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HomeMy WebLinkAboutLUA-06-071_Report 4Revised 11119103 GLOSSARY use or enjoyment, or for the private use and enjoyment of adjacent property owners. Open space may also consist of undeveloped or developed areas including urban plazas, parks, pedestrian corridors, landscaping, pastures, woodlands, greenbelts, wetlands, and other natural areas or street rights-of-way which provide visual relief within developed areas. The term does not include driveway, parking lots, or other surfaces designed for vehicular travel. park and ride lot: a parking lot where transit riders can leave their cars and ride a bus or train to another location. peak hour: one-hour interval within the peak period when travel demand is usually highest, e.g., 7:30- 8:30 a.m. and 4:30-5:30 p.m. pedestrian-orientation: an area where the location and access to buildings, types of uses permitted on the street level, and storefront design are based on the needs of the customers on foot. pedestrian-oriented development/streets: Development/streets intended to create and or augment pedestrian use, circulation and activity. Pedestrian-oriented streets are designated during conceptual planning and master planning. Pedestrian-oriented development occurs on pedestrian-oriented streets and typically meets the following criteria: I) Buildings in scale with the street, one to two stories along residential/minor collectors, and three or more stories along primary and secondary arterials. 2) Building located close to the street/sidewalk. 3) At least one pedestrian entry oriented to the street. 4) Clearly identified sidewalks andlor grade separated walkways. In instances where market conditions do not support higher structures along primary and secondary arterials, development proposals should present alternative means to address pedestrian-oriented scale and/or allow phased infill to higher densities. pedestrian facility: an improvement designed to facilitate accessibility by foot or wheelchair, including sidewalks, curb ramps, crosswalks, overpasses and undercrossings, etc. performance-based zoning and building codes: as opposed to traditional prescriptive techniques, this system measures individual projects against clearly stated criteria, such as traffic impacts, neighborhood compatibility, infrastructure capacity, etc. Its main advantage is its flexibility, and that developers are given a wider range of methods by which to meet housing demand. planned unit developments (PUDs): a planning technique which provides increased flexibility for the developer in exchange for a higher quality of development. Usually used for larger, multi-unit parcels, PUDs are characterized by a focus on overall project design rather than lot-by-lot zoning, setbacks, and placement. Mixed-use, innovative housing types, open space and recreational facilities are often included. The process typically involves two-way communication between the developer and the community concerning design compatibility. platting: essentially a map of a piece of land which shows the location, boundaries, area, detail of lot boundaries, proposed streets, utilities, public areas, and all other necessary data to demonstrate compliance with subdivision regulations; state statutes provide for the recording of plats, and the selling of lots or parcels of land by referring to the recorded plat. It is usually unlawful to sell land by referring to an unrecorded plat. point source pollution: a contaminant that adversely alters the physical, chemical, or biological properties of the environment. Pollutants can include solid waste, sewage, garbage, sewage sludge, and municipal waste discharged into water. Potential Annexation Area (pAA): An area within which people have an opportunity to annex to the City of Renton. A P AA can not include any land outside of the Urban Growth Area and may be smaller than the Urban Growth Area. prime agricultural land: lands with extremely fertile soil classifications as established by the U.S. Department of Agriculture Soil Conservation Service. lX·8 EXHIBIT A ORDINANCE NO. 5107 EXHIBIT A DEVELOPMENT AGREEMENT Return Address Office of1be City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 1111111111111111 20031210001637 CITY OF RElfTON AG 111 e. PAGE .. I OF f73' • 12/11/21.3 12:22 KING COUNTY. J,jA Doeument TItle(l) (cr transactiOllS contained therein): 1. Development Agreement for Reoton Plant Redevelopment Reference Number(s} oCDoemnenu assigned or released: (on page _ of document3(s» GraDtor(') (Last name fim.1hen first name and initials): 1. The Boeing Compaoy GraDtee(.) (Last name first, thm first name and initials): - - 1. City ofRentoo Legal description (1lbbrtMated: i.e. lot, block, plat or sectioo, township, range) PortiOllS of Reo too Farm Plat. Rental Farm Plat No, 2, Plat of sartorisvin .. Reotoo Boiler Works SlUr! Plat, Rentoo FIIIlII Acreage Plat, City ofReotoo Short Plat, C.H. Adsit's Lake Washington Plat. and Government Lots 1,2. and3-STR082305 TAXLOT55 PCL 1 BOEING,STR082305 TAXLOT 115 J'CL2BOEINo, STR 082305 TAXLOT 880 PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCL 5 BOEING, STR 08230~ TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT 105 PCL 7 BOEING, STR 082305 TAXLOT 152 PCL 8 BOEING, STR 072305 TAXLOT 1 PCL 9 BOEING, STR 0723()S TAXLOT 46 PCL 10 BOEING, STR 082305 TAXLOT 11 PCL 11 BOEING, STR 082305 TAXLOT 187 PCL 12 BOEING, S1R 082305 TAXLOT 79 PCL 13 BOEING, STR 072305 TAXLOT 100 PCL 14 BOEING, STR 082305 TAXLOT 204 PCL 15 BOEING. ~ Full legal is 00 pogcs __ furough __ of document. Assessor'lProperty TuPareellAc:c:oantNumber Portioos. of 1he following: #756460-0055-04, #722300-{)1 15-08, #722400-0880c00. iro82305-9019-OO, #082305-9209-00, #082305-9037-08, #722300-0105-00, #082305-9152-07, #072305-9001-01, #072305- 904~8, #082305-9011-08, #082305-9187-06, #082305-9079-07, #072305-9100-01, #082305-9204-05. .- (I BOEING DeY ~reemeolll·24-03.doc) 11/24103 EXHIBIT B DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR REDEVELOPMENT OF A PORTION OF THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement") between THE BOEING COMPANY ("Owner" or "Boeing"), a Delaware corporation, and the CTIY OF RENTON ("Renton"), a municipal corporation of the State of Washington, is entered into pursuant to the authority ofRCW 36. 70B.l70through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. IT. RECITALS A. Owner owns approximately 280 acres of real property, known as the Boeing Renton Aircraft Manufacturing Facility (,'Renton Plant" or "Planf,), located in Renton, King County, Washington, as more particularly described in Exhibit 1, attached. Since the early 1940s, the Plant has been used to manufacture military and commercial airplanes. . B. The majority of the Renton Plant site has historically been zoned for heavy industrial use and has, for severa! years, been designated Employment Area- Industrial by the Renton Comprehensive Plan. Since 2000, a parCel along the Plant's eastern boundary has been zoned IH and designirted by ,the Comprehensive Plan as Employment Area-Transition (Interim) and a nearby parcel has been zoned CO and designated by the Comprehensive Plan as Employment Area-Office; C. In 2002, Owner informed Renton ofits plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the "Move-to-the-Lake." Move-to-the-Lake is, among other things, intended to ' release underutilized land as surplus for eventual sale and redevelopment. D. To provide certainty and efficiency to Owner with respect to further development of the Renton Plant for airplane manufacturing purposes, to encourage continued airplane manufacturing by Owner at the Renton Plant, and in anticipation of potential future redevelopment efforts, Owner and Renton entered into a Development Agreement ("2002 Agreement") on June 28, 2002, by Resolution 11/24i1l3 Page 1 .' . , . No. 3568 which, among other things, established baseline trip counts, redevelopment credit and vesting of land use regulations lUlder certain circumstances for ongoing Renton Plant operations and potential redevelopment E. Based on further discussions between Owner and Renton regarding potential opportunities for redevelopment of the Renton Plant site, in phases, over time, Renton resolved, by Resolution 3589, on October 14, 2002, to conduct environmental review in the form of an environmental impact statement (''BIS'') pursuant to the State Environmental Policy Act ("SEPA") of (a) potential alternatives for~evelopment of all or a portion of the Renton Plant site and (b) related public infrastructure. Resolution 3589 also established a conceptual public/private framework for the eventual mitigation of the impacts of Renton Plant redevelopment on transportation infrastructure and public services. F. On December 4, 2002, Owner and Renton entered into an agreement concerning the funding and construction of the extension ofStrander Blvd. across Owner's Longacres property (,'Strander Agreement"). Among other things, the Strander Agreement establishes a $1.7 million transportation mitigation credit to Boeing that may be used to pay for transportation improvements needed to support . development of Owner's properties located in Renton.· . G. On December 16,2002, Owner submitted an application to Renton for amendment of the Comprehensive Plan designation applicable to the Renton Plant site ("Comprehensive Plan Application") from ill to Employment Area -Transition (''EAT''). Renton elected to designate the area under a new Comprehensive Plan designation and combine the Comprehensive Plan Application with amendments . proposed by Renton to the zoning text, zoning map and development standard for the Renton Plant site . H. On December 20, 2002, Renton imposed, by Resolution 3609, a Moratorium on 'development in areas of Renton, including the Renton Plant, zoned m. One stated reason for the Moratorium was Renton's desire to "provide adequate time for Renton staff to prepare and present proposed changes to the Comprehensive Plan and zoning" of those areas zoned heavy industrial (ill). I. On Ianuary 13,2003, the City Council held a public hearing on the Moratorium. At the request of the Boeing Company, Renton amended the Moratorium to allow Boeing to consolidate its facilities within the Renton Plant. After the Ianuary 13,2002 public hearing, the Renton City COlUlcil adopted Resolution 3613 which continued the Moratorium in those areas of Renton zoned [!BOEING 1l-24-1J3.doc] 11I2W3 Page 2 heavy industrial (llI), but also agreed to support Boeing's "Move-to-the-Lake" including any required building modification or construction. J. On June 9, 2003, the City Council amended the Moratorium for a second time by the adoption of Resolution 3639. Resolution 3639 lifted the Moratorium over I-H zoned areas located within the Employment Area-Valley Comprehensive Plan designation. The Renton Plant is the only I-H zoned property of any significant size that continues to be bound by the Moratorium. which is scheduled to expire on December 2. 2003. K.. On March 4, 2003, Renton's Environmental Review Committee ("ERC',) adopted a determination of significance for the Proposal. Renton issued a Scoping Notice and Scoping Document for the EIS on March 10, 2003. On March 25~ 2003, a public scoping meeting was held to receive written and oral comments on the proposed scope of study. A Draft Environmental Impact Statement (DEIS) was issued by the ERCon July 9, 2003. A public hearing was held on July 30;" 2003. A . thirty day comment period on the DEIS was closed on August 8, 2003.· The Final EIS was issued on Octobei-21, 2003. L. Portions of the Proposal were the subject of a Renton Plarining Commission hearing held November 12,2003; the Proposal and related modifications to Renton's existing parking cOde, site development plan review ordinance, and binding site plan ordinance were the subject of the City Council Hearing held on November 17, 2003. The City Council adopted all by ordinance on November 24. 2003. M Owner has determined that the portions of the Renton Plant Site known as Lot 3 and the 10-50 site will become under-utilized at the completion of Move-to- the-Lake. Consequently, those portions of the Plant may be surplused and made available for sale, in the near future. IN LIGHT OF THE FOREGOING, and because successful redevelopment of all or portions of the Renton Plant site will be oflong-term benef1t to both Renton and Owner. Renton and Owner do hereby agree as follows: . m. AGREEMENT 1. Definitions 1.1 ArteriaI Roads means the primary public roads supporting District 1 and 2 Redevelopment, as diagrammed in plan and section and described on Exhibit 2 [IBOEINO 1I·24'()3.doej 1If24Al3 Page 3 ,. attached, with typical sections of the individual Arterial Roads shown in Exhibits 2A through 2E (herinafter collectively referred to as Exhibit 2). 1.2 Boeing means The Boeing Company, a Delaware corporation, and related or subsidiary entities. 1.3 Design Guidelines means the Urban Center Design Overlay Regulations established by Renton to supplement the Development Regulations with respect to the design of certain uses permitted within the UC-N zone. 104 Development Regulations means those portions of the Renton Municipal Code (RMC) zoning provisions that govern certain aspCcts of site planning. building design, landscape requirements and other elements of development within a given zone. 1.5 District 1 means that area of the Renton Plant Site located east of Logan Avenue, as designated on Exhibit 3 attached. 1.6. District 2 means that area of the Renton Plant Site located west of Logan Avenue, as designated on Exhibit 3. 1.7 Economic Benefit Analysis means the calculation of estimated one time ; and recurring revenues andjobs generated by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not provided by Renton. 1.9 Interchanges mean access points from Renton roadways to and from Interstate 405. 1.10 Intersections mean the general areas where two or more roadways join or cross, including the roadways and roadside facilities for traffic movement within them. 1.11 Land Use Policies and Regulations means Renton Comprehensive Plan policies, Development Regulations and Design Guidelines. 1.12 Local Roads means all on-site roads that are not Arterial Roads and that are necessitated by Redevelopment. 1.13 Off-Site Intersections means intersections not included within District 1 or District 2. [!BOEING 1I·2HI3.0!0c) 11124Al3 Page 4 1.14 On-Site Intersections means the intersections shown on Exhibit 4. 1.15 Owner means Boeing and any transferee or successor-in-interest of all or any portion of the Renton Plant. 1.16 Proposal means, collectively, Owner's Comprehensive Plan Application and related zoning and Development Regulation amendments proposed by Renton. 1.17 RMC means the Renton Municipal Code. 1.18 Redevelopment means construction of improvements to the Renton Plant for uses other than airplane manufacturing or uses supporting or associated with airplane manufacturing. 1.19 Renton Plant Operations means airplane manufacturing and supporting or associated uses conducted on the Renton Plant Site. 1.20 Renton Plant Site means District 1 and District 2, collectively, as shown on Exhibit 3. 1.21 Site Plan Process means the master planning and site plan requirements of the RMC applicable to Redevelopment within the UC-N zone. 1.22 Subdistrict lA means that portion ofDistriq 1 commonly known as Parldng Lot 3 and the 10-50 Building as shown ott the Subdistrict lA Conceptual Plan. 1.23 Subdistrict lBmeans that portion of District 1 commonly known as the 10-80 site, Lot 10, and other Boeing-owned parcels east of Logan Avenue and south of 8th Street. 1.24 Subdistricts means Subdistrict lA. Subdistrict lB, and District 2, collectively. 1.25 . Utilities means water, sewer and stormwater system improvements that serve the Renton Plant Site. 2. Basis of Agreement 2.1 Intent This Agreement establishes certain roles and responsibilities for the potential phased Redevelopment of all or Ii portion of the Renton Plant Site, including but not [IBOEING 11-24-03.doc] IIll4,Q3 PageS , . limited to Renton commitments for corresponding potential funding and construction of certain public infrastructure improvements benefiting the Renton Plant Site and the community at large and Owner commitments to participate in the funding of certain public improvements, to fund all private aspects of Redevelopment, and to redevelop the Renton Plant Site consistent with applicable Land Use Policies and Regulations. 2.2 SEP A Decision Document This Agreement is entered into in lieu of a SEP A ''Decision Document" and, as such, establishes all SEP A-based conditions necessary to mitigate potential adverse impacts of the Proposal, and Renton's approval of the Subdistrict lA Conceptual Retail Plan. . 3. Redevelopment Planning Redevelopment of the Renton Plant Site may occur incrementally starting with properties within Subdistrict 1A. Conceptual planning for the possible surplus and sale of property will occur in three areas of the Renton Plant Site, Subdistrict IA, Subdistrict lB, and District 2, as illustrated in Exhtbit 3. Conceptual planning, . pursuant to the requirements of this Agreement, will be supplemented by master planning and site planning pursuant to the requirelllents of RMC 4-9-200. 3.1 Conceptual Plan At the time at which Owner wishes to subdivide, develop, sell, or otherwise alter any property within the Subdistricts for uses not related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1.1. A narrative describing the conceptual Redevelopment proposal and its relationship to the Renton's Comprehensive Plan VISion and Policies for the Urban Center-North; 3.1.2 The estimated timing and sequencing of property surplus and sale (if applicable); 3.1.3 A description of the proposed uses including the general mix of types, estimated square footage of each building and parldng for each structure, heights and residential densities; 3.1.4 The genera1location of use concentrations (i.e., residential neighborhoods, office or retail cores, etc.); [!BOEING IJ·24'()3.doc) 11124/03 Page 6 3.1.5 Vehicular and pedestrian circulation that includes a hierarchy and general location of type , including arterials, pedestrian-oriented streets, other local roads and pedestrian pathways; 3.1.6 General location and size of public open space; and 3.1. 7 An economic benefit analysis demonstrating the conceptual development's anticipated economic impact to local, regionaIand state governments. 3.2 Conceptual Plan Approval Owner will submit the Conceptual Plan to the City Council for approval. The Council will base its approval on the proposed Conceptual Plan's fidfillment of the adopted Comprehensive Plan Vision and Policies for the Urban Center-North. 3.3 Subsequent Land Use Approvals Renton will evaluate all subsequent development permit applications within the Subdistricts based on consistency with the approved Conceptual Plan. The process ... for subsequent master plan and site plan approval is outlined in RMC 4-9-200. 3.4 Modifications to Approved Conceptual Plans 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative determination of the significance of the proposed modification. 3.4.2 Minor modifications to an approved Conceptual Plan may be approved administratively as long as the proposed modifications remain consistent with the spirit and intent of thy adopted Plan. 3.4.3 Ifit is determined that a proposed modification is inconsistent with the spirit and intent of the adopted Conceptual Plan, or if an entirely new . Conceptual Plan is proposed, City Council approval is required. 3.5 Subdistrict lA Conceptual Retail Plan Owner has produced a Subdistrict lA Conceptual Retail Plan. attached as Exhibit 5, that meets the requirements of Section 3, outlining proposed Redevelopment of Subdistrict IA. By adoption of this Agreement, the City Council . approves this plan as the Conceptual Plan for Subdistrict lAo 3.5.1 The Subdistrict lA Retail Conceptual Plan includes development of approximately 450,000 sq. ft. of large-and medium-format retail stores and [!BOEING Dev Ag=mcn11 H4-03.doeJ 1112411>3 Pagel approximately 110,000 sq. ft. of small retail shops, as well as potential locations for strUctured parking and upper story multi-family residential units or office uses. 3.5.2 An Economic Benefit Analysis for Subdistrict lA of the Redevelopment, attached as part of Exln"bit 5, demonstrates that the Subdistrict lA Retail Conceptual Plan, which is forecast to produce estimated revenues to Renton of approximately $1.2 million in one-time, construction related revenues and an . escalation to approximately $1.5 million in recurring annual revenues to support Subdistrict lA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict IA Retail Redevelopment subject to Section 4, below. 3.6 Additional Planning Applicable Owner acknowledges th8t additional site planning based on the requirements of the RMC will be required for potential Redevelopment within the Subdistricts. For example, should Subdistrict lA be further divided by short plat, lot boundary adjustment or otherwise, master planning and site planning for each parcel and . building site pursuant to RMC 4-9-200 would be required. 4. Infrastructure Required to Support Redevelopment Transportation and trunk: utilities anticipated to be necessm:y to support Redevelopment and the manner in which each will be funded and developed are discussed below. Exhibit 2 generally illustrates each segment of Arterial Roads. Exhibits 6A, 6B, 7. 7 A, 1B and 8 illustrate supporting trunk: utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.1 Transportation Improvements 4.1.1 Arterial Roads Required at Full Build Out The parties agree that the Arterial Roads diagrammed on Exhibit 2 and listed on Exhibit 9, will be necessary to support full redevelopment of the Renton Plant Site, including District 2, assuming an intensity of total site Redevelopment no greater than . Alternative 4 studied in the EIS. 4.1.2 Subdistrict lA Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10 as District I, Subdistrict IA roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict IA Redevelopment. [!BOEING 11-24.o3.oocJ III2'All PageS 4.1.3 Subdistrict IB Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10, with typical sections of the individual ArterialRoads shown in Exhibits lOA through lOE (hereinafter collectively referred to as Exhibit 10) as District 1, Subdistrict IB and listed by segment on Exhibit 9 are anticipated to be necessary for . full Subdistrict 1B Redevelopment. 4.1.4 Other Arterials The cost ofrequired improvements to arterial roads not addressed by this Agreement will be paid by property owners or developers benefited by the improvement based on a fair share allocation oftotal cost. 4.1.5 Arterial Road and Other Public Infrastructure Funding 4.1.5.1 Renton agrees to design and construct theArteriaI Roads and certain other elements of public infrastructure specified below at Renton's sole .. cost and expense; provided, that Renton will rely on revenues from sales tax on construction, increased sales tax from Redevelopment.improvements and the property tax and other revenueS generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement . 4.1.5.2 Renton will retain one-third (1/3) of the collected tax and other revenues generated by Redevelopment, and will set aside the remaining two- thirds (2/3) for infrastructure improvements anticipated in this Agreement as necessary to timely suppOrt Redevelopment within the Subdistricts. 4.1.5.3 Renton intends to utilize limited tax general obligation debt to fund Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.5.1. For example, $12,000,000 in bonds would require approximately $1,000,000 per year in debt service for a 20-year bond at 5% interest. Similarly, $7,500,000 in bonds would require approximately $625,000 per year in debt service and $4,000,000 in bonds would require approximately $333,000 in debt service. 4.1.5.4 Should tax revenues fall short of those necessary to timely install all infrastructure improvements required for a particular Redevelopment project, Renton may delay infrastructure construction until the tax revenue shortfall is remedied. [/BOEING Dev Agreement 11·24-03.doc] 11124103 Page 9 " 4.1.5.5 In the event of an infrastructure delay, Renton will immediately notifY Owner and (if Owner is a non-Boeing entity) Boeing of its need to delay and representatives of the parties will meet to discuss a cure, which may include (at Owner's or Boeing's option) the provision of alternative financing pursuant to Section 5 of this Agreement. 4.1.6 Arterial Rights or Way 4.1.6.1 Owner agrees to dedicate, at no cost to Renton. the land necessary for the rights of way described in Exhibit 2, at the time that land on which the rights of ways are located is sold; provided, that (a) Renton may request earlier dedication. which Owner may approve in its sole discretion, which approval shall not be unreasonably withheld, and (b) easements or license agreements will be provided by Renton to Boeing, as Boeing deems necessary, to allow continued operation of facilities within the right of way that support Renton Plant Operations. That is, the parties intend that, if approved, such early dedication would not result in additional cost to or dislocatiOn of Renton Plant Operations. 4.1.6.2 Should there be Owner buildings located in the rights of 'way, it shall be the responsibility of Owner to, at such time as the road needs to be constructed, and upon Renton's request, (a) demolish su~h buildings and (b) cap and abandon any underground facilities that would interfere with Renton's use of the dedicated property for right of way purposes. 4.1.6.3 Park Avenue is conStructed asymmetrically within the current right of way. Expansion of Park Avenue anticipates use of the existing road. Some additional rea1ignmentmay be necessary to connect Park Avenue to Logan. Owner will dedicate the necessary right of way to rea1ignPark Avenue to provide symmetrical right of way and as anticipated for expansion under Exhibit 2. Renton will vacate any excess right of way created by such realignment, at no expense to Owner. Should Owner have a building occupying property that would need to be , dedicated to Renton for right of way, then Owner shall grant the right of way, except for the portion occupied by the building. In such case Owner will reserve the right of way for Renton, and provide the dedication at no cost to Renton when the building is demolished. 4.1.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon' the approval of Boeing and Owner. [!BOEING 11-24-{)3,doc] 11124/{)3 Page 10 4.1.7 Design Fund and Timing 4.1.7.1 Renton agrees, within 30 days of the date of this Agreement, to earmark $1.5 million for funding of Arterial Road design and engineering ("Arterial Road Design Fund" or "Fund"). The Fund will be utilized, as needed, to ensure that design and engineering of the Arterial Roads occur in collaboration with Owner and sufficiently in advance of Redevelopment project construction to produce needed Arterial Roads in time to serve such Redevelopment. The parties agree that Renton shall begin the consultant selection process for design of Arterial Roads within 30 days of the date of this Agreement. 4.1.7.2 With respect to Subdistrict IA Arterial Roads, Renton will begin design. through its consultant, of the intersection of Park and Logan as the first task of the consultant selected pursuant to Section 4.1.7.1. This early design shall be completed as soon as reasonably possible for the pUIpOse of defining the location and extent of the needed right of way of the intersection of Park Avenue and Logan Avenue. Owner and Renton will consult on a right of way definition sufficient to permit Owner to establish its property lines for purposes of sale. 4.1.8 General Construction Timing Construction of aU or portions of Arterial Roads required for each increment of Redevelopment will occur based upon (a) need for that portion of the Arterial Road as demonstrated by a SEP A environmental checklist prepared for that increment of Redevelopment, a traffic study, or other documentation agreed to by the parties, and (b) a construction schedule established by Renton and approved by Owner·to ensure final completion of such Arterial Roads, for each increment of Redevelopment, prior to issuance of the first occupancy permit for that increment; provided, that if such Arterial Road Construction is not timely completed, Renton shall identifY and construct, at its cost, mutually acceptable interim access. 4.2 Intersections 4.2.1 On-Site Intersections The cost of On-Site Intersections will be paid by Renton according to the principles set forth in Section 4.1.5, except that Owner will pay (a) the cost ofleft tum lanes necessary to provjde access to Redevelopment and (b) that portion of the cost of the traffic signal necessruy to support left turn movements. [!BOEING 11-24-03.ooe] JJIl~3 Page ]J 4.2.2 Off-Site Intersections The cost of Off-Site Intersections will be paid jointly by the parties in shares proportionate to the amount of predicted traffic using the development and the amount Ofpredicted traffic that is general pass-through traffic. These traffic predictions will be made by use of a mutually acceptable traffic forecasting model. Owner's contribution will be proportionate to the percentage of the traffic trips using the development, and Renton's contribution will be proportionate to the percentage of the traffic trips that are general purpose pass through trips. 4.2.3 Boeing Trip Allocation Boeing agrees that it will allocate up to 1,500 of the "baseline trips" established by the 2002 Agreement for Redevelopment of District 1. It is understood that this Agreement is based upon reallocation of up to 1,500 trips in order to mitigate or minimire the need for additional transportation improvements. The method, timing and distribution of each trip shall be at Boeing's sole discretion. It: however, Boeing's reservation of all or a portion of the 1,500 trips results in the need for transportation improvements that would have been otherwise llDDecessaI}', Boeing will bear the cost 'of those improvements. 4.3 Interchanges The parties agree to collaborate on lobbying and other efforts to receive state and federal funding ofI-405 interchange improvements that benefit Redevelopment. 4.4 Local Roads Owner agrees to pay for all Local Roads required for Redevelopment. 4.5 Transportation Mitigation Fees Renton agrees that Renton transportation mitigation fees assessed as mitigation . for Redevelopment will be used to fund off-site improvements, required to support Redevelopment, in proportionate share of the cost of such improvements. Notwithstanding the foregoing, transportation impact fees shall not be devoted to On- Site Improvements or for site access improvements required by Redevelopment, such as left tum lanes on periphery streets. 4.6 Strander Agreement Transportation Mitigation Fee Credits The parties acknowledge that, at Boeing's sole discretion, all or a portion of the reserve account established by the Strander Agreement may be utilized to pay for , [!BOEINO 11·24~3,doc) 11/24/03 Page: 12 all or a portion of Boeing's transportation obligations associated with Redevelopment, except that such credit may not be applied to reduce Boeing's share of the On-Site Intersection improvements addressed by Section 4.2.1. 4.7 Water 4.7.1 Renton shall, according to the principles set forth in Section 4.1.5, install water lines to support redevelopment in coordination with the construction of Arterial Roads. 4.7.2 Water lines installed shall be consistent with the "Option 1" plan provided by Renton's Department of Planning, Building and Public Works, described on Exhibits 6A and 6B, attached . . 4.7.3 Owner and Renton will work together to create a water plan to . ensure provision of adequate routine (non-emergency) water and emergency water, including fire flow protection, to the Renton Plant Site, for continued Renton Plant Operations and for Redevelopment, including but not limited to an agreement that water for Renton Plant Operations will be of adequate pressure, quantitY, quality and . have required system redundancy. 4.8 Stormwater Conveyance Renton shall, according to the principles set forth in Section 4.1.5, install a storm water drainage and collection system to support Redevelopment, in coordination with the construction of Arterial Roads. The system to be installed is referred to as Option 1B in Exhibit 7, which anticipates reuse of a portion of the Boeing stormwater drainage and collection system The segment lengths, type ofimproveinent, n~ed . right of way, length oflaterals and estimated costs of these segments is set forth in Exhibit 7 A If all or a portion of Boeing's stormwater drainage and collection system is used, Boeing agrees to grant Renton an easement for maintenance, repair and replacement of that system and title to the stormwater drainage and collection system being used by Renton. 4.9 Sanitary Sewer 4.9.1 Renton shall, according to the principles set forth in Section 4.1.5, install sewer main lines to support redevelopment, in coordination with the construction of Arterial Roads. [!BOEING 11·24~1.doc) 11124103 Page 13 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton's Department of Public Works, described on Exhibit. 8, attached. 4.10 Franchise Utilities Provision for Franchise Utilities must be made, in conjunction with installation of the Arterial Roads. Franchise Utilities and Owner shall bear the cost of any out-of- pocket design costs, extra trenching, conduit. sleeves or other installations to provide for Franchise Utilities. Owner and Renton agree to reuse existing assets, ifboth parties agree that such reuse is feasible. 5. Alternative Financing 5.1 Triggering Events Should Renton be unable to timely fund public ~tructure improvements or should Owner or Boeing (if Owner is a non-Boeing entity) determine that it requires construction of all or a portion of public infrastructure for Redevelopment on a . schedule more expedited than this Agreement provides, then. subject to the provisions of Section 5.1 hereof; the parties hereto agree that, Owner or Boeing may choose. at its sole discretion, to provide alternative financing for all or a portion of public infrastructure by one of the following means: 5.2 Potential Alternative Financing Methods 5.2.1 Owner or Boeing or some other party may build all or a portion of the Arterial Roads and other infrastructure improvements described in Section 4 of this Agreement and sell all or any portion of the public infrastructure to Renton or other applicable governmental authority pursuant to a cOnditional sales con1ract. lease purchase or installment purchase arrangement or similar method, the effect of which . shall be to cause the lease or purchase payment obligation to qUalifY as a promise to pay within the meaning of Section 103 of the Internal Revenue Code ofl986, as amended. 5.2.2 Renton, or some other governmental authority, may issue revenue bonds if and to the extent that the property to be financed is to be included in a utility, system or similar enterprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. [/BOEING 11-24-Q3.doc) 11124JIJ) Page 14 5.2.3 Renton may issue such other or further debt or other obligations, including any tax increment obligations, which Renton is now or hereafter legally authorized to issue. . 5.2.4 To the extent that any alternative financing may be structured in a manner which will permit nationally recognized bond counsel to opine that the interest on any obligation is excludable from gross income of the holder of any obligation for federal income tax purposes, then Renton and Owner or Boeing covenant and agree to cooperate in good faith to structure the alternative financing in such manner. 5.3 Repayment 5.3.1 In the event that Owner or Boeing exercises its right of alternative financing pursuant to Section 5.1, the parties shall cooperate in good faith to enter into an agreement, pursuant to which the parties shall iden1i1Y any and all fees, user charges, revenues, taxes and other benefits which are expected to result directly or indirectly, either from the public infrastructure so constructed or acquired .. or from the transactions contemplated hereby, in order to determine the aggregate benefits to Renton and any other funds that Renton may obtain from other governmental authorities .. 5.3.2 The parties agree that they shall, to the maximum extent not prohibited by law, directly or in<iirectly allocate two-thirds (2/3) of such taxes, revenues and other benefits identified in 5.3.1, over time, to pay amounts due with respect to alternative financing. or to reimburse Renton or related governmental authority therefor. To the extent that such benefits are not permitted by law to be directly allocated to pay debt Service or similar obligations, the parties hereto agree that such benefits shall nonetheless be taken into account directly or indirectly in determining the total amounts of public resources which shall be allOcated to repay such costs, so that the net benefits resulting from the transactions and public infrastfucture are allocated or deemed allocated for such purposes, in a fair and equitable manner. It is further agreed that any costs of issuance of such public financings, any capitalized interest thereon or any similar fees and expenses shall, to the extent permitted by law, be included in the amount so financed and shall be similarly repaid. [IBOBNG 1I-24'{)3.doc] 11124103 Pagel5 6. Vesting 6.1 Site-Wide Vesting to Comprehensive Plan, Zoning Use Tables, and Site Plan Process for Term of Agreement Upon signing of this Agreement, the Renton Plant Site is vested through the term of this Agreement to the Comprehensive Plan and Zoning Use·tables, and Site Plan Process in place as of the date of this Agreement 6.2 Additional Vesting to Development Regulations and Design Guidelines at Time of Conceptnal Plan Approval 6.2.1 Generally Vesting to Developinent Regulations and Desigo Guidelines shall occur at tJie time of Conceptual Plan approval pursuant to Section 3.2 of this Agreement. Such vesting shall extend for three years from the date of Conceptual Plan approval for Subdistricts lA and lB, and extend for five years from the date of Conceptual Plan Approval for District 2 (''Conceptual Plan Vesting Period"). Development Regulations and Desigo Guidelines may be extended beyond the Conceptual Plan Vesting Period if a materially complete application for master plan approval, pursuant to RMC, for all or a portion of the Conceptual Plan area is submitted to Renton prior to the end of the Conceptual Plan Vesting Period, in which case such vesting shall be extended as to duration and area only for the master plan area according to the terms of the master plan approval. 6.2.2 Vesting to Development Regulations and Design Guidelines for Subdistrict 1A Conceptual Plan The Subdistrict lA Conceptual Retail Plan approved pursuant to Section 3.2 of this Agreement is hereby vested for three years as provided by Section 6.2.1. 6.2.3 Additional Time Necessary to Finalize Non-Retail Development Regulations and Design Guidelines The parties acknowledge that non-retail Development Regulations and Design Guidelines will not be in final form as of the date of this Agreement. Renton shall consult with Boeing as it finalizes such standards and guidelines and make best efforts to submit such non-retail Development Regulations and Desigo Guidelines to City Council for adoption, no later than Aprill, 2004. (!BOEING 11.;!4-03.doc] 11124,\)3 Page 16 6.2.4 Changes to Applicable Land Use Policies and Regulations During any vested period, should Renton amend its Land Use Policies and Regulations, Boeing may elect to have such amended Policies and Regulations apply to Redevelopment; provided, that the Development Services Director must agree to such election, which agreement shall not be unreasonably withheld. Notwithstanding the foregoing, Renton reserves the authority under RCW ·36.70B .170(4) to impose new or different regulations, to the extent required by the federal or state governments, or by a serious threat to public health and safety, such as changes or additions to the family of building and fire codes, as determined by the Renton City Council, after notice and an opportunity to be heard has been provided to Owner. 7. Additional Development Agreements May Be Nec~ary The parties agree that other development agreements, in addition to and following this Agreement, may be necessary to guide Redevelopment over time. That IS, should all or a portion ofDistrlct 2 be surplused, the parties anticipate that this Agreement would be supplemented by one or more additional development agreements, addressing issues such as open space, and new internal public and private road network and public fucilities. For example, the parties anticipate that construction of additional water, sanitary and stormwater utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated with the Arterial Roads discussed in Section 4, and which have been conceptually reviewed by Renton, as shown in Exhibits 6, 7 and 8, will be covered by future development agreements, and that the cost of such will generally be the responsibility of Owner. In addition, the parties anticipate that District 2 Redevelopment will include public and private open space amenities. Such amenities may include one or more contiguous parcels that provide recreational amenities and public access to Lake Washington, create view corridors to Lake Washington and Mount Rainier, and serve as focal points for Redevelopment. 8. Marketing Information Boeing will generally share with Renton marketing infonnation for Renton Plant Redevelopment efforts so that Renton will be informed about the marketing [!BOEING 11.24-03.docj 11124103 Page 17 CITY OF RENTON ~04~"~ ATTEST: By: Bonnie I. Walton· Its City Clerk ~~ City Attorney Co/eff 'Ii I k -.... '-..... "~\\ BY:' __ "4:nlhllillne>l"t-!em~mrlMin7U'llr----::;W~_-~--§:\"~iI?j',h\ Its: AuUulZed S1911010ry .f" &"eo:G-1ts~llrice President : •• -",VI' " STATEOFWASHlNGTON) f {~ ~ o} ~ . . . ) f..'ji'., .60..-0'" 0: " . J ss. ~ \"" ...... .1. ... ~.. t fJ ,'I'.lot.. ........... -COUNTY OF K.. joa ) ",,1-;-~~~""~.f . . . r II '''S'.,. ~ .E' . . On this ~ day of N()fm.b!~~ ........ '";""2003, before me, the undersigned, a Notary Public in and for the State fWashington, duly commissioned and sworn, personally appeared' to me known to be the person Who signed as of the ~.\he corporation that executed the . foregoing lMltu'M~"1m'if'~'ti\vledged said instrument to be the:free and voluntary act and deed of said corpOration for the uses and purposes therein mentioned, and on oath stated that $1 was duly elected, qualified and acting as said officer of the corporation, that 6b,') was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. [!BOEING Il·24'{)3.doc] I112W3 Page 19 process, and additionally, so that Renton can adequately respond to inquiries by prospective purchasers. 9. Potential Renegotiation Based upon changed or unforeseen circumstances, Renton or Boeing may request renegotiation of one or more of the provisions of this Agreement, which request shall not be unreasonably denied. 10. Termination ofMoratorinm Renton agrees that the Moratorium shall terminate or expire on December 2, 2003 or on the date that the Proposal takes effect, whichever occurs first. 11. .2002 Agreement This Agreement shall not be deemed to amend or supercede the 2002 Agreement, which remains in full force and effect. 12. . Recording This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 13. Suecessors and Assigns This Agreement shall bind and inure to the benefit of Owner and Renton and their successors in interest, and may be assigned to succeSsors in interest to all or a portion of the Renton Plant Si!e. 14. Connterparts This Agreement may be executed in counterparts, each of which shall be deemed an original. 15. Termination This Agreement shall terminate on December 31, 2020. AGREED this 1st day of [)utmtiJw ,2003. [!BOEING 11-24-1l3.doo] 11/24,\)3 Page 18 STATE OF WASHINGTON) . • J ) SS. COUNTI OF Net)) . On this '411>-day of bbo m.b IX-. 2003, before me, the undersigned, a Notary Public in and or the State of ashin~on. duly commissioned and sworn, personally appeared l.,. t.f\. to me known to be the person who signed as .. ofTIIE BOEING COMPANY, the corporation that executed the WI • and oregoing instrument, and acknowledged said instrument to be the free arid voluntary aCt and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that 6ht was duly elected, qualified and acting as said officer of the corporation. that $1 was anthorized to e~ecute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. . [!BOEING De. Agreement 11·24'()3.doc] (Print or stamp name ofNotruy) NOTARY PUBLIC in and f~ the State of Washington. residing at NllA!»&ttit>.. My appointment expires: ') ... q ... D\e j • lIaW3 Page 21 IN WTINESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. [!BOEING Dev Agr .... "" 11-24-1l3.doc] (Print or stamp name of Notary) NOTARY PUBLIC in and for the S,tate of Washington, residing at ~-tHe. My appointment expires: L bl""" 11124103 Pago20 .. ! • ,. EXHIBIT " 5 " BOEING'S CONCEPTUAL URBAN RETAIL PLAN Renton, Washington Submitted to the City of Renton November 17, 2003 EXHIBITC , Background CONCEPTUAL URBAN RETAIL PLAN Lot 3 and 10-50 Sites Renton, Washington The BOeing Company has been working wlth the Oty of Renton for more than a year In evaluating potential redevelopment strategies associated with Its 737 fadllty in Renton; Washington. Jbis Conceptual Plan lUustrates the. BoeIng eompany's.viSlon for the redevelopment of the first piece of the Renton Plant to be made available for- non-industrial uses. The Plan Indudes that portion of the property commonly referred to as the lot 3 and 10-50 sites, which have been determined to be non- essential to the ongolnll ;llrplane manufacturing actlvltles as Boeing completes It's -Move-to-ti1e-Lake" consolidation plan. . The Plan covers approximately 53 to 55 acres of gross land, of which approximately 8 acres are reserved for-the development of four new arterial streets that are esseIltial to the ultimate redevelopment of the entire 2s.o-acre campus. The. remaining 45 to 47 acres ·of land will be marketed to entities Interested In developing an Integrated retail ~nter on the site, consistent with this Conceptual Plan. Induded within this submittal are a narrative description of Boeing's proposal, a Conceptual Planning Diagram with supporting pedestrian· street sections, and an economic benefit analysis demonstrating a range of potential one-time and recurring revenues generated by the proposed development. Boeing seeks the Clty's approval of this Conceptual Plan so that Boeing can complete the necessary lot line adjustments and begin actively marketing the property to local, regional and natiOnal developers and users. The aerial on the following page highlights the location of the proposed retail site In relation to Boeing's remaining land holdings·and the surrounding North Renton neighborhood.' . conceptual Urban Retail Plan Boeing believes that high-quality retail development is essential to the successful transition of the area from Its Industrial roots to the Oty's vision for the Urban Center-North. A well-designed retail center will provide employment, diversify the economic base, offer a new source of munldpal revenue, i!lnd will attract other alternative and potentially higher and better uses to the surrounding area. The Conceptual Plan for the Lot 3 and 10-50 sltesi located on the following page, Illustrates the coh~lve redevelopment of the parcels Into an urban retail center. The Plan contalns.a mix orl.arge format.~~estinat)o~". ~1I~rll' I1)ld-slz~ fetlI.i1 ancilpl"S, aswell as small shop space concentrated along Parle Avenue, envisioned as the significant pedestrian-oriented street in the area. The Plan responds to the presence of the existing Fry's building on the property to the east of Garden Avenue, and antldpates that ultimate redevelopment of the northern portion of that site will relate· directly to the development occurring on BoeIng's property. The site Is bound 'by a combination of existing and new public roadways, which segregate the property Into four quadrants ranging between 6 and 19 acres In size. BoeIng Is seeking buyers for the 45-to 47-acre.property to undertalce a cohesive redevelopment. Generally, the large fonnatretall development (users with' footprjnts of 50,000 square feet and larger and building feature heights up to 45 feet . tall) Is planned to o<x:ur along 8"', Logan and Garden Avenues, facing Inward and . supported by well-organized parlclng areas Internal to the site. These destination retail uses will naturally locate themselves along the w!d~ portions of the property, with good freeway visibility, much II Ice the recently completed Fry's development on the eastern side of Garden Avenue. Medium format retailers (ranging between 10,000 and 50,000 square feet In area, . with building feature heights up to 40 feet tall) are assumed Inflil between the large format tenantsl with primary pedestrian entrances fadng Inward or directed toward Parle Avenue. Again, parldng Is assumed to be concentrated within each segment of the Site, to allow for potential 'second-generatlon" redevelopment at higher . densities, If achievable. The northwest quadrant of the property Is Identified as one potential location for a mld-to high-rise development, which could take !;lie form of a multi-level podium • parking structure, with multifamily residential or office uses above. This ultimate development could Initiate the truly urban vision for the area and, together with pedestrian scale treatments. at the comer of Parle and Logan, would identify this as the 'gateway" to the Urban-Center NOI:th. Small, specialty retail shops and amenities would be conCel)trated primarily along· Parle Avenue. The scale of development Is more Intimate here, with an eclectic .mlx of uses, architectural styles and gathering places. In some Instances, single story retail uses may be topped with one to three levels of aparbnents or professional office uses, all overiooldng Park Avenue and the activity along the street edge. Together, the large-and medium-format users total approximately 450,000 square feet of space; the smaller shop space totals approximately 110,000 square feet, or 20% of the center. .. -,- CONCEPTUAL URBAN RETA1L PLAN _of..-,... . _ .......... ---....,-IhOWll_ CONCEPTUAL PlANNING PlAGAAM FUllER· SEARS ARCHITECTS .. Hierarchy of Streets Key to the successful development of the property Is the reconfiguratlon and Improvement of Part: Avenue to serve as a critical pedestrian-oriented street in the project. To accommodate full redevelopment of the Renton Plant properties, the ultimate build out of Part: Avenue will need to allow for four travel lanes and a center turn lane, designed for vehicular travel up to 35 miles per hour. To support the vision for the development of an urban retail center In this location, a generous sidewalk with street trees and on-street parking for Part: Avenue is being proposed to enhance the environment In the public realm and encourage people to make Parle Avenue a pedestrian street. An illustrative street section for Park Avenue can be found on the following page. .. . . . . . . The other major nort~sOuth connection is Logan Avenue, which extends from 6U. Avenue to the south and joins Part: Avenue In the north. The construction of Logan, providing direct access to 1-405, will be an important alternative through connection to ensure Part: Avenue functions as a pedQ-trlan-orjen~ shopping street. At the outset of redevelopmennn the area, Logan is envisioned as a three-lane street, with one travel lane In each direction and a center-tum lane. Ultimately, Logan will . expand and function even more so as a higher-speed aiterial. The eas):-west arterial roadways, .10U. and su. Avenues, are less aitlcal to the successfiJl development of.the urban retail center, other than serving as access . points to the center off of Part: Avenue. Connections from lOU. and su. to Logan Avenue, If constructed, would be favorable,bUt the center would function as well with access only off of Parle, the existing leg of 8"' and Ga-rden Avenues. Urban Center-North V'lSion and Policies This proPosed Conceptual Urban Retail Pian meets many of the Oty's vision and policy statements for the Urban Center-North, which call for -retalllnte9rated Into pedest:rilln-oriented shopping !llstrlcts' and recognizes that: • At the beginning of this trailsltion, uses such as retail_may be viable withoUt the office and resldentlal components that ultimately will contribute to the urban character of the district." The City's vision plans for the transition of the area over a 30-year hoiizon lind antldpates that redevelopment will need to address' the potentl!!1 for future Inflll to allow areas to further grow to u~n densities. This site Is located within District 1, where the my identifies its first objective as follows: "Create a major commerdal/retaii district developed with ~ that add slgf.llfi!;antly to Renton's retail tax base, provide additional employment opportunities within the Oty, attract businesses that serve a broad mart:et area and act as a gathering place within the community.' Boeing's Conceptual Urban Retail Plan seeks to both allow for the near-term redevelopment of Boeing's underutllized assets while advocating for a mix of uses that Improves the aty's tax and employment base. As Is Illustrated within the attached economic benefit analysis, more than 1,300 jobs would be created in the Oty of Renton by a redevelopment of this scale. The aty would collect more than $1.2 million in one-time revenues during development and the City would receive over $1.5 mlilion in annually recuning tax revenues at full build out. :-' .. .•.. .\ --.;- ,'-" -. -'. .. . --:-.;.-...... ~ . . . -.. ~ :.' .; .-'" .. .'\ ... "" . '. t._ . . " '. -... " , . .~.~ , ," SUmmaJ'Y Boeing believes that its Conceptual Urban RetaU Plan Illustrates the optimal development plan for this 45 to 47 acres of land In North Renton. The Plan offers the opportunity to conbibute to the transition of the area from a primarily Industrial neighborhood to a higher Intensity and range of viable uses, providing both jobs and a Significant source of new revenue to support the Clty's objectives for the area. . -'-.... The Landing: Site Plan Review Aclditional Submittal May 18'", 2006 ii. J\lid-blork connections are desirable Jp/:;ere a strong linkage between uses can be established. iil~ Fences} with the exception rif cbain lh;k/ences, mq)' be allowed when appropriate to the situation. c. Guidelines Applicable to District 'C Only: i. Through-block connections should be made between buildings, betJnen streets} and to connect sidewalks with public spaces. Preferred localion for Ihrough-bkiCk connections is mid-block (see illustration, subsection G4e of this Section). The project meets this guideline. ii. Between buildings of up to and including two (2) stories in height, through-block connections should be at least six feet (6,) in width. The project meets this guideline. Not applicable. Noted. iii. Between buildings three (3) slories in heighl or greater, through-block connections should be at least twelve feet (12') in Width. iv. Transit stops should be located along designated transit routes a maximum of one-quarter (0.25) mile apart. v. As an alternative to some of the requIred street trees, deoelopmenff may provide pedestrian-scaled light fixtures at appropriate spacing and no taller than fourteen feet (14') in height. No leu than one tree or light fixture per sixty (60) lineal feet of the required walkway should be prooided 3. Pedestrian Amenities: a. Minimum Standards for District 'C': i. On designated pedestrian-oriented streets, provide pedestrian overhead weather protection in the form of =ings, marquees, canopies, or building overhangs. These elements shall be a minimum of four and one-ha!f feet (4-1/2,) wide along at least sevenIJ-jive percent (75%) of the length of the buildingfacade facing the designated pedestrian-oriented street, a maximum height of fifteen feet (15) above the ground elevation, and no lower than eight feet (8') above ground level. The project meets this standard. Along pedestrian-oriented streets, awnings, marquees, canopies and building overhangs extend for at least 75% or the ra~ade and are a maXlmum nelght of 15' above the ground and no lower than 8' above the ground. ii. Site furniture provided in public spaces shall be made of durable, vandal-and weather-resistant materials that do not retain rainwater and can be reasonablY maintained over an extended period oj time. The project meets this standard. The site furniture provided in the public spaces is durable, resistant to weather and vandalism, and can be reasonably maintained for an extended period of time. EXHIBITD 27 , Octo her 18, 2004 Committee of the Whole EDNSP: South Lake Washington Conceptual Plan \~ Renton City Council Mi Page 360 • 2003-M-02 (holdover) -City of Renton applicant; King County Public Health Department property (NE 4th St.) redesignation from Center Institution to Employment Area-Commercial with concurrent CA zoning. • 2003-M-03 (holdover) -City of Renton applicant; (continue to 2005 amendment cycle). • 2003-M-07 (holdover) -City of Renton applicant; 1) Rezone properties currently in R-5 zone to R-4. 2) Eliminate the R-5 zone. 3) Provide a change in the new R-4 zone to alI ow properties developed with R-5 and R-8 lot size and setbacks to remain conforming. 4) Redesignate certain properties in Residential Single Family to Residential Low Density, except land in Honey Creek Annexation. • 2003-M-ll (holdover) -JDA Group applicant; (continue to 2005 amendment cycle). • 2003-T -03 (holdover) -The Boeing Company applicant; (withdrawn). • 2004-M-Ol -Troy Jones applicant; (denied). • 2004-M-02 -Sunset Heights Retirement applicant; (denied). • 2004-M-03 -AnMarCo applicant; (denied). • 2004-M-04 -City of Renton applicant; Redesignate Autornall District to new Commercial Corridor, and expand Automall Area B. • 2004-M-05 -City of Renton applicant; 1) Center Suburban/Center Neighborhood to Corridor Commercial with CA zoning. 2) Eliminate three suffixes in the Multi-family zone; Rezone all properties in RM-C, RM-N, and RM-J into RMF; Allow the former RM-N residential density to increase from 15 to 20 dwelling units per acre, and increase the height from 30 to 35 feet. 3) Residential Planned Neighborhood and Residential Options to be combined into Residential Medium Density zoning to remain as is -R-14 and R -10. 4) Eliminate Center Institution land use designation and policies; Redesignate properties to Commercial Corridor and Employment Area-Industrial. 5) Center Commercial to Neighborhood Commercial. • 2004-M-06 -Rod Handly applicant; Redesignate four parcels in SW Sunset Blvd. area as Commercial Neighborhood with concurrent CN zoning. The Committee further recommended adoption of the related ordinance approving amendments to Title IV (Development Regulations) of City Code. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 361 for ordinances.) Council President Persson presented a Committee of the Whole report regarding the South Lake Washington Conceptual Development Plan. The Committee recommended concurrence with the staff recommendation to adopt the conceptual plan proposed by Center Oak Properties for the redevelopment of 46 acres of surplus Boeing property located in the South Lake Washington area. The envisioned retail center at a range of densities portrays a vision that will begin the transition of this historiealIy industrial area to a vibrant urban village. The resulting development will have positive economic and social impacts for the City as a whole. As outlined in the 2003 development agreement with The Boeing Company, all subsequent land use applications EXHIBITE , I OctoJer 18, 2004 RESOLUTIONS AND ORDINANCES Resolution #3722 Plat: Clover Creek No.2, Park Ave N & N 27th Ct, FP-04- 116 Annexation: Johnson, l42nd Ave SE Annexation: Johnson, R-8 Zoning Planning: 2004 Comp Plan Update Planning: 2004 Comp Plan Update Implementation, Development Regulations Amendments Planning: 2004 Update of Zoning Map Renton City Council Mi Page 361 related to this property will be checked against the Conceptual Plan document for consistency prior to approval. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read approving the Clover Creek No.2 Final Plat; approximately 4.39 acres located in the vicinity of Park Ave. N. and N. 27th Ct. (FP-04-116). MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for ftrst reading and referred to the Council meeting of 10/25/2004 for second and final reading: An ordinance waS read annexing approximately 18.24 acres located south of the centerline of SE l18th St., if extended, and east of the western edge of the l42nd Ave. SE right-of-way (Johnson Annexation). MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/25/2004. CARRIED. An ordinance was read establishing the zoning classification of property located east of l42nd Ave. SE and west of 144th Ave. SE, if extended, and south of the midpoint of SE 118th St., if extended, to the southern edge of the Bigelow property, approximately 135 feet south of SE 121st SI. from R-4 (Urban Residential -four dwelling units per acre; King County zoning) to R-8 (Residential-eight dwelling units per acre); Johnson Annexation. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/2512004. CARRIED. An ordinance waS read amending the Comprehensive Plan to comply with the mandated 2004 Slale Growth Management Act review and update, and adopting Comprehensive Plan text, maps, and data in conjunction therewith. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/2512004. CARRIED. An ordinance was read amending Chapter 4-2, Land Use Districts, Chapter 4-3, Environmental Regulations and Special Districts, Chapter 4-4, Property Development Standards, Chapter 4-6, Street & Utility Standards, Chapter 4-7, Subdivision Regulations, Chapter 4-8, Permits -General and Appeals, Chapter 4-9, Permits -Specific, and Chapter 4-11, Definitions; of Title IV (Development Regulations) of City Code to implement the 2004 State Growth Management Act update to the Comprehensive Plan. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10125/2004. CARRIED. An ordinance was read adopting the Citywide zoning map amendments to the zoning classifications of properties located within the City of Renton, and identified as part of the 2004 State Growth Management Act mandated update of the Comprehensive Plan. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/2512004. CARRIED. , COMMITTEE OF THE WHOLE COMMITTEE REPORT October 18, 2004 South Lake Washington Conceptual Plan (Referred October II, 2004) Date /0-/;-0 '-I The Committee of the Whole recommends concurrence with the staff recommendation to adopt the Conceptual Plan proposed by Center Oak Properties for the redevelopment of 46- acres of surplus Boeing property in the South Lake Washington area. The envisioned retail center at a range of densities portrays a vision that will ~egin the transition of this historically industrial area to a vibrant urban village. The resulting development will have positive economic and social impacts for the City as a whole. As outlined in the 2003 Development Agreement with The Boeing Company, all subsequent land use applications related to this property will be checked against the Conceptual Plan document for consistency prior to approval. Don Persson, Council President cc: A lex Pietsch Gregg Zimmerman Neil Watts Jennifer Henning Jason Jordan Center Oak Conceptual Plan.doc\ rev 01/02 bh DATE: TO: VIA: FROM: SUBJECT: ISSUE: CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM October 4, 2004 Don Persson, President City Council Members {.. &~Mayor Kathy Keolker-Wheeler Alex Pietsch, Administrator ~ Economic Development, Neighborhoods, and Strategic Planning Department SOUTH LAKE WASIDNGTON REDEVELOPMENT APPROVALS The City Council is asked to approve a new Conceptual Plan for the 46-acre surplus Boeing property in South Lake Washington and, subsequently, review and approve a Planned Action for the proposed lifestyle retail center proposed by the developer, Center Oak Properties. RECOMMENDATION: • Approve the proposed Conceptual Plan and Planned Action. • Schedule a public hearing for review of the Planned Action to be held October 25, 2004. BACKGROUND SUMMARY: In December 2003, the City Council adopted a development agreement with The Boeing Company which requires approval of a conceptual plan prior to sale of any surplus property that may be made available at its manufacturing facility in the South Lake Washington area. The conceptual plan will be used as the basis for all future land use approvals for each property. As a part of the adopted development agreement, the Council approved a conceptual plan for redevelopment of 46-acres of property described as Subdistrict IA. However, Boeing has recently selected a developer for this property, Center Oak Properties of Gresham, OR. The EXIDBITF October 4, 2004 Page 2 proposed Center Oak development project differs from the originally adopted conceptual plan and Council review and approval is required. Additionally, Center Oak is requesting adoption of a Planned Action for its project. Under SEPA, local jurisdictions are allowed to adopt a planned action if an Environmental Impact Statement (EIS) has or will be completed. As a result, designating a planned action shifts environmental review of a project from the time a permit application is made to an earlier phase in the planning process. In designating a planned action, projects are not required to undergo additional SEPA/public notice requirements at the master and site plan review stage(s), nor are there opportunities for project specific SEPA appeals. Since an EIS was completed for the entire Boeing Renton Plant, sufficient environmental review has already occurred, and a Planned Action can be adopted subsequent to the adoption of the Conceptual Plan. CONCLUSION: Center Oak's proposed Conceptual Plan is a significant improvement over that which was originally adopted in the 2003 Development Agreement. Approving this Conceptual Plan will provide the City with certainty related to key factors related to the proposed development (e.g. square footage, road network, mix of uses, etc). Further, approval ofa Planned Action at this stage will eliminate unnecessary process and time as significant environmental review has already been conducted on this site. cc: Jay Covington Gregg Zimmerman Neil Watts Jason Jordan TH DATE: TO: CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM October 14, 2004 Don Persson, President City Council Members CITY OF RENTON OCT I 3 2004 RECEIVED CITY CLERKS OFFICE FROM: CC: SUBJECT: Alex Pietsch, Administrator 1\...11 P Economic Development, Neighbo'rho~ds. and Strategic Planning Department Mayor Kathy Keolker-Wheeler Jay Covington, CAO LAKESHORE LANDING CONCEPTUAL PLAN Please find the attached letter and associated materials that will serve as Center Oak Properties' revised Conceptual Plan submittal for your consideration. As the letter explains, Center Oak is proposing that Council re-adopt the Conceptual Plan already established in the December 2003 Development Agreement with The Boeing Company. However, Center Oak asks that that plan serve as the minimum amount of allowable development and that a higher density project (800,000 SF) developed under the same provisions be approved as the maximum scale development without further review. Additionally, Center Oak pledges to design its project consistent with the revised Urban Center Design Guidelines that are currently before you and anticipated to be adopted shortly. By adopting this augmented plan, the City Council will provide Center Oak with a set of parameters within which it can develop its project while maintaining a high minimum level of development and ensuring high quality design. Attachment cc: Bonnie Walton. Ciqr Clerk Gregg Zimmerman Neil Watts Jennifer Henning Iason Jordan EXHIBITG O"t 13 0"1, 03: 3"1p le/11/2ee~ 15:18 October 13.2004 . !:1&'Assoc. AI« Pietsch, J\dminiStn:ltOf D<partmcn! of Eoonomic Development /'Icighbothood, 6< Str.tegic PI>nntng CIty 0 f Renton lOSS SoUtll Grady Way Renton. W",hinglon 98055 CENTER OAK RE: LAKESHORE LANDING CONCll'TUAL PLAN ~.! Alex', 50 ~22-767S :R1.. ,p.2 PAGE 02/e2 As you 10:101>'. Center OAk Properties bos l>een selected 1»' The Boeing Company .s the buyer/developer for irs 46-8<re surplus property in the South Lake Washington area. On behalf of Center Oak Proper1lcs. I am requesting ",-adoption ond .mendment of.h. Conceptual PI." .dopted by the Ren.on C;ty Council in tIS development ,,"eement with The Roeing Company da.ed December 1. 2003. The development agrtcment requires that ~igTli(jcant changes to the Conceptual 'Plan be: reviewed and adopted by the Renton City CounCtl. Wel>elievc our project. which h.s been ~jven the working nome of I.a.kcshorc Landing. Wlil be con'istent with the thre,hold< ",cclhed in the curren! plan, Howev ..... hc pot""ti.1 e.islS and i' i, our goal 10 develop 3 projecl Wl,h h\gj,« den$ity-8s much as 800.000 square fect of reutl."d t1Itettn;nment space. Thi, I.rget' project would be developed consist ... t WIth !hc adopled pIAn in evcry ""Y CllCepllhC ov",all square footoge. We have provi4«l. det.iled ecooomic bt:nefit .~.ly';. t. dcmollS",.te lhe revenue implicallons oftni, level of development We 15k that the Council CDn9,de' 'he adoptod conccprual plan os the "minimum" and the more den~e project a.<!be "maximum" that would l>e allowed withoUt furth"'1'C"lcw. Additionally. high·qu~lity desi~ WIll be .n importnn! pon of our project. We wHl de.ign the development (regardle .. ohe.lt) """sistonl with Ih. ,.,vised Urban Center Dcll?' GuidelineJ currently being c:on,idcred and expecl<d to be adopted by the City Council before the md of the year. Cent~r Onk is e;xcitr:d (0 be worlcin~ 'WIth the CIty flrRenton on thY!; tremendous de"clopment oppommiry. W. look fOl'W.rd to cstablishins. strong lelation,hlp with you and the city staff. To,elhcr. we ore confIdent IhO! Wc "l.IIlnn~form the SCUUI La •• W",hin~ton ..... in t1) a vibrant Ilfb>n district Mchorcd by an .. e<ption'lli~tyle rCUlil development. Sincerely. 649 NW 12m SHeel .. GrC!r::~rn. OR 97030 503,1\"6,'233 • F., SO~,66G,"04 W"",W cOr"l!crQClk,col11 Lakeshore Landing Plan F -800,000 sf As of October 12, 2004 CITY OF RENTON ECONOMIC BENEFITS Retail Redevelopment on Part of Boeing's Renton Plant Site Economic benefits to the City of Renton of redeveloping 46 acres of the Boeing Renton Washington plant site follow. Derivation of these benefit estimates is based upon a set of realistic assumptions that correspond to development of 800,000 square feet of retail space consisting of 123,000 square feet of retail big box anchor, 82,500 square feet of movie theater, 32,000 square feet of speCialty grocery store, and 562,500 square feet of retail specialty shop space. • At full absorption of the above 800,000 square feet of retail space on a redeveloped portion of the Boeing Renton plant, it is estimated that 5,135 permanent jobs would be created throughout the region. • Of this total, a projected 2,646 direct jobs would be created at the targeted 46-acre Boeing Renton site plus 622 additional indirect jobs within the City of Renton, assuming a 25% capture rate. • It is estimated that these 3,268 direct and indirect jobs would generate an additional $106.1 million in recurring annual income earned in the City once full occupancy of this new retail space occurs at the Boeing Renton plant site. • The corresponding increase in property values by redeveloping this 46-acre portion of the Renton Boeing site into retail uses is forecast to total nearly $101 million upon completion and stabilization in 2009. • The increase in direct annually recurring tax revenues to the City of Renton at full build out is estimated at over $3.1 million by 2009. • This is in addition to over $0.9 million in one-time City revenues collected during land redevelopment and construction of 800,000 square feet of retail space on a part of the Boeing Renton plant site during the 2004-2008 period. Lakeshore Landing BOOK.doc Lakeshore landing Plan F increased to 800,000 sf Renton, Washington As of October 12, 2004 Washington State RecurrinQ Reyenues Property Tax Sales Tax Business & Occupations Tax Real Estate Transfer TOTAL Regional Transit Authority Recurri Revenues Sales Tax King County· General Fund RecurrinQ Revenues Property Tax Sales Tax Business & Occupations Tax Real Estate Transfer TOTAL City of Renton RecurrinQ Revenues Property Tax Sales Tax Business & Occupations Tax Real Estate Transfer Employee Head Tax Admissions Tax TOTAL Washington State One TIme Revenues Sales Tax Business & Occupations Tax Real Estate Transfer TOTAL IKing County. Other Funds IRecurring Revenues LSales Tax King County· General Fund One Time Revenues Sales Tax Business & Occupations Tax Real Estate Transfer TOTAL City of Renton One TIme Revenues Sales Tax Business & Occupations Tax Real Estate Transfer TOTAL I 2009 Tax Base 100,612,299 273.B24.125 273,B24,125 - 648,260,549 2009 Tax Base 273,824,125 2009 Tax Base 1 ()(),612,299 273,824,125 - - 374,436,424 2009 Tax Base 100.612,299 273.824,125 -- 2,646 6,789,760 381.228,830 2005-06 Tax Base 98.981,820 103.881,820 38,465.430 241,329,070 2005-06 Tax Base 98,981.620 200~6 Tax Base 98.981,820 - - 98,981.820 2005-06 Tax Base 96,981,820 - 36,465,430 137,447,250 2004 2009 Tax Rate Revenues 0.2757% 277,388 6.467% 17,708,206 0.4710% 1.289,712 1.2800% - 19,275.306 2004 200'9 Tax Rate Revenues 0.14315% 144,027 0.1500% 410,736 0.0000% - 0.0000% - 554,763 2004 2009 Tax Rate Revenues 0.32434% 326,326 0.8500% 2,327,505 0.0000% - 0.5000% 55.00 145,521 5.00% 339.488 3,138,840 2004 Tax Rate Leakaoe 6.467% 10% 0.471% 10% 1.280% 2004 I Tax Rate 0.4000% I 10%1 2004 Tax Rate Leakaoe 0.15% 10% 0.0000% 10% 0.000% 2004 Tax Rate Leakage 0.850% 10% 0.0000% 10% 0.50% Lakeshore Landing Plan F Alt Rev 2 Sum. xis SOOK Printed 10/1212004 3:49 PM 2005-06 Revenues 5,761,039 440,355 492.358 6,693,751 2005-06 Revenues 356,335 2005-06 Revenues 133,625 . . 133,625 2005-06 Revenues 757.211 - 192,327 949,538 Per City Revenues 237,587 9,356.669 677,999 84,475 10.356,730 PerCify Revenues 95,695 --. 95,695 Per Ci1y Revenues Per City Revenues 221,087 1,223,564 - 32.998 76,912 - 1,554,561 Per Cily Revenues 4,355.954 350,710 1.626,442 6.333,106 Per City Revenues - Per City Revenues 100,522 -. 100.522 Per City Revenues Difference 39.801 8,351.537 611,713 (84,475 8,918.576 Difference 48.332 410,736 -. 459,068 Difference 2.554,779 Difference 105.239 1,103,941 - (32,998) 68.609 339.488 1,584,279 Difference 1,405.085 89,645 (1,134,084 360,645 Difference 356,335 Difference 33,103 -. 33,103 Center Oak Properties. LLC Lakeshore landing Plan F Increased to 800.000 sf Renton, Washington As of October 12, 2004 Economic Analysis ProJect Aprll-04 2007 2009 2009 Less $ales SF per llckets Price per Land + Sitewon.; + Building Value Assessment Stabilized Maximum StabltlZed Stabilized City Ptan 19 Revenue SF pSf Employee Sold Unit New Old Increment Level Rallo Tax Base Tax Rate Revenue Revenue Assump mlon .. ,,, ............ ... ,~" . ., .. , ........... "",''''','''''''' ...... ,359.014 0,32434% 286,584 304,037 221.087 105,239 6.862.000 Ma2.000 94.4% 6,477.728 0,32434% 21,010 22.289 123,000 ,90 47,970,000 0.850% 407,745 432.577 1,223.564 1,103,941 sares Tax • Theater 82,500 ,0, 8,332.500 0,850% 70,826 75,140 Sales Tax· Grocery 32,000 ,54 4,928,000 0,850% 41,88a 44,4'39 Sales T8x, Specially 562.500 'SO 196,675,000 0,650% 1.67'3,4'38 1,775,350 8&OT8x 0,00% Real Estate TranSfer Tax O.SO% '32,998 (32,998) Employee Head Tax -Anchor 123,000 600 20. 55,00 11,275 11.275 76,912 68,609 Employee Head Tax -Theater 82,500 600 ". 55,00 7,563 1.563 Employee Heed Tax -Grocery 32.000 600 " 55,00 2,933 2.933 Employee Heed Tax -Specialty 562,500 250 2,250 55,00 123,750 123,750 Admissions Tax 600,000 .,00 6,400,000 5,00% 320,000 339,488 339,48a Tolal· City 2.967,011 __ 3,138,840 1,554,561_ 1,5!!4,279 King Counll:: Property Tax 132.209,250 31,746,600 100,462.650 94.40/. 94,836,742 0.14315% 135,759 144,027 95,695 48,332 Sales Tax· Transfer from CIty 258,105,500 0.150% 387,158 410,736 410,736 Sales Tax· Baseball 258.105,500 0.017% 43.678 48,550 46,550 Sales Tax· Football 258,105,500 0.016% 41,297 43,8t2 43,812 Sates Tax· King Metro Bus 258,105,500 0.600% 1,548,633 1,642,945 1,642,945 Sales Tax· Criminal Justice 256,105,500 0,100% 258,106 273,624 273,824 Sales Tax' Transfl & TraffiC 258,105,500 0.200% 516,211 547,648 547,648 B & 0 Tax 0,00% Real Estate Transfer Tax 0,000% Total· County 2,931,041 3,109,542 95,695 3,013,B47 Ooes not Indude the i!XIl1II 0,50% sales tax assessed on food and beverage sales assessed by the County lor baseball Reglonal Transit Autho!!!:t sales T8JC 258,105,500 0.400% 1,O~2,422 _ 1,095,296 1,095,296 Washlna!0n Slate Property Tax· Schools 132,209,250 31.748,600 100,462,650 94,4% 94.838,742 0,27570% 281,465 277,38a 237,587 39,601 Salas Tax 258.105,500 6.467% 16,691,683 17,708,208 9,356.669 8.351,537 BA 0 Tax Retailing 258,105,500 0,471% 1,215.677 1,289,712 677 ,999 611,113 Real Estate Transfer Tax 1,28% 84,475 (84,475) Total· Stale 18,1~4 19,215,306 10,356,730 8,916,576 Lakeshore Landlog Plan F Alt Rev 2 Detail Sum,xls BOOK PrInted 1011312004 12:46 PM Center Oak Properties, LLC Lakeshore landing Plan F Incroased to 800,000 sf Renton, Washington As of October 12, 2004 Sales Til)( Leakage 8& 0 T8)1. Real Estate Transfer Tax Total-City King County Sales Tax -Transfer from Cify Sales Tax Leakage Sales Tax -Baseball Sales Tax Leakage Sales Tax· FOO1bal1 Sales Til)( leakage Sales Tax -KIng Metro Bus Sales Tax leakage Sales Til)(' Cr1mlnal Justice Sales Tax leakage Sal~ Tax' T ranlit & Traffic Sales Tax Leakage B & 0 Tax Real Estale Transfer Tax Tolal-County Regional TrnnsltAut!lOri!Y Sales Tax Sates Tax. leakage Washington State sales Tax Sales Tax Leakage 8&OT8x 8 & 0 T8J\ Leakage Total-RTA Real Estate Transfer Tax Total -State lakeshOfe landing Plan F Alt Rev 2 DeI2lI1 Sum.xls BOOK Printed 1011312004 12:46 PM Economic Analysis Aplil-04 OneTime M.,_m 98,981,820 0.850"1. 10.00% 103,881,820 0,00% 38,465,430 0.50% 98,981,820 0.15% 10.00% 98,981,820 0.017% 10.00% 98,981,820 0.016% 10.00% 98,981,820 0.600% 10.00% 98,981,820 0.100% 10.00% 98,9131,820 0.200% 10.00% 103,8Bl,820 0.00% 38,465.430 0.000/, 98,981.820 0.400% 10.00% 98,ge1,B20 6.467% 10.00% 103,881,820 0.471% 10.000% 36,465,430 1.28% Project 2005-06 2002 less OneTime Clly Plan ptlons Difference 641,345 569,625 187,586 (54,135) 192,327 635,328 14 '13,001 1 949,538 1,2041953 1255.4151 148,473 100,522 33,103 (14,547) 16,827 15,144 (1,683) 15,837 14,253 (1,584) 593,891 534,502 (59,J89) 98,982 89,084 (9,898) 197.954 178.167 (19,796) %4~ 100,522 864,254 395,927 356,335 Jg:,593) ~ 356,335 6,401,154 4,355,954 1.405,065 (640,115) 489,283 350,710 89,&45 (48,928) 492,356 8,693,751 1,626,442 6,333,106 11,134,0841 1,073,315 Center Oak Properties, LLC Lakeshore Landing Plan F Increased to 800,000 sf Renton, Washington A. of October 12, 2004 inlormition-souresi-iilCiNOtes! -1 saieiisx 2 Real Estate Transfer Tax 3 Property Tax 4 Sales per sf WaShington Depi of Revenue; local SalE!stax: per City or-Renton Washington Dept of Revenue, Clly of Rentoo, King County City of Renton and King County Professional Judgment based upon demographics and potential tenants Economic Analysis Theater sales per sf '" 1,300,000 ticket! sold per year times S6.oo. This total then Increased by 30% 10 pick up concession sales Grocery store sales_ $500 sftimesWA statewide milo of taxable sales at grocery stores (30.78%); raUofrom Washington Oeptof Revenue 5 SF per empIO)'1!e Real Eslale Economics Study for Boelng slle furnished by City of Renton 6 Land, BuUdlng Shell, Tenant Improvements. and Slieworlr: at cost· basis fOr property tal{ 7 Building Shell, Tenant Improvements, Slteworl<, and Offslte WoriI; at cost z basis for sales tal{ & B&O tax.: 8&0 lax adds Design & Construction Admin 10 18Jt baSEl 6 Landlord does nol pay sales lax on Tenant Improvements. rather the tenants' costs are reimbursed. These cosls are Included In this analysis because the tenant pays sales tax 10 the enllties. 9 landlord does not pay sales tax on Off Site Worf( as this worn Is resold. These costs are Indude<! In this analysis because the buyerof the Offslte work pays sales tax to the governmental entitles. 10 Cost to construct pad to ba paid by ground lessee at same cost per sf as landlord'S cost per sl: induded In this analysis b@CauselS){will be paid to the govemmental entilies. 11 Property taxes per this analysis are dlfferentlrom property taxes per development C09ts as otner iur1sdlctlooa also levy property tal<e'lJ that are not Included above. These Jurisdictions are fisted below. Furthermore, development costs only Indude capitalized property taxes • year 1 on bare land, yaar 2 al 150% of year 1. 12 Key differences between \nis analysis and that performed for the City in 2002: • b , d Tax rates nave changed; the rates In this analysis are current as of October 12, 2004 . King County portion of sale;S tax appears to have been miscalculated In 2002: In Washington the sales tax base Is the same for state, county, and city purposes. There Is no real estale transter lax to recumng revenue as no real estate 15 sold on a recurring basis. There is no real "late IllInsfer tax In one time revenues on the cost of the building and Improvements unlll the project Is ultimately sold by the developer In a future period. AI that time tne terminal real estate transfer IS){ will be based on the sales price of the project: not on the cost to develop the project. 13 Sales tax and B & 0 Tax leakage due to con~tructlon by oul-of·town contractors and supplier.; 14 Increase from 2007 \0 2009 Is 3% per year'" 6.09% compounded 15 This analysis omits Ihe 0.5% sales tax on food and beverages that IS transferred to the Counly for the public sports authority 16 Components of sales tax rate, per City 01 Renton Revenue Manual Slate of Washington 6.467% State Baseball 0_017% County Football 0.016% County City of Renton 0.650% City King County General Fund 0.150% County Klog County Metro 0.600% County Criminal Justice 0.100% County Transit and Traffic Congestion 0.200% County Regional Transit Authority 0.400% RTA Total Gave up 0.033% to baseball and football Bonds for stadium Transfer to public sports authority Levies 1.0% and transfers 0.150/, to County Funds buS service levied by City: transferred to COunty Prop #1 Rail transit lakeshOl1lundlngPtanFAItRev20etailSum.xls 600K Printed 1011312004 12:46PM Center Oak Properties, LlC , . EXHIBIT" 5 " BOEING'S CONCEPTUAL URBAN RETAIL PLAN Renton r Washington Submitted to the City of Renton November 17, 2003 Background CONCEPTUAL URBAN RETAIL PLAN Lot 3 and 10-50 Sites Renton, Washington The BOeing Company has been working with the Oty of Renton for more than a year In evaluating potential redevelopment strategies associated with Its 737 fadlity In Renton, Washington. This Conceptual Plan Illustrates the. BoeIng COmpaoy's.Nislon for the redevelopment of the first piece of the Renton Plant to be made avallable for non-Industrial uses. The Plan Indudes that portion of the property commonly referred to as the Lot 3 and 10-50 sites, which have been determined to be non- essential to the ongoing ,lIrplane manufacturing activities as Boeing completes It's 'Move-to-the-Lake-consolidation plan. . The Plan covers approximately 53 to S5 acres of gross land, of which approximately 8 acres are reserved for the development of four new arterial streets that are essential to the ultimate redevelopment of the entire 28.G-acre campus. The. remaining 45 to 47 acres ·of land will be mar1<eted to entitles Interested In developlng an Integrated retail center on the site, consistent with this Conceptual Plan. lnduded within this submittal are a narrative desoiptlon of BoeIng's proposal, a Conoeptual PlannlAQ Diagram with supporting pedestrian street sections, and an economic benefit analysis demonstrating a range of potential one-time and recurring revenues generated by the proposed development. BoeIng seeIcs the City's approva I of this Conceptual Plan so that Boeing can complete the necessary lot line adjustments and begin actively mar1<etlng the property to local, regional and natiOllal developers and users. The aerial on the following page highlights the location of the proposed retail site In relation to BoeIng's remaining land holdings and the surrounding North Renton neighborhood.· . conceptual Urban Retail Plan Boeing believes that high-quality retail development is essential to the suo:essful transition of the area from Its industrial roots to the CIty's Vision for the Urban Center-North_ A well-designed retail center will provide employment, diversify the economic base, offer a new source of munidpal revenue, and will attract other alternative and potentially higher and better uses to the surrounding area_ The Conceptual Plan for the Lot 3 and 10-50 sites, located on the following page, Illustrates the coh~e redevelopment of the parcels into an urban retail center. The Plan contains a mix of large format 'destination" retailers, mid-sized retail anchors, as well as smail shop sPace concentrated along Plirl< Avenue, envisioned as the"" significant pedestrian-oriented street In the area. The Plan responds to the presence of the existing Fry's building on the property to the east of Garden Avenue, and antidpates that ultimate redevelopment of the northern portion of that slte wlll relate directly to the d~elopment occurring on BoeIng's property. The site is bound "by a combination of exIstIn9 and new pUblic roadways, which segregate the property Into four quadrants ranging between 6 and 19 acres In size. Boeing is seeking buyers for the 45-to 47-acre property to undertake a cohesive redevelopment. Generally, the large format retail development (users with" footprints of 50,000 square feet and larger and buIlding feature heights up to 45 feet " tall) Is planned to occur along 8"', Logan and Garden Avenues, facing Inward and supported by well-organized parking areas Internal to the site. These destination retail uses will naturally I<Xate themselves along the widest portions of the property, with good freeway visibility, much like the recently completed Fry's development on the eastern side of Garden Avenue. Medium format retailers (ranging between 10,000 and 50,000 square feet In area, with building feature heights up to 40 feet tall) are assumed Infill between the large format tenants, with primary pedestrian entrances fadng Inward or directed toward Park Avenue. Again, parking Is assumed to be concentrated within each segment of the Site, to alloW for potential 'second-generation" redevelopment at higher densities, If achievable. The northwest quadrant of the property is Identified as one potentia I location for a mld-to high-rise development, which could take tile form of a multi-level podium parking structure, with multifamily residential or office uses above. this ultimate development could Initiate the truly urban vision for the area and, together with pedestrian scale treatments at the corner of Park and Logan, would identify thls as the "gateway" to the Urban-c;:enter North. Small, specialty retail shops and amenities would be concentrated primarily along Park Avenue. The scale of development Is more Intimate here, with an eclectic .mIx of uses, archltectural styles and gathering places. In some Instances, single stOry retail uses may be topped with one to three levels of apartments or professional office uses, all overlooldng Park Avenue and the activity along the street edge. Together, the large-and medium-format users total approximately 450,000 square feet of space; the smaller shop space totals approximately 110,000 square feet, or 20% of the center. CONCEPTUAL URBAN RETAIL PLAN _cl~ -......... ---.-y .... -- f CONCEPTUAL PlANNING [AAGRAM FUllER· SEARS ARCHITECTS , . Hierarchy of Streets Key to the successful development of the property is the reconfiguration and Improvement of Pari< Avenue to serve as a critical pedestrian-oriented street in the project. To accommodate full redevelopment of the Renton Plant properties, the ultimate build out of Pari< Avenue will need to allow for four travel lanes and a center tum lane, designed for vehicular travel up to 35 miles per hour. To support the vision for the development of an urban retail center In this location, a generous Sidewalk with street trees and on-street parl<ing for Pari< Avenue Is being proposed to enhance the environment In the public realm and encourage people to make Park Avenue a pedestrian street. An illustrative street section for Park Avenue can be found on the following page. ...' . - The other major north-sOuth connection Is Logan Avenue, which extends from 6'" Avenue to the south and joins Park Avenue In the north. The construction of Logan, providing direct access to 1-405, will be an Important alternative through connection to ensure Park Avenue functions as a pedestrian-orjented shopping street. At the outset of redevelopmentln the area, Logan Is envisioned as a three-lane street, with one travel lane In each direction and a center-tum lane. Ultimately, Logan will expand and function even more so as a higher-speed aJterial. The eas,t:-west arterial roadways, .10'" and 8'" Avenues, are less aitlcal to the successful development of.the urban retail center, other than serving as access points to the center off of Park Avenue. Connections from 10'" and 8'" to Logan Avenue, If constructed, would be favorable, . but the center would function as well with access only off of Pari<, the existing leg of 8'" and Garden Avenues. Urban Center-North YlSion and Policies This proposed Conceptual Urban Retail Plan meets many of the aty's vision and policy statements for the Urban Center-North, which call for "retaillntagrated Into pedestr1an-ortented shopping districts" and recognizes that: ~At the beginning of this transition, uses such as retail_may be viable wIthoUt the office and resldentlal components that ultimately will contribute to the urban character of the district." The CIty's vision plans for the transition of the area over a 30-year horizon and antldpates that redevelopment will need to address' the potential for future Infill to allow a reas to further grow to urban densities. This site Is located within District 1, where the aty identifies Its first objective as follows: ~Create a major commerdaVretall district developed wit!! uses that add slqQIfi!;antly to Renton's retail tax base, provide additional employment opportunities within the aty, attlclct businesses that serve a broad market area and act as a gathering place within the community." Boeing's Conceptual Urban Retail Pian seeks to both allow for the near-term redevelopment of BoeIng's underutilized assets while advocating for a mix of uses that Improves the Oty's tax and employment base. As Is Illustrated within the attached economic benefit analYSiS, more than 1,300 jobs would be created In the aty of Renton by a redevelopment of this scale. The aty would collect more than $1.2 million In one-time revenues during development and the City would receive over $1.5 million In annually recurring tax revenues at full build out. \. " ", =r, , " ~ .. . . ' . , . ., ' l '. . . " : "';". . . ' _.-..... '. : _.'--~~ . : . ....... ;-.. , . .. . .; .-':. ", .: : ," "':."\ -L:.+.----'---:;~ , , ," t .'_ ... " .-\~ ~ ....... . ~·f. !.r.~ '::. '. ~ ". v -ID- ~"1H i: '.~. t . . .. . . ::. ..... 'tt ' . ~ -, ~. , ,,' . ~~ I , . !l .(" ~ b. , .~ , .. ~. ':~ . .. . -" . " .. , ' " .... , ... . . k ~ ' . • h~ ! i \IQ .' ~ ~ . , i : . . . '(0 ' .. 0... .. .... : '"\. .\ .' ~ • Summary BoeIng believes that Its Conceptual Urba n Retail Plan Illustrates the optimal d'lvelopment plan for this 45 to 47 acres of land In North Renton. The Plan offers the opportunity to contribute to the baflSltlon of the area from a primarily Industrial neighborhood to a higher Intensity and range of viable uses, providing both jobs and a significant source of new revenue to support the City's objectives for the area • SUMMARY CITY OF RENTON ECONOMIC BENEFITS Retail Redevelopment on Part of Boeing s Renton Plant Site Economic benefits to the City of Renton of re-developing 46 acres of the Boeing .. Renton, Washington plant site follow. Derivation of these benefit estimates is based on a set of realistic assumptions that correspond to development of 451,000 square feet of ret ai/ big/medium box space and 110,000 square feet of retail shop space. > At full absorption of the above 561,000 square feet of retail space on a redeveloped portion of the Boeing Renton plant site; it is estimated that 2,197 petmanentjobs would be created throughout the region. > Of this total, a projected 1,132 direct jobs would he created at the targeted 46- acre Boeing Renton site plus 266 additional indirect jObs "\Yithin the City of Renton, assuming a 25 percent capture rate. . > It is estimated that these 1,398 direct and indirect jobs in the City of Renton (, would generate an additional $45.4 million in rectirringannual income earned .inside the City once full occupancy of this new retail space occurs at the BOeing Renton plant site. > The corresponding increase in property values by redeveloping this 46-acre portion of the Renton Boeing site into retail uses is forecast to total nearly $66 million upon completion in 2009. » The increase in annually recurring tax revenues to the City of Renton at full build-out is estimated at over $1.5 million starting in 2009. »Thls is in addition to over $1.2 million in one-time City revenues collected . during land redevelopment and the construction of 561,000 square feet of retail space on a part of the Boeing Renton plant site during the 2004-2008 period. 11113103 REAL ESTATE ECONOMICS The data and calculations presented herein while nol guaranteed. are obtained from sourceS deemed reliable, ,- PERMANENT JOBS CREATED IN 2009 1600r-------~----~~~~~~~L------------------ 1200 -1----- .a ~ 800 ~ t------.. z 400+---- 0-/----o With Project Without Project NEW JOB ANNUAL INCOMECREA TED IN 2009 $~.O'-------~77--~~~~~ocmL-____________ __ f $40.0 +-----.!! o C $30.0 +_---- '0 :!1 $20.0 -1-----,g ~ $10.0 $0.0 o With Project Without Project _______ ~N~EW~~UO~F~R~E~N~TOQN~T~~~~~ ______ __ $l,SOl) ;- f $1,600 -1-------------------=:---==--=:---::=--=;- ~$1~ +---------------- g $1,2Oi1 -1---------------- '0 $1,000 +------------- 10 ~ »~+---------------­c IV ~ $600 +---------- o $oI~+_-------r= $2~ +----~ $0 +---_- 2003 20N 2005 2006 2007 2008 2001 2010 2011 2012 2013 • Land Dev. • Building Dev. • PennanentTaxes CURRENT ZONING SCENARIO REAL ESTATE ECONOMICS '. Jab& lncome·_ With ehalt$ Propeny _v_ . ..-, $ Seieded State R~ -rnIionI NEW PERMANENT JOBS CREA TEO BY 2009 2,000 1,500 1,000 500 WIIIIProjocI· NEW JOB ANNUAL INCOME IN 2009 ... $80 071 " 0 5' MO Ii I ... .. .,. • . .. .. WIIIIProjocI ~ Ihbeft .... ~ ..... 1V13t'03 n.dI&IIMIII~~IIINiIt. ........ ,............, ...... ~"-__ r.ew..:llbboofllliable:. 31.75 0.114 '. NEW STATE TAX REVENUES .ttMr------------------------------------------ .MM+--------------------------r--~--~~~r__, ..... +----------1 .. i!i 3 .... j--------J li ..... +-------, ...... ..-1 -+-------1 .. NEW RECURRING STATE REVENUES WIthout PJOjecI SO.114 Dollars In mIIHons ReAIIon u.t.n~" ttl1~ n. ....... ~___' .......... f'II:III.._._... .......... ........,"__.........,"'bo r...ok. -, IlEAL. DTA ~ ec: c ,..-;s Total buIdabIe redeveIopmenlland area--"ner acres Total buIdabIe rede.elopme .. lland area-"ner sq. It. Land Development Land D •• eIopmeI~ Construction Costs Land Improvemeol oonsIruc6on duration -years P"""",I design & management Percent cons1rucrlOn labor Percent materiats BulkUng Devolopnoent p-..s Change In assessed value Percent design and management -coo ..... c:iaI Peroent construction labor -CUf'Wll8idal Percent c:onsvuetion malerials & ~ -COOImEI!tiaI Billing muI1ipIiet lor design and management Billing muI1ipIiet lor consIruction . Property d<ro eIop. nent duration -years RetaU-8lg1Mod Box Gross square feel of .. lsi space Load facIa-reiall space Building consllUction cost Isq.fl-notall space Sq 11 per employee -big box reIaI _sales per Sq. fl-blg box retail RoIan-$hop Spa ... Gross square feel of retai space load facIa-notall space c:onsvuetion cost Jsq.1I. ..... 1a1 space per .. rnpioyee -Shop Space ccnsIruction jobs Share or IncInK:t jobs captured by RenIDn Share or IncInK:t Income capbred by _ Assumpliofls KlngCo. est. -..go FTE _ for dIrect..cuning retal jobs on-siia King C<?-. -..go _wage for"_jobs KIng Co. -..go _wage tor project doIsIgnImanagemnt A_ amuaI_1or on&-Ime conoIruc:ticn jobs Room UI1>an ViIlage-f'-FIN.xI, I1M3iD3 1,989,821 IHe_and $ $ $ $ $ Tht data end eah? Eo", prw:serMd ....... nat~ ..... beerl obtaInad from ICUI"I:e:S ~ 10 be nIIiabfe. ~1 REAL ESTATE ECONOfIICS JOBS DireclJobs Indirect Jobs Total Jobs INCOME Direct Income Indirect Income Total Income PROPERlY VAlUE INCREASES TAX BASE INCREASES Assessed Valuafion Retail Sales Real Estate Sales Gross Business Receipts SElECTED TAX REVENUE INCREASES (Property, sales, 8&0 and real estate) stale Taxes Local Taxes CIty 0( Reoton-i>fOIleItY _'-n ~-BN.ld. 11113/03 Summary 61 Not applicable Not applicable $ 12,882,759 $ Not applicable $ $ 14,314,177 $ $ 1,189,652 $ 73 1,132 Not appiicable $ 65,996.257 Not applicable $ 65,996.257 61,578,000 $ 143,948,750 97,742,857 $ 6.599,626 68,420,000 $ 143,948,750 5,143,454 $ 10,356,729 'The data and C8h;I t tio;. pr.serMd .......... net ~ haw been DbtaInad from IOU"Ca ~ Ill! tltIl'EIiabIe. Page 1 REAL ESTA 1E ECO/IOIIICS undUse RetaB-BigItded Box Retall-Shop Space TOTAL Net Sqft 428,450 104,500 532,950 Business ReCeipts Retail Sales Annual persqft RetaUSaIes $ 275 $ 117.823,750 $ 250 $ 26,125,000 $143,948,750 Annual Employment Gross receipts 714 $ 117,823,750 418 $ 26,125,000 1,132 $143,948,750 Renton Urban VilIage-P-FIN .... 11113J1l3 Page 1 The_ .... _ JIf....o.d __ noe_have beonob<alnod ___ Iobe'-. REALSSTATEECVNOAflCS , • Taxbases On&-lime through One-time Building Land Devel 2005 IhnI 2008 at 2009 Assessed Valuation $ 65,996,257 Real Estata sales $29.322.857 $ 97,742,857 $ 6,599.626 Retail Sales $ 12.882.759 $ 61,578,000 $ 14il.946.75O Gross Business Receipts $ 14,314.177 $ 68,420.000 $ 143.946.750 RontonIJd>on ~-FIN.xI. 11N3I03 'J't-.. d8t8 and ceb t, " ~~ .... ""'~...,. bMn~ trom IOUR*Mltwctt;J,MreIiabIe. Pagel REAL ESTATE ECOH(ltIICS Assessed Valuation • Bldg. Start Year 2005 ASSESSED VALUATlON %oland TobII_ Renton U!t>anVllag4H'-4'IN.xI.11/1:w3 1M dMa Mel CIIIc:ukIIoM ~ ........... lII0I ................ """ obbIIne<I t'Of'n acucM baIw.t: triIoN ........ " Commercial Bid Start y 19. ear 2005 New SqFt Per Net Gross Land Use JobsIEmployoos Em SC1ft Sqff Retal-BigIMed Box 714 600 428.450 45t.000 Retail-ShOJI Space 418 250 104 500 110000 TOTALS 1.132 532.950 561.000 Renton Ufban V~-FINJd. 11/13/03 Page 1 .... ____ --... _------10100-. REALESTATEECONOfIICS Onetime Jobs $ 1.431.418 $ 6.842.000 $ 65.000 $ 65,000 2,5 years 42 Total professional wages $ 572.567 $ 2.736.800 professional wages $ 572.567 $ 684,200 duration in years 4 jobs created 9 11 JOBS labor costs only $ 5.153.104 $ 24.631,200 salal}' $49.000 $49.000 2.0 years 53 251 construction wages $ 2.576.552 $ 12.315,600 construction wages $ 2,576,552 $ 3,078,900 duration in years 1 4 jobs created 53 63 Equivalent New Jobs 61 73 Wage Income for New Jobs 3,149,119 3.763,100 for New R"-Urbao ViIage-P-f'IN.ld, 11/13103 Pogo 1 Tho ____ --... __ ..... ___ ~ ..... _ REALESTAlEECONOIIICS Recurring Revenue w,,_ 2009 2002_ 2O()g ......,.... TnS ... Tox_ R_ P...,.,nyTax $65.996.257 $3.l1000 $237.581 SalesT .. $143.948.150 6.50% $9.356._ B&OT ... $143.948.150 OA11% $611.999 Real EtIate Transf ... $6.5119.626 1.28% $801475 TOTAl $10.356,729 KIng County 200t 2002 2009 ......... Tax Base TuRa!. -P...,.,nyTax $65,996.257 $1.4500 $95,695 SalesT .. SO 1.DO% $0 B&OT .. SO 0.00% $0 Real EtIate TIWlSfer SO 0.50% $0 TOTAL $95,695 -----_.) City of RImIon 2O()g 2002 2G09 -Tusu. T",,_ --Propor1yTax $65,996.257 $3.3S00 $22Ul81 SalesT .. $ 143;94lI,15O 0.85% $1,223,564 B&OT\1II $143,948,750 O.DO% $0 Real ~ Transfer $6,599,62l; 0.50% $32,998 HeadToxIYr 1.398 $55.00 $76 912 TOTAl $1,654,562 '"WlI ~ 8&OTu. .... for~· _ Urban VoIIag&-P-FIN.xI. 11113103 page 1 n.e_ .... _ p<M«>Ied __ ""--'_ been _ .... __ "be reiobIe. REAL ESTATEECONOIIICS Onetime Revenue WAS-Land Dn. Building Dn. 2002 Tax Onetlme~ues hOod Tax ea.. Taxa-. ""'" Leo_ SoIesT ... $ 12.B8Z.7~ $ 61.571.000 6.50% 10.00% B&OTax> $ 14.31~.177 $ 68,420.000 0.471% 10.00')(, Roo! Estate Transfer $ 29,322.857 $ 97 742.857 1.28')(, 0.00')(, TOTAL KIng County LondDn. Building Dn. 2OG2Tax Onetime_ _Taxa... TuB .. Rate ... ~ SaIo$Tax $ 12.B8Z.759 $ 61.578.000 0.15')(, 10.00% ·B&OT .. $ 14,31~.177 $ 68.~2O.ooo 0.00% 10.00% Real Estate Transfer $ 29 322 857 S 97742.857 D.OO% 0.00')(, TOTAL Clt)'01_ Lond Pov.· Building Dn. 2OG2Tox One __ Period' Tax eas. Tue-. Rote 1.00 __ Sa_Tax $ 12.162.768 $ 61.578.000 0.e5% 10.00')(, B&OTu. $ 14,314.177 $ 68.~2O.ooo 0.00')(, 10.00% Real _ T .. nsfer $ 29=.157 S 97742.857 0._ 0.00% TOTAL Renton Urbon \IlIIaga P FIN.xI, 11113.1:)3 n. dMa.-1d cPQ' 1 ti .. pn:soMed heNIn ... I'd ~ haw! bMn obt8Inec:J from foOUI1:e&"'-'d to be reliable. I.and Dn. BuIlding DeY. R_ "- $753.641 .$ 3.602.313 $60.67& $. 290,1)32 $375.333 $ 1.251109 $1.18G.B52 $ 5.1~3.~ LondOOY. BuIlding DeY. ---$17.392 $ 53.130 SO $ . SO S - $17.392 $ 83.130 LondPov. BuIlding DeY. --... $91,553. $ 471.0n .so S . $148:&14 S 468.71. S20CS.If7 $ 959.786 Page I REAL ESTATE ECONOII/C$ October ll, 2004 CONSENT AGENDA Council Meeting Minutes of October 4, 2004 EDNSP: HotellMotei Tax Revenue Allocation to Marketing Campaign, IKEA 10th Anniversary Promotion EDNSP: IKEA Commercial District Designation Development Services: Nicholson Short Plat, ROW Dedication, NE 28th St Plat: Brookefield n, NE 11 th Ct & Hoquiam Ave NE, FP- 04-091 Police: Jail Bookings and Fees Separate Consideration Item S.d. Planning: South Lake Washington Redevelopment Conceptual Plan and Planned Action Renton City Council Minutes Page 348 City Attorney Larry Warren pointed out that any materials delivered to the City are public record unless they fall within one of the exceptions to the Public Records Act. Continuing, Ms. Petersen requested that Section 1-5-2 of City Code be changed to clearly place the content and subjects of requests for executive session under the same level of confidentiality as the executive session itself. Items on the consent agenda are adopted by one motion which follows the listing. At the request of the Administration, item 8.d. was removed for separate consideration. Approval of Council meeting minutes of October 4, 2004. Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended approval of the Renton Lodging Tax Advisory Committee recommendation to allocate up to an additional $12,000 of hotel/motel tax revenues to the Renton Community Marketing Campaign for street banners and other activities promoting !KEA's 10th Anniversary celebration. Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended approval to designate the area bordered by SW 43rd SI. on the south, SW 41st SI. on the north, East Valley Hwy, on the east, and Oakesdale Ave. SW on the west as the IKEA Commercial District. Council concur (See page 350 for resolution.) Development Services Division recommended acceptance of the dedication of 816.70 square feet of additional right-of-way to widen NE 28th St. as required by the Nicholson Short Plat (SHP-02-11I). Council concur. Development Services Division recommended approval, with conditions, of the Brookefield 11 Final Plat; 16 single-family lots on 4.65 acres located at NE II th Ct. and Hoquiam Ave. NE (FP-04-091). Council concur. (See page 350 for resolution.) Police Department recommended approval of the following: accept jail bookings from other municipalities on a space-available basis; set the jail booking fee at $64.83 per day per inmate; and prepare and present for adoption the necessary legislation to implement the contracts as part of the 2005 budget process. Refer to Public Safety Committee. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8. d. FOR SEPARATE CONSIDERATION. CARRIED. 1 Economic Development, Neighborhoods and Strategic Planning Department submitted a Conceptual Plan for the 46-acre surplus Boeing property in South Lake Washington proposed by developer Center Oak Properties, and a Planned Action requested by Center Oak Properties for its project. Refer the Conceptual Plan to Committee of the Whole; set public hearing on 1Q/25J2Q04 11/8/2004 to consider the Planned Action. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL APPROVE CONSENT AGENDA ITEM 8.d. AS AMENDED TO CHANGE THE PUBLIC HEARING DATE TO 11/8/2004. CARRIED. EXHIBIT H PIIihd ad:. ~(1/1d2 Cl" 'i OF RENTON COUNCIL AGENDA DILL ~ ,,-::;. ;:!~/../ ~ I ~ GA-¥'r'" I Al #: ' q . I Submitting Data: DeptlDivlBoard .. EDNSP Staff Contact... ... Alex Pietsch (x6592) Subject: South Lake Washington Redevelopment Approvals Exhibits: Issue Paper Proposed Conceptual Plan (to be provided) Proposed Planned Action (to be provided) Recommended Action: • Refer the Conceptual Plan to Committee of the Whole November fr, /).00'1 • Set a public hearing on DStS98f 25, 2994 for consideration of the Planned Action Fiscal Impact: Expenditure Required .. . Amount Budgeted ...... . Total Project Budget SUMMARY OF ACTIONS: For Agenda of: October II, 2004 Agenda Status Consent.. ............ Public Hearing .. Correspondence .. Ordinance ............. Resolution ............ Old Business ........ New Business ....... Study Sessions ...... Information ......... Approvals: Legal Dept ........ . Finance Dept... .. . Other. ............. . Transfer/ Amendment.. .... . Revenue Generated ........ . City Share Total Project.. • Center Oak Properties is proposing a revised Conceptual Plan for an initial phase of redevelopment of surplus property at the Boeing Renton Plant. The 2003 Development Agreement with the Boeing Company requires Council adoption of a Conceptual Plan prior to redevelopment. This Conceptual Plan will serve as the basis for all future land use approvals related to this development. • Additionally, Center Oak is asking Council for adoption of a Planned Action (as allowed in RCW 43.21 C.031 and WAC 197·11·164, 168 and 315). Since a major EIS has already been completed for this site, additional detailed environmental analysis is not required. A public hearing is required prior to adoption of a Planned Action. STAFF RECOMMENDATION: • Approve the proposed Conceptual Plan. • Direct the City Attorney's office to prepare necessary legislation for adoption of the Planned Action. Rentonnetlagnbilll bh X x X in the planning process. The conceptual planning process is intended to provide an additional 2 stage of planning prior to the Master Plan submittal. The concept plan, however, is just that- 3 a concept. Moreover, it is a concept that can and has evolved. 4 The Conceptual Plan was first adopted in 2003 and has since been amended two times. 5 In December 2003, the City of Renton and The Boeing Company entered into a Development 6 Agreement for redevelopment of a portion of the Boeing facilities in Renton.3 The 7 Development Agreement requires the submittal of a "Conceptual Plan" prior to development 8 of the property, Development Agreement, at §3, I, The initial Conceptual Plan was approved 9 by the Renton City CounciL Id., at §3,2, Minor modifications to the Conceptual Plan were 10 then authorized to be made administratively, ld., at §3.4.2. 11 1. Subdistrict 1A Conceptual Plan 12 As part of the Development Agreement between the City and The Boeing Company, 13 the City Council adopted and approved a Conceptual Urban Retail Planfor Subdistrict lA for 14 redevelopment of the UC-Nl area ("Subdistrict IA Conceptual Plan"), recorded as Exhibit 5 15 to the Development Agreement. The Subdistrict lA Conceptual Plan envisioned an urban 16 retail center with a mix oflarge-format "destination" retailers, mid-sized retail anchors, small 17 shop spaces, and parking structures, office, and residential components. 18 The adopted Subdistrict lA Conceptual Plan contemplated development of 45\,000 19 square feet oflarge and medium-format retail space and 110,000 square feet of smaller retail 20 shop space, for a total of 561,000 square feet of retail uses. The Subdistrict IA Conceptual 21 Plan also contemplated potential locations for structured parking, multi-family residential and 22 office uses, The size of the retail/commercial uses was described by the amount of 23 anticipated square footage. Multi-family residential uses were anticipated in addition to this 24 commercial/retail use, and the multi-family uses were not limited by square footage.4 2S 26 27 28 3 The Development Agreement is recorded under King County Recording Number 2003 J 21 0001637, , See Subdistrict lA Conceptual Plan, recorded as Exhibit 5 to the Development Agreement, at page 4. Applicant's Response to ASE Motion to Remand on Planned Action Issue -Page 4 of 12 EXHIBIT I HILLlS CLARK MARTIN & PETERSON, P,S. 500 Galtand Building, 1221 Second Ave Seattle WA 98101·2925 206.623.1745: fax 206,623.7769 SECOND AMENDMENT TO CITY OF RENTON'S CONCEPTUAL PLAN FOR SUBDISTRICT lA OF URBAN CENTER NORTH, DISTRICT ONE 1. Background and Purpose In November 2003 the City adopted amendments to its Comprehensive Plan designating an area then owned by The Boeing Company north of downtown as Urban Center North, District One CUC-NI). For planning pwposes, this area was divided into two districts, District One and District Two. 1n November 2003 the City also reclassified (rezoned) the Urban Center Nor.h District One area to UC-NI, under the City's adopted UC-Nl development regulations. The City'S Comprehensive Plan goals and policies for the area designated as Urban Center North, District One, envision a broad range of redevelopment uses in a dense employment center, including but not limited to retail uses integrated into pedestrian-oriented shopping districts, and a range of urban-scale mixed-use residential, office, entertainment, and co=ercial uses. 1n December 2003, as part of the 2003 Development Agreement between the City and The Boeing Company, the City Council also adopted and approved a Subdistrict IA Conceptual Plan for a portion of the Urban Center North District One planning area. The adopted Subdistrict 1A Conceptual Plan is Ex.,,'llbit 5 to that 2003 Development Agreement, recorded under King County Recording No. 20031210001637. As originally adopted, the Subdistrict 1 A Conceptual Plan envisioned an urban retail center with a mix of large-format "destination" retailers, mid-sized retail anchors, . small shop spaces, and parking structures, office, and residential components. The adopted Subdistrict 1A Conceptual Pian contemplated development of 451,000 square feet of large and medium-foIIDat retail space and 110,000 square feet of smaller retail shop space, for a total of 561,000 square feet of retail uses. On October 18, 2004, the City Council approved a first amendment to the Subdistrict 1 A Conceptual Plan., in order to permit a wider range of future retail development. This range encompassed a minimum of the 561,000 square feet of retail space already approved in the original Conceptual Plan, up to a maximum of 800,000 square feet of retail and entertainment space or o'ller commercial development in Subdistrict lAo . C":,,;; 2nd Am.SubdLsI. IA. Concepl.Plan <323l86 18449-004 6xSy011.doc 212312006 page] EXHIBIT J 1 The purposes of this Second Amendment to the Subdistrict IA Conceptual Plan are to reaffirm the overall vision for Subdistrict lA embodied in the City's Comprehensive Plan and its goals and policies, and to fwther describe contemplated residential uses in Subdistrict lAo The original Subdistrict lA Conceptual Plan, the First Amendment to the Subdistrict lA Conceptual Plan, and this Second Amendment, are all consistent with the City's Comprehensive Plan as it applies to Subdistrict lAo 2. Second Amendment tD Subdistrict lA Conceptual Plan The Subdistrict IA Conceptual Plan (December 2003), as amended by the First Amendment to the Subdistrict lA Conceptual Plan (October 2004), is hereby further amended by the addition of the following clarifying statement: Subdistrict lA has been and continues to be envisioned by the City as a vibrant, pedestrian-oriented gathering place for living, working, and entertainment A mix of both larger destination-retail stores and smaller specialty retail stores, as well as entertainment, office, hotel, cultural, and residential uses, are all appropriate for and encouraged to develop in Subdistrict 1 A. Residential development should be in low-to mid-rise buildings that incorporate upper-story office and/or ground-related retail uses, where appropriate. Except for the foregoing addition, the Subdistrict JA Conceptual Plan (December 2003), as amended by the First Amendment to the Subdistrict lA Conceptual Plan (October 2004), remains unchanged. APPROVED BY THE CITY OF RENTON: Name Dfv(/u (!H'-Ill )CVV1(i'$ Di~'cc:1"'v Title Date 3 J 2D06 2nd Am.Subdist.l A. Concept. Plan 'l2J386 18449·004 6xSyO Il.do' 212312006 pagel November 7. 2005 Monday. 5:00 p.m. CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE SPECIAL PRESENTATIONS Community Event: Return to Renton Car Show. Contribution of Proceeds to Police Department AJLS: Mayor's Presentation of 2006 Budget RENTO]\: CITY COUNCIL Regular Meeting MINUTES Council Chambers Renton City Hall Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. TERRI BRIERE. Council President; MARCIE PALMER; DON PERSSON; RANDY CORMAN; TONI NELSON; DAN CLAWSON; DENIS LAW. KATHY KEOLKER-WHEELER. Mayor; JAY COVINGTON. Chief Administrative Officer; LAWRENCE J. WARREN. City Attorney; BONNIE WALTON. City Clerk; GREGG ZIMMERMAN. PlanninglBuildinglPublic Works Administrator; ALEX PIETSCH. Economic Development Administrator; DON ERICKSON. Senior Planner; DENNIS CULP. Community Services Administrator; MIKE WEBBY. Human Resources Administrator; MICHAEL BAILEY. Finance and Information Services Administrator; LINDA HERZOG. Interim Assistant to the CAO; CHIEF LEE WHEELER. DEPUTY CHIEF ARTHUR LARSON. and DEPUTY CHIEF LARRY RUDE. Fire Department; CHIEF GARRY ANDERSON. COMMANDER FLOYD ELDRIDGE. COMMANDER KATIE MCCLINCY. and COMMANDER KEVIN MILOSEVICH. Police Department. Jim Medzegian. member of the Return to Renton Cruise-In Car Show Steering Committee. stated that the mission of the car show is to raise funds for the Police Department's youth education programs. Mr. Medzegian reported that 200 vehicles were displayed at the 15th annual event held at Renton Memorial Stadium on J ul y 9th. He showed pictures taken at the event. and reviewed the vision for future car shows. which includes increasing the number of vehicles. expanding family activities. and moving the 2007 event to downtown Renton. Mr. Medzegian presented Police Chief Garry Anderson with a check in the amount of $3.200. Chief Anderson accepted the money with appreciation. saying that the Police Department just authorized two grants to the Renton School District for a middle schoolleaming program. Mayor Keolker-Wheeler presented her proposed City of Renton 2006 Budget to members of the City Council and Renton citizens. She acknowledged the policy work and guidance provided by the City Council, and the efforts of City staff. The Mayor reviewed the 2005 achievements. which include: RenStat (a program that addresses. identifies. and targets crime). the Federal Reserve Bank of San Francisco (broke ground this summer on its new facility in Renton). downtown redevelopment. the securing of Federal and Sound Transit funds for important transportation projects. REACT (a program that addresses non- criminal activities and nuisance abatement). volunteerism such as the Mayor's Planting Day. the Clean Sweep program, the operation of the Henry Moses Aquatic Center at a profit. and the master plan for the Heather Downs neighborhood park. Mayor Keolker-Wheeler noted the continuing challenge of high expectations versus limited resources. Voter-enacted limits on taxes and State mandated tax exemptions continue to constrain the City's revenues. Reporting that property EXHIBITK November 7, 2005 PUBLIC HEARINGS Annexation: Querin n, Hoquiam Ave NE Renton City Council Mi"-__ " Page 378 taxes make up almost one-third of the City's general governmental revenues, she explained that with the limit on the amount the City can collect and the continuing increase in the value of property, the actual amount of the tax levy declines, It has declined over the past ten years from $3,60 per thousand dollars of assessed valuation to $3,07, She pointed out that in the meantime, the growing economy has added significant new construction and annexations, which helps the property tax base grow. Turning to the key 2006 initiatives, the Mayor began with the promotion of neighborhood revitalization by proposing the continuation of the REACT program, which includes adding three police officers; the continuation of the Clean Sweep program; and the completion of the Highlands Sub-Area Plan. The promotion of Citywide economic development includes the redevelopment of the Boeing property ("The Landing" project), the Downtown Action Plan, and on-going business recruitment. Continuing, Mayor Keolker-Wheeler discussed the management of growth through sound urban planning, highlighting various transportation projects. She noted that the proposed budget includes funds to build the Heather Downs neighborhood park, and a new parks and facilities maintenance complex, In regards to annexations, the Mayor explained that State and King County policies require the City to explore annexing surrounding unincorporated areas, The City is trying to respond to these demands in a balanced and objective way that does not negatively impact existing residents. Continuing with the meeting of service demands that contribute to a livable community, the Mayor reported that the proposed budget maintains existing service levels, proposes no new taxes, does not use reserves to balance the General Governmental Budget, updates user fees such as fire inspection fees and system development charges, and implements an annexation fee. The budget proposal adds: three police officers, one fire inspector, one fire support staff member, local matching funds for a grant to potentially add three firefighters, court security measures, and two staff positions and others costs related to operating the new Maplewood Water Treatment Facility, Mayor Keolker-Wheeler stated that the total proposed 2006 Budget is approximately $171.2 million, of which $72.5 million is the General Governmental Budget. The proposed budget includes increasing the water and storrnwater system rates by 3%, and the wastewater system rate by 4%. Mayor Keolker-Wheeler proposed that the City Council partner with her in 2006 to engage in a comprehensive "priorities of government" process with the following goals in mind: alignment of City services with community needs and priorities, continued accountability, and effective communication, She explained that the City needs to strike the right balance between what the community needs from its local government, and the amount of resources necessary to accommodate those needs, The Mayor emphasized that this process will be a way to examine unmet needs, and ensure that the City is using its scarce resources in the best way possible, This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the 60% Petition to Annex and R-8 zoning for the proposed Querin II Annexation; 7.3 acres located between Hoquiam Ave. NE on the west and 144th Ave, SE, if extended, on the east, south of SE 112th St. November 7, 2005 Planning: Boeing Subdistrict 1B Conceptual Plan Renton City Council Min. Page 379 Senior Planner Don Erickson reported that the annexation area contains three single-family dwellings. The topography of the site is relatively flat where it abuts Hoquiam Ave. NE, and the eastern portion contains steep slopes as a result of Honey Creek and its ravine. He noted that King County's 2005 surface water design standards or greater are recommended at the time of development The site is served by the following public services: Fire District #25, Water District #90, Renton sewer, and the Renton School District. Mr. Erickson stated that existing King County zoning is R-4 (four dwelling units per gross acre), and the Renton Comprehensive Plan designates the site as Residential Single Family, for which R-8 (eight dwelling units per net acre) zoning is proposed. He indicated that the proposed annexation is generally consistent with City annexation policies and relevant Boundary Review Board criteria. In regards to the fiscal impact analysis, Mr. Erickson estimated a surplus of $236 at current development, a surplus of $9,278 at full development, and a one-time parks acquisition and development cost of $27,176. Mr. Erickson indicated that the proposed annexation does not present any major impediments to the provision of City services to the area. He concluded that the annexation appears to further Renton business goals and is in the best interests of the Ci ty. Public comment was invited. Mayor Keolker-Wheeler referred the request by Virginia Broyles, 11224 142nd Ave. SE, Renton, 98059, for information regarding utility rates and the sewer system to Mr. Erickson. Jim Montcrief, 11216 142nd Ave. SE, Renton, 98059, stated that an additional house exists in the annexation area, for a total of four dwellings. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ACCEPT THE QUERIN II DIRECT PETITION TO ANNEX, SUPPORT R-8 ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN RESIDENTIAL SINGLE FAMIL Y LAND USE DESIGNATION, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD, CARRIED, This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the Boeing Suhdistrict 1B Conceptual Plan for a second phase of redevelopment of surplus property located south of N. 8th SI. and east of Logan Ave. N. Alex Pietsch, Economic Development Administrator, explained that conceptual planning is a requirement of the 2003 development agreement between the City and Boeing, which pertains to the future redevelopment of Boeing Renton Plant site. Conceptual planning provides the City with certainty that its vision will be met, and confidence for its infrastructure commitments. He reported that three subdistricts were created within this site, which bears the Urban Center-North (UC-N) land use designation, and pointed out that a conceptual plan has already been adopted for Subdistrict lA. I I I I I I I I I I I I November 7, 2005 Renton City Council Min Page 380 Mr. Pietsch reviewed the conceptual plan requirements, which include consistency with the UC-N vision, a description of the development, and an economic benefit analysis. He indicated that the Subdistrict IB Conceptual Plan divides the property into two distinct parts. The northern 21 acres is currently under a "right of first offer" agreement with Harvest Partners and likely will be sold in the very near future and be used for retail development. The southern 31 acres, which is not expected to be declared surplus in the near future, contains 660,000 square feet of existing office buildings and remaining land for in-fill development. Continuing, Mr. Pietsch reviewed the economic benefits associated with the development of the two parts of Subdistrict 1B such as job creation and revenues, and he noted that the conceptual plan meets the vision of the UC-N designation. He reported that staff proposes the following two conditions to the plan: I) Park Ave. N. be designated as a pedestrian-oriented street, and 2) transit facilities be allowed within the northern 2 I-acre portion should funding opportunities arise and the development of such facilities support the surrounding development and be supported by the property owner(s). Mr. Pietsch stated that staff recommends approval, with conditions, of the Boeing Subdistrict lB Conceptual Plan. He indicated that the related Committee of the Whole report will be presented to Council for adoption, and if approved, Boeing will then present its Planned Action for Council consideration. Responding to Councilman Clawson's inquiry regarding the potential transit facility and the financing of the infrastructure, Mr. Pietsch stated that Sound Transit's Sound Move 2 plan consists of a parking garage and a bus rapid transit facility. He described future road and trunk utility infrastructure improvements, including the realignment and widening of Park Ave. N., the widening of Logan Ave. N., a new N. 10th St., and the extension of N. 8th St. He explained that as part of the 2003 Boeing development agreement, the City will build main arterial roads and trunk utility lines deemed necessary for the project as long as there is revenue from the development allowing two-thirds of that revenue to support debt service on bonds. The remaining one-third would be for the general fund to support City services. Discussion ensued regarding the number oflanes proposed for Logan Ave. N., the improvements to various area streets such as Park Ave. N. and Garden Ave. N., the ability of the utility infrastructure to support future expansion of the roads, and the traffic flow in the area. In response to Councilman Corman's comments, PlanninglBuilding/Public Works Administrator Gregg Zimmerman noted that the City is reevaluating the traffic counts as part of the design process for the area's roadway system, and he described the findings and the adjustments that are being made. Public comment was in vited. Ray Giometti, 323 Pelly Ave. N., Renton, 98055, suggested that the widening of Logan Ave. N. occur sooner than later; otherwise, traffic will be forced onto Park Ave. N., fracturing the North Renton neighborhood. Pointing out that his neighborhood is located across the street from the southern 3 I-acre portion of Subdistrict IB, Mr. Giometti expressed opposition to the development of the land for big-box retail use. November 7. 2005 ADMINISTRA TIVE REPORT AUDIENCE COMMENT Citizen Comment: DeMastus - Firefighter Tribute Program Renton City Council Min Page 381 Mike O'Donin. 423 Pelly Ave. N .. Renton. 98055. expressed concern that Logan Ave. N. will become a traffic choke point. thereby increasing transit traffic on Park Ave. N. He asked for further review of the Logan Ave. N. expansIOn. Richard Zwicker. 446 Pelly Ave. N., Renton. 98055. agreed with the previous speakers' comments. He confirmed that the original plan was for Logan Ave. N. to be the main thoroughfare. and for Park Ave. N. to be pedestrian friendly. In response to Council inquiries. Mr. Pietsch confirmed that the street network design was adopted in the 2003 development agreement with Boeing. and the subject conceptual plan is a separate matter. Chief Administrative Officer Jay Covington pointed out that since Boeing owns the right-of-way on Logan Ave. N .. the City does not have the ability to expand the road beyond three lanes at this time. Council members Corman and Palmer suggested further review of the transportation plan for the subject area. Lee Chicoine. 406 Burnett Ave. N .• Renton. 98055. expressed concern about the flow and amount of traffic. saying that he wants Logan Ave. N. expanded to five lanes to prevent a choke point. Nora Schultz. 540 Williams Ave. N., Apt. 12. Renton, 98055, stated her desire for consistent traffic flow on Logan Ave. N., and less traffic on N. 6th St. Ms. Schultz suggested further review of the matter. MOVED BY BRIERE. SECONDED BY PALMER. COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CORMAN. SECONDED BY PALMER. COUNCIL REFER THE TRANSPORTATION PLAN RELATED TO THE BOEING PROPERTY DEVELOPMENT TO COMMITTEE OF THE WHOLE FOR A BRIEFING. CARRIED. Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: .. City Hall Information Desk volunteers were recently presented certificates of appreciation at a dinner hosted by City Clerk Division staff. Since the program's establishment in 1984. the volunteers have given over 51.000 hours of excellent service to the City. .. Work is now underway on the SW 27th St./Strander Blvd. Connection. Segment I. construction project, which initially will provide access to the proposed Federal Reserve Bank facility and, ultimately, will result in a new five-lane arterial connecting Renton and Tukwila. Sandel DeMastus, 1137 Harrington Ave. NE, Renton. 98056. said she is an independent producer with public access cable channel 77. and announced that she has completed her firefighter tribute program. which will air on channel 77. She presented a copy of the program to the Council. and suggested that it be cablecast on Renton's government access channel 21 as well. November 7, 2005 Citizen Comment: Blake - Fairwood Incorporation Citizen Comment: Finlayson - Fairwood Incorporation CONSENT AGENDA Council Meeting Minutes of 10/24/2005 Appointment: Municipal Arts Commission Renton City Council Min Page 382 Jay Paul Blake, 17627 1 33rd PI. SE, Renton, 98058, stated that he is a member of the Fairwood community, and asked the City to consider initiating the annexation of the proposed Fairwood Incorporation area into Renton's boundaries. Noting that he has attended several meetings organized by the Fairwood Task Force, he expressed his dismay at the inaccuracy of some of the statements made by the speakers. Mr. Blake indicated that he opposes the incorporation for reasons related to the limited financial viability of proposed city. Mr. Blake cited passages from the Fairwood Incorporation feasibility study concerning the proposed city's financial viability. MOVED BY CORMAN, SECONDED BY LAW, COUNCn.. ALLOW THE SPEAKER FIVE ADDITIONAL MINUTES FOR HIS COMMENTS. CARRIED. Mr. Blake continued with his review of the feasibility study. He concluded that Renton is in a strong financial position, and consequently, the residents of the Fairwood area will be best served by being annexed to the City of Renton. Laurie Finlayson, 14224 SE 163rd PI., Renton, 98058, supported Mr. Blake's request that Renton consider annexing the Fairwood area. She expressed her surprise at some Fairwood residents' negative opinions of Renton, and surmised it may be because they do not relate to Renton since much of the area resides within the Kent School District. Ms. Blake indicated that the analysis of the financial feasibility of the proposed city did not convince her that incorporation will work. She staled her desire to be apprised of all the options, including a comparison of both incorporation and annexation to Renton, in order to make an informed decision. Discussion ensued regarding the Fairwood Incorporation effort; Renton's practice to wait for parties to express interest in annexing to the City; regulations concerning the allowance of an annexation effort while an incorporation effort is pending; the possibility of an advisory vote on the interest of Fairwood residents annexing to Renton; the unlikelihood that the vote for the Fairwood Incorporation will occur in February 2006, as the Boundary Review Board will be conducting hearings in January and February; Fairwood residents' perception of Renton; Council's stance on the annexation of the Fairwood area to Renton; and the provision of information concerning annexation to Renton. Mayor Keolker-Wheeler asked Economic Development Administrator Alex Pietsch to research the questions that surfaced during the discussion. Councilman Clawson acknowledged the consent of the Councilmembers for the continued conveyance of information regarding annexation to Renton. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 10/24/2005. Council concur. Mayor Keolker-Wheeler appointed Denise Bisio, 1301 W. Newton St., Seattle, 98119, to the Municipal Arts Commission for a three-year term expiring 1213112007. Refer to Community Services Committee. November 7. 2005 Release of Easement: Robert West. Lake WA Blvd N & Wells Ave N. RE-05-001 Lease: Renton Housing Authority, Edlund Property House Plat: Elmhurst. Bremerton Ave NE. FP -05--090 Development Services: Baxter Meadow Short Plat. ROW Dedication. NE 18th Circle Development Services: Urban Craft Mixed Use Development. ROW Dedication, Olympia Ave NE Annexation: Perkins, SE 95th Way & 128th Ave SE EDNSP: Neighborhood Program Standards Human Resources: Police Officers Guild Non- Commissioned Employees & Firefighters Local 864 Battalion Chiefs Labor Agreements Utility: System Development Charges. Annexation Fee WSDOT: I-405 to SR-169 Off- Ramp Alignment Utility: Central Plateau Interceptor Phase IT. Roth Hill Engineering Partners Renton City Council Min Page 383 City Clerk submitted request for partial release of easement by Robert West. 3904 Park Ave. N .• Renton, 98056, for property located between Lake Washington Blvd. N. and Wells Ave. N. at N. 37th St. Refer to Utilities Committee. Community Services Department recommended approval of a five-year lease with the Renton Housing Authority for a house on the City-owned Edlund property located at 17611 103rd Ave. SE. Refer to Finance Committee. Development Services Division recommended approval, with conditions. of the Elmhurst Final Plat; 64 single-family lots on 9.6 acres located at 201 Bremerton Ave. NE (FP-05-090). Council concur. (See page 385 for resolution.) Development Services Division recommended acceptance of a deed of dedication for additional right-of-way to include a cul-de-sac as part of the NE 18th Circle street extension from Duvall Ave. NE to fulfill a requirement of the Baxter Meadow Short Plat (SHP-03-088). Council concur. Development Services Division recommended acceptance of a deed of dedication for additional right-of-way along Olympia Ave. NE and NE 4th St. to fulfill a requirement of the Urban Craft Mixed Use Development (SA-03- 035). Council concur. Economic Development. Neighborhoods and Strategic Planning Department submitted 10% Notice of Intent to annex petition for the proposed Perkins Annexation, and recommended a public meeting be set on 11/21/2005 to consider the petition; 15.1 acres located south of SE 95th Way and east of 128th Ave. SE (if extended). Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended adoption of standards for being an officially recognized neighborhood in Renton's Neighborhood Program. Refer to Community Services Committee. Human Resources and Risk Management Department recommended approval of the Renton Police Officers' Guild Non-Commissioned Employees and the Renton Firefighters Local 864 Battalion Chiefs labor agreements for 2006- 2008. Council concur. Utility Systems Division recommended approval of the 2006 System Development Charges for water. wastewater. and surface water utilities, and adoption of a $2.500 Annexation Fee to be implemented on 1/112006. Refer to Utilities Committee. Utility Systems Division recommended concurrence with the Washington State Department of Transportation regarding the proposed alignment of the northbound I-405 to SR-169 off-ramp and future widening of I-405. Refer to Utilities Committee and Community Services Committee. Utility Systems Division recommended approval of a contract with Roth Hill Engineering Partners. LLC, in the amount of $258,599 for design and pennitting of the Central Plateau Interceptor Phase IT project. Refer to Utilities Committee. November 7. 2005 Utility: WRIA 8 and WRIA 9 Interlocal Agreement Extensions. CAG-O 1-004 & CAG-Ol-oo5 UNFINISHED BUSINESS Utilities Committee Latecomer Agreement: LandTrust, Sanitary Sewer (Hoquiam Ave NE). LA-05- 004 Planning & Development Committee Comprehensi ve Plan: Amendments. Inclusion of West Hill in PAA Planning: Residential Uses in Commerc ial Arterial Zone Renton City Council Mil Page 384 Utility Systems Division recommended approval of a one-year extension to the Water Resource Inventory Area 8 (WRIA 8) interlocal agreement in the amount of $11.303. and to the WRIA 9 interlocal agreement in the amount of $10,397 for salmon conservation planning. Council concur. (See page 385 for resolution.) MOVED BY BRIERE. SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Utilities Committee Chair Corman presented a report regarding the latecomer agreement request by LandTrust, Inc. (LA-05-oo4). Dick Gilroy of LandTrust. Inc. has withdrawn the request for a latecomer agreement for sewer installation along Hoquiam Ave. NE. Therefore. the Committee recommended the removal of this item from the Committee's referral list. MOVED BY CORMAN. SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning and Development Committee Chair Clawson presented a report regarding the evaluation of potential boundaries for the West Hill Potential Annexation Area (PAA). The Committee recommended referring the issue of amending the Comprehensive Plan to include the West Hill in Renton's PAA to the Committee of the Whole. MOVED BY CLAWSON. SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning and Development Committee Chair Clawson presented a report regarding City Code changes for residential development in the Commercial Arterial (CA) zone. The Committee recommended concurrence in the staff recommendation to: • Amend the purpose of the CA zone under 4-2-020 to acknowledge that limited residential use is appropriate when it is well integrated with surrounding commercial development. • Amend the use table at 4-2-060 and 4-2-070 to allow attached and semi- attached housing in the CA zone as an administrative conditional use subject to condition number 18. • Amend note 18 of the Conditions Associated with Zoning Use Tables under 4-2-080 to prohibit garden style apartments. and set the conditions that must be met to be eligible for residential development in the CA zone. • Amend 4-2-080 to eliminate maps duplicated in 4-3-040. • Amend the development standards for the CA zone at 4-3-120 to allow a 1.2oo-foot minimum lot size for attached residential plats, and change all corridor references to "Business District." • Amend 4-3-040 to create a Sunset, NE 4th, and Puget Business District overlay. including development standards for commercial and residential uses. • Amend maps in 4-3-040 to show the corrected Business Districts. • Insert Special Designation Criteria for residential uses in the NE 4th. Sunset. and Puget Business Districts in 4-9-030. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. November 7, 2005 RESOLUTIONS AND ORDINANCES Resolution #3779 Plat: Elmhurst, Bremerton Ave NE, FP-05-090 Resolution #3780 Utility: WRlA 8 and WRIA 9 Interlocal Agreement Extensions, CAG-OI-004 & CAG-OI-005 NEW BUSINESS Council: 2006 Council President Election (Corman) & Council President Pro Tern Election (Nelson) ADJOURNMENT Recorder: Michele Neumann November 7, 2005 Renton City Council Mil Page 385 The following resolutions were presented for reading and adoption: A resolution was read approving the Elmhurst Final Plat; approximately 9.6 acres located in the vicinity of Bremerton Ave. NE, north of NE 2nd St. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to execute an extension of the interlocal agreements among participating jurisdictions with the GreenlDuwamish and Central Puget Sound Watershed Resource Inventory Area (WRIA 9) and (he Lake Washington/Cedar/Sammamish Watershed Resource Inventory Area (WRlA 8). MOVED BY CLAWSON, SECONDED BY PALMER. COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Council President Briere opened nominations for 2006 Council President and Council President Pro Tern. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ELECT COUNCILMAN CORMAN AS COUNCIL PRESIDENT FOR 2006 AND COUNCILWOMAN NELSON AS COUNCIL PRESIDENT PRO TEM FOR 2006. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADJOURN THE COUNCIL MEETING AND START COMMITTEE OF THE WHOLE AT 7:25 P.M. CARRIED. Time: 7:12 p.m. 13m.. 41,(/_·.J. Ld 17.fttr.---: Bonnie!. Walton, CMC, City Clerk RENTON C' COUNCIL COMMITTEE MEET... .; CALENDAR Office of the City Clerk COUNCIL COMl\'ll fTEE MEETINGS SCHEDULED A. CITY COUNCIL MEETING November 7, 2005 I COMMITTEE/CHAIRMAN DA TEmME COUNCIL BUDGET WORKSHOP WED., 11/09 1:00 p.m. COMMITTEE OF THE WHOLE MON., 11/14 (Briere) 5:00 p.m. COMMUNITY SERVICES (Nelson) FINANCE (Persson) PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) MON., 11114 3:30 p.m. MON., 11114 4:00 p.m. AGENDA 2006 Revenue Sources and Preliminary Budget *Conferencing Center* Comprehensive Plan Briefing Regarding West Hill; 2006 Budget Deliberations; Briefing on Transportation Plan related to Boeing Property Development Denise Bisio Appointment to Municipal Arts Commission; 1-405 to SR-169 Ramp Alignment Concurrence with WSDOT Vouchers; Business License Fee Reporting Period Changes NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. November 14,2005 Monday, 7:00 p.m. CALL TO ORDER ROLL CALL OF COUNCILMEMBERS CITY STAFF IN ATTENDANCE SPECIAL PRESENT A TION WSDOT: Springbrook Creek Wetland & Habitat Mitigation Bank PUBLIC MEETING Annexation: Hudson, Benson Rd S & SE 168th St RENTON CITY COUNCIL Regular Meeting MINUTES Council Chambers Renton City Hall Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. TERRI BRIERE, Council President; MARCIE PALMER; DON PERSSON; RANDY CORMAN; TONI NELSON; DAN CLAWSON. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL EXCUSE COUNCILMAN DENIS LAW. CARRIED. KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, PlanningIBuildingIPublic Works Administrator; NICK AnALI, Planning and Programming Supervisor; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planner Manager; DON ERICKSON, Senior Planner; LINDA HERZOG, Interim Assistant to the CAO; CHIEF LEE WHEELER, Fire Depanment; MICHAEL BAILEY, Finance and Information Services Administrator; COMMANDER FLOYD ELDRIDGE, Police Department. Nick Afzali, Planning and Programming Supervisor, introduced Washington State Department of Transportation (WSDOT) 1-405 Project Manager, Stacy Trussler, and 1-405 Environmental Project Manager, Allison Ray, who conducted a briefing on the Springbrook Creek Wetland and Habitat Mitigation Bank. Ms. Ray described the location of the bank (west of SR-167 and south of 1-405), which is within the GreenlDuwamish and Cedar/Sammamish watersheds, and noted that all five parcels within the l30-acre bank are currently owned by Renton. Ms. Ray explained that a wetland mitigation bank is wetland restoration set up in advance of project development to compensate for wetland impacts in the service area. The service area is a geographical area where projects can draw from the bank. This banking approach sets aside a larger, connected wetland area with credits that can be sold for wetland mitigation. She pointed out that WSDOT will increase habitat diversity and flood storage capacity at the bank, as well as improve water quality, enhance hydrologic function, and provide educational value. Ms. Trussler reviewed the forthcoming agreements related to the bank between the City and WSDOT, and the terms and timing of the agreements. Additionally, she reviewed agreements needed with other entities, such as King County Drainage District #1. She concluded by detailing the bank project milestones, which indicate construction starting at the end of 2006, and the opening of the bank to the public in the fall of 2008. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public meeting to consider the 10% Notice of Intent petition for the proposed Hudson Annexation; 14.6 acres located west of Benson Rd. S. and south of SE 168th SI. EXHIBITL November 14, 2005 PUBLIC HEARINGS Comprehensi ve Plan: 2005 Amendments, Inclusion of West Hill in PAA Renton City Council Minu". Page 391 Don Erickson, Senior Planner, reported that the western portion of the site is relatively flat, and the eastern portion slopes down toward the headwaters of Soos Creek. He noted that staff recommends the use of King County's 2005 Surface Water Design Manual at the time of development. The site contains 19 single-family homes, 152 multi-family units, and at least one vacant parcel. Reviewing the public services, Mr. Erickson indicated that the site is within Fire District #40, Soos Creek Water and Sewer District, and the Renton School District. Mr. Erickson stated that the site is currently zoned R-S (eight dwelling units per gross acre), R-12, and R-IS in King County. The Renton Comprehensive Plan designates the area as Residential Single Family and Residential Medium Density, for which R-8 (eight dwelling units per net acre) and R-IO zoning is proposed. The fiscal impact analysis indicates a deficit of $52,349 at full development due to the area already being significantly developed, and an estimated one-time parks acquisition and development cost of $138,108. In conclusion, Mr. Eric kson reported that the annexation proposal is generally consistent with City policies and relevant Boundary Review Board objectives. He pointed out that surface water costs are estimated at $3,258 per year, and the City will be responsible for the cost of a traffic signal and other improvements at the intersection of 108th Ave. SE and SE 168th St. Responding to Council President Briere's inquiry regarding the deficit and including more developable land in the annexation area, Mr. Erickson noted that it may be possible to invoke jurisdiction of the Boundary Review Board to expand the boundaries of the site to the north, as the parcels in that area appear to be underdeveloped. Public comment was invited. Terri Arnold, 14700 SE Petrovitsky Rd., Renton, 98058, spoke on behalf of Bruce Hudson, a signer of the petition. She relayed that Mr. Hudson wishes to annex to Renton for the following reasons: timely fire and police service, lower taxes, higher property values, efficient building permit process, and his already deep involvement in the Renton community. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ACCEPT THE HUDSON 10% ANNEXATION PETITION, AND AUTHORIZE CIRCULATION OF THE 60% DIRECT PETITION TO ANNEX SUBJECT TO PROPERTY OWNERS SUPPORTING ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN AND ASSUMING A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS. CARRIED. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider an amendment to the Comprehensive Plan land use map to include the approximately 1,930-acre West Hill in Renton's Potential Annexation Area (P AA). Rebecca Lind, Planner Manager, reported that Renton's original Comprehensive Plan, adopted in 1993, included West Hill in the Renton PAA. The West Hill area was removed from the PAA in 1998 due to uncertainty about the fiscal November 14, 2005 Renton City Council Minuto> Page 392 implications of a possible annexation, As a result of the King County Annexation Initiative, King County established the West Hill Governance Alternatives Task Force to provide citizen input and community dialogue aboUl annexation. She indicated that the task force has asked Renton to consider adding West Hill to its PAA. Ms. Lind stated that King County contracted with Berk and Associates for an analysis of governance options for the West Hill (West Hill Governance Alternatives Assessment). The City subsequently contracted with the same consultants to analyze the impacts of a possible annexation of West Hill (Assessment of the Fiscal Impact of Annexation of West Hill). She pointed out that the information from these reports provides the basis to reconsider the 1998 decision about the PAA boundary. Continuing, Ms. Lind explained that being in Renton's PAA means the City agrees to provide services in the future. and that annexation requests from residents/property owners must be made to Renton and not to another city. Ms. Lind emphasized that adding the area to the P AA is a City decision. Annexation is a property owner and voter decision. and can be conducted via two methods: 60% direct petition or election. She noted that the services and governance of West Hill would remain in King County with the P AA change. In regards to the timing of the proposal. Ms. Lind said the City reviews its Comprehensive Plan once a year per State law. with the only exception being an emergency. If Renton does not act this year. the decision will be delayed for one year. She pointed out that the data from the studies is current to 2005. and no more new data or information will be brought forth over the course of the coming year. Ms. Lind reviewed the fiscal impact study. highlighting the different annexation scenarios of the three areas within West Hill. as well as the long-range fiscal impacts. She stated that staff recommends including the entire West Hill area within Renton's PAA based on infonnation from the studies. which indicate that incorporation of the area is not cost effective. future annexation of a portion of the area is not cost effective. and residents from the entire area identify with Renton. Continuing. Ms. Lind reported that the City made a comparison of the existing King County land use designations to current Renton designations and potential zoning to ensure that the proposed Renton Comprehensive Plan designations are compatible with land use plans currently used for King County governance. She noted that Renton zoning would be determined at the time of annexation. In conclusion. Ms. Lind stated that the addition of West Hill in Renton's PAA can be accommodated within existing land use categories. that designating the area as part of the PAA will allow future discussion of annexation to occur. and that negotiation over future annexation will require additional analysis of funding and level of service requirements. Ms. Lind reported that the Planning Commission received correspondence stating positions on this matter as follows: Oppose: Christopher Sandford. 7535 S. Sunnycrest Rd .. Seattle. 98178. and Maxine Woodcock. 7829 S. 112th St.. Seattle. 98178; Support: James Fick. 10644 Rainier Ave. S .• Seattle. 98178. and Brian J. Skaggs. 10932 Rainier Ave. S., Seattle. 98178. Entered into the record was correspondence from Philip Martin. 12022 Renton Ave. S., Seattle, 98178 (oppose). and Dorothy L. Streuli, 7235 S. I 27th SI., November 14,2005 Renton City Council Minu~ ... ;:, Page 393 Seattle, 98178 (support); and a telephone call expressing opposition from Donna Hoffman, 12023 67th Ave. S., Seattle, 98178. Additionally correspondence was read from King County Executive Ron Sims, 70 15th Ave., Suite 3210, Seattle, 98104, expressing support for the proposal. Public comment was invited. The following people spoke in opposition to including West Hill in Renton's PAA: Lorraine A. Knight, 7242 S. 126th St., Seattle, 98178; Steve Brozowski, 8228 S. 134th St., Seattle, 98178; Steve Gray, 8414 S. 115th PI., Seattle, 98178; Ken Noll, 7731 S. Sunnycrest Rd., Seattle, 98178; Stanley Nanevicz, 8418 S. 134th St., Seattle, 98178; Gurine Nordby, 6234 S. 119th St., Seattle, 98178; James Moe, 8005 S. I I 7th St., Seattle, 98178; Elaine Chandler, 8207 S. 132nd St., Seattle, 98178; and Michael Coyote, 10608 Rainier Ave. S., Seattle, 98178. Comments from opponents included: there is a preference for leaving the area the way it is (in unincorporated King County); annexation to Renton does not have widespread public support; West Hill task force members are not democratically elected and their recommendation is being forced upon area residents; there will be a revenue loss to Renton ifthe area is annexed, resulting in increased taxes and utilities; there will be a decrease in property and house values due to having a Renton rather than Seattle address; the number of residents surveyed by the consultants only amounted to approximately 3% of the area's population; there is a need for more review of the matter; there is concern regarding the length of time a signature is on an annexation petition; Seattle and Tukwila are shopping destinations, not Renton; there are concerns regarding provision of fire and police service; there are concerns regarding the reduction of library services; there is a lack of knowledge about the task force; inclusion in Renton's PAA precludes West Hill residents from annexing to another city; and West Hill identifies more with Seattle. The following people spoke in support of the proposal: Suzann Lombard, 10637 Rainier Ave. S., Seattle, 98178; David Paul Zimmerman, 7003 S. 132nd St., Seattle, 98178; James Routos, owner of a Skyway-area business, 11829 Renton Ave. S., Seattle, 98178; Wally Adams, 10729 Crestwood Dr. S., Seattle, 98178; Senator Margarita Prentice (Ilth District), 6245 S. Langston Rd. Seattle, 98178; Sylvia Bushnell, governance task force co-chair, 7119 S. 129th PI., Seattle, 98178; Dave Pardey, Skyway Park Bowl owner and member of governance task force, 24932 136th Ave. SE, Kent, 98042; Ann Uhrich, 8420 S. 115th St., Seattle, 98178; Elissa Benson, King County Executive's office, 701 4th Ave., Suite 3200, Seattle, 98104; Kathleen Royer, West Hill unincorporated area council member, 10841 Rustic Rd. S., Seattle, 98178; Sheila Blech, 10832 Lakeridge Dr. S., Seattle, 98178; Kathleen Sidwell, 7034 S. 127th St., Seallle, 98178; Paul Schorr, 8210 S. 114th St., Seattle, 98178; Donald Sorenson, 7126 S 130th St .. Seattle, 98178; and Celeste DaVault, West Hill unincorporated area council president and member of governance task force, 11232 Auburn Ave. S., Seattle, 98178. Comments from proponents included: a proposed pocket park at 10602 Rainier Ave. S. may benefit from Renton's Neighborhood Program and be a positive addition to Renton; there is support for the process but more information is needed for a decision on annexation; the area already identifies with Renton; businesses in Skyway will be better served by Renton and better able to develop a vibrant economy thereby increasing City revenue; Renton is the logical city to annex to; there are concerns regarding infrastructure improvement costs and November 14,2005 Renton City Council Minu. __ Page 394 utility providers; the entire area should be annexed together; continued discussions on the matter are encouraged; there are more taxes in Seattle; Sound Transit projects will have a positive impact on land values; there is a desire for the revitalization of the Skyway business district; police and fire service will remain the same or improve; there is a need to think about the future; a survey conducted in 2000 found Renton was the preferred City if the area had to be annexed; Renton's leadership is important in the handling of its PAA; West Hill is within the Renton School District; the library is important to West Hill residents; things are not going to stay the same; police response times in King County are poor; the area should remain in the King County Library System; sewer projects are currently taking place in West Hill; the Skyway Water and Sewer District is on record in favor of annexation to Renton; and there is a need for the involvement of the community in future annexation discussions. Additional comments on the proposal were made by: Doug Silva, 8050 S. 114th St., Seattle, 98178; Jeff Dixon, 6804 S. Langston Rd., Seattle, 98178; and Linda Stewart, 8425 S. 113th St., Seattle, 98178. They remarked on the need for more information to detennine the best city to annex to -Seattle or Renton; the top-driven decision making rather than people-driven; the Growth Management Act directive that PAAs be detennined by a consultation process with the cities surrounding the areas, the county, and the affected residents; concern that the proposal is being rushed; the need for additional time before a decision is made; and concern regarding the potential change of status of the employees at the Skyway Post Office. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL RECESS FOR FIVE MINUTES. CARRJED. A break was taken at 8:58 p.m. The meeting reconvened at 9:05 p.m.; roll was called; all Councilmembers were present except Law, previously excused. Council and staff made the following comments and clarifications in response to the speakers' questions and concerns: -An annexation petition is not pending at this time; however, if annexation is pursued it will most likely be carried out via the election method rather than the petition method. -Petition signatures are only valid for 180 days. -The City would work with the area's fire district regarding fire service provision, and with King County regarding provision of library services. -Property values may be affected more by physical location of dwelling, rather than by the address. -The task force study found that Seattle would close the Bryn Mawr fire station, as well as the Skyway library. -Renton's fire department will be able to serve West Hill with equal or better service without the Bryn Mawr fire station, and will continue to operate the Skyway fire station and use the training facility. -The City has coordinated with the cities of Seattle and Tukwila with regard to the West Hill area. -In regards to the timing of the proposal, Renton is responding to a Comprehensive Plan Amendment request by the governance task force, which is one in a package of proposed amendments. The subject amendment can be removed and considered during next year's Comprehensive Plan cycle. November 14,2005 Planning: Highlands Sub-Area Plan Study Area Moratorium Renton City Council MinL c Page 395 There being no further public comment, it was MOVED BY PERSSON, SECONDED BY NELSON, COUNCil.. CLOSE THE PUBLIC HEARING. CARRIED. Mayor Keolker-Wheeler noted that Committee of the Whole will discuss this matter next Monday at 5:00 p.m. The public is invited to attend; however, comment will not be accepted. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider a six-month extension of the moratorium on new development in the R-IO (Residential-ten dwelling units per acre) and RM-F (Residential Multi-Family) zones in the Highlands Sub-Area Plan study area generally located between Aberdeen Ave. NE and Monroe Ave. NE, and between NE 23rd St. and NE 5th PI. Rebecca Lind, Planner Manager, stated that a modification is proposed to properties affected by the original moratorium. She explained that during the last six months, several property owners in the R-IO-zoned area on Monroe Ave. NE presented new information regarding the existence of covenants restricting the use of these properties. As a result, staff recommends that the R- IO area located on Monroe Ave. NE, which is subject to the covenants, be excluded from the extended moratorium. Ms. Lind reported that exclusion is also requested of a R-IO-zoned area that is part of a condominium development in the northern portion of the study area. In addition, she indicated that continuance of the exemption from the moratorium is still recommended for Renton School District properties, R-8- zoned single-family neighborhoods, and commercially zoned areas that encourage mixed-use residential and commercial development at higher densities. Continuing, Ms. Lind explained that the moratorium extension will allow time for staff to continue work on the sub-area plan, and to complete the analysis of various land development and zoning options. She noted that an open house will be held on November 15th, where information will be presented regarding existing housing stock and conditions, ownership characteristics, existing infrastructure, and conceptual land use alternatives. Public comment was invited. Keith Thompson, 660 Index PI. NE, Renton, 98056, reported that he owns three properties in the area, including his residence, and favors increased density in the Highlands. Mr. Thompson expressed concern about the moratorium extension, saying that he is reluctant to make the financial investment to improve his properties, if in a short period of time he will be tearing his buildings down. He stated his plan to retire next year, and noted the financial interest he has in his properties, and his concern as to how he is going to plan for and invest in the development of his properties during this process. Heidi Beckley, 806 Index Ct., NE, Renton, 98056, expressed her support for the moratorium, noting that planning ultimately leads to more livability. Glenda Johnson, 1216 Monroe Ave. NE., Renton, 98056, stated her agreement with the removal of the properties affected by the restrictive covenants from the moratorium area. November 14, 2005 Budget: 2006 Revenue Sources & Preliminary Budget Renton City Council Minu. __ Page 396 Councilman Persson and the Mayor sympathized with Mr. Thompson's concerns with regards to planning. Economic Development Administrator Alex Pietsch noted the future possibility of the upzone of Mr. Thompson's property. Councilwoman Nelson noted the possibility that the moratorium may end prior to the six-month term. Councilman Corman encouraged property owners to continue to maintain and improve their properties. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED (See page 399 for resolution.) This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the 2006 revenue sources and preliminary budget. Michael Bailey, Finance and Information Services Administrator, stated that the total 2006 Budget is approximately $171.2 million, and of that, approximately $72 million is the General Government budget provided mostly by taxes. He explained that the property tax limit the City is able to assess is $3.60 per $1,000 of assessed valuation; however, the 1 % increase in total taxes on the existing tax base causes the actual levy amount to drop. Mr. Bailey noted that the City began to control the growth in property taxes prior to State Initiative 747. Mr. Bailey reported that the City's total tax assessed valuation increased by just over 10%, and over the last decade it has increased an average of 9% per year. The City receives 27% ofthe total property taxes collected within the City, and allocates those taxes to a variety of services. In regards to sales tax, Mr. Bailey stated that the City receives less than 10% of the total sales tax collected within the City, and sales tax receipts have grown 43% over the past ten years. Additionally, he noted that utility taxes have experienced a slow but steady climb over time. Continuing, Mr. Bailey explained that the expenditure of the funds to provide services are tied to Renton's Business Plan. The proposed 2006 Budget maintains existing service levels, contains no new taxes, does not require reserves to balance, and updates user fees. The budget proposal adds the following: three police officers; one fire inspector; one fire support staff; matching funds for a Federal grant for a potential of three additional firefighters; Municipal Court security measures; and costs associated with the new Maplewood Water Treatment Facility, which includes two staff positions. In conclusion, Mr. Bailey stated that in the non-general government areas, user fees are the exclusive source for paying for services. In order to pay for the increased cost of those services, some utility rate increases are proposed. Public comment was invited. Heidi Beckley, 806 Index Ct., NE, Renton, 98056, stated that the Renton public library has been without a director for one and one-half years, and she asked that the position be added to the 2006 Budget. Pointing out that the City has advertised to replace the Museum Supervisor, Ms. Beckley suggested that rather than hiring a Museum Supervisor, the Library Director position be filled first. She expressed her appreciation for the museum, but noted that in a City services survey, citizens rated the importance of the library higher than the November 14,2005 ADMINISTRATIVE REPORT CONSENT AGENDA Council Meeting Minutes of 111712005 EDNSP: 2005 Neighborhood Grant Program Comprehensive Plan: 2006 Amendments, Pre- Applications CAG: 04-098, Airport Apron C Utilities Conversion, Poteleo Utility: Renton Village Storm System Improvement, Gray & Osborne CORRESPONDENCE Citizen Comment: Laulainen - North Renton Neighborhood, Truck Traffic Renton City Council Min Page 397 museum. Ms. Beckley stressed that the importance of the library to the community should take precedence over any favoritism for the museum. Council members Connan and Clawson assured that the matter will be discussed. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City'S recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: • The Hassle Free Holiday Bazaar will be held on November 18th and 19th at the Community Center, where a wide variety of handcrafted items will be sold by over 100 vendors. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 1117/2005. Council concur. Economic Development, Neighborhoods and Strategic Planning Department reported submission of grant applications for the 2005 Neighborhood Grant Program (second round) and recommended funding five projects and one newsletter in the total amount of $17,446. Refer to Community Services Committee. Economic Development, Neighborhoods and Strategic Planning Department submitted four pre-applications for the 2006 Comprehensive Plan Amendment pre-application review process. Refer to Planning and Development Committee. Transportation Systems Division submitted CAG-04-098, Airport Apron C Utilities Conversion: and requested approval of the project, commencement of 60-day lien period, and release of retained amount of $15,132.89 to Poteleo, Inc., contractor, if all required releases are obtained. Council concur. Utility Systems Division recommended approval of a contract in the amount of $141,039 with Gray & Osborne, Inc. for engineering services for the Renton Village Storm System Improvement project. Council concur. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Correspondence was read from Angelina Laulainen, 314 Garden Ave. N., Renton, 98055, expressing concern regarding the potential increase in truck traffic in the North Renton neighborhood as a result of the development of the Lakeshore Landing project, and suggesting ways to inform truck drivers of the appropriate truck routes. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THIS CORRESPONDENCE TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. November 14,2005 UNFINISHED BUSINESS Committee of the Whole Planning: Boeing Subdistrict 1B Conceptual Plan Finance Committee Finance: Business License Fee Reporting Period Finance: Vouchers Renton City Council Min Page 398 Council President Briere presented a Committee of the Whole report recommending concurrence with the staff recommendation to adopt the conceptual plan proposed by The Boeing Company for the potential redevelopment of 50.7 acres of Boeing property in the South Lake Washington area known as Subdistrict IB with the conditions outlined below. The northern 21.2 acres of property is expected to become surplus and brought forward for redevelopment in the immediate future. This property is under a "right of first refusal" agreement with Harvest Partners, the owner and developer of the 46 acres of property formerly owned by Boeing immediately adjacent to this property to the north. Boeing proposes that this initial parcel be developed with as much as 270,000 square feet of retail. The remaining property is expected to be retained by Boeing for five to ten years. However, upon redevelopment, as much as 900,000 square feet of lab andlor office, as well as some additional retail and multi-family housing anticipated to be sold and reoccupied by other companies, could be developed in and around the 660,000 square feet of existing office buildings. To enhance the plan and its consistency with the vision and policies for the Urban Center-North designation adopted in the Comprehensive Plan, the following conditions should be imposed on the conceptual plan: I) Park Ave. N. be designated as a "pedestrian-oriented street," to ensure an urban form of development and provide pedestrian linkages between the subdistrict and the planned retail/entertainment center expected to be developed to the north, and 2) A transit facility be an allowed use in the immediately available property, if funding for such a facility emerged and it was developed in a way that was supportive of surrounding redevelopment and supported by the property owner(s). The envisioned retail and employment center resulting from the redevelopment proposed under the conditioned conceptual plan will have positive economic and social impacts for the City as a whole. As outlined in the 2003 development agreement with Boeing, all subsequent land use applications related to this property will be checked against this document for consistency prior to approval. Pointing out that the committee report pertains only to the conceptual plan, Council President Briere assured that the City wiiJ continue to discuss the concerns expressed about the transportation plan for this area. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRlED. Councilman Persson announced that the Finance Committee report and ordinance regarding the business license fee reporting period will be held until November 21st. Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 242498 -243017 and three wire transfers totaling $3,445,995.68; and approval of Payroll Vouchers 60666 -60884, one wire transfer, and 602 direct deposits totaling $2,003,123.98. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRlED. November 14,2005 Communi tv Services Committee Appointment: Municipal Arts Commission RESOLUTIONS AND ORDINANCES Resolution #3781 Planning: Highlands Sub-Area Plan Study Area Moratorium ADJOURNMENT Recorder: Michele Neumann November 14,2005 Renton City Council Min Page 399 Community Services Committee Chair Nelson presented a report recommending concurrence in the Mayor's appointment of Denise Bisio to the Municipal Arts Commission for a three-year term that expires 1213112007, replacing Diana Hagen who resigned in 2004. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read establishing facts, extending a moratorium on new development in the R-1O and RM-F zones within the Highlands Sub-Area Plan study area, and establishing a termination date of 5/14/2006 for the moratorium. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 10:16 p.m. 1Stt-rt,//'t,t!&' vi. tv' a.etitrw Bonnie I. Walton, CMC, City Clerk RENTON CI' COUNCIL COMMITTEE MEETl . CALENDAR Office of the City Clerk COUNCIL COMIvlll TEE MEETINGS SCHEDULED A I CITY COUNCIL MEETING November 14, 2005 I COMMITTEE/CHAIRMAN DA TEITIME COUNCIL BUDGET WORKSHOP TUES., 11122 9:00 a.m. COMMIITEE OF THE WHOLE MON., 11121 (Briere) 5:00 p.m. COMMUNITY SERVICES (Nelson) FINANCE (persson) PLANNING & DEVELOPMENT (Clawson) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) THURS., 11117 2:00 p.m. MON., 11121 THURS., 11117 3:30 p.m. THURS., 11117 4:00 p.m. AGENDA 2006 Budget Deliberations *Conferencing Center* Comprehensive Plan Amendments Regarding West Hill; 2006 Budget Deliberations Rosario Ave. SE Street Vacation (briefing only); 2006 Comprehensive Plan Amendment Pre-Applications; 2005 Comprehensive Plan Amendments CANCELLED SR-167 HOT Lanes & Conidor Study (WSDOT briefing only) 1-405 to SR-169 Ramp Alignment Concurrence with WSDOT; 2006 System Development Charges & Annexation Fee; Central Plateau Interceptor Phase II Contract with Roth Hill Engineering; Robert West Request for Release of Easement NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. • Policy LU-301. Ensure that big-box [large-format] retail functions as an anchor to larger, cohesive, urban-scale retail developments. Redevelopment under the Sub-district 1A Master Plan would include destination retail stores. Such stores are proposed to be located in anchor positions, generally in the east and south portions of the property. A system of pedestrian paths and connections and a coordinated design and landscaping theme would seNe to insure a cohesive urban neighborhood. • Policy LU-303. Encourage pedestrian-oriented development. The Sub-district 1A Master Plan includes provisions for pedestrian connections within the site and to surrounding areas (including to future Sub-district 18 redevelopment). N. 1(jh Street between Logan Avenue N. and Park Avenue, and "Entertainment Boulevard" are intended to be pedestrian streets. Pedestrian , amenities would be provided along a/l pedestrian-oriented streets. The frontages of retail shops would feature promenades with a series of pedestrian-oriented modes .. Pedestrian routes would also be provided through surface parking lots (see Figure 1-3 in this Consistency Analysis). • Policy LU-304. Support urban forms of setback and buffering treatment such as: a) Street trees with sidewalk grates, b) Paving and sidewalk extensions or plazas, and c) Planters and street fumiture. Under the current Master Plan, landscaping would be provided throughout Sub- district 1A to reinforce the design theme, guide pedestrian and vehicular Circulation, soften paved areas, create pocket garden spaces, and provide climatic relief in parking lots and sidewalk zones. Street tree spacing would be coordinated with the City of Renton roadway plans. Specific landscape plans would be submitted with individual building permits and the residential site plan application. The amount and placement of landscaping would meet or exceed the City's minimum design guidelines. Other urban forms of setback and buffering would also be provided. A large central courtyard would span across the street and link with the adjacent retail uses in "The Landing Place", an entertainment district proposed in the northwest comer of the property. Unique paving would be incorporated into "Market Lane", a marketplace zone proposed in the central portion of the property. Pedestrian- oriented nodes featUring seating, landscape planting, lighting and hardscaping would be featured in "The Walk", a large-scale retail district proposed in the east and south parts of the property. Specialty frontage paving would also extend into the parking areas to expand the pedestrian character of this district. Street furniture would be provided at appropriate locations throughout the development • Policv LU-306. Support parking at-grade in surface parking lots only when structured or under-building parking is not market viable. Boeing Renton Sub-district 1A Environmental Consistency Analysis May,2006 EXHIBITM 2-15 3 4 5 6 7 BEFORE THE HEARING EXA.MINER OF THE CITY OF RENTON 8 In the Matter of the Appeals of ) ) 9 Alliance for South End (ASE) re: ) ) 10 The Director's Administrative Decision ) Designating The Landing Master Plan ) II Application a Planned Action ) ) 12 The Director's Master Site Plan Approval ) ) 13 ------------------------------) Alliance for South End (ASE) and ) 14 Brad Nicholson re: ) ) 15 The Director's Administrative Site Plan Approval) and Interpretation/Policy Decision ) 16 ) NO. LUA-05-136, SA-A, SM NO. LUA-05-136, SA-M NO. LUA-06-071, SA-A STJPULA TION AND ORDER 17 l. RECITALS 18 1. Applicant Harvest Partners has applied for approvals related to a mixed-use 19 commercial and residential project known as The Landing, which includes retail, office, 20 entertainment, restaurant, hotei and resident:al uses with associated parking on approximately 47 21 acres ofland within the City of Renton, which is more particularly described in Exhibit A, which is 22 attached hereto and incorporated herein by this reference ("The Landing Project"). The Site Plan for 23 The Landing Project contains Quadrants A, B, and C, as depicted on Exhibit B, which is attached 24 hereto and incorporated herein by this reference. 25 2. Target Corporation, a Minnesota corporation ("Target"), has applied for a building 26 permit to construct a retail store in Quadrant C of the Landing Project, which is depicted as Building STJPULA TlON -I Y:\WP\ASE\sETTLEMENl\VEST1NG SE'ITLEMENT AGREEMENTS\l20406\ASE TARGET STIPULATION 12040G FINAL,DOC EXHIBITN Buck (:I Gord on LLP 2025 Ftrst Ayenue, SUIte 500 Seilnle, WA 96121 (206) 382-9540 100 on the site plan attached hereto as Exhibit C and incorporated herein by this reference (the 2 "Quadrant C Site Plan"). Target's plans include construction of a principal use store, roads, 3 driveways, access ways, utilities, street improvements, drive aisles, parking, and loading as may be 4 required in Target's reasonable discretion to construct, occupy and operate its retail store 5 (collectively referred to herein as "Target's Landing Project"), all as shown on Exhibit D, which is 6 attached hereto and incorporated herein by this reference. 7 3. Harvest Partners has applied for building permits to construct additional retail 8 structures in Quadrant C, including Buildings 103 and 104 as depicted on the Quadrant C Site Plan. 9 4. Target's Landing Project and Buildings 103 and 104 are collectively referred to herein 10 as the "Vested Developments" and are shown on Exhibit D hereto. I I 5. All of the parties hereto have entered into a separate settlement agreement of even 12 date herewith ("Settlement Agreement") related to the Vested Developments. 13 6. The above entitled causes have the potential to affect the Vested Developments and 14 the parties want to avoid any such effect. 15 7. In accordance with the Settlement Agreement, the parties desire to enter this 16 stipulation related to the above entitled causes. 17 II. STIPULATION 18 IT IS HEREB Y STIPULATED by and between the parties hereto, by and through their 19 counsel of record, that: 20 1. The above entitled causes and allegations therein do not pertain to and shall have no 21 effect upon the Vested Developments. The Vested Developments are hereby deemed vested as of the • 22 date of filing of their respective building permit applications, and may proceed with the building 23 pemlit process and, thereafter, to construction, occupancy and operation regardless of the outcome of 24 the above entitled causes; and 25 26 2. ASE and Nicholson reserve all of their claims as to all portions of The Landing Project other than the Vested Developments, including without limitation Buildings 101 and 102 as STIPULATION - 2 Y:\WP\A.S8SE1TLEMENT\VESTING SE'nLEMENT AGH.i::E~fENTS\120406\ASE TARGET STIPULATION [10406 FINAL,DOC Buck5 Gordon u.p 2025 First Avenue. Suite 500 5ealtie, WA 98121 (206) 382·9540 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 depicted on the Quadrant C Site Plan and Quadrants A, B, and D. The Parties all agree that the Settlement Agreement and this Stipulation and Order shall not preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project and no party shall assert any position to the contrary. .... ~ DATED this (p day of December, 2006 CITY OF RENTON By Zane L. Fontes, WSBA #9604 As . tant City Attorney BUCK & GORDON, LLP By (SEE ATTACHED) Peter S. Buck, WSBA #5060 Attorneys for Petitioners Brad Nicholson and Alliance for South End (ASE) . HILLIS CLARK MARTIN & PETERSON, P.S. By . (SEE ATTACHED) Jerome L. Hillis, WSBA #1704 T. Ryan Durkan, WSBA #11805 Karen D. Breckenridge, WSBA #36666 Attorneys for Applicant Harvest Partners [REMAINDER OF PAGE IS INTENTIONALLY BLANK] STIPULATION - 3 Y;IWPlASElSClTLEMENTWESTING SElTLEMENT AGREEr"lENTSI120406IASE TARGET STIPULATION 120406 FINAL. DOC Buck eo Gordon LLP 2Cl25 First Avenue, Suite sao Seattle, WA 9S' 21 (206) 342·9540 2 3 4 5 6 7 8 9 10 II 12 J3 14 15 16 17 18 19 20 21 22 23 24 25 26 depicted on the Quadrant C Site Plan and Quadrants A, B, and D. The Parties all agree that the Settlement Agreement and this Stipulation and Order shall not preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project and nO. party shall assert any position to the contrary. DATED this £Of December, 2006 STIPULATION -3 CITY OF RENTON By (SEE ATTACHED) Zanetta L. Fontes, WSBA #9604 Assistant City Attorney By v Peter .Bu~k, WSB Attorneys for Petitioners Brad Nicholson and Alliance for South End (ASE) HILLIS CLARK MARTIN & PETERSON, P.S. By (SEE ATTACHED) Jerome L. Hillis, WSBA #1704 T. Ryan Durkan, WSBA #11805 Karen D. Breckenridge, WSBA #36666 Attorneys for Applicant Harvest Partners [REMAINDER OF PAGE IS INTENTIONALLY BLANK) Buck I} Gordon LLP Y:\ WP\ASE'SEn'LEMENT\VEST1NG SETTLEMENT AG~EH·IENT5\120406\ASE TARGET STIPULATION 120406 FrNAL.DOC 2D25 First Avenue. 5uil~ 500 SeaH!e, WA 98121 [206) 362·9540 2 3 4 5 depicted on the Quadrant C Site Plan and Quadrants A, B, and D. The Parties all agree that the Settlement Agreement and this Stipulation and Order shall not preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project and no party shall assert any position to the contrary. 6 DATED this __ day of December, 2006 7 CITY OF RENTON 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 STIPULATION - 3 By (SEE ATTACHED) Zanetta L. Fontes, WSBA #9604 Assistant City Attorney BUCK & GORDON, LLP By (SEE ATTACHED) Peter S. Buck, WSBA #5060 Attorneys for Petitioners Brad Nicholson and Alliance for South End (ASE) HILLIS CLARK MARTIN & PETERSON, P.S. By~~~~~~~~~~~~~~ Jerome 1. i1!is WSBA 1704 T. Ryan Durk ,WSBA # 11805 Karen D. Breckenridge, WSBA #36666 Attorneys for Applicant Harvest Partners [REMAINDER OF PAGE IS INTENTIONALLY BLANK] Buckc-Gordon LLP Y:\WP\ASE\SEnOLEMENnVEST1NG SETTLEMENT /\GREE1 .... 1ENTS\12D406\ASE TARGET STIPULATION ]20406 FlNAL.DOC 2025 FIrst Avenue, Suite 500 Seanle, WA 9B121 (20b) 382·9540 JAN 1 9 2007 III. ORDER 2 Pursuant to the foregoing Stipulation of the parties, it is hereby ORDERED that: 3 1. The above entitled causes and allegations therein do not pertain to and shall have no 4 effect upon the Vested Developments. The Vested Developments are hereby deemed vested as of the 5 date of filing of their respective building pennit applications, and may proceed with the building 6 pennit process and, thereafter, to construction, occupancy and operation regardless of the outcome of 7 the above entitled causes. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. ASE and Nicholson reserve all of their claims as to all portions of The Landing Project other than the Vested Developments, including without limitation Buildings 101 and 102 as depicted on the Quadrant C Site Plan and Quadrants A, B, and D. The Settlement Agreement and this Stipulation and Order shall not preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project and no party shall assert any position to the contrary. . qA/ ; ,,1\.-~/ \ 1-Dol DONE this lL day of~ 2QQ6. City of Rento STIPULA nON - 4 Y:IWP\A5E1SEITLEMEN1WESTING SElTLEMENT AGREEMENTSI120406IASE TARGET STIPULATION 120406 FINAL.DOC - Bucke Gordon LLP 2025 First Avenue, S\.Iile 500 Seanle. WA98121 (2061362-95"0 EXHIBIT A LEGAL DESCRIPTION OF LANDING PROJECT Lot2A and Lot 3A of Boeing Lakeshore Landing Lot Line AdjuSlmcnt No. LUA-06-004, recorded May 10, 2006 under Recording No. 20060510900003; Together with Lot IA and Lot 4A Boeing Lakeshore Landing Lot Line Adjusunent No. LUA-06-057-LLA, recorded August 8, 2U06 under Recording No. 20060808900001; Situate in the County of King, Slate of Washington. y \\VJ>\ASE\sETTLJ!M£NTWESTING SI:.LTlD>1ENT "GII.EF.MENTS\I!()4()(,\snI'ULA nON AND ORnER E).'lIBiTS DOC • u ( \ --:=<= Z <t: -l ~ w U ~ -~ rFl -~ u ..... ::t ~ ~ z ~ ~ Q ~ ~ 01 EXHIBlTD THE VESTED DEVELOPMENTS \-: __ <~:~~;;'~~_ :~~r,), (-.?Z:~1-'f -.' ,,' -:. -' \" I '~'~< '. ':,' '," ,0';~i:;'c' l};.<:' it \ ~ li~\ b'Y:\:, ~ ,.' (~;:;~\ 1,1 p\ ", ':', \\C0\\ II : L·, ;,' ",.'.... \ "'~~" ,';, , i: ' . '-L> "".' , \\ ,c' '-;\ I L: \ .f' ',/ ,,~ - I ~ :~-~::=-,,;:j" .•... -, __ -.' " :' ~ I i~ ~'/~::t./-f: .. ,///~~ I bl ,;1/: 100, lID~, :1 _ ',' of"" if : ! I -:,1":JII I'l~" ,,----~,.~. ---' " .~~" - -_., _ ... ____ ,:1 '" \\\'J'\AS8SETTLEMENTWESTlNC'J SETTLJ;.'>IENT AGREEMENT!i\I"!O .. I()6\STIPULATIOt-l AND ORDER EXJIIBITS DOC Utilitil.:S ltlr alll!f(JlIl.lI.1rallt (" nct.·pt lI1;lil~ 1.:(lllllC(linlls \0 Bllildin~~ j() I l'l.: 1112 011\': con~idt.:rt..:Ll part ~lr Ihl" \'l':~lt.:d Ik\ch'jlllK"llb. t"nlss-II,lll-llillg iUllarkil1g an.:as is lint imcndcd 10 prl'dud~ Ihl' insl111hlli(111 (}1·~1I11l. skkw:llk. or land"'l.llling in IIIH~C' an.::ns. ~ , \ ~ ~ ,dmkd h"n! \·L.....,~'ll ~ Ik\dl1]'1Th.:nb t"l ~ ~ ~ o SETTLEMENT AGREEMENT AND RELEASE THI~ SETTLEMENT AGREEMENT ("Agreement") is entered int~ this Itf'id~y of December, 2006, by and between TRANS WESTERN HARVEST LAKESHORE LLC, a Delaware Lmlltefuab,hty Company ("Harvest"); ALLIANCE FOR SOUTH END, a Washington non-profit corporation ("ASE"), and Brad Nicholson, an individual ("Nicholson") (collectively, "Appellants"); WEA SOUTH CENTER LLC, a Delaware limited liability company ("Westfield"), the CITY OF RENTON, a municipal corporation organized under the laws of Washington ("City"), and TARGET CORPORATION, a Minnesota corporation ("Target"). RECITALS A. Harvest has filed for approvals related to a mixed-use commercial and residential project known as The Landing in Renton, Washington, which includes rctail~ office, entertainment,-restaurant, hotel and residential uses with associated parkillg 011 approximately 47 acres of land within the City of Renton, Washington, which is more particularly described in Exhibit A, which is attached hereto and incorporated herein by this reference ("The Landing Project"). The Site Plan for The Landing Project contains Quadrants A, B, and C, as depicted on Exhibit B, which is attached hereto and incorporated herein by this reference. B. On May 12, 2006, the City of Renton Development Services Division issued a determination designating Harvest Partners' application for Administrative Master Site Plan approval for the Landing Project as a Planned Action ("Director's Planned Action Decision"). On May 19,2006, the City of Renton Department of Planning, Building and Public Works issued a decision approving the Master Site Plan for The Landing Project (File No. LUA-05-136, SA-M) ("Director's Masler Plan Decision"). C. On or about May 26, 2006, ASE filed appeals ofthe Director's Master Plan Decision and the Director's Planned Action Decision (collectively, the "Master Plan Appeals"). On September 6, 2006, the Hearing Examiner issued a decision dismissing the Master Plan Appeals. ASE's appeal oflhe Hearing Examiner's decision is currently pending before the Renton City Council. SETTLEMENT AGREEMENT PAGE 1 of II Y:\WPIASE\SETTLEMENTWESTING SETILEMENT AGREEMENTS\1Z0406\ASE TARGET SETTLEMENT 120606 FINALDOC • D. On July 17,2006, the City Development Services division issued an administrative determination relating to modification of setbacks in the Urban Center-North I Zone ("Director's Administrative Zoning Interpretation"). The Landing Project is located in the Urban Center-North 1 Zone. E. On August 17,2006, the City's Development Services Director issued a decision approving the Site Plan for The Landing Project (LUA-06-07I, SA-A) ("Director's Site Plan Decision"). F. ASE and Nicholson filed appeals of the Director's Site Plan Decision and the Director's Administrative Zoning Interpretation. These appeals, currently pending before the Renton Hearing Examiner, together with the Master Plan Appeals, are collectively referred to herein as the "Appeals". G. Target has applied for a building permit to construct a retail store in Quadrant C of The Landing Project, which is depicted as Building 100 on the sile plan altached hereto as Exhibit C and incorporated herein by this reference ("Quadrant C Site Plan"). Target's plans include construction ofa principal use store, roads, driveways, access ways, utilities, street improvements, drive aisles, parking, and loading as may be rcquired in Target's reasonable discretion to construct, occupy and operate its retail store, all as shown on ExJ,ibit D (collectively referred to herein as "Target's Landing Project"). Harvest has applied lor building permits to construct additional retail structures in Quadrant C, including Buildings 103 and 104 as depicted on the Quadrant C Site Plan and Target considers Buildings 103 and 104 to be critical to the success of Target's Landing Project. Target's Landing Project and Buildings 103 and 104 are collectively referred to herein as the "Vested Developments" and are shown on ExJ,ibit D, which is attached hereto and incorporated herein by Ihis reference. H. Target desires to proceed with the development of Target's Landing Project, and desires assurances that development of Target's Landing Project and Buildings 103 and 104 may proceed in accordance with the Director's Site Plan Decision, the Director's Planned Action Decision, the Director's Master Plan Decision, and the Director's Administrative Zoning Interpretation (collectively, the "Director's Decisions") notwithstanding the outcome ofthe Appeals or any future actions or challenges that may be brought by Westfield and Appellants. I. Target believes that the Target's Landing Project and Buildings 103 and 104 are generally in conformance with applicable laws and regulations and Westfield and Appellants are supportive of Target moving forward with the Target's Landing Project without waiving any of their rights with respect to the remaining portions of The Landing Project. SETTLEMENT AGREEMENT PAGE 2 of II Y:\WP\ASE\sETTLEMENTWESTING SETTLEMENT AGREEMENTS\l204Q6\ASE TARGET SETTLEMENT 120606 FINAL DOC J. Recognizing the costs and inherent risks oflitigation, the parties desire to resolve and settle Appellants' claims insofar as they affect Target's Landing Project. AGREEMENTS Now, THEREFORE, in consideration of the following mutual promises and the payment by Target to Westfield and Appellants orOne Dollar ($1.00), receipt of which is hereby acknowledged, the parties agree as follows: 1. VESTING. The parties hereto agree (a) the Vested Developments are deemed to be vested as of the date offiling of their respective building permit applications and will not be subject to any appeals by Appellants; and (b) Target and Harvest may pursue their building permits and apply for any and all other necessary construction and occupancy permits and approvals for the Vested Developments, and the City may isslle such permits and approvals, in accordance with the Di<ecto<'s Decisiolls, no matter the outcome of any ofthe Appeals or any future appeals or challenges related to The Landing Project. Simultaneous with the execution of this Agreement, the parties shall execute and file a Stipulation and Order in each orthe Appeals substantially in the form attached hereto as Exhibit E, which is incorporated herein by this reference. 2. No APPEALS. Neither Westfield nor Appellants will appeal, challenge, contest or oppose, or provide support or funding for any other person or entity to appeal, challenge, contest or oppose, the approvals for the Vested Developments or the issuance of any building permits or any other construction or occupancy permits or approvals for the Vested Developments. 3. RELEASE OF CLAIMS AS TO THE VESTED DEVELOPMENTS. With respect to the Vested Developments, Westfield and Appellants on their own behalf and on behalfofany of their respective members, predecessors, successors, affiliated entities, agents and assigns, hereby release any claims and forever discharge Target, Harvest and the City and their respective members, predecessors, successors, affiliated entities, agents and assigns from any and al1liabilities, demands, damages, claims, actions or causes of action, at law or in equity, of whatever kind or nature, known or unknown, suspected or unsuspected, which Westfield or Appellants have or may have, now or any time in the future, by reason orany acts or omissions occurring prior to the date this Agreement is executed. With respect to the Vested Developments, Target, Harvest and the City on their own behalf and on behalf of any of their respective members, predecessors, successors, affiliated entities, agents and assigns do likewise release and forever discharge Westfield and Appellants and their respective members, predecessors, successors, affiliated entities, agents and assigns from any and all liabilities, demands, damages, claims, actions or causes of action, at law or in equity, of whatever kind or nature, known or unknown, suspected SETTLEMENT AGREEMENT PAGE 3 of 11 Y:\WP\ASE\SETTLEMENT\VESTING SETTLEMENT AGREEMENTS\120406\ASE TARGET SETTLEMENT 120606 FINAL.DOC or unsuspected, which Target, Harvest and the City have or may have, nOW or any time in the future, by reason of any acts or omissions occurring prior to the date this Agreement is executed. 4. RESERVATION OF CLAIMS. Westfield and Appellants reserve all of their claims as to all portions of The Landing Project other than the Vested Developments, including without limitation Buildings 101 and 102 as depicted on the Quadrant C Site Plan and Quadrants A, B, and D. S. No ADMtSSION. This Agreement is the compromise of a disputed claim affecting a subset oftlte area of Tile Landing Project and does not preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project. All parties agree that nothing in this Agreement shan be construed or interpreted to preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project 6. No OBLIGATION. Nothing in this Agreement shall be construed or interpreted to obligate Target to obtain a building permit or otherwise proceed with construction or operation of the Target's Landing Project, nor shall anything in this Agreement be construed to require the City to issue a building permit. 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties regarding the subject matter hereof and may be modified only by a written document signed by all parties. 8. BINDING EFFECT. The parties recognize that this is a binding settlement agreement made by the parties and is intended to be binding upon Appellants, ASE, any and all members of ASE, Westfield and any and all affiliates of Westfield, Target and any and all affiliates of Target, Harvest and any and all affiliates of Harvest, the City and Nicholson; and shall inure to the benefit ofthe parties hereto and their respective successors and assigns. 9. GOVERNING LA w. This Agreement has been made in the State of Washington and shall be construed in accordance with the laws of the State of Washington. Venue for any action arising out of this Agreement shall lie in King County Superior Court. 10. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same agreement. SETTLEMENT AGREEMENT PAGE 4 of II Y:\WP\ASE\SETTLEMe.rr\VESTING SETILEMENT AGREEMENTS\12D406\ASE TARGET SETTLEMENT 120606 FINAL.DOC 11. AUTRORITY TO EXECUTE. Each ofthe parties and their representatives executing this Agreement represent and warrant that they are authorized to execute this Agreement, on their own behalf and Oil behalfoftheir members, predecessors, successors, affiliated entities, agents and assigns. EXECUTED as of the day and year first above written. SETTLEMENT AGREEMENT TRANS~ERN~VEST~AKESHORE By~_~ __ ~~~J~~~~~ __________ ___ Name ~:J':l :naDlen- Tille &ihI\/iiOflAYestrae.i\t ammiita. ALLIANCE FOR SOUTf-1 END By -,~Na-"~>e-------------------------------- Tifle ___________________________ __ BRAD NICHOLSON By _____________________ __ Nanl€ ______________________ _ WESTFIELD By -N~a"-,-<------------------------- Title PAGE 5 of 11 ¥',\WP\ASE\SET1"LEMENTWESTING SETTLEMENT AGREEMENTS\J 20406\ASE TARGET SETTLEMENT 110606 fiNAL DOC • 11. AUTHORITY TO EXECUTE. Each ofthe parties and their representatives executing this Agreement represent and warrant that they are authorized to execute this Agreement, on their own behalf and on behalf oftheir members, predecessors, successors, affiliated entities, agents and assigns. EXECUTED as ofthe day and year fIrst above written. TRANSWESTERN HARVEST LAKESHORE By~ ____________________________ __ Name nIle ---------------- Name l r Y\flC9C4 ez-e .... y ~ ~UI! c...r- nIle R _I. .::::n BRAD NICHOLSON By -M~n~n-~-------------------- WESTFIELD By 7------------------------------Nmne __________________________ _ Tille SETTLEMENT AGREEMENT PAGE 5 of 11 Y;\WI'\ASE\SETTlEMENTWESTING SETTLEMENT AGREEMENTSIl20406IASE TARGET SETTLEME"r 120606 FINAL DOC 11. AUTHORITY TO EXECUTE. Each o[the parties and their representatives executing this Agreement represent and warrant that they are authorized to execute this Agreement, on their own behalf and on behalfoftheir members, predecessors, successors, amliated entities, agents and assigns. EXECUTED as of the day and year first above written. SETTLEMENT AGREEMENT TRANS WESTERN HARVEST LAKESHORE By~ ____________________________ __ Name Till.---------------- ALLIANCE FOR SOUTH END By __ Nam-e----------------- Tille ------------------------ ~ ~< < --->.,.., lJI1Ie"BfiP;f; LCJ.;;OJS0rJ WESTFIELD By -M~a-n'~e----------------------------------------- Tille ------------------------ ? AGE 5 0 f 11 Y;\WP\ASE\sETTLEMENT\VESTING SETTLEMENT AGREEMENTS\IZ0406\ASE TARGET SETTLEMENT 120606 FINAL.DOC 11. AUTHORITY TO EXECUTE. Eaeh orthe panics and their representatives executing this Agreement represent and warrant that they arc authorized to execute this Agreement. on their own behalf and on behalf of their members, predecessors, successors. affiliated entities, agents and assigns. EXECUTED as of the day and year first above written. TRANS WESTERN HARVEST LAKESHORE By~ ______________________________ _ NGme Tille----------------- ALLIANCE FOR SOUTH END By -N~a-"-'"------------------ Tille. BRAD NICHOLSON By ~NN.a~m~e-------------------------- w~A ~OU.nlL£.vK.Q... i.LJ.-.-r.,~ WESTFIJ;LD FWlJLM t.;:oMr::<!i.A f!'J14 .. <JfLi<.rhf' ~:.lB;v; '~M i1 ,.h.<..A~ ,vL'- Name ~~'Gfk\A,q C Tille .:."-.. r . .t t.JFLf ~.AIloll~..or SETTLEMENT AGREEMENT PAGE 5 of II V;\WP\ASI:.'\SETTlEMENTIVESTING SETTLEMENT AGREEMENTS\l204Of.\J\SETARGH SETTLEMENT 120606 FINAL,DOC By -/L~~~-D~~ Ti I Mare Steadman II e ll.ico;> Ri:9sigent CITY OF RENTON Target Corporation BY~ ________________ ~== Name ____________________ == Tirle SETILEMENT AGREEMENT PAGE 6 of Ii Y;\\VP\ASE\SETTlEMENTWESTING SETTL8.IENT AGREEMENTS\ll0406\ASE TARGEf SETTLEMENT 110506 FINAL.DOC SETTLEMENT AGREEMENT TARGET CORPORATION By ~MMa;m;'e~-------------------------------- TIde-------------------------------------- CITY OF RENTON BY~t~< Title Mayor PAGE 6 of 11 Y:\WP\ASE\SETTLEMENTWESTING SElTLEMENT AOREEMENTS\120406IASE TARGET SETTLEMENT 1:20606 FINAL.DOC EXHmITA LEGAL DESCRIPTION OF LANDING PROJECT Lot 2A and Lot 3A of Boeing Lakeshore Landing Lot Line Adjustment No. LUA-06-004, recorded May 10, 2006 under Recording No. 20060510900003; Together with Lot I A and Lot 4A Boeing Lakeshore Landing Lot Line Adjustment No. LUA-06-057-LLA, recorded August 8, 2006 under Recording No. 20060808900001; Situate in the County of King, State of Washing tOll. SETTLEMENT AGREEMENT PAGE 7 of 11 Y:\WP\ASE\SETTLEMENnVESTING SETTLEMENT AGREEMENTS\120406\ASE TARGET SETTLEMENT I:!0606 FINAL DOC SETTLEMENT AGREEMENT EXHIBITB LANDING SITE PLAN ~ CALLISON \, \ , ~ ..... ys\ ...•...... ' ........................................•.......... . :. .. :". -, ", -' III "!:TAlt ANCHORS Ii! RETAlt SHOPS • THEATRE ' ..• II rAI'IKING 3.TItUCTURe: PAGE 8 0 f II Y:\WPIASE\sETTLEM8>JTIVESTING SEITLEMENT AGREEMENTS\120406\ASE TARGET SETTLEMENT 120606 FINAL.DOC SETTLEMENT AGREEMENT EXHIBITC QUADRANT C SITE PLAN II ~ ) ,,.,... 'Ii N . €y 1 r .'_ i ... _ .-; __ ~ I • __ --,J"~ --,_ ,_~. ( .• -,r.)" ...-~:l'r .' .tf.. \ ....... " . __ --~ .. li""_:"::.-..(~"".J .... _~ ,":' \~ . -~j ~ -:r;.,..,.. ~ ~. -l'l'> --... ,..,r._., .. ::;:;;:;;:.~ I! r.=? ~\\ 1\ -",' -#'-'---~';--1D3 '\' ,'=? ~_. .\ ". ':.~~ '.~, " Ji-' ".' 'I" ~ ".~ 1'\ .;,' >.\., '<." '. '.,. ~.J I ~ \...... _I~~':,---~j. ,\ <'::-..> ..... :' ", 03/1-. c::;. -=--, I ... l---"-":~--;':'-" .-~,,:, ~ ", ""'J: . ::.~'--\;', II ~ , 10411)" r:~;, ":' ...... . .\t? "'.:-:: ;',,;,~ ' . . ,·~:.,.I ~ ~ r~; 1\ ~ \~ ~i.~ c:" r~ -\~, ~ ,_~ ,'~~.~ '. J"' I ;' ,.-----. b ~,' . --'\ '~-='.' \"1 \ .\' !Irf ------." _1 \' \~..' _~ :\.:' ~~ I\~'_ ' I: ..... \-\. .10...... '\. , ~ I 'J'I ,~~ <.:.~ '. io.,'f -',-<""'-, ----',1 Ii ;\ .... -'\ '.~ 'I, . _\\ '".'-.-r. I , 1'1 I'L, u ~,,<o' r,' '\'.\ "" <"= .j., J' ,.' ~, J:. ',1 \ :~ '-';\ i~'" \i"..l.' : ............ -~_-__ / iI, ! " ] j ['" e." . ('-'--~ . '" h I ~::~I .;t:J-[ .. ~~~.~. <~~ .. i .-!~---'1r.1 I I", tI _. ~ ~tII .:,!o ~l '. Ii 'I -: 1\1'" J"'(o~. I J "1 "]' -r I ' D ' ., "" . .J, j r" I "". -'-"'-i. II . ~ . R:'-~ I J [1~~,-~-~""r~~_,:_, __ . ,J \ --"'~\. (' ... -------. ,,.,-------'---'~"'-.... ,,~- "", I ~-- PAGE 9 of 11 Y:\WP\ASE1SETTLEMENTWESTING SETTLEMENT AGREEMENTS\110406\ASE TARGET SETTLEMENT 120606 FINAL.DOC EXHIBITD THE VESTED DEVELOPMENTS l -~ r--~_-::-~;: -r. '~~;l,1:~?'~\~;\ \, ~---,,;"'\1' 4~·"':''..' ' ...... .-'".:;; \.\ \ . '~~;;-r.. _<, ,.:? _\~.\ '. ___ --:::2~~~'(\~ . ,,-' \' ' :l: '/r;J-=-~--.--'i>,-c::~ c· \\ ' . .-:> ::...~\ \ ~ I 103 ", \ ),--, "," 'S':' " iD +~,:;~¥~, ~:: c'~' ·~~~,~:c::: -;~\ "\ ~ i~f~' ,'-,_.y , >, '''','-'" \ ~ !;', cG~ -~_\:C i~0~ ,'C' c:« ;~\::c 0:'\ \ UliliUL"S fur all of()u,ldlUlll C l':-'Ccpt ulilit::o L"Ollll..:ctillll:. 10 Uuildill~s IU I & 1112 ,m; I • \'r ..... 1.;-1 '-~f ~,;" ~_;::;; ... --\\ /J l"Clnsidl.'l"C'i..Il1:J1111rlhe \ . "'" \.' --_II "\f, I' , C,.' ,""\' I -'j \ ?.-Y ~:.<'1" '\.-. ? /' ---\ 1 I, \'&.~Icll DI:\"cIupm'-'1IIs' ~, ~ -c:~ I...-~ __ (-~ \ " l'ro:>s-huichilll.! in pmi..inl! ;m.~,1.'; : "C:\? --\~_~\.. co";! '-'.",) {',-, 1/' :i \ I . \\ h ' .. __ ," 1\ , ;.-;J ..... ,...... , . -- j ~ ~ .-_~;::;1 ! \ is nol im..::ndcd III pn.-dude ~+:~-r---... ~ l.' Ilhl.!' insullI.nilln of curb. sidewalk. I, ~ -_/ 100;! l)( larlti'ICllring in lhnsL' ilre:L'i. ,. / :. \ : " , i "J I Ltg ~ . ' r ~ hd"""11,,,,,, Ie"" J1; \ ~ '''-''''1''''''''' i~~ : .,:.-:--~~ .. ..:~=L.,'lt--:--,----.--.. \"' __ _ I: ·;C'.<::iH !H" :'j-;>E:rt SETTLEMENT AGREEMENT PAGElOofll Y:\WPIASE\SETILEMENT\VESTING SETTLEMENT AGREEMENTS\120406\ASE TARGET SETTLEMENT 1206D6 FINAL,DOC EXHIBITE STIPULATION AND ORDER [PAGE IS INTENTIONALLY BLANK; SEE ATTACHED STIPULATION AND ORDER] SETTLEMENT AGREEMENT PAGE 11 of 11 Y;\WP\ASE\SEfTLEMENnVESrING SETTLEMENT AGREEMENTS\120406'v\SE TARGET SETILEMENT 120606 fINAL.DOC 3 4 5 6 7 BEFORE THE HEARrNG EXAMINER OF THE CITY OF RENTON 8 In the Matter of the Appeals of ) ) 9 Allianoe for South End (ASE) re: ) NO. LUA-05-136, SA-A, SM NO. LUA-05-136, SA-M ) 10 The Direotor's Administrative Decision ) NO. LUA-06-071, SA-A Designating The Landing Master Plan ) II Application a Planned Action ) STIPULATION AND ORDER ) 12 The Director's Master Site Plan Approval ) ) 13 --------------) Alliance for South End (ASE) and ) 14 Brad Nicholson re: ) ) 15 The Director's Administrative Site Plan Approval) and InterpretationIPolicy Decision ) 16 ) 17 18 19 20 21 22 24 25 1. RECITALS 1. Applicant Harvest Partners has applied for approvals related to a mixed-use commercial and residential project known "s The Landing, which includes retail, office, entertainment, restaurant, hotel' and residential uses with associated parking on approximately 47 acres of land within the City of Renton, which is more particularly described in Exhibit A, which is attached hereto and incorporated herein by this reference ("The Landing Project"). The Site Plan for The Landing Project contains Quadronts A, B, and C, as depicted on Exhibit B, which is attached hereto and incorporated herein by this reference. 2. Target Corporation, a Minnesot" corporation ("Target"), has applied for a building 26 permit to construct a retail store in Quadrant C of the Landing Project, which is depicted as Building STIPULATION - 1 Y;\WP\ASE\SErl'LEMENliVEST1NG StrnU:.MENT AGREEMENTS\ 12D40{i\ASE TARGET ST1PULATION 120406 FINAL DOC Bucke> Gordon LLP 2025 Fim Avanuo, Suite SOD S!!IallJII, WA CjlB121 (ZD6) 3112·9!jolQ 100 on the site plan attached hereto as Exhibit C and incorporated herein by this reference '(the 2 "Quadrant C Site Plan"). Target's plans include constmction of a principal use store, roads, 3 driveways, access ways, lItilities, street improvements, drive aisles, parking, and loading as may be 4 required in Target's reasonable discretion to construct, occupy and operate its retail store 5 (collectively referred to herein as "Target's Landing Project"), all as shown on Exhibit D, which is 6 attached hereto and incorporated herein by this reference. 7 3. Harvest Partners has applied for building permits to constmct additional retail 8 structures in Quadrant C, including Buildings 103 and 104 as depicted on the Quadrant C Site Plan. 9 4. Target's Landing Project and Buildings 103 and 104 are collectively referred to herein 10 as the "Vested Developments" and are shown on Exhibit D hereto. I I 5. All of the parties hereto have entered into a separate settlement agreement of even 12 date herewith ("Settlement Agreement") related to the Vested Developments. 13 6. The above entitled CaUses have the potentia! to affect the Vested Developments and 14 the parties want to avoid any such effect. 15 7, In accordance with the Settlement Agreement, the parties desire to enter this 16 stipulation related to the above entitled causes. 17 II. STIPULATION 18 IT IS HEREBY STIPULATED by and between the parties hereto, by and through their 19 counsel of record, that: 20 I. The above entitled causes and allegations therein do not pertain to and shall have no 21 effect upon the Vested Developments. The Vested Developments are hereby deemed vested as oftbe 22 date of filing of their respective building permit applications, and may proceed with the building 23 permit process and, thereafter, to construction, OCCLlpancy and operation regardless of the outcome of 24 the above entitled causes; and 25 26 2. ASE and Nicholson reserve all of their claims as to all portions of The Landing Project other than the Vested Developments. including witllOullirnitation Buildings 101 and 102 as STIPULATION -2 V:\WP\ASE\SFli'LEM [!NT\ VESTiNG SG'n'L EMGNT AGH EEMENT51 [20·106\ASE T AROE!T STIPULATION 120~06 PINAL.DOC Buck (t. Gordon LLP 2025 Fi'M AVllny~. SUile 500 Scattle, WA 98121 (206) 382.95"0 depicted on the Quadrant C Site Plan and Quadrants A, B, and D. The Parties all agree that the 2 Settlement Agreement and this Stipulation and Order shall not preclude or diminish any of the 3 parties' claims, defenses or arguments in any current or future appeals oflhe remaining portions of 4 The Landing Project and no party shall assert any position to the contrary. 5 6 DATED this __ day of December, 2006 7 CITY OF RENTON 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By lanetta L. Fontes, WSBA #9604 Assistant City Attorney BUCK & GORDON, LLP By Peter S. Buck, WSBA #5060 Attorneys for Petitioners Brad Nicholson and Alliance for South End (ASE) HILLIS CLARK MARTIN & PETERSON, P.S. By_~~~~~~~~ ______ ___ Jerome L. Hillis, WSBA #1704 T. Ryan Durkan, WSBA # 11805 Karen D. Breckenridge, WSBA #36666 A ttorneys for Applicant Harvest Partners [REMAINDER OF PAGE IS fNTENTIONALLY BLANK] STlPULA TION -3 Y:\WP\ASE\SE11'L~MENT\VESnNG SETTLEMENT AGREEMENTS\: 20405'v\SE TARGET STIPULATION 120406 FINAL.OOC Buck ~ Gordon LLP 2D25 Fiut AVtl'n~g, Suite 500 SCiinlo, WA 98' Zl (20ttl362-9540 III. ORDER 2 Pursuant to the foregoing Stipulation of the parties, it is hereby ORDERED that: 3 I. The above entitled causes and allegations therein do not pertain to and shall have no 4 effect upon the Vested Developments. The Vested Developments are hereby deemed vested as of the 5 date of filing of their respective building pennit applications, and may proceed with the building 6 penn it process and, thereafter, to construction, occupancy and operation regardless of the outcome of 7 the above entitled causes. 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. ASE and Nicholson reserve all ortlleir claims as to all portions of The Landing Project other1han the Vested Developments, including without limitation Buildings 101 and 102 as depicted on the Quadrant C Site Plan and Quadrants A, B, and D. The Settlement Agreement and this Stipulation and Order shall not preclude or diminish any of the parties' claims, defenses or arguments in any current or future appeals of the remaining portions of The Landing Project and no party shall assert any position to the contrary, DONE this __ day of December, 2006. City of Rentan I-learing Examiner STIPULATION - 4 y:\Wr\ASE\SETrLI!MENl\VESTING SE1Tl.EMENT AGllEEMENTSl120406'IASE TARGET STJPULI\Tl0N 120406 PINAL.DOC Buck eo Gordon LLP 2025 Finl Avenue, SIII,e 500 Suonll1, WA 9B121 (206) JB2·9511t] EXHIBIT A LEGAL DESCRIPTION OF LANDING PROJECT Lol2A and Lol3A of Boeing Lakeshore Landing Lot Line Adjustment No. LUA-06-004, recorded May 10,2006 under Recording No. 20060510900003; Together with Lot IA and Lot4A Boeing Lakeshore Landing Lot Line Adjustment No. LUA-06-057-LLA, recorded August 8, 2006 under Recording No. 20060808900001; Situate in the County of King, State of Washington. Y \\VP\A"'iE\5ETTU:).IllNrWEST[Nu SETTLEMEfIfr AGItE£MI:NTSlI:!OIIUb\ST1l'\JU. nON AND OItOEll EXJlID1TS DOC' EXHIBITB LANDING SITE PLAN (i CALI.ISOH ., , --~ .... .. .......•.•..•.....••.••..•........ , :. -.:--\ -,p -,,..~" .... ~.j THEATRE PARt<ING STRUCTURE y \\\'f'\,\SruETn...EJ..lloNTWE5Tlt'.'(i 5ETTUM1:NT AGkEEMENT"i\12I»o.o\ST1I'UlJ.TIO/ll AND OIlDBt IiXHwrn DOC I '- I I .. ,.-- -';:'=:'~ -"'-:..:.c..:..:oo.. .::.:= .. -oo-:;:::::-_ ..• _=:;. -'. o o ... I , .' DECISION DATE: May 19, 2006 Project Name: The Landing Master Plan -City of Renton Improvements Applicant/Contact: City of Renton Transportation Systems Division Attn: Rob Lochmiller 1055 S Grady Way Renton, WA 98055 File Number: LUA05-136, SA-A, SM Project Manager: Keri Weaver Project Background/Description: On May 12, 2006, an administrative determination was issued by the Development Services Director for The Landing Master Plan application. The determination found the Master Plan to be consistent with the Planned Action Ordinance (Ord. No. 5107) that had been issued for the site on November 15, 2004. Based on this finding, the determination designated the Master Plan as a Planned Action pursuant to RCW 43.21 C.031 (2)(a). The City of Renton will construct road improvements and other infrastructure to support The Landing project, in accordance with the Renton/Boeing Urban Center-North Development Agreement, dated December 1, 2003. These improvements are detailed in Exhibit 3. This determination addresses the consistency of the City's proposed scope of work with the Planned Action criteria in RCW 43.21C.031 (2)(a). Project Location: North of N 8th St, between Logan Ave N and Garden Ave N Site Area: _ Approximately 47 acres Exhibits 1. Yellow File, The Landing Master Plan Application (LUA05-136, SA-A, SM) 2. Planned Action Determination for The Landing Master Plan, dated May 12, 2006 3. City of Renton Scope of Work for The Landing Road and Utility Improvements, dated May 18,2006 4. Memorandum on Air Quality Analysis Findings, prepared by Blumen Consulting Group, dated May 9, 2006 Planned Action Review Criteria Per Section III,E. of the Planned Action Ordinance, the Director of Development Services, or the Director's designee, is authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031 (2)(a), if the project application meets WAC 197-11-172 and all of the following conditions: EXHIBITP ;;; ro <. " ro ~ c ~ '" w o N i"1 ~ ;; --l '9 .... DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS Minimum On-Site Landscape Width Required Along the Street Frontage When a Commercial Lot is Adjacent! to Property Zoned R-1, R-4, R-8, R- 10, R-14 or RM Building Height Maximum Height for Wireless Communication Facilities SCREEN 15 ft. landscaped strip consistent with the definitions of landscaped visual barrier in RMC 4-11-120. 10 stories along primary and secondary arterials. 6 stories along residential/minor collectors.' See RMC 4-4-140G. Minimum Required for Outdoor I See RMC 4-4-095. Loading, Repair, Maintenance, Storage or Work Areas; Surface·Mounted Utility and Mechanical Equipment; Roof Top Equipment (Except for Telecommunication Equipment) Conflicts: See RMC 4~1 ~080. e • 15 ft. landscaped strip consistent with the definitions landscaped visual barrier in RMC 4-11-120. 10 stories along primary and secondary arterials. 6 stories along residential/minor collectors.' See See RMC 4-4-095. • .0- r}> ~ '" o m '" w o w tol ~ ; =l ~ " o < ~. ~ ~ e e e DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS Required Location lor Accessory or Existing Parking PEDESTRIAN ACCESS General Conflicts: See RMC 4-1-080. On a Pedestrian-Oriented Street: Parking may not be located between proposed building associated with park- ing and pedestrian-oriented public streets unless located within structured parking garage. On Other Arterials, Local Streets, and Internal Streets: Parking shall be located consistent with RMC 4-3-1 00E1, Urban Center Design Overlay Regulations. On a Pedestrian-Oriented Street: Parking may not be located between proposed building associated with park- ing and the public street unless located within structured parking garage. On Other Arterials, Local Streets, and Internal Streets: Parking shall be located consistent with RMC 4-3-1 00E1, Urban Center Design Overlay Regulations. Site planning must demonstrate feasible future location of I Site planning must demonstrate feasible future location of structured parking to accommodate infill development. structured parking to accommodate infill development. Must conform to pedestrian regulations located in Urban Center Design Overlay regulations (RMC 4-3-100). conform to . _ Center Design Overlay regulations (RMC 4-3-100). traffic shall ... '" , ~ '" o m CI T OF RENTON November 7,2006 Zanetta Fontes Ann Nielsen Warren Barber & Fontes, P.S. PO Box 626 Renton, WA 98057 Peter Buck Buck & Gordon 2025 First Avenue, Ste. 500 Seattle, WA 98121 Jerome L. Hillis Hillis Clark Martin & Peterson, P.S. 500 Galland Building 1221 Second Avenue Seattle, W A 9810 1 Re: Appeal of the Site Plan Approval and Interpretation/Policy Decision. (LUA-06-071, SA-A) Dear Counsel: Hearing Examiner Fred J. Kaufman I~OV 1 3 2006 Please be advised that as previously agreed to among the parties during the Pre-Hearing Conference in the above matter the follOWing dates with their respective requirements were set: January 12, 2007 January 26, 2007 February 2, 2007 February 13, 2007 March 27 & 29, 2007 All Motions are to be filed Responses to Motions to be served Replies to responses to be served Oral argument on all Motions to be heard Hearing on Merits If this office can provide any further assistance, please address those comments in writing. Sincerely, Nancy Thompson Secretary to Hearing Examiner City of Renton EXHIBIT R ----1-0S-S-S-o-u-th-G-r-ad-y-W-a-y---R-e-nt-o-n,-W-a-s-hi-n-gt-on-9-80-S-S---(4-2-S)-4-3-0--6-S1-S----~ ~ Thi" n>lller r.nnt8in<; ,0% rpr.vr.lAC'! matp.riaL 30% oost consumer AHEAD OF THE CURVE The Wenatchee World ( e Page 1 of2 THE WENATCHEE welLD Wal-Mart foes say -Show us the money: Superstore should pay for community center, pool .•. or close, Chelan group says BV K.C. Mehaffev, World staff writer Thursday ~ February lr 2007 CHELAN -Defenders of Small Town Chelan has offered to drop its lawsuit challenging a new Wal-Mart store if the company pays $5 million toward a new community center and swimming pool. The group also wants Chelan to give 10 percent of its tax revenues from the Wal-Mart superstore, which opened last week with an invalid building permit, to a new planned development authority to oversee futUre growth of the Chelan Valley. Those are two of several proposals in a settlement offer made to the city and Wal-Mart on Tuesday, the same day the group filed papers in Chelan County Superior Court asking Judge Lesley Allan to force Chelan to enforce its zoning code, "The city municipal code requires the city to close Wal-Mart," said Lars Clausen, a Defenders of Small Town Chelan spokesman. "If the city and Wal-Mart have such a high need to keep the store open, this is an option for them." The group claims Chelan is not complying with Allan's Jan. 18 order for the city to rectify having a 162,OOO-square-foot store in a business park where structures are limited to 50,000 square feet, Wal-Mart spokeswoman Jennifer Holder said the settlement offer is "not acceptable" and said her corporation filed court papers Wednesday appealing the group's request. "We did find it interesting that they were willing to accept and support a Wal-Mart at a price," she said. Holder added that Wal-Mart supports the idea of building a community center and swimming pool and has already given more than $40,000 to local community projects, including $10,000 to the Chelan Senior Center and $10,000 to its teen center, Chelan Mayor Jay Witherbee also said the city likely will reject the settlement offer and wait for the judge to decide whether they've made enough progress toward resolVing the zoning issue rather than commit future public funds to a new planning group, He said the city has already met with Pacland, the Seattle firm that planned the Wal-Mart store, and they're working on a document to amend the plan. "We are confident we followed the intent, almost to the letter, of what the judge has asked us to do," Witherbee said. "I'll be very surprised if the judge finds we are not making positive progress in the effort to comply as Quickly as we can, recognizing the public's right to participate in this." He said it normally would take a safety issue or longtime noncompliance for the city to take steps to close a business or residence, "As long as they are taking steps toward correcting this, we will allow them to stay open," he said. "It's firm, fair and consistent with what we've done in the past." Mike Stowe, a Chelan resident who has started a pro-Wal-Mart group, said he has hired an attorney to intervene in the case on behalf of citizens who don't want the city's taxes used in a settlement with Defenders of Small Town Chelan. hnp:llwww.wenworld.com/sub/print.php?id=1170359487-593-869 211/2007 EXHIBIT S r The Wenatchee World ( e Page 2 of2 Stowe said his group believes the building permit was legal, and everyone expected a big box store would be built there when the orchard was taken out and the business park was planned. "They've been wasting everybody's time and energy," he said of the Defenders group. But Clausen said it was Wal-Mart that built, stocked and hired employees with the knowledge that its building permit was in Question. And keeping the store open is already having a direct impact on other local businesses, Clausen said, "If they're going to have that kind of powerful impact on our community, they should, at the very least, be legal," he said, K.C. Mehaffey: 422-3850, 997-2512 The Wenatchee World Online -bttp'Uwww wenworld.cooo 14 N Mission St., Wenatchee, WA 98801 * Phone: 509-663-5161, Fax: 509-662-5413 *This information is supplied as a service of The Wenatchee World. All rights reserved. Not to be photocopied, reprinted or broadcast in any form, including use on web sites( without prior written permission. http://www.wenworld.com/sub/print.php?id= ]]703 59487-593-869 211/2007 The Wenatchee World 0 e THE \VENATCHEE welLD New group looks to keep Chelan Wal-Mart open By K.C. Mehaffey, World staff writer Wednesday . January 31, 2007 Page 1 of 2 CHELAN - A new group of Chelan Wal-Mart supporters is threatening to take Defenders of Small Town Chelan to court if it succeeds in closing the new store, which opened here last week. Still unnamed, the group is being organized by Mike Stowe, who said his main purpose is to challenge Defenders of Small Town Chelan, and to sue the group for lost wages if Wal-Mart is forced to close, ''This is probably something we should have done a long time ago," said Stowe, who owns Chelan Valley Tours and also installs Internet service for a local cable franchise. On Thursday, Defenders of Small Town Chelan asked the Chelan City Council to revoke Wal-Mart's occupancy permit, but the council took no action, The request came after Chelan County Superior Court Judge Lesley Allan ruled last month that Wal-Mart's 162,000- square-foot building is more than three times bigger than the limits the city placed on the business park's development plan four years ago. Earlier this month, the judge left it up to the city to rectify Its zoning error, and whether to let Wal-Mart open on Jan. 22. Defenders told the council on Thursday that the city is obliged by its own laws to close the store until the zoning is legally resolved. "We knew it was a difficult thing to ask," said Laurel Jamtgaard, a Defenders spokeswoman, She said the council could have taken action even though the request was not on the agenda. Jamtgaard said citizens have the legal right to challenge the city. She said Defenders of Small Town Chelan should not be liable for lost employee wages because it won its lawsuit. Chelan should not have issued the permit, and Wal-Mart should not have built the store while the legality of the zoning permit was still in question, she said. Jamtgaard added that the threat of a lawsuit won't intimidate them. "His case is frivolous, and I don't believe an attorney would pick it up," she said. Stowe said he received 38 e-mails from people wanting to join the pro-Wal-Mart cause by Monday after announcing his intention to form the group on a Chelan radio show on Saturday. He said he doubts Defenders of Small Town Chelan will be successful in shutting down Wal-Mart. But if it is, he's already talked to two lawyers about suing to hold Defenders of Small Town Chelan responsible for the wages and benefits of the Wal-Mart employees, as well as those who have small businesses at the front of the store. "Hopefully, they'll get the message and say, 'The natives are restless, so let's drop it,' " he said. And if Defenders drops its effort to close the store, he said, "we'll just disband." The group also believes that Defenders of Small Town Chelan doesn't represent the "true" citizens of Chelan. http://www.wenatcheeworld.com/sub/print.php?id~ 1170273259-198-340 21112007 • The Wenatchee World ( e Page 2 of2 The Wenatchee World Online -http'/lwww weoworld,com 14 N Mission St" Wenatchee, WA 98801 • Phone: 509-663-5161, Fax: 509-662-5413 *This information is supplied as a service of The Wenatchee World. All rights reserved. Not to be photocopied, reprinted or broadcast in any form, including use on web sites, without prior written permission. http://www.wenatcheeworld.com/sub/print.php?id= 1 170273259-198-340 2/1/2007