BY STREDICKE, SECOND CLYMER, COUNCIL REFER THE MATTER OF RENTON Zoning HILL ZONING TO THE' LAND USE HEARING EXAMINER. CARRIED. MOVED BY PERRY, SECOND CLYMER, COUNCIL REFER MATTER OF ORDINANCE AND MORITORIUM • Renton Hill (ON BUILDING OF MULTI-FAMILY RESIDENTIAL ON THE RENTON HILL AREA) Moratorium THE WAYS AND MEANS COMMITTEE TO EVALUATE AND REPORT BACK TO COUNCIL. • Councilman Stredicke noted 'Consent Agenda item - letter from Rolling ' Rolling Hills Hills Homeowners Association requested moratorium on multi-family Moratorium building for 90 days or until Planning Commission completes study of area east of Renton Hill bounded by power line transmission on North, Benson Road on West, Puget Drive on South and Edmonds S.E. on the East. (See later Consent Agenda) MOVED BY STREDICKE, SECOND CLYMER, AMEND MOTION TO INCLUDE LETTER FROM ROLLING HILLS HOMEOWNERS AND MORATORIUM IN THE REFERRAL. THE AMENDING MOTION CARRIED. MOTION AS AMENDED, CARRIED. (See Page 6 and Page 7.) ORDINANCES . MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL SUSPEND RULES AND. ADVANCE AND RESOLUTIONS ORDINANCES AND RESOLUTIONS TO BE READ AT THIS TIME. MOVED BY PERRY, SECOND STREDICKE, Council go• into Executive Session to consider property value required prior to adoption of resolution. MOVED BY STREDICKE, SECOND SHINPOCH, MATTER OF EXECUTIVE SESSION BE TABLED UNTIL NEW BUSINESS ON THE AGENDA. CARRIED. MOTION TO SUSPEND RULES, CARRIED. RENTON HILL COMMUNITY ASSOCIATION Concerns for our neighborhood 1 . :, firaffic .Volume - The numbers of vehicles using Renton Hill streets cause severe congestion at times. An increase in traffic volume would be impossible to handle. The following traffic counts are from city records. 1972 - The pipeline road was open during the Boeing slump. Count taken on S. 3rd east of Mill for 24 hours. Results' Eastbound - 1279, Westbound - .1466. 1973 - The pipeline road was closed. Same location for 24 hours. Results' Eastbound - 716, Westbound - 831 . When the pipeline road was open, traffic volume dramatically increased and residents requested closure of the road due to the many other problems caused by the increase in traffic. 2. Parking - On street parking is mandatory for most residents. Those who have garages have realized that they were not built for modern day cars. 3. Street Width - The streets are not adequate for safe passage of two cars going opposite directions unless one pulls over to the side to allow the other to pass. According to city ordinances, residential streets must be at least 50 feet wide and neighborhood collector streets at least 60 feet wide. Cedar Avenue (where the proposed development would be) has a 40 foot right of way but the actual street width is only 26t feet. Cedar Avenue was improved with an L.I .D. last year and we are now paying for a new, substandard street because there is simply not enough room to widen the street. 4. Access - Although we have only one access, past experience has shown that another access creates more problems for us than it solves. It -makes our community a thoroughfare for residents in other areas and causes extreme congestion. We prefer to live with just one access. Page 2 Renton Hill concerns 5. Safety - Pedestrian safety is adequate if there is a single access point. Fire safety is assured by a mutual aid agreement with Fire District #40 who will come through the gate at the top of the Hill if the city is unable to respond. 6. Alleys - Alleys are inadequate to develop for major use due to width, grade and no right of way through many back yards. 7. Crime Rate - At the present time we enjoy the lowest crime rate in the city of Renton. There . is rarely a serious disturbance on the Hill. From .the records of the Renton Police Department, the following are .the last statistics. ... kept on crime rate by neighborhood. 1976 Number of calls January 9 February 10 March 14 April 12 May 6 June 11 July 18 TOTAL - 7 months 80 calls Most of these complaints were nuisance calls i.e. kids throwing rocks, cars parked over 24 hours,• etc . In comparison with other areas for the month of July, the Highlands had 36 calls and the downtown area 'had 94 calls. Renton Hill had 14 less calls in 7 months than the adjacent downtown area had in one month.' Since the Hill is directly adjacent to the downtown business district, it is unusual to have such a low crime rate. 8. Children' s Safety - Since there is no • other access, our children enjoy the safety of knowing most of the people who come on the Hill. Unfamiliar cars are easily spotted and there are few strangers. 9. School Bussing - There is no elementary school within walking distance of Renton Hill so the children catch the bus from the park at the top of the Hill. The Renton School District will not allow its buses to run on the Hill because it is Page 3 Renton Hill concerns too dangerous because of the steep grade. It is unsafe for children to wait for the bus at the bottom of the Hill due to the railroad track and the traffic. A surge in population would compound the bussing problem. 10. Property Value - The Hill has become a desirable place to live due to the character of the neighborhood, our single family status and our view property. There are few vacant houses which adds to the safety and appearance of the neighborhood. 11 . Quality of the Neighborhood - We feel nothing will be gained by changing the quality of the neighborhood by the addition of multi-family housing. We have a very unique neighborhood. It is old, well established and has historical value.. In fact, a.picture of one home is shown in the book Renton - From Coal 'To Jetg. There are many second and third generation families on the Hill today which is unusual in our highly mobile society. There is pride of ownership which shows up in the vast remodeling activity on the Hill. People choose to keep an older home and restore or remodel it because they like living on Renton Hill and they are unable to duplicate the atmosphere in another neighborhood. We are one of the oldest residential communities in the city and we are proud that our homes have stood, the test of time. There is value in repairing old homes rather than tearing them down to build new ones. Unlike many older neighborhoods, ours is being. revitalized and is not deteriorating. 12. Quiet - We have a quiet and peaceful neighborhood which is no small accomplishment considering our proximity to the downtown area, Interstate 405 and the railroad tracks. 13. Community Facilities - Philip Arnold Park is adequate to provide for our needs and is used by many residents in the city. But the addition of apartment complexes would seriously over-crowd the park. • Page 4 Renton Hill concerns 14. Public Works - We have concern that our sewer and drainage systems could not withstand the strain of providing for the needs of a large increase in population. The: points we have listed are only guidelines to help you understand how we feel about Renton Hill and the many concerns we have weighed to formulate our position. ; We hope this, will be of help to you in making your decision about the future of Renton Hill. % COMPREHENSIVE PLANNING COMMITTEE REPORT OCTOBER 12 , 1977 TO: , Planning Commission Members FROM: Clark Teegarden , Chairman Comprehensive Planning Committee RE : CITY COUNCIL REFERRAL - RENTON HILL AREA REVIEW OF COMPREHENSIVE LAND USE PLAN AND ZONING INTRODUCTION ; By action of the Planning Commission at its public. hearing meeting. on the above subject matter, the Comprehensive Planning Committee was requested to study the area in question and report back to the . Commission on October 12 , 1977. The attached public hearing notice (public hearing , September 14 , 1977 ) describes the area to be con- sidered and is generally defined as the Renton Hill Comprehensive Planning Area . ( Refer to Public Hearing Notice. ) For the purposes of the Committee ' s deliberations , the Comprehensive Plan is defined as the offical statement of the , City of Renton establishing major policies concerning desirable future development. COMPREHENSIVE PLAN - DEFINITION AND PURPOSE : The Comprehensive Plan consists of the Goals , Objectives , and Poli- cies ; Land Use Element ; Circulation Element; Community Facilities Element ; and Definitions . Proposed developments should be reviewed against the Comprehensive Plan to , insure that growth is consistent with the Plan. The purposes of the Comprehensive Plan are : • To improve the physical and social environment of the city as a setting for. human activities - to make it more functional , beautiful , decent , healthful , interesting, and efficient; . d P`ryJBLIC NOTICE PUBLIC HEARING CITY- OF R E N T O N • PLANNING COMMISSION A PUBLIC HEARING WILL BE HELD BY THE RENTO• N. PLANNING COMMISSION IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON SEPTEMBER 14, 1977, AT 8:00 P.M._ TO CONSIDER THE ITEM DESCRIBED BELOW: . . • • PURPOSE: TO.. REVI.EW. THECOMPREHENSIVE PLAN IN THE RENTON HILL AREA, PARTICULARLY THE MULTI-FAMILY RESIDENTIAL DESIGNATED LAND USE IN THE VICINITY OF CEDAR AVENUE SOUTH. THE RENTON HILL AREA IS THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR . RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE ' • EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH. . `'I'lriT.''-. j i ...:.-114 14 4 Ti.;." ..,,,o,„..._ . ----N.._, \ , tik,1,7,, :7,..: . . . il; I ! i . . , u, . .. tic: tt , t4;ta ?I" '..1 r J \ i 11 1 li IT 0 1 p •'" , ;.i . ‘2.:' ',,,:'---. i ''. - \ t' FrAnof,;;411 1:14 . .111 i t... ....?i,_.: .., . . ?Jb . 4,1-.t io - :, i * t,. ._... ,N r - .til▪-r3f .1; . f b + 'iti 'I' I ir'l ' ittIII i •_ • M ; . Ni .. ' :._ (1jfit''' v+. L� I �tl; •� 1 . ` ' --- -- - -- 7 7.04' i) ,j( f • .• r.•.1;, ..1 F.:•.1 r.•. N, . f i• • , , —.:..i.:t.. ..-71:.,—.:1! •. . • i " r;" " � ;/./i/ ' 1tIL s - fw . / ''' ''' ''. V''' .- '1:" "___:,..:_41 . . •-- :,,:\-,-.--. ----;,... . . [ .-- r - --------- . , . . THE PUBLIC IS INVITED TO ATTEND AND TO EXPRESS OPINIONS OR SUBMIT COMMENTS IN WRITING. IF ADDITIONAL INFORMATION IS DESIRED, CONTACT: . CITY OF RENTON — PLANNING, DEPARTMENT, 235-2550 MUNICIPAL BUILDING, 200 MILL AVE. S. RENTON, WA. 98055 Comprehensive Planning Committee Report October 12 , 1977 Page Two i To promote the public interest , the interest of the city at large as well as the interests of individuals , or special groups ; • To facilitate the democratic determination and implementa- tion of city policies on development ; To effect political and technical coordination in development; I To inject long-range considerations into the determination of short-range actions ; and To bring professional and technical knowledge to bear on the making of political decisions on the development of the city. The Comprehensive Plan is intended to serve as a guide to help resolve some of the development problems confronting municipal officials and the people they represent. The Plan takes into account existing con- ditions and future needs , and attempts to express the best reasonable consensus that can be achieved at a given time as to the character and direction of future growth. The Plan is of necessity general in its proposals . It must be flexible , since it is impossible to predict all future events which may affect the community . The Plan is not a zoning ordinance, although it makes significant recommendations for future land use. . The Plan is not pre- cise. It does not represent engineering accuracy, nor does it claim to predict exactly the future use of every parcel of property, or insure that growth is consistent with the Comprehensive Plan. Comprehensive Planning Committee Report October 12 , 1977 Page Three In order for the Plan to maintain effectiveness , it should be reviewed periodically. Conditions might change and unforeseen events may occur which might necessitate a re-evaluation . • BACKGROUND: As background to the study of the area in question , the Committee con- ducted a field trip of the 'area involved and studied in detail the existing land use , the characteristics of the existing development , and the physical features of the land , including topography and drainage . During the course of the work sessions by the committee , representatives • from property owners in the Hill area were present and provided input in .the matters discussed. The matter of access was considered in some detail in terms of the existing street rights-of-way, traffic circulation , existing street conditions , the parking and access problems to individual properties , as well as the matter of general traffic circulation . The study area for comprehensive planning purposes overlapped into adjacent areas ; and , . therefore , the study . of the committee encompasses areas beyond the immediate boundaries of the Renton Hill area , particu- larly as it relates to traffic circulation , potential development, need for community facilities , and general area-wide impact of future development. The consideration of' the committee was basically restricted to con- , sideration of the Comprehensive Plan elements : land use , circulation, and community facilities . - . In regard to said elements , the natural characteristics of the area were also considered. Comprehensive Planning Committee Report October 12 , 1977 Page Four LAND USE ELEMENT: FINDINGS : 1 . The Renton Hill area is primarily a single family residential neighborhood with some limited apartment and duplex use inter- mixed . The extent of multi -family residential development is limited at this time and is primarily concentrated along Mill Avenue South and located westerly of Cedar. 2. Physical characteristics of the area indicate that, while an older area of the community , the area is basically sound in terms of both building and general physical potential for upgrading . This potential is presently being recognized by many property owners in the area , and the area is considered a desirable single family residential neighborhood. 3. While the area has been in a state of transition , with increased land values , the physical amenities of the Hill area , such as view, makes the area highly desirable for residential development. 4 . The existing Comprehensive Land Use Plan designation for Renton Hill is primarily single family residential- with low and medium density multi -family residential designations between Mill Avenue South and Cedar Avenue South and extending southerly to and includ- ing a larger tract of medium density multi -family residential located at the southwesterly edge of the Hill area . The hillside areas to the north ar'e presently designated as greenbelt, with the existing industrial development adjacent to the railroad right-of-way and a low density multi -family designation to the • Comprehensive Planning Committee Report October 12 , 1977 Page Five • north adjacent to the Cedar River. • • 5 . The area includes several large tracts ,of undeveloped areas , which . represent both potential single family and multi -family residential. development. ' Development in accordance with the • present plan Would result in increased land use densities . . 6 . The. Committee also reviewed the geological conditions of the • Hill area , including consideration regarding mines previously located in the area . It was initially recognized that the Hill has large underlying coal beds , some of these beds having been mined-out . Said coal beds represent not only a future energy • . resource potential but also a hazard to any surface development in terms of possible mine subsidance. ' The extent of such • development hazard is unknown and will vary ' with location . It • is recognised , however , such hazards must be considered in . • terms of existing and future development . CIRCULAT.IO.N : ' 1 . The Committee initially recognizes. that the present circulation to Renton Hill is restricted to one access point (at Third and Mill ) , which essentially creates a large cul -de-sac-type situation . • 2 . The present 40 foot Street rights-of-way restrict- access and limit parking , particularly in that area north' of South -7th Street . The existing topography precludes any . substantial improvement of existing rights-of-way t.o allow improved access and parking . Comprehensive Planning Committee Report October 12 , 1977 Page Six 3 . The parking for the residential uses is primarily on-street rather than off-street; and it is recognized that topography limitations preclude, in many cases , development of acceptable off-street parking spaces . 4. Increased traffic has occurred as the result of the extensive use of Phillip Arnold Park located at the top of the Hill . This impact is particularly noticeable on Renton Avenue . On-street parking has also impacted the adjacent residential neighborhood . 5 . The existing Arterial Street Plan indicates the extension of Mill Avenue extending in a southeast direction , connecting to a secondary arterial serving the Tiffany Park area . ,The present Plan also projects the extension of Grant Avenue South from South 11th to Puget Drive. 6 . The extension of Mill Avenue South with the connection as proposed does not appear to be physically feasible due to the existing devel - opment that has occurred and the steep topography. 7 . New development of any type would , in the opinion of the committee , further impact the existing circulation system unless alternative means of access were provided to serve the area . The Committee further recognizes , however , that providing additional access could further compound the existing problem and make the situation more critical . COMMUNITY FACILITIES : 1 . The existing park has been utilized as a facility serving beyond the immediate neighborhood . The basic result has been an increase • Comprehensive Planning Committee Report • October 12 , 1977 Page Seven , in traffic circulation problems beyond those created by the immediate residents of the Hill area . 2 . The existing park facility, however, is fully developed and is used intensively by the community at large. The Renton School District presently has a 10 acre elementary school site located easterly of said park . A school development at this site is not contem- plated at this time or in the near future, due to the limited elementary population that might potentially attend said school . NATURAL SYSTEMS : 1 . The Hill area ; due to its nature , has large undeveloped hillside areas with steep slopes , providing a natural greenbelt drainage system. 2 . Disturbance through new development. represents a potential hazard in terms of slides and increased runoff problems . RECOMMENDATIONS : Based on its analysis , the Committee recommends as follows : LAND USE : 1 . 'Recognizing the existing physical limitations of the Hill area , the Committee recommends that the Hill area north of the Puget Sound Power and Light Company transmission right-of-way be designated as single family residential . • 2 . The steep hillside areas , powerline rights-of-way , and natural drainage courses be established as greenbelt areas , in addition • to those presently designated on the Comprehensive Land. Use Plan . • . ^4 Comprehensive Planning Committee Report October 12, 1?77 Page Eight CIRCULATION : 1 . The land use designations as reflected in the existing Compre- hensive Plan was based upon provision of 'additional access to the Renton Hill area to the south and southeast. The extension of Mill Avenue South is not physically feasible ; and , therefore , it is recommended by ' the Committee that such designation on the Arterial Street Plan be deleted. 2 . Extensive input on the part of the residents in the Hill area indicates the desire to continue the limited access to the Hill (Third and Mill ) as it is presently constituted. The purpose of such limitation is to enhance the amenities of the Hill area as a residential community and preclude through access . It is , therefore , further recommended that the proposed Grant Avenue connection to Puget Drive be deleted as an alternate means of access to the Hill . 3. It is recognized that improved access will be necessary to serve the properties to the south and southeast •of the Renton Hill .area at such time as they are developed . The intent of the Committee ' s recommendations is that such access be provided from the south . COMMUNITY FACILITIES : 1 . Retain the present community facilities designations for the Renton Hill area , including th-e park and school site , recognizing that the • use of the school site for an elementary school may or may not be feasible in the near future. Comprehensive Planning Committee Report October. 12 , 1977 Page Nine 2. The Committee further, recommends that the City pursue the possibil - ity of expansion of Phillip Arnold Park to the southeast , since it appears that the potential area would allow reasonable expansion of said facility. . 3 . The area designated low density multi -family residential adjacent to the Cedar River north of the railroad be redesignated future recreation . i RENTON URBAN AREA Irk I'v • COMPREHENSIVE PLAN ' 1 NM liblik i REVISED AUGUST 1970 — PLO I, C LEGEND 41 pl I 1 Q SINGLE FAMILY � LIGHT INDUSTRY OR 4•P /' OH' I - [�Q LOW DENSITY MULT.FAR. - HEAVY " - / 1, yd MED. II I� " 0*1 MANUFACTURING PARK �:: �- IM HIGH II " " LJ RECREATION \ MO COMMERCIAL ®GREENBELT ��= ` I E PUBLIC A ODABI-PUBLIC �r1IIll c..;;` .,,- \ RIB 'I.' ' 1l= 1 ''1144\••ti WASH NGTON , IT • ...L. e v \ Verrr —.. • il 1I1► �lili ik-,-SE a �tr j,v. ==��aLT rq-KOAg.112 '44- 1 i lig ' .. miwirk IINB II e ;I im .\ II ‘r",* `\ lIji,1 . � _ tH t 'IN,/ 1 Araik.e•Th .:*::::::::::::X.X.:•:•:•:•:::::::1 EV.,1 1112414k. ,,..,,..,,,,,„ . -4,,V.---,......----.-IA II a zt.,::::::23K::::::, ,T= ,ti-zielpklipt 4' \L tiM:3i:K: �■■�a,Il�i�::;:.. -111� •�1;•:::::: � : '•5 I .ter � ` a , 1 Ii; :. ; give _ :'. 1.. ,. 1ppIPPr,; LAKE 1/ II ! Eli \ . • COMPREHENSIVE LAND USE PLAN The Land Use Element'of the Comprehensive Plan is an official public document adopted by the City Council as a policy guide to decisions'regarding the physical development of the community. It indicates in a general way what the people of the community consider as desirable future land use development. The areas • denoted on the map above are generalized. The definitions listed on the back will aid in interpreting the map. This is not a Zoning map and therefore, does • not represent existing zoning within the city. Zoning of individual parcels Of land is outlined on the Zoning map and specific uses•permitted are defined in the Zoning Code. For further information call the Planning Department at 235-2550, Municipal Building, Renton, WA 98055. SINGLE FAMILY RESIDENTIAL An area intended to be occupied t_: a single family dwelling unit or related compatible uses. LOW DENSITY MULTI-FAMILY RESIDENTIAL An area intended for two-family dwellings and limited special uses. MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL An area intended for Medium Density/Medium Rise residential uses such as apartments and townhouses. HIGH DENSITY MULTI-FAMILY An area intended for residential uses allowing the maximum number of dwelling units, the maximum number of stories, and the maximum proportion of land area coverage permitted in the city. COMMERCIAL An area intended as a retail area with some non-industrial wholesale and service activities, office buildings, and uses devoted to the traveling public, such as hotels and motels. MANUFACTURING PARK An area designated as having light and certain compatible heavy industrial uses with selected commercial uses in a manufacturing park type development which includes,•but is not limited to, adequate setbacks, landscaping, functional design, compatibility with adjacent uses, open space, wildlife habitat, and perhaps joint use of facilities. LIGHT INDUSTRY OR MANUFACTURING PARK An area designated as having industrial activities and uses involving the processing, handling and creating of products, also research and technological processes•which are devoid of nuisance factors, hazard', or excessive demands upon public facilities and services. HEAVY INDUSTRY An area designated as having industrial activities and uses involving manufacturing, assembling and processing, bulk handling of products, large amounts of storage, ware- housing, heavy trucking and all ether uses, excluding single family and duplex residen- tial dwellings. PUBLIC AND QUASI-PUBLIC Those areas in which publicly and certain privately owned uses are located, which include utilities, health care, churches, clubs, or philanthropic institutions primarily designed to promote the public welfare or serve the public on a non-profit basis. RECREATION Those areas designated primarily for leisure time pursuits by members of the public, for active and passive recreation which includes such land uses as parks and play- grounds. . GREEN BELT (LIMITED DEVELOPMENT AREA) An area with severe topographic, ground water, slide potential or other physical conditions which impair development, and is intended to be developed in extremely low density single family, recreation, open space, or other compatible low density use. . • oY RFy J4: :�o -= o THE CITY OF RENTON 1 MUNICIPAL BUILDING 200 MILL AVE. SO RENTON. WASH. 98055 p CHARLES J. DELAURENTI i MAYOR • PLANNING DEPARTMENT po 235-2550 '?.du FO SEP1C;° October 14 , 1977 The Honorable 'C . J . Delaurenti , Mayor Members .of the City Council Renton , Washington RE : PLANNING COMMISSION .RECOMMENDATION - COMPREHENSIVE PLAN, RENTON HILL PLANNING AREA (THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST , CEDAR RIVER ON . THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST , AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH ) Dear Mayor and Council Members : The Planning Commission submits for your consideration recom- mendations regarding the above described area . This action is pursuant to the City Council referral and request -of June 6 , 1977 . The Planning Commission has conducted a series of public hearings and work meetings regarding the Renton Hill area , including a detailed analysis of land use , circulation , and community facilities . The analysis and recommendation of the Comprehensive Planning Committee is submitted in the attached report dated October 12 , 1977 . At the conclusion of the: Planning Commission public hearing of October 12th , the Planning Commission concurred in the , recommendations' of the Comprehensive Planning Committee and forwarded the committee report to you for your consideration . It is recommended that the City Council .set November 21st as a public hearing date on the said recommendations . Your con- currence is respectfully requested . ' Very. .try y you s , ardon Y . is en (,p4rector GYE : wr Attachments 477 COMPREHENSIVE PLANNING COMMITTEE REPORT OCTOBER 12 , 1977 TO : Planning Commission Members FROM: Clark Teegarden , Chairman Comprehensive Planning Committee RE : CITY COUNCIL REFERRAL - RENTON HILL AREA REVIEW OF COMPREHENSIVE LAND USE PLAN AND ZONING INTRODUCTION : . . By action.• of the Planning Commission at its public hearing meeting on the above subject matter , the Comprehensive Planning Committee was requested to study the area in question and report back to the Commission on October 12 , 1977. The attached public hearing notice ( public hearing , September 14 , 1977 ) describes the area to be con- sidered and is generally defined as the Renton Hill Comprehensive Planning Area . ( Refer to Public Hearing Notice . ) For the purposes of the Committee ' s deliberations , the Comprehensive Plan is defined as the offical statement of the City of Renton establishing major policies concerning desirable future development . COMPREHENSIVE PLAN - DEFINITION AND PURPOSE : The Comprehensive Plan consists of the Goals , Objectives , and Poli - cies ; Land Use Element ; Circulation Element; Community Facilities Element ; and Definitions . Proposed developments should be reviewed against the Comprehensive Plan to insure that growth is consistent with the Plan . The purposes of the Comprehensive Plan are : To improve the physical and social , environment of the city as a setting for human activities - to make it more functional , beautiful , decent , healthful , interesting , and efficient ; • Comprehensive Planning Committee Report October 12 , , 1977 Page Two • To promote the public interest , the interest of the city at large. as well as the interests of individuals , or special groups ; 1 To facilitate the democratic determination and implementa- tion of city policies on development ; • To effect political and technical coordination in development; • • To inject long-range considerations into the determination of short-range actions ; and 1 To bring professional and technical knowledge to bear on the making of political decisions on the development of the city . The Comprehensive Plan is intended to serve as a guide to help resolve some of the development problems confronting municipal officials and the people they represent . The Plan takes into account existing con- • . ditions and future needs , and attempts to express the best reasonable consensus that can be achieved at a given time as to the character and direction of future growth . The Plan is of necessity general in its proposals . It must be flexible , since it is impossible to predict all future events which may affect the community . The Plan is not a zoning ordinance , although it makes significant recommendations for future land use . The Plan is not pre- cise . It does not represent engineering accuracy , nor does it claim to predict exactly the future use of every parcel of property ; or insure that growth is consistent with the Comprehensive Plan . Comprehensive Planning Committee Report October 12 , 1977 Page Three In order for the Plan to maintain effectiveness , it should be reviewed .periodically. Conditions might change and unforeseen events may occur which might necessitate a re-evaluation. BACKGROUND: . As background to the study of the area in question , the Committee con- ducted a field trip of the area involved and studied in detail the existing land use , the characteristics of the existing development , and the physical features of the land, including topography and drainage . During the course of the work sessions by the committee , representatives . from property owners in the 'Hill area were present and provided input in the matters discussed . The matter of access was considered in some detail in terms of the existing street rights-of-way , traffic circulaticr. , existing street conditions , the parking and access problems to individua ' properties , as well as the matter of general traffic circulation . The study area for comprehensive planning purposes overlapped into adjacent areas ; and , therefore , the study of the committee encompasses areas beyond the immediate boundaries .of the Renton Hill area , particu- larly as it relates to traffic circulation , potential development , - need for community facilities , and general area-wide impact of future development . The consideration of the committee was basically restricted to , con- sideration of the Comprehensive Plan elements : land use , circulation , and community facilities . In regard to said elements , the natural characteristics of the area were also considered . Comprehensive Planning Committee Report October 12 , 1977 Page Four LAND USE ELEMENT: FINDINGS : • 1 . The Renton Hill area is primarily a single family residential • neighborhood with some limited apartment and duplex use inter- • mixed . The extent •of multi -family residential development is limited at this time and is primarily concentrated along Mill Avenue South and located westerly of Cedar. 2 . Physical characteristics of the area indicate that, while an older ,area of the community, the area is basically sound in terms of both building. and general physical potential for upgrading . This potential is presently being recognized by many property owners in the area , and the area is considered a desirable single family 'residential neighborhood . • 3 . While the area has been in a state of transition , with increased land values , th.e physical amenities of the Hill area , such as vier, , makes the area highly desirable for residential development . 4 . The existing Comprehensive Land Use Plan designation for Renton Hill is primarily single family residential with low and medium density multi - family residential designations between Mill Avenue South and Cedar Avenue South and extending southerly to and includ- ing a larger tract of medium density multi - family residential located at the southwesterly edge of the Hill area . The hillside areas to the north are presently designated as greenbelt , with. the existing industrial development adjacent to the railroad right-of-way and a low density multi - family designation to the • 0.1 p Comprehensive Planning Committee Report October 12 , 1977 Page Five north adjacent to the Cedar River . 5 . The area includes several large tracts of undeveloped areas , which represent both potential single family and multi -family • residential development. • Development in accordance with the present plan would result in increased land use densities . 6 . The Committee also reviewed the geological conditions of the Hill area , including consideration regarding mines previously located in the area . It was initially recognized that the Hill has large underlying coal beds , some of these beds having been mined-out . Said coal beds represent not only a future energy resource potential but also a hazard to any surface development in terms of possible mine subsidance . The extent of such development hazard is unknown and will vary with location . It recognized , however, such hazards must be considered in terms of existing and future development. • CIRCULATION : 1 . The Committee initially recognizes that the present circulation to Renton Hill is restricted to one access point ( at Third and Mill ) , which essentially creates a large cul -de-sac-type situation . 2 . The present 40 foot street rights-of-way restrict access and limit parking , particularly in that area north of South 7th Street . The existing topography precludes any substantial improvement of existing rights-of-way to allow improved access and parking . • • Comprehensive Planning Committee Report • October 12 , 1977 Page Six 3 . The parking for the residential uses ' is primarily on-street rather than off-street ; and it is recognized that topography limitations preclude , in many cases , development of acceptable off-street parking spaces . 4 . Increased traffic has occurred as the result of the extensive use of Phillip Arnold Park located at the top of •the Hill . ' This impact is particularly noticeable on Renton Avenue . On-street parking has also impacted the adjacent residential neighborhood . 5 . The existing Arterial Street Plan indicates the extension of • Mill Avenue extending in a southeast direction , connecting to a secondary arterial serving the Tiffany Park area . The present Plan also projects the extension of Grant Avenue South from South 11th to Puget Drive. 6 . The extension of Mill Avenue South with the connection as proposed does not appear to be physically feasible due to the existing devel - opment that has occurred and the steep topography. 7 . New development of any type would , in the opinion of the committee , further impact the existing circulation system unless alternative means of access were provided to serve the area . The Committee further recognizes , however , that providing additional access could further compound the existing problem and make the situation more 'critical . COMMUNITY FACILITIES : 1 . The existing park has been utilized as a facility serving beyond the immediate neighborhood . The basic result has been an increase AO Comprehensive Planning Committee Report October 12 , 1977 Page Seven in traffic circulation problems beyond those created by the immediate residents of the Hill area . 2 . The existing park facility , however, is fully developed and is used -, intensively by the community at large . The Renton School District presently has a 10 acre elementary school site located easterly . of said park . A ' school development: at this site is not contem- plated at this time or in. the near future , due to the limited elementary population that might potentially attend said school . . NATURAL SYSTEMS : • 1 . The Hill area , due to ' its nature , has large undeveloped hillside areas with steep slopes , providing a natural greenbelt drainage system. 2 . Disturbance through new development represents a potential hazard in terms of slides and increased runoff problems . RECOMMENDATIONS : Based on its analysis , the Committee recommends as follows : LAND USE : 1 . Recognizing the existing physical limitations of the Hill area , the Committee recommends that the Hill area north of the Puget Sound Power and Light Company transmission right-of-way be designated as single family residential . 2 . The steep hillside areas , powerline rights-of-way , and natural drainage courses be establishes as greenbelt areas , in addition to those presently designated on the Comprehensive Land Use Plan . f Comprehensive Planning, Committee Report October 12, 1977 Page Eight CIRCULATION : 1 . The land, use designations as reflected in the existing Compre- hensive Plan was based upon provision of additional access to the Renton Hill area to the south and southeast. 'The extension of Mill . Avenue South is not physically ' feasible ; and , therefore , it is recommended by the Committee that such designation on the Arterial Street Plan be deleted. 2 . Extensive input on the part of the residents in the Hill area indicates the desire to continue the limited access to the Hill (Third and Mill ) as it is presently constituted. The purpose of such limitation is to enhance the amenities of the Hill area as a residential community and preclude through access . It is , therefore , further recommended that the proposed Grant Avenue connection to Puget Drive be deleted as an alternate means of access to the Hill . 3 . It is recognized that improved access will be necessary to serve the properties to the south and southeast of the Renton Hill area at such time as they are developed . The intent of the Committee ' s recommendations is that such access be provided from the south . COMMUNITY FACILITIES : 1 . Retain the present community facilities designations ' for the. Renton Hill area , including the park and school site , recognizing that the use of the school site for an elementary school may. Or may not be feasible in the near future. Q Comprehensive Planning Committee Report October 12 , 1977. Page Nine 2 . The Committee further recommends that the City pursue the possibil - ity of expansion of Phillip Arnold . Park to the southeast , since it appears that the potential area would allow reasonable expansion of said facility. 3 . The area designated low density multi -family residential adjacent . to the Cedar River north of the . railroad be redesignated future recreation. • • 77 pF R� A • C THE CITY OF RENTON Z. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 Aps. G"' CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT ./3 (o' • 235-2550 • �Q. OaltO SEP1V' Octcber 14 , 1977 • • The Honorable C . J . Delaurenti , Mayor Members of the City Council Centon , Washington RE : PLANNING COMMISSION RECOMMENDATION - COMPREHENSIVE PLAN , RENTON HILL PLANNING AREA (THAT AREA GENERALLY BOUND BY FAI -405 ON THE WEST , CEDAR RIVER ON THE NORTH , THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST , AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH ) Dear Mayor and Council Members : • The Planning Commission submits for your consideration ' recom- mendations regarding the above described area . This action is pursuant to the City Council ' referral and request of June 6 , 1977 . The Planning Commission has conducted a series of public hearings and work meetings regarding the Renton Hill area , including a detailed analysis of land use , circulation , and • community facilities .- The analysis and recommendation of the Comprehensive Planning Committee is submitted in the attached report . dated October 12 , 1977, At the conclusion of the. Planning Commission public hearing of October 12th , the Planning Commission concurred in the recommendations of the Comprehensive Planning Committee and forwarded the committee report to you for your consideration . It is recommended that the City Council set November aist as a public hearing date on the said recommendations . Your con- currence is respectfully requested . .Very tru yap s , ordon Y . is en P arming rector GYE : wr Attachments ,: . 41 COMPREHENSIVE PLANNING COMMITTEE REPORT OCTOBER 12 , 1977 TO : Planning Commission Members FROM: Clark Teegarden , Chairman Comprehensive Planking Committee RE : CITY COUNCIL REFERRAL - RENTON HILL AREA REVIEW OF COMPREHENSIVE LAND USE PLAN AND ZONING INTRODUCTION : By action of the Planning Commission at its public hearing meeting on the above subject matter , the Comprehensive Planning Committee was requested to study the area in question and report back to the Commission on October 12 , 1977 . The attached public hearing notice (public hearing , September 14 , 1977 ) describes the area to be con- sidered and is generally defined as the Renton Hill Comprehensive Planning Area . ( Refer to Public Hearing Notice . ) For the purposes of the Committee ' s deliberations , the Comprehensive Plan is defined as the offical statement of the City of Renton establishing major policies concerning desirable future development. COMPREHENSIVE PLAN - DEFINITION AND ,PURPOSE : The Comprehensive Plan consists of the Goals , Objectives , and Poli - cies ; Land Use Element ; Circulation Element; Community Facilities Element ; and Definitions . Proposed developments should be reviewed against the Comprehensive Plan to insure that growth is consistent with the Plan . The purposes of the Comprehensive Plan are: To improve the physical and social environment of the city as a setting for human activities - to make it more functional , beautiful , decent , healthful , interesting , and efficient ; - • PUBLIC NOT-I .CE • PUBLIC HEARING ' CITY OF RENTON • PLANNI .N. G 'COMMISSION A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION • ' IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON • SEPTEMBER 14, 1977, AT 8:00 P.M. TO CONSIDER THE ITEM . . • DESCRIBED BELOW: ' • PURPOSE: TO REVIEW THE COMPREHENSIVE PLAN IN THE RENTON HILL AREA, PARTICULARLY. THE MULTI—FAMILY RESIDENTIAL DESIGNATED LAND USE IN THE VICINITY OF CEDAR AVENUE SOUTH. THE,RENTON HILL AREA • • • IS THAT' AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR • RIVER ON' THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE . EAST, AND THE POWERLINE RIGHT—OF—WAY ON THE SOUTH. • j i rs z i • ,\ ,.,..,:y ----.. \ ,, r- F .• -,-1,;, ;:•loiat. : _,; il‘.' :: ;,1- .‘," '4 -:1•I'lL .- " ; t „„ ' I N 1,-•1, I. M Fitt.T7l F . !:_• it '' J/f/. Li ' . l . . i f lr 1- ii - f� /:,•-_,-• ;. -.:: - ..(1 . :,-.4.- ; ...- 'Li 1 ."P, ''"1.4.14.4 -4 /,/ 'It /. ; r:i.'!... .. .:'.g .‘.1- /-� % �� - L. ; u r+1.• r 44z1 1 t p °� I • . - .. - F. ' 7..--_i: ',':., .. , —1 1 ----1. _ ____H_--- __ -• • ' THE PUBLIC. IS INVITED., TO. ATTEND AND TO EXPRESS OPINIONS OR SUBMIT COMMENTS, IN WRITING,' ' IF ADDITIONAL INFORMATION. IS DESIRED, CONTACT: CITY OF RENTON - PLANNING DEPARTMENT, 235-2550 MUNICIPAL BUILDING, 200 MILL AVE. S. RENTON, WA. 98055 AP Comprehensive Planning Committee Report October 12 , 1977 Page Two 1 To promote the public interest , the interest of the city at large as well as the interests of individuals , or special groups ; 1 To facilitate the democratic determination and implementa- tion of city policies on development ; 1 To effect political and technical coordination in development ; 1 To inject long-range considerations into the determination of short-range actions ; and 1 To bring professional and technical knowledge to bear on the making of political decisions on the development of the city. The Comprehensive Plan is intended to serve as a guide to help resolve some of the development problems confronting municipal officials and the people they represent . The Plan takes into account existing con- ditions and future needs , and attempts to express the best reasonable consensus that can be achieved at a given time as to the character and direction of future growth . The Plan is of necessity general in its proposals . It must be flexible , since it is impossible to predict all future events which may affect the community . The Plan is not a zoning ordinance , although it makes significant recommendations for future land use . The Plan is not pre- cise . It does not represent engineering accuracy , nor does it claim to predict exactly the future use of every parcel of property , or insure that growth is consistent with the Comprehensive Plan . Comprehensive Planning Committee Report October 12 , 1977 Page Three In order for the Plan to maintain effectiveness , it should be reviewed periodically. Conditions might change and unforeseen events may occur which might necessitate a re-evaluation. BACKGROUND: As background to the . study of the area in question , the Committee con- ducted a field trip of the area involved and studied-An detail the existing land use , the characteristics of the existing development, and the physical features of the land , including topography and drainage : During the course Of the Work sessions by the committee , representatives from property owners in the Hill area were present and provided input in the matters discussed. The matter of access was considered in some detail in terms of the existing street rights-of-way , traffic circulation , existing street conditions , the parking and access problems to individual properties , as well as the matter of general traffic circulation . The study area for comprehensive planning purposes overlapped into adjacent areas ; and, therefore , the study of the committee encompasses areas beyond the immediate boundaries of the Renton Hill area , particu- larly as it relates to traffic circulation , potential development, need for community facilities , and general area-wide impact of future development. The consideration of the committee was basically restricted to con- sideration of the Comprehensive Plan elements : land use , circulation , and community facilities . In regard to said elements , the natural characteristics of the area were also considered. It• Comprehensive Planning Committee Report October 12 , 1977 Page Four LAND USE ELEMENT: FINDINGS: 1. The Renton Hill area is primarily a single family residential neighborhood with some limited apartment and duplex use inter- mixed. The extent of multi -family residential development is limited at this time and is primarily concentrated along Mill Avenue South and located westerly of Cedar. 2. Physical characteristics of the area indicate that, while an older area of the community, the area is basically sound in terms of both building and general physical potential for upgrading . This potential is presently being recognized by many property owners in the area , and the area is considered a desirable single family residential neighborhood. 3. While the area has been in a state of transition , with increased land values , the physical amenities of the Hill area , such as view, makes the area highly desirable for residential development. 4 . The existing Comprehensive Land Use Plan designation for Renton Hill is primarily single family residential with low and medium density multi -family residential designations between Mill Avenue South and Cedar Avenue South and extending southerly to and includ- ing a larger tract of medium density multi -family residential located at the southwesterly edge of the Hill area . The hillside areas to the north are presently designated as greenbelt , with the existing industrial development adjacent to the railroad right-of-way and a low density multi -family designation to the dr Comprehensive Planning Committee Report October 12 , 1977 Page Five north adjacent to the Cedar River. 5. The area includes several large tracts of undeveloped areas , which represent both potential single family and multi -family residential development. Development in accordance with the present plan would result in increased land use densities . 6. The Committee also reviewed the geological conditions of the Hill area , including consideration regarding mines previously located in the area. It was initially recognized that the Hill has large underlying coal beds , some of these beds having been mined-out. Said coal beds represent not only a future energy resource potential but also a hazard to any surface development in terms of possible mine subsidance. The extent of such development hazard is unknown and will vary with location . It is recognized, however, such hazards must be considered in terms of existing and future development. CIRCULATION: 1 . The Committee initially recognizes that the present circulation to Renton Hill is restricted to one access point (at Third and Mill ) , which essentially creates a large cul -de-sac-type situation . 2 . The present 40 foot street, rights-of-way restrict access and limit parking, particularly in that area north of South 7th Street. , The existing topography precludes any substantial improvement of existing rights-of-way to allow improved access and parking . • Comprehensive Planning Committee Report October 12 , 1977 Page Six • 3 . The parking for the residential uses is primarily on-street rather than off-street ; and it is recognized that topography limitations preclude, in many cases , development of acceptable off-street parking spaces . 4. Increased .traffic has occurred as the result of the extensive. use Of Phillip Arnold Park located at the top of the Hill . This impact is particularly noticeable on Renton Avenue . On-street parking has also impacted the adjacent residential neighborhood . 5 . The existing Arterial Street Plan indicates the extension of • Mill Avenue extending in a southeast direction , connecting to a secondary arterial serving the Tiffany Park area. The present Plan also projects the extension of Grant Avenue South from South 11th to Puget Drive. 6. The extension of Mill Avenue South with the connection as proposed • does not appear to be physically feasible due to the existing devel - opment that has occurred and the steep topography. 7. New development of any type would, in the opinion of the committee , further impact the existing circulation system unless alternative means of access were provided to serve the area. The Committee further , recognizes , however, that providing additional access could further compound the existing problem and make the situation more critical . COMMUNITY FACILITIES : 1 . The existing park has been utilized as a facility serving beyond the immediate neighborhood. The basic result has been an increase Comprehensive Planning Committee Report October 12 , 1977 Page Seven in traffic circulation problems beyond those created by the immediate residents of the Hill area . 2 . The existing park facility, however, is fully developed and is used intensively by the community at large. The Renton School District presently has a 10 acre elementary school site located easterly of said park. A school development at this site is not contem- plated at this time or. in the near future, due to the limited elementary population that might potentially attend said school . NATURAL SYSTEMS : 1 . The Hill area , due to its nature , has large undeveloped hillside areas with steep slopes , providing a natural greenbelt drainage system. 2. Disturbance through new development represents a potential hazard in terms of slides and increased runoff problems . RECOMMENDATIONS : Based on its analysis , the Committee recommends as follows : LAND USE : 1 . Recognizing the existing physical limitations of the Hill area , the Committee recommends that the Hill area north of the Puget Sound Power and Light Company transmission right-of-way be designated as single family residential . 2 . The steep hillside areas , powerline rights-of-way , and natural drainage courses be established as greenbelt areas , in addition to those presently designated on the Comprehensive Land Use Plan . 41 Comprehensive Planning Committee Report October 12, 1977 Page Eight CIRCULATION : 1 . The land use designations as reflected in the existing Compre- hensive Plan was based upon provision of additional access to the Renton Hill area to the south and southeast. The extension of Mill Avenue South is not physically feasible ; and, therefore, it is recommended by the Committee that such designation on the Arterial Street Plan be deleted. 2 . Extensive input on the part of the residents in the Hill area indicates the desire to continue the limited access to the Hill (Third and Mill ) as it is presently constituted. The purpose of such limitation is to enhance the amenities of the Hill area as a residential community and preclude through access. It is , therefore , further recommended that the proposed Grant Avenue connection to Puget, Drive be deleted as an alternate means of access to the Hill . 3. It is recognized that improved access will be necessary to serve the properties to the south and southeast of the Renton Hill area at such time as they are developed . The intent of the Committee ' s recommendations is that such access be provided from the south . COMMUNITY FACILITIES : 1 . Retain the present community facilities designations for the Renton Hill area , including the _park and school site , recognizing that the use of the school site for an elementary school may or may not be feasible in the near future. Comprehensive Planning Committee Report October 12, 1977 Page Nine 2. The Committee further recommends that the City pursue the .possibil - ity of expansion of Phillip Arnold Park to the southeast , since it appears that the potential area would allow reasonable expansion of said facility. 3. The area designated low density multi -family residential adjacent to the Cedar River north of the railroad be redesignated future recreation . • ' RENTON URBAN AREA la q'V ' COMPREHENSIVE PLAN ..,L\I° 1�' l 110'E �. REVISED AUGUST 1978 -- \ ------ ---- --- -- -- — 1 ,41,,,ea-X.-iw iiFr= !qY�O I`is J J- / J 1 f• 1 LEGEND � _r/ ____ SINGLE FAMILY IJ LIGHT INDUSTRY OR M-P I 41 4 Q LOW DENSITY MULT.FAM. -HEAVY II ��Wiii MED. . �� MfSI MANUFACTURING PARK I/M■• -11: I - HIGH " " " Q RECREATION NI COMMERCIAL =GREENBELT �= EMI `. I p 0^ PUBLIC!OUABI-PUBLIC ■ \ ________ \\ \ FIIm* NM ,• It fi ' �y LAKE �1�.'�f`� 'fir/ �ter �ti WASHINGTON o ,�?�' 111/ \ 1 I` •`,1`� is ing I11126., . . ems .,. . n. a , Imm II 11..Elr.Si \ \ iff lito inuk_. u 1 litV:014115(-16 - . . .. A rviogrin .4,11 • . I c rimaactc . • , . . ! c • IIMPSIM In r \dal. 0 w +''.'nx,;! ` "i 'fir::_ _ ' in / ,. —�� f ._-wate,.iN • �'1.-A' .r,:� `1.ail •_ J •';-.1 IIiII &c , ifof11 .• �.G:� _k `, : r 1 __ w ` . —` ' .....„),to., j,71,,0 yi::::::::::::::::::::::::::::::::::1 vigi. .k.,i,•, ,;:altv, 1, s.,.,...,...:::,,, . . alk _. l'i(rial 11544)1 : ::::::\:•:•::::§::::::::::::':::' mi we-- - As... ...1. I . VIM Mil lm tl12t . . ' I C ' II .. rY is pm ; . __., • . .. • // LAKE I • BA 1 \ 111YOUNGS 1 � 1 p . I .1 1 i --7 . COMPREHENSIVE LAND USE PLAN The Land Use Element of the Comprehensive Plan is an official public document adopted by the City Council as a policy guide to decisions regarding the physical . development of the community. It indicates in a general way what the people of • the community consider as desirable future land use development. The areas denoted on th.e map above are generalized. The definitions listed on the back • will aid in interpreting the map.- This is not a Zoning map and therefore, does not represent existing zoning within the city. Zoning of individual parcels of. land is outlined on the Zoning map and specific uses permitted are defined in the Zoning Code. . For further information call the Planning Department at 235-2550, Municipal Building, Renton, WA 98055. ' • SINGLE FAMILY RESIDENTIAL An area intended to be occupied Li a single family dwelling unit or related compatible • • uses. LOW DENSITY MULTI-FAMILY •RESIDENTIAL An area intended for two-family dwellings and limited special uses. • MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL An area intended for Medium Density/Medium Rise residential uses such as apartment's- and townhouses. • HIGH DENSITY MULTI-FAMILY • An.area intended for residential uses allowing the maximum number of dwelling units, the maximum number•of stories, and the maximum proportion of land area coverage permitted in the city. COMMERCIAL • An area intended as a retail area with some non-industrial wholesale and service activities, office buildings, and uses devoted to the traveling public, such as hotels and motels. MANUFACTURING PARK • An area designated as having light and certain compatible heavy industrial uses with selected commercial uses in a manufacturing park type development which includes, but is not limited to, adequate setbacks, landscaping, functional design, compatibility with adjacent uses, open space, wildlife habitat, and perhaps joint use of facilities. LIGHT INDUSTRY OR MANUFACTURING PARK • An area designated as having industrial activities and uses involving the processing, handling and creating of products, also research and technological processes which are devoid of nuisance factors, hazard, or excessive demands upon public facilities and services. HEAVY INDUSTRY An area designated as having industrial activities and uses involving manufacturing, assembling and processing, bulk handling of products, large amounts of.storage, ware- housing, heavy trucking and all other uses, excluding single family .and duplex residen- tial dwellings. PUBLIC AND QUASI-PUBLIC Those areas in which publicly and certain privately owned uses are located, which , include utilities, health care, churches, clubs, or philanthropic institutions primarily designed to promote the public welfare or serve the public on a non-profit basis. RECREATION • Those areas designated primarily for leisure time pursuits by members of the public, for active and passive recreation which includes such land uses as parks and play- • grounds. GREEN BELT (LIMITED DEVELOPMENT AREA) An area with severe topographic, ground water, slide potential or other physical conditions which impair development, and is intended to be developed in extremely • low density single family, recreation, open space, or other compatible low density use. OPENING STATEMENT before Renton City Council, November 21 , 1977 !i My name is Kathy Keolker; my address is 532 Cedar Avenue South. I am responsible for the petition asking for a rezone of Cedar Avenue South that was submitted to you in. June 1977. A second petition was circulated on the remainder of Renton Hill in support of the original petition. It also opposes zoning, planning or building of multiple family dwellings or industrial concerns on Renton Hill or in any adjacent area that might require access through our neighborhood. The two petitions have over 250 sig- natures to date and they represent a majority of Renton Hill property owners. Many of these people have lived on Renton Hill for more than 50 years. Since these petitions were circulated, we have formed a community group called the Renton Hill Community Association. We support and encourage growth that is in the best interests of the residents of the Hill. We are before you this evening in support of the Planning Commission' s recommendations for changes in the comprehensive land use plan for our area. You are our elected representatives and we ask you for your help in solving the problems of Renton Hill. . This evening we will affirm our position as opposing apartment development on Renton Hill. We will share the specific concerns which prompted us to take action in order to give you as much information as possible to make a decision on the recommendations that are before you. Simply the fact that we have united our families, friends and neighbors in the effort to save Renton Hill is a credit to the City of Renton. We value Page 2 Opening Statement, 11/21/77 all the good qualities of life in this city and we feel these qualities are represented in our neighborhood. This effort has not been made by one person but by the many members of the community as a whole. Our position is to encourage orderly, appropriate growth for Renton Hill that is practical, responsible and healthy. The people who will share our concerns tonight are members of the Renton Hill Community Association and were chosen by their neighoors to represent them and speak for their interests. Each person will give a short presentation of specific concerns. In this way, we will share a maximum amount of information in a minimum of time. ' we have spent several weeks in meetings with members of the Planning Commission to study Renton Hill in depth. I am very impressed with their dedication and professionalism and I am amazed with the amount of time and study that has gone into their final recommendation. We support their recommendations in total and we are pleased to know that such a conscientious advisory group is involved in the city planning process. We will show you tonight that the addition of multi-family housing on Renton Hill would have a severe detrimental impact on an existing long-established community. It would destroy the unique character of our neighborhood. At the present time, we have reached and, in some cases, exceeded the amount of traffic volume these old streets can handle. With the addition of apartment complexes the traffic volume, access, street width . age 3 , Opening Statement, 11 /21/27 and parking would be intolerable. This is our most pressing concern. We are also concerned with maintaining our low crime rate, insuring the safety of our children, appreciating the historical value of the Hill and encouraging the pride of ownership which is so important in older neighborhoods. Renton Hill has the potential to become the showplace of the city. By revitalizing and improving an older single family community that exemplifies the best qualities of life in the City of Renton, we all benefit from responsible growth and we add to the value of Renton as a desirable and pleasant place to live. We are concerned. we are proud of our neighborhood and we care. If we didn' t care, no petitions would have been circulated, no signatures willingly given, no community association formed and no one would be here this evening. We value our homes and the quality of life on Renton Hill and we feel these qualities are priceless. Without love, family and a sense of belonging for each individual, our society will not survive. When we stop to realize that each person' s life touches another, we must try to insure that in our relationships with other people we are warm, compassionate and caring. This is the feeling of being a member of the family of Renton Hill and this is what we are trying to save. • of uF 0 .. THE CITY OF RENTON l MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON WASH 98055 z • 0 .o CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT c4Z235 2550' O � ,P�T' �0 O SEP1� . • • MEMORANDUM . October 25 , 1977 . TO : -Planning Commissioners FROM : Gordon Y . Ericksen , Planning Director RE : • CITY COUNCIL REFERRAL COMPREHENSIVE PLAN , RENTON HILL ' AREA • , • Attached for your information are a memo and Council minutes of June 6 , 1.977 , and October 17 , 1977 , to clarify the intent of the Council referral . In view of this , the Planning Commission public hear- ing scheduled for November 9 Will .be on the Comprehen- sive Plan only , as it ' relates to the expanded area of the. Hill (powerline right-of-way to' Puget Drive to Edmonds Avenue S : E . / 116th Avenue S . E . extended) . GYE : wr Attachments , cc : Mayor . Council President • • Renton City Council 10/17/77 Page 4 Correspondence and Current Business - Continued • Garbage Letter from Deputy Finance Director Bennett recommended referral to . Continued the Ways and Means Committee for proper ordinance. MOVED BY PERRY, SECOND' BRUCE, COUNCIL CONCUR IN RECOMMENDATION. Councilman Stredicke inquired re change in King County scale system, being advised by • Bennett that scales go into effect about 11/1/77 with probable change in rates at that time. Public Works Director Gonnason antici- pated letter next Monday indicating rate increase. Councilman Perry noted being advised in committee meeting of $50,000 surplus in the garbage fund.and asked Administration for clarification by next week. Mayor Delaurenti asked Deputy Finance Director to handle request. MOTION CARRIED. • Advance Refunding Letter from Seattle-Northwest Securities Corporation requested meet- . Water.& Sewer ing .to discuss advance refunding of 9/1/54, 5/1/65 and 12/15/65 Revenue Bonds water and sewer revenue bonds, having previously met with. Finance - Director and Deputy. The letter explained purpose that new refund- ing bonds issued on a parity of lien with the 1976 refunding bonds ' and eliminate the 1.5 coverage requirement; new coverage require- ment.would be 1.3-on all the water and sewer debt or annual reduction in, debt service of approximately $65,000. The letter noted second benefit of refunding program with reduction of in debt service of approximately $43,700. MOVED BY PERRY, SECOND BRUCE, COUNCIL.REFER MATTER TO WAYS AND MEANS COMMITTEE FOR REVIEW AND RECOMMENDATION. • Councilman Stredicke Noted reduction in funds of $100,000 for • 'application to Senior Citizen Center, being advised by Deputy Finance Director Bennett that savings on water and sewer bond issues'are Utility Fund and not General Fund savings; Stredicke inquiring re transfer/appropriation. MOTION CARRIED. OLD BUSINESS Council President read 6/6/77 Council minutes regarding petition from Renton Hill citizehs to' review zoning in area. and�action taken Comprehensive with substitute motion by Shinpoch that Council refer request for Plan - single family zoning to the Planning Commission' and Hearing Examiner, Renton Hill which motion carried. Perry reported discussion re intent of divi- sion of responsibilities and tasks and .PERRY MOVED, SECOND SHINPOCH, \/ PLANNING COMMISSION BE NOTIFIED THAT-INTENT OF MOTION ON 6/6/77. WAS FOR THE PLANNING .COMMISSION. AT THIS TIME -TO'CONSIDER ONLY THE COMPREHENSIVE PLAN. ' CARRIED. City Attorney Shellan noted per ordinance, that the jurisdiction for rezoning is with the Land-Use . Hearing Examiner and the ,pri'mary function with Planning Commission its change in Comprehensive Plan and also recommendations_ on zoning changes areawide. (See earlier setting of public hearing) Planning and Planning and Development Committee Chairman Perry submitted tom- Development 'mittee report recommending Council support the,request of the King Committee Report County Council to introduce proposed King County Motion 77-237 to the Joint Sphere of State Legislature, being'enabling'legislation to allow cities and Influence counties to establish joint sphere of influence. MOVED BY STREDICKE, SECOND PERRY, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Off-Site The committee report recommended changes to the ordinance following Improvements review of procedures, for granting deferrals, exceptions, variances and waivers by City'Board and' Land Use'Hearing Examiner,-as follows: (a) Ordinance creating the Bd. of Public Works Code 6-2-606 member- ship - restructure membership to include Director of Public Works, Director of Parks and Recreation, Director of Planning, Fire Chief and Traffic Engineer (deleting Airport Director and Finance Director. '(b) Duties 6-2-602E, revise changing work "variances" to. "deferments" adding after thereto "deferments shall not exceed 24'months.", (c) Add new section allowing granting of deferred off site improvements by Board of Public Works, adding statement that such deferments maybe granted for reasonable cost not to exceed a period of two years. The report noted committee will continue to review and ,study . .Council policy regarding ,this subject. MOVED-BY SHINPOCH, SECOND PERRY, COUNCIL CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. Councilman Perry- noted policy change that deferments shall not exceed 24 months and deferment shall not be' granted unnecessarily; previous policy left open-ended deferments, such as at time of LID in-area. MOVED BY STREDICKE,' SECOND PERRY, REFER ORDINANCE CHANGES TO THE WAYS AND MEANS COMMITTEE. CARRIED. R.ntonCity Council 10/24/77 Page 2 CONSENT AGENDA The following Consent Agenda items, previously distributed to all Council members are considered routine and are enacted by one motion • unless removed by Council action for separate consideration. Voucher Approval Ways and Means Committee recommended Council approval for payment of Vouchers #15567 through #15744 in amount of $406,913.88. and LID #302 Revenue and Cash Warrants R-6 $87, 062.36, C-7 $10,000 & C-8 $77,062.36 with departmental certification as to receipt of services and/or merchandise. Council approval. Proclamation Mayor Delaurenti's Proclamation declared 11/7 - 14/77 as Hire a "Hire Disabled Disabled Veteran Week urging employers to be instrumental in this Veterans" undertaking by realizing contributions and sacrifices of veterans. Bid Opening City Clerk Mead reported 10/21/77 bid opening for signalization and S. 2nd St. road widening for South 2nd St. from Mill Ave. S. to Main Ave. S. Improvements Two bids r?ceived as shown on attached tabulation. Refer to the Public Services Committee. SCS and Stirskey Hearing Examiner Beeler transmitted records and recommendation for • Holdings approval with conditions Rezone SR-1 to R-2, SCS and Stirskey Rezone Holdings, property located approximately 100 ft. west of Rolling R-077-77 Hills Ave. SE along the east side of Puget Dr. SE between Parkwood single family residence subdivision and the BPA Carr line right-of- way. Refer to Ways and Means Committee for proper ordinance. Rubin Salant Hearing Examiner Beeler transmitted records and recommendation for Rezone approval with conditions RezoneGS-1 to R-2 and R-3.with' conditions R-071-77 for property located at the northeast corner of South Puget Drive and Grant Ave. S.; property extended approximately 550 ft. north of South Puget Dr. along Grant Ave. S. Applicant: Rubin Salant. Purpose: Construction 150-160 units on 7.8 acre site. Refer to Ways and Means Committee for proper ordinance. Consent.Agenda MOVED BY PERRY, SECOND CLYMER, COUNCIL CONCUR IN CONSENT AGENDA. Approval CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Appointment Letter from Mayor Delaurenti appointed Mr. Lawrence J. Warren as Acting City the Acting City Attorney for the City effective November 1, 1977, Attorney noting state law and City Codc applicable, as well as necessity of appointment due to Gerard M. Shellan's resignation effective as.of 10/31/77 to assume new position as King County Superior Court Judge. The letter explained an Asst. City Attorney will be appointed by the Acting City Attorney, notice to be filed pursuant to City Code. Consideration of 'permanent appointment of City Attorney will be made in due time with consultation with Council at that time. MOVED BY CLYMER, SECOND PERRY, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Mayor Delaurenti introduced Acting City Attorney Larry Warren. Renton Hill Letter from Robert McBeth of Gouge, McBeth & Faull, submitted copy Rezone Request of legal memorandum prepared in response to questions by,members of the Planning Commission; submitted to Council for review in evaluating requests being made to change the Comprehensive Land Use Plan and applicable Zoning Ordinances on Renton Hill. MOVED BY STREDICKE, SECOND THORPE, COUNCIL REFER CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE UNTIL TIME OF PUBLIC HEARING ON THIS MATTER (11./21/77). CARRIED. Latecomer Request Letter from King County Department of Public Works, D. R. Horey, King County County Road Engineer requested Latecomer's agreement on 12-inch Shop Facility sanitary sewer trunk serving the County consolidated office and shop facility and also the 12-12 inch extension connecting into the City system in SE 141st St. The letter noted intent by County to recover portion of the sanitary sewer installations costs when shared with adjacent property owners; 15 year agreement requested. Total cost of both trunks quoted by general contractor to County is $152,697. MOVED BY CLYMER, SECOND PERRY, COUNCIL REFER REQUEST TO THE PUBLIC SERVICES COMMITTEE. CARRIED. 'Mr Akt, e • • D -aq- 77 GOUGE. MCBETH & FAULL • ATTORNEYS AT LAW H. DONALD GOUGE = C. BCx 26 ROBERT E.McBET, >::=-E SCUT+ TH RD STREET /{ GARY F. FAULL RENTON,WASHINGTON 98055 ,1�� V`0 • 4 o.rg S' S5J0 OCT October 13 , 1977 • CITY Q �8 )977 m4 VolpS OFFj f • The Honorable Charles J. Delaurenti; Mayor : ,\��1920Z1�c�,� • Members of the Renton City 'Council f�� k , • Renton Municipal Building • �\\9�1 � 200 Mill Avenue South \IV® (.� Renton, Washington 98055 jl' tQo ok'iRE: RENTON HILL - REZONE REQUEST c C\�-61 wg 0� `1J Dear Mayor Delaurenti and ,��c,C2 • Members of the Renton City Council: Enclosed herein please find a copy of a Legal Memorandum which. I had prepared in response to questions directed to me by members of the Planning Commission. I forward this Memorandum to you for your review and consideration in evaluating the requests now being made to change the Comprehensive Land Use Plan and applicable Zoning Ordinances on Renton Hill. If you have any questions , please feel ee to call me. • Very tr . you , • 14;;414 //A( ROBERT E. McBETH REMcB:mr cc-Gerard M. Shellan, City Attorney TO: City of Renton - City Council City of Renton - Planning Commission City of Renton - Planning Department Gerard M Shellan, City Attorney FROM: Renton Hill Community Association Robert E. McBeth, Attorney at Law LEGAL MEMORANDUM• ISSUE: May the City of Renton change the existing Comprehensive Plan and/or Zoning Ordinances to remove "apartment houses" as permitted uses allowed on Renton Hill? ANSWER: Yes I. ADOPTION OF ZONING REGULATIONS - STANDARDS The Renton City Council has the discretionary power to enact such zoning regulations as it deems appropriate to govern or regulate the growth and development of this city. As a general proposition, the enactment of a zoning ordinance by a city council is a discretionary exercise of police power by the legislative authority of a city and will not be reviewed by the Courts except for a manifest abuse of such discretion. The burden of proving abuse of discretion, usually characterized as arbitrary and capricious conduct, is upon the persons challenging it. Sharninghouse v. City of Bellingham, 4 Wn. App 198, 480 P.2d. 233 (1971) . A concise statement of the law concerning a challenge to a zoning action taken by a municipality was given in State ex rel Myhre v. City of Spokane, 70 Wn. 2d. 207, 210, 422 P.2d 790 (1967) as follows: " [1] Zoning is a discretionary exercise of police power by a legislative authority. Lillions v. Gibbs, 47 Wn.2d 269, 289 P.2d 203 (1955) . Courts will not review, except for manifest abuse, the exercise of legislative discretion. State ex rel. Smilanich v. McCollum, 62 Wn.2d. 602, 384 P.2d 358 (1963) . Manifest abuse of discretion involves arbitrary and capricious conduct. Such conduct is defined to be without consideration and in disregard of the facts. State -1- • ex rel. Lopez-Pacheco v. Jones, 66 Wn.2d 199, 401 P.2d 841 (1965) ; State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, 61 Wn.2d 461, 378 P.2d 691 (1963) . One who asserts that a public authority has abused its discretion and is guilty of arbitrary, capricious, and unreasoning conduct has the burden of proof. State ex rel. Lopez-Pacheco v. Jones, supra; State ex rel. Longview Fire Fighters Union, Local IS: 828, v. Longview, 65 Wn.2d 568, 399 P.2d 1 (1965) . If the validity of the legislative authority's classification for P1 zoning purposes is fairly debatable, it will be sustained. Euclid v. Ambler Realty Co. , . 272 U.S. 365, 71 L.Ed. 303, 47 Pc Sup. Ct. 114, 54 A.L.R. 1016 (1926) ." See also Farrell v. City of Seattle, 75 Wn.2d 540, 452 P.2d 965 A (1969) . These general rules have been followed consistently in this state in numerous decisions rendered by our Courts. The arbitrary and capricious standard was discussed in Sharninghouse v. City of Bellingham, supra, at 201, and in Lillions v. Gibbs, 47 Wn.2d 629, 289 P.2d 203 (1955) , and the standard was defined as follows: "Arbitrary and capricious action of administrative bodies means willful and unreasoning action, without consideration and in disregard of facts or circumstances. Where there is room for two opinions, action is not arbi- trary or capricious when exercised honestly and upon due consideration, even though it may be believed that an erroneous conclusion has been reached, In re Buffelen Lbr. & Mfg. Co. , 32 Wn. (2d) 205, 208, 201 P. (2d) 194 (1948) , and case cited. Accord, State ex rel. Myhre v. Spokane, supra; Burnham v. Board of Appeals of Gloucester, 333 Mass. 114, 128 N.E.2d 722 (1955) ." See also: Washington Association for Retarded Citizens v. City of Spokane, 16 Wn. App. 103, (1976) . II. AMENDMENT OF ZONING REGULATIONS - STANDARDS When a City Council acts to amend or change conditions existing under established zoning laws, additional considerations come into play. Before deciding to amend its zoning ordinance, a city must weigh benefits which flow to the public generally against the detriment, if any, to adjacent or otherwise affected property owners or to the public which might result from such a -2- change. This concept was discussed by the Court in Fleming v. City of Tacoma, 81 Wn.2d 292, 295, 502 P.2d 327 (1972) as follows: " [1] We have long passed the time when one may use his land as he wishes provided it creates no nuisance. The concentration of population and the infinite variety of mod- ern land uses necessitate effective land use planning. The restrictions on use, inherent in zoning, insure that if one uses his property in a way harmonious with the existing zoning codes, he will be free from the danger that the future use of his neighbor's land might be detrimental to or foreclose his own established use. Decisions which amend or change conditions under existing zoning laws therefore require an extremely sensitive balance between individual rights and the public welfare. The process by which such decisions are made must not only be fair but must appear to be fair to insure public confidence therein." ' The Court held that nd(only must the City be prepared to meet the arbitrary and capricious standard discussed above, it must also satisfy an "appearness of fairness" standard which has been dis- cussed in numerous Court opinions. This is not the place to set forth a lengthly discussion of the appearness of• fairness standard, and I would therefore refer, the reader to the Court's opinion in the following cases: 1. Fleming v. City of Tacoma, 81 Wn.2d 292, 502 P.2d 327 (1972) . 2. West Slope Community Council v. City of Tacoma, 18 Wn. App. 328 (1977) . 3. Smith v. Skagit County, 75 Wn.2d 715, 739, 453 P.2d 832 (1969) 4. Buell v. City of Bremerton, 80 Wn.2d 518, 496 P.2d 1358 (1972) . Suffice it to say that under the appearness of fairness doctrine, the City Council must act in an open hearing in which all views have an opportunity to be expressed in which the Council acts as a completely disinterested person to make the final decision on the matter at issue. The standard is this: A zoning action meets the •requirements of the appearness of fairness doctrine -3- when a disinterested person, having been appraised of the totality of a zoning board member's personal interest in a matter being acted upon, would not be reasonably justified in thinking that partiality may exist. West Slope Community Council v. City of Tacoma, supra. The basic import of all of these cases is that the City Council & Planning Commission must consider all of the competing forces involved in this dispute and reach an impartial decision based upon all the facts and circumstances presented to them. Once that decision is made, it more than likely will be allowed to stand. III. DUTY TO AMEND ZONING REGULATIONS ON CHANGE IN CONDITIONS Although zoning implies a degree of permanency, the City is under a duty, when conditions relating to a zoned area have so clearly changed as to emphatically call for revisions in zoning, to initiate proceedings and consider the necessity of pertinent modifications of their zoning ordinances. In Bishop v. Town of Houghton, 69 Wn.2d 786, 792, 420 P.2d (1966) , this concept was expressed as follows: " [1] We have no quarrel with respondents' basic theme to• the effect that while zoning implies a degree of perma- nency, it is not static and zoning authorities cannot blind themselves to changing conditions. Thus, when conditions surrounding or in -relation to a zoned area have so clearly changed as to emphatically call for revisions in zoning, the appropriate zoning authorities are under a duty to initiate proceedings and consider the necessity of pertinent modi- fications of their zoning ordinances. Otherwise, outmoded zoning regulations can become unreasonable, and the zon- ing authorities' failure to suitably amend or modify their ordinances can become arbitrary, in which event Courts can and should grant appropriate relief. 2 Metzenbaum, Zoning 1125 (2d ed. 1955) ." This same idea was expressed in Farrell v. City of Seattle, supra, as follows: " [2] We also recognize that, although zoning implies a degree of permanency, municipal authorities must be re- -4- sponsive to changing conditions and circumstances which justify revision of existing zoning classifications. Other- wise, the outdated land use restrictions may become un- reasonable, and refusal to amend or modify zoning ordi- nances could result in arbitrary and unreasonable conduct. Bishop v. Town of Houghton, 69 Wn.2d 786, 420 P.2d 368 (1966) . Although courts are not empowered to amend zoning ordinances, or rezone a particular property, the may grant appropriate relief and declare the action of the zoning authorities invalid, upon a showing of unreasonable and arbitrary zoning action or inaction. Bishop v. Town of Houghton, supra; McNaughton v. Boein , 68 Wn.2d 659, 414 P.2d 778 (1966) . As stated above, a zoning ordinance is not permanent and is not static. Zoning authorities cannot blind themselves to changing conditions and must take positive action to change zoning regulations when circumstances change. IV. VESTING OF PROPERTY RIGHTS Two recent Court of Appeals opinions have discussed the issue of vested rights when changes are made in applicable zoning regulations. In Mayer Built Homes, Inc. , v. The Town of Steilacoom, 17 Wn. App. 558 (1977) , the Plaintiff's property was affected by an ordinance removing "apartment houses" as a permitted use in an existing zoning classification and by a later change in classification to one which did not permit apartments. In separate actions, the Plaintiff developer challenged the validity of the later change and sought the issuance of a building permit for an apartment house. The developer argued that the city acted arbitrarily and capriciously in rezoning his property and that the act so reduced its value as to amount to an unconstitutional confiscation of his property. The Court's opinion in full is attached to this Memorandum for your review. Two statements, however, are important: "We consider first Mayer's argument that the town council's rezoning of his property must be voided due to its arbitrary and capricious nature. A zoning act is subject to judicial review only for manifest abuse of discretion. The party asserting that a legislative authority has abused its -5- discretion by acting arbitrarily and capriciously, i.e. , without consideration and in disregard of the facts, has the burden of proof; if the zoning classification is fairly debatable, it will be sustained. State ex rel. Myhre v. Spokane, 70 Wn.2d 207, 210, 422 P.2d 790 (1967) . A municipality's zoning action should be reviewed with the following approach in mind, as adopted in Carlson v. Bellevue, 73 Wn.2d 41, 51, 435 P.2d 957 (1968) : 'In determining whether or not a zoning ordinance is reasonable in its application to.agiven parcel of land, among the factors to be taken into considera- tion are the character of the neighborhood, existing uses and zoning of nearby property, the amount by which property values are decreased, the extent to which the diminution of values promotes the public health, safety, morals or welfare, the relative gain to the public as compared with the hardship imposed upon the individual owner, the suitability of the subject property for the purpose for which it is zoned, and the length of time the property has remained unimproved, considered in the context of the land development in the area. No single factor is controlling but each must receive due con- sideration. But to sustain an attack upon the vali- dity of a zoning ordinance, an aggrieved property owner must show that if the ordinance is enforced the consequent restrictions on his property preclude its use for any purpose to which it is reasonably adapted. He is required to show that there is no possibility for profitable use under the restrictions of the ordinance, or alternatively that the greater part of the value of the property is destroyed by it, although there may be some slight use remaining. Adaptability, it has been declared, envisages economic as well as functional use, and assumes not the most profitable use, but that some permitted use can be profitable. ' (Footnotes omitted.) 8 E. McQuillin, Municipal Corpora- tions 25.45, at 111 (3d ed. rev. 1976) ." ID at 561-562. " [3] The rule on retroactivity of zoning changes is that application for a building permit vests in the applicant the right to use his property as then per- mitted, and that a subsequent change of zone cannot divest him of that right. State ex rel. Ogden v. Bellevue, 45 Wn.2d 492, 275 P.2d 899 (1954) "ID at 555 - 554. In Ullock v. City of Bremerton, 17 Wn. App. 573, 583 (1977) , the Court held: "Furthermore, zoning laws do not establish vested rights until the building permit has been sought and issued, and the application must be consistent with the zoning ordinance. Eastlake Com. Council v. Roanoke Ass'n, 82 Wn.2d 475, 513 P.2d 36, 76 A.L.R.3d 360 1973) ." Emphasis added. -6- Under each of these rulings, it is clear that the • developer has no vested right to an existing zoning ordinance until an application for a building permit is filed. Once a building permit application is filed, changes in applicable zoning ordinances cannot affect the property owner. Until that time, however, the City can make such changes as it deems appropriate and apply those changes to all property affected by the zoning change. V. SUMMARY The Renton Planning Commission and Renton City Council have before them a request from residents on Renton Hill to make such changes in our existing Comprehensive Land-Use Plan and Zoning Ordinances so as to remove "apartment houses" as permitted uses on Renton Hill. There is no question that the City has the power to make such changes if they feel such changes are now appropriate. We contend that circumstances have changed since those ordinances were adopted and that the City now has an affirmative duty to change both the Comprehensive Land-use Plan and Zoning Ordinance to meet this new situation. The developers contention that this change would result in economic ruin or would amount to an unconstitutional taking of his property is without merit. . No vested rights exist until an application for a building permit is filed, and that has not been done in this case. The Council and the Planning Commission must consider the factors set forth in the Mayer Built Homes case, and we feel confident that such review will result in affirmative action by the City to make the changes requested. Respectfully submitted, • .//2e(Z•4 ROBERT E. McBETR Attorney at Law -7- -1- • CITY OF RENTON • NOTICE OF PUBLIC HEARING • BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 21st day of November , 19 77 , at 8:00 p.m. in the Council Chambers of the Renton Municipal Building, Renton, Washington, as the time and place for a public hearing to consider the following: • • COMPREHENSIVE PLAN, RENTON HILL PLANNING AREA (THAT'AREA GENERALLY • BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH) • • SEE ATTACHED MAP • Any and all interested persons are invited to be present to voice approval , disapproval or opinions on same. • CITY OF RENTON 111112/24-12(21121 De ores 1. Mead, City Clerk DATE OF PUBLICATION October 21, 1977 CERTIFICATION STATE OF WASHINGTON) • ) ss. COUNTY OF KING I < 1�1_ _- �li/: 1 hereby. .�5�er i�fy tl-at J!(.'eLez° l'i> e k:/) copies of tie a ove notice were posh by me it meey'Pni!ore conspicuous places on the property described and two copies were posted at t e ton Municipal Building, 200 Mill Ave. South, Renton, WA on date of (� en C I.. , inect> 'S ATTEST: s ? A . e=- at' in an. tug the `-itat' of-.._ Wa>hina'.•.�n, resi"linj in Penton • • f./r', • • • — c N /...�. • � , �.♦ (Ira 7 y.., r{. ki, L.� •r .. ;' _ �, i . , 6. 'rc- •ice. �'�% .� .7 � _. ._ .... to J (F ..4r I.I''_,— `.T:7,:r .7. �y./•• ': - -"{"_-' `f-�• _ -.tea.. _ ,711.7 IL • �: v vfP" • dF -'*ile,"'.. .,i: ,,,,. s,•rrr;, .. - fI t. i r• 1 . /, f ' 7 v.,,-ir°.• r f K.- rig:' CITY OF RENTON . NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY .GIVEN that the Renton City Council has fixed the 21st day of November , 19 77 , at 8:00 p.m. in the Council Chambers of the Renton Municipal Building,. Renton, Washington, as the time and place for a public hearing to consider the following: • • COMPREHENSIVE PLAN, RENTON HILL PLANNING AREA (THAT AREA GENERALLY BOUND' BY FAT-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE ' AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH) SEE ATTACHED MAP • Any and all interested persons are invited to be present to voice approval , disapproval or opinions on same. CITY OF RENTON add.011,9i) Q iiizeut6 Delores A. Mead, City Clerk DATE OF PUBLICATION • October 21 , 1977 -i--s-i•eggi•-•*6tA1 A - -•--7;5 - V . . •• •• . ----46:7,,," . aa----,.. if•••b 11"li .• • . ..••••J•••••-- •....asa."..i•A '''. .... P. "..-••11. t,... r •4,-2.. - . •••:: ...c...iiit s t•...c ;;;e0 .• .; 00", 1•_,9.'..i•J..P,61 - • •••• 0 1 • -: .... . .- (i• * •••• ."- . .1-\,••• F.; 4-.-...-.E/,or .: ..,....,„ T. -... . - . ,"Ve..-.#4 t..4.-••;‘,` - •• ":...., \,, te. 4 . 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'6... • ' 1 I _ _ • • .. -. .., . • I ._, .. _ , t , . ._ . . ._ . - . ... ....... . -. ..._, cs. • __"•— ..- .....2.,....re— — \ , •-•• t ..•—•---IT:- ---...r- • ....--/WE ,& , ,. ,C.---• - I I! f 7{- .71- - - ''.• e•-• • •--;.1 ••'."4 .- . . . . ,. . _ / . . • • THE CITY OF RENTON f c.) j MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 en = �' CHARLES J. DELAURENTI , MAYOR • DELORES A. MEAD �,o Q CITY CLERK 4",cD SE PtOlg October 19, 1977 MEMORANDUM TO: Renton 'Planning Commission FRcM: Del Mead, City Clerk • • E: Comprehensive Land Use Planning • The Renton City Council , at its regular meeting of October .17, 1977, nas directed that the Planning Commission be notified of Co 'icil intent that the Commission is to consider only the Comprehensive Land Use Planning for the City of Renton, the matter of zoning under jurisdiction of the Hearing Examiner. INTER-OFFICE MEMO • 71 TO: Les Phillips , Public WCrKs Dept. DATE Jctober 19, 1977 FROM: Del Mead, City Clerk RE: Public Hearing - Comprehensive Plan, Renton Hill Planning Area Enclosed are 20 copies of the above-captioned Public Hearing notices. Please post in the area and return certification to this office. Thanks. NA l'% 14�'l _ THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE SO RENTON. WASH 98055 r' oak CHARLES J. DELAUREN' I , MAYOR • DELORES A. MEAD ,p CITY CLERK °4)440 SEPlt • REVIS I) MEMORANDUM TO: Renton Planning Commission FROM: Del Mead, City Clerk RE: Comprehensive Land Use Planning - Renton Hill The Renton City Council , at its regular meeting of October 17, 1977, has directed that the Planning Commission be advised of Council action as follows : MOVED BY PERRY, SECONDED BY SHINPOCH, PLANNING COMMISSION BE NOTIFIED THAT INTENT OF MOTION ON 6/6/77 WAS FOR THE PLANNING COMMISSION AT THIS TIME TO CONSIDER ONLY THE COMPREHENSIVE PLAN. CARRIED. City Attorney Shellan noted per ordinance, that the jurisdiction for rezoning is with the Land Use Hearing Examiner and the primary function with the Planning Commission is change in Comprehensive Plan and also recommendations on zoning changes areawide. )11• Renton City Council 10/17/77 Page 3 Consent Agenda - Continued Rezone and Letter from Hearing Examiner Beeler presented recommendation of Special Use 9/29/77 Malibu Grand Prix Corp. Rezone R-065-77 GS-1 to B-1 and , Permit Special Use Permit, application SP-067-77 for proposed midget car Malibu Grand Prix driving skill facility and amusement center on six acres located Corporation between FAI 405 and SW Grady Way, west of Cummins Diesel site. The. R-065-77 Examiner recommended approval of rezone and denial of Special Permit. SP-067-77 Letter of appeal included from Richard C. Denttof Norwich-Kaiser- Appeal Dentt, San Diego Calif., appeal re Special Use Permit, claiming error in judgement on the part of the Hearing Examiner. Refer to the Planning and Development Committee for recommendation. Crestview Manor Letter of appeal from Frances L. Creager, 2216 NE 12th St. , of. the Preliminary Plat Hearing Examiner's decision on the proposed Crestview Manor #1 Appeals located on Blaine Ave. NE between NE 14th St. and NE 12th St. opposed Examiner's decision for placement of walkway near Creager residence. Letter of appeal from 14 area property owners (first name - Wayne. N. Wicks, 1323 Dayton Ave. NE) opposed connection of Blaine Ave. NE and Dayton Ave. NE as recommended by the Hearing Examiner for Crestview Manor #1 Preliminary Plat application, referred to the Planning and Development Committee on 10/10/77. Refer to Planning and Development Committee the two appeal letters for inclusion with Crestview Manor #1 appeal and for recommendation. Harold W. Hill Letter from Hearing. Examiner Beeler recommended approval of the Rezone R-081-77 Harold W. Hill application for Rezone (R-081-77) G to MP for prop- erty located along the east side of West Valley Road south of Northwest Hobby and Toy Co. for the purpose of attaining compati- bility of a small portion of total site presently zoned MP and intended for development of an office/warehouse/manufacturing facility. Refer to Ways and Means Committee. LID 307 Letter from City Clerk Mead reported petition filed for street Street improvement (LID #307) Raymond Ave. SW from SW 17th St. southerly Improvement approximately 1,200 feet, petition having been certified valid Raymond Ave SW by the Public Works Department as representing 100% ownership of the front footage proposed for improvement. The letter submitted Public Hearing the preliminary assessment roll in total sum of $297,352.18 and 11/14/77 recommended referral to the Ways and Means Committee for resolution setting date of public hearing on 11/14/77. . Refer to Ways and Means Committee for resolution setting public hearing. Proclamation Proclamation of Mayor Delaurenti declared October 23 - 30, 1977 as Toastmistress Wk. Toastmistress Week in Renton. Comprehensive `'Letter from Planning Director Ericksen submitted Planning Commission Plan for recommendation concerning, the Comprehensive Plan of Renton Hill Renton Hill. Planning Area (Generally bound by. FAI-405 on the west, Cedar River Public Hearing . on the north, the hillside and undeveloped area on the east and the 11/21/77 powerline right-of-way on the south). The letter recommended Council set 11/21/77 as public hearing date to consider the recommendation. Council set public hearing as recommended. Hearing Examiner Letter from the Hearing Examiner presented comparison of Hearing Procedures Examiner procedures in other jurisdictions, making recommendation for .City's procedure. The Hearing Examiner's letter was presented to Council by Mayor Delaurenti's recommendation for referral to Planning and Development Committee. Council refer to Planning and Development Committee. Consent:Agenda MOVED BY PERRY, SECOND BRUCE, COUNCIL APPROVE THE CONSENT AGENDA AS Approval PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS 1 Appropriation Letter from Deputy Finance Director Bennett reported recent increase Garbage Service in garbage rates coupled with previous increases in dump fees make it necessary to increase the appropriation for garbage service by $172,000 and the appropriation for payments to the Tax Commission by $300. v, Ye : ier-. 4 .ei is . ts and pr operty oirne =s of pen .on -ii1l wish to express our opposition to the buiilding of any a lit`._ -n l cult :ie '.•;e11 `rvs at t :e .Apper end of Cedar Avenue South. 4e also oppose the zoning , planning or building of multiple •dwellings or industrial concerns in any other area of Renton Hill , or any adjacent area that might require access or right of way through our community. Cur basic reasoning for the above opposition is that we are concerned about increased traffic, congestion , park- In.,. problems, noise pollution , crime against personal property and • ny other difficulties that art se from sudden large pop- ulation increase.; within a liven conr.unity. .ie wish to make this oppositi^n known to any and all • /-';interested parties. 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I fl!' i,.t't '-1 U.-), .... .....4.‘„.../..L.L....7,. ,.„.(.. t. t( -. ii 1- Y .' 6 3 1--C) :5' ra-rAA-- - ,.-, (x-,rej -(," -c- Z. 307 ,4.,...,,d. ,•i .4 ,,,,, .- ,..p .fi->>.'.47ttt• • C‘ a gi 7) . (i 1„.._ :-Ckz, /1,2 _ S . rd. cz_ ; 6 , ---) ) .._Lt , :;i 0 c-ctelt-,J C , . • • (-.)fl: R4.- -.,.. , • ._, .. .,,. ' • ...,, . , • .. ' itic) 2,3 i.;I I 1) • 1 --0, - , . . ,&,.• -— ..,, . „ .. . • 1 DEv,.7.-- , . • , • , 1 November 21 . 1977 II I i To : The Honorable Charles Delaurenti, Mayor and , ; 1 , Members of the Renton City Council From: The Renton Hill Community Association Dear Mayor and City Council Members; I have prepared this information for your use this 1 . ti , , ' evening to serve as a guideline for our presentation ,to ; _ s ; I you. Included is a copy of my, opening statement and 'a ; ' ' ; 'I listing. of the concerns of the residents of RentoniHill. ' ' . This information' is not meant to; provide' conclusions but only ' ; � to share with you the many factors we have defined and taken ? , into consideration in deciding what our 'position should; be.' We concur completely in the Planning Commission' s, ; , ' recommendation and ask that you accept it in its, entirety. i They have spent many hours of study and debate on the problems ' of Renton Hill and have arrived at a solution we can live with. We are willing to provide any other information you , might require to help in your decision-making process. My ! , phone number is given below for your convenience. . ' , , i . Sincerely, . , , ;i . Te4A'.:".1 / „CuLtC,:! , L.. j , , , , , Kathy Keolker, President , Renton Hill Community Association 532 Cedar Avenue Soµth Renton, Washington' , 98055,' , i . i 255-0936 , , i ! j it I ji , 1 i ft.1 NIA.;: ' 1. November 18, 1977 P '► - -v PETITION: Protesting Rezoning Mill Avenue South, Renton, Washington TO: Mayor Charles Delaurenti Renton . City Council Planning Commission Members This petition is in protest of rezoning Mill Ague South, Renton, Washington, from R-3 Multi-Family Residence tb R-1 Single-Family Residence. • We have been zoned R-3 Multi-Family Residence since mid 1964 and wish to stay the same to protect the value of our property. NAME ADDRESS .2 )''' A--Ce_ 4-C•LtileA--- /(.4..ite_•et,7)i-ci/ 5-0 0 )q-C--e( ad" . -}Z hic/e,?) 4. i z.ti• , g,,,c.e•L '/�% .5 0 a (i ct, •,,;e / mac,, fit: t r .Th i 1 j 3 3 6 yo2ae, 6, 0_.-is. .ztht . . 2,2iir ../4( ..?-,) ,FA LAc--4..r7,2,L.,___71.e-iv (,y, 1-1--c-o/y1,0_47),y -C... .to ,),, -' /l G'`� -ye. 3 "Z-s-.7 • , ct_-L .. .5 "ri�Z' _`.�'' cc:!e.tvcyz Lk__ - . 7 di-c)--tirti-e_,Q_Iy;,, 2 :2 y f?)-t.t..t.t .A_c_...•,--Q s (,f),_,_."1-a-1,-. 0-":477 -`/-#6'4', .,,,ef:-.•:i Li.-, ,:„---., ,9;:-7-:-.,:..-.1;:;.---?--i2_„v,,e.._j, c_... .,..11.. N.„ cti . 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TITI.,3: krotesting :iezonim :lin :Arenue :'outhjo Renton, ,ashiagton TO: 14:17or c:hnrlcs Do-Laurent' Renton City ,ouneil Ur.inaing .;omainsion :x., bel.s . '1..tiis potition is in protest of rozonint '4111 hveuue ;.;outh, aenton, l'iashi...:otons from '.,--3 Itilt1.-.ParfCl's Residen-,:u to -1 SIN:lc-Family Aesideneo, lie Lave, beon zone', 2%.-3 ,iiulti-FT.Illy nerli,r6noe sinoc mid rgA.; rnd wish LO sts:itilc- 5,1aMe to IDVOitCt tile Vralle Of our _propoxty,, • ; A . A''., 9....7,7 • • --__ 72 , _,,--^ • " . ( • /2/7 71(7: , . ) zi_ „ bta.e, .5A ? 7/2..-// ek . . . • , . _ , :1 , • 5 P,1 • -171a A vc_ - gi.5 igi;t,U1,e • . / . .. - • ./6).,_L4--t-4., ' • (7<-•k%`• ILL-<---e--/ ,"-.-/ IL3Ac-tc-‘-t)-7-1.c_. - S'c') _7 -.72) • ( ..(,) ) l_77- (9L) -.-) i4. Liz /,, _.(4.:rte.)1(__.) 6-- c c.) ).. ) 2 c- -- - ,._ .13-(4-----c-1 ).-Y-1.c.e.,12,-3 J L, , ,k1,, L1 I i D '''-z. " • /\ • 1,1 t't ki L - 1/4- )2z.t..4.c„.<1_11 .,(f-4-1 0C-2-7-tte-- 2 ...p, 2 , , , , , , 1 ,ef, 4 , 6,--)-1 , ,.,---7, , 1 • i, ,, z/e q / /Z c a .j.-,: -k), - - ' • k e "- . . , • . • • . ,• , • • • . . • . . . • . . , 115 OF R 4.tgO . 7: THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE SO.. RENTON,WASH. 98055 o ° CHARLES J. DELAURENTI , MAYOR • • DELORES A. MEAD �.o Q • CITY CLERK . O 4Tfv sEP1�° October 27, 1977 • Gouge, McBeth and Faull 505-B South Third Street • Renton, Washington 98055 Attention: Mr. Robert E. McBeth Dear Mr. McBeth: The Renton City Council at its regular meeting of October 24, 1977 • referred your letter of October 13, 1977 re Renton Hill - Rezone Request with Legal Memorandum to the Planning and Development Committee until the time of the public hearing on this matter, November 21 , 1977. Mr. George Perry is Chairman of the Planning and Development Commmittee and can be contacted by phone 235-2583. If you have further questions please contact this office. Yours very truly, • CITY OF RENTON • • Delores A. Mead, City Clerk , J°1 r / g''164...,, 'ty i n T- / . /' Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. ":B r+: e x c, F :"8 rb t3>.1.`h being first duly sworn on oath,deposes and says that.w.�:..isthe• Chie Clerk of Crt .0 A 1 THE RENTON RECORD-CHRONICLE, a newspaper published four(4) i,:: ., -' , ' ?;�.' -,, times a week.That said newspaper is a legal newspaper and it is now and ''r-;'`Pile - has been for more than six months prior to the date of publication referred1'. .::,' �, ;.i" c'4 :.>.;1. to, printed and published in the English language continually as,a news- _ • a paperpublished four(4)times a week in Kent,KingCount Washington, ITT IC ' P P Y, g NOTIE�J;IS :Ht: ;, and it is now and during all of said time was printed in an office maintained dIVEM•.ttet; i4;iKASti►: at the aforesaid place of publication of said newspaper. That the Renton ha8.. r '�ttit, Record-Chronicle has been approved as a legal newspaper by order of the ' Superior Court of the County in which it is published,to-wit,King County, 'ClA �Oun .. • hin nt~nt':of:•t .. + Washington.That the annexed is a c' c Q f ab l i e MunlcEpat.. il9t waitilt :+a�+rt+ .;,e:w.ri.n: cott"ic 'tti:,t -: :�,,cOMP .E lEttptVE • 'PLAN:'i Hftl, as it was published in regular issues(and PLANNING 'AREA- not in supplement form of said newspaper) once each issue for a period (THAT AREA GENER- ALLY BOUND BY,FAI- '405 ON THE WEST, R of 1 • consecutive issues,commencing on the NER ON THE NOORR TH,T THHE HILLSIDE . . AND UNDEVELOOE0 t�.] day of ?etobey �7 19.I l and ending the -AREA' ON THt:EAST.,. •AND.THt PoWERt(14E :N1Cis�$�.i,(R�.-�wAA qN• J,THE SOU,*r+•' M,:. �:. day of 19 both dates t M Olt.'inclusive, and that such newspaper was regularly distributed to its sub- sopt"ari iRvltidlo*'Ixe- scribers during all of said period. That the full amount of the fee itiallt tr vMa+'pproriO,dis ;approvali[ me . or op1i of ...on . . charged for the foregoing publication is the sum of Sl.��.s.%:7•l which + • . CITY OF RENTON has been.pa id in full at the rate of per folio of one hundred words for the Delo►t A.Nload first insertion and per folio of one hundred words for each subsequent ti • ' , ,. ?<' ?fc, insertion. ' .r.• ,...1. 1.<r .17- .1,.i ? 1, ya ,f°`' ,; N'.,,. Chief L1Qrh . • Subscribed and sworn to before me this 2.1 day of .-.L._.. .; � /ce,r.i t..JJ . Notary Publicin and for the State of Wash' gton, residing at Kent. King County. -- Passed by the Legislature,1955,known as Senate Bill 281,effective June' 9th, 1955. -- Western Union Telegraph Co. rules for counting words and figures, • adopted by the newspapers of the State. • Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. • - r• °r being first duly sworn on • oath,deposes and says that c'h C is the C hi e` 1r .':'�t of THE RENTON RECORD-CHRONICLE, a newspaper published four(4) times a week. That said newspaper is a legal newspaper and it is now and ' • mite. has been for more than six months prior to the date of publication referred • E Gtiott�Glt: to, printed and published in the English language continually as a news- N01.1 "1. .'HEFiE$Y. paper published four(4) times a week in Kent,King County,Washington, ';<ltvEN that.•.. atMtsn•0atY and it is now and during all of said time was printed in an office maintained CQud1:hilsyA�ud i !� at the aforesaid place of publication of said newspaper. That the Renton dig of November, vi:of Record-Chronicle has been approved as a legal newspaper by order of the 8:00 p.m: la the-Council • Superior Court of the County in which it is published,to-wit,King County, 'Chaml.ts of ,the ,Renton Munk iaf.siOIOnl Rinpn.. • That the annexed is a C ` WislUtgtt7n'aatha Washington. e C f itiiand plan.for.is public 1,0090.m oonE(der.th�.bolls r COMPREHENSVE I PLAN, RENTON HILL PLANNING AREA as it was published in regular issues(and (THAT AREA GENER- ALLYnot in supplement form of said newspaper) once each issue for a period BOUND BY FAI 405 ON THE WEST,. ' CEDAR RIVER ON THE NORTH,THE HILLSIDE of 1 consecutive issues,commencing on the AND UNDEVELOPED • • AREA ON THE.,EAST," • AND THE POWERLINE dayofe t C'L C r 19 •7 and ending the .RIGHT-OF=.WAY,•.;QN," • AnyaTid psr day of. 19 both dates • sems_ark sd to bl qe. sant tdiiofca appionrat;•dis-' inclusive, and that such newspaper was regularly distributed to its sub- approval or: opinions 'on scribers during all of said period. That the full amount of the fee same. • CITY OF RENTON ores A.Mead charged for the foregoing publication is the sum of $ • •' ? which Da has been paid in full at the rate of per folio of one hundred words for the • •., first insertion and per folio of one hundred words for each subsequent insertion. • . . • l.�J ( lcrk Subscribed and sworn to before me this 21 day of •'f.'.t.:"`•...T.... . .... 19.7.7.. • Notary Public, find tc'ir the State of Washin on, residing at Kent, King C nty.. --- Passed by the Legislature,1955,known as Senate Hill 2R1,effective June • 9th, 1955. --- Western Union relegraph Co. rules for counting words and figures, adopted by the newspapers of the State V P C Pnrm Nn a7 • August 14, 1978 The subject before the, Renton City Council at this time is .the Hearing Examiner's decision of July 12, 1978 (File No. R-178-78) regard- ing the application filed by the City of Renton for rezone of property from R-3 District, Medium Density Multi-family to R-1 Single Family District. The Hearing Examiner recommended approval with conditions for the 12. 1 acres located on the West side of Renton Hill , south of South 7th Street, east of FAI-405 and north of the Puget Power transmission line easement and east' of the subdivided property of Renton Hill . Appeal has been filed by Transamerica Development Company by their attorneys Shidler, McBroom, Gates and Baldwin. • The Hearing Examiner's decision and the appeal were reviewed, by the ' ouncil ' s Planning and Development Committee on August 9, 1978 and a recommendation prepared: . . ANA OF Rhi ;, ti ih • . THE RENTQN CITY COUNCIL . • A. NIL . Q MUNICIPAL PUIIDI$G . 200 KILL AV M02'SOUfl • UIIT M. W MHINOTOM lwss• 235-2546 0 amp 'D br 4TE0 SEP MEMORANDUM • • • TO: All Interested Parties • ; DATE' July 28, 1978 FROM: George;Perry,, Chairman • • Council Planning'and 'Development_CCommittee • SUBJECT: Renton Hill Appeal • The Planning and Development Committee of the Renton City Council will meet on Wednesday, August 9, in the Council Chambers at 7:30 p.m. for the purpose of reviewing_ the appeal of the Hearing Examiner's decision on the Renton Hill rezone matter. • You are invited to attend this meeting; however, it is not a public hearing. The meeting is specifically to allow the Planning and • Development Committee the opportunity to review the Hearing'Examiner's decision and the appeal. The Committee ,will then prepare its recommendation to be presented to the City Council at its regularly scheduled meeting of August 14. . . GPihh • • AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King • Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: • That on the 21st day of July , 1978 , affiant deposited in the mails of the United States a sealed envelope Notice of Appeal • containing ItudizeiNitheRXMcx1MIPAMMEAM4lafk with postage prepaid, addressed to 'the 'parties of record in the •below-entitled • application or petition. • . • : ( Subscribed and sworn this A 1 - day of Jvk • 19 '16 . • • •• ' Nota yP.ublic in an for the state • of Washington, residing at Renton `, • Application , Petition or Case : R-178-78; City of Renton �¢ (The moulta cu►tta,i.n a Cut o6 the p0nJ).ee o hec.ohd) ' li • OF R ,�, � "C7 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 CHARLES J. DELAURENTI , MAYOR • DELORES A. MEAD p-o CITY CLERK 047' SEPtO�O� July 20, 1978 . APPEAL' FILED 'James R. . Irwin David H . B i n ney'-;' Shidler , McBroom, Gates & Baldwin 1000 ' Norton Building Seattle , Washington 98104 223-4666 Attorneys for Transamerica Development Company Re : Appeal of Land Use Examiner' s Decision dated 7-12-78 , Transamerica Development Company , •: R-178-78 ,. from R-3 to R-1 '. To Parties of Record : Appeal of Land Use Hearing Examiner ' s decision has been filed with the City Clerk ' s Office on July 20 , 1978 , along with the proper fee of $25. 00, pursuant to Title 4 , Ch. 30, • CityCode , as amended . The City Code requires the appeal must be set. forth in writing . The written appeal and all other pertinent documents will be reviewed by.. the Council ' s Plaaning & Development . Committee. Please contact the Council Secret'ar.y ,'' 235- 258b,,,,,,,,for dato,., and time of the committee meeting if so desired`. NOTICE IS HEREBY GIVEN that the above-referenced appeal will be considered by. the . Renton City Council at ' it's. regular meeting of August' 14 , 1978 at 8 :00 'p .m. in the Council . C.hambers , . 2n.d Floor , Municipal Building , 200 Mill Ave. S.., Renton. , Yours very truly, CITY OF RENTON. /uremia 711-€406 Delores A. Mead , C .M.. C. City Clerk DAM : fd cc : Parties of Record s: ... r f r t is i " - -.. • • • { lr }} : ' .a...y...Aerf11.- a+ldLw.PL.r�t•W.4 L.b....s wy".. . r«w.rr. { t' A; ` � ' i n RENT ON NO•. "� =t . : 4"�� a Y. CITY OF Q • FINANCE DEPARTMENT `� . L, Fyn�i {r1� 1 a( �`' � :.I '" /RENTON, WASNINGTON 98055 ;:te..e.* 6 RECEIVED OF .�t,'1,dJ,/,I, 7i' /ear c ./ _� -,j` 1 .y. �'`� k, �' � : > • I p� f/�. x. '-ram fr ��?�' �t1 /f ^ ') '- � st • 1Exit ' r �. fjet '.•t '�r• ' • 1t..:•. V7. — s l a r X w ,r G • . r•x'. Fq • I : '1 . ' ' TOTAL ;:^��?:a '"; "•. _•. `r -re f?'' ; ! GWEN E. MARSHALL, FINANCE DIRECTOR "� '' e 1 BY• Y•. � ��_� �� r� .`'•... ... '' /ter.t ,:` I. j =t, 1'' ( h` t 3 r, 1 James R. Irwin ,, i11 T,Y of wol'ION David H. Binney - TLrg'(• "o Off10E,.`? 2 Shidler, McBroom, Gates & Baldwin '•, , . 1000 Norton Building qT!1. ' 3 Seattle, Washington 98104 223-4666 . 4 Attorneys for Transamerica Development Company 5 6 7 8 IN PROCEEDINGS BEFORE L. RICK. BEELER, HEARING EXAMINER 9 In Re ) 10 CITY OF RENTON REZONE ) File No. R-178-78 APPLICATION ) 11 ) NOTICE OF APPEAL OF EXAMINER'S DECISION TO 12 ) CITY COUNCIL 13 ) 14 Transamerica Development Company, pursuant to Section 4-3016 15 of the City of Renton Land Use Hearing Examiner Ordinance, appeals 16 to and seeks review by the City Council of the decision of the 17 Hearing Examiner, and the Findings, Conclusion and Recommendations 18 made in support of the decision, entered herein on July 12, 1978. 19 The specific errors relied on are: 20 1. The city, as the proponent of the rezone, did not 21 sustain its burden of proof to show that conditions have sub- 22 stantially changed since the original zoning of the subject 23 property, and that the rezone was required in the public interest 24 as a result of such change. • 25 2. The city did not sustain its burden of proof to show 26 that the proposed rezone bore a substantial relationship to the ' 27 public health, safety, morals or welfare. 28 3. The decision of the Hearing Examiner to downzone the 29 subject property constitutes an unconstitutional taking of 30 Transamerica's property without just compensation. The expert 31 testimony given by Frank Raney, an MAI Appraiser, that the down- 32 zoning would result in a $236,250.00 reduction of the fair market 1 AW OI1 ICES OI NOTICE OF APPEAL - 1 SHIDLER,McBROOM,GATES&BALDWIN 1000 NORTON null.DING SEATTLE,WASHINGTON 98104 223.4668 rlb I value of Transamerica's property was unrebutted. The greater 2 portion of the value of Transamerica's property is destroyed by 3 the rezone. 4 4. The decision to rezone the property constitutes arbitrary 5 and inverse spot zoning. 6 5. The decision is arbitrary and capricious and contrary to 7 law. 8 6. The decision is unsupported by credible evidence. 9 7. The examiner erred in considering the tentative P.U.D. 10 (Ex. #34) and application for P.U.D. (Ex. #45) in the face of 11 testimony that the property subject to the P.U.D. had not been 12 sold to the party who submitted it, and he had no ownership 13 interest in the property. 14 8. The examiner's conclusions that everyone was in agreement 15 that (1) "inconvenience would occur to motorists using the streets 16 on Renton Hill due to traffic produced by R-3 development" and 17 that (2) "a P.U.D. was appropriate for the site", were not based 18 on credible evidence and therefore arbitrary and capricious 19 (Conclusion #3) . . 20 9. The examiner's conclusion that R-1 zoning would permit a 21 reasonable return on the original investment and reasonable use 22 of the property was unsupported by any credible evidence and was 23 clearly erroneous (Conclusion #5) . There was no evidence (1) 24 that the cost of development would be only $12,000/acre, or (2). 25 that single family lots in the subject property (which is closer 26 to the freeway and steeper in slope than the rest of the neighbor- 27 hood) would sell for $20,000.00, and there was no evidence given 28 that justified this conclusion. 29 10. The examiner's finding that the benefits to the public 30 health, safety and welfare outweighed the burden on the property 31 owner was not supported by substantial or credible evidence 32, (Conclusion #10) . Evidence submitted by the City of Renton was to LAW OFI IC IS CI NOTICE OF APPEAL - 2 SHIDLER.McBROOM,GATES S BALDWIN 11100 NORTON BUILDING SEATTLE.WASHINGTON 98104 223-4B0G "rl 1 the effect that increased traffic from R-3 development at more 2 than 7 units per acre could be absorbed with some inconvenience 3 to motorists. A finding that such inconvenience outweighs the 4 burden on the property owner imposed by the downzone is clearly 5 erroneous. 6. 11. The examiner's finding that the application for rezone 7 was not arbitrarily and capriciously filed for reasons of disbenefil 8 to the subject properties, is not supported by credible evidence 9 and is clearly erroneous. The evidence was that property on Mill 10 Avenue South, which was not distinguished from the subject 11 property, retained its R-3 zoning. Furthermore, no evidence was • 12 submitted regarding the nature of the other properties about 13 which a rezone would be initiated. 14 12. The examiner erred in considering or giving weight to 15 the Renton City Council's December 5, 1977 amendment to the 16 Comprehensive Plan, said amendment and resulting plan being 17 invalid due to (1) inadequate notice of public hearings, (2) 18 failure to comply with the State Environmental Policy Act of 19 1971, (3) interfering with Transamerica's contractual rights 20 and/or expectancies, (4) encouraging the taking of Transamerica's 21 land without fair compensation, (5) acting in an arbitrary, 22 capricious and discriminatory way toward Transamerica's property, 23 and (6) acting in violation of the appearance of fairness doctrine. 24 The time and date when the council will consider the appeal 25 is: n1IT\ ,) I I \,,.„ r'\) !t 1 ) 1"` C � t , .ir. `% • 26 li•.., , r . 1 rl 27. DATED this ..264A^ day of July, 1978. 28 • SIIIDLER, McBROOM, GATES & BALDWIN 29 By O,r , `1. 30 mes R. Irwin, Attorney 'Tor Transamerica Development 31 Company 32 LA01 NOTICE OF APPEAL - 3 BR OOO MC BRIDLE R.Mc9R .GES ATES&BALDWIN 1000 NOIDON BUILDING SEATTLE,WASHINGTON 98104 223.4666 1 AFFIDAVIT OF MAILING 2 This is to certify that copies of the Notice of Appeal were 3 mailed to Lawrence J. Warren, City Attorney, and to Robert E. 4 McBeth, attorney for the Renton Hill Community Association, and 5 to the following parties on the mailing list: 6. Kathy Keolker, 532 Cedar Avenue S. , Renton, WA 98055 Ruth Bradley, 709 High Avenue S., Renton, WA 98055 • 7 Peggy Jernigan, 412 Mill Avenue S. , Renton, WA 98055 Ruth Larson, 714 High Avenue S. , Renton, WA 98055 8 Amelia Telban, 508 Cedar Avenue S. , Renton, WA 98055, Jim Breda, 1002 Grant Avenue S., Renton, WA 98055 9 Robert McBeth, 1906 Rolling Hills Ave. S.E., Renton, WA 98055 Dennis Stremick, 2532 Smithers Avenue S., Renton, WA 98055 10 Jim Irwin, 1000 Norton Building, Seattle, WA 98104 Ahmed Jaddi, Consulting Engineers, Milligan, Anderson, 11 Jaddi, Building C-10, Fisherman's Terminal, Seattle, • WA 98119 12 Frank Raney, 16625 Redmond Way, Suite 206, Redmond, WA 98052 Bill Montagne, Transamerica Development Corp. , 600 13 Montgomery Street, San Francisco, CA 94111 John Albertson, 155 N. 35th, Seattle, WA 98103 14 Mrs. Ray Hansen, 336 Mill Avenue S. , Renton, WA 98055 Mary Lou Gustine, 910 High Avenue S. , Renton, WA 98055 15 John Giuliani, 1400 S. 7th, Renton, WA 98055 Dennis L. Linch, 320 Mill Avenue S. , Renton, WA .98055 16 Jerry Glenn Dunnihoo, 434 Mill Ave. S. , Renton, WA 98055 Mr. & Mrs. F. G. (Mike) McCutcheon, 918 Renton Ave. S. , 17 Renton, WA 98055 Eric Pryne, Seattle Times South Bureau, 320 Andover Park E. , 18 Tukwila, WA 98188 _ Nancy Sparrow, 316 Renton Ave. So. , Renton, WA 98055 19 Joe McCaslin, 17637 S.E. 123rd Place, Renton, WA 98055 20 Renton Record-Chronicle, P.O. Box 1076, Renton, WA 98055 Joan Walker, 1433 Monterey Ave. N.E., Renton, WA 98055 21 and to: 22 Mayor Charles J. Delaurenti Councilman Richard M. Stredicke 23 Councilwoman Patricia Seymour-Thorpe Warren C. Gonnason, Public Works Director 24 Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division 25 Lawrence J. Warren, City Attorney 26 27 ,7UBSCRIBED AND SWORN to before me this day of • 28 , 1978. 29 '. 30 Notary Public in and for the State of �1asfhington, re4iy'�}1ng 31 at rj 32' D18/2 JRI:cz 7/20/78 LAW OFFICLS OF SHIDLER,McBROOM.GATES&BALDWIN 1000 NOOION BUILDING NOTICE OF APPEAL - 4 SEATTLE,WASHINGTON 98104 223-4666 • Renton City Council 7/10/78 Page 2 Correspondence and Current Business - Cont. Proclamation by Mayor's proclamation was read declaring July 12 through 23, 1978 Mayor as Renton Arts and Crafts Days. MOVED BY STREDICKE, SECOND THORPE TO CONCUR WITH PROCLAMATION. CARRIED. • Mayor's Trip to• . Noted by Mayor and Councilman Perry,for the record,that the Mayor's Sister City in trip to Japan and all gifts presented were not paid for with city Japan funds. The Mayor enjoyed his trip; all gifts were well received, and especially impressive were pedestrian overpasses, to be suggested to our highway department; pictures displayed. Councilwoman Thorpe suggested that sister city gifts be displayed in a conspicuous place during the creative arts festival, so that the public may more readily view them. AUDIENCE COMMENT SR515 - So. Dennis Stremick, President,Victoria Park Homeowners' Association, 27th Street recalled SR 515 hearing wherein a poll to be taken of residents for closure of So 27th St. and reported 94% favored closure of that access. Transportation Committee Chairwoman Shinpoch, acknowledged receipt of copy of letter - the subject under discussion with State Highway Department. World Government Dick Kaynor, Harry Pavelka, 972 Industry Drive, Tukwila, WA,on for the Age of behalf of the World Government for the Age of Enlightenment,noted Enlightenment engagement in a campaign nationwide to try to create a model of an ideal society. In discussion by council members it was determined that they would be allowed five minutes presentation, but due to nature of the subject matter they were requested to otherwise contact council members individually. • OLD BUSINESS Comprehensive MOVED BY .THORPE, SECOND SHINPOCH, THAT THE COMPREHENSIVE PLAN Plan Review RELATING TO THE AREA NORTH OF THE CEDAR RIVER, TO BOEING PLANT AND RAINIER AVE. TO THE FREEWAY BE REVIEWED BY THE PLANNING --- COMMISSION IN VIEW OF THE EXTENSIVE CHANGES RESULTING FROM THE • BLOCK GRANT PROGRAMS AND CORE AREA RENOVATION. CARRIED. Councilman Shane suggested that no changes, be made as property owners can not determine the value of their property, make plans, etc. if the council keeps changing the comprehensive plan. riv Benton Hill Councilman Perry submitted letter for reading from City Attorney Rezon - Warren to Hearing Examiner Beeler, that in in his opinion, if in Extension of fact it is impossible for the Hearing Examiner to render an opinion Time on the Renton Hill Rezone within the required time and if there is no unreasonable or prejudicial delay then the additional time is permissable being consistent with state law. MOVED BY PERRY, SECOND THORPE, TO CONCUR IN THE RECOMMENDATION BY CITY ATTORNEY. CARRIED. Following discussion it was, MOVED BY PERRY, SECOND THORPE THAT THE HEARING EXAMINER ORDINANCE BE REFERRED TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR THE PURPOSE OF REVIEW AS CONCERNS TIME EXTENSION FOR EXAMINER'S WRITTEN RECOMMENDATION TO APPELLANT AND COUNCIL,UNDER • EXTENUATING CIRCUMSTANCES;AND FOR SETTING TIME LIMITS FOR COMPLIANCE TO ITEMS REQUIRING PERFORMANCE BONDS. CARRIED. Automatic Response Public Safety Committee recommended that the Mayor and City Clerk with Kent and be authorized to sign the Automatic Response Agreements with Kent Tukwila Fire and Tukwila Fire Districts 20 & 25. MOVED BY TRIMM, SECOND SHINPOCH District 20 & 25 TO CONCUR WITH COMMITTEE RECOMMENDATION. CARRIED. Voucher The Ways and Means Committee Chairman reported Committee recommenda- Approval tion for council approval of vouchers nos. 18830 thru no. 18975 (machine voids no. 18825 - no. 18829) in the total amount of $282,518.04 as previously approved by.department certification as to receipt of goods or services. Also includes LID 302 Warrants: Revenue #R-19 $318.75, Cash C-37 $300.00, Cash C-38 $18.75.. MOVED BY STREDICKE, SECOND CLYMER TO CONCUR IN VOUCHER APPROVAL RECOMMENDATIONS., CARRIED. dim - - 1� ��o�, (Z O F r R�A y` 4► r O CJ C./ OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON 0 � ff O! POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 CO' p Q� LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 4)44. O SE PI . JULY 5 , 1978 MEMORANDUM TO : Rick Beeler, Hearing Examiner FROM: Lawrence. J.Warren, City Attorney Re : Renton Hill Rezone Dear Rick: I. have been asked to correspond with you concerning your stated inability to render an opinion on the Renton Hill Rezone within the time given to you by City Ordinance. It is my opinion that if it is in fact impossible for you to render that opinion within the required time, and , if there is no showing that the delay was unreasonable or prejudicial to any party, then you may have the additional time . I might note that this opinion is consistent with State case law. The Supreme Court of this State recently set down such a ruling in the case of In Re Donohoe , 90 Wn (2d) , 173 (June 1978) . In that case the State said : "The delay was not unreasonable in view of the necessity of obtaining, and reviewing 3 days of testimony , plus the exhibits . That fact , coupled with no claim or showing of prejudice , justifies denial of a dismissal . ". In that particular case a hearing board of the State Bar Association was to be able to render an opinion within 20 days as required by Court rules . I. find that situation analogous to yours and find that the delay is appropriate . Lawrence J. WArren LJW:nd cc : Mayor • Council Members Del Mead RENTON CITY COUNCIL Regular Meeting • June 26, 1978 Council Chambers Monday, 8:00 P.M. Municipal Building • M I N U T E S CALL TO ORDER CoUn:il President Earl Clymer, Mayor Pro tem, led the Pledge of Allegiance to the Flag and called the meeting of the Renton'City • Council to order. • ROLL CALL OF EARL. 'CLff1ER, Council President, GEORGE J. PERRY, RICHARD M. COUNCIL STREDICKE, BARBARA Y. SHINPOCH, CHARLES, F. SHANE, and THOMAS W. TRIMM. MOVED BY SHANE, SECONDED 'BY PERRY, TO ;XCUSE ABSENT • COUNCILWOMAN SEYMOUR-THORPE. CARRIED. • CITY OFFICIALS D.W. CUSTER, Mayor's Administrative Assistant; GWEN MARSHALL, IN ATTENDANCE Finance Director; DEL MUD, City Clerk; JOHN BUFF, Police Dept. Rep. • PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL MOVED BY SHINPOCH, SECOND SHANE, COUNCIL APPROVE MINUTES OF ' JUNE 19, 1978 AS PREPARED AND MAILED. CARRIED. AUDIENCE COMMENT Drainage on Ernest Lobe, 2709 Taltot, Road S. , questioned content of Talbot Road South newspaper article. Inquired as to city action to alleviate Talbot Road drainage problem, discussed last week. Dick Houghton. utility supervi,.or, reported inspection of the drainage pipe and advised of twu possible modes of correction. 1) Bypass ditch parallel. with existing pipe or 2) require. . developer to install curb, gutter, and storm drains, which had been waived on short Hat by a covenant to put in L.I.U. when reouested by the city, problem would have beers alleviated had the improvements been installed by the developer. MOVED BY STREDICKE, SECOND SHANE THE ADMINISTRATION MOVE IN LEGAL ALTION TO HAVE INSTALLATION OF THL IMPROVEMENTS AS ORIGINALLY SET FIRTH IN HEARING ' XAMlNER FINDINGS. CARRIED. • vc BUSINESS • Councilman Perry recalled the Renton Hill rezone matter presently 'Rezone Decision before the hearino examiner and inquired regarding hearing examiner's ' request for additional time to complete his findings and render a ;xa_ rI final decision. After some discussion concerning proper and legal action to he taken by the council, it was MOVED BY PERRY, SECOND SIINPOCH, THAT THE CIT:+ ATTORNEY REVIEW TNF ORPINANCF AND IF HE IS OF.THE OPINION NO T1+1E EXTENSION MAC BE GRANTED BY COUNCIL. HE ADVISES THE. HEARING EXAMINLR HE HAS 14 DAYS AFTER HL.LLOSES THE HEARING TO MAKE HIS DECISION. MOTION CARRIED. Counci loran Stredicke inquired for the record if all parties involved had agreed to waive the 14 days requirement - Puget Western apparently .not represented. 'See later discussion of that matter under c rrespondehce. l Meetiri'y of the Councilman Perry advised the Health Care Resolution had been Association of presented at Association of Washington Cities meeting in Yakima. Washington Cities- As no one was there to represent the City of Renton, Representative Health Care Avery Garrett sooke for the city. .Conmunication•from Rep. Garrett • Resolution states he is ready to present Resolution at the next session of the Legislature, Senator Shinpoch is ready to go before the house in regards to• the health care funding. Councilwoman Shinpoch suggested a letter be written to thank Rep. Garrett for speaking on our • behalf and thanked Councilman Perry for his assistance, as. it could save a great deal of money. The Chair requested a letter to he written by gun Custer. AWC policy state'ient was distributed. CITY • • OF : RENTON123 ' LAND USE HEARING EXAMINER ' tarn C' _.' PUBLIC HEARING • JUNE 13, 1978 • •AGENDA COMMENCING. AT 9:00 A.M, COUNCIL CHAMBERS, SECOND FLOOR, RENTON MUNICIPAL BUILDING R- 178-78 CITY OF RENTON Application for rezone from R-3 District , Medium Density Multi -family , to R- 1 , Single Family District , property located on the west side of Renton Hill and situ- ated south of South 7th Street , east of FAI -405 , north of . the Puget , Sound and Light Transmission Line Easement , and east of the subdivided property . F �r PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING JUNE 13, 1978 APPLICANT: CITY OF RENTON • FILE NUMBER: R-178-78, REZONE A. SUMMARY: Applicant initiated a reione from R-3 District, Medium Density Multi-Family to • R-1, Single Family District. B. GENERAL INFORMATION: 1. Owner -of Record: Transamerica Development Company Puget Western, Inc. • Mary Tyrrel 2. Applicant: City of Renton 3. Location: Property is on the west side of Renton Hill south of South 7th Street; east of FAI-405; north of the Puget Sound Power and Light Company transmission line easement and east of the subdivided property. See Exhibits B-1, B-2 (not included in this report), B-3 (not included in this report), and B-4 (not included in this report). 4. Legal Description: Detailed legal descriptions are available on file in the Renton Planning Department. 5. Size of Properties: The parcels total ± 12.1 acres. 6. ,Access: Primarily via Cedar Avenue South with less access available on Renton Avenue South, Grant Avenue South, High Avenue South, and Jones Avenue South. • 7. Existing Zoning: R-3, Medium Density Multi-Family Residential DistriLL. 8. Existing Zoning in Area: R-1 , Single Family Residential District and R-3, Medium Density Multi-Family Residential District 9. Comprehensive Land Use Plan: Single Family. 10. Notifi'cation: The property owners were notified in writing of the hearing date. Notice was properly published in the Record Chronicle and posted in three places on or near the site as required by City Ordinance. C. PURPOSE OF REQUEST: the rei..one was initiated to review the existing zoning in relation with the Comprehensive Plan. EXH/B/r 8—/ . il ' .5- . iP:,--j:— `"'" ), N, .-.—. Prz 7 K—1 irt 11 7 ‘,: r\ ,._____.:-.:2' . • ,--,,,,,--Li_ _._- __ R 2 R-3 • j�; j 1�.. �� / • `\` ` . .. , .. , • • it Ail , #y 4. .; -� _ , \ 1 .2 .1„J. I-J.,. - . ; i of � , ram= • !of --7— A� 3`R-- la.i ::,.'•.,filil -f�rt_ .\_ .' '� t - fit) , f . ,,,,,,„,, .• . ___... , ; �. id/ • f I�t ..; i w . l wg i.f V S { .-.. • / ..: t,0 - R=4 . : ''', ..-.. .2i.-4-1.‘k ---- - REZONE: ' CITY OF RENTON; File No. R- 176-76, APPLICATION FOR REZONE FROM R_3TO R' - 1 ; prbperty located on the West -side of Renton }lilt and_situated_ south of South 7th 'Street, east of FAI-405, north of the Puget Sound and Light Transmission Line Easement, and east of the subdivided property. APPLICANT CITY OF RENTON TOTAL AREA 12. 14 acres PRINCIPAL ACCESS Cedar, Renton, and Grant Avenues South . .Ex! Si It)i; ZONING R-3. . • LxIST'ING USE Vacant ' PRr)P05EU USE Residential COMPREHENSIVE LAND USE PLAN Single Family Residential COMMENTS This is the first phase of an area-wide rezone initiated • ..by the City of Renton. Three ownerships are involved in . this phase. . qN PLANNING DEPARTMENT - PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78 JUNE 13, 1978 PAGE TWO D. HISTORY/BACKGROUND: The subject site was annexed by Ordinance Number 1547 in May, 1956. E: PHYSICAL BACKGROUND: 1. Geology - See Exhibit E-1 Ground Moraine Characterisitc Artificial Fill Renton Formation Deposits Special Feature - - - Partly cemented, Intimately graded but contains mixture of clay to uncemented beds. gravel sizes. Drainage Highly variable. Runoff excellent. Runoff variable. Foundation Stability Highly variable. Excellent, but Excellent. subject to limitations of slope. Slope. Stability Higly variable. Stands for long Stands in steep periods in steep natural and cutslopes natural and for long periods. articifial cuts. Dip of beds may affect slope stability. Seismic Stability Very poor. Good. Good. Information Source: Geologic Map of the Renton Quadrangle, King County, Washington by D.R. Mullineaux (Map GQ-405). Renton Hill is underlain with coal deposits, much of which have been mined out. The remaining deposits are considered marginal quality and are usually in thin, twisted beds at great depths. It is not economically feasible to mine this coal at the present time due to a variety of reasons. Although it is possible that the coal could be mined someday as energy demands increase, technology, economic feasibility, and political realities would have to be taken into consideration. There are approximately 50 million tons of reserve coal in the Renton Coal Field, of which Renton Hill is a portion. The mined-out coal beds are under most of the area except in the south western corner (contiguous to FAI-405). These mined-out coal beds are approximately 150 feet below the surface of Renton Hill. The south western corner is probably underlain by unmined coal. (Source: Map showing nonmetallic mineral resources in part of West-Central King County Washington by William Rice; Map I-852-D.) See Exhibit E-2 for illustration of coal beds. A few years ago there was subsistance of a street in front of 611 Renton Avenue South undoubtedly due to the collapse of an abandonded coal mine shaft. Several truck loads of material over a period of time was required to fill the shaft. The rate of subsistance has declined substantially and periodic resurfacing of the street is necessary to fill the depression. See red dot on Exhibit 8.2 for location. of subsistance. 2. Topography: Ths site has moderate to very steep slopes. The northerly portion has slopes 30% and greater; the center portion has slopes ranging from 17 to 20%; and the extreme southerly portion has a 10% slope. See Exhibit E-3 for slopes. . . Ir. 1 . . 4XNI81T E-1 GEOLOGY ••• 1x . ....•••••• )) .1 P • ••. • . ••� LEGEND .1., Y• G. ••• •••- •• I. • .. •A ' �• J. d Tf• A'-I.a.Li• ..4 w/Irxtxe.'• •0f''�}n�: gin:` : ::fj: A rz`i4:c;a ��J% � le' �i.�`/� it•�•(��' �7 �J°y ' r AV''t • rir ••' )241; 1:1 'P1 P .'(i•%.N��'�ti Kenyon rjii ++ . 1 M ti C7 ::rb • M iii• {:tiff ■4,•i f f f ' : • �•• ..l .......... . }'f' ��y Rec�lsoiohar •� �• I 1 `. . . a t'dl1 y0/ .••• •• ••: O• • •••I••j�•• C]i:. r ,�� , ::$Trat f�' e H cfi J: •_ e::• : ;..i••o v�.•h••A 5x•• • Dr:ft • F •/k5t • ••••• : •Va• •• •• .../Vol1•.. nElReN mtg.REa.�.y • _ _ \ ••• •L,•I••j•1••• ••• P„•,�= •••• 1 A • •.....y' . R _PI . \ �• ." �MN▪ •••• ••• 71 SO tare G : M▪ rr • 411111 . L/. S. G. S. \iT•�Wr\ �••• --- •••... 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I4■■•. • • It ••• ••.••.••• . • • ••••.•••••• •• ••.•••.• • •• • • ';1 • •••••••• • y••e••• ••• I ••••5,••• •• MI ' �•••••••.• • •.•„•,•- 4 ••• ••. ••••• •••••.•• • •.•A••• ••• I ••� •••1•W'• ••••••••• •• �.. be i •• •O/ •.•• 1,..•.•••• • •.r.W. • I ••I. ▪.L••I�v� i1.N. •••.• • • • IA. • ••a• • 14N N Nlct REi•ns. •• •dtl ..•.•••, P•44 .4 ••••••••• • • • •••••••• n•seI • . \ �ii� J+e r••• ••••••••• • ••••I •4••••• 1 \ .y�. •••••JsA• ••• • per^^ I. SOU•^6•E \�• ..••.+w•V Y`•:::i:~...o:•• . •• La.S. &. S _--::::...i.•••••••••••••••.•••• ••▪ ••• ••• ••_• NORTH ' ^no.p r- 8s.2-D EXr8ir E- 3 SLOPE • • • \....: . ._,....„ ',/ - N----\ .. N.,,,•`•-. \\, N ., s. . •1 'k... .,./d) - -1-.1 ) o' .I ' • ) iiii / • /4I ' •• 17:1,010 r'--j- N'''' 1 - -:' - I ' C. ----).1 d...... .------------ --1--.."-._ , / . / j,;(k. /44 . tbs. . --WIlinagallagaill :.AN• , � �;� ,,-_ -_ y T ,/ o 4.03 rNo II -; I, , _ '4 O -- ... ..I .it --6E-0:li-R,_ST ,. - _---_ - - -.------. ..* Y-._/ ." /, , --- / ! f �\ • ■. / \ �t iit L______:fi.1 .ii i'!..,/, _ - JAI r/- / r -- - _ ,R ENTON --- I / 7 ' r W +i'~ Cam ,- I-1 `�f'' a__, / O. Lam- 4LJ o■ •I I �' % fir_ �- I I . .1 79' -��" _. --. pC7 0 _- _ -. ----.-. --------- - --- xI /Ja - � ❑ Q 1 I y7.E OV 111 I� I DI I i...-T 1s, O o m l \ 1(I rti �� \ x. . ;`,_1eb T -tI. E 0 r `J ❑ ❑ . L_r� Ig I r -Ai a ra CI v 7 T • -� 4 --_---------•---i - -- _- rI y HIGH---- `- -- OZ 't • • _r -I II rrTT ( N E ❑Q ❑O 63 y + k IMI [� _ ,- i 1.. 1 \ / p---- •U- I I ----K-- ,,..2 9 m i� 1 Lh _ r `Z�_�`-- - - - x -. JOKES❑ 1_ _ ---_ ,6 : • PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78, REZONE JUNE 13, 1978 PAGE THREE 2,;4, 3. Soils: The site has four soil classifications which are illustrated on Exhibit E-4: The northerly most portion is Beausite gravely sandy loam, 15 to 30% slopes (BeD); foundations for low buildings is considered severe. In the south western corner is Alderwood and Kitsap soils, very steep (AkF); foundations for low buildings is considered severe with moderate and severe slippage potential. A small portion of the site by Grant Avenue South has Arents, Everett soil (An); the hazard for foundations to low buildings is slight to none. Alderwood gravelly sandy loam, 6 to 15% slopes (AgC) occupies the south easterly portion of the site; this soil has moderate limitations for foundations of low buildings and a seasonal high water table. Considerable erosion has occured on property (multi-family) to the north of the site which apparently does not adequately control surface drainage. 4. Vegetation: The site has alder, maple and willow trees with blackberry, ferns, hazel and ivy for shrubs and ground cover. The vegetation is con- ' sidered abundant except where the land has been clearcut for an apparent road west of and parallel to Cedar Avenue. 5. Wildlife: Due to the surrounding development, the site would be suitable for only small birds and mammals. 6. Water: There are two seasonal drainage ditches on the site. Both appear to have their primary sources of water east of the site from developed single family areas. 7. Land Use: FAI-405 lies to the west and lower in elevation than the site. • A Puget Sound Power and Light Company transmission line right-of-way is contiguous to the south. Established single family dwellings lie to the east of the site. To the north of the site are apartments and condominiums. __. F. NEIGHBORHOOD CHARACTERISTICS: Renton Hill was subdivided and developed prior to the turn of the century. When it was developed and for many years thereafter, it was considered one of the nicer areas in which to live. This was due in part to being above the flood plain, having a view, being at a higher elevation than industrial activities, and a variety of other reasons. Over a period of years the Hill began to decline. However, this trend has reversed itself in recent years. Some homes were converted to apartments and new apartments were constructed. During the early 1960's, FAI-405 was constructed leaving only one access to Renton Hill. In 1953 the City adopted a zoning ordinance which tended to segregate the single and multi-family residences on the Mill. This helped contain multi-family to Mill Avenue (along FAI-405) and minimize the spread of multi-family throughout the Hill. During the early 1970's a sense of community pride began to redevelope which lead to cohesive community action. Eventually, a community club was formed to represent Renton Hill. The City of Renton and the residents of Renton Hill have invested considerable amounts of money in the area since January 1976. Cedar Street between South 3rd Street and South 9th Street was completely rebuilt with a new street, curbs, gutters, sidewalks, illumination and overhead utilities were placed underground. The project cost $200,162.04, of which the residents paid $43,310.11 through a local improvement district (LID 293). Sixty nine parcels participated in the LID which calculates to an average of $627.68 per parcel. Since January 1976 considerable private investment has taken place on Renton Hill including 5 new single family dwellings; one new addition to single family residence; one new story on single family residence; two new private garages; one lowered base- ment; and a new eight unit apartment. .The new homes were erected on lots that were due either to demolition of a home, never had been developed, or were short plated from a larger lot. ... . r '''' EXi 113 IT P. — 9 • SO I L S• h \ tc,4 '3".r NT:,4 gr. •-• ' • 0 • Oc\0 N,t... .!, . -.. •on,, ..- . . ci ••• - LEGEND •',.;• ..N. . \ CI \ 0 A • ...--' ‘..IS.. 4'.I&:Nt'l II' A` . kiro...-1.1,,--- 7," '.S.ji"i'6 , :j4.2532 A C a o\ i5?Prg: 3 '744-111.1'F4.- .- *1.1;1M pkiil a _,, ::::::::*::::::::: ,, , , A ii r t1' /7 fli 14. • -. . :- ••. .'.L 0 Ls ........... ,1.40..! fil • • :-•'.• !:': ::?':- , . Z3 (T,1 ....."........ c2 . .•"(41('''''A -:. . ..:• . ' ::.!.:..::::. . . 4 4:11:1:442,113- . '.• . • • :',.•. -:%f:.. • a 0 Mil An .e' ;t1v-, ,',, )7) or , . :,: ,.:: N A. , ''';:•:;:.`*--;',,• . - .; ri 0`I k' .:.ffi:•••• V p iv.. c .:::•:• • / • -- -- ,i:,;-:%5:- .Z:,:':;''::.::.'.• •:. ,P t 0 CI t . • t 1.:V i• ....:: .:: ....:::y-;*.:*•;.4.-'...., ..... v_ a_ 1... .':- .::.- ::':4;.•:: 1.:4::::::iZ•:;,: .. .....i EMT "`-, 14...."-I., z ' Y::•:•: , "C:;.- •':•••;: -::..;./.:1.,....!.,•...k::.E:i..:,,,::•:..,...•:,::-. • 1-1 :;i:i::•:•.:** •.si: ec, I' -_,, .;:ellati :: cr."1 43.4 ?: 64:j: :::.'.'''':::1;':.;..i..:::::f ej Rettraw lia.i.Rcsaves ....•••::•:::::::::::16.,/'., r• ,e. i likAy... .,..„::::.4 _ _ . .:,.::::::::::%.:.::/toilaiiiihdlni."' a a ‘110 ._ • R.4.6.4p1:f...e3Depi• .•::::.:.::::::E::::.,•,,,,....4,:-.:•::. •- :.i1,1 ,t+ I";,,,-e -- -..• • ' yi?'1 "s,..::" _ ,.? _ - ' • ‘.:-..: NORTH —-------•-•...•••r•r•rt• EXHIBIT H-I • • • SOU D BEASUREfrigNrS H. lo o 0 ni 0 Pi Si LEGEND acal al °D 0 a 1 -j a cm c3 Ij 0 -8 Dre sr 2 Lae.a.i'lohs I 2 1=3 q si 7 . 0131, LoAcwe sow,/ az rib a ci a Weadin3s were, b Liii o e . • 013 0 i 0 a J. 't-o.Ken 0 4 03 G a 6 4=Ej e i: ND 0 ; : 0 0 o ti7 a , c, :• CP a h.) r, ;z*, la 0 4 a 6 - L.' 0 CPI , k.. i k' . L1 le • nb. in0 n''' ' 1' n m,46 4 • 1 II .5 C ..% • . -- '''' 0 0.:b 0 , 0 Z1 13 a 0- z \\. * 11 cika dil _ _- ., I; ri... 0 0 • RENTON Ow. Rou.q.s u _ - r I? 13 'ff..-• 4""":.4, .."... i ... ' 4 f t ii 3 n.90 own Rai.i..PL orf ..".... it As......., "."4,...,:: • S.fl -"Wow uddir, !•t.‘""'•77.4; p „,..t.„, ,>.t,......... NORTH PLANO11G DEPARTMENr PRELIMINARY REPORT T f, ` 'IG EXAMINER lk PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78, REZONE JUNE 13, 1978 PAGE FOUR Two short plats (two lots each) and one preliminary Planned Unit Development applications were received by the City from Renton Hill since 1976. In addition, a large tentative plat. (2.45 acres, 93 lots) application was received on a parcel south of and contiguous to Renton Hill ; this subdivision does not propose to have access via Renton Hill. Effective July 1, 1978 low and moderate home owners will be eligible for grants up to $2,500 for rehabilitation of their detached single family dwellings through the City of Renton Housing Repair Program. Renton Hill is designated as one of the City's target neighborhoods. G. TRAFFIC: • Renton Hill is essentially.a large cul-de-sac with one access, Mill Avenue South. The Seattle Cedar River Pipeline right-of-way provides a secondary access for emergency vehicles. This facilitiy was closed in 1973 at the request of the residents of the Hill to eliminate the through traffic that came to and from the Cascade area to the south. The residents of Renton Hill considered the through traffic inappropriate and dangerous to the community. The streets are rather steep and serious questions can be raised concerning traffic safety if too many cars use the streets. Between South 3rd and 7th Streets, Renton Avenue and Cedar Avenue average 9.2% and 7.7% slope respectively. Renton Avenue has a short stretch that has a grade in excess of 15% between the same streets. With the grid iron street pattern, a vehicle (and anything which the vehicle might hit) can be in serious trouble should a serious mechanical problem occur such as brake failure. On January 22, 1978 traffic counts were conducted and found movement of 2,650 vehicles during a 24-hour period. This represents 1,350 vehicles entering and leaving the Hill each day. Burlington Northern Railroad has a major east-west track accross Mill Avenue South, the sole access to Renton Hill. During the 16 hours per day that the Renton railroad station is manned, there is an average of 14 trains that pass through the city. , This does not include the numerous short blockages due to switching activities. Blockage of Mill Avenue can be critical should an emergency occur on Renton Hill while a train crosses Mill Avenue. H. SOUND: Sound readings were taken in mid May 1978 at six locations on or near the site as illustrated in Exhibit H-1. The detailed sound records are available on file in the Renton Planning Department. The freeway is the major source of sound at the western side of the site_while airplanes, dogs, the city park, and other urban sources were more important as the loud-sound generators at the eastern extremity. Even at the eastern end, the freeway provided audible background sounds through- out the site. Listed below is a synopsis of the findings: dBA LEVELS Site High Averages Low 1 79 76 - 65 63 2 66 62 - 59 56 3 73 61 - 58 55 4 68 54 - 53 52 5 59 55 - 52 51 6 61 56 - 44 44 Generally, the closer to FAI-405, the greater the sound. It is anticipated that traffic will increase as growth occurs in South King County on FAI-405 and therefore the sound levels on Renton Hill will increase also. Sleep interference occurs at 40 dBA; speech interference at 55 d[LI ; hearing loss with continuous exposure at 80 dBA,, although some experts believe hearing loss happens at a lower level. As indicated by the above data, there is speech interference with outside activities during the day and a potential loss of hearing if exposed for a long period of time. PLANNING DEPARTMENT 11/ • PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78,REZONE JUNE 13, 1978 PAGE FIVE Sound inside a dwelling is generally 15 to 20 dBA less when the windows are open and 20 to 25 dBA quieter when the windows are closed. Dwellings con- structed on the site could experience sound levels that will cause interference with normal conversation and perhaps sleep. I. PUBLIC SERVICES: 1. Water and Sewer: There are existing 4 inch water mains located in Cedar and Renton Avenue South and South 10th Street. An 8 inch water main is located in South 9th and llth Streets. An 18 inch sanitary sewer line is located in the Puget Sound transmission line right-of-way that could serve the site. 2. Fire Protection: Fire protection is provided by the Renton Fire Department as per ordinance requirements. Any future development of the site will be subject to the City of Renton standards. 3. Transit: Metro provides bus service along the periphery of Renton Hill. Metro Transit route numbers 107 and 240 operate north of the hill on Mill Avenue South. Bronson Way South is served by bus route number 142 and route number 155 serves Main Avenue South. All of these busses are within walking distance of Renton Hill. 4. Schools: Renton Hill is served via school bus by the Bryn Mawr Elementary School, and Dimmitt Junior High School. Renton High School serves Renton Hill. 5. Parks: Phillip Arnold Park, a neighborhood park, is within walking distance of all areas within the site. Three additional city parks, Liberty, Cedar River and Jones Park, are approximately half a mile north of the site. J. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-706, R-1 Single Family District. 2. Section 4-709A, R-3 Medium Density Residence District. 3. Section 4-725, Amendments. 4. Chapter 22, Parking and Loading. K. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: 1.. Land Use Report, 1965, Residential, Page 11, and Objectives Pages 17 and 18. L. IMPACT ON NATURAL SYSTEMS: The rezoning of the property will not have a direct impact on the natural systems. However, any development of the site will disturb present soil and vegetation conditions, increase storm water runoff, thereby increasing the possibility of erosion, and add to the noise and traffic levels. These conditions may be minimized by the application of proper development controls. M. SOCIAL IMPACTS: The development o.f the site for residential use will increase opportunity for social interaction. Nt 1 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78, REZONE JUNE 13, 1978 PAGE SIX N. ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: Pursuant to the City of Renton Environmental Ordinance and the State Environmental Policy Act of 1971, as amended (RCW 43.21C), a declaration of non-significance has been issued for the subject proposal. 0. AGENCIES/DEPARTMENTS CONTACTED: 1. City of Renton Building Division 2. City of Renton Engineering Division 3. City of Renton Traffic Engineering Division 4. City of Renton Utilities Division 5. City of Renton Fire Department 6. United States Geological Survey 7. Renton School District Number 403 8. Puget Sound Power and, Light Company • 9. Pacific Northwest Bell 10. Department of Ecology P. PLANNING..DEPARTMENT ANALYSIS: 1. The. proposed rezone to R-1 is consistent with the Land Use Element of the Comprehensive Plan which designates the site and area as single family residential. 2. The existing zoning around the site is R-1 to the east, R-3 to the north, • and GS-1 to the south. The freeway (FAI-405) to the west is not zoned and acts as a physical barrier. The R-1 and R-3 zones are developed as zoned; the GS-1 zone is developed as an electrical transmission line which pre- cludes more intensive development. These circumstances together with other elements appear to establish the subject site as a single family area which requires protection from other uses to protect the existing single family area. (Comprehensive Plan Land Use Report, 1965, Objectives 1, page 17; Policy Statement, Summary, pages 9 and 10) 3. The goals and objectives of the Comprehensive Land Use Report, page 17, objective number 1, states: "Prevent blight by protecting resi- dential and other exclusive districts from the unwarranted infiltra- tion of incompatible uses which would contribute to premature decay . and obsolesence, and prevent the development of orderly growth pat- terns." The majority of the Renton Hill area is an existing single family residential neighborhood. Rezone and development of the subject area to single family residence density, either by standard subdivision or by P.U.D. cluster-type development, would be compati- ble with the existing neighborhood and consistent with such objective. Development to higher densities would result in infiltration of incom- patible zoning, land uses, and such Comprehensive Plan objectives. 4. The Comprehensive Plan Land Use Report, page 17, also has as objective number 4, "Protect property values within the community for the benefit of its residents and property owners, through the effective control of land use and the enforcement and application of building and construction codes." The proposed rezone will control and regulate the land use of the subject area to a degree that is compatible with other property in the area, thereby encouraging and strengthening the livability, both physical and social, within the existing neighborhood. This would further the present character of the "Hill" as highly desirable single family residence area. 5. Such rezone to R-1 will continue the present trend for new single family residential construction and remodeling of existing residences in this community, which further indicates the desirability of the area as a separate single family residence area. It would, therefore, be consistent with the objective number 6 of the Comprehensive Plan Land Use Report, page 18, to "encourage the development and utilization of land to its highest and best use in such a way as to promote the best interest of the community and contribute to, its overall attractiveness and desirability as a place in which to work, shop, live, and play." 10 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78, REZONE JUNE 13, 1978 PAGE SEVEN 6. The Comprehensive Plan Land Use Report, page 18, clearly states as a method of implementation (number 6) the need to "conduct planning studies on problems of current interest or need as conditions change and revisions or amendments to the Comprehensive Plan are deemed desirable." Conditions have changed in the area through the continued construction, revitalization, investment, and community involvement in the area as a single family neighborhood, as well as the lack of adequate access for multiple family residential being developed, and the overall • attitude of the legislative body and the;community toward the retention of a viable and significant single family area through the revision to the Comprehensive Plan. . • . It is further noted in this implementation section that"the purposeful and consistent attention to the overall purposes and objectives of the Comprehensive Plan will produce continuing and long term benefits for • the community." The proposed rezone is a reflection of. the "overall purposes and objectives of the Comprehensive Plan" through the proper use of land use regulations and zoning to protect the citizens of the • community and provide for orderly and compatible growth trends. • The "continuing" benefits to the community will be reflected by the proposed rezone consistent with the Comprehensive Plan. The aspect of planning as a "continuing" process is important. As.the City grows and changes in its physical character so also do the attitudes of its citi- zens. The Comprehensive Plan and its implementation methods (i.e., zoning, capital improvements, arterials and streets plans) must reflect these changes to be an effective planning tool. 7. The Policy Statement, Comprehensive Plan, defines the ideal neighborhood • as an area "consisting of a relatively solid pattern of homes, linked by by quiet streets and centered around an elementary school and park." Although this concept has changed somewhat in recent years, the Renton Hill neighborhood basically reflects such a concept. This portion of r the Plan also states that "in planning neighborhoods the creation of residential districts free of overcrowding influences, arterial traffic are important objectives." Such objectives will be significantly upheld by the proposed rezone. 8. The Policy Statement of the Comprehensive Plan, page 6, E., TRaffic Ways, states that "It shall be the objective of the City of develop or require the development of its traffic ways in accordance with their intended use. Generally, heavy and fast moving traffic will be routed around neighborhoods with only minor residential streets bisecting them. Right-of-way width standards for different classifications of streets shall be those developed in detail and contained in the Arterials and Streets Report of the R.U.A. Comprehensive Plan. The construction of streets shall be related to need and funtion as determined by traffic engineering'studies." Reference to the Arterials and Streets Plan as well as the City's Subdivision Ordinance, indicates that this access to the subject area is not adequate for any use higher density than single family residential. Even as a new single family residential area the access would be questionable. However, it is one of the last remaining large undeveloped areas of the "Hill" and, therefore, would not create significant additional traffic problems if developed •as single family residential. 9. Access to Renton Hill is restricted to one entrance that is subject to blockage by trains. Several of the streets which provide access to the various areas on the "Hill" are steep, laid out in a grid arrangement, and as such should not be overloaded. The grades of the streets present a potential hazard not normally found in a residential development. Also, one street has had a small section subsidence. (Comprehensive Plan, Arterials and Streets, 1965, Purposes and Objectives of Study, pages 2 and 3) Both Cedar Avenue South and Renton Avenue South have • PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78, REZONE JUNE 13, 1978 PAGE EIGHT a right-of-way width of forty feet with improvements less than that which is normally required. Standard residential access streets are 50 to 60 feet in width. Due to existing structures and improvements, there is little likelihood that these streets can be enlarged. Given this situation, the proposed rezone would have fewer impacts to the existing streets than the existing zoning. In fact, the Streets and Arterials Plan, page 5, states that "in the planning, design, and location of the major street system, consideration should be given to esthetics and community amenities in order that the system may provide attractive • as well as safe, efficient circulation routes, and do the least damage • to adjacent land uses and improvements. Conversely, the design and location of adjacent improvements should present the least possible interference with the traffic carrying capabilities of these traffic ways." 10. The Streets and Arterials Plan also states as objectives (page 3): a. Provision for the safe, efficient and convenient move- ment of peoples and goods. b. Arterial and street patterns compatible with and com- plimentary to the general land use plan. c. Adequate and safe access to allow convenient and effi- cient utilization of abutting properties. The proposed rezone would be consistent with these objectives by reducing densities and resulting traffic volumes and providing for land use more compatible with the Comprehensive.Plan and roadway system. Also, the introduction of any larger street system into and through the area would be contrary to these and other Compre- hensive Plan objectives. (i.e., Policy Statement, Comprehensive Plan, page 4, "These trafficways should be so designed that they function efficiently.. .their operation should not conflict or --- — interfere with the functions of the residential neighborhoods.") 11. It is apparent from the attached exhibits that the site has physical characteristics such as slope, mined-out coal beds, soils, and existing heavy vegetation which create potential problems in development and • which should be considered when reviewing the size and intensity of development. Certain types of higher intensity development may in fact create potential hazards. Therefore, it would be in the public interest to minimize such possible hazard by proper planning, zoning, and development controls. The Comprehensive Plan Land Use Report designates the site as 25Z - 40% slope with certain portions over 40% slope. The Plan indicates "that extreme caution should be exer- cised in the utilization of these potentially dangerous areas for residential sites." The lesser density of the R-1 zone would be more compatible with such objectives and present fewer hazards, especially if developed by P.U.D (Planned Unit Development) within the single family residence density which would provide for clustering of units within more appropriate areas of the site, preserving steeper areas, significant trees, and natural open spaces. The Comprehensive Plan, Policy Statement, page 6, infers such a relationship between land use, topography, and other physical conditions of the terrain when it states that "properly designed plats related to terrain conditions will be pleasing to the eye, economically sound, and safe for the residents." 12. The site is subject to loud sound levels, especially from FAI-405. The Department of Ecology recommended that performance standards be applied to sleeping areas of the dwelling to permit sleep. 111 4 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING: CITY OF RENTON, FILE NUMBER R-178-78, REZONE JUNE 13, 1978 PAGE NINE • STAFF RECOMMENDATIONS: Based upon the above background data, analysis, and the Comprehensive Plan recommend approval of R-1 zoning for the subject area. It is further suggested that reasonable development of the area can and should be pursued by means of a P.U.D. (Planned Unit Development). Existing vegetation and • other natural characteristics of the site should be retained as much as possible and incorporated into site planning, design, and development. Access shall be limited to existing streets and approved as part of any site development. On-site soils and geology investigations should be conducted to determine whether the site is safe to develop; and if it is safe to develop, to obtain recommendations on how to develop. • • • 1 ROUTING SCHEDULE FOR APPLICATION TO: Finance Department Fire Department Library Department OPark Department Police Department Public Works Department ® Building Div. ® Engineering Div. Traffic Engineering Div. Utilities Engineering Div. FROM: Planning Department, (signed by responsible official or his designee) • , .1-, ., .l,,v" DATE: -26-78 PLEASE REVIEW THIS APPLICATION FOR: 1:-/75-74 REZONE �„J, f/Zf/ R•,,,,--T4.-x- MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION AND RETURN TO THE PLANNING DEPARTMENT WITH ANY COMMENTS YOU MIGHT HAVE. BEFORE j/,,,_,L REVIEW BY OTHER CITY DEPARTMENTS: Department: ti- L•! T Comments: f.-�-e- C":._ 6 0-27 Signature erector or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: !J t i. ( aiz •, Comments: No IiM(1k�� -/. 7 Y Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: CiL/ ,i,x�,_ t.( -P.? Comments: :-tee <<//x /L( ei Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: ; 7--4 f fis -r� �;rr ifr�t Comments: �J / F //�/c� /7/) / L< ., c. /Q h CL/s-y/0iishe / Signature of Director or Authorized f�Cpresentative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: Comments: (,;,, _ 4- e._1y2:4,L7 240 le. � Ke� ' �"'�(lh`✓ ?- Co'c-tee-t�-.�. r ,e. -r_z=�L E� S - /4- Signature of Director or Authorized Representative , Date REVIEW BY OTHER CITY DEPARTMENTS: Department: Comments: Signature of Director or Authorized Representative Date RENTO 1.°1gY0 41/ a 0 . • Dr`9NNINGVs'? • •,7r� J I I e-t., D2 7 , C�acl, .L'r^.f:J. - / .f, ,. • i , • • e- d'r'.r•. G1�rvt. fir• /r..• ,:.ri:: iJ/ 7/ef. ( • '!•: . '.f !. �c3 :L ,..r•.••. �J2t,!:%... 1! l,,:•'.• J•'�te.'c}rC.1 •I ;'.r ter`_ �� , ..••t �,t, e7/�/ Pn r.J>/r /i!i:/ r>r� s4/p?.'1J lG•_.'9ra'.iC•i r• ,ft'rr. �: ,/ .!• :� .. .• t// //•.;. .itl l:[. � • Gt't.r %J ri'/. r',)! ;'rr. •. ' ••,, :rILtTGI. ;yzJ/•rr.rei�/t. _ • ;�. / I £ W d'.•" '••�L j • COPY OF THE ABOVE MEMO; (ok'd by WCG 6/5/78) Engineering Department Gary Kruger, Planning Department Subject: Renton Hill Rezone The drainage basin encompassed by the pioj;osed rezone area; and a large portion of already developed portion of Renton Hill , empties into an already overloaded system. Any development in this area would require extensive storm water detention and/or other means of controlling the run-off. The rezone as proposed would in effect reduce the possible impact of storm water run-off over the present zoning. (Signed--) BOB BRAY f � • ROUTING FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS TO: (:) Finance Department Fire Department Library Department Park Department Police Department Public Works Department 8 Building Div. Engineering Div. (2) Traffic Engineering Div. 0 Utilities Engineering Div. FROM: Planning Department, (signed by responsible official or his designee), AAvA ittc g. v SUBJECT: Review of ECF- ; Application No. : -/,3->s ' Action Name: ..421,7:0-.-4/...e&-Key,...—, Please review the attached. Review requested by (date):)4.4,0.. .2411/978 Note: Responses to be written in ink. REVIEW BY OTHER CITY DEPARTMENTS: Department: ACV& Comments: -7-74te de/ (/7 _ .1.12.1_, -1 d.,,,,c-4ecir - • / era; i6J Signature of Director OV; Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: e Comments: Signature of Director or Authorized Representative Date • 10 REVIEW BY OTHER CITY DEPARTMENTS: Department: Comments: co,A/7,e Z1,oa c.71- /do 4/a/ ,6E a1;Aa>e ti%Sl She a/c. 0 Signature of Director or Authorized Repr sentative Date . REVIEW BY OTHER CITY DEPARTMENTS: - i Department: Comments: Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: Comments: Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department: Comments: Signature of Director or Authorized Representative Date PROPOSED/F1 f ECLARATION OF SIGNIFICANC NOR ...LNIFICANCE • Application No. R-178-78 0 PROPOSED Declaration Environmental Checklist No. ECF-351-78 p FINAL Declaration Description of proposal City initiated rezone of five contiguous parcels consisting of 12. 1± acres from R-3 to R-1. Proponent CITY OF RENTON • Location of Proposal Renton Hill • Lead Agency City of Renton Planning Department . This proposal has been determined to 0 have la not have a significant adverse impact upon the environment. An EIS 0 is is not required under RCW .43.21C.030(2) (c) . This decision was miTe. after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. non Reasons for declaration of environmental/significance: This negative declaration only applies to the rezone of the subject site. Additional environmental review will be required as part of specific site development review. Measures , if any, that could be taken to prevent or mitigate the. environmental impacts to such an extent that the lead agency would withdraw its declaration of significance and issue a (proposed/final ) declaration of non-significance : • . Responsible Officia Gordon Y. Ericksen Title P nin; li.. or Date June 5, 1978 Signat edtrul l __ _/ der S City of Renton Planning Department 5-76 CERTIFICATE I . THE UNDERSIGNED . MARILYN J . PETERSEN. HEARING ADMINISTRATIVE ASSISTANT TO THE LAND USE HEARING EXAMINER. CITY OF RENTON. CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF LAND USE HEARING TAPES OF. FILE NO. R-178-78 , CITY OF RENTON, REQUEST FOR . REZONE. FOR HEARINGS HELD ON JUNE. 13, 1978 AND JUNE 20. 1978 . SUBSCRIBED AND SEALED THIS 20TH DAY of SEPTEMBER. 1978 . 1 MARILYN 2. PETERSEN HEARING ADMINISTRATIVE ASSISTANT - LAND USE HEARING EXAMINER DIVISION CITY OF RENTON. WASHINGTON i . NOTARY PUBLIC IN AND FOR THE , STATE OF WASHINGTON, RESIDING AT RENTON. i Igrr 6d1" ,1� OF R4, U O. ;t•- zsslt, O� OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 98055 255-8678 00ammo tI ' LAWRENCE•J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 'Oo9gTp �EM�`Q� August 21, 1978 SEP TO: RICK BEELER, Land Use Hearing Examiner FROM: Daniel Kellogg, Assistant City Attorney RE: Rezone No . R-178-78 (Renton Hill) I have your memo of August 17, 1978 for reply. I do not think anyone should make any mistake that the Council ' s acceptance of the Planning and Development Committee report of August 14, 1978 establishes a precedent that the Hearing Examiner does not possess the authority to impose conditions under Section 4-3010 (B) (1) , in appropriate cases , in order to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, and other codes and ordinances of the City. Both Larry and I were present at the committee hearing at which time the committee recommendation was made. We both concurred in the opinion that there was no substantial evidence in the record to support a conclusion that a PUD was a necessary approach to development of the site . This is because the evidence concerning the PUD application was properly admitted for a very limited purpose of rebuttal of certain contentions made by Tadco . Our recommendation concernin the lack of jurisdiction on the part of the examiner is a little more difficult for me to justify. On reflection, I believe that it would have been more accurate to base the committee' s recommendation on the question of "substantial evidence" rather than 'jurisdiction". I think it is clear that the committee felt that your decision should not have restricted the development of the property to a PUD since the only real question before us at this time was the appropriate zoning. The proper means of development of the site is more appropriately addressed at the developmental- stage, including a possible environmental impact statement . Mrs . Thorpe' s concern was over the possible implications to be drawn from the fact that the committee removed ;A the restriction to a PUD development . She did not want the committee' s decision to be considered as evidence that a PUD was not an appropriate developmental, control mechanism. In sum, I find nothing in the ordinance':which you cite which restricts the jurisdiction of the examiner to attach any conditions which are reasonable to make the application compatible with the environment, and to carry out the objectives and goals of the comprehensive plan and the City ordinances . We are of the opinion in this case, however, that the jurisdiction of the examiner should not have been invoked to impose developmental limitations at this stage of the proceedings on such a scanty record. -(/)////2() / 0,U9-11'1'L'4Y Daniel Kellogg 4,(:.,,up DK:bjm cc : George Perry Patricia Seymour-Thorpe Barbara Shinpoch Gordon Ericksen Mayor Delaurenti City Clerk /�t r Yboi /1. //!f@ZJ 1117 , CITY OF RENTON, WASHINGTON ORDINANCE NO. 3241 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM RESIDENCE DISTRICT (R-3) TO RESIDENCE DISTRICT tR-l) 0i-178-78) WHEREAS under Chapter 7, Title IV (Building Regulations) of Ordinance No. 1628 known as the "Code of General Ordinances of the City of Renton", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as Residence District (R-3); and WHEREAS a proper petition for change of zone classification of said property has been filed with the Planning Department on or about May 23, 1978, which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having been held thereon on or about June 13, 1978, and which matter was continued to June 20, 1978„ and said matter having been duly considered by the Hearing Examiner 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 rezoned to Residence District (R-1) as hereinbelow specified; subject to the findings, conclusions and decision dated July 12, 1978 of the City's Hearing Examiner, as modified; the Planning Director is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Exhibit "A" attached hereto and made a part hereof Vit (Said ,property being located on the west side of Renton Hill south of S. 7th Street; east of FAI-405; north of the Puget Sound Power and Light Company transmission line easement and east of the subdivided property. ) SECTION II: This Ordinance shall be effective upon its passage, approval and five (5) days after its publication. PASSED BY THE CITY COUNCIL this 28thday of August, 1978. De ores 'He d,`City VarAder APPROVED BY THE MAYOR this28th day of August, 1978. arles,i Delauren i;771-1.4g: <i (.9egvti.-4177 y Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: September 1, 1978 m EXHIBIT A Ordinance / 3241 PORTION GOVERNMENT LOT 1 WITHIN SECTION 20, TOWNSHIP 23 N,• RANGE 5E., M.M., LYING NORTHERLY OF PUGET SOUND POWER AND LIGHT TRANSMISSION LINE R/W ,AND EASTERLY OF PSH11 (I-405). PORTION OF H.H. TOBIN DONATION CLAIM 137 D.C. LYING IN NE 1/4 OF NW 1/4 SEC. 20-23-5. BEGINNING AT:N 1/4 CORNER OF SECTION THENCE W. 67.02 FT. THENCE S. 01026-49 W. 1198.85' THENCE N 88-33-13 W 669.65' TO TPOB. TH. N 01-26-45• E 154.89' TH. N 88-33-21 W. 319.83 FT THENCE S 01-24-21 W 92.42' TN. S 67-03-41 E 354.93' TH. N 07-22-33 W. 68.39 TO TPOB. PORTION OF H.H. TOBIN DONATION CLAIM NO. 37 NORTHERLY OF PUGE,T SOUND POWER AND LIGHT RIGHT-OF-WAY SOUTHERLY OF N. LINE SEC. 20, TWP. 23 N., R. 5 E., W.M. AND WESTERLY OF W. LINE HIGHLAND ADD. AS RECORDED IN VOL. 17 OF PLATS, PAGE 32, RECORDS OF KING COUNTY, WASHINGTON, AND SD. W. LINE PRODUCED SOUTH. PORTION OF N. H.' TOBIN DONATION CLAIM 4137 SOUTHERLY OF HIGHLAND ADD., AS RECORDED IN VOL. 17 OF PLATS, PAGE 32, RECORDS OF KING COUNTY, WASHINGTON, AND S. OF S. LN. OF SD. ADD. PROD. E.,NLY OF PUGET SOUND POWER AND LIGHT COMPANY'S 200 FT. R/W AND EAST OF W. LN. OF GRANT AVE. PROD. S. AS SITUATED WITHIN SECTION 20, TWP. 23 N., RANGE 5 E., W.M. PORTION OF H. H. TOBIN DONATION CLAIM 4137 SLY OF LOTS 4 AND. 5 HIGHLAND ADD. AS RECORDED IN VOL. 17 OF PLATS, PAGE 32, RECORDS OF KING COUNTY, WASHINGTON, WLY OF W. LN .RENTON ST. PROD. S., ELY OF WEST LINE CEDAR ST. PRODUCED S AND NLY OF PUGET SOUND POWER AND LIGHT R/W AS SITUATED WITHIN SECTION 20, .TWP 23 N., RANGE 5 E. W.M. • • • Renton City Council 8/21/78 Page 2 Public Hearing - Cont. Vacation Portion in conjunction with duplex zoning,adding that city has never of NE 14th incurred any expense in re to street as it. has been left vacant and unkept. MOVED BY CLYMER, SECOND STREDICKE TO CLOSE THE PUBLIC HEARING. CARRIED. *MOVED BY STREDICKE, SECOND THORPE • THAT VACATION AS PROPOSED BE DENIED. Substitute Motion by Clymer, Second Perry to delay action on vacation until Mr. Bennett's. final plat is filed. Roll Call: Aye - Clymer, Perry, Shinpoch; No - Thorpe, Stredicke, Shane, Trimm. 3 Aye's, 4 No',s." Motion failed. Councilman Clymer noted. loss of filing fee by the petitioner for the street vacation. AMENDMENT TO THE MOTION BY THORPE, SECOND STREDICKF THAT $100 FILING FEE BE REFUNDED TO THE APPLICANT; CARRIED. *ORIGINAL MOTION CARRIED TO DENY STREET VACATION. AUDIENCE'COMMENT • Vacation Portion Mike Hanis, 759 Dayton NE, explained his original request for vacation • NE 14th of NE,14th and requested that portion be approved. Introduction Councilman Stredicke introduced Tom Larson, Scout, working on communication merit badge to become an Eagle Scout. OLD BUSINESS • Eager Short Plat .MOVED BY PERRY, SECOND THORPE TO SUSPEND RULES AND HEAR AT THIS • TIME THE HEARING EXAMINER, DECISION, APPEAL, AND PLANNING AND DEVELOPMENT COMMITTEE REPORT RE EAGER SHORT PLAT. CARRIED. Subject before the council: Hearing Examiner's decision of July 21, 1978 re Russell Eager application for short plat 186-78 • located approximately 150.ft. south of the southeast corner Of Powell Ave. SW and SW LangstonRoad. Applicant requested approval of a proposed 4-lot short plat and an exception to the Subdivision Ordinance to allow two 20 ft. pipestems to provide access to --� separate rear lots. Hearing Examiner decision: approval' of short . • plat with 50 ft. right-of-way. Appeal filed by Don E. Weitkamp,PH.D. of Moore and Moore Realty. The Hearing Examiner's decision, findings .and conclusions, and appeal were reviewed by the Planning and Development Committee and a recommendation prepared. Planning and Development Committee Chairman Perry presented report recommending .the Council concur in the. recommendation of the Hearing Examiner.. MOVED BY PERRY,. SECOND SHINPOCH TO CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. \ Renton Hill Councilman Clymer left the Council Chambers,due to conflict of Rezone interest. Councilman Perry, Chairman Planning and Development Committee requested letter from Mr. Rick Beeler, Hearing Examiner, be read re Renton Hill Rezone,questioning intent of Committee's recommendation and Council's action re. PUD in the Renton.Hill Rezone at.August 14, 1978 Council meeting. Councilman•Perry requested discussion by council re future and present considerations for a PUD in the area rezoned. Councilman Shane noted intent was R-1, single-family residental. Councilwoman Thorpe noted PUD can mean single-family development, does not necessarily mean other than ' single-family development; the ordinance stipulates it has to be compatible and. allows for city and community involvement in the decision. Asst. City Attorney, Dan Kellogg, noted that council • action does not imply that.a PUD is an inappropriate means-of development, just not required. MOVED BY THORPE, SECOND STREDICKE THAT THE MATTER BE CLARIFIED TO THE HEARING EXAMINER IN A LETTER FROM THE CITY ATTORNEY. CARRIED. Councilman Clymer ,returned to Council Chambers. Appointment Ways and Means Committee report was read recommending council Part-Time concurrence in the Mayor's appointment of Mr. Louie Gebenini as Airport part-time Airport Director. MOVED BY SHINPOCH; SECOND PERRY TO Director CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. Councilman Stredicke ' noted for the record his objection that position was not advertised. • llV - Renton City Council 8/21/78 Page 5 Old Business - Cont. METRO Sewer Utilities Committee Chairman Shane presented report recommending Plans council concurrence authorizing Public Works Director to certify sewer plans to METRO. MOVED BY SHANE, SECOND THORPE TO CONCUR IN COMMITTEE RECOMENDATION AND REFER TO WAYS AND MEANS COMMITTEE FOR PROPER LEGISLATION. CARRIED. Complaint by Public Safety Committe Chairman Trimm presented report recommending Downtown complaint filed by businesses not a part of Renton Merchants Assn. Merchants be referred to the Administration. MOVED BY TRIMM, SECOND SHANE TO CONCUR IN COMMITTEE RECOMMENDATION FOR RESEARCH TO BE DONE RE COSTS BY THE CITY. CARRIED. ORDINANCES AND RESOLUTIONS First Reading: Funds for Mill Ways and Means Committee report recommended first reading of Ordinance Ave. So. Property providing for appropriation of funds for Petermeyer property (Mill and Aerial Photo- Ave. So.) and Aerial Photographs. MOVED BY STREDICKE, SECOND SHANE graphs TO REFER BACK TO WAYS AND MEANS COMMITTEE. CARRIED. First Reading: 1 Councilman Clymer. left Council Chambers due to conflict of interest. K{ Renton Hill Ways and Means Committee report recommended first reading of Ordinance \ Rezone changing the zoning classifiation of certain properties on Renton Hill \ within the City of Renton from Residence District (R-3) to Residence District (R-1) MOVED BY STREDICKE, SECOND SHANE TO REFER BACK TO WAYS AND MEANS COMMITTEE. CARRIED. Resolution #2206 Resolution was read to transfer funds to provide for payment of Funds - 100' 100' Aerial Ladder in the amount of $111,073.24. MOVED BY PERRY, Aerial Ladder SECOND SHANE TO ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2207 Resolution was read that surplus equipment be disposed of in a Surplus manner most advantageous to the city with funds from sales to be Equipment placed in the Senior Citizen's Construction Fund. MOVED BY STREDICKE, SECOND SHINPOCH TO ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2208 Resolution was read for authorization to certify Sewer Plans to Metro Sewer Plans METRO. MOVED BY STREDICKE, SECOND SHANE TO ADOPT THE RESOLUTION AS READ. Re-appointments The Ways and Means Committee recommended concurrence in the Mayor's Board of re-appointment of Francis Holman and Gary Smith to the Board of Adjustment Adjustment and that council waive the requirement for residence within the City, limits. for Gary Smith. Moved by Perry, Second Clymer to concur in committee recommendation. Councilwoman Thorpe noted for the record voting against the appointment of someone outside the city limits. MOVED BY SHANE, SECOND THORPE TO TABLE MOTION FOR ONE WEEK. Roll Call: Aye - Clymer, Perry, Thorpe, Stredicke, Shinpoch, Shane; No - Trimm. MOTION CARRIED. Earlington Park Ways and Means Committee report recommended award of contract for Bid Award Earlington Park and a resolution be drafted for transfer of funds. MOVED BY CLYMER, SECOND SHANE TO CONCUR IN COMMITTEE RECOMMENDATION AND REFER TO WAYS AND MEANS COMMITTEE. CARRIED. CONSENT AGENDA The following items are distributed to all Council Members and adopted by one motion without separate discussion (adopting motion follows agenda items). • Life Safety Letter from Chief Richard Geissler requesting authorization to Conference attend a Life Safety Conference in Seattle October 23-25, 1978. Concur. Union Label Proclamation by Mayor Delaurenti, September 4-10, 1978 as Union Week Label Week. Concur. OF R4,A � U • ;r y'��•, G OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON _ j;.'s:(a:• d �_ POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 98055 255-8678 00 '47 �' , LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9Ao�RTF E�O�P� August 14, 1978 SEP� TO: ALL CITY COUNCIL MEMBERS FROM: PLANNING & DEVELOPMENT COMMITTEE ' RE: File No . R-178-78 - Transamerica Development Company Appeal • of Examiner 's Decision dated July 12, 1978 The Planning and, Development Committee has considered the record and the Hearing Examiner' s written decision, findings and conclusions in the above matter. The Committee finds that, except as noted below, each material finding and conclusion set forth in the Examiner' s • decision is -supported by substantial evidence in the record. Except as noted. below, the Committee recommends that the City Council adopt all of the Examiner' s findings, conclusions and recommendations . • The Committee finds that .there was admitted into evidence an appli- cation for a tentative Planned Unit Development dated April 28; 1978 , ' for single family and town house development on a portion of the subject premises , and labeled as "Cedar CresPUD" . (Exhibit No . 34) . The Committee finds that this application was properly admitted into . evidence for the sole purpose of rebuttal of the property owners following contentions: • • A. That the rezone of the 'property to R-1 precludes use of the property for any purpose to which it is reasonable adapted. B . There is no possibility for profitable use of the property under the restrictions of the rezone. C . That the greater part of the value of the property is destroyed by the rezone. . The Examiner ' s conclusion that . a PUD would be a necessary approach to development on the site" was beyond the jurisdiction of the Examiner and not supported by substantial evidence . Conclusion No . 9 . The first sentence of Conclusion No . 9 should be modified to read as follows: • "The natural constraints of the site indicate that a PUD would be a possible and economically profitable approach to development of the site" . Therefore, the Committee recommends that the City Council concur in the Findings' of the Hearing Examiner and the Conclusions as modified • above, and that the City Council approve reclassification Of the three subject properties from R-3 to R-l . of 4v 4. �� , z THE CITY OF RENTON eip MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 z o p CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER L. RICK BEELER , 235-2593 O 0 "'et, SEPIV4. August 21, 1978 • TO: Councilman George J. Perry Chairman, Planning & Development Committee FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Rezone No. R-178-78; City of Renton (Renton Hill) Having received the Planning and Development Committee report of August 14, 1978 and reviewing the minutes of the August 14, 1978 City Council meeting regarding this application, I have one question which impacts future decisions on these properties. Does the Committee's recommendation and the City Council's action mean that a PUD is not appropriate or that a PUD should ,not be required for these properties? It appears that some confusion exists regarding this question, the answer to which has substantially different implications for development. ) L. Rick Beeler Hearing Examiner cc: Councilwoman Shinpoch Councilwoman Seymour-Thorpe RECEIVED AUG 2 1 1978 CITY COUNCIL RENTON, WA 7 ilo Renton City Council 8/14/78 Page 2 Public Hearing - Cont Vacation- the guardianship of the public's right to use as a street and Portion of an easement; that the recommendation is to reserve the full So. 7th St.- 30 ft. for the use of locating utilities allowing Puget Power Cont. surface use. Motion by Shane to vacate the street. Motion failed. *MOVED BY STREDICKE, SECOND SHINPOCH THAT STREET BE VACATED FROM 60 FEET EASTERLY OF THE WEST PROPERTY LINE OF MILMANCO, THAT, THE VACATION FEE BE ESTABLISHED AT 1 THE ASSESSED VALUATION AND UTILITY EASEMENTS BE RETAINED AS RECOMMENDED. Moved . by Thorpe motion be tabled until a report is made from the City Attorney as to the city rights to the property. Motion failed. Roll Call: Aye-Clymer, Perry, Stredicke, Shinpoch, Shane; No- Thorpe. 5 Aye, 1 No. *MOTION CARRIED. Councilman Trim returned to Council Chambers. AUDIENCE COMMENT enton Hil Councilman Clymer left Council Chambers due to conflict of interest. Rezone Jim Irwin, Attorney, Transamerica Development Co. 1000 Norton Bldg. requested opportunity to make an oral argument re appeal of Hearing Examiner's decision on the Renton Hill rezone. Robert • McBeth, 1906 Rolling Hills Ave. SE, Attorney for Renton Hill Community Assn. asked to speak. Planning and Development Committee Chairman Perry explained notices of committee meeting were sent to all parties of record. Asst. City Attorney, Kellogg suggested that the council hear from both parties limiting the amount of debate by setting a time limit and the Planning and Development Committee report be distributed. Reports were circulated to those present. Recess MOVED BY STREDICKE, SECOND SHINPOCH TO RECESS, 8:55 P.M. CARRIED. Reconvened at 9:10 P.M. Roll Call: All council members present as previously listed. MOVED BY PERRY, SECOND THORPE TO SUSPEND RULES AND HEAR AT THIS TIME THE HEARING EXAMINER DECISION, APPEAL, AND PLANNING AND DEVELOPMENT COMMITTEE REPORT RE RBTON HILL REZONE. CARRIED. Subject before the council Hearing Examiner's decision of July 12, 1978 re application by City of Renton for rezone R-3 to R-1 for +12.1 acres property in the area of the westside of Renton Hill, between power line right-of-way and South 7th and FAI 405. Appeal filed by Transamerica Development Co. The Hearing Examiner's decision, findings and conclusions, and appeal were reviewed, by the Planning and Development Committee and a recommendation prepared. Planning and Development Committee Chairman Perry presented report recommending the Council concur, in the findings of the Hearing Examiner as modified, and that the council approve reclassification of the three subject properties from R-3 to R-1 and the matter be referred to the Ways and Means Committee for the proper ordinances. The Committee report recommended modification Of Hearing Examiner conclusion #9 to read as follows:"The natural constraints of the site indicate that a PUD would be a possible and economically profitable approach to development of the site."*MOVED BY STREDICKE, SECOND PERRY TO CONCUR IN COMMITTEE RECOMMENDATION. Jim Irwin, Attorney, Transamerica Development Co., commented on appeal filed on the Hearing Examiner's decision. Following discussion Mr. Irwin claimed Transamerica feels that there is no credible evidence to support the Hearing Examiner's findings and decision. , Robert McBeth, Attorney, Renton Hill Community Association, claimed Hearing Examiner's decision is supported by substantial evidence to• support the change of zoning on Renton Hill. Councilman Stredicke inquired about comprehensive plan for that areaiwidening of the street. Mr. Erickson, Planning Director, noted the comprehensive plan shows the area as single family residential with the exception of Mill Ave. So. Councilman Perry inquired about school transportation in the area. • Renton City.Council 8/14/78 Page 3 Audience Comment - Cont. Renton Hill ' Mr. McBeth noted the younger children go up the hill and older Rezone-Cont. children down the hill to catch the school bus. Councilman Shane noted the area is residential, that the streets are not capable of high density traffic and the city has the right to make certain requirements. Councilwoman Thorpe asked Mr. Irwin to explain his use of the words "credible evidence". Mr. Irwin noted the meaning as substantial evidence. Councilwoman Thorpe noted for the record the action that the committee has recommended does not make a PUD mandatory, but even though we don't put that kind of stipulation on the property, it is important to know that the committee is not disagreeing with statements made by the examiner. ,Asst. City Attorney Kellogg confirmed for the record that at the committee meeting there was no discussion by either party outside the presence of the other.. Roll Call: All Ayes. *MOTION CARRIED. • Recess MOVED BY PERRY, SECOND SHANE TO RECESS 9:55 P.M. . CARRIED. ' Reconvened at 10:05 P.M. Roll Call: All Council members present as previously listed. OLD BUSINESS May Creek Community Services Chairwoman Thorpe presented report that the Drainage May Creek Drainage Plan is proceeding with funding from other Plan sources. Councilman Shane inquired•as to why this subject had not been referred to the utilities committee. Upon discussion' by council it was explained that this is a community project and council had made the previous referral to the Community Services . Committee. MOVED BY THORPE, SECOND CLYMER TO CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. • .208 Areawide Community Services Committee report recommended Council approval Water Quality of 208 Areawide Water Quality Plan formal statement. MOVED BY Plan THORPE, SECOND SHANE TO CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. Earlington MOVED BY THORPE, SECOND PERRY TO REMOVE •EARLINGTON' PARK BID OPENING. 'Park FROM THE CONSENT AGENDA. CARRIED. August 4, 1978 bid opening, two bids received; Earlington Park Construction., Park Board recommended award of contract to Graham Landscape Co. Low bid hid in the amount of $26,139.20. Community Services Committee report recommended the council authorize awarding of the bid and transfer of funds as requested. Moved by Clymer, Second Thorpe to concur in committee recommendation. Substitute Motion: MOVED BY STREDICKE, SECOND THORPE TO AMEND THE MOTIONAND REFER TO THE WAYS AND MEANS COMMITTEE. Councilman Shane inquired as to financing. Mayor Delaurenti explained the money received from County for this project. Councilwoman Thorpe noted the moeny has been drawn from other projects that would not be completed this year. Mr. John Webley, Parks Director, explained projects that money would come from. Councilwoman Shinpoch inquired if the area people had been notififed of developments and changes made. Mr. Webley noted they were aware. MOTION CARRIED. • • Main Fire Station Councilman Stredicke inquired as to reports requested last week . from Administration re main fire station, and appointment of Airport Director part-time airport director. Mayor noted the fire station report Appointment was. completed and distributed and report would be forthcoming on.,the•appointment. MOVED BY STREDICKE, SECOND THORPE THAT FIRE STATION REPORT AND MATTER BE REFERRED TO PUBLIC SAFETY COMMITTEE FOR REVIEW AND REPORT UNTIL COMPLETION OF PROJECT. CARRIED. • • • • PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT • AUGUST 14, 1978 • File No. R-178-78 _ Transamerica Development Company Appeal of Hearing Examiner's Decision dated July 12, 1978 The Planning and Development Committee has considered the record and the Hearing . Examiner's written decision, findings and conclusions in the above matter. The Committee finds that, except as noted below, each material finding and conclusion • set forth in the Examiner's decision is supported by substantial evidence in the record. Except as noted below, the Committee recommends that the City Council adopt all of the Examiner's findings, conclusions and recommendations. • The Committee finds that there was admitted into evidence. an application for a tentative Planned Unit Development dated April 28, 1978, for single' family and •town house development on a portion of the subject premises, and labeled as "Cedar Crest PUD: " . (Exhibit No. 34) The Committee finds that. this application was properly admitted into evidence for the sole purpose of rebuttal of the property owners following contentions: A. That the rezone of the property to R-1 precludes use of the property for any purpose to which it is reasonably adapted. B. There is no possibility for profitable use of the property under the restrictions of the rezone. C. That the greater part of the value of the property is' destroyed by the rezone. • The Examiner's conclusion that ". . . . a PUD would be a necessary approach to development on the site" was beyond the jurisdiction of the Examiner and not supported by substantial evidence. The first sentence of Conclusion No. 9 should be modified to read as follows : "The natural constraints of the site indicate that a PUD would be a possible and economically profitable approach to development of the site. " RECOMMENDATION The Planning and Development Committee recommends that the City Council concur in the Findings of the Hearing Examiner and the Conclusions as modified above, and that the City Council approve reclassification of the three subject properties from R-3 to R-1 and that the matter be referred to the Ways and Means Committee for ,the proper ordinances. •. • .( A i • ^ . • eot(le Perry, Chairman Patricia cia Seymour-Thorpe � � Barbara Shituoch OF' Et • 4► o THE CITY OF RENTON ®� Q` Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 8 0 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER ky O,p Q` L. RICK BEELER , 235-2593 41-to SEP1�� July 21, 1978 Members, Renton City Council Renton, Washington RE: File No. R-178-78; City of Renton Rezone Request; Notice of Appeal of Examiner's Report & Recommendation. Dear Council Members: On July 20, 1978, an appeal of the referenced request was received by the City Clerk within the time period established by ordinance. We, are forwarding copies of the letter which was filed by James R. Irwin, legal counsel for Transamerica Development Corporation, as well as copies of correspondence pertaining to requests for clarification of the Examiner's recommendation by parties of record in the public hearing. In accordance with ordinance requirements regarding the appeal process, the matter will be scheduled on the agenda for the Renton City Council meeting of August 14, 1978, a period of 28 days following the publication of the report. If you require additional assistance or information regarding this matter, please contact the Hearing Examiner. Sincerely, L. Rick Beeler Hearing Examiner MP:mp Attachments cc: Planning Department .City Clerk _ A. • THE CITY . OF RENTON U �� MUNICIPAL SUILOINO. 200 MILL AVE. SO. RENTON.WASH.911056 • .. CHARLES J. DELAURENTI, MAYOR • DELORES A. MEAD • g 9,b . Q CITY CLERK 44rE0 '�. July 20, 1978 APPEAL FILED BY : James R. Irwin David H. Binney • . Shidler, McBroom, Gates & Baldwin 1000 Norton Building Seattle , Washington 98104 223-4666 Attorneys' for Transamerica Development Company Re : Appeal of. Land Use Exaaminer'' s Decision dated 7-12-78, Transamerica Developlkent Company, - • - R-178-78, from R-3' to R-1 To Parties of Record : ' Appeal of Land. Use Hearing Examiner ' s decision has been filed with . the City Clerk ' s Office on July 20, 1978, along with the proper. fee of $25. 00, pursuant to Title 4, Ch. 30, City Code, as amended . The City Code requires the appeal must 'be set , forth in Writing . The written appeal and. all .other pertinent documents will be reviewed by the Council ' s Planning & Development Committee. Please contact the Council Secretary, 235-2586, for date and time of the committee meeting if so desired . NOTICE IS HEREBY GIVEN that the above-referenced appeal will' be considered by the 'Rento'n . City Council at its regular meeting of August 14 , 1978 at 8 ;00 'p .m. in the Council Chambers , 2nd Floor , Municipal Building , 200 Mill Ave. S. , Renton. YOurs very truly, CITY OF RENTON' ' 4bta1O7)tia4 . Delores A. Mead , C.M.C. • City Clerk . DAM: fd' cc : Parties of Record • p;; .,111 197 at • 1 (James R. Irwin • `- ;t+,l t RE�yYON (David H. Binney CIFF�S LFFtCE\ 2 Shidler, McBroom, Gates & Baldwin � � L,� 1000 Norton Building �L9 ,'�r 3 Seattle, Washington 98104 223-4666 RECEIVED 4 Attorneys for Transamerica CITY OF RENTON Development Company • HEARING EXAMINER 5 JUL 2 01978 1 AM PM I 6 7,8I9,t8,11I1211'2131415,6 • 7i 8 IN PROCEEDINGS BEFORE L. RICK. BEELER, HEARING EXAMINER 9lIn Re ) 101CITY OF RENTON REZONE ) File No. R-178-78 • (APPLICATION ) 111 ) NOTICE OF APPEAL OF EXAMINER'S DECISION TO 121 ) CITY COUNCIL 13 ) 14 : Transamerica Development Company, pursuant to Section 4-3016 15 :oi the City of Renton Land Use Hearing Examiner Ordinance, appeals 16 �tc and seeks review by the City Council of the decision of the 17Hearing Examiner; and the Findings, Conclusion and Recommendations 18jmade in support of the decision, entered herein on July 12, 1978. • 19 The specific errors relied on are: 20 1. The city, as the proponent of the rezone, did not 21 'sustain its burden of proof to show that conditions have sub- i 22 ;stan'_ially changed since the original zoning of the subject 23:property, and that the 'rezone was required in the public interest 24 'as a result of such.change. 25i 2. The city did not sustain its burden of proof to show 26jt6L:t the proposed rezone bore a substantial relationship to the 27 'public health, safety, morals or welfare. 28I 3. The decision of the Hearing Examiner to downzone the 29isubject property constitutes an unconstitutional taking of 30iTransamerica's property without just compensation. The expert 31 testimony given by Frank Raney, an MAI Appraiser, that the down- 32 !zoning would result in a $236,250.00 reduction of the fair market l AW OFFICES OF ;i NUT ICE OF APPEAL - 1 SHIDLER.McBROOM.GATES&BALDWIN 1000 NORTON BUILDING SEATTLE.WASHINGTON 98104 9 • 223.4666 • llvalue of Transamerica's property was unrebutted. The greater 2 portion of the value of Transamerica's property is destroyed by • 3 the rezone. 4 4. The decision to rezone the' property constitutes arbitrary 5 and inverse spot zoning. 6, 5. The decision is arbitrary and capricious and contrary to 7 law. • 81 6., The decision is unsupported by credible evidence. 9 ! 7. The examiner erred in considering the tentative .P.U.D. 101 (Ex. #34) and application for P.U.D. (Ex. #45) in the face of 11',testimony that the property subject to the P.U.D. had not been • 121sc1d to the party who submitted it, and he had no ownership • •131interest in the property. • 14j 8. The examiner's conclusions that everyone was in agreement. 15 :that (1) "inconvenience would occur to motorists using the streets 16 ;on Renton Hill due to traffic produced by R-3 development" and 17 that (2) "a P.U.D. was appropriate for the site", were not based 181on credible evidence and therefore arbitrary and capricious 19 , (Conclusion #3) . 20 ; 9. The examiner's conclusion that R-1 zoning would permit a 21 reasonable return on the original investment and reasonable use 22 !of the property was unsupported by any credible evidence and was 23 ; clearly erroneous (Conclusion #5) . There was no evidence (1) I , 241that the cost of development would be only $12,000/acre, or (2) • • 25Ithat single family lots in the subject property (which is closer I 26to the freeway and steeper in slope than the rest of the neighbor- i 27lhood) would sell for $20,000.00, and there was no evidence given I 281that justified this conclusion. 29 10. The examiner's finding that the benefits to the public 30 heal'th, safety and welfare outweighed the burden on the property 31 owner was not supported by substantial or credible evidence 32 (Conclusion #10) . Evidence submitted by the City of Renton was to LAW OFFICES OF NOTICE OF APPEAL -.2 SHIDLER.McBROOM,OATES&BALDWIN 1060 NORTON BUILDING SEATTLE,WASHINGTON 96104 223.4666 11the effect that increased traffic from R-3 development at more 2ithan 7 units per acre could be absorbed with some inconvenience 3 to motorists. A finding that such inconvenience outweighs the 4 burden on the property owner imposed by the downzone is clearly 5 erroneous. 6 11. The examiner's finding that the application for rezone 7 was not arbitrarily and capriciously filed for reasons of disbenefi, 8 to the subject properties, is not supported by credible evidence 9and is clearly erroneous. The evidence was that property on Mill 10 Avenue South, which was not distinguished from the subject 11 property, retained its R-3 zoning. Furthermore, no evidence was 12 submitted regarding the nature of the .other properties about 13jwhich a rezone would be initiated. 14 12. The examiner erred in considering or giving weight: to 151the Renton City Council's December 5, 1977 amendment to the 161Comprehensive Plan, said amendment and "resulting plan being 17 .invalid due to (1) inadequate notice of public hearings,. (2) 18 'failure to comply with the State Environmental Policy Act of _--�— 1911971, (3) interfering with Transamerica's contractual rights 20 !and/or expectancies, (4) encouraging the taking of Transamerica's 2111and without fair compensation, (5) acting in an arbitrary, I 22 capricious and.discriminatory way toward Transamerica's property, 23 !and (6) acting in violation of the appearance of fairness doctrine. 24 ; The time and date when the council will consider the appeal 25 i is: ., ;r\ lY\c„cku.1 i`L°_� i'\� I`l 1s 1 ;' JL, c.i tl,.. 't ,ny 26 l�,r. 1 i 'i. r�.. . . LL'' 27 DATED this +L° day of July, 1978; 28 SHIDLER, McBROOM, GATES & BALDWIN 29 By 30 mes R. Irwin, Attorney for Transamerica Development 31' Company 32 LAW OFFICES OF NOTICE OF APPEAL - 3 SHIDLER.McBROOM.GATES IS BALDWIN 1000 NORTON BUILDING SEATTLE.WASHINGTON 98104 223-4606 1 AFFIDAVIT OF MAILING 2 This is to certify that copies of the Notice of Appeal were . , 3 mailed to Lawrence J. Warren, City Attorney, and to Robert E. 4 McBeth, attorney for the Renton Hill Community Association, and _ . • ' 5 to the following parties on the mailing list: 6 Kathy Keolker, 532 Cedar Avenue S., Renton, ,WA 98055 . • Ruth Bradley, 709 High Avenue S., Renton, 'WA 98055 • " 7. Peggy Jernigan, 412 Mill Avenue S., Renton, WA 98055 Ruth Larson, 714 High Avenue S., Renton, WA 98055 . 8 Amelia Telban, 508 Cedar Avenue S., Renton, WA 98055 . Jim Breda, 1002 Grant Avenue S., Renton, WA 98055 9 Robert McBeth, 1906 Rolling Hills Ave. S.E., Renton, WA 98055 . • Dennis Stremick, 2532 Smithers Avenue S., Renton, WA 98055' ' 10 Jim Irwin, 1000 Norton Building, Seattle, WA 98104 Ahmed Jaddi, Consulting Engineers, Milligan, Anderson, 11 Jaddi, •Building C-10, Fisherman's Terminal, Seattle, WA 98119 12 Frank Raney, 16625 Redmond Way, Suite 206, Redmond, WA 98052 Bill Montagne, Transamerica Development• Corp., 600 ' 13 Montgomery Street, San Francisco, CA 94111 John Albertson, 155 N.'.35th, Seattle, WA 98103 14 Mrs. Ray Hansen, 336 Mill Avenue S., Renton, WA 98055 ' Mary Lou Gustine, 910 High Avenue S., Renton, WA 98055 15 John Giuliani, 1400 S. 7th, Renton, WA 98055 Dennis L. Linch, 320 Mill Avenue S., Renton, WA 98055 16 Jerry Glenn Dunnihoo, 434 Mill Ave: S., Renton, WA 98055 Mr. & Mrs. F. G. (Mike) McCutcheon, 918 Renton Ave. S., 17 Renton, WA 98055 • Eric Pryne, Seattle Times South Bureau, 320 Andover Park E., • 18 Tukwila, WA 98188 • . Nancy Sparrow, 316 Renton Ave. So., Renton, WA 98055 . , 19 Joe McCaslin, 17637 S.E. 123rd Place, Renton, WA 98055 20 Renton Record-Chronicle, P.O. Box 1076, Renton, WA 98055 Joan Walker, 1433 Monterey Ave. N.E., Rentdn,. WA 98055 , • 21 and to: 22I Mayor Charles J. Delaurenti . Councilman Richard M. Stredicke 23 Councilwoman Patricia Seymour-Thorpe j Warren C. Gonnason, Public Works Director • 24 Gordon Y. Ericksen, 'Planning Director Ron Nelson,' Building Division i' • 25 Lawrence J. Warren, City Attorney . 26 27i pUBSCRIBED AND SWORN to before me this 2 day of • 30 Notary bli in and for the'• . State ofa on t , id resing; ` 32 D18/2 1 JRI:cz 7/20/78 LAW OFFICES OF •• SHIDLER,McBROOM,OATES&BALDWIN • NOTICE OF APPEAL - 4 1000 NORTON BUILDING SEATTLE.WASHINGTON 90104 . 223.4888 • ' 4,6 OF R ;d �o THE CITY OF RENTON U `o G I. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 r CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER 'O 4 L. RICK BEELER , 235-'2593 4)41, 04e ED SE Ptt July 20, 1978 Kathy Keolker, President Renton Hill Community Association 532 Cedar Avenue South Renton, WA 98055 RE: File No. R-178-78; Renton Hill - City of Renton Rezone. Dear Mrs. Keolker: The Tyrrell and Puget Western, Inc. properties do not meet the minimum size for development of a. Planned Unit Development (Section 4-2708, Renton Planned Unit Development Ordinance) . Therefore, unless an exception is requested and granted by the Examiner under Section 4-2714, development. of these properties would be under the R-1 zoning requirements of Section 4-706 (Zoning) which would permit single family subdivision per Chapter 11, Renton Subdivision Ordinance. If an exception is granted, it appears that a P.U.D. may be possible if desired by the property owners. My intent in stipulating that the properties be developed under the P.U.D. Ordinance was that this would occur where the P.U.D. requirements (Section. 4-2708) could be met. I trust this clarifies my recommendation. Sincerely,_ j L. Rick Beeler ' Hearing Examiner cc: Mayor Charles J. Delaurenti Members, Renton City Council Lawrence J. Warren; City Attorney Gordon Y.. Ericksen, Planning Director Warren C. Gonnason, Public Works Director Parties of Record � 0F RED t o THE. CITY OF RENTON tr. Co MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o O1 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER 9 co' p ,f L. RICK BEELER , 235-2593 •P4rED SE P • I • • July 19, 1978 . Members, Renton City Council Renton, Washington • RE: File No. R-178-78; City of Renton Request for Rezone. Dear Council Members: , • Attached is the Examiner's Report and Recommendation on the referenced rezone request, dated July 12, 1978. The appeal period for the application expires on July 26; 1978, and the report is being forwarded to you for review by the Planning and Development Committee following the seven-day period from the date of publication. • The complete.-file will be transmitted to the City Clerk on July 27,, 1978, and will be placed on the Council agenda of August 7,. 1978. If.you require additional assistance or information regarding this matter, please contact the undersigned. Sinc e r L. Rick Beeler Hearing Examiner cc: Planning Department City Clerk July 18, 1978 • • Mr. L. Rick Beeler Land Use Hearing Examiner • City of Renton Renton Municipal Building Renton, Washington 98055 . Res Renton Hill - File No. R-178-78 Dear Mr. Beelers In addition to the request for clarification submitted by, our attorney on July 17 , 1978, we have an additional question. Concerning the property owned by Mrs. Tyrrell and the property owned by Puget Western, we would like clarification of your intent for these properties. They do not meet the minimum acreage for development under the Planned Unit Development Ordinance. • For parcels that do not meet the minimum requirements, do they fall under the general R-1 zoning classification and would they be available for traditional sub-division? We would appreciate clarification of this matter. Sincerely, Km -jj k Kathy Keolker, President Renton Hill Community Association 532 Cedar Avenue South Renton, Washington 98055 • • CI TYRECEIOF RENTON VED HEARING EXAMINER JUL 2 01978 AM PM 71R191t0,1111211 i21314,516 • • of c THE CITY OF RENTON c" ti 7. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 0 IMINe CHARLES J DELAURENTI , MAYOR * LAND USE HEARING EXAMINER O �@- L. RICK BEELER . 235-2593 0444PEO SE PI July 18, 1978 Robert E. McBeth Gouge, McBeth & Faull Attorneys at Law P.O. Box 26 Renton, WA 98055. RE: File No. R-178-78; City of Renton Request for Rezone. Dear Mr. McBeth: My intent in the condition of my recommendation regarding this matter is for only residential development to occur per the Planned Unit Development process of Chapter 27. 'The density of this development would be according to the recommended R-1 zoning classification. This would conform to Sections 4-2703.9, 4-2706, 4-2707, and 4-2709.2.C. 3 (Chapter 27) pursuant to the R-1 zoning designation (Section 4-706) . I trust this clarifies my recommendation in response to your inquiry. Sinoenay, - ";) L. - 'ck Beeler Hearing Examiner cc: Mayor Charles J. Delaurenti Members, Renton City Council Lawrence J. Warren, City Attorney Gordon Y. Ericksen, Planning Director Warren C. Gonnason, Public Works Director Parties of Record • • GOUGE. MCBETH & FAULL • ATTORNEYS AT LAW H. DOIIALD GOUGE P. O. BOX 26 ROBERT E.McBETH S05-B SOUTH THIRD STREET GARY F. FAULL RENTON,WASHINGTON 98055 ALPINE 5-5600 • July 17 , 1978 Mr. L. Rick Beeler Land Use Hearing Examiner City of Renton Renton Municipal Building Renton, Washington 98055 Re: Renton Hill - File No. R-178-78 Dear Mr. Beeler: • We are in receipt of your final Report and. Recommendation to the Renton City Council, in the above referenced matter, dated July 12, .1978 . We must advise you that some con- fusion has arisen. regarding your phrase "subject to occur- rence of development under the Planned .Unit Development Ordinance, Chapter 27" . Before responding to the Report and Recommendation, may we ask for some clarification or explanation regarding this phrase so that we will under- stand your intent in that regard. Your assistance in providing this clarification would certainly be appreciated. Very. t fly y rs, a L i^, / c ROBERT E. McBETH Attorney for Renton .Hill Community Association REMcBimr RECEIVED CITY OF RENTON' HEARING EXAMINER JUL181978 AM PM 7i8e9,10111i12i1 e2e3.4e5,6 • PUGET W8STERN, INC. ..15d!T]: 11.1.1.10.1110 Puget Power Building, Bellevue,WA 98009 (206)454-6363 July 12 , 1978 Hearing Examiner • • City of Renton • 200 Mill Avenue South Renton, Washington 98055 Re : File 1R-178-78; City of Renton Rezone Request Dear Sir: • Puget Western, Inc. , as property owner of Tax Lot 195 , concurs with your request to extend the review period for the above referenced project to 30 days. Very truly yours, 7-27 • a L—p Leslie A. Donner Vice President • LAD/CRC:mm ' cc: Mr. L. E. Hall • RECEIVED Cfl Y OF RENTON HEARING EXAMINER • JUL141978 A M PM MO110'1111201 i23#415 6 OF • R E' 4 -v . . v �r z o THE CITY OF RENTON �:� ? MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH.�0'36 • 0 mom '= 01 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER P. • . ca. • .Oo �Q. L. RICK BEELER . 235-2593 • ea SEPIt . July 10, 1978 . Mr.- Bill Arthur Land Management,Division 0 Puget Western, Inc. . Puget Power Building Bellevue, WA 98009 RE': File No: R 178-78; City of Renton Rezone Request. Dear Mr. Arthur: The Land Use, Hearing Examiner for the City. of Renton recently conducted • 'a public hearing for rezone of certain properties from R-3 -to R-1 in the Renton Hill'area, one of which is owned by Puget Western,' Inc. , Tax Lot 195 consisting of .81 acres', located south of Cedar Avenue S. The public hearing was held on June 13, 1978, continued to June 20, 1978, and' subsequently closed on that date with the agreement that the Examiner would be allowed more than the normal 14-day period to render ,a recommendation on the matter As. a result of .the large volume of material , to be reviewed and researched. Representatives for two' of. the property • owners involved in the rezone hearing, Transamerica DevelopMent. . Corporation and Renton Hill Community Association, were in attendance , at the hearing and 'indicated their concurrence in the Examiner's request to extend the period for review to 30 days. In order to comply with certain legal .requirements, it will be necessary to receive concurrence . from your company, . as an affected property',owner, in this request to extend the review period. . • We would appreciate your written response to this matter as soon as possible. All correspondence should be directed to the Hearing' Examiner, City of Renton, 200 Mill Avenue S. , Renton, WA, 98055, and reference made to rezone application, R-178-78, city of Renton. Sincerely /�Ir� �e�►�iw. . .• . .. lill L. Ric Beeler. - , Hearing Examiner . 4 O1 "4 U CO Q 'Z ., OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON h .. POST OFFICE BOX 626 100 2nd AVENUE BUILDING I RENTON, WASHINGTON 98055 255-8678 A COY O �Q- LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY ,Q4Tt0 SEP1 . JULY 5 , 1978 MEMORANDUM TO: Rick Beeler, Hearing Examiner FROM: Lawrence J.Warren, City Attorney Re: Renton Hill Rezone Dear Rick: I have been asked to correspond with you concerning your stated inability to render an opinion on the Renton Hill Rezone within the time given to you by City Ordinance. It is my opinion that if it is in fact impossible for you to render that opinion within the required time , and, if there is no showing that the delay was unreasonable or prejudicial to any party, then you may have the additional time . I might note that this opinion is consistent with State case law. The Supreme Court of this State recently set down such a ruling in the case of In Re Donohoe , 90 Wn (2d) , 173 (June 1978) . In that case the State said : "The delay was not unreasonable in view of the necessity of obtaining and reviewing 3 days of testimony , plus the exhibits . That fact , coupled with no claim or showing of prejudice , justifies denial of a dismissal . " In that particular case a hearing board of the State Bar Association was to be able to render an opinion within 20 days as required by Court rules . I find that situation analogous to yours and find that )he delay, appropriate . '(("1 to v-2c t( <\ r., Lawrence J.-VArren LJW:nd cc : Mayor RECEIVED Council Members CITYOF RENTON Del Mead HEARING EXAMINER JUL 61978 PM 7,Ae9,leellel211,2,3141 .6 R ft OF 4 v , o THE CITY OF RENTON `r ` MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 Z c o = • CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER O � - L. RICK BEELER , 235-2593 4,ta SEP1oO June 28, 1978 Mr. John Albertson 1555 N. 35th Seattle, WA 98103 RE: File No. R-178-78; City of Renton Rezone Request. Dear Mr. Albertson: As you know, the City of Renton Hearing Examiner recently conducted a public hearing for rezone of certain properties from R-3 to R-1 in the Renton Hill area, one of which is owned by Mary Tyrrell, whom you represented at the public hearing held on June 13, 1978. The hearing was closed on June 20, 1978 with the agreement that the Examiner would be allowed more than the normal 14-day period to render a recommendation on the matter as a result of the large volume of material to be reviewed and researched. Representatives for two of the property owners involved in the rezone hearing, Transamerica Development Corporation and Renton Hill Community Association, were in attendance at the hearing and indicated their concurrence in the Examiner's request to extend the period for review to 30 days. In order to comply with certain legal requirements, it will be necessary to receive concurrence from Mrs. Tyrrell, as an affected property owner, in this request to extend the review period. We would appreciate your written response to this matter as soon as possible. All correspondence should be directed to the Hearing Examiner, City of Renton, 200 Mill Avenue S. , Renton, WA 98055, and reference made to rezone application, R-178-78, City of Renton. Sincerey, 4- _ L. Rick Beeler Hearing Examiner NOTE: Mr. Albertson verbally concurred with the Examiner's request per telephone conversation on July 6, 1978. OF RA, A. A. 4$ OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON, WASHINGTON 98055 255-867e LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY O1�TEO SEP��O�P June 22 , 1978 MEMORANDUM TO: Rick Beeler, Hearing Examiner FROM: Lawrence J. Warren, City Attorney Re : Renton Hill Dear Rick: In response to your Memo dated June 9 , 1978 , concerning division of Renton Hill into separate portions for rezone consideration, please be advised that it is my opinion that such action will not pose any problems for your decision or the pending litigation . I do not believe the entire area should be considered as one entity as this might be considered as area-wide zoning under the jurisdiction of the Planning Commission. Furthermore, I suggested that this one particular area be considered so as tblimit the number of pages of transcript that will be necessary if the area is rezoned and Transamerica follows through with its threatened lawsuit. To burden the record with pages of irrelevant testimony as to the Transamerica nroperty would be unduly time consuming and expensive to trans- cribe . I hope this adequately answers your qu stion. Lawrence J. Wi'ax ren LJW:nd • cc : Gordon Ericksen Mayor Council President Chairman, Planning a Development Committee Dan Kellogg RECEIVED CITY OF RENTON HEARING EXAMINER JUN 2 31978 AM PM 7,Ra911011L 12114213,4 t5t6 Tyrrell's Inc. NOTE: This letter was received and accepted by the 155 North 35th Examiner following closure of the public hearing P.O. Box 30756 regarding File No. R-178-78 due to the fact that Seattle, WA 98103 Mr. Albertson was unable to attend the continued hearing on June 20, 1978. June 22 , 1978 Mr. L. Rick Beeler ' City of Renton, 200 Mill Ave. So. • Renton, Washington 98055 Dear Mr. Beeler, In discussion with Mrs. Tyrrell she expressed great concerns over the possible re-zoning of her property. There was a .great deal of emotionalism at the meeting on the 13th of June by some residents of the "first hill" . It was almost as if they had decided that there was a potential problem in their midst and that it might be in 'their own best interests to enlist the aid of the City of Renton to forestall any possibility no mat- ter the costs or hardships to others . It reminded her of a sort of "vigilante" group in reverse. In this case the creation of financial hardship and an injustice by selfish group actions at- tempting to take something of value from an individual without the individuals permission and without compensation. This,' of course, really defines ,theft. It amounts to condemnation of her property and she should be compensated if it is allowed to happen. If the residents of first hill were requested to pay the cost of devaluation or suppose $250, 000 .00 I suspect they would very quickly adjust to the idea of an imaginary, changed traffic pattern, or more school buses . • On the positive side, an attractive multiple dwelling complex would be an asset to the aesthetics of the community. There is a definite need for more and better housing in all communities. The cost of building single family residences prohibits lots of good decent families from owning their own homes and they should.. not be denied the proximity to good transportation and family ser- vices by a group of selfish people . The surrounding business com- munity would benefit from increased needs. I hope that you will be honest and fair in retscomitnding that the R-3 zoning for which she paid for and paid taxes on these years and for which there is a need, be retained. Sincerely, RECEIVED CITY OF RENTON pi HEARING EXAMINER AM JUN 2 31978 • . n C. Albertson 1 PM 7,R,9110,11 f121112s3i4;516 • • 11/ 4 -v ?+. • 0 THE CITY OF RENTON 4§ CD 2 MUNICIPAL BUILDING 200 MILL AVE.SO.. RENTON.WASK.111085. A a if 0 4-37 CHARLES J. DELAURENTI • MAYOR • LAND USE HEARING EXAMINER .Or L. RICK BEELER . 235-2593 440 SE Pltw June 21, 1978 . . • TO: Lawrence J. Warren, City Attorney FROM: •L. Rick Beeler, Hearing Examiner • SUBJECT: File No. R-178-78, City of Renton Rezone Request During the public hearing on this application, two legal briefs were submitted outlining several court cases and their precedence (Exhibit' #9 and #38) . Please review these briefs and provide your conclusione for my consideration relative to this application. Your response will be needed as soon as possible. Thank)you. _ • _ ;iottAIP,:. • - ‘trandoj. L. • ck Beeler Hearing Examiner We- \19213Pk. a),K \i -aekspiti°13 -Paul JULY term MV- V\I-Agittal C5OFIRMED -Ripyr i . MOsT 013-SIPER-Na 660er cA51ES it1/4MINEC, 65scricANARey • alettisoj 4100 f/4V4:)Cif6E, • • 4 OF R. A `� o THE CITY OF RENTON .2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 90055 0 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER Apgl � Q L. RICK REELER . 23572593 f0 SEP1t June 16, 1978 Mr. James R. Irwin Shidler, McBroom, Gates & Baldwin 1000 Norton Building Seattle, WA 98104 RE: File No. R-178-78; City of Renton Request for Rezone. Dear Mr. Irwin: Enclosed are copies of, requested exhibits submitting during the public hearing on June 13, 1978. I have also enclosed a copy of the Building Division response to the Examiner's request for building activity data on Renton Hill since 1963. It is doubtful that other requested information will be available prior to late Monday afternoon, but I will contact you upon receipt. Sincerely, S Marilyn e1:•(Petersen • Adm. Asst. OF R41ti • 4. 0 THE CITY OF RENTON `$ © MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 98055 • • • °' • CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER • p-10 �Q� L. RICK BEELER . 235-2593 • ,TfDSEPW- ' • June 14, 1978 • • TO: Warren C. Gonnson, Public Works Director • FROM: L. Rick Beeler, Hearing Examiner ' SUBJECT: File No. R-178-78; City of Renton Request for Rezone • • The public hearing on this, application was continued to June 20, 1978 in order for your department to provide the following information: • • 1. Analysis of existing traffic .capacities and volumes on Mill Street at the access point to Renton Hill. . 2. Analysis of. the existing traffic capacities and volumes on Cedar Avenue S. , Renton Avenue S. , South 7th Street, South 9th Street, . South' 10th Street, and South llth Street. Can these streets and the aforementioned absorb additional traffic? If so, how much?' • 3. Analysis .of the traffic capacities, circulation and volumes on ' these streets in 1963. Please provide what information you have regarding this. . • 4. What date was FAI-405 begun, and completed? 5. Analysis of alternative access to the subject properties in view of the existing' R-3 zoning. What studies, if any, were done regarding • the extension of Grant Avenue South? Please consult with the Planning Department relative to this request. • This information will be needed prior to or during the hearing of June 20, 1978. • • • Th• . ' ou. • • • L. Rick Beeler • • cc: Planning Department • 0 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER L. RICK BEELER . 235-2593 TFO SEP1t June 14, 1978 TO: Gordon Y. Ericksen, Planning Director FROM: L. Rick Beeler, Hearing Examiner SUBJECT: File No. R-178-78; City of Renton Request. for Rezone. Per the public hearing on this application, the following information is requested for consideration during the continued public hearing of June 20, 1978: 1. What zoning existed on the property prior to the rezone of 1963? 2. Analysis of the development characteristics on Renton Hill in 1963, e.g. ; density, circulation, housing conditions, etc. This information will be needed prior to or during the hearing of June 20, 1978. Thank ypu. L. Rick Beeler 4 of': • • - v • • THE CITY OF RENTON • `b ® Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH.98055 . . 9 = CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING .EXAMINER • <17 • 'O L. RICK BEELER . 235-2593 O• ��TED SEP�E��' • • • June 14, 1978 • • TO: Ron Nelson, Building Division • 'FROM: L. Rick Beeler, Hearing Examiner • SUBJECT: • . :File•No. R-178-78; City of Renton Rezone Request The. public hearing on this application was continued to June 20, 1978 , ' in 'order for your department to list by year from 1963 to 1976 the • number of .building permits for new homes and for remodeling in the Renton Hill area. • • Please consult with the Planning Department concerning this request. This information will be needed prior to or during the hearing of ' June 20, 1978. Thank you. • • • • L. Rick Beeler • cc: Planning Department • • „ 4 -v, et 0 THE CITY' OF RENTON qe° elp MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 A wiL co mei. CHARLES J. DELAURENTI• MAYOR • LAND USE HEARING EXAMINER le kr L. RICK BEELER . 235-2593 PeD SE Pit June 9, 1978 . TO: Lawrence J. Warren, City Attorney • FROM: L. Rick Beeler, Hearing Examiner SUBJECT: Renton Hill The Planning Department has divided this area into separate portions • for my consideration. Next Tuesday, June 13, 1978, I will conduct a public hearing on the first portion. My question is, will, this division of the whole area in question pose any problem for my decision or the pending litigation? Shall the entire area be considered as one entity? • ..4w, eiViArar L. Pick Beeler Hearing Examiner • cc: Planning Department Chairman, Planning & Development Committee • • Vay • . AFFIDAVIT OF SERVICE BY MAILING • State of Washington) • County of King ) • • • • Marilyn J. Petersen , being first .duly sworn, upon oath disposes and states: • That on the 12th day of July , 19.78 , affiant • ' deposited in the mails of the United States a sealed envelope • containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. • • • • Subscribed and sworn this ' = day of • S�1/ a 191,, r Notary Pu lic in and for the State ` • of Washington, residing at Renton / , Application, Petition or Case : City of Renton, •R-17S1-73 (The minuted contain a Q,i.e.t (16 the pai,ti.ee 0.6 n.econdd) July 12, 1978 OFFICE OF THE LAND USE BEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: City of Renton FILE NO. R-178-78 LOCATION: Property is on the west side of Renton Hill south of S. 7th Street; east of FAI-405; north of the Puget Sound Power and Light Company transmission line easement and east of the subdivided property. SUMMARY OF REQUEST: Applicant initiated a rezone from R-3 District, Medium Density Multi-Family to R-1, Single Family District. SUMMARY OF Planning Department: Recommend approval. RECOMMENDATION: Hearing Examiner: Recommend approval with conditions. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on June 9, 1978. . PUBLIC HEARING: After reviewing the Planning Department report, examining available information oh'file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: • • The hearing was opened on June 13, 1978 at 9:04 a.m. in the Council Chambers of the Renton Municipal Building. The Examiner disclosed being acquainted with certain residents on Renton Hill although he advised that discussion regarding the subject application had not occurred and the relationships would not interfere with his ability to objectively review the request and render a recommendation on the matter. He asked if parties in attendance objected to proceeding with the hearing on the basis of the disclosure. There was no objection. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner, the property owners, and interested parties had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Gordon Y. Ericksen, Planning Director, reviewed Exhibit #1., Mr. Ericksen clarified the purpose of the series of hearings to review the'zoning of the entire Renton Hill area in phases, beginning with the subject request, in response to recent amendments to the Comprehensive Plan by the City Council. He noted a correction in Section E., paragraph three of Exhibit #1 in the first, fourth and sixth lines to change the word, "subsistence," to "subsidence," and reported that the Goals and Policies Statement of the Comprehensive Plan should be included as applicable sections of the Comprehensive Plan or other official city documents listed under Section K. of the report. • Gary Kruger, Senior Planner, submitted and reviewed the following exhibits: • Exhibit #2: Aerial Photograph of Renton 'Bill and Surrounding Areas Exhibit #3: Topography Map Exhibit #4: King County Assessor's Map Mr. Kruger presented a series of 24 slides .depicting existing topography, streets, structures, park and coalfields of the Renton Hill area and the subject site. The slides were labeled Exhibit #5 by the Examiner. Mr. Ericksen submitted an excerpt from Renton Planning Commission minutes, dated September•25, 1963; reporting approval of the original rezone of the subject property to R-3 designation. The minutes were labeled Exhibit #6 by the Examiner. He also referenced minutes of•the•Planning' Commission and Renton City Council meetings relative to the .recent amendment to the Comprehensive Plan for the Renton Hill area. The minutes were labeled as follows: Exhibit #7: Minutes of the Planning Commission, dated September 14, 1977 and October 12, 1977. R-178-78 Page Two Exhibit #8: Minutes of the Renton City Council, dated November 21 & 28, 1977, and December 5 & 19, 1977. The Examiner reported receipt of a legal brief from James R. Irwin, legal counsel for Transamerica Development Corporation, dated June 9, 1978. Responding to the Examiner's inquiry, Mr. Irwin indicated that the brief would be reviewed during his subsequent testimony. The brief was labeled Exhibit #9 by the Examiner. The Examiner requested testimony in support of the application. Responding was: Kathy Keolker 532 Cedar Avenue S. Renton, WA 98055 • Mrs. Keolker, President of the Renton Hill Community Association, entered copies of two petitions previously submitted to the Planning Commission and City Council during public hearings held during 1977 regarding the proposed amendment to the Comprehensive Plan for the Renton Hill area. The petitions, labeled Exhibit #10 by the Examiner, contained a request for rezone of Cedar Avenue S. in its entirety for single family dwellings and expressed concern regarding traffic volume, parking, street width, access, safety, alleys, crime rate, childrens' safety, school busing, property values, quality of the neighborhood, noise level, community facilities and utility systems. To support her testimony concerning the character of Renton Hill as a self-rejuvenating, vital community, Mrs. Keolker entered the following exhibit: Exhibit #11: Photographs (39) of Renton Hill Residences She emphasized that establishment of R-3 zoning of the subject property in 1963 occurred prior to the existence of a comprehensive plan to promote orderly growth within the city. Mrs. Keolker stated that additional multi-family development on Renton Hill would destroy the unique, residential character of an established neighborhood consisting of many generations of residents. Referring to existing access roadways, she advised that residents on Cedar Avenue S. had recently participated in an LID which resulted in the creation of an inadequate,. narrow street, and that existing steep grades and blind spots on S. 7th Street and Renton Avenue S. create dangerous safety hazards, particularly during winter months. Mrs. Keolker reported that condominiums constructed on Cedar Avenue S. during 1977 have not received final building code approval to date and remain vacant, and to illustrate residential opinion that the development had not contributed to the appearance of the neighborhood, she entered a series of nine photographs of development on the site, which were labeled Exhibit #12 by the Examiner. Mrs. Keolker emphasized that in addition to construction of new homes, many older homes had been remodeled in the Renton Hill community, and that the neighborhood did not require economic stimulation through development of multi-family.residences. She indicated that residents did not oppose progress or growth, but felt that construction of apartments would destroy the character of the quiet, family-oriented, residential neighborhood and could not be considered progressive action. Responding was: Ruth Bradley 2 709 High Avenue S. Renton, WA 98055 Mrs. Bradley addressed the existing problem of increased traffic and insufficient access streets in the Renton Hill area. She submitted the following exhibits to illustrate problems of parking and access: Exhibit #13: Photographs of Cedar Avenue S. Exhibit #14: Traffic Count Data Referring to Exhibit #13, Mrs. Bradley advised that the actual substandard width of Cedar Avenue S. is 26-1/2 feet as a result of a previous LID formed to improve the street. She noted that on-street parking is mandatory for most residents because of the lack of garages in the area and advised that because of the existence of parked cars on the narrow street, it is impossible for two oncoming vehicles to pass simultaneously. Referring to Exhibit #14, Mrs. Bradley indicated that a 24-hour count totaling 2,745 trips had been • taken in 1972 during a period in which the pipeline• road was open, and reported that residential opposition to the open pipeline access roadway had resulted in subsequent closure. Exhibit #14 also contained 24-hour counts taken in the same location during 1973 following closure of the pipeline road (1,547), in June, 1977 on Cedar Avenue S. (1,263), and in January, 1978 (2,650). She noted dangerous situations created by winter conditions and existence of railroad tracks and trains which limit access to Renton Hill. R-178-M Page Three Responding was: Peggy Jernigan , 412 Mill Avenue S. Renton, WA 98055 Mrs. Jernigan addressed the 'matter of crime rate and residential safety. She advised that a neighborhood crime watch had been established for many years and close neighborhood relationships ensured safety for children. She submitted an exhibit, comparing crime rates in Renton Hill to other areas of the city. The exhibit was labeled as follows: • Exhibit #15: Crime Rate Statistics The exhibit denoted a total of 80 calls to the Renton Police Department during the first seven months of 1976 as well as the number of calls during the month 'of July, 1976 from the Highlands (36), downtown area (94), and Renton Hill (18). She attributed the low rate to square block configuration of streets, single access, and proximity of the Renton Police Department. Mrs. Jernigan emphasized that apartments have a high turnover of tenants which was contrary to the established single family residential tenancy in the neighborhood, and she supported R-1 zoning to allow continued single family residential growth established for the past 70 years. Responding was: Ruth Larson 714 High Avenue S. Renton, WA 98055 Mrs. Larson addressed the safety problems associated with the high number of children residing on Renton Hill. She indicated opposition to provision of additional access to • the area which she felt would increase sexual crime rates and traffic fatalities. She stated that the Renton School District currently routes.school. buses to the top of the hill at Philip Arnold Park but that an increase in enrollment would relocate the bus ' stop to the bottom of the hill and would create a dangerous situation because of traffic, trains, and large, plate-glass windows of existing businesses in that location. Responding was: Amelia Telban 506 Cedar Avenue S. Renton, WA 98055 Miss Telban discussed history of Renton Hill,and reported that she is residing in the same home in which she was born. She reviewed establishment of the Renton Hill community , upon discovery of coal in the community in 1873 when miners purchased single acre tracts from the coal company. She advised that until the 1920's, a school and church were the only structures other than single family residences which existed in the area and at that time several homes were remodeled into multiple family dwellings. During World War II, she reported, a huge influx of workers created a need for additional apartments in the area. Miss Telban advised the existence of a high percentage of second and third' generation residents in the area as well as representation of all age groups and income levels, and stressed the importance of maintaining the sense of community which has been established and perpetuated. Responding was: Jim Breda • 1002 Grant Avenue S. Renton, WA 98055 • Mr. Breda commended members of the Planning Commission and City Council for courtesy and competence during previous public hearings regarding the Comprehensive Plan revision in the Renton Hill'area in arriving at a mutually'satisfactory decision. He reiterated testimony previously entered during the hearing regarding access, quality of life, safety .and•crime rate, and orientation to single family living. Mr. Breda also advised that while 43 elementary school children reside in the area and utilize school buses; 30 middle school students board buses at Holmes Electric building and 20 to 25 high school students walk to Renton High School. He read a list of second and third generation residents in the area and emphasized that the character of the Renton Hill neighborhood would be destroyed if the zoning to R-1 was not approved and multiple family dwellings allowed. Responding was: Robert McBeth 1906 Rolling Hills Avenue S.E. Renton, WA '98055 , • • Mr. McBeth, legal counsel for the Renton Hill Community Association, indicated receipt this date of Exhibit #9, legal brief filed by Transamerica Development Corporation, and requested additional time,for review and response since he would be required to leave the hearing early in the afternoon. He agreed that the R-178-78 Page Four Examiner and the city must weigh the merits and benefits to be derived in a zoning change, and stressed that the more impact that is created for the property owner the more benefit must be derived from the zoning. In this instance, he felt that R-3 zoning would allow a tremendous benefit to the developer. He briefly reviewed history of the original request for R-1 zoning in the area resulting in a change in the Comprehensive Plan following many months of Planning Commission and City Council meetings. He noted that in its review the City Council had agreed that the change was desirable and necessary due to assurance of proper land use of property, existing circulation pattern, traffic volume, and narrow access streets. Mr. McBeth pointed out that existing traffic patterns must remain as currently designed due to heavy volume, inability to widen narrow streets because of proximity to property lines, and existence of railroad trains blocking access. He noted that additional access would not be possible due to the creation of an increase of through traffic from the south into Renton Hill instead of providing access from the area for residents. He objected to statements contained in the legal brief relating to diminished property value in an R-1 zone, and stated that residential property is highly • • desirable and valuable in Renton Hill due to the nature of the neighborhood and existing city view. Mr. McBeth referred to the existence of subsidence in the parking area of the recently constructed 8-plex condominium on Cedar Avenue S. and noted that the potential for slides existed when the property was rezoned to R-3 in 1963. He explained that the City Council has the authority to change zoning when substantial change has occurred to warrant such action. He concluded his testimony by indicating support of Planning Commission and City Council recommendations during previous Comprehensive Plan hearings and also • statements contained in Exhibit #1 that multi-family development would create tremendous problems for the.Renton Hill community. The Examiner called a recess at 10:45 a.m. The meeting was reconvened at 11:05 a.m. The Examiner requested further testimony in support of the application. Responding was: Dennis Stremick 2532 Smithers Avenue S. Renton, WA 98055 Mr. Stremick, President, Victoria Park Homeowners' Association, indicated his support for proposed R-1 single family residential zoning in the Renton Hill area. He felt that the issue was of city-wide concern and indicated agreement with previous testimony relating to traffic problems, soils, and narrow access. Regarding increased school enrollment due to construction of 90 condominium units, Mr. Stremick felt that although district-wide capacities could accommodate additional enrollment, local schools could not, and noted that a high transient rate accompanies multi-family developments. The Examiner requested testimony in opposition to the request. Responding was: Jim Irwin 1000 Norton Building Seattle, WA 98104 • Mr. Irwin, legal counsel for Transamerica Development Company, indicated that in addition to his own testimony, an appraiser and a traffic expert would provide information to support retention of the existing R-3 zoning of the subject property. He noted that the pending application was not a typical request from a landowner requesting a rezone to upgrade the use of his property, and that because the City of Renton had downzoned the property on the Comprehensive Plan, the burden of proof rests with the city to show that • substantial changes have occurred since the previous rezone of the property to R-3 in 1963 prior to purchase of the site by Transamerica in 1965 to justify such action. Mr. Irwin referred to Exhibit #9, legal brief, page 7, which references a recent Supreme Court decision of Parkridge v. Seattle and read portions of the decision into the record. The decision concluded that consideration of the evidence in a rezone must be based upon: 1) There is no presumption of validity favoring the action of'the rezoning; 2) The proponents of the rezone have the burden of proof in demonstrating that conditions have substantially changed since the original zoning; and 3) The.rezone must bear a substantial relationship to the public health, safety, morals or welfare. The Examiner noted that the case was settled in January, 1978. Mr. Irwin stated that the action of the city would create inverse spot zoning, and noted a difference in calculation of the size of the property by Transamerica of 11.25 acres and the city of 10.05 'acres. He.advised that 1.07 acres is owned by Mrs. Mary Tyrrell • and a small sliver on the east owned by Puget Western which total 12.1 acres according to city calculations. Mr. Irwin stated that R-3 zoned property to the north of the subject site which contains a recently constructed 8-plex condominium is not owned by Transamerica. He compared access on Mill Avenue S. which contains multi-family development and has been lk • R-178-78 Page Five exempted from the Comprehensive Plan change to access on Cedar Avenue S. and felt that Mill Street access was more limited than access.to the subject property on Cedar Avenue S. He reported his opinion that elimination of Mill Avenue S. from the Comprehensive Plan change was arbitrary and discriminatory and directed the proposed downzone at one landowner utilizing no reasonable basis for making a distinction. He reviewed zoning designations of R-3 and.R-4 in surrounding areas to emphasize the compatibility of the R-3 zoning of the subject site, and requested a definition of the Renton Hill neighborhood from staff. Mr. Irwin discussed limited construction on Renton Hill since 1963 and again noted that the burden of proof that significant change in the area has occurred remains with the city. • He felt that testimony previously entered was contrary to that fact, referencing comments • relating to longevity of residents in the area. He noted that downzoning would substantially destroy the value of Transamerica property without just compensation and discussed sales values of R-3 zoned property at $25,000 per acre versus $4,000 per acre value of R-1 zoned property which would result in a $236,250 loss to the company. He requested that the substantial loss in value to Transamerica be weighed against the city's gain if the proposed downzone were approved. Mr. Irwin reviewed history of acquisition of the property in 1965 subsequent to the rezone to R-3 in 1963 and noted that taxes in accordance to the existing zoning had been paid to date. To support his opinion that the property should remain as R-3 zoning to provide a buffer between the freeway and the residential property, Mr. Irwin submitted a series of 28 slides which were subsequently shown. The slides, which were entered as Exhibit #16 by the Examiner, depicted topography on the site, adjacent 8-plex condominium, existing residences surrounding the subject property, multi- family developments located on Mill Avenue S., and access streets of Mill Avenue S. and Cedar Avenue S. In summary, Mr. irwin, indicated that as evidenced by the slides, Exhibit #16, land use of • the subject property was more compatible with multi-family development than single family residential development because of existing topography. He noted that high noise levels emanating from existing FAI-405 created.a need for a buffer area from residential areas, • and felt that construction of multi-family dwellings had exceeded single family construction since 1963. He noted that subsequent testimony relating to traffic counts by an expert traffic witness would correspond with previous traffic studies accomplished by the city to prove that Cedar Avenue S. was currently being utilized at 50% capacity. He referenced a previous poll taken of residents on Cedar Avenue S. to elicit opinions regarding • restriction of parking on that street and reported that results indicated that opinion was divided equally,and action to restrict parking had not occurred. He concluded that traffic volume resulting from construction of 90 additional units on Cedar Avenue S. would • not increase traffic to the established capacity. Mr. Irwin submitted the following —� additional exhibits: Exhibit #17: Map of Tracts 21 and 22 of Transamerica Development Corporation Property • • Exhibit #18: Memorandum, dated April 21, 1976, from Bob Hammond, Traffic Engineering Division, regarding Cedar Avenue S. Parking Survey Exhibit #18 was read into the record by Mr. Irwin and reported results of the Cedar Avenue S. parking survey. He then deferred further comments to the traffic expert. Responding was: Ahmed Jaddi Consulting Engineer, Milligan, Anderson, Jaddi Building C-10,.Fisherman's Terminal Seattle, WA 98119 . • Mr. Jaddi was affirmed by the Examiner. He reported that a traffic study had been undertaken by his firm in November of 1977 on Cedar Avenue S. during morning and evening ' peak hours and that the resulting traffic count coincided with traffic counts taken by the city.in 1976. He advised that the capacity of Cedar Avenue S. is estimated to be approximately 1200 vehicles and reported the total 24-hour traffic count computed by the city is over 600 cars. He estimated that a proposed 90-unit development would increase ' the count by 450 vehicle trips per day, and added to the existing traffic generation would total less than capacity of the roadway. He reviewed five alternatives to improve . traffic circulation in the area and submitted a traffic study, dated November, 1977, • which encompassed these alternatives. The study, entitled, Traffic Study by Joseph J. Milligan & Associates, Inc., was labeled Exhibit #19 by the Examiner. The alternatives were briefly described as follows 1) Restrict parking on the east side of Cedar Avenue S. during peak hours of traffic; 2) No parking on both sides of Cedar Avenue S. between S. 3rd Street and S. 4th Street and no parking on east side south of S. 4th Street; 3) Traffic circulation to make Cedar Avenue S. one-way southbound and Renton Avenue S. one-way northbound between S. 7th Street, and S. 3rd Street; 4) No left turn at S. 7th Street intersection with Cedar Avenue S. for the eastbound traffic from Cedar Crest Condominium complex; 5) Remove sidewalk along east side of Cedar Avenue S. thus widening the road width to 33.6 feet between S. 7th Street and S. 3rd Street. Mr. Jaddi reported • v. R-178-78 Page Six that location of railroad tracks in other areas of the city restrict access and is not a problem that is unique only to the Renton Hill residents. He suggested that in lieu of a downzone, the city restrict density and impose controls to assure proper development. He reported that a previous study by his firm to determine soils and geology capabilities had been halted during City Council action regarding the Comprehensive Plan, but that no potential danger had been discovered during preliminary review. Referencing a slide contained in Exhibit #5 presented by the Planning Department depicting collapse of parking surface of the 8-plex condominium construction, Mr. Jaddi reported that the deterioration was not due to geological problems but had occurred because landfill had not been properly compacted. He reported the demand for middle income housing in the area and noted that the subject property would create a buffer from the freeway to existing residential areas. Responding was: Frank Raney • Real Estate Appraiser 16625 Redmond Way, Suite 206 Redmond, WA 98052 Mr. Raney indicated that appraisals had been made of the subject property in both R-3 and R-1 categories. He outlined the review process utilized to attain a viable appraisal for the subject property entailing comparisons with similar sales of properties. He cited four such sales located as follows: 6.6 acre site located on the north side of S.E. 176th in the 1500 block, 3 miles from the subject site, which sold for $25,888/acre, located on a major street with good'accessibility, but more remotely located from the center of population and not as steep' as the subject site; 28 acre site located on the east side of 140th in the 17600 block which sold for $50,000/acre, level parcel ready for immediate development; 2.9 acre site located off Interstate 5 on 188th Street at the south entrance to Sea-Tac Airport which sold for $43,000/acre, level site, good access and noise level similar to the subject site. From these comparable sales, Mr. Raney indicated that an estimated unit value had been established at $25,000/acre in R-3 zoning designation for the subject property. To establish sales value in an R-1 zone, he referenced four sales of similar zoning in the immediate-property to the east and south which sold for $4,000 to $6,000 per acre. He explained the difference in value between a developed single lot and undeveloped acreage property which requires expenditures for roads, sewers, utilities and other improvements and can increase the original cost of the property from three to four times. Mr.. Raney noted that although the city view from the subject property is excellent, the topography would create 'difficulties and expense in construction of foundations and.single family residences, and he noted that the four other sites considered in appraisal were more desirable because of the level topography of the properties. He ``--- advised that these factors were considered upon establishing a potential sales price of $4,000/acre for the subject property under R-1 zoning. Mr. Raney summarized the total value of the 11.25 acre site as $281,250 under R-3 zoning and $45,000 under R-1 zoning. He submitted an updated copy containing more recent sales information of a previous appraisal report, dated June 12, 1978, and the report was entered into the record by the Examiner as Exhibit #20. Responding was: Bill Montagne . Vice President, Transamerica Development Corporation 600 Montgomery Street San Francisco, CA 94111 • Mr. Montagne reported maintaining ownership and paying taxes on the subject property for 13 years and indicated that his company had participated in LID 293 during 1976 for Cedar Avenue S. improvements. He reiterated previous comments relating to zoning at time of purchase and although he respected the spirit of residents in the community, he emphasized that the position of the company was reasonable and acceptable and encouraged careful consideration by the Examiner of information submitted during the hearing. Responding was: • John Albertson 155 N. 35th Seattle, WA 98103 Mr.'Albertson indicated that he was representing Mrs. Mary Tyrrell, an owner of record , in the subject application, and requested Mr. Ericksen to designate the property located on the southeast portion of the total site on Exhibit #4. He reported that Mrs. Tyrrell, who is 77 years old, had invested a substantial percentage of her inheritance in the property in 1973 and objected to condemnation of the value of her estate by the proposed downzone to R-1 designation. • Responding was: • Mrs. Ray Hansen 336 Mill Avenue S. Renton, WA 98055 IL R-178-78 Page Seven • • Mrs. Hansen objected to the proposed rezone as unjust and unfair to residents on Mill Avenue S. because depreciation of their property would occur and higher taxes had been paid for R-3 zoned property. She indicated that she sympathized with problems incurred by residents located on Cedar Avenue S. and enjoyed her residency on Renton Hill. Mr. Irwin submitted a page from an environmental checklist routing review request, dated November 28, 1977, containing comments from James C. Hanson, Building Division, referring to requirements for extension of streets for either single or multi-family development in the area; and comments from D. A. Monaghan, Engineering Division, recommending Grant Avenue connection to Puget Drive be retained as an alternative means of access to Renton Hill. The Examiner entered the checklist into the record as Exhibit #21. The Examiner requested further testimony in opposition to the application. There was no response. He then opened the period of the hearing for cross-examination and rebuttal. Mr. Robert McBeth referred to Mr. Irwin's comparison of Mill Avenue S. and Cedar Avenue S. and indicated that Mill had been previously developed and established as a multi-family residential area, but opportunity for control of development was still available on Cedar Avenue S. He objected to Mr. Irwin's comment that property surrounding the subject site on three sides is currently zoned R-3 and felt that property located west of the freeway has no relevance to the subject property because the freeway provides a natural barrier between zoning designations. He noted that property to the south is presently zoned R-3 and R-4 which provides sufficient multi-family development in the area and objected to further incursion of that use into single family residential areas on Renton Hill. Mr. McBeth referred to the opposition's comment that no substantial development has occurred • in the neighborhood since 1963 and reported construction of 10'to 12 new homes as well as extensive remodeling to existing residences. . He objected to calculations of depreciation of land value provided by Mr. Raney as well as utilization of dissimilar properties for comparison purposes, and reported sale prices of lots on Renton Hill of approximately $15,000 or more. Utilizing that average price, Mr. McBeth estimated that the subject property could be sold for $150,000 locating one house per acre or $300,000 if two single • family residences were located on each acre of property. He expressed the opinion that the property was highly desirable for single family residential development because of • excellent city views and quality of neighborhood. Mr. McBeth questioned the specific time of day the traffic study was conducted in November of 1977 and felt that existing access streets would not accommodate additional traffic because of narrow widths and steep grades. Summarizing his testimony, Mr. McBeth emphasized that significant change had occurred in the area since 1963, the burden on Transamerica resulting from the rezone was minimal, and he requested that the proposed R-1 zoning be recommended. The Examiner called a lunch recess at 12:10 p.m. The meeting was reconvened at 1:35 p.m. The Examiner inquired if Mr. Ericksen had further comments at this time. Mr. Ericksen introduced additional evidence pertaining to building permit data contained in a letter to 'Gary Kruger, Planning Department, from Building Division, dated May 24, 1978, which was entered into the record as Exhibit #22 by the Examiner. He advised that although the letter contained building activity information for the years 1976 through 1978, further information dating back to 1963 could be obtained if requested. Referencing Exhibit #21, Mr. Ericksen advised,that the excerpt containing departmental comments had been included in the environmental checklist for the Comprehensive Plan amendment, and he subsequently submitted the entire final environmental checklist form, dated December 2, ' 1977 as Exhibit #23. Mr. Ericksen also submitted a copy of the Comprehensive Planning Committee Report, dated October 12, 1977, which had been submitted to Planning Commission members prior to a final recommendation on the Comprehensive Plan revision. The report was labeled Exhibit #24 by the Examiner. He also submitted a copy of the final declaration of non-significance for the proposed amendment to the Comprehensive Plan for the Renton Hill area, dated December 2, 1977, which was labeled Exhibit #25 by the Examiner. The Examiner requested further comments in rebuttal of previous testimony. Mrs. Keolker reiterated Mr..McBeth's 'comments relating to comparison of development on Mill Avenue S. and Cedar Avenue S., and objected to Mr. Irwin's comments relating to utilization of property adjacent to the freeway as buffer area since residents had not requested or desired construction of the freeway. Regarding the matter of significant development on the hill, Mrs. Keolker designated on Exhibit #11 the number of homes which had been remodeled or constructed since 1963. She clarified that Exhibit #19 contained only data relating to Cedar Avenue S. 'and other streets such as 5. 7th, S. 3rd and Renton Avenue S. are utilized as access on Renton Hill. Regarding the five alternatives for access discussed by Mr. .Jaddi, Mrs. Keolker objected to each as follows: parking could not be restricted on Cedar Avenue S. due to limited parking space for many residents and guests; • Cedar Avenue S. limited to one-way southbound traffic and Renton Avenue S. limited to one- way northbound traffic would not be feasible during winter months because of steep grade • • on'S. 7th Street. She submitted two photographs taken of S. 7th Street illustrating steep grade which were entered into the record by the Examiner as Exhibit #26. The grade of S. 7th Street would also preclude utilizing the alternative which suggests restricting • • • 'R-178-78 Page Eight left turn movements onto Cedar Avenue S. at S. 7th Street, she noted, and removal of sidewalks on the east side of Cedar Avenue S. would be opposed by residents because of recent assessment for LID to install sidewalks and improve streets and removal would create inconvenience and safety hazards. Mrs. Keolker reviewed previous comments regarding topography of the site and noted that development of single family residences had occurred on Mercer Island and the California coast in areas of similar topography. She felt that the sales price of the existing 8-plex condominiums was not affordable to purchasers of middle income bracket who are impacted by the housing shortage, and noted that the Comprehensive Plan had not existed in 1963 during the rezone to R-3 designation. Responding was: Mary Lou Gustine 910 High Avenue S. - Renton, WA 98055 • • Mrs. Gustine reported that she has been a real estate salesperson for nine years in the Renton Hill area, and although she agreed with Mr. Raney that sales prices for property are established by comparing.sales within a three mile radius she objected to the choice of properties which were utilized for the comparison as being dissimilar. She reported that two lots in the Renton Hill area had recently sold for more than $20,000 which totaled the same price as representatives for Transamerica had testified would be received for its 11-acre site under R-1 zoning. She advised that the demand for single family residential lots on Renton Hill existed and expressed willingness to sell 44 building lots of 1/4 acre each for $528,000 more than the lots had been appraised by,Transamerica. Responding to earlier comments regarding ownership by Transamerica of the existing 8-plex condominium recently constructed on Cedar Avenue S., Mrs. Gustine reported that the same builder had signed an earnest money agreement for purchase and development of the subject property. Mr. Jim Breda urged the Examiner to obtain additional traffic counts and building activity • statistics as suggested by Mr. Ericksen, and reiterated previous concerns regarding traffic congestion and access. He noted that the property owned by Mrs. Tyrrell contains less slope and more accessible access and inquired if her property had been included in the appraisal and requested an estimate of difference in value for R-1 and R-3 zoning designation of that property. Responding was: Manley Grinolds 308 Cedar Avenue S. Renton, WA 98055 Mr. Grinolds advised that he is also the owner of properties located at 310 Cedar Avenue S. and 1223 S. 3rd Street. He discussed difficulty in access for residential and emergency vehicles because of location of railroad tracks and opposed additional traffic created by development of multi-family dwelling units. The Examiner asked Mr. Irwin and his associates to respond to previous inquiries relating to the application. Responding to the question regarding inclusion of the Tyrrell property in the appraisal, Mr. Raney reported that only the property owned by Transamerica had been included in the appraisal.. Before inquiring regarding specific proposals for development of the subject property, the Examiner advised that since the subject of the hearing was review of a rezone, consideration of specific development was not required but the option for discussion was open to the property owner. Mr. Irwin deferred the inquiry to Mr. Montagne who indicated that no specific plan had been determined and sale of the land had not occurred to date. Responding to the Examiner's inquiry regarding specific hours during which the traffic count was taken in 1977, Mr. Jaddi reported that a traffic count totaling 49 trips was taken between 4:30 p.m. and 5:30 p.m. on November 11, 1977 and a count totaling 27 trips was taken between 7:30 a.m. and 8:30 a.m. on November 12, 1977. Mr. Irwin-requested clarification of' testimony given by Mr. Ericksen regarding review of Exhibit. #22, Renton Hill Building Permit Data. Mr. Ericksen' indicated that all building activity, including remodeling and additions, had been reported and grouped as new residential construction. Mr. Irwin then made the following inquiries: location of each construction denoted on Exhibit #22 in relationship to the subject property; whether review was made of building permits on the property to the north in relationship to Mill Avenue S. or to the south or west of the subject site; if additional building activity'review occurred of other areas than Renton Hill; date of construction of a large apartment complex on Mill Avenue S.; if the city conducted a,counter traffic study an Cedar Avenue S. during peak hours and results:of that study if conducted; if property owners on Mill Avenue S. could obtain a building permit for multi-family construction or if an existing single family residence could be removed and multi-family dwelling constructed in its place; if consideration had been given for the need for multi-family development in the area or other comparable l - ma, ' 31, R-178-78 Page Nine • Renton areas; and the' city's definition of the neighborhood and if consideration of surrounding property had been given in addition to Renton Hill area as part of the neighborhood. • Responding to the Examiner's inquiry regarding Mr. Irwin's comment relating to building activity on Renton Hill, Mr. Ericksen indicated that the information is available from the Building Division of the Public Works Department. Regarding the original adoption date of the Comprehensive Plan, Mr. Ericksen recalled adoption in the spring of 1965 but the exact date would be researched. Regarding zoning of the property prior to 1963, Mr: Ericksen reviewed various zoning categories previously established for properties contained in the application by Puget Properties, Inc. during the 1963 rezone action by the Planning Commission and indicated that the specific information would be subsequently obtained. The Examiner inquired if city staff had obtained traffic counts on Cedar Avenue S. Mr. Ericksen indicated that an updated traffic study was published on February 22, 1978, and although it did not contain counts for Cedar Avenue S.', traffic statistics for Mill Avenue S., S. 3rd Street, and Renton Avenue S. were included. The traffic study was labeled • Exhibit #27 by the Examiner. The Examiner asked if multi-family residences could be constructed if existing homes were removed on Mill Avenue S. Mr. Ericksen reported the feasibility of construction if • compliance with the existing Comprehensive Plan and various other city ordinances and requirements occurred. The Examiner inquired if consideration was given in the staff review of. the need for multi-family development in the area and existing vacancy rates of other multi-family, complexes. Mr. Kruger advised that according to a vacancy survey conducted during March, 1978, the' vacancy rate was less than 1%. Mr. Ericksen clarified that the vacancy rate on Renton Hill was .8% and although the apartments. on Mill Avenue S. had been included in the survey, the newly constructed 8-plex which is vacant had not been included in the review to his knowledge. Mr. Kruger noted that during a recent population survey of a 15 square mile area, the vacancy rate for single family residential housing was approximately 2% but this information had not been included in the staff report, Exhibit #1, because of availability of undeveloped property in the area. , ,The Examiner inquired if development on Renton Hill had been compared to other areas of the city. Mr. Ericksen indicated that'although such a comparison study was not conducted, he felt that all residential areas in the city were developing at a comparable rate. The Examiner asked for the definition of the neighborhood utilized by the Planning Department during review of the Renton Hill area. Mr. Ericksen reported that the definition was, based upon'the service area, of Earlington Elementary School site east of Philip Arnold Park acquired in 1963. .Other factors such as location of the freeway, hillside areas and existence of restricted access define the Renton Hill area as a neighborhood, he ' stated. He referenced the Comprehensive Plan, Community Facilities Plan, which describes the Renton Hill neighborhood as,well as the adjacent neighborhoods of Rolling Hills and Thunderhill. The Examiner asked Mr. Irwin for additional comments. Mr.,Irwin submitted additional photographs of property located on Mill Avenue S. and Cedar Avenue S. which were labeled Exhibit #28 by the Examiner. Mr. Irwin stated that according to law the City of Renton has the burden of proof to show a substantial change in the neighborhood and that a rezone is in the public interest. He felt that insufficient evidence exists to prove that fact for the period between 1963 and 1978 with regard to new construction comparing the Renton Hill area to other surrounding areas of the city. He referred to Mr. Raney's credentials as an M.A.I. appraiser in noting that testimony refuting his appraisals had not been substantiated, and entered a document designating Mr. Raney's qualifications into the record.' The document was.entered as Exhibit #29 by the Examiner. Mr.'Irwin questioned the reason the zoning designation of the subject property had'not been protested in 1963, ' .and inquired if undeveloped areas existed on property adjoining Cedar Avenue S. for parking purposes. Mr. Ericksen indicated the existence of certain undeveloped areas consisting of alleyways and access roads located throughout the community between High Avenue S. and Grant Avenue S. and also between S. 7th Street and S. 9th Street, but that only a 30-foot right-of-way located at S. llth Street existed directly adjacent to the subject property. 'Responding to the Examiner's inquiry regarding the normal width of an alley, Mr. Ericksen advised the width to be from 10 to 16 feet. • Mr. Ericksen corrected a statement made by Transamerica representatives that the company had been singled out individually'during the rezone proceedings. He explained that three separate ownerships are involved in the subject hearing, and that although'the original intent'of the Planning Department had been to review the entire Renton Hill area simultaneously, an agreement had been reached by attorneys for the city and property owners that separate rezone'hearings would be conducted by the Hearing Examiner. He noted that an area-wide rezoning action would be required to be referred back to the Planning Commission, which had already recommended the.amendment to the Comprehensive Plan regarding the area. Mr. Ericksen clarified previous comments relating to data pertaining to new construction versus remodeled dwelling units and noted that the building activity had not been segregated since it all related to substantial upgrading of the neighborhood. He reported that further data would be supplied if requested by the'Examiner. He concurred with Mr.. Irwin's statement regarding the nature of the area today compared to 1963 and that review of 1 • R-178-78 Page Ten Planning Commission minutes of September, 1963, indicated very little consideration had been given to extensive proposals and large tracts of property of which the subject property was a small part. Mr. Larry Warren, City Attorney, reiterated Mr. Ericksen's explanation of rezone hearing procedures in response to comments relating to spot zoning and discrimination to one property owner. He noted that public hearings for properties in question had been divided into manageable portions not only for the benefit of the Planning Department research, but because of lengthy transcripts which may be submitted to Superior Court since the decision on the Comprehensive Plan amendment was currently in litigation. He also advised that to avoid jurisdictional problems within the city which requires all area-wide zoning matters to be reviewed by the Planning Commission, properties had been separated for hearing by the Hearing Examiner to comply with city ordinance requirements. Referencing Section P.3 of Exhibit #1, Mr. Ericksen advised that the subject property had been rezoned in 1963 prior to adoption of a Comprehensive Plan, and that goals and objectives of that plan provide effective controls to prevent blight by protecting residents from unwarranted infiltration of incompatible uses. Since Renton Hill is predominantly single family residential use, he noted, high density development would create incompatible zoning and land uses in that area. Mrs. Keolker reported that traffic counts contained in Exhibit #10 including a count accomplished in June, 1977 on Cedar Avenue S. were obtained from the Traffic Engineering Division. She also requested that the Examiner allow submittal of additional rebuttal material from Mr. McBeth since he was unable to remain in attendance and wished to respond to legal brief, Exhibit #9, submitted by Transamerica. Referring to discussion regarding development of alleyways', Mrs. Keolker indicated that such alternatives had been rejected by residents because of creation of disturbance by traffic and parking and substantial reduction of lot size necessary to increase width of alleyway. She emphasized the need for additional single family lots on Renton Hill and supported Mrs. Gustine's testimony regarding real estate values in the area. Mrs. Keolker concluded her testimony by suggesting that as an alternative the property be dedicated as a city park. The Examiner requested clarification of potential density on the subject property in the R-1 and R-3 zoning categories. Mr. Ericksen indicated that topography was of prime importance in determining density on the subject site, and although in an R-1 zone approximately five units per acre could be allowed, the topography could limit density to 3.5 units on this site. He advised that in the R-3 zone, the zoning ordinances allows 30 units per acre, but attaining that density would not be feasible because of requirements for parking, access and open space area which would reduce the approximate density to 14 units per acre on a site of average slope. He noted that the existence of steep slopes on the subject property would further reduce potential maximum density to 6 or 7 units per acre. Responding to the Examiner's inquiry regarding construction date of FAI-405, Mr. Ericksen estimated that construction was commenced in 1963 and completed in 1966 or 1967 although he indicated the matter would be researched. The Examiner inquired if records were available to substantiate the status of the Renton Hill community in 1963 regarding existing characteristics, traffic volume and access. Mr. Ericksen indicated that an aerial photograph taken in 1963 was on display in the Renton Municipal Building which may be compared with recent aerial photographs of the area. The Examiner referred to a 99-year easement use permit issued to Transamerica by Puget Sound Power and Light Company, and inquired if the document included rights of access. Mr. Irwin read portions of the permit pertaining to permitted use into the record, but reported that the document was signed only by Puget Sound Power '& Light Company and evidence of legal recording was not established. The Examiner inquired if Transamerica had. reviewed the rights of use of the easement for provision of alternate access to the site to the south. Mr. Irwin was uncertain if review had occurred but felt it would be a matter which would be reviewed during sale of the property. The Examiner asked the Planning Department to clarify its intent of conclusions regarding sound levels in the area. He inquired if data indicated that only single family development or only multi-family development would be appropriate adjacent to the freeway neither of the two alternatives. Mr. Kruger explained maximum noise levels allowed to prevent hearing loss and provide appropriate sleeping conditions, and reviewed requirements for specific design and construction methods to minimize noise from the freeway. He advised that because of the high level of noise, it had been determined that single family residences could be designed more effectively to buffer noise and that impact to fewer residents would occur under this zoning designation. Responding to the Examiner's inquiry regarding drainage problems, Mr. Ericksen referred to slides, Exhibit #5, which illustrated existing drainage problems in the area, and deferred the question to Mr. Kruger. Mr. Kruger reported that comparison of soils data and research of existing geological mines with the U.S. Geological Survey showed that although the soils were stable when not located on a steep slope, other factors such as 30% slope, mined-out coal beds and stability of foundations resulted in a recommendation • „ I R-178-78 Page Eleven for on-site soils and geology investigations to be conducted to determine whether the site is safe to develop; and if determination occurs that .it is developable, recommendations for development procedures should be obtained also. Responding to the Examiner's inquiry, 'Mr. Kruger reported'that test drilling could occur during environmental review of the specific development or during the building permit process. The Examiner advised that because acquisition of pertinent information was necessary from various city departments regarding questions relating to building permit activity since 1963 and traffic circulation, and also because of Mr. McBeth's request for an opportunity'to respond to Exhibit #9, he proposed continuance of the public hearing for one week. He asked for response from parties of record to his proposal. Mr. Irwin indicated his objection to the continuance. Mrs. Keolker also indicated her objection to the limited notice and ability of residents to attend a meeting held during the day. She requested that the subsequent continuance be scheduled in the evening. The Examiner • explained,that a spokesperson should be in attendance to relay the testimony of residents who are unable to attend and emphasized that testimony should be relevant and entered into the record'only once. The Examiner asked for further comments. Since there were none, the hearing on File No. . R-178-78 was continued to Tuesday, June 20, 1978 at 9:00 a.m. in the Council Chambers of the Renton Municipal Building. CONTINUED HEARING: • The continued hearing regarding File No. R-178-78, City of Renton, was opened on June 20, 1978 at 9:10 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. • • The Examiner entered and. read the following exhibits received in response to written inquiries for information.resulting from testimony at the previous hearing: Exhibit #30: Letter to Hearing Examiner from Planning Director, dated June 15, 1978, regarding • date of R-3 zoning of subject property. Exhibit #31: Letter to Hearing Examiner from Building Division, dated June 16, 1978, regarding —�— building activity on Renton Hill from 1963 to 1978. Exhibit #30 reported that the subject property was zoned GS-1 prior to October, 1963 when it was rezoned R-3; and Exhibit #31 contained building permit statistics for the Renton Hill area by year from 1963 until 1978 and listed building permits issued for a total of 22 new residences, 3 apartments, and 69 additions, remodels and garages. The Examiner asked Mr. Ericksen, Planning Director, for additional comments. Mr. Ericksen submitted a map designating the.Renton Hill area by block and tabulated building activity which had occurred from 1962 through 1978 in each block. The map was labeled Exhibit #32 • by the Examiner. Mr. Ericksen reported that information had been compiled by comparing aerial photographs taken in August, 1962 and March, 1978, not from building permit data, and, the map notes changes which.have occurred specifically at the southerly end of the area adjacent to the subject property. Mr. Ericksen entered and displayed two slides which compare aerial photographs taken in August, 1962 and March, 1978 of the Renton Hill area and designate significant changes occurring from construction of the freeway, apartment development and residential structures. The slides were •entered into the record as Exhibit #33 by the Examiner. Mr. Ericksen also indicated that 1978 assessed values of the subject properties had been researched and he presented the following information regarding five tax lots comprising the subject request: Tax Lot 85 of 5.37 acres, owned by Transamerica, assessed at $21,400; Tax Lot 194 of 1.54 acres, owned by Transamerica, assessed at $7,100; Tax Lot 196 of 3.22 acres, owned,by Transamerica, assessed at $16,100; Tax Lot 191 of 1.15 acres, owned by Mary Tyrrell, assessed at $28,800; and Tax Lot 195 of .81 acres, owned by Puget Western, Inc., assessed at $2,000. Mr. Ericksen noted that the 1978 King County Assessor's Map contains a slightly increased tabulation for the property owned by Transamerica of 10.13 acres, but the acreage reported by representatives for Transamerica was 11.25 acres. • Referring to previous testimony regarding land value and possibility of development of the subject"property, Mr. Ericksen advised that the Planning Department had received a request for a tentative Planned Unit Development for single family and townhouse development on the Transamerica property from agent, Gene 0. Farrell, and he entered a drawing, dated April 28, 1978, labeled Cedar Crest P.U.D. The tentative Cedar Crest P.U.D. was entered into the record as Exhibit #34 by the Examiner. R-178-78 Page Twelve Mr. Ericksen reviewed the request for townhouse development on the lower portion of the property at the south end of Cedar Avenue S. Mr. James Irwin objected to introduction of the exhibit and subsequent discussion on the basis that the property had not been sold to date, and discussion was not related to the proposed rezone. The Examiner recognized Mr. Irwin's objection since the property has not yet been sold and Transamerica is not a party to the transaction, but indicated that the tentative request would be accepted into the record although detailed discussion would not occur. He then asked Mr. Larry Warren, City Attorney, fora legal opinion regarding submittal of the tentative P.U.D. Mr. Warren advised that the exhibit was admissible if the purpose of introduction was to rebut prior testimony regarding potential use Of the property. The Examiner asked Mr. Ericksen to clarify the intent of submittal of the exhibit. Mr. Ericksen confirmed the submittal of the request.for rebuttal purposes. He explained that according to the sighed and notarized affidavit, dated April 28, 1978,, included with the proposed application, Gene O. Farrell is indicated as agent for Transamerica Development Corporation although he could not verify the validity of the affidavit. He also submitted a letter addressed to Mr. William Graham, consultant on the project,.from the Planning Department, dated June 8, 1978, which contained comments from various municipal departments regarding the P.U.D. proposal. The letter was labeled as Exhibit #35 by the Examiner. Mr. Ericksen submitted' an additional letter addressed to Mr. Graham from the Planning Department, dated June 19, 1978, which contained comments relating to a meeting held with Mr. .Graham and representatives of city staff on June 14, 1978, and noted acceptance of the Cedar Crest P.U.D. tentative plan • subject to certain conditions. The letter was labeled Exhibit #36 by the Examiner. Mr. Irwin expressed a continuing objection to introduction and discussion of the Cedar Crest • P.U.D. The Examiner advised that the matter could be addressed during Mr. Irwin's period of cross examination and rebuttal of testimony. • The Examiner reported receipt of a letter from the Traffic Engineering Division, dated June 20, 1978, which he read into the record. The letter was labeled Exhibit #37 and contained responses to written inquiries from the Examiner resulting from the testimony at the public hearing of June 13, 1978. The Examiner requested testimony from Warren C. Gonnason, Public Works Director, regarding information contained in Exhibit #37. Mr. Gonnason was subsequently affirmed by the Examiner. Responding to the Examiner's inquiry, Mr. Gonnason reported that he had not received or reviewed Exhibit #37 although he would respond to inquiries regarding traffic volume and emergency vehicle access to Renton Hill. He reviewed the original comprehensive circulation plans for connection of access to the south to be accomplished as scheduled in --� the Six-Year Street Program in 1973-1974, but he reported that as a result of protests by property owners in the area, those elements of the program were subsequently deleted. He advised that an arterial plan for provision of circulation in the area of Renton Hill or access to the south via Grant Avenue no longer exists and limits emergency access to a single signalized controlled intersection containing a railroad crossing. Referencing Section P.9 of Exhibit #1, statements regarding' potential hazard of grade of access streets in the area not normally found in a residential development, Mr. Gonnason noted that while streets in the Renton Hill area are fairly steep, similar street grades are not uncommon in the Puget Sound area and are difficult to avoid in development. He indicated that because of the.narrow width of Cedar Avenue S. of 27 feet from curb to curb consisting of two parking lanes and one traveling lane, it would be necessary to provide • a reasonable level of service if an additional 100 units were constructed by restricting parking on one side of Cedar Avenue S. to allow two lanes of traffic. He noted that from an interior circulation standpoint, such revision would provide an adequate capacity of that street. Mr. Gonnason reviewed the limited access from Renton Hill and suggested that adequate access to high density developments could be provided to the south to Eagle • Ridge Drive and Benson Road. He noted that Section P.9 of Exhibit #1 refers to the Streets and Arterials Plan and advised that although no streets in the area are currently designated' as arterials, if there is a desire in the future to develop an arterial system in the area a compromise would be necessary 'to provide access service to abutting property owners and through traffic which should be designed to function effectively and yet not 'interfere with the existing residential neighborhood. Mr. Gonnason -reviewed anticipated trip generation from an additional 100-unit development which he felt could be accommodated by Cedar Avenue S. in its existing condition although he noted that certain inconveniences and delays may occur. The Examiner called a recess at 10:10 a.m: The meeting was reconvened at 10:35 a.m. Mr. Gonnason.indicated that he, had reviewed Exhibit #37 during' the recess and felt that information contained in the letter represents an accurate account of the street capacity and 'access problems 'in the Renton Hill area. Prior to Mr. Morgan's testimony regarding the letter Mr. Gonnason advised that as a result of meetings held to review possible multi-family development on Renton Hill the Public Works Department had recommended that an environmental impact statement be required for any future development prior to issuance of a building permit because of the probability of adverse impact of increased traffic upon the area. f . • R-178-78 Page Thirteen The'Examiner requested testimony from Clint Morgan, Traffic Engineering Division, who was subsequently affirmed. The Examiner referred to Exhibit #37, memorandum regarding traffic • capacities and volumes on Renton Hill and requested clarification of certain terms and principles. Mr. Morgan reviewed the divisional analysis and reported that the traffic signalized intersection of S. 3rd Street at Mill and Houser Way could absorb an increase • of 36% and the anticipated,increase generated by the proposed R-3 development would be approximately 18.5%. However, he noted that the increase would not be desirable because of the minimum distance between traffic signals in that location for waiting vehicles and the division would prefer not to revise the signalization of these intersections. He listed the 24-hour traffic volume counts for Cedar Avenue S., south of S. 3rd Street (511); Renton Avenue S., south of S. 3rd Street (1,182); and Grant Avenue S., south of S. 7th Street (171); and noted that although the streets can absorb increased traffic volumes it would increase the strain on the community and produce undesirable effects in traffic flow. He reported a critical situation on Cedar Avenue S. which contains parking provisions on both sides of the street resulting in an 11-foot wide space for access lane, and noted that although the streets could absorb an increase of 900 to 1,000 vehicles, an increase above that amount would necessitate restriction of parking on one side to allow a free flow of traffic. He reported tabulations of potential trip generation in R-1 zoning of 425 vehicles per day which would not necessitate restriction of parking on Cedar Avenue S. but would create undesirable restricted flow of traffic. The Examiner inquired if proposed densities of the tentative Cedar Crest P.U.D. had been utilized to compute trip estimates. Mr. Morgan indicated that the proposed P.U.D. had been utilized. In response to one of the Examiner's inquiries contained in Exhibit #37, he advised that records containing traffic capacities and volumes in 1963 are not available. Reviewing alternative access routes to the subject properties which had been studied in the past, Mr. Morgan, discussed proposals for a straight connection between the two existing Grant Avenues, connection between Renton Avenue and Eagle Ridge Drive, connection between Cedar Avenue S. and Benson Road S., 'and' connection from Mill Avenue S. passing underneath the freeway, FAI-405, to S. 4th Street. He indicated that the proposed connection between the two existing Grant Avenues had been determined the most desirable during citizen committee meetings held in 1972. Responding to an inquiry regarding proposed density figures from Mr. Irwin, Mr. Morgan reviewed the computation method utilized to arrive at the projected trip generation figure of 1350 per day within full development of 245 units in the R-3 zone,, and development of 53 units in the R-1 zone. The Examiner requested testimony from Mr. Robert McBeth, legal counsel for Renton Hill Community Association. Mr. McBeth submitted a legal brief from the community association in response to Exhibit #9, legal brief submitted during June'13, 1978 public hearing by Transamerica Development Corporation. The legal brief was labeled Exhibit #38 by the Examiner. Mr. McBeth advised that the brief contained. different interpretations of previous Supreme Court decisions than had been determined by Transamerica as well as reporting factors that should be taken into consideration in weighing the competing interests of the general public and the property owner. He indicated that the determining factor of review is to establish whether substantial change has occurred since 1963 to warrant a revision in the zoning code, and expressed his opinion that changes and circumstances.had occurred to revise the existing zoning in the Renton Hill neighborhood to single family residential. He objected to inclusion of R-4 zoned property to the south • and property across the freeway in review of zoning areas by Mr. Irwin and defined the Renton Hill neighborhood as separate from Rolling Hills, Victoria Park and other individual neighborhoods to the south established since 1963. Mr. McBeth reported that the change in development attitude and 'community sense was the most significant change in the area since 1963, and noted that the rezone in 1963 had.been unopposed and occurred prior to adoption of a Comprehensive Plan. He indicated that building activity statistics contained in Exhibit, #31 illustrate a tremendous upgrading of the neighborhood and demonstrate pride of ownership and sense of community. He also reported that traffic studies and aerial • photographs had provided indication of significant change. Referencing Exhibit #19 containing traffic count data compiled by representatives for Transamerica, Mr. McBeth noted that the count had been taken on November 11, 1977 which had been a legal holiday, Veterans' Day, and could not be considered a valid indication of traffic volume in the area. 'He.objected to proposals to extend existing access streets on Renton Hill since population to the south had increased substantially in recent years and would generate more traffic through Renton Hill than had occurred when the pipeline road was temporarily opened in 1972 and create many hardships and problems to the residents. Mr. McBeth objected to proposals to restrict parking on one side of Cedar Avenue S., noting creation of inconvenience to residents because of lack of space for all residential vehicles; objected to unknown factors of density and eventual dense multi-family.development of the subject property; and objected to increased traffic due to statements made during the hearing that such increase would be undesirable. He felt that spot'zoning was not occurring because the Renton Hill area as a general district had been included in the Comprehensive Plan amendment to revise zoning in that specific neighborhood. He objected to Transamerica's statement that the property was being devalued since property taxes had not been' high and single family residential use of the property would be profitable. • R-178-78 Page Fourteen The Examiner requested further rebuttal testimony in support of the application. Mrs. • Ruth Larson reported that during 1972 when the pipeline road was open, an increase of • traffic of- 41% had occurred and noted that extension of access at this time would create • • traffic .counts substantially higher at a rate of 41% increase even if additional residential units were not constructed. Referencing discussion of emergency vehicle access, Mrs. Larson reported that the City of Renton has a mutual aid agreement with Fire District 40 in Spring Glen during periods when trains block the access road to Renton Hill. She advised that in addition to personnel at Fire District 40, the Renton Fire Department; Renton Police Department and Renton Street Department personnel possess keys to the gate at the pipeline,road and can gain entry for emergency purposes. The Examiner requested verification of the mutual aid agreement from Mr. Warren, who confirmed Mrs. Larson's statement. Mrs. Kathy Keolker reported a significant change of attitude and-political awareness by Renton.Hill residents-since 1963, and reviewed other changes as follows: construction of FAI-405; extensive remodeling involving more than one-third of all properties; change in population to provide younger, more active community; additional children; change in boundaries of the neighborhood and occurrence of massive development; increased value of properties as a result-of the city view and neighborhood qualities; utilization of Philip Arnold Park by the entire community; and 'closure of 4th Avenue S. upon construction of FAI-405. She indicated that in 1963 the older community was expected to deteriorate in value, desirability and quality of homes, and zoning had been established with expectation of multi-family" development. However, she noted, because of a reversal of that trend, a resurgence of pride has created a change in" the community. She objected to traffic counts accomplished by Transamerica because of the choice of location since Cedar Avenue S.- is not utilized by all vehicles, and time of day because peak hours for .traffic in a,residential area are much earlier than 7:30 a.m. to 8:30 a.m. :In reporting a change in the neighborhood; Mrs. Keolker referred to Exhibit #24, Comprehensive Planning Committee Report to the Planning Commission, .dated October 12, 1977, and read Finding No. 3 which notes that while the area has been in,a state Of transition, with increased land values, the physical amenities of the hill area such as view, makes the area highly desirable for residential development. She reported that during the LID on Cedar Avenue S., residents were promised that parking on both sides of the street would be allowed and it was anticipated that the street would be widened to provide easier access. However, she noted, because of-city requirements for sidewalk width, all sidewalks were replaced with 6-foot wide sidewalks which reduced the width of the street to a substandard 261/4 feet and created residential concern regarding additional traffic volume. She referred again to Exhibit #24 and read a section relating to circulation which indicated that extensive ,l-----"- input on the part of the residents in the hill area indicates the desire to continue the limited access to the hill as it is presently constituted to enhance the amenities of the hill:as a residential community and preclude through access. Mrs. Keolker also • referred to previous City Council action deleting the Grant Avenue S. connection proposal from the Six-Year 'Street Program, noting that residents to the south are also opposed to such connection which would create problems significantly more severe than existed during the opening of the pipeline road in 1972. The,Examiner requested further rebuttal tesimony in support of the application. Responding was: John Giuliani 1400 S. 7th • Renton, WA 98055 Mr. Giuliani was affirmed by the Examiner. He reiterated previous testimony relating to limited access and traffic volume on Renton Hill, and noted severe problems incurred by location of railroad tracks blocking three major•access roads from the area. He stressed that expert testimony had not provided alternatives to solve the problems which already exist and would increase with additional development or extended access to the south. • The Examiner requested rebuttal testimony from Mr. James Irwin, representing Transamerica ,Development Corporation. Mr. Irwin submitted the following additional exhibits into the record which were labeled by the Examiner: • • Exhibit #39: Aerial Photograph of the Renton Hill area, taken April 12, 1977 by Walker & Associates, -Inc. Exhibit #40: Aerial Photograph of the Renton Hill area, taken July 27, 1964 by Walker& Associates, Inc. • The exhibits were displayed and"reviewed by Mr. Irwin who requested his associate, Mr. David H. Binney, to designate the subject property on each photograph as well as the existing apartment complex on Mill Avenue S. .as a point of reference. Mr. Binney noted . the location of the recently constructed 8-plex condominium development on Cedar Avenue S. on Exhibit #39 and Mr. Irwin concluded that-because of the similarity of the two photographs ' significant change was not evident to the viewer. He then entered the following additional iir R-178-78 Page Fifteen exhibits which were labeled by the Examiner: Exhibit #41: Aerial Photograph of the subject property and adjacent areas to the south, dated April 12, 1977, 1-1500 scale. Exhibit #42: Aerial Photograph of the subject property and adjacent areas to the south, dated July 27, 1964, 1-1000 scale. Responding to the Examiner's inquiry, Mr. Irwin indicated that the exhibits encompassed a broader area than is designated on Exhibits #39 and #40. Mr. Irwin requested Mr. Binney to circle developments which had occurred to the south of the subject property since 1964, to illustrate significant change which had occurred in other areas of the city. Mr. Irwin then entered a document which contains information from the Polk Directory from 1963 to 1977 for residences on Mill Avenue S., Cedar Avenue S., and Renton Avenue S. The document Was labeled Exhibit #43 by the Examiner. Mr. Irwin reviewed information contained in the directory noting decreases from 24 addresses on Mill Avenue S in 1963 to 20 in 1977; and decrease from 61 addresses on Cedar Avenue S. in 1963 to 55 in 1977. He also reported that certain addresses are listed as 1/2 indicating additional living units within the residence, and he felt the document evidenced that significant change had not occurred on Renton Hill since 1963. He referred to testimony reporting population figures totaling 650 to 675 residents on the hill and computed a percentage of increase adding 22 new residences as approximately 3.5% from 1963 to 1978, which he felt was not substantial compared to development in King County or to the south of the subject property. Mr. Irwin computed percentages of increase in relationship to additions or remodeling, although he felt the evidence was not clear regarding the nature of the improvements, which totaled approximately 11.5% and he felt that this increase did not indicate significant change in the area. He pointed out similaries in aerial photographs, Exhibits #39 and #40, and clarified Mr. Ericksen's review of Exhibit #32, noting Block No. 15 joins Puget Western, Inc. property and not Transamerica property. Referring to comparisons of aerial photographs and computations of increased building activity, Mr. Irwin maintained that the city had not met the burden of proof in showing that substantial change had occurred in the area. Mr. Irwin referenced Exhibit #6, excerpt from Renton Planning Commission minutes of September 25, 1963, and read a portion referring to a letter from Puget Properties, Inc. regarding the deletion of certain areas designated for public use which included school sites no. 1 and 2, reservoir site no. 1 and a portion of the reservoir site and portion of proposed Benson. Highway relocation area. He felt that the dedication of these public use areas was beneficial to the city and residents of the area and was met with public approval. He reviewed history of the purchase of the property in 1965 by Transamerica at $15,000 per acre in R-3 zoning and indicated that although a proposed sale of a, portion of the property to Mr. Farrell had been discussed during the time of City Council public hearings on the proposed amendment to the.Comprehensive Plan, sale of the property had not occurred, and he felt introduction of Mr. Farrell's tentative plan was extremely prejudicial to the rezone hearing which should pertain only to the proposed downzone of the subject property. Mr. Irwin commented that because of existing terrain and situation of the site between the existing freeway and single family residential areas, use of the subject property for clustered, multiple family development and not single family is appropriate and desirable with limited density of approximately 90 units. He felt that traffic studies provided by Mr. Jaddi and the city were consistent and that existing traffic problems can be solved since it had been reported that capacities of Cedar Avenue S. would not be exceeded by addition of a proposed 90-unit development. He reviewed solutions to problems consisting of restricted parking and improved alleyways, but noted residential objection to each suggestion and lack of concern that an 84% reduction in the value of Transamerica's property would occur if the downzone were approved. He indicated that testimony from Mr. Frank Raney, an M.A.I. appraiser, regarding value of the property under two separate zoning designations had not been refuted by representatives of similar background although much speculation regarding value of the property had occurred during the public hearing. Referencing the Parkridge v. Seattle case, he stated that Mr. McBeth's testimony illustrated that a change of attitude had occurred in the Renton Hill neighborhood but not a physical or structural change, and he read a portion from page 461 of that Supreme Court decision which referred to a contention that a significant change in attitude has occurred in the surrounding neighborhood since previous zoning to RM 800 in 1959. He noted that while the court commended the residents for a changed attitude and strong community spirit, it could not be found that the original rezone of these lots in 1959 was invalid at the time it was made. Mr. Irwin indicated that although he was aware the subject rezone request encompassed only three parcels of property of 12.1 acres, he felt that the city was initiating spot zoning because the subject site was the only property in the general area for which the City Council was proposing a rezone and Mill Avenue S. had been eliminated from the proposed downzone. R-178-78 Page Sixteen Mr. Irwin clarified an earlier reference to a 99-year use permit provided by Puget Sound Power &. Light Company for easement rights, which was entered into the record as Exhibit #44 by the Examiner. He noted that the permit contracted limited use rights between Transamerica Development Corporation and Puget Sound Power & Light Company to be reassigned upon sale of the property. He advised that Exhibit #44 had not been recorded because transaction between Mr. Farrell and Transamerica had not occurred. Mr. Irwin referred to a discrepancy noted by Mr. Ericksen on Exhibit #7 regarding size of the subject property, and reported that the property had been represented as consisting of 11.25 acres at the time of sale to Transamerica and the city had acquired its information from the King County Assessor's Map. The Examiner requested further rebuttal testimony in opposition to the request. Mr. Ahmed Jaddi, traffic consultant, reiterated previous comments relating to consistency of traffic studies accomplished by Transamerica and city staff. He reviewed traffic count figures and noted a traffic count reduction on Cedar Avenue S. from 691 in 1977 to 511 in 1978. He corrected traffic generation estimates provided by the Traffic Engineering Division testimony utilizing a density figure of 245 units, noting that the property would be developed at a density of 6 to 7 units per acre which would result in an increase of 450 vehicle trips per day. Mr. Jaddi advised that testimony regarding the city's mutual aid agreement for emergency vehicle support eliminated that problem with railroad tracks and he reported that the traffic volume at Bronson Way and Sunset Boulevard where railroad tracks are also located as 10 times higher than at the subject intersection. He suggested restricting 7th Avenue to one-way southbound traffic to solve access problems on the hill. Mr. Jaddi concluded his testimony by reporting a typographical error in Exhibit #19, Traffic Study, and dates of traffic counts should be revised from November 11 & 12, 1977 to November 15 & 16, 1977. He submitted handwritten copies verifying the original date of, the study. The Examiner indicated that corrections would be made to Exhibit #19. Mrs. Keolker corrected Mr. Irwin's percentage computations in utilizing existing number of residents and adding number of new constructions since an average of 3 to 6 people reside in each household and felt the comparisons were invalid. She also indicated that although building permit figures show that over one-third of the 280 homes on the hill have been remodeled, other remodeling has occurred without application for a permit and the statistics for building activity may be much higher. Referring to testimony regarding 90 units as being maximum proposed density on the site, Mrs. Keolker recalled a City Council meeting during which Mr. Farrell had stated that 180 units would be constructed on the subject property. , She questioned the validity of the 1977 parking restriction survey taken on Cedar Avenue S. which resulted in an equally divided consensus, due to the fact that many residents had not been contacted, and concluded her testimony by stating that traffic congestion on Cedar Avenue S. occurs with only two cars attempting to pass in opposite directions. Mr. McBeth read a paragraph from the Parkridge v. Seattle Supreme Court case, page 462, in which the court states that they agree that the current views of the community urging rezone to single family use may be given substantial weight in matters of this nature, but they cannot be controlling absent compelling reasons requiring a rezone for the public health, safety, morals or general welfare: Mr. McBeth emphasized that community attitudes count for one factor to be taken into consideration and he urged the Examiner to review those supporting facts in the record. The Examiner asked Mr. Ericksen for final comments. Mr. Ericksen reiterated the purpose of the subject hearing, the first phase in a series of forthcoming, rezone requests, to • expedite consideration of the proposed cahnges in zoning as a result of the Comprehensive Plan amendments by the City Council. He referenced Mr. Irwin's testimony regarding donation of public use areas by Puget Properties, Inc. during 1963 rezone action, and clarified that the City of Renton and the Renton School District had purchased those sites on a per acre cost basis for public use and the purchase may have occurred prior to the rezone procedure. Mr. Ericksen submitted the Planned Unit Development application with attached affidavit for Cedar Crest P.U.D., dated April 28, 1978, signed by Gene O. Farrell and notarized by Gloria E. Medley. The application and affidavit were labeled Exhibit #45 by the Examiner. Mr. Irwin stated his continuing objection to the submittal of the document. Mr. Ericksen referred to the final recommendation denoted on page 9 of Exhibit #1 and indicated that the departmental report would remain as submitted. The Examiner inquired if recent review of the Comprehensive Plan accomplished ,by the Planning Commission and the City Council of the Renton Hill area constituted an area land use analysis and zoning consideration. Mr. Ericksen indicated that the review by the Planning Commission exceeded the specific area of Renton Hill and included Rolling Hills, Royal Hills and other areas to the south, and that action taken which affected the specific Renton Hill area occurred as a result of a request by residents in that area. Therefore, • he noted, the review could not be considered an area wide consideration, but was confined to a smaller area. The Examiner inquired if a study of the area zoning was conducted. Mr. Ericksen responded that a study was not conducted. R-178-78 Page Seventeen The Examiner reported ordinance requirements to render a recommendation on the matter within 14 days from the date of the hearing, but inquired of the City Attorney if it would be legally possible to extend that deadline because of the volume of material to be reviewed. Mr. Warren referred to a building moratorium established by the City Council due to expire on July 5, 1978 and would place substantial pressure to provide a .recommendation as soon as possible; however, he advised that a legal problem would not exist if all parties'were amenable to the request. The Examiner inquired if parties of record would accept his proposal to extend the review period to 30 days. Mr. McBeth indicated his concurrence although he stated his intention to request an extension of the moratorium from the City Council. The Examiner advised that a 14-day appeal period as well as an additional 7-day waiting period is required following date of publication of the recommendation prior to placement of the rezone request on the Council agenda, which would occur after the expiration date of the'moratorium even if the Examiner was able to render a decision within the 14-day period. Mr. Irwin indicated his concurrence in the request, although he noted that action on the property had been delayed for a period of time and he encouraged the matter to be resolved expeditiously. Prior to closure of•the public hearing, Mr. McBeth made the following comments for the Examiner's consideration: 1) he is a resident of Rolling Hills and does not consider himself in any way a resident of Renton Hill; 2) the Polk Directory is totally inaccurate in its statistics and he feels the information is irrelevant and unworthy; and 3) trains divert in opposite directions at the bottom of Renton Hill and the situation should not -be compared to the location of railroad crossings at Bronson Way and Sunset Boulevard. The Examiner requested further comments. Since there were none, the hearing on File No. R-178-78 was closed by the Examiner at 12:35 p.m. FINDINGS, CONCLUSIONS AND RECOMMENDATIONS: Having reviewed the record in this matter, the • Examiner now makes and enters- the following: FINDINGS: 1. The request is for approval of a reclassification of approximately 12.1 acres from R-3 to R-1. • 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1 and incorporated in this report by reference --� as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C., a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this proposal. 5. All existing utilities are available and in close proximity. 6. On December 5, 1977, the City Council adopted Ordinance. No. 3186 amending the. ,Comprehensive Plan Land Use Map from a designation of Medium Density Multifamily to a designation of Single Family pursuant to an analysis performed by the Planning Commission of area land use, which included the three properties contained in this application. The public hearing on this rezone application does not constitute a review of the validity of that decision by the City Council. 7. The Pianning Department has found that the existing zoning of R-3 does not conform to the Comprehensive Plan. A recommendation has been for the three properties to be rezoned to R-1. (Exhibit #1) 8. However, per the testimony of the representative of the Transamerica Development. Corporation (TADCO) (Exhibit #9) an issue was the apparent selection of only three properties on Renton Hill for rezoning. The City Attorney testified and stated in the aforementioned attached memorandum that the selection was made to expedite and facilitate the current litigation concerning the December 5, 1977, •change of the Comprehensive Plan Land Use Map. The Planning staff testified that this application containing the three subject properties was the first in a series of similar applications involving other properties in similar circumstances. 9. Per Section 4-3014, the Examiner's recommendation to the City Council regarding this application is to be rendered within fourteen (14) days. However, all parties in ' the public hearings expressed agreement to allowing the Examiner 30 days to render this recommendation in view of the substantial amount of material entered into the record. The City Attorney stated that this procedure was acceptable. l R-178-78 Page Eighteen 10. A tentative P.U.D. for residential development of the TADCO site was submitted as Exhibit #34. The application for this development was filed by Mr. Gene O. Farrell as agent for Transamerica Development Co. (TADCO) (Exhibit #45). Mr. Irwin (TADCO representative) testified that the property had not been sold and that Mr. Farrell did not represent TADCO. 11. In addition to the findings of Section 4-3014 (Hearing Examiner Ordinance) the case of Parkridge.v. Seattle, 89 Wn 2d 454 (January, 1978) presented the following findings: a. The presumption of validity of the rezone action by the City Council does not hold. Sufficient proof must be presented to support the rezone. The burden of proof for rezoning the property rests with the city to prove that conditions • have substantially changed since the previous zoning. b. The rezone must bear a substantial relationship to the public health, safety, morals or welfare. c. Current views of the community must be given substantial weight, but cannot be a controlling reason for the rezone. 12. The Carlson v. City of Bellevue, 72 Wn 2d 41, 51, 435 P. 2d 957 (1968) case set forth additional considerations for evaluating the rezone: 'a. .The' character of the neighborhood. • • b. Existing uses and the zoning of nearby property. ' c. The amount by which property values are decreased. d. The extent to which the diminution of values promotes the public health, safety, morals or welfare. e. The relative gain to the public as compared with the hardship imposed upon the • individual owner. • f. The suitability of the subject property for the purpose for which it is'zoned. g. The length of time the property has remained unimproved, considered in the context of the land development in the area. h. No single factor is controlling but each must receive due consideration. i. The aggrieved property owner must show that if the rezone occurs the consequent restrictions _on his property preclude its use for any purpose to which it is reasonably adapted. j. The aggrieved property owner must show that there is no possibility for profitable use under the restrictions of the rezone, or that the greater part of the value of the property is destroyed by the rezone. Economic and functional use is assumed and that some permitted use can be profitable. 13. All portions of the Comprehensive Plan apply to the proposed rezone; however, the specific circumstances surrounding the proposal render the following goals and objectives of the Comprehensive Plan most applicable: In planning neighborhoods the creation of residential districts free of overcrowding influences, arterial traffic, and the unwarranted encroachment of commercial and industrial•uses are important objectives. (Page 4, Comprehensive Plan, Renton Urban Area, 1965.) 1. Within the single-family detached dwelling residential areas, population densities should not exceed six families per acre. In single-family attached dwelling areas (townhouses) densities should not exceed ten families per acre. • 2. Within the multiple-family areas, population densities should not exceed forty (40) families per acre. 3. Population densities recommended for any given area shall take into consideration the physical limitations of the soils and topography, the community facilities available, and the trends•of existing development. (Page 5, Comprehensive Plan, Renton Urban Area, July, 1965.) • R-178-78 Page Nineteen It is the plan and policy of the City of Renton, through its physical, economic, and cultural development, to encourage the appropriate use of land throughout the municipality. To this end, the city will encourage proper employment of • construction methods and land use principles, and promote the coordinated development of undeveloped areas. It will further give consideration to the prevention of overcrowding of land; the avoidance of undue concentrations of population; and provision for adequate light and air by securing open arrangements of carefully spaced buildings and building groups. It will be important for the city to reserve appropriate allotments of land in' new developments for all the requirements of community life. At the same time, the conservation and restoration of the natural beauty, of the community's cultural and natural resources will be a primary goal. As these goals are. achieved, the formation of functional, natural neighborhoods and community units will result. (Summary, pages 9 and 10, Comprehensive Plan, Renton Urban Area, July, 1965.) Residential. The successful utilization of land for low density residential development will depend on the availability of easily accessible areas which are relatively free of recurring or potential hazards such as floods, slides, and land subsidence. Residential districts should be free of manufacturing or commercial uses which would be detrimental to the community and its residents. The natural features and amenities that may exist or can be developed should be utilized to best advantage for the use and benefit of the community. Convenience ' to place of employment, shopping districts, schools, parks and other cultural activities, should be inherent features of the location. • In medium and high density residential use districts the proximity to major employment centers, shopping districts,' financial districts and office centers is important, as is convenient access to major arterials and highways. The nearby convenience of a larger variety of cultural features such as libraries, museums, parks, theaters and other forms of entertainment and relaxation is a desirable feature which may distinguish high density from low density residential districts. Other compatible or complementary intensive uses may include research and office centers, shopping districts and other functions which are not • detrimental to the maintenance of desirable living conditions. While commercial or industrial uses are not easily adapted to hillside locations, residential development may be successfully planned to take good advantage of the amenities which such locations often provide. Natural features such as rock out-croppings, streams, stands of native trees, and the views often available from these locations should be used to greatest advantage. (Page 11, Comprehensive Plan, Land Use Report, July, 1965.) 1. Prevent blight by protecting residential and other exclusive districts from the unwarranted infiltration of incompatible uses which would contribute to premature decay and obsolescence, and prevent the development of orderly growth patterns. _ 4. Protect property values within the community for the benefit of its residents and property owners, through the effective control of land use and the enforcement and application of building and construction codes. 6. Encourage the development and' utilization of land to its highest and best use in such a way as to promote the best interest of the community and contribute to its overall attractiveness and desirability as a place in which to work, shop, live and play. (Objectives, pages 17 and 18, Comprehensive Plan, Land Use Report, July, 1965.) 14. Zoning of R-1 would allow a maximum density of 6 units per acre and R-3 would permit a maximum density of 30 units per acre. • Since the reclassification of the property in 1963, FAI-405 was completed (1967),- thereby eliminating all but one access point to Renton Hill. In addition, the LID for improvement of Cedar Avenue S. (LID 293) was completed, and the proposed extension of Grant Avenue S. was deleted from the Six Year Street Program. In the period from 1963 to 1978 a total of 22 new residences and 3 apartment buildings (containing a total of 21 units) were constructed in the neighborhood. There also occurred during this period 69 remodels, additions or garage construction permits (Exhibit #31). Beacon Way S. was opened and closed (1972-1973) to the south over the Seattle Cedar River Pipeline (Exhibit #1). R-178-78 Page Twenty 15. The subject properties are undeveloped and have remained so since prior to being reclassified in 1963. The topography of the TADCO and Tyrrell properties is of a fairly steep slope (Exhibit #1) which is in relative character with existing development on the western slope of the Renton Hill. The Puget Western, Inc. property is of a moderate slope. Underlaying much of Renton Hill is old, mined- out coal beds (Exhibit #1). Soils on the subject sites present hazards for development as in other portions of Renton Hill (Exhibit #1). Testimony indicated that .the only slippage or slide occurrence was in the form of subsidence within Renton Avenue S. in the 600 block (Exhibit #1 and verbal testimony). Substantial vegetation exists on the subject sites, predominantly on the TADCO property. 16. Frank R. Raney, MAI, testified that based upon his analysis (Exhibit #20) the TADCO property possessed a value of $25,000 per acre (total of $281,250) for multi- family development and a value of $4,000 per acre (total of $45,000) for single family development. The King County Assessor's Office placed a total value of $44,500 on the property under existing R-3 zoning. He estimated that development costs would increase the original cost of the property three or four times. Mary Lou Gustine, real estate salesperson, testified that current sales of undeveloped single family lots with improvements is approximately $20,000. Mr. Raney indicated that the TADCO property was purchased in November, 1965 for $171,492 ($15,246 per acre). Expert or substantive testimony relative to property values was not entered into the record concerning the Tyrrell and Puget Western, Inc. properties. The King County Assessor's Office placed a total value of $28,800 upon the former and $2,000 upon the latter properties under existing R-3 zoning. 17. Traffic information (Exhibits #19, 27 & 37) indicated that existing streets on Renton Hill could absorb the projected amount of traffic from the three properties if developed under R-3 zoning. From testimony in the hearing it was apparent that • traffic would not flow as easily as witnessed at this time. The main problem for ; vehicular circulation appeared to be the intersection of Mill Avenue S. and S. 3rd Street, the intersection of the only access to and from Renton Hill. However, the Public Works Department testified that modification of the traffic signal at this intersection could accommodate the projected increased traffic (Exhibit #37). No costs were given concerning this modification. It was very apparent that a secondary access to and from Renton Hill was needed and preferred. Streets on Renton Hill are not designated as arterials. Public safety vehicles can reach Renton Hill via the Seattle Cedar River Pipeline. 18. Properties in the areas northeast, southeast, and south of Renton Hill have developed substantially since 1963 (Exhibits #2, 41 and 42). 19. The view of the Renton Hill community was clearly expressed of supporting rezoning the property to R-1 and single family development on the three subject properties. A strong sense of community and identify was presented in testimony by residents of the community. Several generations have lived and are living on Renton Hill. The consensus appeared to be that the community is unique in these and other ways and that R-3 development would seriously impact and endanger the existing character and livability of the community. 20. Renton Hill is predominantly a single family community with a small "pocket" of multi-family located abutting the freeway. For the most part, the housing stock is older homes which have been restored, remodeled or in need of some maintenance or repair. The age of the homes is as varied as the style of architecture. But testimony indicated that revitalization of the homes has been most noticeable within the past few years. Most homes are constructed on sloped or fairly steep hillside lots. CONCLUSIONS: 1. Testimony and the evidence substantiated that the Planning Commission and City Council considered the area land use, ,not area zoning, of Renton Hill and the surrounding community. The result of their public hearings was a change in the Comprehensive Plan land use designation for the subject properties to single family residential (Section 4-3014.(A)). 2. Since the property was rezoned in 1963, Renton Hill has experienced the significant changes of: a. Completion of FAI-405 which introduced a large noise source and eliminated all but one access to the neighborhood. b. Completion of improvement of Cedar Avenue S. • R-178-78 Page Twenty-One c.' Inclusion and subsequent exclusion of the extension of Grant Avenue S. from the Six Year Street Program. d. Opening and closing of Beacon Way S. to vehicular traffic. •e. Increased community. awareness of and involvement in land use decisions. Taken together these changes appear to be sufficiently significant to apply to Section 4-3014.(C). Most significant was.the reduction of access to a single intersection of Mill Avenue S. and S. 3rd Street. All of the traffic from Renton Hill moves through this intersection,, except for emergency public safety vehicles which can use the Seattle Cedar River Pipeline (Beacon Way S.) when the intersection is blocked. Several times a day trains block the intersection for several minutes at a time, thereby stopping all traffic to and from Renton Hill. In effect, the end result is a long and densely populated cul-de-sac which exceeds the limit of Section 9-1108.K (Subdivision Ordinance). Alternative access to the south was explored to help relieve the access problem. Opening Beacon Way to vehicular traffic produced a heavy through-traffic burden on Renton Hill without alleviating the intersection problem at S. 3rd Street and Mill Avenue S. Therefore, this access was closed except to emergency public safety vehicles. Finally, an extension of Grant Avenue S. was proposed, but was eliminated recently from the Six-Year Street Program. The access problems created by FAI-405 remain unsolved. Of some help was the first LID for improvement of Cedar Avenue S. While this improvement helped traffic movement somewhat, the traffic capacity and maneuverability of the street is restricted' and impaired by the narrow pavement. The interest and involvement of the neighborhood,in land use decisions has apparently increased substantially since the public hearings concerning rezoning the subject properties in 1963. As a result of neighborhood pressure the Planning Commission • and City Council re-evaluated the Comprehensive Plan Land Use Map. The conclusions of .the City Council were to change the map from Medium Density Multi-family to Single Family Residential. Other changes have occurred but were not comparatively significant. Exhibit #31 showed that building permit activity has remained relatively steady and stable since 1963, not displaying the alleged substantial change in renovation or new homes in the neighborhood. However, testimony clearly indicated that the. neighborhood was a vital, rejuvenating one which does not exhibit a transitional character often seen in areas experiencing pressure for a change in land use. • The slope of- the land has not been changed, and people continue to build upon moderate to steep slopes. The properties continue to appreciate in value for single family development. Some multifamily construction has' occurred since 1963, most pertinent being the building at the northwest'corner of Renton Avenue S. and S. 7th Street. The property was zoned'R-3 since 1963, and apparently multifamily development has only occurred slowly in the neighborhood. At least since 1963 the subject properties, although zoned R-3, have remained undeveloped. • Based. upon these conclusions, it is apparent that the conditions on Renton Hill have significantly changed since 1963. Thereby, a test of Parkridge v. City of Seattle has been met. 3. The subject properties are potentially suited for reclassification pursuant to the Comprehensive Plan (Section 4-3014. (C). Sufficient justification was given to warrant a reclassification from the existing zoning of R-3. It was apparent that the "overcrowding influence" (Pages 4, 9 and 10, Comprehensive Plan, Renton Urban Area, July, 1965) occurring on Renton Hill are primarily traffic related. Residents feel that existing streets will be overburdened by traffic from R-3 development. TADCO's expert witness testified that existing streets can absorb this traffic. The Public Works Department agreed that the streets could handle'the traffic, but expressed the opinion that the projected volume of cars would not be desirable. Everyone was in agreement that inconvenience would occur to motorists using the streets on Renton Hill due to traffic produced by R-3 development. R-178-78 Page Twenty-Two The proposed R-1 is within the six units per acre density guideline of the • Comprehensive Plan (Page 5, Comprehensive Plan, Renton Urban ARea, July, 1965). Testimony of the Planning Department relative to the capability of the soil and • topography to support this density was that 3.5 units per acre for single family residential development was probable and 6 to 7 units per acre probable for multi- family development. This testimony was not refuted. The Comprehensive Plan, Land Use Report, page 11, indicates that "low density residential development" should occur on land "...relatively free of recurring • or potential hazards such as floods, slides, and land subsidence." Testimony has substantiated that subsidence has occurred near the subject properties. Uncontested information was supplied by the Planning Department in Exhibit #1 to indicate that severe hazards exist on the properties due to soil, topography and mining conditions. Therefore, it appears that "low density residential development" should not occur on the properties; however,• this term is not defined in the Comprehensive Plan. These hazards present problems to any development on the sites. • Zoning of R-3 is not compatible with R-1 when the two zones directly abut under normal circumstances (Objective No. 1, page 17, Comprehensive Plan, Land Use Report, July, 1965). Testimony touched lightly this issue and whether under the specific conditions of the subject properties the incompatibility could be mitigated. • Sufficient documentation was given that vegetation and topography separate the subject properties, particularly TADCO, from the adjacent R-1 zoned properties. The most pertinent testimony given was that a PUD was appropriate for the site,,which seemed to be agreed upon by all parties. But residents offered the unsupported contention that R-3 development would produce "decay and obsolescence..." (Ibid) in the neighborhood. In this case it is difficult to balance the impact upon property values of the property owners as well as the residents of the neighborhood (Objective No. 4, page 17, Comprehensive Plan, Land Use Report, July, 1965). TADCO presented expert testimony to support that a rezone to R-1 would severely decrease the value of their property. No expert testimony refuted this evidence submitted by Mr.. Raney, MAI: However, it was contested by residents that a reasonable profit could still be made from development of the property at a single family density. A concept of a P.U.D. (Exhibit #34) was submitted to illustrate the point that something else besides.R-3 was possible for the TADCO property. It was apparent that the P.U.D. process would be an appropriate land use control method for this site. But similar _l—- - testimony was not entered relative to the other two properties other than Unsupported allegations that the value of the property would decrease if rezoned. Disagreement exists as to what constitutes the "best interest of the community" while providing the "highest and best use" of the 'subject properties (Objective No. 6, page 18, Comprehensive Plan, Land Use Report, July, 1965) . It was clear that not increasing the traffic problems in the neighborhood would be in the, community's best interest and in the best interest of anyone developing on Renton Hill. Under the circumstances, it is also clear that R-3, while yielding the most profit, will conflict with this community's best interest. Something less than R-3 is more appropriate,'but testimony was lacking relative to alternatives other than R-1 which TADCO showed as clearly impacting their investment. Testimony regarding the contribution of R-1 to the "...overall attractiveness and desirability as a place in which to work, shop, live and play..." (Ibid) 'seemed to substantially support the proposed reclassification to R-1. Again, traffic impact from a more dense development than R-1 appeared to cause the greatest concerns on the part of residents and the greatest detrimental impact upon the "attractiveness and .desirability" of the neighborhood. However, testimony did not explore to any great extent the effects that a planned unit development (P.U.D.) might have upon R-1, R-3 or other zoning. 4. Mr. Raney,,MAI, substantiated (Exhibit #20) that the property was purchased in 1965 for $15,246 per acre and had a current estimated value of $25,000 per acre and $4,000 per acre as R-1. (It should be noted that TADCO and Mr. Raney used a total acreage figure of 11.25 acres while the King County Assessor's Map, Exhibit #4, showed that the TADCO property consists of 10.05 acres.) In his tesimony, Mr. Raney stated that development costs for single family lots would increase the property costs by as much as four times. This appraisal was not refuted by similar evidence or expert testimony. • In applying the consideration of the decrease in property value of•Carlson v. City, of Bellevue it appears that.development of single family lots on the TADCO property can yield a profitable use. Using the aforementioned estimate of $4,000 per acre the development costs (factor of four) would raise the cost of the property to • 10 R-178-78 Page Twenty-Three $16,000 per acre. The question becomes then of whether or not a profit can be • realized from this type of development. Mrs. Gustine, real estate salesperson, testified that single family lots in the neighborhood recently sold for at least $20.,000 per lot. Mr. Ericksen, Director of Planning,, testified that a realistic estimate of the density of single family for the property would be 3.5 units per acre. This would mean a gross sale of $70,000 per acre. If the aforementioned analysis holds true, a potential developer would realize a net profit of approximately A $54,000 per acre for the land ready for construction of homes. This analysis does not include the economies available through development as a P.U.D. since specific testimony was not submitted relative to these savings in development costs. But this analysis sufficiently supports a conclusion that R-1 permits the property • owner/developer a reasonable return on the original investment and reasonable use of the property. Although specific appraisal testimony was not provided regarding the other two subject properties, it can be reasonably assumed that their value would in all probability approach at least the appraised values provided by Mr. Raney. The valuation of the King County Assessor's Office appears to substantiate this conclusion. 5. Both Carlson v. City of Bellevue and Parkridge v. City of Seattle require that the loss of. property value bear a substantial relationship to the public health, safety, morals or welfare. Many opinions were presented that the safety of traffic movement, pedestrian movement, and general living were threatened by retention of the existing • zoning of R-3. The Public Works Department testified that the projected increased traffic would not be desirable, but the neighborhood could absorb it with some inconvenience. • • Mr. 'Raney in Exhibit #20 submitted that a rezone to R-1 would reduce the value of the property by $236,250. While some disagreement existed with his appraisal, no • other expert testimony was entered into the record to refute it. 6. Carlson•v. City of Bellevue requires addressing the suitability of the property for use as R-3. Testimony predominantly dealt with either the maximum density of 30 units per acre or Mr. Ericksen's estimate of approximately 6 to 7 units per acre (assumed reasonable development under existing circumstances on the site). A P.U.D. (Exhibit #34) was submitted to illustrate that R-3 zoning was unnecessary and that less dense development was possible. However, this proposal must of necessity be discounted due to Mr. Irwin's testimony that the P.U.D. applicant did not possess authority or rights from TADCO for such application. Soils, topography, gology (including mining activity), and poise information was submitted in Exhibit #1 by the Planning Department. This information indicated severe constraints upon development. However, specific soil studies or tests were not made to substantiate this information. It appears that this data was compiled from very general information and maps. However, no opposition to this information and its accuracy was expressed. Based upon the topography of the site and the aforementioned general information, it can.be reasonably concluded that development will experience problems in the properties. But testimony did not substantiate or address whether or not these problems would be any greater, lesser or the same as experienced in development of •other sloped properties in the neighborhood. It appears from the general information and testimony in the record, that perhaps the same problems will be experienced in single family development and that single family development is feasible, producing a stable condition 'on the properties. Relatively little multifamily construction exists in the neighborhood to draw the same conclusion with the same conviction. However, the multifamily structure at the northwest corner of S. 7th Street and Cedar Avenue S. appears to substantiate that multifamily construction can occur on the sloped properties with exercise of perhaps greater care and caution. • In terms of land use, the Comprehensive Plan would indicate that transition is necessary.between R-3 and R-1. The topographic and vegetation conditions on the subject properties, for the most part, provide some transition. The adequacy of the transition depends upon the proposed development for the properties. Specific testimony was not submitted of generalized. or detailed nature to be able to draw any more specific conclusions except to indicate that less intense use of the subject properties would be more compatible with the adjacent and abutting R-1 properties. 7. The subject properties remain undeveloped. Other properties in the general'area as well as the neighborhood have developed and are in the process of developing • ' (Exhibits #2, 41 and 42) within the past 15 years. v . R-178-78 Page Twenty-Four 8. The final test for the proposed rezone is whether or not there exists a preponderance of proof supporting R-1 (Parkridge v. City of Seattle). It appears that a preponderate amount of evidence is available in support of R-1. 9. The record substantiated that natural constraints of the site indicate that a P.U.D. would be a necessary approach to development on the site. This would mean common- wall (attached) units spread over the sites but located on the more stable, less impacted by natural constraints, areas of the sites. Therefore, the central issue becomes not the zoning category but the appropriate density for the properties based upon the natural constraints. Only Mr. Ericksen, Planning Director, provided testimony relative to this issue. He provided an estimated density range of 3.5 (single family) to 7 (multifamily) units per acre based upon his experience and knowledge of the site. Alternatives to achieving this density are: a. R-3, limited to 3.5 units per acre. b. R-3, limited to 7 units per acre. c. R-2, limited to 3.5 units per acre. d. -R-2, limited to 7 units per acre. e. R-1, limited to 3.5 units per acre. Specific environmental data was not provided to select one alternative with great conviction. However, upon examination of the Comprehensive Plan Land Use Map,• the Zoning Map, Comprehensive Plan Goals and Objectives and the record, a specific recommendation was achieved. The R-1 zoning surrounding the properties, except at the northern edge of the TADCO property, would indicate that multifamily development at 7 units per, acre is not the most appropriate in this location. Single family, R-1, is the most appropriate zoning and can be adequately buffered from FAI-405 (via vegetation and acoustical walls) and the R-3 zone abutting the TADCO property (via vegetation and space) via the P.U.D. process. Whether or not the property will support 3.5 units per acre depends upon receipt and review of more specific environmental information that can be included in review of the P.U.D. A need does 'not apparently exist to buffer the existing R-1 properties from FAI-405 and the __-.�-- transmission line easement by intermediate zoning of R-3 of the subject properties. Continuation of R-1 through the three subject properties is more appropriate under these circumstances. Noise data submitted in Exhibit #1 indicated the severity of impact from FAI-405 to be ,sufficiently significant to necessitate some acoustic treatment for noise protection on the site. Testimony mentioned special treatment of the building walls and windows to• reduce the noise levels inside the residential dwelling units to acceptable standards. Any residential development, R-1 or R-3, would be impacted the same. Acoustical protection can be reviewed during the public hearings on the P.U.D.; however, evidence was not submitted showing that the city has. regulations requiring acoustical protection and treatment of buildings. For the,purposes of this analysis it is sufficient to conclude that alternatives are available to reduce noise impact such that noise does not become an objection to residential zoning. 10. From the testimony and the record it can be reasonably concluded that reclassification of the subject properties would be of substantial benefit to the public health, safety and welfare. The existing traffic circulation and access problems would be lessened, including possible traffic or pedestrian accidents. Overcrowding of the neighborhood would not occur. Less potential harm to the future residents of the subject sites due to subsidence would occur. The neighborhood would not absorb a multifamily development which potentially conflicts with the existing single family character. Traffic would not be interrupted or delayed as frequently as predicted at the intersection of Mill Avenue S. and S. 3rd Street. The stability of at least a portion of the neighborhood would not be threatened. The benefits to the public health, safety and welfare appear, upon weighing the evidence, to be predominantly in favor of the rezone to R-1 as opposed to the loss in value of the subject properties. Predominantly, the benefit to the existing and future residents of Renton Hill and the general public rests in the relative reduction of traffic associated impacts upon existing streets and the intersection of Mill Avenue S. and S. 3rd Street. A reasonable use remains for these properties which'appears profitable as well. ,; r III I . .I • R-178-78 Page Twenty-Five 11 I • 11. The issue of spot zoning was raised by TADCO in Exhibit #9. This does not appear to be the case in this application. Pursuant to a change in the Comprehensive Plan the i1 City initiated the rezone application due to its finding,that the subject properties did not apparently conform to the Comprehensive Plan. It was stated by the Planning i Department and the City Attorney that the subject properties were the first of , 1 ' several to receive such review for conformance with the Comprehensive Plan and that TADCO was included in the first phase of this review mostly out of convenience to the current litigation involving that property. The Examiner's conclusion is that ,;i for this reason, not an arbitrary and capricious reason of selecting the properties I' for reasons of disbenefit to the three properties, this application was filed. Grounds for allegations of spot zoning or aribrary and capricious action by the City were not sufficiently substantiated. RECOMMENDATION: Based upon the testimony, record, findings and conclusions herein, it is the recommendation • of the Examiner that the City Council approve reclassification of the three subject r properties from R-3 to R-1 subject to occurrence of development under the Planned Unit i , Development Ordinance, Chapter 27. ORDERED THIS 12th day of July, 1978. JP 1 Ri • reeler 1 Land Use Hearing Examiner TRANSMITTED THIS 12th day of July, 1978 by Affidavit of Mailing to the parties of record: Kathy Keolker, 532 Cedar Avenue S., Renton, WA 98055 Ruth Bradley, 709 High Avenue S., Renton, WA 98055 Peggy Jernigan, 412 Mill Avenue S., Renton, WA 98055 Ruth Larson, 714 High Avenue S., Renton, WA 98055 Amelia Telban, 508 Cedar Avenue S., Renton, WA 98055 Jim Breda, 1002 Grant Avenue S., Renton, WA 98055 Robert MbBeth, 1906 Rolling Hills Ave. S.E., Renton, WA 98055 __ter—- Dennis Stremick, 2532 Smithers Avenue S., Renton, WA 98055 Jim Irwin, 1000 Norton Building, Seattle, WA 98104 , Ahmed Jaddi, Consulting Engineers,,Milligan, Anderson, Jaddi, Building C-10, Fisherman's Terminal, Seattle, WA 98119 ' Frank Raney, 16625 Redmond Way, Suite 206, Redmond, WA 98052 Bill Montagne, Transamerica Development Corp., 600 Montgomery Street, 'San Francisco, CA 94111 John Albertson, 155 N. 35th, Seattle, WA 98103 Mrs. Ray Hansen, 336 Mill Avenue S., Renton, WA 98055 • Mary Lou Gustine, 910 High Avenue S., Renton, WA 98055 Manley Grinolds, 308 Cedar Avenue S., Renton, WA 98055 John Giuliani, 1400 S. 7th, Renton; WA 98055 Dennis L. Linch, 320 Mill Avenue S., Renton, WA 98055 Jerry Glenn Dunnihoo, 434 Mill Ave. S., Renton, WA 98055 Mr. & Mrs. F. G. (Mike) McCutcheon, 918 Renton Ave. S., Renton, WA 98055 i" Eric Pryne, Seattle Times South Bureau, 320 Andover Park E., Tukwila, WA 98188 Nancy Sparrow, 316 Renton Ave. S., Renton, WA 98055 Joe McCaslin, 17637 S.E. 123rd Place, Renton, WA 98055 Renton Record-Chronicle, P.O. Box 1076, Renton, WA 98055 Joan Walker, 1433 Monterey Ave. N.E., Renton, WA 98055 ' � TRANSMITTED THIS 12th day of July, 1978 to the following: Mayor Charles J. Delaurenti Councilman Richard M. Stredicke • Councilwoman Patricia• Seymour-Thorpe Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director . Ron Nelson, Building Division Lawrence J. Warren, City Attorney • R-178-78 Page Twenty-Six • Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must • • be filed in writing on•or before July 26, 1978. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgement, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request'shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An,appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection,in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. Y �, • EXH/8/T 8—I '1 . , i .4-. \ .. - ,Nia" :..."'C7: �, 0�1RK r1 _ 7L J , C[N[rERY • I> Ifililiilili*0 • • b d ` -5-. yJ. .%lam• • L� - ........ .. - imil` - ` .; •awn r—r -a ,�,,r, .., r—r / ---�— ... . ar raw+ Ir.... anrn �r rsr,r=�P` _\ L1!' no r am V • <'mac.A.` • r- 3 , �'-. ` . I B I L] a w--1 0 _ A 7�i'n'� - s�' `. w R- - 'r �. �t., 1 ]ice; Jj! t —_•, I, �_I1,,,EF.." !mg '',5 -7.: - riE: rk,' '1 . ' - . 3__. T. mil. _.-• ' " = A . 4,b . all : . fl p.-.• 1 /4,!.',ir. ' Ft.,. 1 f g . go, : 1:1 CI- ,s;,,,, . . Ca' 13 s. i_ I „ENE'n a,� ';SR—� ,,� )/4 „. -' ! :Y1341:, . 4.,ii 12.El El r w w L�I//4 _.01 0.. 1:2,. G I oiki� � GS-I 1 o I r.. timk,—ohip-1 Er1110".. .1 . 1. •.:,, REZONE: ' CITY OF RENTON, File 'No, R-178-78, APPLICATION FOR REZONE FROM R-3 TO . ' R_1.; property located on the west side of Renton. Hill and situated south of South 7th Street, east of FAI-405, north of the Puget Sound • and Light Transmission Line Easement, and east. of the subdivided property. APPLICANT CITY OF, RENTON TOTAL AREA 12. 1± acres • PRINCIPAL ACCESS Cedar, Renton, and Grant Avenues South EXISTING ZONING R-3 , • EXISTING USE _ Vacant . , PROPOSED USE Residential ' COMPREHENSIVE LAND USE PLAN Single Family Residential COMMENTS This. is the first phase of an area-wide rezone initiated ted . by the City of Renton. Three ownerships are involved in • this phase. • • Y . Ait OF Re+ ' C.) 6 c Z, OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON POST OFFICE•OX 62i 100 2nd RANGE•LIILOING • IrNTON.WASHINGTON ••OSM 263-1967• ma 0 am. I. LAWRENCE I•WARREN, CITY ATTORNEY DANIEL KELLOGG, MOIISTANT CITY Ammar June 22, 1978 4tgreD $EP1 MEMORANDUM TO: Rick Beeler, Hearing Examiner FROM: Lawrence J. Warren, City Attorney Re: Renton Hill - Dear Rick: In response to your Memo dated June . 9, 1978 , concerning division of Renton Hill into separate portions for rezone , . consideration, please be advised that it is my opinion that such action will not pose any problems for your decision or the pending litigation. I do not believe the entire area 'should be considered as one entity as this might be considered as area-wide zoning under the jurisdiction of the Planning Commission. Furthermore, I suggested that this one particular area be considered so as -b limit the number of pages of transcript that will be necessary if the area is rezoned and Transamerica follows through with its threatened lawsuit. To burden the record with pages of irrelevant testimony as to the Transamerica property would be unduly time consuming and expensive to trans- cribe . I hope this adequately answers your qu stion. Lawrence J. • ren LJW:nd cc : Gordon Ericksen Mayor Council President Chairman, Planning & Development Committee Dan Kellogg ' RECEIVED CITY OF RENTON NMM$NO EXAMINER JUN 2 31978 AM PM . 718,9110111s12111213.4i516 A. Y ' • 11) dOF Ft O U el Z OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON 8 OI POST OFFICE BOX 626 100 2na AVENUE BUILDING • RENTON. WASHINGTON 911055 255-1671) Q- LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY O rED SE ts- JULY 5 , 1978 M. E M O RAN D U M TO : Rick Beeler , Hearing Examiner FROM: Lawrence J .Warren, City Attorney Re : Renton Hill Rezone Dear Rick : I have been asked to correspond with you concerning your stated inability to render an opinion on the Renton Hill Rezone within the time given to you by City Ordinance . It is my opinion that if it is in fact impossible for you to render that opinion within the required time , and , if there is no showing that the delay was unreasonable or prejudicial to any party, then you may have the additional time . I might note that this opinion is consistent with State case law. The Supreme Court of this State recently set down such a ruling in the case of In Re Donohoe , 90 Wn (2d) , 173 (June 1978) . In that case the State said : "The delay was not unreasonable in view of the necessity of obtaining and reviewing 3 days of testimony , plus the exhibits . That fact , coupled with no claim or showing of prejudice , justifies denial of a dismissal . " In that particular case a hearing board of the State Bar Association was to be able to render an opinion within 20 days as required by Court rules . I find that situation analogous to yours and find that he delay is appropriate . j . Lawrence J . WArren LJW:nd cc : Mayor RECEIVED Council Members Del Mead CITY OF RENTON HEARING EXAMINER JUL 61979 • AM PM 7,R,941 111AIZi 1121314 I:➢1`i . • � I Tyrrell's Inc. NOTE: This letter was received and accepted by the 155 North 35th ' . Examiner following closure of the public hearing;. S.O. Box 30756 . regarding File No. R-178-78 due to the fact that .. , '',` Seattle, WA 98103 Mr. Albertson was unable to attend the continued hearing on June 20, 1978. • June 22 , 1978 . • .Mr. L. Rick Beeler. . • City of Renton, 200 Mill Ave. So. •'.-Renton, Washington . 98055 Dear Mr. Beeler,: ' , • In discussion with Mrs. Tyrrell she expressed great concerns over ,' the. possible re-zoning of her property. • . ' There. was a great .deal of emotionalism at the meeting on the 13th : ' . . of June by some residents of the "first hill''. It was almost as if :,they .had decided that there was a potential problem in their midst and that it might. be' in their own best interests to enlist . ' the _aid of the City of Renton to forestall any possibility no mat- . ter. the costs or hardships to others. It reminded her of a sort Of. "vigilante" group in reverse. . In this case the creation of . financial hardship and An 'injustice by selfish group actions at- . . tempting to take something of value from. an . individual without the individuals permission and without compensation.. Thi's;, of course, , really defines theft. it amounts to condemnation of her property and she should. be 'compensated if it- is allowed to happen. ' If the residents of first .hill were requested to pay the cost• of devaluation .. ' or suppose $250, 000 .0.0. I suspect they would very quickly adjust to . . the idea of an imaginary changed traffic pattern, or , more school . . ' buses. On the positive side, an attractive multiple dwelling complex would be an asset to the aesthetics of the community. There is- a definite need for more and better housing in all communities. . The cost Of building single family residences prohibits lots of - good decent, families from owning. their own homes and they should not be denied the proximity to good transportation and family ser- vices by a group of selfish people. The surrounding. business com= munity Would benefit from increased needs.. ' . I hope that you, .will .be honest .and . fair in. reccom'nding that. the R-3. zoning for which. she paid for and paid taxes on these years and for which there ' is 'a need, be retained. . • • ' . Sincerely, . . . RECEIVED • CITY OF 'RENTON e�* off" . • HEARING EXAMINER JUN n C. Albertson � rY*041#. 2 31978 /�wr� ., AM PM 7,8r9,10,11,I2I l 1213,415i6 • . Al /kd'I?7.'0 10 OF RP,y ;; ® THE CITY OF RENTON 8MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT A gyp' O Q' 235-2550 O SEP1t MEMORANDUM June 13, 1978 TO : Ronald G . Nelson , Building Division Supervisor FROM : Gordon Y . Ericksen , Planning Director By : Gary R . Kruger , Senior Planner �.=47,< RE : RENTON HILL REZONE - PHASE I • BUILDING PERMIT DATA SINCE 1963 • The public hearing held today on the Renton Hill Rezone was continued until next Tuesday , June 20. The Hearing Examiner requested that all building permit data from October 1963 to the present time . be compiled by type and dollar_ amount for each year be presented at the June 20 hearing . This data will be employed to assist in the determination whether Renton Hill has changed substantially since 1963 • when the property was rezoned to R-3 . Should you need a clarification of this request , please contact this department . GYE : GRK: ms cc : C . J . Delaurenti , Mayor Warren C . Gonnason , Public Works D'irector RECEIVED CITY OF RENTON HEARING EXAMINER . JUN141978 AM. • PM 71R19,mt.111121112i3t4$5,6 " CITY OF RENTON C.) tr'h . • REZONE APPLICATION '- ; FOR OFFICE USE ONLY . ----- ':'iL -, LAND USE NEARING e '<$ APPLICATION. NO. ��I - 0 �O' r'J7 EXAMINER'S ACTION ._N Q`� `' ..' . ;,,' Not Applicable ,. 4PPLICATION FEE $ APPEAL FILED iRECEIPT NO. CITY COUNCIL ACTION ,i, • - A rLLING DATE 5 -,23-/tii ORDINANCE NO. AND 'DATE :; '{•: TEARING DATE ‘-/,j-7g "-, APPLICANT TO COMPLETE ITEMS 1 THROUGH 10: ;" j . Name City of Renton Phone 235-2550 ' : Address Municipal Building, Renton, Washington 98055 '� 1.- Property petitioned' for rezoning is located on Renton Hill ' between Power line right-of-way and South 7th Street and FAI-405 .,, I. Square footage or acreage of property + 12.1 Acres . h. ' ;i .;. Legal description of property (if more space is required, attach a separate sheet) See attached sheet. • • • . • Existing Zoning R-3 Multi Family. Zoning Requested R-1 MOTE T• O APPLICANT: The following factors are considered in reclassifying property. Evidence or additional. information to substantiate , your request may be attached to this sheet. (See Application / Procedure Sheet for specific requirements.) Submit this form in duplicate. '. Proposed use of site Residential I. List the measures to he taken to reduce impact on'the surrounding area. • , • Reduction in the development density is being reviewed in view of the Comprehensive Plan for the City of Renton. ►. How soon after the rezone is granted do you intend to develop the site? . . . ; ). Two copies of plot plan and affidavit of ownership are required. . Planning• Dept. .. . , 1-77 ' • !•: Section 20-2S-5 (NW 1/4) Tax Lut hf, - , Rent tin Ili11 Idc Properties Il';utsamerie;n Development Co. 1111 S. (:rand Ave.. . ' .'r Diamond fiat', CA 91765 ' . ''',', !: Portion Govt. l.ot 1 lying northerly of Puget Sound Power and Light 'Transmission line It IY and easterly of PSII111 .(1-405). Cont. 2' 4,01)0 sq. ft. • Tax Lot 191 II'1'I1C 1137 . .. Mary 'I)rre 1 ,,. 155 N. 35th tidal t le, WA98103 Portion of D.C. lying in NC 1/4 of SW 1/4 U1°26c49 W(, 1198.85-23-5. 1'eginning a88t N.i /134 corner of Section thence W. 67.02 ft. thence 6(s1.65' to tpoh. Th. N 01-26-45 C 154.89' th. N 88-33-21 W. 319.83 ft. thence S Ul-24-21 W 92.42' th. S 67-03-41 F. 354.93' th. N 07-22-33 W 68.39 to tpob. Cont. 28 • 50,26 ,sq. ft. 1 . Fax Lot 19.1 Renton Hillside Properties Transamerica Development Co. - 1111 S. grand Ave, • Diamond Bar, CA • 91765 Portion of II. I144ellonation Claim No. 37 northerly of PSP6l, R/W southerly of N. line S.•r• 20, '1'wp. 23 N. , R. 5 E., W.M. and westerly of W. line Highland Add. and Sd. W ' line produced south. • Cont.• 67,150 sq. ft. 1. = 7,10U • Tax lot 195 Puget Western. Inc. • Puget Power Bldg. • Bellevue, WA 98004 . Portion of H. H.• 'Tobin Donation Claim 1137 southerly of Ilighl;tnd Add. ti S. of S. in. of • sd. addl. prod. E.n1y. of PSPt;I. Co's 200 ft. R/W and east of Id, ln. of Crant Ave. prod. Cont . 35,400 sq.ft . Fax Lot 196 Bunton Hillside Properties . •• Transamerica Development Co. 1111 S. Grand Ave. J Diamond Bar, CA 91765 L I'or. of N. II. Tobin Donation' Claim .1137 sly of lots 4 and' 5 IlighaAind Add. wly of W, In Renton St. Prod. S.,ely. of C/I. Cedar St. produced S 6 Nly of l'SI'til, R/W I. = 16,1(l0 Cunt. 1111,341 sy.ft. . .• //1.IF •i,ri.. : J,.etj ` b1 1I 5_J litt •I ' J . • • .,.\(I — WIIs '_ ItI;u.!o/ vi, ••• .... E,r, 7.,. 4 .k • . . ! Aim g4' :Itir 1,..it;"itoi. 7 " . .; i _' • .0,iillt)iir • . • 1 - ■■ ii• - i 'J24 's+: • vrlx,•tr1 WitMe! 1• -, ` 'l7 gr r 7 { iz15 f g . i!ti w1 l% k f"MS; 1 A r '� M., '�' Ply 1 1 114E 1 r..•.+ 7 or 7 IP" 1. •7 r . .• 4 ..r ''"Zr. �r ar •r \ 1 it . del . t . Q, _ • • "•4r" d ., ': ';tilt ., ;5. •: :;•• ..:.• • : . ' "Dv . c I---• V: I ..,'...e&-- • - ''', _.„, • �• ' II1r z.i•x P . + . ..• \;. O,•. 1 • 4 1• iro .'1 7,• ,' '*:71. y} 4!. ii4 z tea , , • ' 4q.°� _ • •.t,`J' 1�1Q1 ��q ` a»..J�a�a >,tih'' h�4 \s.. U1....:.•'7-:-.1-."'••r.4P 4.. /'.)T--4,-; .-kp;g...:ij s iC'k'I,_M.:4.1• -, 'air l.. . le•• . ` lIR ® -1 - ,., 1 ".1',i'r,{ i,A- r'J.aa,'. , occoc o 'o ®® 0 g, �L� I ' 0 ao.®® o . I , ,,,,,b, '. • .Agggg . .,111 L ci, . ', . :,,,,9.0.9.4,90282;2: --11,060.0•..;• • .....- /a -P:-.----; gUPhaze 2° >:ult..•.''.•.;;. ' 00000000n •, •••,;•i�� p P % i . . . s_ . „ • .„ „- . ...._ ,.._ . ....„ „- . . • ,— • . . .... . , , ....• •••- , . ..... ._,-- . ..•• IN •1 �1 .1 • 'I k T ,,,. •a,I a•rir/I lei.Iry:.w. ' ',C\ •-li? i• . • 1------, ....._. ___ —.-- _____:....—, • COMPREHENSIVE PLAN - RENTON HILL AREA • (DESC,RIPTION: THE RENTON HILL AREA IS THAT AREA . GENERALLY BOUND BY• FAI-405 ON THE WEST., CEDAR'. RIVER . ON THE NORTH-, THE HILLSIDE AND UNDEVELOPED AREA ON , • THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH• ) . LEGEND: • ' MEDIUM-DENSITY GREENBELT RECREATIONAL MULTI_FAMILY RAI 0 EXHIBIT A . 010 CITY OF RENTON, WASHINGTON �' ENVIRONMENTAL CHECKLIST FORM • ,NiNG 10' FOR OFFICE USE ONLY `-` ,.• , Application No. :J• ' Environmental Checklist No. (C I :):), ,j PROPOSED, date: FINAL, date: DDeclaration of Significance Declaration of Significance 0 Declaration of Non-Significance 0 Declaration of Non-Significance COMMENTS: Introduction The State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers, include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. • The following questions apply to your total proposal, not just to the license for which • you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating 'paperwork in the future. MOTE: This is a standard,form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your proposal. If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM • 1. BACKGROUND • 1. Name of Proponent City of Renton • 2. Address and phone number of Proponent: Municipal Building Renton, Washington 98055 Telephone 235-2550 3. Date Checklist submitted 4. Agency requiring Checklist City of Renton Planning Department 5. Name of proposal, if applicable: Renton Hill Zoning Review 6. Nature and brief description of the proposal (including but not limited to its. size, general design elements, and other factors that will give an accurate understanding of its scope and nature): The proposal is to review the R-3, medium density multi-family residential district in view of the potential impact on the adjacent R-1, single family, area. The area under review consists of approximately 12.1 acres and is divided into five contiguous parcels consisting of three different owners; one owner has title to three parcels. -2- ?. Location of proposal (describe the physical setting of the proposal, as well as the extent of the land area affected by any environmental impacts, including any other information needed to give an accurate understanding of the environ- mental setting of the proposal): The area under review is located on the westerly side of'Renton Hill (Note on attached map) . The proposed action will not have a • e land could have an adverse impact. 8. Estimated date for completion of the proposal: August, 1978 9. List of all permits, licenses or government approvals required for'the proposal (federal, state and local--including rezones): None required at this time. • 10. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Not with reference to the property under study. 11. Do you know of any plans by others which may affect the property covered by your proposal? If yes, explain: A tentative planned unit development for a portion of the area is under study, 12. Attach any other application form that has been completed regarding the pro- posal; if none has been' completed, but is expected to be filed at some future date, describe the nature of such application form: II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) (1) Earth. Will 'the proposal result in: (a) Unstable earth conditions or in changes in geologic substructures? X YET— MAYBE Nam' (b) Disruptions, displacements, compaction or over- covering of the soil? X YES MAYBE NO (c) Change topography or ground surface relief X YET FiAYIir NO- (d) The destruction, covering or modification of any unique geologic or physical features? X YES MAYBE NT— (e) Any increase in wind or water erosion of soils, X either on or off the site? YET— F1 8E NO (f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? s- NAB }( Explanation: Present zoning review will not result in immediate development or impact. I -3- (2) Air. Will the: proposal result in: (a) Air emissions or deterioration of ambient air X qualityl Yrs— Rua A- (b) The creation of objectionable odors? X Yt3— A'AYSE Ao— (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? YEg— CBE if Explanation: (3) Water. Will the proposal result In: (a) Changes in currents, or the course of direction of X water movements, in either marine or fresh waters? Yam' WPM WV (b) Changes in absorption rates, drainage patterns, Or X the rate and amount of surface water runoff? vrr— RAW 0- (c) Alterations to the course or flow of flood waters? X Yam— E RD— (d) Change in the amount of surface water in any water body? X Y€5 M Y E iii— (e) Discharge into surface waters, or in any alteration • surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? vrg_ MR-or 17� _X_ (f) Alteration of the direction or rate of flow of X ground waters? 7€5- PTAPEE 0- (g) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X YES MAYBE 0- (h) Deterioration in ground water quality, either through direct injection, or through the seepage of leachate, phosphates, detergents, waterborne virus or bacteria, or other substances into the ground waters? Yr5_ RA-ur (i) Reduction in the amount of water otherwise available for public water supplies? X vrs— RIME' NZ- Explanation: Development of said properties would result in a change in the natural drainage system. (4) Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, crops, microflora and aquatic plants)? X YE3— RAM AD— (b) Reduction of the numbers of any unique, rare or endangered species of flora? X Yt5' MAYBE Ao— (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing X species? YEE— AAvoE Nb- (d) Reduction in acreage of any agricultural crop? X TEE— NA TIE Ao— Explenation: • -4- (5) Fauna. Will the proposal result in: (a) Changes in the diversity of species, or numbers of any species of fauna (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? X • YES NANIT up (b) Reduction of: the numbers of any unique, rare or endangered species of fauna? X VET— WAWE NO (c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement • of fauna? X m H 0— (d) Deterioration to existing fish or wildlife habitat? X YE'— MAYBE iN Explanation: (6) Noise. Will the proposal increase existing noise levels? YE MAYBE NO Explanation: (7) Light and Glare. Will the proposal produce new light or X glare? PEA' WET fro- . Explanation: (8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? X RIMY R— The proposal would result in less intensive development Explanation: of the area. Less intensive development could result in a reduction in the potential environmental impact. (9) Natural Resources. Will the proposal result in: (a) Increase in the rate of use of any natural resources? X YET— MAYBE NO (b) Depletion of any nonrenewable natural resource? X V T MAYBE W U— Explanation: Rentoh Hill has underlying coal deposits. In the event the energy situation required that the remaining coal be mined, potential conflict with developed areas could occur. (10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) X in the event of an accident or upset conditions? PEA MAYBE HU— Explanation: • (11) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population of an area? Vtt- UNIT RI— ' Explanation: The proposal could reduce the potential number of housing units for the area under study. • • 1; (12) Housing. Will the proposal affect existing housing, or X create a demand for additional housing? YES MAYBE NO Explanation: The adjacent development is primarily detached single • family and one multi-family structure. The proposal could' reduce the degree of impact on the existing single family dwellings. (13) Transportation/Circulation. Will the proposal result in: '(a) Generation of additional vehicular movement? X • YES MTIYBE NO • (b) Effects on existing parking facilities, or demand for new parking? X YES RAVIYE NO (c) Impact upon existing•transportation systems? X YEv War Nb- (d) Alterations to present patterns of circulation or movement of people and/or goods? X Y MITE NO (e) Alterations to waterborne, rail or air traffic? X . YE- MAYBE N- (f) 1'ncrease.in traffic hazards to motor vehicles, bicyclists or pedestrians? X TEK- MAYBE N� . Explanation: Renton Hill is basically a large cul-de-sac with more than the recommended number of housing units for only one access. This access is directly affected by trains that block the entrance several times—per day pr sal could reduce ' the number of trips generated by hill residents. (14) 'Public Services. Will the proposal have an effect upon, or ' result in a need for new or altered governmental services . in any of the following areas: (a) Fire protection? YES WET 'NU- (b) Police protection? X YES FEE Nb- (c) Schools? X • YES MAYBE tr (d) Parks or other recreational facilities? • X YES MAYBE NO (e) Maintenance of public facilities, including' roads? X DES RKTRE NO (f) Other governmental services? YES YbE Nf- Explanation: A reduction in the development density would place less demand on public services. (15) Energy. Will the proposal result in: (a) Use of substantial amounts of fuel or energy? X YES MAYBE 0— (b) Demand upon existing sources of energy, or require X the development of new sources of energy? • YES OTT NY Explanation: . • • • (16) Utilities. Will the proposal result'in a need for new • systems, or alterations to the following utilities: (a) Power or natural gas? • irm MAYBE No (b) Communications systems? X YES NO (c) Water? X YES MAYBE NO • -5 • - (d) Sewer or septic tanks? X Yam- WAVBI' NO (e) Storm water drainage? • X • PE5 ffiTRY (f) Solid waste and disposal? X YES MAYBE NO Explanation: (17) Human Health. Will the proposal result In the creation of any health hazard or 'potential health hazard (excluding • mental health)? X ml- MIT Mr Explanation: Any development of the property in question involves • a degree of risk due to steep slopes and geology. A reduction in density involves a lesser degree of risk than the higher densities. (18) Aesthetics. Will the proposal result in the obstruction of any— scen'. vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X M-B NO Explanation: A lower height limit could result. (19) Recreation. Will the proposal result in an impact upon the • quality or quantity of existing recreational opportunities? X VEI- M-A t� • • Explanation:. Additional development could have impact. A reduction in density should lessen impact. • • (20) Archeolo ical Historical. .Will the proposal result in an alteration off a significant. archeological or historical X site, structure, object or building? Yi:s MAYBE N Explanation: • III. SIGNATURE I, the' undersigned„ state that to the best of my knowledge the above information is true and complete. It is understood that 'the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lac of f 11 disclosure 'y part 1 Proponent: '&4. — • ��_,�. gne' arming Director GordonEricksen for City (name pri ed) of Renton • • City of Renton Planning Department 5-76 • p 1.0, " NOTICE OF PUBLIC HEARING ; ` ., .,' r V✓,:, e,ra,,�1ty .v�j .i .. :! '3''yr riV',: ::,, , ,` ` . ci!,' RENTON LAND USE HEARING EXAMINER • 'n. ? .,',•'•kV iiA! , `'d: RENTON, WASHINGTON r.,`.,'. '�:• ,. A PUBLIC. HEARING WILL BE HELD BY THE RENTON LAND USE HEARING. EXAMINER . ' •;.,,,.. . , AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, `,,- ,,!!. WASHINGTON, ON JUNE 13 , lg 78 , AT 9:00 A.M. TO CONSIDER '. yr THE FOLLOWING PETITIONS: :,i CITY OF RENTON, FILE NO. R-178-78, ' APPLICATION FOR REZONE FROM R-3 TO •: R-1; property. located on the west side of Renton Hill and situated • south of South 7th Street, east of FAI-405, north. of. the Puget Sound ` and Light Transmission Line Easement, • . • and east of the subdivided property. Legal description on file in the • • Renton Planning Department. •• • . •a r • jr • • • • • ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE' PUBLIC HEARING ON JUNE 13, 1978 AT 9.00' A.M. TO EXPRESS THEIR OPINIONS. June 2, 1978 GORDON Y. ERICKSEN' ' PUBLISHED RENTON PLANNING DIRECTOR CERTIFICATION 1, STEVE MUNSON . HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT, WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ' . . • . ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ' . . ATTEST: Subscribed and sworn . to before me, a Notary Public, ' on the.-, day of . %1 ./ > ' , . 19 _I b . 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THE PUBL I.C.-,,Is„, INVITED, ,.'79[: 7-,,-, ':,;:;.•`1-';.''.••', '. ,,..'.•;'•';•?....,,•,,..f'.;;..'•,,...:,- •;,,•;,:'•;',;-• •• I,;,'',• V:,,•;t, :': ‘•••;.•,':t:';:':''',C'•••::•. --,'•,i';7?,','.•,,• "''•..; '''''' ''' -'' •. ' .• '•-• ' ' : ;'''• •:f' •' ':••' '•••'' ..,••' ''.'•'•; ,2:•.::..•:',•'.•- ',';'”.'••',:'`.•;•“':'i••''1 ;••'::••-''%:''''•./1::.:q•e''',',!•;,'.', 11,:;r,,.••••:;:i:,,,-..';•i',,l'.':`,,.4:.,,i';'' ' ''••.''''':•''•• : '''COMMENTS, IN "WR ITI NG,,• ;:.,,,,-,' - - -....,'-,'•-• -,,I F ADDITIONAL INFORMATION J ..•‘::-.• .,-;,-,,,,•,-1:: , --d.,, .:•.;'-?,•,!.,!',,;:'. .,•, .:-,,...-1,-,%..,,c,•,,,'",-,,,.-,-,: ";•-•;,,,,,,!,,,••;•,..i.:•--,s '''''::''.:-:::;''' -•."- ,'' :- ', • r) „1:J3-,..,, j ,.•.-',„. .",-,.-.-.-....'.-,,,!k.- -.?,,, , .,, ,,,,,•,1,,,„..;„,,,,,,w„ ., ..'''.•",:',:.'''', ",..:. '•..''':. • - '...;:'' r•1 f‘i'.fir FiElkiTON''' -''''PLANNINGIEPARTME T;T:'....-•Z3T7?....5-9,;,..'...--:•••,P.'•'...•'::..,z.-- !.-',' ,,,.. .-, . -. 5,2.,....:-..,-;.,) •, ...... ,•:,:,,.• ,- ...,,-.', '.,•,,,',-;,-.,- , .,,.,A;w,,vg,...,,..,io,,,,,..S.'-'27.r•',;;.,r,!,, :.',7'..:-/. 1...7../,'': MUNICIPAL PAL'''BU Ill ING200c MF1-1:',Avt,i•.. 0,..-,' t,-,)1...',:';'',:. ' ;;•.-.,......,.,•,,.:.)0,-.....i,;•:.,, • -- .' , .- - • . , •,. ... . ' ,•.. -.'r.- • ,.,..-,•., ,..i••-''.'...I • '....', ..-.". ---"r.4', •,'Iv.:Y;•;i.',':.;, :i;f.;,...,,',,:;',',.-,,i',--':'',;','.',....'''...1:'s'.'..r.:',..'..:1!:,;:.','I'f '1;. '''': '1''':2 E''''''..:.•. '‘ 1 . ..‘ '''• ''' ' ..•.''. '?' '-''''RENTON..',WA!.:498.05. ...,..,.....,''',-,,t:i',-.,.-.':,,..'..,•<NL::''cv--rt.ffrf.1;',..;,''..,5-!rn.;,-;,'=',...- '•'•..i.,..•-- . .. . . . . . . ., • .. , w .-,. •-... Public Notices mailed as follows 5/31/78: Renton Hillside Properties VicWong Transamerica Development Co. Pacific Northwest Bell 1111 S. Grand Ave. Diamond Bar, CA 91765 0 S.W. 7th - Room 212 Renton, WA 98055 Mary Tyrrel Pushpakant R.. Patel 155 N. 35th Division Engineer Seattle, WA 98103 Puget Sound Power & Light Co. 620 South Grady Way Puget Western, Inc. Renton, WA 98055 Puget Power Bldg. • Bellevue, WA 98004 Wm. A. Montagne Vice President Transamerica 600 Montgomery St. 7th Floor San Francisco, CA 94111 Craig Wentz' Attorney for Transamerica Shidler, McBroom, Gates & Baldwin 1000 Norton Building • Seattle, WA 98104 Patricia J. Parks Attorney for Transamerica Shidler, McBroom, Gates & Baldwin 1000 Norton Building Seattle, WA 98104 Kathy Keolker President, Renton Hill Community Assn. -�— 532 Cedar Ave. Renton, WA 98055 Robert McBeth 505-B South 3rd Renton, WA 98055 Renton City Council Mayor Delaurenti Renton City Clerk 175 copies of Public Notice re. hearing delivered to Kathy Keolker for delivery to neighborhood through Community Assn. on June 1, 1978. Y..57••••.;•.:" ,. ,,,... . . , . fv.i. . . 1"?: :'';';'''''''''' ''''' . • . 'A',$!"':-...', ..,,:'';'',:''''.v.. 6 . ., . •...,01,. V,Ii;,-'.';'...',:,!,/-"'N'',' . . ,.-• ,:',.V,,..,,,,-F,'.., y7:41.4t..,,,,),! ')3141,':',:,,.''..::',';'',,:::,•• • / • 0 I • :Y-4i':','.., .':'r'''.:',.1-,'':.i.A ....t,.,;`,+;;?.;:,:.:,,;„?: -• ic..f.7.':,,-..;,:p.:, .,,,,,,...,,..,, . • . - 3P:16.:.'` '=i;"•;•''' ',',..i'4,:,,,: Tax Lot 85 - Section 20-23-5 (NW 1/4) '4;1 -.',..:.,,r:-.,:.e,!„,,, . • . . N ,,I .• ,,. ..,a, ,.. 'N R o entn Hillside Properties .,'4,.;r..4;,•,.....„,,,,,.^:;.• , . . • , [1-...:2f.,:, :::, ;,•;:„,! Transameriea Development Co . . • • lrand Ave. . DiamOnd Bar, CA. 91765 ' . . .-',;-.1.';', ',-',..-:.,--']'`,-?•:;k, ,-_,,, ,':.;','.!•Y:',. , ,'' ' Portion Govt. Lot 1 lying northerly of Puget Sound Power and Light Transmision line . : ' It/W and easterly of PS1101 (1-405). •,, .,-,„!;:i•;;;;',..',.:',,'!'f.:. , •'.' • Cont. /34 000 -q ft :":.:'''.',,:'.,:''',g1- • ',: - • ' ' ' s • • L = 21,400 . . . • • :,... '''',:'='•';'::.",k;,;',,::v ' ......: , , . . . . . .• ,, • ::,' ,,,N: • :. ; . . • . . . • , ',...„:0.6:' '.' Tax I ut 191 HTDC 1137 • . . : Mary.Tyrrel • „ ,,,:1:,!..':-.': . ,,.' .-.' -. ' ..1'.';- ...•'-'"".: '. . . •irr N "irth ' • .:' •,' '',':',6 • ., . .'". 'it l WA 91 . . . ,:. • ,,,..• .. .,;;,,: . • e, - 803 , • , . , . ' , . .,.. . „. . , • .. ''.' • - Portion of D.C. lying in NE 1/4 of NW 1/4 Sec. 20-23-5. Beginning at N 1/4 corner of . .. ....,,...,, ,,...., , . , '. ,' .,. , • Suction thence W. 07.02 ft. thence S. 01°26-49 W. 1198.85' thence N 88-33-13 W , • 669.65' to tpob. , Th. N 01-26-45 E 154.89' th. N 88-33-21 W. 319.83 ft. thence . . S 01-24-21 W 92.42' th. S 67-03-41 E 354.93' th. N 07-22-33 W 68.39 to tpob. Cont. 50,260 s .q ft. L = 28,800 • . .., , '.. . , • . , . . . . • • . •. , . • . • . . lax lot 191 • . • .• ' Renton Hillside Properties • . . . • . . . .• • 'Frans:mot-it:a Development CO. .;• . . . . .. . ,. - -.- •, -. 1111 S. grand Ave. .... , • . • • hiamond Bar, CA 91765 , ., • • , . ' • . , --,,,..1;0 . . „ . . Port ion of II. ILIA-Donation Claim No. 37 northerly of l'SPW. It/W southerly of N. line . . • ;ec. 21), _Twp. 23 N. , It. 5 C., W.M. and westerly of N. line Highland Add. and Sd. W . . • . "• line produced south, ,•,.. . , . , . ,. • . . • . . ' . Cont. 67,150 sq. ft. I. = 7,100 .. , . . . :• . . . . . • . . . . . . . . . . . . . • lax kit 195 . . • • . • , . .• . • • , ,:, -, ' r t W Puget Nester!) Inc. • Puget Powor Bldg. . , . . BellevUe, WA 98004 • . . . • . , . . . . • . . Portion of II. II. Tobin Donation Claiiii #37 southerly of highland Add. ti S. of S. in. of . . !sd. add. prod. 6,111y. of PSKI. Co's 2(10 ft. R/W and east of W. In. of Grant Ave. prod. • . • • • ) ' • . . , • . , S . • . . . Cont . 55,400 sq.ft . L - 2,000 . • . . . _ , • .• / • • . . . lax Lot. 196 .. . . . . . . . . . • . • . . . Renton Hillside Properties iraff.america Development Co. 1111 S. grand Ave. . • 16 amond Bar, CA 91765 • / , . . • , • • Por. or IL IL T6bin Donation Claim.#37 sly of lots 4 and 5 Highaino Add. wly of W. in • Benton St . Prod. S.,ely. of C/I. Cedar St. produced S & Nly or PSP61. R/W Cont. 110, I.sq. = 16,100 , • • . '. ' . . . . , . ... . . . , . , , . • . , . . ,. • . ' . ,. • . , ... . . . . . . • • • . ,. . • . . . , . . ' .;•,,. „ . •. . ,-2 . . • • . , . . . ' . . ' . . ' „. ,..., - .. .. .,•. ,,'.., ' , • . ' . . ' ' . • ' . . , , • • • ' ,:., , , •.,' •' . ". . • . . . , . , ' . • . , . .., —. ••••.• • ., . ,., .. ,.„,,• , , - • , . . ..... J . ..: ... . ,, . .. • . . • • . ,.., „.... , .. ..,.. ,. • •. • . . . - . . . • , • , . . . ' . . ' • . . , . , . • . • ' . •". •• ,,'.; ‘• ',.• ' . , .. : •• • '.*, . . ' • . , • • • , . . .. ., , . • . . , . • • --4'"`•rr7Y: 77 47- 5' -/-7 --VZ dig 'vaell in f)ol 1J e (9/ , . -�-1[ r, cattily p•g^g/9-0O3 -cto) Y'43 Q �si bI ! (9 4 ° "' QS1 eqh !)1V jr ;! r • `.'. - NOTICE OF PUBLIC HEARJG • ' ' .yw '4' ., '` ;' RENTON LAND USE HEARING EXAMINER • ti`` RENTON, WASHINGTON "'= '' ; A PUBLIC HEARING WILL BE 'HELD BY THE RENTON LAND USE HEARING EXAMINER ,;;':64-, AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, . ? . ' •',1i� WASHINGTON, ON JUNE 13 , 19 78, AT 9:00 A.M. TO CONSIDER' . , `F' THE FOLLOWING PETITIONS: . tip' 'I' dry`"xdr :•I. ., .' CITY OF RENTON, FILE NO. R-178-78, • APPLICATION FOR REZONE 'FROM R-3 TO ' R-1; property located on the west �'. side of Renton Hill and situated "'° south of South 7th Street, east of FAI-405, north of the Puget Sound and Light Transmission Line Easement, `�5, 'r ;`,` ' and east of the subdivided property. ' Legal description on file in the . • Renton Planning Department. .j i ` • • /r . • ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT • . THE PUBLIC HEARING ON JUNE 13, 1978 AT 9.00 A.M. TO . EXPRESS THEIR OPINIONS. ' June 2, 1978 GORDON Y. ERICKSEN . PdRLISHED RENTON PLANNING DIRECTOR CERTIFICATION ' I, ' STEVE MUNSON • , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME, IN THREE CONSPICUOUS PLACES ' . ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. • . ATTEST: Subscribed and sworn •• • • to before me,, a Notary Public', 1 . . on the_ day of . t t t Y , �" r�� 19 1 SIGNED ,, -.k T/'f -.�-,iii - • • ftv �, ® . THE CITY OF RENTON ., • MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 0 och p CHARLES J. DELAURENTI , MAYOR • LAND USE NEARING EXAMINER • L. RICK REELER . 235-2593 Ao44TED SEP�EW�� • June 9, 1978 • ' TO: Lawrence J. Warren, City Attorney • FROM: L. Rick Beeler, Hearing Examiner SUBJECT: ' Renton Hill . • - The Planning Department has divided this area into separate portions for My consideration. Next Tuesday, June 13, 1978, I will conduct a • public hearing on the first portion. My question is, will this division of the whole area in question pose any problems for my decision or the pending litigation? • Shall the entire area be considered as one entity? 1 • --T-61N .L. Rick Beeler ` ‘ Hearing Examiner i , • rp � * zw Cc: ..-Planning Department ;•)— ��• H Chairman, Planning & Development Committee l r . ''v QQ PCANN\N-/ • 162 • • OF RF . THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 o °% CHARLES J. DELAURENTI MAYOR i PLANNING DEPARTMENT • 04) ' � <I- 235-2550 • • .40 SEPjtwe • MEMORANDUM • June 5, 1978 . TO : Gary R. Kruger, Senior Planner FROM: Steve .Munson, Assistant Planner RE : RENTON HILL REZONE SOUND. MEASUREMENTS COTHER FIELD . ACTIVITIES • Sound readings were taken on various 'da.tes .'at several locations to gather data for the proposed rezone of the General Renton Hill area. Six (6) sites were preselected and measurements taken on separate days at four (4) pre- determined times . Measurements were recorded for the ambient , .highest , lowest , and average levels, of., each site . ,The. start and stop time . for every reading was also noted . On the days indicated, a windshield was utilized . Principal noise sources were identified and weather conditions . des- cribed . , . On these same occasions , numerous photographs were • taken at the sites for supportive data . SM : lml NOISE SURVEY Date: • / ' ' Time: Start/Stop Weather: Equipment: Calibration: g fft--? SKETCH Start/Stop LOCATION: AMBIENT LEVEL: dBA MEASUREMENT LOCATION PRINCIPAL NOISE SOURCES SOUND LEVEL dBA Ce..) Osjg.0 -TT 7174 (?) 66 c ' C-3 'e / , , _ .0.1) , , • 1' 5.) c, 3 :771 g -•': - _ REMARKS: Recorded by: ,024A- ECY 030- 1 - 1 Signature ; • NOISE SURVEY Date: Time: (1%:? 1, tO r• ( - Star /Stop Weather: /Ne. t ( L. / 'fe 'S k r a IC 4t1,j74 Equipment: Calibration: SKETCH Start/Stop LOCATION: AMBIENT LEVEL: 413 ' dBA MEASUREMENT LOCATION PRINCIPAL NOISE SOURCES SOUND LEVEL dBA / 5 T e. # 9 3--1 5 0) q;lify.SL _ - •s c? REMARKS: Recorded by: 44361„ 71160-0.-440%-1 ECY 030- 1- 1 Signature NOISE SURVEY Date: - / ' Time: Start/Stop Weather: ro 1.1 r • Equipment: WA) c�kj .(j1,)644 Calibration: , SKETCH . Start/Stop LOCATION: AMBIENT LEVEL: dBA MEASUREMENT LOCATION PRINCIPAL NOISE SOURCES SOUND LEVEL dBA •.• re, /._ ••••••, e -" 81 Cr-A) t L ,•••• • AL., ‘5, 36 ••.• . ,rr ; r 73 6' 61 ,,/^ ;^c. • ,. `J••• • • `i F.) • ) , • fre, /? •2•' (‘`.. St ‘S n, ) q q q q. • , 7:1,:";1()1:`3: • .„. ,7• /1, •• f' 4 Se.;01-.EIPY REMARKS: Recorded by: 9tetk.444.4„ ECY 030-1-1 Signature r.7 NOISE SURVEY Date: Time: Start/Stop 11) Weather: rcv_ir: t›, 45 6 '10 rfri . (c Equipment: Q•eg• Calibration: • SKETCH • • . Start/Stop , . • J • LOCATION:' AMBIENT LEVEL: , , • • . MEASUREMENT LOCATION PRINCIPAL NOISE SOURCES SOUND LEVEL dBA 76 -CF (-2) /P,Pr•/ ivI / 1 - A • t 4, (1; 1V1 w, A K.,.ti „i/;„(„ ,64/6-7 s7 "VS (c) t'A • , 1141),2,--4,/ i") C.; , • I , 61 Vy REMARKS: • . Recorded by: jitV-4:2-e CY 030-1- 1 Signature it NOISE MEASUREMENT PROCEDURE Instrument: Portable hand-held sound level meter (i.e. , GR 1565, B & K 2205) . Procedure: 1. Always check the battery before the instrument is used by turning the appropriate knob to BAT position. 2. Remove the microphone dust cap before the measurements. 3. Select the weighting scale to be used (usually A-slow) . For impact noise, the FAST response scale is used. 4. Hold the sound meter out in front of you, keeping as far back of the meter as possible. The meter is pointed at the sound source with the microphone at an angle to the sound source (an angle that allows easiest viewing of the meter scale is about correct) . Stand at least six (6) feet from any nearby object and hold the meter at least four (4) feet above the ground. 5. Read the dBA reading to the nearest decibel. For continuous- type noises, watching the meter readings for a brief period of time will probably suffice. If the noise intensity varies, the range of the levels should be noted. See Note - NOTE: For intermittent noise (such as traffic) an additional measurement procedure must be used to account for the statisti- cal distribution (see MANUAL NOISE MEASUREMENTS) 6. Obtain all the necessary information required on the NOISE SURVEY FORM. 7. The ambient (background) sound level reading is important and should be obtained whenever possible. Measurement of the ambient level will require that the principle noise source be shut off or else a reading should be obtained outside the range of the principle noise source. 8. If there is any wind or breeze present, a windscreen should be used. Wind will affect the reading. • __�� ! _ • ' , 1 1, , I - Ix ii <�'"� -'ram %3 7~T H.1) 338 x --'fAVE ^\ X 36�'-------• /�- �� ./. - -' • --- �_ ` i f ,I f u }' �� T f /` y _.t- I./1 1 [ ''I ':I: I ( ! 'I li 1I! I r II Q j�f C j,E ` i r4 4 _ -4 P. • ij 1� I I o u I 1 II S. ,,'• G I •I i I f.•I I i I i..�_� .I I' :� ' i n I I Y `\ �i ' 1 I ii 51 •{ 1' ' I I ~ 1 I I Q rj I J lJ f �_ i r I I \ \`\ • ;�:.z j • I I "Y -i . r II' I I •'I ) it I r II 1 I =I IJ 1 1 �\\ / //>2' -1 I ' •,I •r: • I IJi '1 `l i�i` i I� ' N -IN - I I-. 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N lj -); 111 D \ ri I 1 11 f ...4.. .. �.\ nl r I \ 1�I I~ ` 11 • �� I I \ I I II ... • • PARK .,,. . ./. • /� / .- ",/ ;moo ` , ;• i •/f 1'. , 1i0 I I I _ �� 11 ..,,i, , L r f, _ /• \ / II �I- `•� /� 1 1 1• , .11' n1 — I. -I J 1 .� II/IA -! • w v.h; \I\ I ! r 1' 1 T 89s rrin"� 11x- I �, -rl4111. / • _ _ : • 4:4 /,_„-i, , /' 1 l, . t •� ) \ II k I i r • r \ t.`I , • ) \ 1 r S I1 1'+--r,� 4 E: III ,A08 T R E a S Immori . . iiiii, (..''.;..ii t 1 .(1' • /7 ,,, . , - , kv I,. ,\ . , ...... :::•;;;:lt.::4 10:-/ /t/ ;C::• • .• • • I .- \\\ ' \ ' .4*.' • ' /,./.1/.,:e/.11'7.;.1;!,.:7;,.,.-5,,e.e,.-',/.:-7;1..1/..,,'_...., _.r.. .., ,,,,,e1:/,=_ _ ___...--L__.\ : fi >, -(. .i. ,i‘\\Ik‘ . ,1:!:: ..il :: >,,..2.:, likf.,.; ,4\. .-\-c\ • il . • \ , N: ...;:ri.,....,....7 .,. , ;Li. ! ---r„—. , y..., .../ 1 —\\ \ : x ,,.. s. \,. ,,m).»,\\\: - • ,... , •,i.ui, ;%-. : ____\, ___\_____— 4 ter. .1 - -.- 011y '.4-.. , .,____. i 1..), \ -- \., .\,,...,y; p I r r J-� r \ \ \. :I? �.r' \,� N N \ i I e \ \ iJ NI o ` '/: 1 r-, . 11 ;\ .\0 N 0 I \s i, N `� 'TREES - \�,I ' ' • / T R.EES \ \\\.- Li' • �� 1 )� , 1 I o I\ \ \ , ) I \�\\\'�'1'I I 1 I I • \ I; \ I \. --` �^i i 1 200 \; �; L/ I I " I(J �, ` n 1 �A�s_p�'xk" ..a'gms&�i.a.'.,.'.Y2.A'F�3M F.w a.-v..1N...,a .... ... .n . . ,.. ....•. .:b.... .i .,. .'.. ...! :a. ._ . .. ...., ,."zwr. "r.r.;.....,`,t a.:C L..._L',;::,'.kS..'iu":{•L'r:.cw::;=2:Z:awS�':;'�?ti , oc `: eC ;i Z PUBLIC WORKS DEPARTMENT BUILDING DIVISION 235-2540 re) 4444. -4 MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH-98055' SEPZE May 24, 1978 CHARLES J. DELAURENTI MAYOR TO: Gary Kruger, Planning Department FROM Building Division SUBJECT: Renton Hill Building Permit Data Per your request of May 23rd, following is the information we have on file 1976 - . 1 New Private Garage .9"-- : 1 New Single Family Residence 1 New 2nd Story on Single Family Residence 1 New Addition to Single Family Residence • 1977 '1 New Private Garage and Lowered Basement`' 2 New Single Family Residences. ✓. 1 New 8-Plex 1978 2 New Single Family Residences RGN/mp ®F RF `� prcFI�1a o\ : . MAY 2 is',41101 ��. ��'G or=paR� . '-':'.•':::';,':, 1 41 : g : 77 _,../ 6..,(----(...7--((. el--e.-7:<_:74, •---t-'---7i.-- ,T4.4_.k:- -7--e--Z-,s' -I , ,e•-..--.7? _'42 '-',/e/_-/ -6; 6::;:6 )--e..--ed , •_1/ '.--.!Z ,e2.2•`- -W ,/9-- 7f • ' " / --. 6:-. 7P : Y// :---•6.--2 / '"/ /< / _. ;,.....e........ 1 V-,...24......1 ei.,..% ,._... e.„.e:•"•-0 - ,- -"le-1:j • .e1:---j."'--4-, /*...)"..."-C"'''' ' •"7-2.2e...e_l ..,e..e.--e-e-e-er...- er e/ir-e_.- 7 /1 /, (---j/ #/ /,.? D - I /- / .-r' -7,fr • d .4.% *--- ---4--e - _ 7-- • • , 6-.,'..1-(__ •e--7-z-e---/- ",--, l/ .."/j? -5't - 7:e 7 / `/.- - / .?.. I,: ,z_i e-2-7. j ,....6_,,,c...e.... . • 7 / _ o, ' A ---; _ .. . . . er. •.741t--ti:.- -e -Aor-=-re--e--Iez-e,:- Ze':--ee--.Z • ,.--- ---e- d (/a . /,i 4-e..i. ....53 D. 4/. 14) - • ',•:•E ' . ' ....,..77'4..17..:a.'.'••4.:. •:, . • ... . '• . . . . . . . . . . . , ...;:, . r •) . . . . Yo ,.._./...-• -- -./ / / / _,e...-1 ct:3---,-!.---e-4:'!...e.../...-e___....-,___,___.e—7.-z- Zi . . • , ., ---,------- J-E-..,E7',--._ .--....-- c . - ..- ,e;•---. 7.'._ ,,_-/ 7)1 77.'-• / l-1. 3 7 '•-•• . ,.. ._ . , • ____ . .... . . . . . . . . . . . • . . - •, X-e-ef. ----se z.,..___,... . . . .. . 4 • , • l• (/ . • -- ,4‹..----'Ll----. .'/ -_, .., . f "...(--e---e-e--. -:;f:- 7•It:6.7/ --'-e•----'ert..--,• --,,G--, r • -,...„,/ „......„_.„,___ , . •, .,... . . .. •.' •• . , . . . . . . , . . ... . . . . • •,, • • • • . „ . . • . . • . . . . . ,. : . „.. • ,,,,:.: • . ,:.;-.::.;: . . .• • • pF R � 4 A C.) yrA4- Z c OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON Q .i ti POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 95055 255-8678 • AO e' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT•CITy ATTORNEY rEO SEpIC° May 25 , 1978 - MEMORANDUM TO: Gary Kruger, Senior Planner FROM: Lawrence J. Warren, City Attorney Re : Renton Hill Rezone Dear Gary : I have reviewed the documents you had sent to my office and would note that on the front page , item No. 6 , where the zoning requested, is listed, you have "Not specified" . I would suggest that this be changed to R-1 Zoning. I do not know if there is additional documentation that will be prepared by the Planning Department which would include the aerial photographs I had suggested, a ma7 of the streets in that location, together with a topographical map . All of those items need to be placed in the record if we are going to adequately present our case . If you have any questions on this, please feel free contact me. �� ;.__,,La rence J. War n. LJW:nd ita f RAC•'liV, 1(1c), Hui._i Y 0 0\ MAY 26 i9i 3 or , 1 , THE CITY OF RENTON J...sov Ft ,.. . ,t. H Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 op CHARLES J. DELAURENTI, MAYOR • PLANNING DEPARTMENT 0 Q' 235-2550 0P4jf0 SEPS��O MEMORANDUM May 23, 1978 TO: Ron Nelson , Building Division Supervisor FROM: Gordon' Y. Ericksen , Planning Director By: Gary R. Kruger, Senior Planner c-'r' RE : .RENTON HILL REZONES ' BUILDING PERMIT DATA As background information for th.e rezones initiated on Renton Hill by the City, it would be very helpful to obtain building permit data for Renton Hill since January 1 , 1976 .. The information should be collected for new single. family dwellings and rehabilitation of single family construction by year. . The same informa- tion plus the number of housing units should be gathered for multi -family dwellings . Should you have any questions , please contact this department. GRK:wr cc : C. ' J . Delaurenti , Mayor Warren Gonnason , Public Works Director . . .. . . . 41,' . . . .., ,.. ,,.' ' •. ,. . • . 4r, ' . , • • • • • . . • . ' , . ,••,.... .. .. . , . , • . MEMORANDUM . .: • . , .„.,•, . . . . . • . • . •_ . • . . • • .. . . ..:;-•.,,...': ::To ' GORDON 'Y.' ER I CKSEN, PLANNING- DIRECTOR • • , . -. •. •• •• • DATE- 5/4/18 . . . . . • . . • - •:.:i :, . . FROM RICHARD GEISSLER, FIRE CHIEF . . . • . . .:.• , • . . . . .• . . , . SUBJECT RENTON HILL REZONES -- PHASE I . . . . . . ' • -. . . . . • . . . . . , . .- . . •. . . . . . , . . . . , . . . . . .. . • . . . . : . . . . . . . . . . . . . ." . '...:''. iREGARDING THE RENTON HILL REZONES, PHASE I .(ZONED. R3), WE FEEL THAT PROBLEMS'W.ILL..:Pg ''. :•..:..' . . . ENCOUNTERED 'IN 3• BASIC AREAS:- . . . . . . . • • . 1 . . • • . • . • • . . . • , , . . , . • 1. THE RENTON HILL REZONE AREA IS ONLY ACCESSABLE FROM SOUTH 3RD STREET WHICH IS ', '' ''• ''. UP HILL ALL THE WAY AND IS FREQUENTLY BLOCKED BY TRAINS ' ' ' • : ' ',. : . - •. • . ,. . , : • .. . 2. THE PRESENT- WATER SUPPLY IS NOT SUFFICIENT 'FOR.ANY- LARGE BUILDING COMPLEXES. . • • THE WATER SYSTEM FOR THIS ENTIRE AREA WILL HAVE TO BE UPGRADED TO MEET I .S.O. REQUIREMENTS* . • . . . . • . . . . ..' , , . c... .• 3.. As THIS AREA DEVELOPS, THE NEED FOR AN ADDITIONAL FIRE STATION IN THE .SOUTH END ,'! .. . WILL INCREASE, THERE. WILL ALSO BE A NEED FOR AT LEAST ONE ADDITIONAL ACCESS. ,. . . , • .. ROAD (POSSIBLY GRANT AVENUE. SOUTH). • • • .'. • ' • ' .. . . • . . . • _...,. ... •'..7/-'..' ' ,..%•},,,,, .;' • : ,7T/0, • . . . ' . '. ' . • . . . • . . .. ..,7>;..... ,.‹. ..::,,..'i ,,<,,'; ',.;g.--1.2-.4!.....%...„ ,,:...::':. ' . ..- • ' . • . . .RICHARD GEISSLER, FIRE CHIEF . . .. - .. ' , - . • . . . .RENTON FIRE DEPARTMENT . . • • . ,-.....r=-7.7.... .... . . . • . PE '• , , - \ . . - . /0, • 1 V' • ' • • RG;Jge •,f, . ,C • .• • . . . /:''•• ( 0\n . • . • A.- cr;, .0) _.13 ••• •:,\. . ' /(.) . . . -- . . .• . . • 1‘Lt ,°„.\`+; • . - • r. )21 k.," - • • . •. ,,,t; ___...7.--7'-''''"." , .ell . . .• ,,,,, -*V • ' ,. • . • . . :-(14„, '`.'Q_'/.1:VG DVY-';"- . . . • . . . , . . . .,. . , . ., . .. • . . . . • • . • ,"- -IitI1/4 NN ' . . . . • . / KUN (314bC11. \\s . • - i ( ; . • • . . . • • . : . . . . . • • • , . . . • . . . . . . . . .. ...,... ,......y. . • • . . .. • • . .. • . . . .. . .. . . . , .. .. • •- • " ."•• - •• . • . . . . - .. . • • • . . • . . • . . . • • . . • . • . • . . .. . • , • . . • . . . . , . . . • . . • • . . • . . . . . . . . . . . . . . . . . . . . • . • . - • • . . . . .. . . .• ., . • . . . . . • . . . . • . . . . . • • . • .. . OV GIC 4 -v s+o C.) v0 ., i Z OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON h y f 8 .7. POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON, WASHINGTON 98055 255-8678 O s�VA ..j(O, p Q' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 4)'it°SEPltw September 1, 1978 MEMORANDUM TO: Rick Beeler, Hearing Examiner FROM: Lawrence J- Warren, City Attorney RE: Transamerica .vs City of Renton Dear Rick: Please find enclosed a copy of a Stipulation and brder for Issuance of Supplemental Writ o.f Certiorari in the above captioned case, and a .Supplemental Writ of Certiorari . The pleadings enclosed require. the City to transmit its files Exhibits and tapes to the Superior Court for review. Would you please take the necessary steps to forward all relevant material on this case that was generated during the hearing over to my office for forwarding to the Superior Court. If you have any questions , please"'feel free to contact me . (----)/ Lawrence J. Wa(Epen LJW: nd Encl. cc: Mayor Council President Del Mead i c OF R� ~I \ ;� O OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON U z z finis+• •-+' POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 eel r0 LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY lb 0Q•V August 28, 1978 �TEa sEP1- 04 Shidler, McBroom, Gates & Baldwin Attorneys at Law 1000 Norton Building eattle, Washington 98104 Attn: Mr. James R. Irwin, Re: Transamerica Development vs City of Renton Cause No. 838739 Dear Jim: Attached please find the original of the Stipulation and Order and Supplemental Writ of Certiorari. You will note that we i have inserted the following language in three places : "Questions re: form and party to bear cost of transcript reserved." This will confirm our understanding per my telephone conversation with Mr. Binney of your office this morning that the question of whether the transcript of the proceedings shall consist of the tape records of those proceedings , and, if verbatim transcripts are required, which party shall bear the cost of preparation thereof, are expressly reserved for determination by the court in the absence of agreement by the parties . As we have discussed before, it is the City' s position that the taperecordings constitute an adequate record for appellate review by the Superior Court . We understand your position to be that a verbatim transacript is required, and that cost for transcript is to be borne by the City. We have executed the Stipulation for entry for your convenience based on our previous agreement that in. the event of a decision adverse to you the rezone record would be made a part of the original, review proceeding. You should also be informed of the City's contention that your action for review of the City Council' s decision is premature in that the Rezone, Ordinance has not yet been adopted. We anticipate the Council will adopt the ordinance at its regular meeting tonight. If you have further questions , please advise. Very yours, Daniel Ke logg DK:bjm Enc - . • • • / 4OF ReA. //k.1 41 v :_ 0 v `; j Z c OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTOr cp �� 4 Zs' OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON• WASHINGTON 98055 255-8678 CO' O LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEI i.f94rF�SEP,00 April 12, 1978 • ` Hon. Charles J. Delaureriti, Mayor City of Renton Renton Municipal Building Renton, Washington 98055 Re: Transamerica vs City of Renton Dear Charlie : ' As you know, the litigation on this case has been stopped for the time being and the case remanded to the City for hearings on a rezone. Since this case, however, is still in the Court, I would like to see the rezone hearing held as soon as possible so we will know whether or not any further legal action will be taken . I have spoken with Gary Kruger of the Planning Department and he indicates that there is some problem with the Planning Department 'immediately turning its attention to this case due to the press of other important projects and a lack of available manpower. The problem is intensified due to the fact that Mike Smith lives on Renton Hill and he has an apparent conflict of interest with respect to this project. Mike is the member of the Planning staff that normally prepares the Planning Department' s reports to the Land Use Hearing Examiner. Further, Mikes assistant was recently hurt in an automobile accident and will be off work for sometime in the future . I think it very important that this project receive some sort of priority and request that you discuss this issue with Gordon Ericksen. The Planning Department is concerned that if they turn their attention to this project that they will be subject to criticism for not pushing other projects that have been referred to them by the City Council or otherwise . Your assistance will be greatly appreciated. Very truly yours , Lawrence J. Warren LJW:nd City Attorney cc : Gordon Ericksen Planning Department City Clerk Counri l v,-,-,.: --i- - . 1 4-1 U ti ti OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON o Ej I POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 00 O,Q. 0�Q` LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY gTfo SEPttw February 23, 1978 MEMORANDUM TO: Gordon Ericksen, Planning Director , FROM: Lawrence J . Warren, City Attorney Re: Transamerica vs City of Renton Dear Gordon: Please find enclosed a copy of a Stipulation and Order Modifying Stay of Proceedings in the above captioned matter. As you can see this permits the City to go ahead with its rezone hearings on the Transamerica property. I would ask that you immediately take the necessary steps to start this case in motion. If you have` any questions on this matter, please feel free to contact me. • 4, f Lawrence J. Warren LJW:nd cc: Rick Beeler Mayor Council President Planning and Development Committee Members Del Mead r . • • l • 2 3 • 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONFOR KING COUNTY 5 • 6 TRANSAMERICA DEVELOPMENT ) COMPANY, a California ) 7 corporation, . ) ) 8 •, Plaintiff, ) NO. 838 799 g -vs- ) ) 10 , THE CITY OF RENTON, ) STIPULATION AND• ORDER ' ) MODIFYING STAY OF PROCEEDINGS • 11 Defendant. ) 12 ) 13 IT IS HEREBY STIPULATED by .and between the parties -'Izereto•,' through their undersigned attorneys, that the Order on 14 Show Cause entered, in this matter by the above-entitled court on • the llth day of January, 1978, may be amended. That Order' 15 provided that (1) The writ of certiorari issued on December 27, 1977, to the City of Renton be confirmed;, (2) All proceedings 16 pertinent to the amendment of the comprehensive plan for Renton Hills, including zoning hearings, be stayed and prohibited until 17 the final determination herein; .(3)' All moratoria on the construction of multi family structures in Renton Hills be stayed and pro- 18 hibited. until the final determination herein; and (4) Plaintiff • post an injunction bond in the amount of $500-00. 19 The parties agree that the stay of proceedings should ;' 20 be lifted so as to allow the City of Renton to conduct necessary rezoning hearings, subject to the plaintiff's right to request 21 that all of the initial records for the comprehensive plan change, plus any records from the land use hearing examiner's decision 22 in the zoning action, together with followup City Council action, be certified to the superior court for consolidated review. It ' . 23 is further understood by the parties that such an order would impose an obligation upon plaintiff not to make application for 24 a building permit or any other substantial development permit until the zoning hearings and subsequent City Council actions 25 thereon have been finalized. 26 DATED this day of February, 1978. 27 SUIDiER, McBROOM, GATES & BALDWIN PAIN,& WARREN 28 �, 29 Craig V. Wentz Lawrence J. Wjirren ' Attorneys for Plaintiff Attorneys for` Defendant 30 31 Stipulation & Order Modifying Stay of 32 Proceedings - 1 • LAW OFFICES OF SHIDLCR.McOROOM,GATES A DALOWIN f000 NOIIION WILDING • SEATTLE.WASHINGTON 99100 270.0110E R'nr 1 ORDER 2 • BASED UPON THE FOREGOING STIPULATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the stay of proceedings 3 hereinbefore entered on January 11, 1978, is modified to allow the defendant, The City of Renton,to immediately convene a zoning ' " • 4 hearing relative to the reclassification of plaintiff's property from R-3 to R-1. This modification is contingent upon fulfillmen• 5 of the following covenants or conditions by the parties: 6 1.- If plaintiff's land is rezoned pursuant to the above-mentioned zoning hearing and subsequent approvals of de- 7 fendant's City Council, that decision and the entire administra- tive record associated therewith will automatically be deemed 8 part of the record of the instant appeal, and will be consolidate. therewith for purposes of trial; .. 9 . 2. If plaintiff's land is not rezoned pursuant to the • 10 above-mentioned hearings and subsequent actions of defendant's City Council, defendant's moratorium on the construction of 11 multi family structures on plaintiff's property will be immedi- . ately revoked by defendant's City Council; , 12 3. Plaintiff will not apply to defendant for a ' 13 building permit or any other substantial development permit until ' the zoning, hearings and' subsequent City Council actions thereon ' 14 have been finalized: Provided, however, that plaintiff may.make ' application or.applications for building or substantial develop- 15 meat permits prior. to the termination of the: zoning hearings upon receiving written consent therefor from defendant. 16 DONE IN OPEN COURT this day of , 1978. 17 . 18 • JUDGE 191 ; Presented by -..- — 20I SHIDLER, McBROOM, GATES & BALDWIN • 21 Craig V. Wentz 22 Attorneys for Plaintiff 23 APPROVED AS TO FORM AND NOTICE OF PRESENTATION WAIVED: PAIN ,& WARREN 24 ,� 25 �� . _Bawrence J. War en . 26 Attorneys for 'Defendant 27 f. . • 28 • 29, •. 30 . Stipulation & Order ' 31 Modifying Stay of . Proceedings - 2 32 LAW OFFICES OF SHIDLER.McOROOM.DATES 6 BALDWIN • 1000 NOHTON OUILDIN.1 SEATTLE.WASHINUTON 99104 223.4660 OF R0 U oo , OFFICE OF THE CITY ATTORNEY. RENTON,WASHINGTON Z O n' sumsa" .,q, POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 11) '40 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 447.L. SEPZ€1O February 2 , 1978 Shidler, McBroom,Gates 8 Baldwin Attorneys at Law 1000. Norton Building Seattle , Washington 98104 • Attention : Mr. Craig V. Wentz -'Re.: Transamerica Development Company vs City of Renton Dear Craig : ' This letter is to confirm our telephone conversation of January 30 , 1978 . During that telephone conversation you indicated to me that your client was agreeable to entering into an Order remanding the present Superior Court Writ of Certiorari back to the City to conduct the necessary rezoning hearings , subiect to your right to request that all of the initial records for the Comprehensive Plan change , plus any records from the Land Use Hearing Examiner' s decision and follow up City Council action be certified up to the Superior Court for one comprehensive review. It is understood that such an Order would impose an obligation upon your client not to make application for a building permit or any other substantial development permit during the rezone application. Mr. Montagne of. Transamerica made similar statements to the Planning Department on February 1 , 1978 . The City of Renton welcomes and respects the responsible . attitude taken by you and Transamerica in handling this matter in a fashion that will hopefully result in an amicable solution short of litigation. We also understand that both your client and the City will benefit by the consolidated hearing if this matter must be litigated. 4r Mr. Craig V . Wentz Page 2 February 2 , 1978 It should also be noted in this letter that I have chosen not to re-note my Motion for Reconsideration and to clarify Order and not to note for the first time my enclosed Motion to Set , Aside your Order due to violation of Superior Court Rules . Also this letter is . a confirmation of our conversation previously held, except for the statements concerning Mr. Montagne 's contacts with the City. If you dispute any portion of this letter, I would ask that you immediately contact me so that we can clarify our understanding. I anticipate receiving. a draft order from you within the next several days . Very truly yours , Lawrence J. Warren • City Attorney LJW:nd Encl . Renton City Council 1/23/78 Page 4 Consent Agenda - Continued Consent Agenda MOVED BY CLYMER, SECOND PERRY, COUNCIL CONCUR IN CONSENT AGENDA. Approval CARRIED. CORRESPONDENCE AND CURRENT BUSINESS • Fire Station Bids Letter from Mayor Delaurenti recommended Council acceptance of the low bid for the Main Fire Station of John Maples (see attached Architect Present tabulation). The letter explained total cost of the project as Cichanski & Assoc, S906,701 which is $94,555 over budget. The letter recommended the additional money be borrowed from the Street Forward Thrust Fund and a percentage of the Utility Tax be set aside in 1979 to repay loan. The letter noted meeting with the architect and Fire Station Advisory Committee. MOVED BY CLYMER, SECOND THORPE,. 000NCIL REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE. MOVED BY THORPE, SECOND CLYMER, AMEND MOTION TO INCLUDE PUBLIC_SAFETY COMMITTEE REFERRAL. MOTION CARRIED, MOTION AS AMENDED CARRIED. • Renton Hill and Letter from Kathy Keolker, President of the Renton Hill Community Transamerica Association, notified Council of the unanimous decision of the Court Case Renton Hil1 Community Association and Board of Directors to author- . . ized and encouraged their attorney, Bob McBeth, to petition the court for permission to intervene in the pending lawsuit which the Trans- • • america Corporation has filed against the City. The letter ex- • plained the association and Mr. McBeth would assist the City and defend the City's actions in changing the City's.Comprehensive Plan to single-family-use designation on Cedar Ave. S. MOVED BY • • PERRY, SECOND THORPE, COUNCIL REFER THE MATTER TO THE CITY ATTORNEY • • FOR ADVICE TO COUNCIL. CARRIED. Council Agenda Councillian 'Clymer presented a letter from Washington Natural Gas Scheduling Co. received after the closing of agenda scheduling. Clymer Moved, Thursday Noon seconded by Shinpoch, that the matter be referred to the Ways and • Deadline Means Committee as action was needed by the time of the next Council • Upheld meeting. SUBSTITUTE MOTION BY THORPE, SECOND STREDICKE, THE LETTER BE PLACED ON THE REGULAR AGENDA FOR THE NEXT COUNCIL MEETING ON • • FEBRUARY '6, 1978, ROLL CALL: 4 AYE: TRIMM, STREDICKE, THORPE, PERRY; 3-NO: CLYMER, SHANE, SHiNPOCH. MOTION CARRIED. NEW BUSINESS MOVED BY SHANE, SECOND PERRY, COUNCIL REFER THE MATTER OF POLICE Police Escort ESCORT SERVICE FOR ALL FUNERALS TO THE COUNCIL'S P_UBLI.C.SAFETY COMMITTEE, CARRIED. Traffic Signals MOVED BY SHANE, SECOND STREDICKE, COUNCIL REFER TO THE TRANSPORTATION COMMITTEE THE SUBJECT MATTER THAT. FOLLOWING TRAFFIC SIGNALS BE OPERATED ON CAUTION EXCEPT DURING THE PEAK WORKDAY HOURS OF 7:00•to 8:30 a.rn. AND 4:00 to 5:30 p.m. : THIRD AID FOURTH AVES.N. AT FACTORY, WILLIAMS N., GARDEN N. AND BRONSON WAY. ROLL CALL: 5 AYEt TRIMM, • SHANE, STREDICKE, THORPE, PERRY; 2 NO: CLYMER AND SHINPOCII. MOTION CARRIED. Speed Limit • Councilman Shane asked that the speed limit he raised from 35 mph to •40/45 mph on the Maple Valley Highway, Cemetery Road (NE 4th St.), Lake Washington Boulevard and Sunset Boulevard. Moved by Stredicke., Second Shane, council refer the matter to the Administration to check speed limit on these streets and report back. ROLL CALL: 3-AYE: SHANE, STREDICKE, THORPE; 4-NO: CLYMER, TRIMM, SHINPOCH AND PERRY. MOTION FAILED'. • Councilman Shane Proposed motions by Councilman Shane which received no second: All City employees be given eight months to •live within the City. All City employees will be given same wage increase and benefits given to Police and Fire personnel. Executive Session MOVED BY CLYMER, SECOND PERRY, COUNCIL MEET IN EXECUTIVE SESSION RE LABOR NEGOTIATIONS. . CARRIED. Members of the audience and staff not involved were requested to leave the Chambers at 10:50 p.m. COUNCIL ADJOURNMENT MEETING ADJOURNED AT 11:25 p.m. Q Delore�ad,"C t Clerk IF / u11;:71; 532 Cedar Avenue South Renton, Washington 98055 January 16, 1978 C. -- . RECEIVED Honorable Charles J. Delaurenti, Mayor • Members of the Renton City Council JAN / 7 Nil Members of the Renton Planning Commission • Renton City Hall CITY OF RENION 200 Mill. Avenue South 0 MAYOR'S OFFICE Renton, Washington 98055 Dear Mayor, Council Members, and Commissioners' This letter is to notify you of the recent action taken by the Renton Hill Community Association. By unanimous vote, the Renton Hill Community Association Board of Directors has authorized and endouraged our • attorney, Bob McBeth, to petition the court for permission to intervene in the pending lawsuit the Transamerica Corporation has filed against the City of Renton. The association and Mr. McBeth will take whatever steps are .., appropriate and necessary to assist the City of Renton/01 ? 1 and defend the actions the city has taken to encoura 1, vill, responsible growth for Renton Hill as a single fami neighborhood. iP 4"' eo 4Y4 It is our position that, by changing the city' comprehensive land use plan to single family use designation on Cedar Avenue, the city has responded sp to the demonstrated needs of the people in a small 4 Ai ,..,... and unique family neighborhood - the needs and concer . that have been presented, in numerous public hearings and committee sessions with both the Planning Commission and the City .Council. We thank you for your actions to. save our neighborhood and offer continuing support to assist you in whatever manner we can. Sincerely, Kathy Keolker, President Renton Hill Community Association • 7., i , 7 I ) , / —1 I , 1„e . r.IL:;214 C't c z '-1 ' ' - -" "L.' �k1121314 .. C.,' c 1\ Aga '• aoprn cvw 4.c) RECIIV ED f l RE • 1/11/78 Gi. � : ;. ` -� �� C1SY of N j, CLERK'S OFFICE, SIMER1pR ,.:0„, . 1 C 0 p ,r62 La'd4 SEAT eti�R r/7.y ri•2 3 . . 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 TRANSAMERICA DEVELOPMENT ) 6 COMPANY, a California company, ) . 7 ) NO. 838 7,9 Plaintiff, ) 8 v. ) ORDER ON SHOW CAUSE • 9 ) THE CITY OF RENTON, ) 10 ) >• 11 Defendant. ) ) • 12 • ' 13 This matter having come on for hearing before the under- 14 signed judge on the . Motion of Plaintiff, that the Defendant, City 15 of Renton, show cause, if any it have, why the writ of certiorari ' 16 issued on December 27 should be modified or quashed , and the Court 17 having considered the files and records herein, and the arguments 18 of counsel, and having found that the writ of certiorari issued on 19 December 27, 1977, against the City of Renton was in all respects . 20 proper, it is hereby 21 ORDERED, ADJUDGED AND DECREED that: 22 1 . The writ of certiorari issued on December 27 , 1977 , 23 to the City of Renton is confirmed; 24 • 2. All proceedings pertinent to the amendment of the corn- 25 prehensive plan for Renton Hills , including zoning heprings, .are 26 stayed and prohibited until the final determination herein; ' 27 3. Ali moratoria on the construction of multi-family 28 structures in Renton Uills are stayed and prohibited until the ' 29 final determination herein; and 30 • 4 . Plaintiff posts an injunction, bond in the amount of 31 $500 . 00 . 32 DATED this // day of Januar . 33 ' Presented by : i&ifl--1 (A -2- 44--e___,_' 34 SHIDLE , c-B' OM, ' TE . 'ALDWIN JUDGE WILLIAM C. .G (SLOE By/ 2 _ . raig V. ntz, for e . or Plaintiff LAWOFFICE.fl SHIDLER,. McBROOM. GATES & BALDWIN 100() NORTON flt '!L,NG nrdnr in cl-InT•• r''11T,2r, ' SFATTI F WASNINI,T.'• ^n.", • • • -_______----- g'TATE OF WASIIINGTON County of King s R.E. P. , . OARAIAN, Acting Ctrrtt of the Superior Court .: �.• 1 �� certify o ,n, for the CourA r• :. Stec .of Wus:iu� , nt as th the c„y •...•.t ....I::...... . . ... . .1 ;ir•ev; � same that i •.: .,l i;; my t,:,: the n;, 'a ; file .•; Eli ;.? .....I .. _.._• tv1., a thereof. tr.�,..._ Pt ui 5-;n o::��. is a t: _ t my I. ar.i a;B:ed the .1 (':', I have het Canto IN J",,. . ,,: . .., y ;i.a a: ,i_this.......................... . Se i ut s:.i.? 7i'atac t;.ouct at::: o pp .�g7a.I9 •. Y.,,s.•, .x9 day off},�rt�• '� (`: :::.nil tct rior Court Clerk ((.j ) gy. 1 uty Clerk 1/1 Renton City Council 1/16/78 Page 2 Public Hearing - Continued Alley Vacation Gonnason reported valuation of $1.07 per sq.ft. with 1/2 appraised Kennydale value 531/2Q, noting 50 ft. lots and that home owners had been advised Continued of $100 fee or 33 1/3Q per sq.ft. MOVED BY SHINPOCH, SECOND THORPE, Council concur in Transportation Committee report to vacate that portion of the alley which is the subject of the public hearing. MOVED BY SHANE, SECOND CLYMER, Amend motion, Resolution be drawn vacating entire alley. Acting City Attorney Warren advised of need for public hearing. SUBSTITUTE MOTION BY THORPE, SECOND SHINPOCH, Matter of Vacation COUNCIL SET NEW PUBLIC HEARING TO CONSIDER VACATION OF ENTIRE Tabled until ALLEY AND THE MATTER BE TABLED UNTIL THE PUBLIC HEARING. CARRIED. Public Hearing MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL INSTRUCT ATTORNEY TO 2/27/78 DRAFT A RESOLUTION SETTING DATE FOR'PUBLIC HEARING ON THE VACATION OF THE ENTIRE ALLEY 2/.27/1978. CARRIED. Time: 8:33 p.m. CONSENT AGENDA Councilman Stredicke called attention to the following item and asked the matter be removed from the Consent Agenda for discussion: Dean W. Bitney Rezone R-100 from"G" to Mobile Home Park located Bitney Rezone west of NE 4th St. and west of Union Ave. NE, having been approved R-100-77 with conditions by the Hearing Examiner; Council concurrence Tabled recommended. Councilman Stredicke questioned lack of presentation to Council, whether or not conditions as required by restrictive covenants have been met on-previous mobile home park development adjacent to present property, and means of inspection to see that present restrictions will be met. Councilwoman Shinpoch noted information materials distributed to each Council member. Planning and Development Committee Chairman Perry noted procedure wherein the Committee did not report on Hearing Examiner items which are not appealed. MOVED BY THORPE, SECOND SHANE, COUNCIL TABLE THE REZONE FOR ONE WEEK AND STAFF REQUEST PROPOSED DEVELOPER TO BE PRESENT. ROLL CALL: 4-AYE: TRIMM,. SHANE, STREDICKE, THORPE; 3-NO: CLYMER, SHINPOCH AND PERRY. MOTION CARRIED. Consent Agenda These items are distributed to all Council Members for study, are . considered routine.and are enacted by one motion without discussion unless requested: Board of Ethics Letter from the Renton Board of Ethics announced the 1978 meeting schedule, quarterly meetings the 2nd Tuesday of January, April, June and October at 7:00 p.m. Room 401 City Hall. The letter requested input from those persons associated with City business affairs in order to implement provisions of the Ordinance. Voucher Vouchers for approval submitted by the Ways and Means Committee Approval having received departmental certification as to receipt of merch- andise and/or services: Vouchers 16551 through 16612 in the amount of $125,938.19 plus LID #302 Cash and Revenue Fund Warrants: R-11 $4,335.17; C-14 $335.17; C-15 $4,000. Council approval for payment. (Vouchers No. 16544 through 16550 machine voided Transamerica Superior Court Order to Show Cause No. 838 799 Transamerica Develop- Development Co. ment Co. vs. City ordered and decreed that the writ of certiorari Court Case issued on 12/27/77 to the City is confirmed; all proceedings perti- nent to the amendment of the comiprehensive plan for Renton Hills, including zoning hearings, are stayed and prohibited until the final determination herein; all moratoria on the construction of multi- family structures in Renton Hills are stayed and prohibited until final determination herein; and Plaintiff posts injunction bond of $500. Refer to City Attorney. Annual Cash Flow Letter from Finance Director Marshall requested a resolution trans- Problem ferring $900,000 from' Street Forward Thrust to Tax Supported Funds pending receipt of property taxes for 1978. Refer to Ways and Means Committee. Appointment Letter from Mayor Delaurenti reappointed James Medzegian, 2617 NE 18th Street to the Board of Ethics for a four-year term effective through 12/31/81. Mr. Medzegian was appointed to the Board 2/77 as the member from the Board of Directors of the Greater Renton Chamber of Commerce, replacing Harry Haight. Refer to Ways and Means Committee. J: ti u >.r 0 U " '111, z �' OFFICE OF THE CITY ATTORNEY • RENTON.WASHINGTON z "' o 0 POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 Ap �� LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY �"teD SEP1°4O January 4 , 1978 Presiding Judge King County Superior Court King County Courthouse Seattle, Washington Re : Transamerica Development Company vs City of Renton King County Cause No. 838799 Dear Sir : Enclosed please find copy of "Motion to Quash Application for Writ of Ceriorari in Whole and in Part and Motion to Require Posting of Bond" in the above captioned matter. A hearing on this matter has been set for January 6 , 1978 at 9 : 30 A.M. Very truly yours , Lawrence J. Warren City Attorney LJW:nd Encl. Renton City Council 1/9/78 Page 2 Consent Agenda LEOFF Board effective to 3/1/80, having served on the Board since 11/1/76 Continued completing the term of former Councilman Robert McBeth. Informa- tion only. no Council action required. Appointment Letter from Mayor Delaurenti appointed James Dalpay, 1030 N. 38th St., to Position No. 2 on the Board of Adjustment completing the term of John Qualls, who has resigned. Appointment effective to 9/6/79. The letter ,explained Mr. Dalpay is engaged in home build- • ing and land development. Refer to the Ways 'and Means Committee. Claims for ' Two claims for damages were filed by Washington Natural Gas Co. Damages (1) In amount of $33.30 alleging damage to service at 2624 Jones NE; (2) In amount of $129.59 alleging corrosion to service at 611 Renton Ave. S. Refer to City Attorney and Insurance Carrier. Hearing Examiner Preliminary Plat 086-77 and Exception 106-77, Glacier Park Company, Decision. property located south of existing Mobile Oil and Olympic Pipeline Preliminary Plat Oil distribution facility, west of East Valley Rd. and north of and Exception SW 43rd St. , request for proposed industrial park plat was approved Glacier Park with conditions. The exception was requested to the Subdivision • . ordinance • regarding length and width of cul-de-sac and block re- . quirements within the preliminary plat for proposed industrial park with streets and utilities for future comnercial and Indus- . trial development. Council approval. • Hearing Examiner Rezone 10$-77 Ivan G. and George S. Werstiuk, Hearing Examiner Decision approved Rezone to R-2,SR-2 and R-1 subject to conditions for • Werstiuk Rezone five acres located on the east side of Kennewick Pl. NE between NE 30th and the old Pacific Coast RR right-of-way. Refer to the Ways and Means Committee for proper ordinance. Consent Agenda MOVED BY CLYMER, SECOND PERRY, COUNCIL APPROVE THE CONSENT AGENDA. Approval CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Burning Permits Letter from Fire'Chief Geissler reported increasing difficulty in denial of Residential Burning Permits except for the limited period during Spring and Fall Clean-up; that the permits could be issued at several periods without 'problems for the Fire Depart- ment and be in compliance with the Puget Sound Air Pollution • Control Agency's Regulations and aid in eliminating hazards from yard debris. The letter requested authority to .issue Residential Burning Permits at the discretion of the Fire Chief between 10/1 and 4/30 each year, being in compliance with Puget Sound Air Pol- lution Control-Agency Regulations. MOVED BY CLYMER, SECOND PERRY, COUNCIL REFER THE MATTER TO THE (NEWLY TO BE CREATED) PUBLIC SAFETY COMMITTEE FOR REVIEW AND REPORT BACK. CARRIED. Human Rights Letter from James V. Medzegian, President of the Renton Chamber Ordinance of Commerce pointed out the proposed Human Rights ordinance is • a duplication of, existing Federal and State laws and suggested the ordinance is not needed by .the City. The letter also stated the duplication would impose further burdens and expense on the City and on the business community and' recommended against adop- tion,of the ordinance. MOVED BY PERRY, SECOND THORPE, COUNCIL WITHHOLD ACTION UNTIL ORDINANCE IS PLACED ON SECOND AND FINAL READINGS. CARRIED. Transamerica • Writ of Certiorari has been filed against. the City by Transamerica Development Co. Development Co. alleging (1) erroneous legal determination:, and , vs. City illegal procedures; (2) acted illegally; (3) exceeded jurisdiction Case No. 838799 and (4) proceeded in conflict with the course of the•conrron law; , • inadequate notice, encouraging taking of plaintiff's land without- . fair compensation, arbitrary and capricious action, etc. Letter from Acting City Attorney Warren reported that on 1/6/78 Judge Goodloe of the King County Superior Court issued Certiorari against the City to permit Court review of the changes in the Comp- . ehensive Plan for Renton Hill; requiring the City to certify all Renton City Council 1/9/78 Page 3 Correspondence and Current Business - Continued Transamerica records for review by the Court. Trial date to be given, Attorney Court Case Warren anticipating early date. The letter noted the Attorney Continued would be going back to the Court to obtain clarification as wording would prevent the City from taking any action on Renton Hill and the Attorney was of the opinion the intent was to limit the City's right to act strictly to the Transamerica property. Councilman Perry inquired of Planning Director Ericksen re P.U.D. application, being advised that consultant working for Mr. Farrell had indicated intent to present plans for P.U.D. but plans have not been received. Appeal of Appeal of Hearing Examiner's decision was filed by Roger E. Berg SCS & Stirskey re SCS & Stirskey Holdings Rezone 091-77 from R-2 to R-3 for Holdings R-091-77 property located north of the Seattle Pipeline R/W just south of Rezone Denied. SW 2nd St. and between the City limits and Hardie Ave. SW. Hearing Examiner Land Use Hearing Examiner recommendation: Denial. The appeal Denial Upheld alleged Examiner was not logical and decision not based on facts and testimony and claimed error in judgment. The Planning and Development Committee report submitted by Chairman Perry reported examination of the record and the Examiner's decision, findings and conclusions pursuant to Section 4-3017, and recommended that the City Council concur in the recommendation of the Hearing Exami- ner for denial of the rezone request of R-2 to R-3.and refer to the Ways and Means Committee. MOVED BY SHINPOCH, SECOND THORPE, LOUNCIL.CONCUR IN IHL RECOMMENDATION OF THE PLANNING AND DEVELOP- MENT COMMITTEE, CONCUR IN EXAMINER'S RECOMMENDATION FOR DENIAL OF REZONE. CARRIED. Appeal of Appeal of the Hearing Examiner's reconsideration decision dated Examiner's 12/9/77 was filed by Richard and Arlene Ross for Short Plat Reconsideration 088-77 and Exception 089-77, property located in the vicinity of R. P. Ross et ux 516 SW 3rd Pl. along the north side of SW 3rd Pl. approximately Short Plat 088-77 midway between Earlington Ave. SW and Stevens Ave. SW. The appli- and Exception 089 cant had requested approval of a two-lot short plat and approval of exception allowing access to one of the two lots via existing 20 ft. easement road in lieu of standard frontage on a dedicated = — public right-of-way. The appeal charged error in judgment or law and explained being owners of the property for 13 yrs.; prior to . change in ordinance in 1971 owner had right to short plat and build on the lot; noting three adjoining owners have developed their property using the easement road in the manner now being denied and without request to furnish 40 ft. r/w. Planning and Develop- ment Committee report was presented by Chairman Perry noting review of record according to City Code and recommended that the Council concur in the recommendation of the Hearing Examiner for • denial of the short plat and exception and refer the item to the Ways and Means Committee for proper resolution or ordinance. Moved by Shinpoch, Second Perry, Council concur in the committee report. Councilwoman Thorpe inquired regarding dedication of the right-of-way. Councilman Perry used map showing area and discus- sion ensued regarding access to the subject property. Mr. Ross, being present, advised perpetual 20 ft. easement providing ingress and egress and utilities had been submitted with the application. MOVED BY CLYMER, SECOND THORPE, THE ROSS APPEAL MATTER BE REFERRED BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR ONE WEEK. CARRIED. Human Rights Letter from Y.W.C.A. President Sharon Wylie, Committee of Manage- ment of the East Valley YWCA, complimented the City for continu- ing interest in human rights for the community. The letter noted emphasis on the goal by the YWCA to eliminate prejudice and in- justice and went on record supporting the adoption of the revised Human Rights Commission ordinance. Introductions Mayor Delaurenti introduced newly appointed State Senator "Bud" Shinpoch and State Representative Avery Garrett. pF R� Oir U `/ 'r"'" Z OFFICE OF THE CITY ATTORNEY • RENTON.WASHINGTON a4^r 8 POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 O ��pA (0. p ‘f, LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 414Tfo SEP��/� January 9 , 1978 Hon. Charles J. Delaurenti, Mayor • Members of City Council City of Renton Renton, Washington 98055 • Re: Transamerica Development Company vs City of Renton King County Cause No. 838799 Dear Mayor and Council Members: This letter is to advise you that on January 6 , 1978 , Judge Goodloe of the King County Superior Court, decided to issue the Writ of Certiorari against the City of Renton to permit Superior Court review of the changes in the Comprehensive Plan for Renton Hill . This Writ will require the City to certify to the Superior Court its records, exhibits , etc and a full transcript of the proceedings so that the Superior e , Court can conduct a full review. A trial date will be obTained after `the City has certified the records to the Court . Early trial dates are given, usually, for such writs . • In the meantime , I will be going back into Court to obtain clarification of the original Writ. The way the Writ was worded it would prevent the City from taking any actions on Renton Hill and I am sure the intent was to limit the City' s ,right to act strictly to the Transamerica property. If you have any questions about this matter, please feel free to contact me . Very truly yours, Lawrence J . Warren City Attorney LJW : nil i l :4 r SHIDLER, McBROOM. GATES & BALDWIN LAW OFFICES • • ROGER L.SHIDLER 1000 NORTON BUILDING (206) 223-4666 GEORGE W. McBROOM WILLIAM H. GATES SEATTLE.WASHINGTON 96104 ' WILLIAM F. BALDWIN JAMES R. IRWIN December 28 , 1977 JAMES C. MIDDLEBROOKS RICHARD B. DODD FREDERICK ROSS BOUNDY JAMES L.FLETCHER CRAIG V. WENTZ DAVID T. McDONALDJ. RECEIVED DALEI KIAROUNDY PARKS • • GARY D. HUFF WILLIAM A.BUTLER �tC :' 1977 pCI 11_„:UN • I r v i'S I:JFFICE • Honorable Charles Delaurenti Mayor The. City of Renton • City .Hall • Renton, Washington • Transamerica Development Company v. City -of. Renton Dear Mayor Delaurenti: Enclosed is the original of Writ, of Certiorari, a copy of which has been served upon you. • However, the original must be served and your response filed with the court as indicated in the writ, i .e . , February 15, 1978 . Sincisrely, / t_ Cry-$-V. Wentz CVW:pm ENC: \ , .. 6ft-7 Cf25L4-1/1. . r* .-- . . e�. c, arf�l,eA, y ,�, (:.; IcECEIV ED Ins . dit,J a(y of R0103 ,, Qw cows ofIcE_ 3 . 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 6 TRANSAMERICA DEVELOPMENT ) • COMPANY,� a California ) • 7 corporation, ) 8 Plaintiff, ) NO. 838799 ,' 9 -vs- ) 10 THE CITY OF RENTON, WRIT OF CERTIORARI 11 Defendant. ) 12 13 TO: CHARLES DELAURENTI, MAYOR OF THE CITY OF RENTON . 14 AND TO: DELORES MEAD, CLERK OF THE CITY OF RENTON 15 AND TO: MEMBERS OF THE RENTON CITY COUNCIL, To-wit: 16 KENNETH: BRUCE BARBARA SHINPOCH EARL CLYMER RICHARD STREDICKE 17 GEORGE PERRY THOMAS TRIMM PATRICIA SEYMOUR-THORPE 18 . AND TO: THEIR RESPECTIVE ATTORNEYS • . 19 • . 20 WHEREAS, it has been represented to this court by the 21 application and affidavits in support thereof of William A. • 22 Montagne and Craig V. Wentz on file herein, that you have, (1) 23 made erroneous legal determinations and followed illegal pro- % 24 cedures; (2) acted illegally; (3) exceeded your jurisdiction and 25 (4) proceeded in conflict with the course of the common law, .all 1 28I of which have materially prejudiced the plaintiff, by providing 27 inadequate notice of your several actions, by ignoring the re- 28 ! quirements of the State Environmental Policy Act of 1971, by 29I interferring with plaintiff's contractual rights and/or expectan- 30 cies, by encouraging the taking of plaintiff's land without fair . 31 compensation, by acting arbitrarily, capriciously and in a dis- 32 Writ of Certiorari - 1 LAW OFFICES OF SHIDLER.McBROOM.GATES&BALDWIN 1000 NORrON 9uILDINO I SEATTLE.WASHINGTON 9910E 223-E000 • 1 criminatory manner with respect to plaintiff's land and by . 2 violating the appearance of fairness doctrine; and a 3 WHEREAS, by order of this court duly given and made in • . 4 the above-captioned proceedings on the 21 day of , 5 1977,, it was ordered that a Writ of Certiorari issue to you, 6 Now, Therefore,' • 7 YOU ARE COMMANDED to fully certify and return to this 8 court on or before the IS day Of 4i-la, , 1978,' a full, 9 true and complete transcript of the entire record and proceedings 10 in this matter, aforesaid, as fully as the same are now before you, 11 including the testimony given at, hearings held before you and 12 before your Planning Commission, to the end that the same may 13 be reviewed by this court and such action taken 'thereof as of ' 14 right and as according to law shall be taken and done, and that 15 you are commanded and required to desist from further proceedings 16 in the matter to be reviewed. 17 DONE IN OPEN COURT this "-AL/ day of , , 1977. 18 -a•.•' i• 7•;u.1)t.P.ND 19 . •' I JUDGE/COURT COMMISSIONER 20 King County Superior Court 21 22- King County Superior Court Clerk 23 Presented by Cler;c ,..ti3 5up::+cr Court ' • SHIDLER, McBROOM, GATES & BALDWIN L'j. ;'ufj.i,1 CGjip'ya Iiiaka, 25 By: ?.G1'T 4, i C 'q V. Wen+l..' \ ) • 26 of Attorneys for Plaintiff • 27' 28 ' 29 • . 30 t 31 ' 32 Writ of Certiorari -2 ' 1 LAW OFFICES OF SHIDLER.McBROOM.GATES&BALDWIN 111(10 NOTION BUILDING • SEATTLE•WASHINGTON 90104 ii .:3.4 tie,' • '` y • 1 I 1 2 • . 3. 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 5 I 6 TRANSAMERICA DEVELOPMENT ) • . COMPANY,a California ) • corporation, ) - 7 • 8 Plaintiff, NO. • 835793 . 9 -vs- 10 THE CITY OF RENTON, APPLICATION 'FOR WRIT OF CERTIORARI 11 Defendant. • ) 12 13 COMES NOW, TRANSAMERICA DEVELOPMENT COMPANY, by•its . 14 attorney, Craig V. Wentz, of Shidler, McBroom, Gates & Baldwin, ' 15 and petitions the above-captioned court for a Writ of Certiorari 16 directed to the Mayor and City Clerk of the City of Renton and 17 the Renton City Council, in respect to the City Council's adoption 18 on the 5th day of December, 1977, of an ordinance amending the 19 Comprehensive Plan for the area in which plaintiff's land is situ- 20, ated and passage of a resolution continuing a moratorium on the 21 construction on multi-family structures in the area in which the 22 1 plaintiff's land is situated. 1 / 23 j Said writ of review should direct the Mayor, City Clerk I 24 j and the City Council to certify to this court at a specified time • 25 1 and place, a full transcript of the records and proceedings had in 26 ! said cause for review herein, including all proceedings and de- 27 1 liberations held under the auspices of the Renton City Planning 28 Commission, its staff, and any committees of said council, and 29 ii that thereupon the court review the same as to a claim by the 30 P plaintiff herein that the City of Renton, through its City Council • 31 1 Aonlication for Writ LAW OFFICES OF 32 SHIDLER,rt1cBROOM,GATES&BALDWIN i of Certiorari. - 1 woo NORTON BUILDING SEATTLE.WASHINGTON 98103 273 n666 • 1 and Planning Commission has (1) made erroneous legal determinations 2 and followed illegal procedures; (2) acted illegally; (3) exceeded 3 its jurisdiction; and (4) proceeded in conflict with the course of • 4 the common law, all of which have materially prejudiced the plain- . 5 tiff, by providing inadequate notice of its several: actions, •by . '6 ignoring the requirements of. the State Environmental Policy Act of 7 1971, by interferring with plaintiff's contractual rights and/or . . 8 expectancies,. by encouraging the taking of plaintiff's land without 9 fair compensation, by acting arbitrarily and capriciously and in a • • • 10 discriminatory manner with respect to plairitiff's land, and b_y. 11 violating the appearance of fairness doctrine. 12 The plaintiff further petitions the court to stay all 13 proceedings under the unlawfully amended Comprehensive Plan and • 14 unlawfully issued moratorium pending such review. 15 This application is based upon the affidavits of • . ' 16 William A. Montagne and Craig V. .Wentz, hereto attached and•by 17 this reference made a part of this application. • 18 DATED this 23rd day of December, 1977. 19 SHIDLE_ cBROOM, GATES & B WIN • 20 NP .By c 21 Crad.g_1 W z ,�.�� • . of Attorneys for Plaintiff 22 23 24 • 25 - 20 27 • • 28 29 30 31 Application for Writ of Certiorari - 2 LAW.OFFlCES OF. 32 I SHIDLER',McBROOM GATES&BALDVON 1000 NORTON BUILDING SEATTLE,WASHINGTON 08104 223 4565 • • . I • I I . IN THE SUPERIOR COURT OF THE STATE OF WASHINGION,FOR KING COUNTY • 4 fly>� • TR�,NSAtdERICA DEVELOPMENT COMPANY, ) t. • $35'7�� ' ';- a California corporation, ) 1 Plaintiff, ) NO. '' . • vs- ) AFFIDAVIT OF WILLIAMA. h1)NTAw.E, . ) VICE PRESIDENT OF TRANSAMERICA TEIE CITY OF REtYION, ) DEVEIDPMaNT COMPANY, IN SUPPORT OF • APPLICATION FOR WRIT OF CERTIORARI Defendant. ) . - . . • STATE OF CALIFORNIA ) . ss. . COUNTY OF SAN FRANCISCO ) . ' . WILLIAM A. YDNIMNE, being first duly sworn, upon oath, deposes • and says: 1. I am Vice President of Transamerica Developnent Company • ("Transamerica"), a California corporation, with its principal office located in San Francisco, California. 2. Transamerica is,the owner of approximately 11 acres of unim- -- proved real property located in the Renton Hill area of the City,of Renton between the. southern end of Cedar Avenue South and Puget.Sound Power and Light Company's transmission lines. 3. The property described in paragraph 2 has been zoned for multi- family medium density use (R-3), for at least as long as Transamerica has . owned the property, which has been the last twelve years. ' 4. 'On September 14, 1977, the Renton City Planning Commission . 'held a public hearing for the specific purpose of reviewing the designated ' multi-family residential uses in the Renton Hill area where Transam rica's land is situated. JJI.i.dzvit of Wil 1 iira A. Montagne - 1 . • • 14 11/ • • • • • 5,, Transamerica received no notification of the September • • 14 hearing. A prospective purchaser of Transamerica's property did • • hear about the hearing and the petition to redesignate our property on the comprehensive plan and notified me of this shortly before the • hearing date. This lack of notice seriously prejudiced our ability, to prepare in a meaningful manner to present our point of view at the Planning Caminission hearing. 6. The proponents of the comprehensive plan amendment and the city knew of Transamerica's intention to sell its property in the study area for development under the R 3 use classification. The in- tent of the proponents and the city in amending the comprehensive plan was to prohibit or interfere with Transamerica's contemplated sale. • • 7. • The redesignation of Transamerica's property from R-3 to • R-1 on the City's comprehensive plan will have the affect of destroy- .ing the greater part of the value of the property without bestowing any offsetting benefits to the general community. • E. Transamerica's property abuts Interstate 405 and is so steep and rugged that several acres cannot be built on at all. It is ideally suited for multi-family use and, speaking from years of ex- perience in the real estate field, will not be acceptable to con- sumers as a site for single family residential use. The Planning • • Commission and the City Council wholly disregarded this and other relevant facts in singling out Transamerica's property for arbi- trary, discriminator y and unfair treatment. g_ On December 5, 1977, the City Council extended a moratorium prohibiting the construction or alteration of multi-family uses in • the Renton Hill area. This moratorium is calculated to interfere with Transamerica's contractual expectancies, see paragraph 6 hereof, and is further and specifically calculated to prohibit Transamerica • Affidavit of William A. Montag_ne in Support of Application for . [.r.i.t of Certiorari - 2 or its successors in interest from making effective application for construction or building permits. iJ_11iam A. Montagne Subscribed and sworn to before me this 22nd day of December 1977. . FER, ( Cig 'UTO:I ,w. x,. Fern Cod ington � ti:o:';m' ryOTAgY VUOIiC•GAk17QhM1A .,.. Notary Public in and for V:?:: CITT AND W M li the State of California, !AM le NAIL•}+• }( � NY CO:A 41l5ION[%VIi11�NAA 19;J�7Q '( residing at Oakland. ^^^ ^"f • 1 . 2. 3 .. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY • • • 5 . ' 6 TRANSAMERICA DEVELOPMENT ) • COMPANY, a California ) 7 corporation, ) . • Plaintiff, ) NO. 838799 • 8 ) . 9 -vs- ) 10 THE CITY OF RENTON, )• AFFIDAVIT OF CRAIG V. WENTZ . ) IN SUPPORT OF APPLICATION FOR 11 Defendant. ) WRIT OF CERTIORARI ' . . ) 12 13 STATE OF WASHINGTON ) ' ) ss. . 14 COUNTY OF K I N G ) 15 CRAIG V. WENTZ, being first duly sworn, on oath deposes • and says: 16 1. I am the attorney for Transamerica' Developement 17 Company, ("Transamerica") which owns approximately 11 acres • 18 of unimproved real property located in the Renton Hill area of 19 .the City of Renton between the southern end of Cedar Avenue South = 20 and Puget Sound Power and Light Company's transmission lines. 21 2. I have personally reviewed the files currently in . 22 • possession of the City Clerk of the City of Renton with respect • 23 . to the City's formal actions on December 5, 1977, amending the . 24 / . comprehensive plan for the Renton Hill area and continuing a 251 moratorium on the construction of multi-family uses in that area. 26 The following facts are apparent from the records: 27 . A. On June 6, 1977, a petition signed by some residents 28. . of Renton IIill, which asks that all property on Cedar Avenue 29 • South be rezoned to single family residential, was delivered to 30 mayor's office of the City of Renton. ',]. ... 32 Affidavit of Craig V. Wentz in Support of Application for • Writ of Certiorari - 1 LAW OFFICES OF . SHIDLER.McDROOM.GATES A BALDWIN ' 1000 NDSIO`:IIJILDI..G SEATTLE.TiASHINGTON 93104 J3•:6!:y . II P I 1 B. On June 6, 1977, the City Council voted to refer 2 the petition to the Planning Commission and Hearings Examiner 3 for review and recommendations. a C. On October 12, 1977, after reviewing its staff and • 5 committee reports, the Planning Commission by a 4 to 2 vote 6 recommended to the City Council that the comprehensive plan of 7 the City of Renton be amended to reflect only R-1 uses in the g Renton Hill study area. • 9 D. On November 21, 1977, the City Council unanimously 10 voted to change the comprehensive plan substantially as recommend- 11 ed by the Planning Commission. 12 E. On December 5, 1977, after the second and final 13 reading of the ordinance changing the comprehensive plan, the 14 City Council gave its final approval to the comprehensive plan 15 amendment which resulted in designating Transamerica's property 16 for R-1 uses. 17 F. On December 5, 1977, the City Council also extended 18 a moratorium prohibiting the construction or alteration of multi- 19 family uses in the Renton Hill area. • ___.r— 20 C. At no time in the foregoing decision-making process 21 did the City Planning Staff, 'Planning Commission or the City 22 Council, make the environmental threshold determination required 23 under the State Environmental Policy Act of 1971. Neither did 24 any of these decision-making bodies utilize the environmental / 25 checklist form mandated by WAC 197-10-050 prior to taking any of 26 the above actions. • 27 H. Brian Cain, a Planning Commission member lives in 28 the Renton Hill area at 2017 Jones Circle, S.E., and participated 29 at a].l the Planning Commission deliberations and voted to recommend 30 to the City Council a r.edesignation of Transamerica's property 3]. from R-3 Lo R-1. Mr. Gain's interests are antithetical to Trans- 32 1nffiday.it of Craig V. Wentz - 2 LAW OFFICES OF SFIIDLER.McBROOM.GATES A BALDWIN loot'ttOIWN O:HLOlNG • SEATTLE.WASHINGTON 93104 7?3-d6n3 • ,'.cr 1 america's because he lives in the very community which proposed 2, all of the above actions. His participation, therefore, appears 3 to be manifestly unfair. • 4 G. City Council member Earl H. Clymer, Jr. , who lives 5 at 526 Cedar Avenue South; the street which was redesignated as • 6 R-1 in its entirety on the comprehensive plan, thereby changing . . 7 the use designation of Transamerica's property, participated in ' • 8 'the City Council's deliberations regarding the comprehensive plan • '9 amendment and voted in support of that amendment which resulted 10 in Transamerica's Cedar Avenue South property being redesignated 11 for R-1 uses only. Mr. Clymer's interests are antithetical to" 12 Transamerica's because he lives in the very community which pro- 13 posed all of the above actions. His participation, therefore, - 14 appears to be manifestly unfair. . 15 3. For the reasons outlined in the foregoing .paragraphs, 16 together with the assertions contained in the accompanying affi- 17 davit of William A. Montagne, the same which is incorporated 18 herein by reference, Transamerica will suffer immediate and 19 irreparable harm without the intervention of a court of law. • 20 Moreover, Transamerica has no speedy and adequate legal remedy, 21 save it be the issuance of a writ of review by this court. 22 �� 23 CPA ` . WE Z 24 SUBSCRIBED AND SWORN to before me this —2-7 day^ of December, 1977. 25 - ��' 4• u" \ce,.. 2.., NOTARY PUBLIC in and for the State 26 of Washington, residing at Seattle. . 27 28 • 29 30 31 Affidavit of Craig V. Wentz :in Support of Appli.cat:ion for, 32 Writ of Certiorari - 3 LAP!OFFICES OF SHIDLER.McBROOM.GATES A BALDWIN . • 1000 NORTON E.IILOING SEATTLE.WASHINGTON 99101 223-S6SG I, • 2 � • 3 4 IN THE SUPERIOR COURT O'' THE STATE OF [4ASHINGTON FOR KING COUNTY • 6 TRANSAMERICA DEVELOPMENT ) ' COMPANY, a California ) ' ' 7 corporation, ) 8 Plaintiff, NO. 8387E ' ,9 -vs- ) 10 THE CITY OF RENTON, ORDER FOR ISSUANCE OF WRIT . ) OF CERTIORARI • 11 Defendant. ) • . 12 13 THIS MATTER having come on regularly for hearing upon the ' . "9 ' ii.:• 14 .application of the plaintiff herein and the affidavits in support 'r a • ' ,.1''`.!�"' ' 15 thereof for a writ of certiorari directed to the Mayor and Clerk , ' . H. ;ire ,,;?„ ', `'! ° 16 of the City of Renton and to ,the Renton City Council, requiring ,.•."o ' " • the Mayor City Clerk and the City Council to certify to this court lg a transcript and record of the entire proceedings had and records ' 19 made by said council, including all proceedings and deliberations 20 held under the auspices of the Renton City Planning Commission, 21 its staff or any committees of said council, relative .to the ' 22 council's adoption on December 5, 1977, of an 'ordinance amending 23 the Comprehensive Plan for the' area in which plaintiff's land is • • • 24. situated and further relative to the council's passage' on De- • 25 cember 5, 1977, of a resolution continuing a moratorium on the • 26 construction of multi-family structures in the area in which - . u, ;.. •' 27 plaintiff's. land is situated, upon the grounds stated in said .. 28 affidavits that the City, through its council and• Planning Com- 29 mission and staff, has (1)' made erroneous legal. determinations •• ' 30 and followed illegal procedures; (2) acted 'illegally; (3) ex- • 31 ceeded its jurisdiction and (4) proceeded in conflict with the 32• Order for •Writ of Certiorari - 1 ' LAW OFFICES OF „ SHIDLER,MCBROOM.GATES&BALDWIN 1000 NONTON BUILDING ' ' SEATTLE,WASHINGTON 98104 221.4000 ' 1 course of the common law, all of which acts have materially pre- 2 judiced the plaintiff, by providing inadequate notice of its 3 actions, by ignoring the requirements of the State Environmental 4 Policy Act of 1971,by interferring with plaintiff's contractual 5 rights and/or expectancies, by encouraging the taking of plain- 6 tiff's land without fair compensation, by acting arbitrarily, 7 capriciously and in a discriminatory manner with respect to 8 plaintiff's land, and by violating the appearance of fairness 9 doctrine; and it appearing from said affidavits that this is a 10 proper cause for the issuance of such a writ, Now, Therefore, 11 it is hereby 12 ORDERED, that a Writ of Certiorari issue out of and under 13 seal of this court directed to the Mayor and City Clerk of the 14 City of Renton and the Renton City Council, commanding them 15 forthwith to certify fully and return to this court on or before 16 the IS day of :IS-Bhp ,� , 1978, a full and complete trans- 17 script of the record and proceedings in said cause before them had, 18 with the intent that the same be reviewed by this court as to the 19 aforementioned claims of the petitioner, and it is further 20 ORDERED that all proceedings in said cause be, and they 21 hereby are, stayed, pending the disposition of said review by this 22 court. /l) 23 i DONE IN OPEN COURT this 7 day of , 1977. 24 z 25 JUDGE/GOU.T CO'MMISSIONER 26 Presented by SHIDLER, McBROOM, GAT'S & B 27 By: �. 28 C aig V. W z of orneys for Plaintiff 29 30 31 Order for Issuance of Writ of Certiorari - 2 32 LAW OFFICES OF SHIDLER,McBROOM,GATES&BALDWIN 1000 NORTON BUILDING SEATTLE,WASHINGTON 98104 _ 273 4666• • • 1 . 2 1 3 .. • 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY • • 5 j • . 6 TRANSAMERICA DEVELOPMENT ) ! • COMPANY, a California ) I 1 7 corporation, ) • 8 Plaintiff, ) . NO. 838780. 9 -vs- ) . • 10 THE CITY OF RENTON, ) ORDER TO SHOW CAUSE 11 Defendant. ) 12 • . 13 THIS MATTER 'coming On' for hearing this 27th day of 14 December, 1977, upon the motion of the plaintiff herein, supported 15 by•affidavits executed by William A. Montagne and Craig V. Wentz, • 16 for a Writ of Certiorari directed to the Mayor, City Clerk and 17 the City. Council of Renton, requiring' said parties to certify 18 to this court at a specified time and place a transcript and 19, record of the entire proceedings had and records made by said , '20 council, including all proceedings and deliberations held under ' I,j 21. the auspices of the Renton City Planning Commission, its staff Io 22' or any committees of said council, relative to the council's I 23 adoption on December 5, 1977, of an ordinance amending the I 24 Comprehensive Plan' for the area in which plaintiff's land is' • 25 situated and further relative to the council's passage on De- ' I! 26 cember 5, 1977, of a resolution continuing a moratorium on the j; • 27' construction of multi-family structures in the area in which 28 plaintiff's land is situated, upon the grounds stated in said I!,, j 29 affidavits that the City, through its council .and Planning Com- 'I' 30 mission and staff, has (1) made erroneous legal determinations r 31 Order to Show Cause - 1 I', 32 " ' • • j! - J LAW OFFICES OF SHIDLER.McBROOM,GATES&BALDWIN ' 1000 NORTON BUILDING I! SEATTLE.WASHINGTON 98104 I, 273.400d II III. 1 and followed illegal procedures; (2) acted illegally; (3) ex- ' I 2 ceeded its jurisdiction and (4) proceeded in conflict; with the, 3 course of the common law, all of which acts have materially pre- ; ' 4 judiced the plaintiff, by providing inadequate.notice of its 5 actions, by ignoring,the requirements of•the State Environmental 1 , 6 Policy Act of 1971, by interferring with plaintiff's contractual 1 7 rights and/or expectancies, •by encouraging the taking of plain- I , . 8 tiff's land without fair compensation,' by acting arbitrarily, 9 capriciously and in a discriminatory manner with' respect to ' 10 plaintiff's land, and by violating the appearance of .fairness . 11 doctrine; and also that ..all actions pursuant to said proceedings • 12 be stayed pending such review; and it appearing to the court that' . 13 there were sufficient grounds for a writ to issue, and the court 14 being fully advised in the premises, Now, Therefore, it is hereby 15 ORDERED that the City of Renton, through its lawfully . ,,00/eJ I cL. 16 designated officials or attorneys, appear before the u3tfri�frrc 17 judge or the commissioner of the above-entitled court at Room • j 18 No. , King County Court House, Third& James, Seattle, '.I• 19 Washington, at the hour Of q;1,p a,� on the {;• r day of . 20 J 004.e 1 , 1977, and then and there show cause, if • 21 any it has, why the writ issued this date should be modified j O✓ • 22 quashed. All' stays of proceedings hereinhefore referred 23 • to shall abide the final determination on the show cause hearing. 24 DONE IN OPEN COURT this 7 day of December, 1977. 25 C.- r% ('_Zji . 26 JUDG /COURT C MMISSIONER • 27 Presented by ' SHIDLER . BROOM, GATES & DWIN • 28 • . • 29• By: IN �'� . . Cr . We z Attorneys for Plaintiff 30 , 31 • 32 Order to Show Cause - 2 LAW OFFICES OF SHIDLER.McBROOM,GATES&BALDWIN ' 1000 NORTON BUILDING _ I SEATTLE.WASHINGTON 90104 ' I 223.4666 .. , •r.f 0004 OF R4,,, A., THE CITY OF RENTON 0 t$ 0 z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 "t" silL <-3 0 ems e CHARLES J. DELAURENTI , MAYOR • DELORES A. MEAD 0 1, tr CITY CLERK .c. 0 17- 0'3 1) SEP-r June 28, 1978 v.at '' i'en.l.:,.c.r '532 ,'(,,iar ;;,:)1.:1 t:f 1 -',7!riton, . ,-3. 3,1i.:1-rt-071 •)`I oar The Renton City Council, during its regular meeting on Monday, dune 26, 1972, has adopted Resolution '12.1 )6 . A copy is enclosed for your information. Yours very truly, CITY OF RENTON , , Delores A. Mead, C.M.C. City Clerk DAM:jeb Enclosure . , ! NIP • OF R4, THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 "*" • CHARLES J. DELAURENTI MAYOR • DELORES A. MEAD 0 Gm. 0 9 CITY CLERK • 0 • 94, • ?. SEP 42,* 11- • • June 28,. 1978 • • • • • • • • • •• • • • • • • • • . . • • • • • • • • • • • • • •• T‘'.obert E. 21c1.3eth, Attorney • • 505-L.; South 3rd, Street \la:.-thington 98055 • . , Dear r. IcSoth; The Renton City Council, during its regular meeting on Monday, June 26, 1978, • has adopted Resolution 02196 . • A copy is enclosed for your information. • • Yours very truly, CITY OF RENTON . • • • Delores A. Mead, C.M.C. • • • City Clerk • • • • • DAM:jeb • • Enclosure • • • • •• • • • • • • • • • CITY OF RENTON, WASHINGTON • RESOLUTION NO. 2196 WHEREAS the Planning Commission of the City of Renton, Washington has recently recommended changes to the Comprehensive Plan within certain areas of the City, and WHEREAS such 'review and recommendations include an area in the City generally ,known as "Renton Hill" as hereinafter more particularly described, and • WHEREAS it .has been determined by the City Council and the Planning Commission that serious problems may result in said area if unlimited construction were permitted for any multiple • • dwelling, commercial or industrial purposes, due to insufficient and inadequate street access,circuitous traffic pattern, means of • ingress and egress, and such existingEroblems may seriously affect the public health,safety and wellbeing of the community, and in particular the residents within the hereinbelow described area, and WHEREAS the City Council of the City of Renton has passed an 'Ordinance changing the Comprehensive Land Use Plan for said Renton Hill, and WHEREAS the City Council has referred the subject of zoning on Renton Hill to the Planning and Development Committee and to the Land Use Hearing Examiner, and WHEREAS it 'is deemed to be in the best interest of the City. to continue a moratorium on certain construction pending completion of the present studies and reviews, including public hearings thereon, and WHEREAS the subject of rezoning of certain property on Renton Hill has been heard by the Hearing Examiner, and WHEREAS it will take additional time for the Hearing Examiner's decision to be rendered and for the appeals time to run, NOW THEREFORE IIP r i'.E C IT'i COUNCIL OF iiE CITY OF RENTON, WASHINGTON, DO • RESuLVE AS FJL,LOWS: SECTION I: The above statements and recitals are hereby found to be true, and correct in all respects. SECTION II: In furtherance of public health, safety and general welfare, there is hereby declared a continuation of a moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities • of every type and nature, for a period of sixty (60) days from date hereof, relating to all properties affected by a change in the Comprehensive Plan and subject thereby to a potential rezone contained within the confines of that area generally known .as Renton Hill, in particular described as: All that portion of the SW 1/4 of Section 17, Twp. 23 N. , Range 5 E.W.M. , lying east of FAI 405 and south of Chicago-St. Paul Milwaukee 'and Pacific Railroad. Together with all that portion • of the NW 1/4 of Sec. 20, Twp. 23 N. ,• Range 5 E.W.M. lying east of FAI 405 and north of Puget Sound Power and Light Company transmission line easement excluding those properties along Mill Avenue South extending in an easterly direction 1/2 block more or less to the alley located between Mill Avenue South and Cedar Avenue South, north of South 7th Street, as noted on the attached Exhibit A. The aforespecified moratorium shall not apply to existing apartments, single family or duplex dwellings or the renovation, repair or maintenance of same. PASSED BY THE CITY COUNCIL THIS 26th day of June, 1978. • elores Me elo A. d, Lety C erk APPROVED BY THE MAYOR this 26th day of June, 1978. Earl Clymer, Mayo ro em Approved as to form: Lawrence 7. W ren, City Attorney •/ tie. 7 t. A *A , ., - . ' I -AiBI a: 2 ' —1-.• ,i=r _..//7../-1 ‘, s, , li I. I)III e, . Tv, :r.r- -.1 7_.—A - -7,c ' 17 • 15 T.. Nib- f ' % , ,, 7.11 111 CC C� y`• 111,1 E. .... h ‘ �o r yar�4;�,,_''ir Cruz i� • IIP 'y. 7 7_�_ 144. �16 4 PARK CEDAR RIVER ir �L7 �� •rL'-a. n;al. , �r -moor mo s, „I,•• or:• ' t 1 GIV r „roes . 1 w4t ^� •.\ j °f rn . -'�-.. I °ri• �n�r. a �� • i 4 F • I .gams '•,$, -N ' 4. I• III TiV; .0 • °. °• ' > • ray• y -'� � i,,);•.., •�.�� :.• .„ ° • . ' 'i4g11.1 [It 4 `a.¢--. ._ • -� ,,...,.,I,. 4;,`. ),I ,Iy L),:y),1-1ti•.ry,` �,., "2 ir • • • • le ... '� ;�j/]� i" _. •. _ f 1 _ ' 1Y : n Ix••f,� a.1Y•1�'.1••,.�ry•f • liy:�.v,�1'7-�•:,,1+•;,' Er A3 ' . .. .pif,:1;1- / ' ) ' • Eli• ... .6‘ 1 • 1 1:1 .• /. 4 NI •• .,,.1••••I.. /„ _. i Ste\ ` ,i • - Y pbP�'�.;-"P°`Np►4 . i. y' 1 \\``CO' `7�4^ — Lam/ /.. vas .. r,.. • �- ------------- �,\ 5 A ,,,,,, ,,....., . • j'" 1-'-')' '''. , , _7 T.- , • , iii i-> ..\ ., ,s. , -,..i ‘. ......// _ A r „ , _ i - •.,111.. P COMPREHENSIVE PLAN - RENTON HILL AREA i (DESCRIPTION: THE RENTON HILL AREA IS THAT AREA GENERALLY BOUND BY FAI-405 ON THE WEST, CEDAR RIVER ' ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON • THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON THE SOUTH; ). LEGEND: !:T MEDIUM-DENSITY i . GREENBELT RECREATIONALrrg MULTI-FAMILY ' �`- : EZI C.ciS • . ? EXHIBIT A • V • U Renton City Council 6/26/78 Page 4 Consent Agenda - Cont. .Withdrawal of Prior request withdrawn by Ray Brown for Brown/Strand Homes Request of Late- for latecomers agreement, due to abutting property owners • comers Agreement reaching an agreement to connect to the sewer main. • SW 43rd St. Letter from Public Works Director Gonnason reported completion Improvements of SW 43rd St., 3 Lane Improvement by Scarsella Bros., Inc. on Final Payment March 22, 1978, and accepted by the Public Works Department on March 31, 1978. Recommended Council accept completion of the project as of June 26, 1978, (The three month difference in Public Works Department acceptance and recommendation of Council acceptance is due to arbitration over one• pay. item) and • final .payment of 51,728.49. The letter recommended commence lien • period, the retained amount of 557,464.73 be paid contractor if. after 30 days, no liens or claims are filed against the project and proof of payment of tax liabilities is received. Concur. Cancellation of Fire District a40 cancelled existing AG 842-65 Mutual Fire Contract-Fire Fighting Assistance Agreement, no mutual benefit determined, • District 440 support services to the City of Renton offered on a contractual basis. Refer to Public Safety_Committee. Bid Opening June 16, 1978 bid opening, one hid received; Cedar River Trail System - Phase III. Refer to Community Services Committee. • Approval of MOVED BY STREDICKE, SECOND TRI1M, COUNCIL ADOPT THE CONSENT AGENDA Consent Agenda AS PREPARED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS .Renton Hill . (- ounciluran Clymer, resident of Renton Hill , handed the gavel Moratorium I to Councilman Perry and left coun. il chambers returning following Renton Hill discussion. Codneilma', Perry presi 'inq during that ' item. Letter from Attorney Robert '.'. Mcbeth was read requesting addi- tional sixty days from July 4, 1973 to allow time for hearing examiner to render his final report and recommendations and to further allow time for the.process of appeal , Council consideration, and final determination Ut this natter. MOVED BY STREDICKF, SECOND TPIMM TO rnNCHR iN MORATORIUM EXTENSION OF 60 DAYS FROM JULY 4, 1973, 'WITH REFERRAL TO THE WAYS AND MLANti .0MMITILt- YOR PkUr'LR RESULUIiON. CARRIED. Resolution o2196 Resolution was presented by the Ways and Means Committee and read Extending Renton by the City Clerk wherein it was determined by the City Council Hill Moratorium and the Planning Commission that serious problems may result in Sixty Days. From said area if unlimited construction were permitted for any July 4, 1978 multiple dwelling, commercial or industrial purposes, due to insufficient and inadequate street access, circuitous traffic pattern, means of ingress and egress, and such existing problems may seriously affect the public health, safety and well being of the community, and in particular the residents within the Renton Hill area and in furtherance of public safety and general welfare a continuation of the moratorium was declared fcir the construction, improvement and alteration of any multiple apartment buildings, commercial. and industrial facilities of every type and nature, for a period of sixty (60) days. . Relating to all properties affected by a change in the Comprehensive Plan and subject thereby to a potential rezone contained' within'the confines of that area • generally known as Renton Hill'. The aforespecified moratorium shall not apply, to existing apartments,•single family or duplex dwellings or the renovation, repair or maintenance of same. MOVED BY STREDICKE, SECOND SHINPOCH, TO ADOPT AS READ. CARRIED'. OF Ri o THE CITY OF RENTON `• ® z MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH.98055 1 s k CHARLES J. DELAURENTI,MAYOR • PLANNING DEPARTMENT 0 236-2550 AO4Tf0 SEPIel.# • MEMORANDUM • June 26 , 1978 TO: Del Mead , City Clerk FROM : Gordon Y . Ericksen', Planning Director RE : RESOLUTION REGARDING EXTENSION OF RENTON HILL MORATORIUM Upon review of the proposed resolution , it is noted that the moratorium applies to that area lying east of FAI-405 which includes the Mill Avenue properties . It was my understanding that by Council action to the Callen request that the Mill Avenue properties were excluded. It is , therefore , recommended that the legal description be revised as follows : All that portion of the SW 1/4 of Section 17 , Twp . 23 N . , Range 5 E .W . M. , lying east. of FAI 405 and south of Chicago-St . Paul Milwaukee and Pacific Railroad . Together with all that portion ` of the NW 1/4 of Sec . 20 , Twp . 23 N . , Range 5 E . W.M. lying east of FAI 405 and north of Puget Sound Power and Light Company transmission line easement 'excluding those properties along Mill Avenue South extending in an easterly direction 1/2 block more or less to the, alley located between Mill Avenue South and Cedar Avenue South , north of. South 7th Street , as noted on the attached Exhibit A. This revision to the legal description has been verified with the Engineering- Division . GYE :wr Attachment OF R - v aye,, .. THE CITY OF RENTON 4.4 1%, MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 2 + O 0 •- h' ^ . 'CHARLES J. DELAURENTI , MAYOR i LAND USE HEARING EXAMINER 'O � • L. RICK REELER , 235 2593 O�a4D SEPli-° • . • J u 2>>, 17,78 • . Councilman George :j. Perry, Chairman • • Planning •and, Development Committee • • L. Rick Beeler, Hearing Examiner ' SUBJECT: Renton Hill Moratorium Per our conver6at.ion of this date, the purpose of this memorandum is to apprise you of the expected publication date of my recommendation :_ative to rezone application, R-178-78, City of Renton initiated rr ,•n,:_ or Renton Hill . Due to our continuing public hearing schedule airt ! he. necessity for receipt of ,legal opinions regarding the matter, :3 f, na recommendation may not be available prior to July 20, 1978. ii wover, every effort will be made to expedite a recommendation as O(:. as "i)ssii.1e. keep ir. mind that a 14-day appeal period is required following pubs . at:io•: as well as a seven-day waiting period by the City Clerk !irLur t: ::Idce;oni: on the City Council agenda. t -4 . Ric;: 11.?. 1er f miner or OF R4,4/ U O� OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON � POST OFFICE BOX 626 100 .2nd AVENUE BUILDING RENTON, WASHINGTON 98055 255-8678 O� 0 LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 0 11. 'Oo,9 P� • June 23, 1978 qTF� SEPS�� MEMORANDUM TO: Del Mead, City Clerk • FROM: Lawrence J. Warren, City Attorney Re: Resolution Extension of Renton Hill Moratorium • Dear Del : Enclosed herewith is a proposed Resolution extending the Renton Hill Moratorium for an additional 60 days . Lawrence J . Warren LJW: nd Encl . • cc : Ways & Means Conimi ttee Mayor Council President Planning Dept . 76 ty(-7;6 . GOUGE. MCBETH & FAULL 'RECEIVED ATTORNEYS AT LAW ^i. DONALD GOUGE = C. BOA. 26 .)I IN 22 1970 ROBERT E Mc9ETH 5U_-5 'BOUT.- THIRD STREET GARY F FAULL RENTON,WASHINGTON 98055 CITY OF FEii:0'1 ALPINE 5-560D MIAYO': S OFFICE June 21 , 1978 The Honorable Charles J. Delaurenti , Mayor and Members of the Renton City Council Renton Municipal Building Renton, Washington 98055 Re: Renton Hill Moratorium Dear Mayor and Members of the City Council: Mr. L. Rick Beeler, the City of Renton Hearing Examiner, has just concluded a lengthy two-day hearing on the City's appli- cation for rezone of certain multi-family zoned property on Renton Hill. A wealth of material, evidence and testimony was presented to the Hearing Examiner by both sides in this hearing. In view of the complexity of this case, and the wealth of material presented, Mr. Beeler, at the conclusion of that hearing, asked all parties for additional time in which to review everything presented and render his final report and recommendation. All parties concerned then agreed, on the record, that Mr. Beeler might have thirty days in which to file his report, rather than the fourteen-day period provided by City ordinance. On May 1, 1978 , the City Council extended the moratorium which had previously been imposed upon the issuance of building per- mits on Renton Hill, extending that moratorium until July 4 , 1978 . Since this matter will not be resolved by the expira- tion of the moratorium, we are now asking that the moratorium be continued an additional sixty days to allow time for the Hearing Examiner to render his final report and recommendations and to further allow time for the process of appeal, Council consideration, and final determination of this matter. All parties concerned are working diligently to get this matter resolved as soon as possible, and we would ask that the mora- torium be continued for an additional sixty days to allow this process to be completed in an orderly fashion. Since that cannot be accomplished by July 4 , 1978 , we sincerely hope that the City Council will pass a new Resolution extending that moratorium an additional sixty days for the reasons set forth above. Very truly yRUrs. ROBERT E. McBETH CC-James Irwin , Attorney for Attorney for Renton Hill TransAmerica Develop. Co. Community Association w Renton City Council 5/1/78 Page 3 CORRESPONDENCE AND CURRENT BUSINESS . Final Payment Letter from Public Works Director Gonnason reported completion of New Fire Station Phase I of the new main fire station, fire signal installation at Phase I S 2nd St. and Mill Ave. S. by Signal Electric, Inc. 3/31/78, accepted • by the Public Works Dept. 4/9/78 and recommended Council accept completions of the project as of 5/1/78 and final payment of. $18,313;78. The letter r•ec ntnended the retained amount of $5,074.01 be paid to the contractor if after 30 days, no liens or claims are filed against the project and proof of payment of tax liabilities is received. MOVED BY STREDICKE, SECOND PERRY, COUNCIL CONCUR IN • REQUEST OF PUBLIC WORKS DIRECTOR.* Upon inquiry from Councilwoman Thorpe, Public Works Director explained the State requires two signal heads even though, only single lane of traffic. Councilwoman Thorpe asked the Administration for written report on that matter explain- . ing alternates used by other cities. Councilman Stredicke inquired • for the record re City of North Bend signals, being advised by Gonnason that any new signals would have to comply with State Code. MOTION CARRIED." Demolition of Letter from Park and Recreation Director Webley recommended Old Earlington payment and project acceptance for demolition of the old Earlington School School by Center Dozing, Inc., $6,165.90. The letter also recom- mended payment of the retained amount of $685.10 if, after 30 days, no liens or claims are filed against this project. ,f•loved by Thorpe, Second Shane, refer the item to the Ways and Means Commit • - tee. Councilman Stredicke explained Council concurrence auto- matically placed the item with the Ways and Means Committee, • SUBSTITUTE MOTION BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION FOR PAYMENT. CARRIED. Medic Services Letter from Fire Chief Geissler presented copy of proposal for merger of the three south King County Provider Groups for Medic • service, along with copy of by-laws and budget for review and comments. The letter reported that motion was made at recent meet- ing that Valley Provider Group would recommend by-laws and budget for adoption providing King County funds the total cost of the Medic service for the three groups (Federal Way-Auburn, Highline and Valley Medic Provider Groups). MOVED BY STREDICKE, SECOND CLYMER, REFER TO THE PUBLIC SAFETY COMMITTEE. Councilman Stredicke requested the Committee review the report and ascertain that Renton has balanced one man, one vote consideration for number of people/ dollars re Provider Group. MOTION CARRIED. Sister City Letter from'Shinji Takase, Mayor of Nishiwaki , Japan, Renton's Sister City, thanked the Mayor and peoples of the City for kindness shown and welcome given during recent visit, looking forward to visit of Renton delegation in June. (Information) .NEW BUSINESS Councilman Shane noted recent robberies in the area and requester; more Police time in patrol of neighborhoods rather than traffic; Councilman Shane also requesting adequate street lighting; also requesting blinker (caution) intersection signals at other than peak traffic time; also requesting spring clean-up; also requesting sanitary sewer • LID in Kennydale area West of Edmonds Ave. NE. Building • Councilman Perry noted the request of Fred Callen for building Moratorium permit in the Renton Hill area has now been satisfied with the pass- Renton Hill age of Resolution ,f2179 (See Page 1) and lifting of building mora- torium on Mill Ave. S. AUDIENCE COMMENT C. Judkins, 13320 S.E. 99th, representing Northwest Steelheaders, expressed concern for planning of the Cedar River Trail , Phase II, Cedar River Trail that access is available for car top boats to•river edge, with Plans special concern for Senior Citizens and adequate parking. Mr. Judkins asked to meet with officials to review. Mayor Delaurenti • noted willingness to meet and include the Planning Department. ADJOURNMENT MOVED BY STREDICKE, SECOND THORPE, MEETING ADJOURN. CARRIED. . 9:03 p.m. 4 q %i - Delores A. Mead, City Clerk WIP ) PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 1, 1978 The Planning and Development Committee recommends that the attached resolution in regards to con- tinuing the moratorium on Renton Hill for an addit4onal sixty (60) days be read and adopted. • 4 6 ge Perry, Chairman Patricia Seymotir-Thorpe Barbara Shinpoch "404" • RENTON CITY COUNCIL Regular Meeting May 1 , 1978 Municipal Building Monday, 8:00 P.M. Council Chambers MINUTES CALL TO ORDER Mayor C. J. Delaurenti led the Pledge of Allegiance to the Flag and called the regular meeting of the Renton City Council to order. ROLL CALL OF EARL CLYMER, Council President; BARBARA Y. SHINPOCH, RICHARD M. COUNCIL STREDICKE, PATRICIA M. SEYMOUR-THORPE, GEORGE J. PERRY. MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL EXCUSE ABSENT COUNCILMAN THOMAS W. TRIMM. CARRIED. MOVED BY CLYMER, SECOND SHINPOCH, EXCUSE COUNCILMAN CHARLES F. SHANE. CARRIED. Councilman Shane arrived at 8:08 p.m. CIIY OFFICIALS CHARLES J. DELAURENTI, Mayor; LAWRENCE WARREN, Acting City Attorney; PRESENT GWEN MARSHALL, Finance Director; DEL MEAD, City Clerk; WARREN GONNASON, Public Works Director; GORDON Y. ERICKSEN, Planning . Director; JOHN WEBLEY, Parks and Recreation Director; RICHARD GEISSLER, Fire Chief; CAPT. BUFF, Police Rep., DONALD CUSTER, Administrative Assistant. PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL Moved by Stredicke, Second Perry, Council approve, Minutes of April 24, 1978 as prepared and mailed. SUBSTITUTE MOTION BY THORPE, SECOND CLYMER, APPROVAL OF MINUTES BE CONTINUED TO NEXT WEEK. ROLL CALL: 3-AYES: CLYMER, SHINPOCH, THORPE; 2-NO: PERRY AND STREDICKE. MOTION CARRIED. AUDIENCE COMMENT Pamela Jarnigan,917 S 28th Ct, commended Council for joining the eco- nomic boycott of states which have not yet ratified the Equal Rights Amendment. OLD BUSINESS Ways and Means Committee Chairman Stredicke presented committee Ways and Means report noting review of the Land Clearing Ordinance as proposed Committee Report by the Planning and Development Committee and returned the ordinance Land Clearing with a recommendation of "do not pass." The report further recom- Ordinance mended that the subject matter of land clearing be referred again to the Planning and Development Committee. MOVED BY THORPE, SECOND CLYMER, COUNCIL CONCUR IN COMMITTEE REPORT AND REFER MATTER BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE. ROLL CALL: 5-AYE: CLYMER, SHINPOCH, STREDICKE, THORPE AND PERRY; 1-NO: SHANE. MOTION CARRIED. Travel The Ways and'Means Committee report recommended approval of Authorized travel request by Police Officer McKenney and Fire Inspector Wooten to attend annual seminar, Northwest Fire and Arson Investi- gators, Eugene Ore. 5/8 - 12/78. The report also recommended advance travel funds in amount of $177.75 per officer. MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Planning and Planning and Development Committee Chairman Perry presented committee Development report recommending reading and adoption of a resolution continuing Committee Report the Renton Hill moratorium for an additional 60 days. Councilman Perry noted present moratorium (Resolution #2137 9/26/77) expires Resolution #2179 5/5/78. Councilman Clymer left the Council Chambers and took no Renton Hill part in any action or discussion on this matter. City Clerk Mead Moratorium on read the resolution extending the moratorium to all properties in Building the Renton Hill area affected by a change in the Comprehensive Plan Extended and subject to a potential rezone. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL ADOPT THE RESOLUTION AS READ. Upon inquiry, Councilman Perry noted wording eliminates Mill Ave. S from the moratorium, and noted for the record that extension of the moratorim was requested as the Staff has not completed requirements. Planning Director Ericksen noted work was at preliminary stage and anticipated arranging a June hearing date. Acting City Attorney Warren noted necessity of resolution due to writ' of certioari filed against the City and a Staff member with conflict of interest. MOTION CARRIED. Councilman Clymer returned to the Chambers. p F "'V 41 t/ '1 c OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTO ria 0 ram { a. " POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 p� ��Q` LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORN .1e0 SEPSV' April 25, 1978 • Hon. Charles J. Delaurenti, Mayor Members of City Council Renton Municipal Building Renton, Washington 98055 Re: Renton Hill Moratorium Dear Mayor and Council Members : With respect to my letter dated April 24, 1978, concering Renton Hill Moratorium, a review of our file shows that the moratorium will run out on May 5 , 1978 instead of June 5, 1978 . Very truly yours , Lawrence J. Warren City Attorney LJW:nd -c e y./,}1} of R 41 O z '^°�� o OFFICE OF THE CITY ATTORNEY ••RENTON,WASHINGTON 0 '•r POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255=8678 �� LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY �ATfosEP��°e • April 24 , 1978 • • • • • lion. Charles J. Delaurenti, Mayor Members of City Council Renton Municipal Building Renton, Washington • Re : Renton Hill Moratorium Dear Mayor and Council Members : A check of my file indicates that the Resolution regarding building on Renton dill (Moratorium) would have been passed on December 5 , 1977 . The way the Resolution is drafted there would be a 180 day moratorium which would run out approximately June 5, 1978 . The Council should be aware of this and be prepared to extend the moratorium until the zoning action has been completed. Very truly yours , • Lawrence J . Warren L.JW: nd „+►' ^t. Renton City Council 4/10/78 - Page 4 CORRESPONDENCE & CURRENT BUSINESS (Continued) West Hill Joint stated that Water District No. 14 had also dropped out of the project. Water Supply He presented the alternatives the City had in continuing the project Storage and and what each alternative would cost the city in order to take advan- Transmission tage of the Referendum 27 grant, decision on the matter required by Project 4/13/78 in order to take advantage of the grant. Considerable dis- cussion ensued. MOVED BY STREDICKE, SECONDED BY CLYMER, TO REFER THE ENTIRE MATTER TO THE UTILITIES COMMITTEE. MOTION CARRIED. MOVED BY SHINPOCH, SECONDED BY THORPE TO RECONSIDER THE MOTION. CARRIED. MOVED BY SHINPOCH, SECONDED BY SHANE, TO DENY THIS SPECIFIC PROJECT. MOTION CARRIED.. MOVED'BY THORPE, SECONDED BY SHANE, REFER THE SUBJECT OF WATER SUPPLY NEEDS FOR THE WEST HILL AREA TO THE UTILITIES COMMITTEE FOR STUDY AND RECOMMENDATION. MOTION CARRIED. Renton Hill ' Council President Clymer excused himself from the Chambers and took Moratorium no part in this subject. Letter from Fred C. Callen, Callen Realty, 958 Sunset Blvd. N.E. was read which requested clearance for a building permit on property located at 430 Mill Ave. S.; the letter also stated that the description in the moratorium on Renton Hill was in error and there had been no change planned for Mill Ave. S. in the Compre- hensive Plan. City Attorney Warren said that he had talked to Mr. Callen and the moratorium resolution did not allow a building permit to be issued and that he must apply to the Council. Councilman Perry noted the moratorium included the entire Renton Hill Area, everything easterly of SR-405. MOVED BY STREDICKE, SECONDED BY SHANE, TO REFER THE LETTER TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR RECOMMENDA- TION. MOTION CARRIED. Council President Clymer returned to the Council Chambers. Claim for Claim for Damages filed by Venita Mitchell, 667 Edmonds Ave. N.E., Damages alleged personal injury for defective sidewalk on N.E. 7th St. in Venita Mitchell an undetermined amount. MOVED BY SHANE, SECONDED BY STREDICKE, TO REFER THE CLAIM TO THE CITY ATTORNEY AND THE INSURANCE CARRIER. CARRIED. Fire Pumpers Letter from Fire Chief Geissler reported that he had met with repre- Not Up to sentatives of Seagrave Apparatus, Co. and Western States Fire Apparatus Specifications in Portland to discuss rejection of the two pumpers and suggested they come back with a plan to build two pumpers to meet the city specifications and time of delivery to be presented to the Council. Chief Geissler noted he had not heard from either of the companies and recommended the matter be referred to the City Attorney. MOVED BY SHANE, SECONDED BY PERRY, TO REFER THE MATTER TO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. NEW BUSINESS Councilman Perry inquired as to who was authorized to sign for registered Mail Delivery and certified mail for him and was informed by Finance Director Marshall that all mail was received in the Print Shop and any instructions from him would be carried out. Information MOVED BY THORPE, SECONDED BY SHANE, THE CITY ATTORNEY RECEIVE A PACKET Packets for OF ALL THE MATERIAL RECEIVED BY THE COUNCIL. MOTION CARRIED. City Attorney Capital Improve- Councilwoman Thorpe noted there was often controversy about capital ments List improvement projects and who was present at discussions and thought it appropriate for the administration to meet with staff and draw up a list of capital improvements; new South End Fire Station, new City Shops, etc and establish priorities. MOVED BY THORPE, SECONDED BY TRIMM, SOMETIME BETWEEN NOW AND PROPOSED BUDGET, THE ADMINISTRATION PRESENT TO COUNCIL A LIST OF PROPOSED CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY FOR THE NEXT FIVE YEARS. CARRIED. Adjournment MOVED BY THORPE, SECONDED BY PERRY, COUNCIL MEETING ADJOURN. CARRIED. The meeting adjourned at 11 :00 p.m. Maxine E. Motor, DelSuty City Clerk jt • • CEE ------- CIVIL SERVICE EMPLOYEES _--.- ---- ----- --- --- ----------..-... INSURANCE • S 3¢S� 958 Sunset 'Blvd . J. � , Trenton, 'ash. 98055 w C jSj ::arch 5, 1978 a Ce, cr Lr^ . The :_anorble Charles J. l'elaurenti , 1., ayor ��ut�;?�i :. e.::bers of tPe City Council Renton ::unic,ipal Building Rent)n, .dash. 98055 • Dear Mayor De1a urenti & Council Liembers : In my letter of Feb. 23 , 1978 , I requested clearance for a building Permit on the property described as follows : Lot 8 Block 5 Town of• Renton according to Plat recorded in plume 1 of Flats , Pcze 135 , in ring County ",ash. and commonly known s 430 Lill St. Renton, '.rash. • j `allied with the city .ttorney and the Planning Dept. and ,was told that the description in the aior:toriur_ was in error in th:.t there had been no change planned for Yil1 St . in the Comprehensive Ilan. _^:s the City Council is the body to act upon this matter, I hereby request the proper action be taken to clear the way for a building permit . • �i: e rely, Att.A._ £ (id&� ered C . Callen • CALLEN REALTY 958 Sunset Blvd. N.E. Renton, Wa. 98055 8A. 6-3011 • -f • pen4wv. Ph 4O R 04414,14V : Ienton Hill rezone p . .slow re aration • • :Work is going slowly on the prep- • According to Planning Depart- aration for rezone hearings involy- ;went head Gordon Ericksen, the ing property on Renton Hill,the City department has two staff persons • • Planning Department reported last working on the preparations,but its week. current work load is heavy. The • That department is responsible for process has been complicated c too der making recommendations on at least Erickson said,by having seven or eight parcels of land to be rezones.separately rather than.the considered for rezones by the Hear- hill as an hone.Es unsure a d the how ins Examiner: d �th are involved. The City Council sparked the re- many parcels zone.process last year when it ap- Ericksen said, however, he ex- proved changes to the city's com- petted the first of the hearings prehensive plan recommended by would go.before the Hearing Exa- the Planning Commission. miner at process arezone ;was first sparked by hill residents protesting development rumored along Cedar Avenue South.The land is owned by Transamerica Title Co.,the firm that • promises to sue the city if it disag- rees with rese rezone hear- ings. ✓J. c ti V `• . Z OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON j ' o O POST OFFICE sox 626 MO 2nd AVENUEIM SUILDG • RENTON. WASHINGTON 90055 255-8678 pA (O. p�. 0�Q LAWRENCE J.WARREN, car ArroRNEr DANIEL KELLOGG, AssesTANT CITY ATTORNEY 4rfoSEP' t March 6 , 1978 • • • • Mr. Fred C. Callen • Callen Realty . , 958 Sunset Blvd . N.E. . . Renton, Washington 98055 Dear Mr. Callen : • Your letter of February .23 , 1978 , addressed to Mayor Delaurenti and Council Members has been referred to my office for reply. Please be advised this matter was discussed at the City Council meeting of February 27, 1978 . The City Council decided that since your property was included in the legal description of Renton Hill, and since the moritorium on multiple unit structures inclided your property and since . the entire matter is now in litigation that it would be inappropriate at this time to lift the moritorium. • The moritorium is in effect until the time that the City can determine whether or not it wishes to make an applica— tion for down zoning of certain property and have the matter heard by the Land Use Hearing Examiner. This will probably only he a matter of several months. Very truly yours, • \ . Lawrence J . Warren City Attorney . LJ W: n d /rl 1 Renton City.Council • 2/27/78 Page 7 Consent Agenda - Continued Surplus•Vehicles City Clerk reports 2/23/78 bid opening for two surplus vehicles (copy attached). Letter from Purchasing Controller recommended • acceptance of high bid of $747 for the 1969 Dodge Vehicle A-88, • • submitted by L. Gebenini. The letter recommended rejection of the one bid received for Vehicle A-103 and the Controller be given permission to negotiate the sale. Councilwoman Thorpe requested Vehicle A-103 not be sold for less than $507 or returned to the City pool. MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL REFER THE MATTER TO THE PURCHASING CONTROLLER FOR DISPOSITION. CARRIED. MOVED BY PERRY, SECOND STREDICKE, PERSONNEL DIRECTOR FURNISH COUN- CIL WITH REPORT. ADVISING AS TO WHEN PURCHASING CONTROLLER WAS AUTH- ORIZED AND JOB DESCRIPTION. CARRIED. • King County Letter from Valley General Hospital presented revised agreement Medical Services between King County and the Valley General Provider Group and the • • Paramedic City of Renton, Kent, Tukwila, Public Hospital District•#1 (Valley • General Hospital), Fire Districts #20, 25 and 40: The letter asked • approval by the City Council of each.of the districts, however, sig- natures have been omitted for other than the Lead Agency or Valley General Provider Group; noting, if., the Fire Districts/Departments want to be named in the contract with the Lead Agency, it will be • considered. MOVED BY THORPE, SECOND TRIMM, COUNCIL REFER AGREEMENT TO THE WAYS AND MEANS COMMITTEE TO REVIEW CONTRACT AND AMOUNT OF DOLLARS STATED, AND MAKE RECOMMENDATION BACK TO COUNCIL. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Latecomer Request Letter from Dean W. Bitney, Leisure Estates, 201 Union Ave. SE, Leisure Estates requested 10 year latecomers' agreement for future sewer connections into sewer system installed by Bitney within Leisure Estates. The letter outlined the area agreed upon in letter of 4/1/77 to the Public Works Director. Moved by Stredicke, Second Shane, Council concur in request. SUBSTITUTE MOTION BY THORPE, SECOND PERRY, REFER LETTER TO THE UTILITIES COMMITTEE. ROLL CALL: 4-AYE: CLYMER, PERRY, THORPE, SHANE; 3-NO: STREDICKE, SHINPOCH AND TRIMM. MOTION CARRIED. Motion by Shane, Second by Stredicke, to reconsider the previous motion,. Failed. LID #311 Letter from Public Works Director Gonnason requested Council initi- Street. Improvement ate by Resolution, forming a local improvement district on Jones Jones Ave. NE at Ave. NE from NE 24th St. to a point 61.1 ft. north of NE 24th St. NE 24th St. for the purpose of street improvements on the east side of Jones Ave. NE to include sidewalks, curb and gutters, storm drainage and, paving. The letter explained recent development in the area of two short plats with restrictive cov enants providing that the property owners would not protest creation of an LID. The letter further recalled Mrs. Seegmiller and others having requested walking paths on this portion of Jones Ave. and the proposed improvements would provide permanent facilities in response to those requests. MOVED BY THORPE, SECOND SHINPOCH, COUNCIL CONCUR IN DEPARTMENT REQUEST AND REFER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Building Permit Letter from Fred C. Callen, 958 Sunset Blvd. NE, requested clearance for a building permit for a multiple unit structure on property located Lot 8 Block 5, Town of Renton (Renton Hill). Upon inquiry by Councilwoman Shinpdch, City Attorney Warren explained building moratorium includes entire area of Renton Hill, whereas Comprehensive Plan for Mill Ave. S. was not changed from multiple zoning. MOVED BY SHINPOCH, SECOND SHANE, COUNCIL REFER LETTER TO THE ADMINISTRATION 'LAND CITY ATTORNEY FOR PROPER RESPONSE. NEW BUSINESS Council President Clymer reported receipt of letter from the Renton Management Association inviting the Council Members to attend an Association sponsored seminar/workshop on Saturday, 3/18/78 to review and exchange management ideas. MOVED BY SHINPOCH, SECOND THORPE, COUNCIL ACCEPT THE INVITATION AS INFORMATION DISCUSSION. CARRIED. • 1-7 ( 17 • sE ker.top, PA. 6-NU INSURANCE • 958 Sunset Blvd. N.E. Renton, Washington 98055 • February 23, 1978 ' • • The Honorable Charles J.. Delaurenti , Mayor Members. of the City Council • Renton Municipal Building Renton, Washington 98055 Dear Mayor Delaurenti & Council Members: am hereby requesting clearance for a building permit for a multiple unit structure on the property legally described as follows: Lot 8 .Block 5, Town of Renton, according to plat recorded in Volume i of Plats, Page 135, in king County Washington. (Renton Hill ) Respectfully, , . Feed C. Callen c,c-'6\`61(6 -' ‘2' • - IN_ go•r". f\7; c‘r)';.- , • '' \:, •ri ok 0- (4 `z •.;$s c.;'‘ • an City Council ,:.' '�' ;,".. -3/78 • Page-4 • ;,: . :* • ansent Agenda Continued Consent Agenda:', .: MOVED BY.CLYMER, SECOND':RERRY•. COUNCIL;.CONCUR•IN CONSENT AGENDA. . ,;; : x. Apjroval CARRIED. 'cb RESPONDENCE,`AND CURRENT BUSINESS `i '` • -.Fire. Station Bids Letter from Mayor De laurefi't'i'reconnended .Council acceptance of . ' •, ::,,; :;!j the low bid for, the Main',.'Fire"Station .of John Maples (see attached Architect Present tabulation).• The letter'`explained total cost of the•project as ' -, ;.:r,{^tti4ryY,, Cichanski & Assoc: $906,701 which is $94 555'over'budget. The.�letter recommended . • the additional money ?borr'owed •from the.Street Forward Thrust Furyd` :, r'° ' 'and a percentage of the`uJ,til',ity'Tax,be.:set 'aside in•1979 to repay`:,lOan .;'1 , :' The letter. noted ' eting;with the;archittect•and. Fire Station ' '•..,�:: 'u,,.Y.� ,.. Advisory Committee. �'.MOVED,,BY CLYMER,, SECOND'THORPE, COUNCIL REFERr;°: ,;,.`';'-•.'';: ' :-''; THE MATTER TO THE WAYS''#1ND':MEANS COMMITTEE' ,..MOVED BY THORPE,' SECOND;:,',,t�+,f;j+ ';• • ' ' • ' CLYMER; AMEND MOTION TO'.�1N1tLUDE.'PUBLIC=`SAFETY-COMMITVEE REFERRAL:,;.;,.' `'',;1.'• } MOTION CARRIED, MOTIO(�ff 'AS`'dAMENDED;,CARRIEp'fe: ',:,.• ,.,,,,,,. • `•' ; �•"� Renton Hill and: '. Letter from Kathy KeoLker, Pr..esi.den,t.'of''the;Renton__Hill'Community,'7.4,,,, :•,?:e : Transamerica. ' ;•.. Association,;'notif.ied'Ceunc,i,l;;of 'the unanimous.decision of the .:::?•:`.., <::;; . Court Case Renton lii'li"•Coranuni.ty A ,sociat:i'on' end::.Boardio`f Directors to:author"4,:::..:>y,;.�.r,.',:..; ized and,.encoura ed:i+heir 'ttorney, Bob•'fiicBeth; ,to4.pet►tion the,.courr4 ,,it;A ;tz,: for permission to.intervene':in`,the..pending.i.awsuit'which.the Trans„, Ys, , _,t america Corporation`'• ` i1,�d.:against•,the•Cit :The :letter ex=' !,..;!;`;.;,.,r.,, p1ained the'.associ'aD1o..:and?Mr Mc8eth ,would.•as.s,is.t the City and _';„,r:? (; ;, defend the.Cit 's' ct 'f-';c'h'an the.*City:''s Comprehensive ?`1. ;>;; , :: g "; dee, •gha ';S; . ,.,;"; c Plan to sin le-fami.l s ' tidri;on„Cedar:',Ave: •S: MOVED BY.'' :;:r>,ryr, ; ,: • •;+' PERRY,':SECOND THORPE yt. )»I'L"REFER'tt{i 'MATTER TQ•;:TIl CIT A ORNE •ill ;' "' `'>" • •.FOR AD.VICE`T0. COUNCI �` .cARRIEo :;s, ., i' :?'= �;:� .r;r'',;, .,. ,1'. �'� �Ga tural s�.•`,.,�o �� r :•t:•`et, ..f.., •:•iWash:'i:n�'ton.,Na ,fit.,,r4,y, r�'Oikitlei 1`Rgenda.�' . `: �Counci inaii�'�C•l;ynier`'pr ;''Led;.::a...l Let:. 9l�.: Q,, •!.•�e��+r ,�, �' ,:ro'o 3' Clyrier-'Movricti:,;7,,. r, �ScfieGuling °"ti'� Co. receivbd'after: t`r-��d��S�t►9. 9f:a�� a'�scfi'edd7'i;rig:,; r,;,��„ - _,r, ^':Thursda• 'Noon,: ',,rs seconded',byShinpoth• :;ttat''.r.he''matte .be.�referred :to. the Ways and. ;:;'-, ;'' e�, y , • Deadline :• c:`r'a: 'Means''Comni.t•tee as~.a •'on 'w .s°need' :: ye!the,.t.ime'.of=the next.Council t ? eld' k' r;meeting. `SUBSTITUTE xoid`;BY;`THO -'SECOND,..STREpICKE; THE' LETTER,1,1,L „ .,. pJ-'.." ••`•i''L `rk.. 'BE PLACED'ON..THE''REGUL''' ,'AGENDA`..FOR}' '':'NEXT.COUNCIL. MEETING ONi,"•,%,;;s',V� {g'r.': a..',.::... �. MMMM STREDICKE '':.. ^,°; ' ` Y'+' �?<`:`:'•FEBRUARY,.'6�:=1978.,' R ::,CAI} //'Ads''aRI .•. THORPE;�•:''�x;;��rh�� — . :'•` '' Y:'. •N VM ,•SHANE;'. I T= N'>CARRIED.' ';'' .;, .. :,PERR 3- 0:'%Cl ER' rSt! NPO,CH ,-?MQIOr CA,R D: tf_;gA;[b, '°"` ."`, SHANE SECOND PER Y, COUNCI "REFER;,THE',MATTER OF POLICE' `' { �^ e N.PC$.i1S NEs )00,:: MOVED BY 6 i,•. ;. ,P,ol:.i,;Ce . s.Go,:t, f:-,4,_ ESCORT SERVICE FOR.ALLx:FUNERALS;TO TliE,,OUNC,iL,!,5;•_,',.:PUr BLIC SAFETY':,•,,:'i,��,« n:; .�' • COMMITTEE: CARRIED:"` • • '4; Traffic Si nals,':; MOVED,BY SHANE, SECOND:STREDICKE, COUNCIL: REFER�TO'THE. TRANSPORTAT• OM' t" 9 THAT FOL•tOWING TRAFFIC SIGNALS.BE : ,.' ,fi •" y" 'COMMITTEE THE SUBJECr.�IATTR` .. "ts,,r,t �! f.` OPERATED ON CAUTION :EXCiPT.;;DURING'THE-`PEAK•.WORKDAY,HOURS OF 7:00'to;s:"rl`W;,,••• 8:30 a.m. 'AND 4:00 't0s5i30`13,401.: • T►hI•RQ'AND FOURTH;:'AVES.N. AT FACTOill1' ; sz:.;,r:.; WILLIAMS N...GARDEN'•R ?AND'BRONSON�'WAI.••' ROLL CALL: ' 5 AYE:' TRIMI!I•o:'' ? .afi,`a''• SHANE, STREDICKE,.THORPE',PERRY; 2'.NO:':'CLYMER:AND;SHINPOCH: " ''? :"d �"•`.`'•"' ' . • MOTION CARRIED. ' :.:;•:,`'•^t':i<:c�',: :.,\;}::>'. ''`'�`•J��N`t .: mi.t`be,;rai ed from 35 mph' .ii, R' Speed Limit'•, '' '.. Councilman Shane askedF',�ihaG''the`speed l i S �y "9,• to•40/45 mph. on•the 'V,al ley'''H?gi'►wey •.Cemetery,Road (NE 4th''St-:"), •�• t. ? �MaP t4, ' Lake Washington Bout v�,and:�ard,'S'µrlset�':,Bou;lever.d (:'Moved,-.by Stredi.cke;,' ' Second Shane; counei)i'ciefer,!.3he maitter :to'the^.,Administration'to':'`..' °`',4'' check speed limit on.`th'ese`streets•�and;s•report back. ROLL CALL c''•" 4 ; ,,:.''. 3-AYE: SHANE., STREDICKE:' THORPE;'4._NU:<•CLYMER, TRIMM, SHINPOCH AND:;:;i.vi;,i`�' '`' PERRY.' MOTION FAILED • ' .. ' ... ,:)••4+rt'ip r. M1 ,'''.:,.n iar; n. Councilman Shane Proposed motions by',CothiPtiman;;ShaneY,wh,ich received: no second: Ai.t:.';.('"rR r4'",;,.. • • City employees be giveneight,months`!:to live'withiii the City. 'Al'1`•.;:, ,shtg City employees will 'b g'I;veri''sai'e;;wa :'increase'ands benefi is.giyenNO, • •• • ' to Police and Firepersonnel.':: °"'"''` '' +•. �J'�1'M.:, ,'y ..• {.: ..,•'''.,,.' ..-x�i{+°�,Y l , el, Cxecutive Session MOVED BY CLYMER,.SECQs4D•'PERRY, COUNCI�L��MEE`f�?IN'.EXECUTIVE Si:SS ION',RE, ,•..4';;:•;r'"•e<n., LABOR NEGOTIATIONS. '`CARRIED .'.Members of,-the audience and staff not:::;,w:-Yt, COUN . .t'..,; - involved were requested�ao'•leave ,the,:Ch'am6ers at 10:50 p.m• Cdl>�';�;,�� •.��, ADJOURNMENT MEETING ADJOURNED AT;11.:25',' m.' .,T ..;.' , •.''• . �, tr f.' 5. . , ,''''' ' ,.s • . A R},C t Clerk r7,; �r��y P -. ems, ^ au �± .. • .1�1.^f'RR(."A;,� tt�,..,a>:•- • •.r,•�y:,t,};i`f .'.m:?�;' } -+h ,,rys• .a4(.l"f:!'y.4�,�` ." �y�,+�•,�.. :f •.!`'�tiVk",.�,A; i� • ;�J(... uF�r •Zdd' {f: "S'�" 1 1 Yt/ 'i•,f.°::,14t".2' ' `•` r x t :. F,�ft.v:. /; l ' . ' Renton City Council 12/19/77 Page 3 / Correspondence and Current Business - Continued Rezone Appeal :110 fee plus S25 ar:peal fee. MOTION CARRIED adopting committee recom- Ray Ball mendations. Thorpe asked her NO voice vote be recorded. Leslie Adams Letter from Acting_ City Attorney Warren advised :,e :;pi,eer•ed in t Court Case #828227 Superior Court on 12/8/77 to argue the Writ of Certiorari on the McLaughlin Rezone McLaughlin Rezone filed by Leslie Adams, et ux vs City of Renton. Appeal R 001-77 The letter explained' judge's decision that the City's actions were • not arbitrar, and capricious and tnerefore dismissed the Writ. Copy of 'trial brief aria, pert:nent documents. included. Information Traffic Signals - Letter f .01't t.iel 'v:'a :'r'e'. lae'? . c. tee Rentnn Snope;ee Center, Inc. , Renton Shopping Merchant's Association, called attention to several restrictive 'and Center unsafe features in the traffic signal control system adjacent to the Center. (1 ) Intersection of Rainier Ave. S. and S. 3rd.; lengthen- ing of left turn signal time and east-west walk signal time requested. ?) Intersection of Sunset Blvd. , Langston' Rd. . and Hardie St.; re- - guested enntlting of time for both left turn '-lgnal _. d north-south • walk sigtai . ;3; .rite.sect,on of Rainier Ave. S. and 5.. 4th Pl.; requested construction of a left turn storage lane for northbound traffic on Rainier Ave. S. to allow left turn into Center. MOVED BY STREDiCKE, SECOND T-ORPE, COUNCIL REFER THIS MAriER. TO THE ADMINIS- ' ' TRATION FOR RECOMMENDATION BACK TO THL PUBLIC SERVICC� COMMITTEE. CARRIED. ------ ----- . human Rights I '.rr-: o::: al Pert : t1 'ey, Chairperson of the Renton Human Rights Ordinance and Alia.rs Commission, submitted an.ordinance amending Title II, • ' Chapter 10 of the City Code setting forth duties and procedures of the Human Rights and Affairs Connnission. The letter explained the two public hearings held by the commission, ordinance having been drafted with assistance of former (itv •"•'i.tornev '•t)ei +dn Ind City Attorne'/ '1ar,.o ir;_ ii.• ,t. '1• , . ,' P;..,1',:i• t..1i: .. : ... wolf' Rights Coiimisstoit 1''': .]'. ::rnc,i nave determined it is ;tl • t i to provide , . . for inter-agency cooperation in the processing of complaints. Refer- ral to the Ways and Means Committee recommended. MOVED BY PERRY, SECOND SHINPOCH; COUNCIL CONCUR AND REFER TO THE WAYS AND MEANS COM- MITTEE. CARRIED. — Appointment Letter from Mayor Delaurenti appointed Richard Geissler to the Fire Chief 'Permanent position of Fire Chief for the City effective 1/1/78, asking confirmation by the City Council. The letter noted successful completion of the six-month probationary period by Chief Geissler as of 1/1/78. MOVED BY BRl10E, SECOND PERRY, COUNCIL CONCUR IN APPOINT- MENT. CARRIED. Motion by Stredlcke, second by Shinpoch, for recess, Failed. OLD BUSINESS Planning and Planning and Development Committee Chairman Perry sup:: tted committee Development . report recbmnendiny that the Council refer the matter of the zoning Committee Report on Renton Hill to the Planning Department to review the Comprehen- • Renton Hill sive Plan rhanues recently :aced by the Council and the oning of Zoning the Renton r!i l i .”-ea to .iete.l'I,le those p.irc. of :,nu nearing different zoning classifications than those permi .ssit'ie In the ' amended Comprehensive Plan. The report noted the Planning Dept. would then initiate rezoning requests'where parcels do not conform with proposed uses of the amended plan and would prepare the necessary reports; the Hearing Lxaminer to determine,after a public hearing, whether or not :.he parcel: identified by the Planning Department should he rezoned. N!ll'JiP PY PUkIY . SECOND STREI,iICr:C, CitONC.!, CONCUR IN THE , ,� ,NG D• ,, „ F,t_i,i)MMtf�DP.TI!1,. !.I THE }'iA�tN +,t AND DEVELOPMENT Cr! �M. ,. ;•.non inquiry by .Councilwoman Thtrr pe cv; are;,s wh•3r•e appl i Lat i on hr, been made prior to the moratorium, Acting City Attorney Warren advised of prior vested rights. MOTION CARRIED. South' Renton The committee report recommended Council concurrence in the Planning Comprehensive Connliission recommendations for South Renton Compr•ehe•rsive planning Plan Area Area subject to the follow: (1 ) Designate a lineal greenbelt area along west side of proposed SR 515 extending southerly from S 27th St. to SE 172nd St. ; (2) Include buffer of low density multi-family • 1101 T RENTON CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT December 19, 1977 RE:. SOUTH RENTON COMPREHENSIVE PLANNING AREA . The Planning and Development Committee has completed its study regarding the above referral and recommends Council concurrence in the Planning Commission recommendations subject to the following and referral to the Ways & Means Committee: (1) Designate a lineal greenbelt area along the west• side of the proposed -:� S.R. 515 extending southerly from South 27th Street to S.E. 172nd Street. (2) Include a buffer of Low Density Multi-family Residential south of S.E. 172nd Street between the Single Family Residential and Medium Density Multi-family Residential. J -(3) Shift the proposed north-south residential collector street to the west to abutt the proposed park site. • (4) Designate the area south of Carr Road east of the existing city limits as Public Quasi-public and Medium Density Multi-family Residential. • Designate steep slope areas as a greenbelt buffer area. .RE: REFERRAL OF ZONING FOR RENTON HILL The Planning and Development Committee has completed its study regarding the above referral and recommends that the City Council refer the matter of the zoning on Renton Hill to the Planning Department. The Planning Department will review the Comprehensive Plan changes recently passed by the Council and the zoning of the Renton Hill area in order to deter- mine those parcels of land on Renton Hill bearing different zoning classifica- . :ions than those permissible in the amended Comprehensive Plan. The Planning Department will then initiate rezoning requests where parcels do not conform with proposed uses of the amended Comprehensive Plan and prepare the necessary Planning Department reports. '1'ne Hearing Examiner will determine, after a public hearing, whether or not. the parcels identified by the Planning Department should be rezoned. `7 - �.� ��=-" -•-;� �f�-ter . • / T �cJ -- • GQorc Perrf, Chairman lrI Barbara Shinpoch, M tuber ( 1 t_ r;�. ('v_ _ L%L/' R7itt �Stredicke, Member . C-C �•<, t - lF4�[ lt.L.<<d.,y�67 /l?t_....4�I t�.�C�.,.`/ -(l F' LLB �2.exL) e� Renton City Council 12/5/77 Page 5 • Old Business - Continued Repainting 3/4 MG Highlands Elevated Tank and the 3 MG Mt. Olivet Reservoir. Bid Approved Public Works Director Gonnason advised approval interpreted and bid awarded , Attorney indicating procedure legal. Seminar Councilwoman Thorpe called attention to Surface Water, Green River Basin, Seminar in Auburn 12/14/77, asking Planning Director be notified. Mayor Delaurenti noted he will be participating on the panel. Christmas Councilman Stredicke complimented Mayor and Staff on working with Decorations Downtown Merchants on Christmas lighting change over: The Mayor noted attempt will be made for television coverage. Public Services Public Services Committee Chairman Bruce submitted committee report . Committee Report noted review pf Brad McElroy request to connect to the City's • sewer system and noted McElroy nas executed a covenant to annex and is included in the proposed Lozetti annexation for which..peti- tions are being prepared for circulation. The committee recom- mended application be approved subject to limitation of single lateral for single family unit and access to the property be limited to a single driveway. The report also recommended notifi- cation of adjacent property owners as to the proposal. MOVED BY BRUCE, SECOND SHINPOCH, Council concur in the •committee report. ROLL CALL VOTE: 2-AYES: SHINPOCH AND BRUCE; 5-NO's: PERRY, THORPE, STREDICKE, TRIMM AND CLYMER. MOTION FAILED. MOVED BY STREDICKE. SECOND PERRY, CITY CLERK BE AUTHORIZED TO NOTIFY McELROY ASKING FOR ANNEXATION PRIOR TO CONNECTION TO SEWER SERVICE. CARRIED. MOVED BY PERRY, SECOND THORPE, NO FURTHER CONNECTIONS OUTSIDE THE CITY FOR SEWER SERVICE BE ENTERTAINED UNLESS THERE IS EXTREME, CERTIFIED HEALTH HAZARD.* Councilwoman Thorpe noted this applies to existing structures, no new construction being allowed to con- Sewer Connections nect. Upon inquiry by Councilman Trimm, Public Works Director to Property Out- Gonnason noted previously adopted resolution clarifying those Side City Limits properties adjacent to sewer line in City would be allowed to con- . Disallowed Unless nect upon findings of health hazard; these last few items before Extreme Health the Council. requiring extension of lines in order to connect. — -� - Hazard Gonnason asked that resolution be rescinded if policy changed. Gonnason noted need for septic tanks for new construction in event of change of policy, noting late comer's agreement paid in event of connections in the past. Councilman Clymer disapproved of septic tanks. *MOTION CARRIED. MOVED BY STREDICKE, SECOND THORPE, COUNCIL REFER SUBJECT MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Elk Ridge Drive The Public Services Committee report recommended denial of request Name Change to change the name of Eagle Ridge Drive to Elk Ridge Drive, suggest- Denied ing alternate proposal to deed the entry way of the Elks Club to the City to name "Elk Ridge Drive"or pursue other similar approach for better identity. MOVED BY THORPE, SECOND STREDICKE, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. City Hall The committee report noted review of the Public Works Department Heating System request for modification to the City Hall heating system and Modifications installation of the Vertrex Energy Manager system; the Mayor's Approved • Committee on Energy Conservation also reviewed the proposal and recommended favorably. The committee report recommended Council concurrence in the modifications and installation and that the matter be referred to the Ways and Means Committee for appropria- tion of funds within the limitations of the existing budget. MOVED BY STREDICKE, SECOND BRUCE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. NEW BUSINESS Councilman Perry noted review of Council procedure ordinance and Council Procedures asked that each Council Members, the Mayor and City Clerk review the ordinance also; requesting adherence to the rules. ORDINANCES AND RESOLUTIONS • --?Ordinance 03l86 The Ways and.Means Committee Chairman, Earl Clymer, presented.com- T�enfon-Ilill mlttee report recommending second and final readings of an ordinance Comprehensive Plan amending the City's Comprehensive Land Use Plan of Renton Hill area. JP _n`ton City Council 12/5/77 Page 6 Ordinances and Resolutions - Continued Ordinance #3186 First reading of the ordinance was 11/28/77. City Clerk Mead Continued the ordinance designating area.as single-family and multi-family Renton Hill residential, greenbelt and recreational; also deleting Mill Ave. S Comprehensive extension and Grant Ave. S. as being impractical and inappropriate. Plan Following readings, it was MOVED BY CLYMER, SECOND THORPE, COUNCIL ' ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES except Councilman Bruce was not present during the Roll Call. MOTION CARRIED. Resolution #2150 The Ways and Means Committee report recommended reading and adop- Housing & tion of the following resolutions: Resolution was read adopting Community the 1978 Housing and Community Development Program; Public Hearings Development held 11/28/77 and 12/5/77. MOVED BY CLYMER, SECOND THORPE, COUNCIL Block Grants ADOPT THE RESOLUTION AS READ. CARRIED. Resolution 42151 Resolution was read allowing Teleprompter to merge its subsidiary Teleprompter TV companies under the name of Northwest Cablevision. MOVED BY Merger CLYMER, SECOND'THORPE, COUNCIL ADOPT RESOLUTION AS READ. CARRIED. Resolution £2152 Resolution was read extending the Renton Hill building moratorium Moratorium on multi-family residences for a period of 90 days.. MOVED BY Renton Hill Area CLYMER, SECOND THORPE, COUNCIL ADOPT THE RESOLUTION AS READ. Councilman Stredicke requested that the Administration look • at the access problems on Renton Hill; Mayor Delaurenti assigned Public Works Director. MOTION CARRIED. Ordinance a3187 MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL RECONSIDER ACTION TAKEN Garbage Collection 11/28/77 CONCERNING THE GARGABE ORDINANCE. CARRIED. Following Rate Increase readings of the ordinance, MOVED BY CLYMER, SECOND SHINPOCH, COUNCIL First Reading of ADOPT ORDINANCE.* Councilwoman Thorpe requested Administration Ordinance 11/21 include information to residential users with billing - how to obtain one can rate. Councilman Perry requested for the record, percentage of increase, explaining garbage franchise stipulation that the contract would be open for renegotiation if rates increase above 20-30% infive-year period. Gonnason explained rate increase due to increase in County dump fees - one can 4.1% increase; 2 can • 5.6% increase; additional cans 12% increase (within 25 ft.). Gonnason ended list with 2-yard container, 22%. Councilman -—_--- Stredicke requested report listing increases for various industrial concerns 1975-78. Gonnason explained cost-of-living clause in contract for drivers, which may mean increase in costs within six months. Councilwoman Shinpoch asked the alternatives to one-bidder award situation. Councilwoman Thorpe noted recycling studies. ROLL CAUL: 4-AYES: THORPE, SHINPOCH BRUCE AND CLYMER; 2-NO: PERRY AND STREDICKE; 1-ABSTAIN DUE TO INSUFFICIENT INFORMATION: TRIMM. *MOTION CARRIED. Stredicke encouraged recycling,Y 9, outlining processes. Executive Session MOVED BY PERRY, SECOND THORPE, COUNCIL, MEET IN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING WAGE NEGOTIATIONS. CARRIED. Council President Perry requested audience and Staff Members leave the Chambers. Time: 10:30 p.m. Council convened at 10:48 p.m. All Council Members present at Roll Call. Greetings Councilwoman Thorpe extended Happy Hanukkah greetings, asking to he noted in the record. ADJOURNMENT MOVED BY STREDICKE, SECOND BRUCE, COUNCIL ADJOURN THE MEETING. CARRIED. Time: 10:50 p.m. • Delores A. Mead, City Clerk SvC - J. yr3 1-4 CITY OF RENTON, WASHINGTON RESOLUTION NO. 2152 WHEREAS the Planning Commission, of the City of Renton has recently recommended changes to the Comprehensive Plan within certain • areas of the City, and WHEREAS such review and recommendations include an area in the City „generally known as"Renton Hill" as hereinafter more particularly described, and• WHEREAS it has been determined by the City Council.and the Planning Commission that serious problems may result in said area • if unlimited construction were permitted for any multiple dwelling, commercial or industrial purposes, due to insufficient and inadequate street access, circuity traffic pattern, means of ingress and egress, and such existing problems may seriously affect the public health, safety and well being of the community, and in particular the residents within the hereinbelow.described area, and WHEREAS the City Council of the City of Renton has passed an Ordinance changing the Comprehensive Land Use Plan for said Renton Hill, and WHEREAS the City Council has referred the subject of zoning on Renton Hill to the Planning and Development Committee and • to the Land Use Hearing Examiner, and • WHEREAS it is deemed to be in the best interest of the City to establish' a moratorium on certain construction pending completion of the present studies and reviews, including public hearings thereon, • NOW THEREFORE • THE CITY COUNCIL 'OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS; SECTION I: The above statements and recitals are hereby found to be true and correct in all respects. _1- • • • . SECTION II: In furtherance of public health, safety and general welfare, there is hereby declared a moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities' of every' type and nature, for a period of ninety (90) days from date hereof, and relating to the following described territory: • • All that portion of the SW 1/4 of Section 17, Twp . 23 N. , Range 5 E,W,M. , lying east of FAI 405 and south of Chicago—St. Paul Milwaukee and Pacific Railroad. Together with all that. portion of the ' NW 1/4 of .Sec. 20 Twp. 23 N. , Range 5 E.W,M. , • lying East of FAI 405 and North of the PUget Sound • Power and Light Company transmission line easement. In 'the event that the study and review of the City's zoning on • said Renton Hill has not been completed within said ninety (90) day period, then this Ordinance shall be renewed, without further action o' the City Council, for an additional period of sixty (60) days. • the aforespecified moratorium shall not apply to exi;stin a;artments, single family or duplex dwellings or the renovation, repair o:'• maintenance of same. • PASSED BY THE CITY COUNCIL this 5th. day of December, 1977: Delores A. ead, CI Clerk APPROVED BY THE MAYOR this 5th day of December, 1977. �-Charles J. Delnurenti; Mayor. Approved ..Z.; to form: • L,ra i'nco J . Wapyen, Acting City Attorney • • CITY OF RENTON NOTICE OF PUBLIC HEARING • BY • RENTON CITY COUNCIL' . • NOTICE IS' HEREBY GIVEN that the. Renton City Council. has fixed the 21st day of' November • ' , 1977 , at 8:00 p.m. in the Council Chambers of the .Renton Municipal Building, Renton, Washington, as the time. and .place for a public 'hearing to consider, the following: COMPREHENSIVE PLAN,. RENTON HILL PLANNING AREA (THAT AREA GENERALLY BOUND BY. FAI-405 ON THE WEST, CEDAR RIVER ON THE NORTH, THE HILLSIDE AND UNDEVELOPED AREA ON THE EAST, AND THE POWERLINE RIGHT-OF-WAY ON • THE SOUTH) . • SEE ATTACHED MAP Any and all interested persons are' invited 'to be present.to voice approval , disapproval or opinions on same. CITY OF RENTON' ' De ores A. Mead, City Clerk DATE 'OF PUBLICATION . October 21 , 1977 __� . '1-•.ii•F°4-10.4ir:1 _. , ‘- . . . •. -•-•-..,.1..t.re. .ik--. fir---,-,..•!••-.:".r.••vi.. :. " tor-: NOLL. . •-• . .- .......•••&- • •.• t . .• . .....t1.._ii. . - -. .. ..1•1/1.-t;•..".' • •.4....,:. . •-_, r - • .- . .: .7 ''' ' - r- -••• •-•- -,-;\‘‘. 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',.. . •:,„:„.i.,,• • '• . r rL__-/1-_- • i • A • '\X • _... . , •., - . ...\._• _..L...-.iN...../.L,\\•),•2,....,...,t..,.,•_ ,..,._-".V,.'.•L'•;P J s .• 6--''I. /Ii. / r 7 II, i. _/r _.._—• ,•.... . • 7. . -'.—••1----t4_-•t•._..--'•.-• . (•.• \.-. s ..., :••• e. - Or • WAYS AND MEANS COPIMITTEE September 26 , 1977 1: .An Ordinance for second and final reading adopting by reference Title' 9A of the Wash • - ington Criminal Code. • 2 . A Resolution setting a hearing date on a portion of S .W. Harris Place . The hearing date' has been set for October 17 , 1977 . 3. A Resolution at the request of the Municipal Court declaring certain equipment surplus , namely typewriters , to obtain the best possible terms for the City on a cash basis . 4 . A Resolution declaring a moratorium for a period of 90 days on a certain portion of the City generally known as Renton Hill prohibiting the construction or. alteration. / of any multiple apartment building, commercial , or industrial facility but excluding existing apartments , single family or duplex dwellings or the renovation, repair or maintenance of same . The Resolution also provides that in case the studies have not been completed and a review of the City ' s Comprehensive Plan in the 90 day period , this moratorium should be • renewed for an additional 60 day period. Earl Clymer, Chairman Barbara Shinpoch . George Perry 4 • RENTON CITY COUNCIL Regular Meeting September 26, 1977 Municipal Building Monday, 8:00 P.M. Council Chambers MINUTES CALL.TO ORDER Mayor Charles J. Delaurenti led the Pledge of Allegiance to the Flag and opened the regular meeting of the Renton City Council. ROLL CALL OF GEORGE J. PERRY, Council President; EARL CLYMER, RICHARD M. COUNCIL STREDICKE. MOVED BY CLYMER, SECOND PERRY, COUNCIL RECESS. CARRIED. The meeting recessed at 8:05 p.m. and reconvened at 8:12 p.m. Roll Call: PATRICIA M. SEYMOUR-THORPE, PERRY, CLYMER AND STREDICKE. MOVED BY CLYMER, SECOND PERRY, ABSENT COUNCILMAN KENNETH D. BRUCE AND COUNCILWOMAN BARBARA Y. SHINPOCH BE EXCUSED. CARRIED. STAFF IN C. J. DELAURENTI, Mayor; G. M. SHELLAN, City Attorney; GWEN MARSHALL, ATTENDANCE Finance Director; DEL MEAD, City Clerk; GORDON V. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RICHARD GEISSLER, Fire Chief; HUGH DARBY, Police Chief; DONALD D. CUSTER, Administra- tive Assistant. • PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL MOVED BY PERRY, SECOND CLYMER, COUNCIL APPROVE MINUTES OF SEPTEMBER 12, AND SEPTEMBER 19, 1977 AS PREPARED AND MAILED. CARRIED. AUDIENCE COMMENT Charles Shane, 3003 Mt. View Ave. N., objected to proposed 90-unit condominium on Renton Hill because of inadequate water, street Renton Hill access, fire protection and asked that environmental impact be prepared. Mr. Shane also objected that Renton Hill residents must attend lengthy hearings and questioned vacation of Grant Ave. S. Public Works Director Gonnason noted Grant Ave. S. has not been vacated, additional right-of-way has not been acquired. Gonnason explained environmental impact statement would be required at the proper time. Councilman Stredicke reported building moratorium placed on Renton Hill (Res. 1<2137 9/26/77). City Attorney Shellan advised against Council participation in this subject matter until such time as it officially comes before the body. --� PUBLIC HEARING This being the date set and proper notice having been posted, Street Vacation published and mailed, exceeding legal requirements, Mayor Delaurenti Portion of opened the public hearing to consider the vacation of a portion of SW 12th St. SW 12th Street together with nearby alley, lying southerly of SW (S. 150th Pl.) Grady Way and easterly of Oaksdale Ave. SW, northerly of FAI-405. Letter from Board of Public Works, Warren Gonnason, Chairman, noted review of proposed vacation as petitioned by Coldwell Banker on behalf of E.R. and A.M. Turner and Yvonne A. Lucker. The letter reported no need for retention of utility easements and no objections to the proposed'street vacation as the right-of-way is not necessary for present or future use as part of the City's traffic circulation system and would be consistent with previous vacation of adjacent rights-of-way. Public Works Director Gonnason used wall map to point out area and the Springbrook Creek,as requested by Councilman Stredicke. Gonnason reported no conflict. Councilman Stredicke explained to C.W. Minaker, Attorney for Mr. and Mrs. Turner (also present,) the City's policy of receiving payment of 1/2 appraised valuation of property to be vacated. Mr. Minaker expressed belief that this vacation was completion of prior incomplete street vacation and charges should be in accord. Councilman Clymer reported the entire street had not been vacated previously to prevent landlockinq of property. Councilman Stredicke notes if street was not vacated, off-site improvements could be required. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CLOSE THE HEARING. CARRIED. MOVED BY STREDICKE, SECOND THORPE, THE CITY VACATE THE PORTION OF SW 12th STREET AS REQUESTED WITH THE PAYMENT OF ONE-HALF APPRAISED VALUE AND MATTER BE REFERRED TO THE PUBLIC WORKS DEPARTMENT FOR IN-HOUSE APPRAISAL AND TO THE WAYS AND MEANS COMMITTEE FOR ORDINANCE. CARRIED. CONSENT AGENDA The following Consent Agenda items, previously distributed to all Council Members are considered routine and are enacted by one motion unless removed by Council action for separate consideration. A Renton City Council 9/26/77 Page 3 • Correspondence - Continued Property Tax of its assessed valuation within few weeks and forms will be supplied Levies - to use in submitted levy. Councilman Perry noted dilema of need Continued for tax levy information prior to receipt; Mayor Delaurenti noted letter would be directed to Assessor and Mr. Lowry. MOVED BY THORPE, SECOND PERRY, REFER COMMUNICATION TO THE WAYS AND MEANS COMMITTEE. CARRIED. Recess MOVED BY THORPE, SECOND PERRY, COUNCIL.RECESS. CARRIED. Council recessed at 9:57 p.m. and reconvened at 9:02 p.m. Roll Call: All present as previously shown. OLD BUSINESS Councilwoman Thorpe submitted petition signed by 238 citizens for Community the new Senior Center which had been presented at the 9/22/77 com- Services mittee meeting concerning Senior Center and a petition against the Report center. Mrs. Thorpe noted session' well attended, that major concern was adequacy of Sartori School, amount and method of financing and Senior Citizen architectural agreement. Councilman Clymer had explained Sartori Center not available on long-term basis, explained costs, that estimated OA of overall cost would be for architectural and engineering fees. Councilwoman Thorpe explained that majority of persons present favored center and urged progression of project. Public Services Public Services Committee report was submitted by Councilman Committee Report Stredicke recommending Council concurrence in request of the Valley General Hospital agreement authorizing the Mayor and City Clerk Valley Medic I to execute agreement. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. LID #308 Councilman Stredicke requested added referral for Consent Agenda item SW 34th & street improvements for SW 34th and SW 41st St. at Lind Ave SW, SW 41st Street Glacier Park applicant) L.I.D. #308. MOVED BY STREDICKE, SECOND Improvements THORPE, ADDITIONAL REFERRAL FOR LID #308 TO THE PUBLIC SERVICES COMMITTEE. CARRIED. ORDINANCES AND RESOLUTIONS --� Ways and Means Ways and Means Committee Chairman Clymer presented committee report Committee Report recommending second and final readings of an ordinance adopting by Ordinance #3156 reference Title 9A of the Washington Criminal Code; first reading Criminal Code 9/19/77. Following readings, it was MOVED BY MOVED. BY CLYMER, SECOND THORPE, COUNCIL• ADOPT ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Resolution #2136 The committee report recommended. reading and adoption of a resolution Street Vacation setting a 'hearing date of 10/17/77 for vacation of a portion of • SW Harris P1. SW Harris P1. located between Hardie Ave. SW and Rainier, Ave. S. Following reading, it was MOVED BY STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN RESOLUTION. CARRIED. Resolution #0137 The committee report recommended reading and adoption of a resolution Building declaring a moratorium for a period of 90 days on certain portion Moratorium of the City generally known as Renton Hill prohibiting the construc- Renton Hill for tion or alteration of any multiple apartment building, commercial , Study of City's or industrial facility but excluding renovation, repair or mainte- Comprehensive nance of existing apartments, single family or duplex dwellings. Plan of area The Resolution also provides that in case the studies have not been completed, renewal period of additional 60 days allowed. Following reading,, it was MOVED BY CLYMER, SECOND PERRY, COUNCIL ADOPT RESOLU- TION. CARRIED. . ADJOURNMENT MOVED BY CLYMER, SECOND THORPE, COUNCIL MEETING ADJOURN. CARRIED. The Council meeting adjourned at 9:30 p.m. • Q �- Delores A. Me d, Ci Clerk t1 . CITY OF RENTON, WASHINGTON RESOLUTION NO. 2137 WHEREAS the Planning Commission of the City of Renton, together with its committees, has been and is now studying and reviewing proposed amendments to the City's Comprehensive Plan within certain areas of the City, and WHEREAS such study and review also includes an area in the City generally known as"Renton Hill", as hereinafter more particularly described, and WHEREAS it has been determined, on a preliminary basis,• that serious problems may result in said area if unlimited, construction were permitted for any multiple dwelling. , commercial or industrial • purposes, due to insufficient and inadequate street access, circuity traffic pattern, means of ingress and egress,and such existing problems i may seriously affect the public health, safety and well being of the community, and in particular the residents within the hereinbelow described area, and WHEREAS it is deemed to be in the best interest of the City to establish a moratorium on certain construction pending completion of the present studies and reviews, including public hearings thereon, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: SECT10N I: The above statements and recitals are hereby found . to be true and correct in•every respect. SECTION II: In furtherance of the public health, safety and general welfare, there is hereby declared a moratorium for the construction, improvement and alteration of any multiple apartment buildings, commercial and industrial facilities of every type and nature, for a period of ninety (90) days from date hereof, and relating as to the following described territory: Ali that portion of the SW 1/4 of Section 17, Twp. 23 N. , Range 5 E. W.M. , lying east of FAI 405 and south of Chicago-St.Paul Milwaukee and Pacific Railroad. Together with all that portion of the NW 1/4 of Sec. 20 Twp. 23 N. , Range 5 E.W.M. ,. lying East of FAI 405 and North of the Puget Sound Power and Light Company transmission line easement. -1- � I r • In the event that the study and review of the City's Comprehensive Plan and related documents as same affect the abovedescribed area have not been completed within said ninety day period, then this moratorium shall be renewed, without further action of the City Coundil, for an additional period of sixty (60) days. The aforespecified moratorium shall not apply to existing apartrm • single family or duplex dwellings or the renovation, repair or maintenance of same. PASSED BY THE CITY COUNCIL this 26tMday of September 1977. 10461" e ores AMead, Ci er APPROVED BY THE MAYOR this 26th day of September , 1977. _-.. . K� f4GS c t/it ' ClCG4Ja,,i Charles De' a�E4urenti, Mayor Approved as to form: • G and M. Sllellan, City Attorney -2- - t I' • • • . Re. . . • .. 4. ,i,.,:::„,:.. ,:,...... Rento.n... Hill, .. . . .,,. resi ants r : � ; i I . city . zoning discrimination '• Re residents beaded to- Cedar Avenue . . - gether to present a united front controversy,is now South, of permit . era, and pre;et;ted '• the', ; against a developer and charge the apartments. •• e • `'e ` city .wfth "toting discrimination" Wrtmenta. . "We'11e oppoafng !Pertinent 'de-' •`�• wheel the'issue of in their. es waters" velopnient on the hill*id Peiel it's,a . when. he.neighborhood was aired growth n sday .e Pevel� U,involved in an . .violation of the commnnityp g,; ,:. during a Renton Planningcondominium now under .• process," neighborhood spokesper-;: sionduri meeting. Commis- construction on Cedar,paid his firm • son jtathy Keolker'said.."Develop More than 120 hill residents "was just testing the waters" with mentwillbavea,detriaventaleffect.^recent advertisements for a 90-unit In response to the, armed with a plank of recommended ' facility. concernu;-eight..;,`. land-use changes,• crowded city But,he said,it would be improper hors also forwarded sub a four-point council chambers to urge the plan- to flaunt "zoninglawyer of relief,submitted by their ning commission to prohibit apart- discrimination" lawyer Bob McBeth. •• ment development on Renton Hill. ' single-family ylhomess. Heo r st aid the ord comprehensive plla 'Committee lO�, And developer Gene Farrell, development over 10 acres is netlike consider land-use drawings a Realtors, Homeco arrived with apartment development"and is not meeting Wednesdaya 7:30 m.in P pod 90-unit con- all that much denser than the neigh- city hall. dominium that"could give this older borhood now.� neighborhood needed' outside en-. Farrell said an environmental;In- . .couragment." pact statement would be needed if The commission, after taking the S4 million development goes any 4. about two hours of testimony on the further.But et this time no plans or question of growth versus status quo, decided to refer the matter to permitshave beena submitted or committee and continue the hearinggranted, planning department co 1 i head Gordon Erickson confirmed. What residents are asking . Neighbors cited their major con- • is a cerns es traffic volume,access to the change in the city's comprehensive hill, children's safety and school • land-use plan, a zoning guide, and busing,crime rate;views,the quality. actual zoning to prohibit multi- of hill life, the hill's historic value family dwellings on the hill, and a collective pride of ownership. The request would require a land- • ' Petitions gathered use map change first, and a down- Petitions of more than 230 name! zone later since the west side of were:gathered in support'of those Page 2-Record-Chronicle-Section A- Friday,.September 16,1977 • • • if" 7�1'f �: ^ �x �i = . { M cI �-.� A • -.:, , 4 I..4g. - ... , r,ii Ir.\ . ,.,,,,,_,,iii__;,.. ... „...„:„..„.,.:....;;,,,,.....,,,.._ ,:ex,_,.., _: • A. ,, .,.. . .,..;._ „ ._ , \ ill - -. -, '- '.'1:-.':...,!."-• " ?ill - . - • • • LEADERS OF RENTON HILL RESISTANCE LISTEN TO DEVELOPER PLANS Staff photos by CATHY BURKE -DAVE FAF • • ...Amelia-Telban,Ruth.Larson,Peggy,Jernigan, Claude Rogers,Kathy.Koelkerand attorney Bob McBeth ..:Hamaco I v� n t from Ren ton. 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F_- • • • .! 1. - n A ' rJ + \ , n �� l \ •''./. . • ry i .ti: -�i _A ,' .'•argil 4. • - ',,,,...• , t . _� �. / \ `:\ All that portion of the SW 1/4 of Section 17, •Twp. 23 N. , Range 5 E. , W.M. , lying east of FAi 405 and south of Chicago-St. Paul Milwaukee and Pacific Railroad. Together with all that portion of the NW 1/4 of Sec. 20 Twp. 23 N. , Range 5 E. , W.M. , lying east of FAI 405 and North of the Puget Sound Power and Light Company transmission line easement Renton City Council 6/6/77 Page 3 Consent Agenda - Continued Energy Director. Other members: Rick Beeler, Land Use Hearing Examiner, Conservation and Clark Petersen, Library Director. Committee will coordinate Committee the City's energy conservation measures. Information. Appointment Letter from Mayor Delaurenti reappointed Mrs. Joan A. Walker, 1433 Planning Monterey Ave. NE, to three-year term on the Planning Commission Commission effective 7/1/77 through 6/30/80, having served on the Commission since 1975 and presently Vice Chairman. Refer to the Ways and Means , Committee. Appointment • Letter from Mayor Delaurenti appointted Peter Banks additional Judge Pro tem Municipal Court Judge Pro tern. The letter explained Mr. Banks is with law firm of Hardwick and Conrad,• Evergreen Building; appointment effective through 12/31/77. Refer to Ways and Means Committee. Consent Agenda MOVED BY PERRY, SECOND BRUCE, COUNCIL APPROVE CONSENT AGENDA AS Approval PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Senior Citizen Letter from Leland. Pumel, Chairman, Senior Citizens Planning Committee • Center informed Council of motion passed unanimously at their 5/16/77 meeting recommending that the Mayor and City Council pass a $600,000 limited general obligation bond to complete the senior center. MOVED BY PERRY, SECONDED BY STREDICKE, COUNCIL REFER COMMUNICATION TO THE COMMUNITY `i SERVICES COMMITTEE. CARRIED. District Court Letter front Mayor Delaurenti requested Committee of the Whole agenda Lease of 6/9/77 include presentation by Del Bennett on lease negotiations with the County for District Court space; lease agreement must be executed by 6/30/77. Presentation to include proposed allocation of space for Municipal Court. Moved by Perry, Second Clymer, Council refer communication to the Public Services Committee for review and recommendation. SUBSTITUTE MOTION BY THORPE, SECOND BRUCE, COUNCIL CONCUR IN REQUEST OF MAYOR'S OFFICE AND REFER.TO THE COMMITTEE OF THE WHOLE. ROLL CALL: 3-AYE: THORPE, SHINPOCH, BRUCE; 3-NO: PERRY, '^ STREDICKE, CLYMER. MAYOR DELAURENTI VOTED AYE AND BROKE TIE VOTE. MOTION CARRIED Latecomer's Letter from William L. McLaughlin, Jr., 10630 SE 176th, Renton, Agreement requested a latecomer's agreement for a water line he is installing Water line in the Kennydale area, noting the plan filed with Water Department, No. W-463. MOVED BY CLYMER, SECONDED BY BRUCE, COUNCIL REFER REQUEST TO THE PUBLIC SERVICES COMMITTEE. CARRIED. Renton Hill ' A petition bearing 63 signatures of residents of Renton Hill, mainly Cedar Ave S. Cedar Ave. S. requested rezone of Cedar Ave. S. in its.entirety for Requests single family dwellings, except those multi-family units currently Single Family i in existence, based on reasons: (1) Traffic pattern accessibility, • Zoning street width and parking not adequate; (2) Do not wisIi to forfeit views by allowing apartments to locate in neighborhood; all residents taking pride in homes and having gone to considerable expense in both time and money to improve older homes. The letter noted the neighbor- ' I hood is a quiet place to live and intent to keep it that way. Moved by Perry, Second Stredicke, Council refer communication to the Planning FI Commission for review and recommendation. SUBSTITUTE MOTION BY I SHINPOCH, SECOND BRUCE, COUNCIL REFER REQUEST FOR SINGLE FAMILY ZONING ON RENTON HILL TO THE PLANNING COMMISSION AND HEARING EXAMINER. CARRIED. Advance Refunding Letter from Mayor Delaurenti attached letter from City's investment Water & Sewer consultants, Seattle-Northwest Securities Corp. signed by Richard T. Bonds Kennedy, Vice President, concerning recommendations for advance refund- ing of $2,950,000 Water and Sewer Revenue Refunding Bonds, 1976. The' Mayor's letter concurred with Mr. Kennedy's recommendations and noted Kennedy would meet with the Ways and Means Committee 6/6/77 at 7:00 p.m. Mr. Kennedy's letter attached schedule of existing debt service and proposed refundino iccn and savinos. notino meeting with Public Works Gonnason and Deputy Finance Director Bennett and the Finance.Director, Gwen Marshall. MOVED BY CLYMER, SECONDED BY SHINPOCH, .COUNCIL CONCUR IN RECOMMENDATION AND.REFER TO THE WAYS.AND MEANS COMMITTEE. CARRIED. Mr. Kennedy, City's investment consultant, was introduced. •