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HomeMy WebLinkAboutReport 011. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. Comments: 2. The applicant shall extend the downstream analysis to include Madsen Creek, If impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks, Planning and Natural Resources Director. Comments: Additional downstream analysis was submitted with the construction permit application. The analysis identified no further downstream impacts as a result of the subject project. No further mitigation was needed. Analysis was approved by the stormwater division. 3. The applicant shall comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Solutions NW LLC, dated October 19, 2012. Comments: Hearing Examiner Condition 1. The applicant shall comply with the 3 mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated January 14, 2013. Comments: 2. The Lot Line Adjustment and landscaping and parking modifications identified in the staff report shall be approved and the Lot Line Adjustment finalized and recorded prior to building permit issuance. Comments: Lot Line adjustment has been recorded. Recording #20130611900014 3. Internal cross walks shall be constructed of a different material than asphalt, such as concrete . Materials shall be identified with the construction permit application. Final approval of materials shall be reviewed by the Current Planning Project Manager prior to construction permit issuance. Comments: May 22, 2013 materials approved with building pemit. 4. The developer of the subject retail building shall allow a future pedestrian connection to the potential future gas station proposed on Lot B and agree to not contest the construction of such a connection, at the time of gas station development. In addition the future gas station developer shall be required to develop the connection across the property line onto Lot A, as the identified appropriate location for safe and sufficient pedestrian circulation throughout the site. Comments: 5. The applicant shall provide a final landscape plan for review and approval by the Current Planning Project Manager, which identifies compliance with the Subsection 3. Landscaping Along Street Frontages, included in Page 1 of 3 Exhibit B of the Development Agreement prior to construction permit issuance. Comments: October 9, 2013 Building permit. Update landscape plan submitted and approved. 5. A final landscape plan shall be submitted which identifies compliance with the internal parking lot landscaping standards, for review and approval by the Current Planning Project Manager prior to construction permit issuance. Comments: May 22, 2013 Building Permit, approved. 7. The north facade of building C shall provide awnings, updated elevations shall be provide with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. Comments: July 9, 2013 Building Permit: Approved with awnings at 3 feet 11 inches as 4 feet in depth would require fire sprinkler system under the awnings. 8. The applicant shall provide a materials board identifying the color and materials proposed for both the pavec areas as well as the building fagades for review and approval by the Current Planning Project Manager prior to construction permit issuance for the paved areas and building permit issuance for the building facades. Comments: May 22, 2013 Building Permit: Materials board provided with permit. 9. Screening landscaping shall be provided in the two landscape areas around the refuse and recycling facility. Screening landscaping shall be identified on the final landscape plan, which shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. Comments: May 22, 2013 Building Permit: Screening landscaping provided in Building Permit. 10. A lighting plan shall be submitted with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. Comments: May 22, 2013 Building Permit provided and approved. 11. Storage areas, utilities, rooftop equipment, and loading areas shall be located, designed and screened to minimize views from surrounding properties. Comments: May 22, 2013 Building Permit approved. 12. Loading and delivery areas shall be separated from parking and pedestrian areas. Comments: Pursuant to the Hearing Examiners reconsideration, this condition is representing RMC 4-9-200(E)(3)(d) (iii). Pursuant to the definitions of "loading Area" RMC 4-11-120L which states "A specially designed off-street place intended to be used by vehicles for depositing and%r receiving passengers and goods" The subject project has not provide a loading space. 13. If not done so already, facilities shall be added to the proposal to accommodate bicycle parking as determined reasonably necessary by staff. Comments: May 22, 2013 Building Permit, 9 spaces provided. PLN - Essential Features Pedestrian connections to the sidewalk along Maple Valley Highway from Building A and C. Page 2 of 3 Comments: Site inspection verified installation of the pedestrian connection from Building A. However, the connection from Building Chad to be moved east to meet minimum ADA standards. The connection still provides access to Building C outside patio. Applicants Justification (e-mail 4-25-16 attached): "The steep grade at that location would not allow for connection from the nw corner of building C and still meet the ADA requirement that WDOT was requiring. l was required to work with Edward Giraud from the Washington state department of transportation (giraude@wsdot.wo.gov) on all connection points from our site to Maple Valley Highway. The new location was approved by wsdot." Page 3 of 3 Vanessa Dolbee k From: Randy Goodwin <randyg@eaglecreekland.com> Sent: Monday, April 25, 2016 11:11 AM To: Vanessa Dolbee Cc: Mike Chaffeur Subject: RE: Landscape Inspection Complete for Cedar River Station Attachments: SKM_C454e16042512240.pdf Follow Up Flag: Follow up Flag Status: Flagged Vanessa, I will take care of items 1-6 on your list. In regards to item 7. The steep grade at that location would not allow for connection from the nw corner of building C and still meet the ADA requirement that WDOT was requiring. 1 was required to work with Edward Giraud from the Washington state department of transportation (giraude@wsdot.wa.gov) on all connection points from our site to Maple Valley Highway. The new location was approved by wsdot. Edward is in the process of signing off these improvements, subject to reworking one concrete panel that did not meet their spec. I guess 1 assumed that the city and wsdot had communicated on this matter. I believe that the location is a good compromise and it will give us an ADA connection from our site to Maple Valley Highway which previously was not on our pians. Randy Randy Goodwin 206-730-9145 Eagl Cree Ia295 SE 272no street, suite 2oi Kent:, LVA 9SU2.4215 From: Vanessa Dolbee [mailto:VDolbee@Rentonwa.Rov] Sent: Thursday, April 21, 2016 3:42 PM To: Randy Goodwin <randyR@eaglecree_kland,com> Subject: Landscape Inspection Complete for Cedar River Station Randy, I completed the landscape inspection yesterday for Cedar River Station. Overall the project looks good, all the architectural elements, pavement details, and parking stalls were in place. However, there was some design changes in the field that has impacted the landscape plan. Primarily, the placement of utility boxes in the parking lot landscape island and the re -design of the pedestrian connection to the sidewalk by building C. Below are a list of corrections: Four (4) interior parking lot trees are missing, utility boxes appear to have taken up the space. Parking lot trees are required by code. it appeared there were a few locations to add trees to the parking lot. Please odd 4 trees to the interior parking lot landscaping. 2. Utility screening is required. With the addition of electrical vaults to the parking lot landscape islands screening of these utilities was not considered in the approved landscape plan. Please add screening landscaping around the utility vaults. Arborvitae is a good screening plant in tight locations. 3. The majority of the Pacific Was Myrtle on site appears to be dead. Please replace the dead plants. This may be due to your irrigation; 1 recommend checking the coverage provided from the irrigation. 4. One tree is missing along the south property line, near the mail box. Please odd a tree to this landscape strip. 5. Screening shrubs on the north side of the refuse and recycling were dead. Please replace. It appears this landscape island may not have irrigation. If it doesn't temporary irrigation will be required for 2 years. 6. There are large amount of weeds throughout the landscape areas. Please weed the area. 7. The sidewalk connection planned far the northwest corner of Building C, has been relocated to run east then north to connect at the sidewalk at the driveway access point. This is a change from the original plan. It appears a pedestrian connection could still be made in the northwest corner of the patio, based on existing grades. Please provide on explantation for the change. We may need to discuss a solution. 1 am happy to discuss any of the comment above or meet you on site to work through the requested changes. `T%I1t sa rpo[bee, Current Planning Manager Community & Economic Development Department Planning Division 1055 S Grady Way Renton, WA 98057 (425)430-7314 W W Z z I Z LE Q z aG a W W V) D 0 z a J rn O N L L LL J W J F - z CL LU V l a W J CL i i t3 ,o � w 0 v a 3 ao ztt ° v 0 4 N U cr v � Lit .Y a.�.1 Lu n- c}- i t G Cedar River Station, LLC Paul Joos LUA12-000193 - Owner 15215 SE 272nd St 201 Kent, WA 98042 Freiheit & Ho Architects, Inc. 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F--_ i,rtWLnseesyeviSw laid v.e rKlons. raric,niraaliwi eersiN,R end Jevelaymerrt egvirtian _. - Foaaraf lafer3 retal!bWlEinp, - --- _ atefinfl]1,1015f anC9�ParWng rani a as an <� na, �.r. r • idea ,. r �.: 1 : k Ino masters sRe Plan huweve�ks Propn. b,mFNe Dare ,lee. t w '. p sp«nlriseshave6 >=_+ e 1�4 i .,ice aemn <a t«mel—<xall:P1pares, however �. �� � ?; _ •:tie} -F� (, r •f" r ,e - thexranie analysis urilired rhe lollav ng rospenera ranir. _ •t rrpplys n e, hairfail.alnn, e•iahy rail renrera�l gas srarior.. 4 ;- Brief Description The site is currently �`•`w�,,. ,., vegetated with grasses. A landscape plan was provided with the applrcatron, whlch Identified prr Ai KN.�i^� and internall sil rte .. L.7 f-'- landscaping. The frontage � .. indole mentsare � an[icipatedroesu rl[ inthe Femovalaf23 ofl site lrees- Ril Rr:N1taiN 02/19/2013 Brief Description 5Ecorner of the intersection' 15 ^ Ave- SE and SR 169 (Maple Valley Highway). 2 vacant parcels totaling 3.01 acres Site is zoned CA and has a land use designation o C L�. RFNTnN Brief Description Access to the site would be from Maple Valley Highway and 152nd Ave. SE. • Right of way improvements are proposed along Maple Valley Highway and currently exist along 152nd Ave, SE. Estimated quantities of grading include 2,546 cubic yards of cut and 2,446 cubic yards of fill. It is anticipated approximately 100 cubic yards of soil would be exported off the site There are no critical areas on site. 'ass Brief Description Cont, On January 14, 2013, the ERC issued a DNS -M which included 3 mitigation measures related to Geotechnical Recommendations, additional downstream analysis of stormwater impacts and cultural resources, A 14 -day appeal period commenced on January 18, 2013 and ended on February 1, 2013. No appeals were filed. No public or agency comments were received. s RENTON 1 Master Site Plan & Site Plan Analysis The proposal is consistent with relevant Comprehensive Plan Land Use policies. The proposal is compliant with all relevant zoning regulations if all conditions of approval are complied with. Including but not limited to, crosswalk materials, compliance with street frontage, screening and parking lot landscape standards, building awnings, materials and color approval, and a lighting plan. „ RFS '- Master Site Plan & Site Plan Analysis Cont. The applicant is proposing 341,80 square foot refuse and recyclable deposit area near retail building C. The facility would be enclosed with a CMU wall, metal roof, and a gate. The three proposed retail buildings would total 20,550 net SF resulting in a minimum requirement of 52 parking stalls and a maximum of 102 stalls. 97 are proposed, inti uding 4 ADA stalls. All parking stall and drive aisle dimensions meet the standards with the exception of the requested modification. RENTON oi e -T Master Site Purr & Site Plan Analysis Cant. _ _ _r,.• .� x Elevations were provided with the application (BLDG. 8) The provided elevations - - identified compliance with 4 the design standards of the Develapme nt Agreement, if _ —ti_' '�••;T_ .• .... �-+';[(1 alk conditions of approval _ area met. �` I,;'%• RFNTL7N 02/19/2013 Master Site Plan & Site Pian Analysis Cant. � ¢ePPb¢erdrePeeeleaa _ �� - , n;pd6[anerpllre if ,00i �` }� 1 g ure e�„ra Procerrc erre. A 15t. wltle lartluape stop -s r �j _ositlM alon6 ail propery roes _ `� t - pr rn the area regr,esred fo. � rte, modHiPaeion.A ralwootl _ _ is pray tletl abngthe soup Ifs �t- P Perry h— I— b ��,� •�, � p RaH,ecommends apprwaldih¢ • rd a hr sra b �,tl _ � apanmenrslxared d-mrty ytwrh9 RFhTUN Master Site Pian & Site Plan Analysis cont. • The applicant has requested a modification to reduce the drive aisles aligned east/west from 24 feet to 23 feet. Staff recommends approval of the drive aisle width reduction as it would not be injurious to other property owners in the vicinity and would meet the intent and purpose of the code, would substantially implement the policy direction of the Comprehensive Plan, and would meet the objectives and safety functions. R E -I Master Site Plan & Site Plan Analysis Cont. Staff does not anticipate any adverse impact on surrounding properties and uses. The scale, height, and bulk of the proposed buildings are appropriate for the site, and are anticipated to be architecturally compatible with the existing development in the projeavicinity The proposed development is expected to conserve and possibly increase property values in the vicinity of the site. Safe and efficient vehicle and pedestrian circulation would be provided. REh'rr N y' w 6 Master Site Plan & Site Plan Analysis Cont. The single -story buildings would not have a significant impact on light access or air movement on adjacent properties. Noise and odor impact would occur as a result of the proposed project: Related to commercial retail development including operating noise and vehicular noise, such noise is not anticipated to be more than created by SR 169. Odors could result from specific retails uses such as restaurants. A Recommendation Staff recommends approval of the Cedar River Station subject to 10 conditions of approval. RFNTOK 02/19/2013 Master Site Plan & Site Plan Analysis Cont. The project is within the Cedar River Water and Sewer District Service area. There are storm drainage improvements in $R 169 and in 152nd Ave SE. The applicant has proposed a combined detention and water quallty vault will he constructed onsite under the parking lot which would connect to the existing storm drainage Improvements. The applicant is proposed to provide frontage improvements along SR 169 and maintain the existing improvements along 152nd Ave. 5E. • No deterioration or blight is expected to occur as a result of this proposal. R 1'� RENTQN Recommendation 3 PLAN REVIEW COMMENTS (LUA12-000193) Ci yof t PLAN ADDRESS: 15221 MAPLE VALLEY HWY APPLICATION DATE: 1210312012 RENTON, WA 98058 DESCRIPTION: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134, Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a gootechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site, Conditions Vanessa Dolbee Ph: 425-430.7314 email: vdolbeea@rentonwa.gov ERC Mitigation Measure Created On: 0111 612 01 3 1. If any Native American grave(s) or archaeologicallcultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. 2. The applicant shall extend the downstream analysis to include Madsen Creek. If impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks, Planning and Natural Resources Director. Comments: Additional downstream analysis was submitted with the construction permit application. The analysis identified no further downstream impacts as a result of the subject project. No further mitigation was needed. Analysis was approved by the stormwater division. 3. The applicant shall comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Solutions NW LLC, dated October 19, 2012. Hearing Examiner Condition Created On: 0513012013 1. The applicant shall comply with the 3 mitigation measures issued as part of the Determination of Nonsignificance Mitigated, dated January 14, 2013. 10. A lighting plan shall be submitted with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. Comments May 22, 2013 Building Permit, provided and approved. 11. Storage areas, utilities, rooftop equipment, and loading areas shall be located, designed and screened to minimize views from surrounding properties. Comments: May 22, 2013 Building Permit approved. . ......... ........ 12. Loading and delivery areas shall be separated from parking and pedestrian areas. Comments: Pursuant to the Hearing Examiners reconsideration, this conditian is representing RMC 4-9-200(E)(3)(d)(iii). Pursuant to the definitions of "Loading Area` RMC 4-11-120L which states "A specially designed off-street place intended to be used by vehicles for depositing andlor receiving passengers and goods" The subject project has not provide a loading space. 13. If not done so already, facilities shall be added to the proposal to accommodate bicycle parking as determined reasonably necessary by staff. Comments: May 22, 2013 Building Permit, 9 spaces provided. 2. The Lot Line Adjustment and landscaping and parking modifications identified in the staff report shall be approved and the Lot Line Adjustment finalized and recorded prior to building permit issuance. Comments: Lot Line adjustment has been recorded. Recording #20130611900014 3. Internal crosswalks shall be constructed of a different material than asphalt, such as concrete. Materials shall be identified with the construction permit application. Final approval of materials shall be reviewed by the Current Planning Project Manager prior to construction permit issuance. Comments: May 22, 2013 materials approved with building pemit. ...... ....... 4. The developer of the subject retail building shall allow a future pedestrian connection to the potential future gas station proposed on Lot B and agree to not contest the construction of such a connection, at the time of gas station development. in addition the future gas station developer shall be required to develop the connection across the property line onto Lot A, as the identified appropriate location for safe and sufficient pedestrian circulation throughout the site. 5. The applicant shall provide a final landscape plan for review and approval by the Current Planning Project Manager, which identifies compliance with the Subsection 3. Landscaping Along Street Frontages, included in Exhibit B of the Development October 09, 2013 -�� ��� Page 1 of 2 Agreement prior to construction permit issuance. Comments: October 9, 2013 Building permit. Update landscape plan submitted and approved. fi. A final landscape plan shall be submitted which identifies compliance with the internal parking lot landscaping standards, for review and approval by the Current Planning Project Manager prior to construction permit issuance. Comments: May 22, 2013 Building Permit, approved. 7. The north fagade of building C shall provide awnings, updated elevations shall be provide with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. Comments: July 9, 2013 Building Permit: Approved with awnings at 3 feet 11 inches as 4 feet in depth would require fire sprinkler system under the awnings. 8. The applicant shall provide a materials board identifying the color and materials proposed for both the paved areas as well as the building fagades for review and approval by the Current Planning Project Manager prior to construction permit issuance for the paved areas and building permit issuance for the building facades. Comments: May 22, 2013 Building Permit: Materials board provided with permit. 9. Screening landscaping shall be provided in the two landscape areas around the refuse and recycling facility. Screening landscaping shall be identified an the final landscape plan, which shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. Comments: May 22, 2013 Building Permit: Screening landscaping provided in Building Permit. October 09, 2013 Page 2 of 2 Denis Law 1 Q�,; Mayor; - r` '! , �l June 10, 2013 Department of Community and Economic Development C.E. "Chi p"Vincent, Administrator Franklin Ng Freiheit & Ho Architects, Inc. 5209 Lake Washington Blvd NE #200 Kirkland, WA 98033 SUBJECT: NOTIFICATION OF FINAL MYLARS SENT FOR RECORDING Cedar River Station / LUA12-000193, LLA Dear Mr. Ng: The City of Renton has approved the above referenced lot line adjustment and has forwarded the final mylars to King County for recording. Please note the recording of the lot line adjustment map alone does not transfer ownership of property. If necessary, prepare and record a deed transferring ownership of the portion of land depicted in the lot line adjustment map. We recommend that the legal description for this document be prepared by a surveyor. It is the applicant's responsibility to ensure this document is properly prepared and recorded with the County. If you have any further questions regarding this lot line adjustment, please contact me at.(425) 430 -7314 - Sincerely, Vanessa Dolbee Senior Planner cc: Yellow file Paul Joos - Cedar River Station, LLC J Owner(s) Denise Medgard / Party of Record Renton City Hall 1055 South Grady Way Renton, Washington 98057 rentonwa-gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT-' M E M O R A N D U M DATE: June 10, 2013 TO: City Clerk's Office FROM: Vanessa Dolbee, CED Planning, x7314 SUBJECT: Cedar River Station Lot Line Adjustment; File No. LUA12-000193, LLA Attached please find two sets of the above -referenced mylar and three copies for recording with King County. Please have Champion Couriers take these documents via: Same-day service ($15.81)-10:00 AM deadline to City Clerk Attached is a check for the amount of $15.81 for the fee to Champion Couriers. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000.000000.007.558.60.49.006. Please call me at x7314 if you have any questions. Thank you. cc: Yellowfile Property Services Jan Conklin Vanessa Dolbee From: Jan A. Conklin Sent: Wednesday, June 12, 2013 8:11 AM To: Bob MacOnie; Nizar Salih; Stacy Tucker; Vanessa Dolbee Subject: Cedar River Station Lotline Adjustment LUA12-000193 Recording #20130611900014 Jan Conklin Energy Plans Reviewer 1055 S Grady Way - 6th Floor Renton, WA 98057 425.430.7276 q�P V' ?tic7 Kld — 3 � �nT g�NN----15ZNDAVENUE SE r �n to cn h�� Denis Law, Y Ma or Clty of INT r) a May 22, 2013 Department of Community and Economic Development C.E."Chip"Vincent, Administrator Franklin Ng Freiheit &Flo Architects, Inc. 5209 Lake Washington Blvd NE 4200 Kirkland, WA 98033 SUBJECT: REQUEST FOR MYLARS AND NOTICE OF LOT LINE ADJUSTMENT APPROVAL Cedar River Station / LUA12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Ng: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. Please submit two sets of original signed m lars and a check for $15.81 made out to Champion Couriers to mV attention at the sixth floor counter of City Hall. Please verify that the mylars have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that. King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, June 5, 2013. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information on the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. If you have further questions regarding this project, please call me at (425) 430-7314. Sincerely, Vanessa Dolbee Senior Planner cc: Paul Joos - Cedar River Station, LLC / Owner(s) Denise Medgard / Party of Record r Yellow file Renton City Hall .1055 South Grady Way • Renton,Washington 98057 . rentonwa.gov 4 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT r, . - C � 1�rill M E M Q R A N D U M DATE: May 8, 2013 TO: Kayren Kittrick, Plan Review FROM: Vanessa Dolbee, CED Planning, x7314 SUBJECT: Cedar River Station Lot Line Adjustment, File No. LUA12- 000193, LLA Attached is the most recent version of the above -referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review acceptance: Na Date cc: Yellow File Approval Memos_LLA 12-000193.docx L'ity of DEPARTMENT OF COMMUNITY D `= AND ECONOMIC DEVELOPMENT �" M E M O R A N D U M DATE: May 8, 2013 TO: Robert T. Mac Onie Jr., Property Services FROM: Vanessa Dolbee, CED Planning, x7314 SUBJECT: Cedar River Station Lot Line Adjustment, File No. LUA12- 000193, LLA Attached is the most recent version of the above -referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services acceptance: Robert . Mac Onie, Jr. PLS 6ate cc: Yellow File Approval Memos—LLA 12-000193.docx DEPARTMENT OF COMMUNITYC. AND ECONOMIC DEVELOPMENT '444 M E M a R A N D U M DATE: May 8, 2013 TO: Robert T. Mac Onie Jr., Property Services FROM: Vanessa Dolbee, CED Planning, x7314 SUBJECT: Cedar River Station Lot Line Adjustment, File No. LUA12- 000193, LLA Attached is the most recent version of the above -referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services acceptance: Robert T. Mac Onie, Jr. PLS Date cc: Yellow File Approval Memos—LILA 12-000193.docx DEPARTMENT OF COMMUNITY 7711t" 'AND ECONOMIC DEVELOPMENT 'I M E M O R A N D U M DATE: May 8, 2013 TO: Kayren Kittrick, Plan Review FROM: Vanessa Dolbee, CED Planning, x7314 SUBJECT: Cedar River Station Lot Line Adjustment, File No. LUA12- 000193, LLA Attached is the most recent version of the above -referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review acceptance: Name cc: Yellow File Approval Memos—LLA 12-000193,docx Date May 1, 2013 Job No. 1320-005-008 City of Renton Planning Division Mr, Dan Krippaehne Freiheit & No Architects, Inc., P.S. 13 5209 Lake Washington Blvd NES Suite 200 i�AY 2' 20 Kirkland, WA 98033 RE: Response to Review Comments from City of Renton MC FEME D Cedar River Station LUA12-12-001 93 -LLA Dear Dan: Along with this letter, we are sending a PDF of the Cedar River Station LLA atter addressing the comments from the City of Renton, per the memorandum sent out by Vanessa Dolbee on February 26, 2013. Below is our response to the "comments to the applicant" pertaining to the LLA document: 1. We have noted and added the City of Renton land use action and land record numbers according to the instructions. 2. We now show bearing and distance ties from the site to two City of Renton survey control points and note them on the survey along with the date the monuments were visited. 3. Addresses have been added to the drawings. 4. We have corrected the City of Renton Approval block as directed. 5. We have changed the Declaration block to read "Ownees Declaration". The final two comments refer to signing the plat at recording and the recording of any separate documents needing to be recorded concurrently with the LLA, which to our knowledge does not apply in this case. Once the City approves this final copy, we can print and sign the final mylar copy and deliver to you for owner signatures and recording. ESM Federal Way ESM Everett 33400 61h Ave S. Ste 2115 1070 SE Eye roll Matt Way. Ste 210 ` 1d ngrneer ng Land Plannrng Federal Way. WA 90903 Everett. WA 9$208 Land So•veY'ng Land9Cape Archi4cture 253.838.6113 fel 424.297.9400 let ID Laser Scanning GIS 860.345.5694 tptt free 666.415.8144 tall Irma 253.630.7104 ray 425.297.9401 he w+vw esmnv�i com Mr. Dan Kdppaehne May 1, 2013 Page Two If you have any questions, please calf our office to discuss. Respectfully Yours, ESM 9PNSULTINP ENGINEERS, LLC. LENNOWPLS Su Hesm-jo5s113201005MMdocumentiresponse to city comments 5-1-13.doc "'City o DEPARTMENT OF COh JNITY AND ECONOMIC DEVELOPMENT MINOR MODIFICATION OF CEDAR RIVER STATION PARKING STANDARDS AND LANDSCAPE BUFFER APPROVAL E] DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER APPLICANT: ZONING DESIGNATION: PROJECT LOCATION: SUMMARY OF REQUEST: DATE EVALUATION FORM & DECISION Cedar River Station LUA12-000193, ECF, SA -M, SA -A, LLA Vanessa Dolbee; Senior Planner Franklin Ng, Freiheit & Ho Architects, Inc., P.S., 5209 Lake Washington Blvd. NE, Suite 200, Kirkland, WA, 98033 Commercial Arterial (CA) SE intersection of 152nd Ave. SE and Maple Valley Highway C/b W 1. Landscape buffer width reduction from the required 15 feet to 8 feet for a portion of the south property line. 2. Parking lot drive aisle reduction from 24 feet to 23 feet. Project Description: The applicant requested Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future; however, the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway (SR 169) and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. The site is located in a seismic hazard area; no other critical areas are located on the subject site. As a part of the Master Site Plan and Site Plan Review the applicant requested the two modifications referenced above. City staff recommended approval of these two modifications in the staff report to the Hearing Examiner. A public hearing for the Master Site Plan and Site was held on February 19, 2013. On March 8, 2013 the Hearing Examiner approved both the Master Site Plan and Site Plan subject to 13 conditions of approval. However, the Examiner did TE �a� ��a,2 �-���. C ity of DEPARTMENT OF CO UNITY ' r, >, AND ECONOMIC DEVELOPMENT'„ MINOR MODIFICATION OF CEDAR RIVER STATION PARKING STANDARDS AND LANDSCAPE BUFFER APPROVAL F-] DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: APPLICANT: ZONING DESIGNATION: PROJECT LOCATION: SUMMARY OF REQUEST: EVALUATION FORM & DECISION Cedar River Station LUA12-000193, ECF, SA -M, SA -A, LLA Vanessa Dolbee; Senior Planner Franklin Ng, Freiheit & Ho Architects, Inc., P.S., 5209 Lake Washington Blvd. NE, Suite 200, Kirkland, WA, 98033 Commercial Arterial (CA) SE intersection of 152nd Ave. SE and Maple Valley Highway 1. Landscape buffer width reduction from the required 15 feet to S feet for a portion of the south property line. 2. Parking lot drive aisle reduction from 24 feet to 23 feet. Proiect Description: The applicant requested Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future; however, the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134, Access to the site would be from Maple Valley Highway (SR 169) and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. The site is located in a seismic hazard area; no other critical areas are located on the subject site. As a part of the Master Site Plan and Site Plan Review the applicant requested the two modifications referenced above, City staff recommended approval of these two modifications in the staff report to the Hearing Examiner. A public hearing for the Master Site Plan and Site was held on February 19, 2013. On March 8, 2013 the Hearing Examiner approved both the Master Site Plan and Site Plan subject to 13 conditions of approval. However, the Examiner did City of Renton Deportment of Com y and Economic Development Administrative kation Request Report & Decision Cedar River Station LUA12-000193, ECF, SA -M, SA -A, LLA Report of April 26, 2013 Page 2 of 4 not approve the requested modifications. Instead the Examiner requested the modifications be approved separately at the administrative level. As such, the subject modification report and decision has been prepared. Additional analysis and information can be found in both the staff Report to the Hearing Examiner and the Hearing Examiner's decision. Drive Aisles: The applicant has requested a modification to reduce the drive aisles aligned east/west from 24 feet to 2.3 feet. Staff recommends approval of the drive aisle width reduction as it would not be injurious to other property owners in the vicinity and would meet the intent and purpose of the code, would substantially implement the policy direction of the Comprehensive Plan, and would meet the objectives and safety functions. Landscaping: The applicant has proposed to provide a 15 -foot wide landscape strip along a portion of the rear property line adjacent to the R-14 zoned property which is developed with apartments. However, the applicant has requested a modification to the landscape width requirements along the southern property line to be reduced down to 8 feet along a portion of the boundary. The request for the reduced landscape strip is a result of re -designing the retail project to provide a street presence along SR 159. The relocation of the retail buildings to front 5R 159 moved the rear of the project away from the residential development and placed a parking lot between the commercial development's "back door" and the existing apartment development (R-14 zone). The relocation of the buildings provides an additional buffer which is above and beyond the intent of the 15 -foot wide landscape strip. The applicant has proposed to provide an 8 -foot wide landscape strip along the portions of the southern property line where the parking lot drive aisle is located. In combination with the landscaping a wood fence is required to provide additional screening. Staff recommends approval of the reduced landscape strip width as the overall site plan design has a diminished impact on the residential development to the south. City of Renton Department of Com, y and Economic Development Administrative `icotion Request Report & Decision Cedar River Station LUA12-000193, ECF, SA -M, SA -A, LLA Report of April 26, 2013 Page 3 of 4 ANALYSIS OF REQUEST: RMC 4-9-250D.2 addresses the modifications to 4-4080F.9.b. Ninety Degree Head -in Parking Aisle Width Minimum. Criteria Criteria Met a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design X Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based X upon sound engineering judgment c. Will not be injurious to other property(ies) in the vicinity; X d. Conforms to the intent and purpose of the Code, X e. Can be shown to be justified and required far the use and situation X intended, and f Will not create adverse impacts to other property(ies) in the vicinity. X RMC 4-2-120C, footnote 3 addresses the modifications to RMC4-1-080 Development Standards for Commercial Zoning Designations, Landscaping. Criteria Criteria Met The provisions may be modified by the Reviewing Official through the site development plan review process where the applicant can show that the some X or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. DECISION The proposal satisfies 6 of the 6 criteria listed in RMC 4-9-250D.2 for approval of drive aisle modifications and satisfies the criteria listed in RMC 4-2-120C, Footnote 3 for the landscape buffer modification. Therefore, the two Cedar River Station modifications of the drive aisle and landscape buffer width, Project Number LUA12-000193, are approved and subject to the following condition: CONDITION: All conditions identified in the Hearing Examiners Decision, dated March S, 2013 shall be complied with. City of Renton Deportment of Com y and Economic Development Administrative kation Request Report & Decision Cedar River Station LUA12-000193, ECF, SA -M, SA•A, LLA Report of Aril 26. 2013 r A Page 4 of 4 C.E. "Chip" Vincent, CED Administrator ,1 [-2C �zor3 Date The decision to approve the modification(s) will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on May 10, 2013. Additional information regarding the appeal process may be obtained from the City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. If you have any further questions regarding this decision, feel free to contact the project manager, Vanessa Dolbee, at (425) 430-7314 or vdolbee@rentonwa.gov. 4 Denis Law City of Mayor � AL Department of Community and Economic Development February 26, 2013 C.E. "Ch ip"Vin cent, Administrator Franklin Ng Freiheit & Ho Architects, Inc. 5209 Lake Washington Blvd NE #200 Kirkland, WA 98033 Subject: REVISION REQUEST Cedar River Station / LUA12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Ng:: The City of Renton has completed the initial review of your proposed lot line adjustment. The following changes will be necessary in order for the City to approve your proposal: 1. See attached memorandum completed, from Bob Mac Onie, Property Services Once the changes, as noted in the attached memo, have been made; please submit three copies of the revised lot line adjustment to me at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final mylars. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7314. Sincerely, r Vanessa Dolbee Senior Planner Attachment cc: Paul Joos - Cedar River Station, LLC / owner(s) Denise Medgard / Party of Record Renton City Hail • 1055 South Grady Way • Renton, Washington 98057 . rentonwa-gov Department of Community and Economic Development February 26, 2013 C.E. "Ch ip"Vin cent, Administrator Franklin Ng Freiheit & Ho Architects, Inc. 5209 Lake Washington Blvd NE #200 Kirkland, WA 98033 Subject: REVISION REQUEST Cedar River Station / LUA12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Ng:: The City of Renton has completed the initial review of your proposed lot line adjustment. The following changes will be necessary in order for the City to approve your proposal: 1. See attached memorandum completed, from Bob Mac Onie, Property Services Once the changes, as noted in the attached memo, have been made; please submit three copies of the revised lot line adjustment to me at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final mylars. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7314. Sincerely, r Vanessa Dolbee Senior Planner Attachment cc: Paul Joos - Cedar River Station, LLC / owner(s) Denise Medgard / Party of Record Renton City Hail • 1055 South Grady Way • Renton, Washington 98057 . rentonwa-gov DEPARTMENT OF COMMUNITY c�of AND ECONOMIC DEVELOPMENT M E M Q R A N D U M DATE: December 19, 2012 TO: Vanessa Dolbee FROM: Bob Mac Onie ik i SUBJECT: Cedar River Station, LUA-12-000193-LLA Format and Legal Description Review have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the_pr6ect manager: The Environmental Checklist 3. WATER c_ 1) states that the "runoff from roof surfaces will be detained in an on-site trench system" but the drainage pians show them connected to the ground surface system and there are no such trenches in the plan. Comments for the applicant: Note the City of Renton land use action number and land record number, LUA-12- 000143-LLA and LNiD-30-0372, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network. The ties can be made by explicit reference to another recorded survey that has two monuments in common with the lot line adjustment - Note the date the existing city monuments were visited, per WAC 332-130-150. The lot addresses will be provided by the city as soon as possible. Note said addresses and.the street name on the drawing. The City of Renton "APPROVALS" block is signed by the City of Renton Administrator, Department of Community and Economic Developement_ h:Trle syslhd - land subdivision & surveying records\€nd-30 - lot line adjustincots\0372(cedar river sWion)\ry 121219.doc . , I Page 2 of 2 1 211 9/20 12 Change the title of the "DECLARATION" block to "OWNERS' DECLARATION". All vested owner(s) of the subject, at the time of recording need to sign the final survey submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The survey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. hAfile sysllnd - land subdivision & surveying recordslind-30 -lot line adjus rnmts\0372(cedar river staiion)W121219. doc Denis Law City of ; Mayor � _ .€ Ul r� City Clerk - Bonnie I. Walton April 8, 2013 Paul Joos Cedar River Station, LLC. 15215 SE 272"d, Suite 201 Kent, WA 98042 Re: Decision on Reconsideration for Cedar River Station Master Site Plan and Site Plan LUA-12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Joos: Attached is your copy of the Hearing Examiner's Decision on Reconsideration dated April 1, 2013, in the above -referenced matter. Appeal Right on Reconsideration: Please be advised that the appeal deadline for- the Final Decision of the Cedar- River Station. Master Site Plan and Site Plan, UJA12-000193, ECF, SA- M, SA -A, has been extended aro additional 14 dav,s from the issuance �of the enclosed Decisiorn on Reconsideration. More information. on alymal rights can be fomid al the encl of"the Final Decision. Additional information regarding the appeal process ni(q also be obtained from the Cin) Clerk's Office, Renton Citi• Hall — 7th floor; (425) 430-6510. If I can provide further information, please feel free to contact me. Sincerely, Bonnie l_ Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Vanessa Dolbee, Senior Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Stacy Tucker, Development Services Parties of Record (2) 1055 South Grady Way • Renton, Washington 98057 • (425) 430-6510 /Fax (425) 430-6516 • rentonwa.gov Easy PeelO Labels i Use Avery® Template 51606 j Paul loos Cedar River Station, LLC. 15215 SE 272nd, Suite 201 Kent, WA 98042 • Bend along line to +® Ar��iiv� 5160 Feed Paper expose Pop-up Edge" ' j 1 Franklin Ng Freiheit & Ho Architects Dellis Medgard 12931 168th Av SE 5209 Lake Washington Blvd NE #200 Kirkland, WA 98033 Renton, WA 98059 ttiquettes faciles $ peler se` de Repliez a la hachure afin de www.avery.com Utiliser le gabari# AVERY® 5160 i charoement r@velar le rebord Pop upw i 1 -800 -GO -AVERY 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON ) RE: Cedar River Station ) ) Master Site Plan and Site Plan ) ) LUA 12-000193, ECF, SA -M, SA -A ) ) DECISION ON RECONSIDERATION City staff have requested reconsideration of the final decision on the above -captioned matter by letter dated March 19, 2013. The issues addressed below are addressed in the order they are presented in the March 19, 2013 letter. Pertinent rulings are highlighted in yellow. I. Modifications. The final decision in this matter delegated resolution of requests for modifications to parking and landscaping standards to City staff, because it was unclear whether proper public notice had been provided for review of the modification requests and also because there was insufficient information in the record to evaluate compliance with modification standards_ The request for reconsideration on this issue is partially granted. The examiner will make a final decision on the reconsideration requests if (1) the notice of public hearing and application identified the modifications; and (2) staff identifies what standards are subject to the modification request and what criteria apply to the modification request. The March 19, 2013 letter correctly notes that when land use permit applications are consolidated, they are consolidated under the highest number processing procedure. Under this consolidation requirement, all applications are subject to a public hearing because the master site plan, the permit with the highest processing classification, is subject to a public hearing. RMC 4-8-090(D)(2) requires that the content of all public notices include "a general description of the proposed project" and "the action to be taken". A fundamental part of any project description, and certainly of any action to be taken in a public hearing, should include what permit applications are subject to the public hearing_ The examiner must base his decision on permit criteria. The public cannot be expected to have a fair MASTER SITE PLAN AND SITE PLAN -1 I 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 opportunity to participate in the hearing if they are not apprised of what permit criteria apply, which can only be done by identifying the permit applications subject to the hearing. As rioted in the final decision, the project summary on the face of the staff report identified the master site plan, site plan review and Iot line adjustment applications involved in the permit. No mention was made of the modification requests in the project summary listed on the cover of the staff report. No mention was made of the applications in the MDNS project summary. The development standards subject to the modification request were not identified in the staff report. No portion of the staff report identified the standards used by staff to assess the modification requests. Based on this lack of critical information, it created a reasonable inference= that the public hearing notice and/or even the notice of application did not identify that modification requests were part of the application. if the public notice for the proposal was indeed defective by failing to identify the modification requests, the examiner could not make a final decision on those applications. This is the primary reason why the review was delegated to administrative review. It is still unclear whether adequate public notice was provided. Delegating the modification requests to staff under these circumstances is the most efficient way to handle the potential defective notice issue. Consolidation is not mandatory if the applicant does not demand consolidation. RMC 4-8-080(C)(2) provides that an applicant "may' file multiple permits for consolidated review. In this case there was a distinct possibility that the public notice was defective and that, therefore, an examiner decision would not be valid. Since it was a public notice issue, the 21 day Land Use Petition Act, Chapter 36.70C, deadline for challenging the validity of the decision would not apply and the final decision on the modification requests would be vulnerable to challenge for potentially months or even longer. The delegation to staff of the modification requests was designed to eliminate this legal vulnerability. Under the final decision as written, a rational approach to resolve the issue would have been for the application to withdraw his modification requests and have them reviewed administratively. Even if the notice had been proper, this would have been the most expeditious way to resolve the requests. If there was proper public notice for the application, the record still contains insufficient information to evaluate the modification requests. First and foremost as with any variance or modification request, the code section of the development standard should be clearly identified. The staff report doesn't identify the code provisions anywhere. A vague reference is made to a 15 foot landscape requirement and a driveway width requirement. These requirements could come from a multitude of different code sections, including landscaping and parking standards, street standards, public works standards, fire access standards and so on. The specific wording of requirements subject to modification and where it is located in the code often provides important information on the significance of the requested waiver. The second most important piece of information, missing in this administrative record, is the criteria that apply to the waiver requirement and the evidence establishing those criteria have been met. If staff is asserting that RMC 4-9-250(D) is the source of authority for modification (and this is, at best, a well educated guess given that the staff report makes no mention of the applicable code authority), then The actual public hearing notice and notice of application were not included in the record, so it was not possible for the examiner to evaluate the issue directly. MASTER SITE PLAN AND SITE PLAN -2 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 RMC 4-9-250(D)(2) lists six criteria that must be met for the modification to be approved. Most of those criteria are referenced without any analysis in the staff report paragraph on the driveway aisle modification and no mention of the criteria is made in the staff report paragraph on the landscape modification with only one sentence beyond explaining the modification identifying why a modification is justified. The brevity of the analysis is probably justified, especially for such minor modification requests, but at the very least the code section subject to modification and the code section for the waiver criteria needs to be identified so both the examiner and the public have a well- grounded understanding for the legal basis of the staff s recommendation. The absence of the critical information identified above is another reason why it is far preferable to have the modification requests handled administratively. Even after the close of the hearing, the missing code authority can be made available to the examiner since the examiner may take judicial notice of adopted regulations outside of the hearing process. However, the examiner cannot consider any evidence that hasn't been introduced into the record. Consequently, once the missing code authority is supplied to the examiner and the applicable criteria and needed evidence become apparent, the examiner may be compelled to deny the modification requests because of insufficient evidence. Handling the modification requests administratively eliminates this hazard, since staff would not be limited to the evidence in the record in assessing compliance with the modification criteria. Despite all the hazards identified above, if staff and the applicant are still intent on having an examiner ruling upon the modification requests, the City is free to request a ruling on the requests provided (1) public notice for the hearing and notice of application clearly identified the modification requests; (2) the City identifies the code sections subject to the modification requests; and (3) the City identifies the code sections governing the criteria for the requested modifications. The city must identify the requested code sections by 5:00 pm, April 5, 2013. Entail correspondence is fine to provide this information. Please do not provide any evidence on the public notice as that is information outside the record. If I receive the requested code information I will assume that proper notice was given or that the City has chosen to assume the risk of an examiner decision without the notice specified in this reconsideration decision. 2. Expiration Date. Staff have requested that the examiner set an expiration date for the master site plan as required by RMC 4-9-200(3)(1)(a). Reconsideration on this issue is granted. The expiration date is set at five years, given the still difficult economic climate for completing development projects. 3. Separation of Loading and Delive Areas. Staff have requested that the examiner clarify or modify Condition 12 of the final decision, which requires separation of the loading and delivery areas from the parking and pedestrian areas. Reconsideration on this issue is denied. Condition 12 was based upon RMC 4-9-200(E)(3)(d)(111), which provides as follows: RMC 4-9-200(E)(3): The Administrator must.frnd a proposed project to be in compliance with the following: MASTER SITE PLAN AND SITE PLAN -3 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 (d): Access and CIYCIIlatlon: Safe and efficient access and circulation far all users, including iii. Loading and Delivery: Separating loading and delivery areas,from parking and pedestrian areas; There is no explanation in the record, including the staff report and the staff reconsideration request, as to how the standard quoted above is satisfied. In fact, the reconsideration request notes that it is "impossible" to provide separate loading and delivery. As clearly provided in the standard quoted above, loading and delivery "must" be separated from parking and pedestrian areas. If that separation does not exist, the proposal must be denied since it fails to meet all master site plan criteria. However, in this case the examiner recognized that the applicant did not have the opportunity to address this issue during the hearing and also that staff may have some compelling interpretation or evidence outside the hearing that would support a finding of compliance. Given these circumstances it was fair to avoid denial of the application by giving the applicant and staff and opportunity to work out this moderately significant issue administratively. Given that the applicant has not joined in this reconsideration request and there is still nothing apparent in the record that supports a finding of compliance with the separation requirement, the applicant will still be given the opportunity to work out this issue administratively. Nothing in the final decision of this application or this reconsideration decision should be construed as compelling staff to interpret or apply RMC 4-9-200(E)(3)(d)(iii) in any particular manner. As clarification, Condition 12 was solely intended and designed to implement RMC 4-9-200(E)(3)(d)(111). Dated this I st day of�2013_ PWif A.01brechts City of Renton Hearing Examiner MASTER SITE PLAN AND SITE PLAN -4 Cvnthia Mova From: Bonnie Walton LJ Sent: Tuesday, April 02, 2013 8:03 AM 06 blr\ To: Cynthia Moya Subject: FW: Cedar River Reconsideration Attachments: master site plan and lot line adjustment -- cedar river station -- reconsideration.pdf Fyi bw From: Phil Olbrechts[mailto:olbrechtslaw(a�gmail.com] Sent: Monday, April 01, 2013 11:22 PM To: Jennifer T. Henning; Chip Vincent; Stacy Tucker; Bonnie Walton; Vanessa Dolbee Subject: RE: Cedar River Reconsideration Please disregard the attachment to the last email on Cedar River and use the attached instead. I removed a sentence from the introduction. Comments on distribution below still apply_ From: Phil Olbrechts [mailto:olbrechtslaw@gmail.comI Sent: Monday, April 01, 2013 10:59 PM To: 'Jennifer T. Henning'; 'Chip Vincent'; 'Stacy Tucker'; 'Bonnie Walton'; 'Vanessa Dolbee' Subject: Cedar River Reconsideration This one is digitally signed so it's ready for distribution. If staff elects to not provide the requested information by April 4, 2013, the reconsideration decision should be mailed out to the parties of record along with the following note on a separate sheet of paper entitled "Appeal Right on Reconsideration": "Please be advised that the appeal deadline for the Final Decision of the Cedar River Station Master Site Plan and Site Plan, LUA12-000193, ECF, SA -M, SA -A, has been extended an additional 14 days from the issuance of the enclosed Decision an Reconsideration. More information on appeal rights can be found at the end of the Final Decision. Additional information regarding the appeal process may also be obtained from the City Clerk's Office, Renton City Nall — 7th floor, (425) 430-5510." From: Phil Olbrechts f mailto:olbrechtslaw(Ogmail.com_ ] Sent: Friday, March 08, 2013 11:44 AM To: 'Jennifer T. Henning'; 'Chip Vincent'; 'Stacy Tucker'; 'Bonnie Walton'; 'Vanessa Dolbee' Subject: RE: Talbot and 55th Subdivision Here comes another one. Will be mailed today. Denis Law - Ctt� O{ _ Mayor City Clerk - Bonnie LWalton March 19, 2013 Paul Joos Cedar River Station, LLC. 1521.5 SE 272"x, Suite 201 Kent, WA 98042 Re: Request for Reconsideration for Cedar River Station Master Site Plan and Site Plan LUA-12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Joos: Attached is your copy of the City of Renton's Request for Reconsideration of the Hearing Examiner's Final Decision dated March 8, 2013, in the above -referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie 1. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Vanessa Dolbee, Senior Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Stacy Tucker, Development Services Parties of Record (2) 1055 South Grady Way* Renton, Washington 98057 • (425) 430-6510/ Fax (425) 430-6516 • rentonwa.gov DenisLawaw City .O ,: l :`' f, March 19, 2013 Department of Community and Economic Development C.E."Chip"Vincent, Administrator RENTON Phil Olbrechts � �� 9 3 Olbrechts and Associates 18833 NE 74th Street;ICY �L � S OFFICE:: Falls, WA 98252 SUBJECT: Request for Reconsideration of Hearing Examiner Decision Cedar River Station / LUA12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Examiner The City of Renton is requesting that the Hearing Examiner reconsider the following conclusions in the decision on the subject project, dated March 8, 2012. Under Conclusion of Law 4., it is stated that "it is unclear from the staff report whether the requested waivers and modification have been consolidated into the applications submitted to the hearing examiner". Staff's intention from the beginning of the process was for the Examiner to make the determination on the requested modifications for both landscape buffer width reduction and drive aisle width reduction. The modification requests have been consolidated by staff into one recommendation to the Hearing Examiner, as required by RMC 4- 8-080(C)(2), which requires permits to each be processed under the highest -number procedure in a consolidated review process. Furthermore, RMC 4-8-080(C)(2) states that this section applies to any of the applications listed in RMC 4-8-070. RMC 4-8-070D.8 lists modifications. Based on the above code references, we request you reconsider your determination that the modification be processed at the administrative level separate from the master site plan and site plan decision and that you issue a decision on the two requested modifications utilizing the analysis provided in the original staff report. The analysis for these two modifications was included in the staff report to the Hearing Examiner in Finding of Fact 21, subsection b. Zoning Compliance and Consistency, Landscaping and Parking. Staff recommends approval of the reduced landscape strip width as the overall site plan design has a reduced effect on the residential development to the south. Staff recommends approval of the drive aisle width reduction as it would not be injurious to other property owners in the vicinity and would meet the intent and purpose of the code, would substantially implement the policy direction of the Comprehensive Plan, and would meet the objectives and safety functions. Secondly, the decision issued by the Hearing Examiner, did not identify an expiration date for the Master Site Plan. Pursuant to RMC 4-9-200(1)(a.) "The Hearing Examiner shall determine, and document in writing, an appropriate expiration date for the master plan, granting up to five Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov Phil OIbrechts March 19, 2013 Page 2 of 2 (5) years". We request the Hearing Examiner make a decision on the period of validity of the master site plan as required by RMC 4-9-200(Jj(a.). In addition, staff request clarification or modification of condition of approval 12. Condition 12 requires loading and delivery areas, be separated from parking and pedestrian areas. The intent of condition 12 is unclear, as the entire development is surrounded by parking areas and sidewalks (pedestrian areas). It would be impossible for the applicant to provide a separate location for loading and delivery, outside the proposed parking and pedestrian areas, without wholesale redesign of the development. Standard loading spaces have been identified on the provided site plan, which appear to be appropriate to meet the needs of the development. We request either clarification or a modified condition 12 which provides a reasonable alternative for loading spaces that can be accommodated without wholesale redesign of the development. Thank you for considering the above requests. We look forward to your determination on these issues. Sincerely, qla Vanessa Dolbee Senior Planner cc: Paul Joos - Cedar River Station, LLC / Owner(s) Franklin Ng / Applicant and Contact Party(ies) of Record Chip Vincent, CED Administrator Neil watts, Development services Director Kayren Kittrick, Development Engineering Supervisor Jennifer Henning, Current Planning Manager Cynthia Moya From: Cynthia Moya Sent: Tuesday, March 19, 2013 2:36 PM To: Phil Olbrechts Cc: Bonnie Walton; Chip Vincent; Neil R. Watts; Kayren K. Kittrick; Jennifer T. Henning; Vanessa Dolbee Subject: Cedar River Station (Renton's Request for reconsideration) Attachments: cedar river request for recon.pdf Phil, have attached the City of Renton's Request for Reconsideration in the Cedar River Station File No. LUA-12-000193. Thank you, Cindy Moya, Records Management Specialist City of Renton - Administrative Services/City Clerk Division cmovaPrentonwa.Eov 425-430-6513 Paul Joos Cedar River Station, LLC. 15215 SE 272"d, Suite 201 Kent, WA 98042 Franklin Ng Freiheit & Ho Architects 5209 Lake Washington Blvd NE #200 Kirkland, WA 98033 Denis Medgard 12931168 th Av SE Renton, WA 98059 Cynthia Moya From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Friday, March 08, 2013 11:44 AM To: Jennifer T. Henning; Chip Vincent; Stacy Tucker; Bonnie Walton; Vanessa Dolbee Subject: RE: Talbot and 55th Subdivision Attachments: master site plan and lot line adjustment -- cedar river station_doc Here comes another one. Will be mailed today. 1 Hearing Examiner's Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '5 5 C-"r'y OF MAR 112013 RECEIvEC CITY CLERICS OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Cedar River Station Master Site Plan and Site Plan LUA12-000193, ECF, SA -M, SA -A } Summary MWINVE-13 xQ M 16W The applicant has applied for master site plan approval and site plan approval for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. All three applications are approved subject to conditions. Testimony Vanessa Dolbee, Renton Senior Planner, stated the project is a master site plan for Cedar River Station combined with a site plan review. The site is located in the SE corner of the intersection of State Route 169 and 152"' St SE. The site is comprised of 2 empty parcels, totaling 3 acres and is zoned commercial arterial with a land use designation of commercial corridor. The project has a development agreement that vests the site to an older version of Renton code. The proposal is for three retail buildings with 97 parking stalls. A gas station has been included in the master plan as a placeholder; however, this use has not been reviewed for the site. The uses for the retail buildings have not been identified, but possibilities include a coffee shop, a salon, an automobile shop, or a restaurant. Access to the site would be via state route 169. The estimated quantities of grading are 2500 cubic yards of cut and 2500 cubic yards of fill. There are no critical areas on the site. The site is currently covered in grass vegetation. 23 trees along the frontage would be removed as part of the project to complete the frontage improvements. On January 14, the environmental review committee issued a determination of MASTER SITE PLAN AND SITE PLAN -1 2' 3 4 5 61' 7 8 91 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 non -significance mitigated with three mitigation measures. No appeals to this determination were filed during the 14 -day appeal period. No public or agency comments were received for the project. The proposal is consistent with comprehensive plan requirements and complies with the relevant code conditions. Conditions include, but are not limited to, cross -walk material, compliance with street frontage, building awning requirements, and a lighting plan. The applicant requested a modification to a 15ft perimeter landscaping requirement along the south property line (exhibit 9). Staff approves of this modification because it allows the buildings to move north and front along state route 169 which improves the impacts on the residential development directly to the south of the site. The applicant is proposing a 341.8 sq ft of refuse and recycling deposit area. The refuse facility would be enclosed and have a metal roof. The three retail buildings result in a combined sq footage of 20,000 sq ft that requires between 52 and 102 parking stalls. The applicant is proposing 97 stalls with 4 ADA stalls. All parking stalls meet code standards except for a modification request. The request is to reduce the drive -aisle -width from 24 to 23ft for the east -west aligned driveway_ Staff recommends approval of this modification because it complies with modification standards. Exhibit 15 is an example of building elevations for building B, noting design impacts. Staff does not anticipate any adverse impacts on surrounding uses. The single story buildings will not have an impact on light or air flow. Some noise and odor impacts are expected, depending on the uses of the retail spaces. The project is within the Cedar River Water and Sewage District Area. The applicant proposes a water retention vault that will connect to existing water systems and will be located underneath the parking lot. Staff recommends approval of the site plan subject to 10 conditions listed in the staff report. 1n regard to the development agreement, Renton code does not refer to the development agreement and whether the hearing examiner must determine consistency. In regard to the traffic study, traffic impact fees will be assessed at the time of building permit application. The development agreement provides for some credits for the applicant because they have built a traffic -light at the intersection of state route 169 and 152nd St. Kayren Kittrick, Community and Economic Development, noted that the city will review the traffic during the building permit phase based on retail. Exhibits During the hearing Exhibits 1-14 identified at page 2 of the February 19, 2013 staff report were admitted into the record. In addition, the staff's power point was admitted as Ex. 15. FINDINGS OF FACT Procedural: Applicant. Cedar River Station, LLC_ MASTER SITE PLAN AND SITE PLAN -2 1 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 2. Hearin . The Examiner held a hearing on the subject application on February 19, 2013 at 10:00 am in the City of Renton Council Chambers. 3. Project Description. The applicant is requesting Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the fixture, however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording 920070307000134. Access to the site would be from Maple Valley Highway (SR 169) and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no other critical areas are located on the subject site. Staff requests that the lot line adjustment be processed on a separate yet concurrent track with the Master Plan and Site Plan. Completion of the lot line adjustment will be made a condition of approval of this review. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. Water and sewer service will be provided by Cedar River Water and Sewer District. B. Fire. Fire services will be provided by the Renton Fire Department. C. Drainage. A drainage report has been submitted by ESM Consulting Engineering with the site plan application. A Level 1 analysis was done and the report addresses compliance with 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and special requirements have been discussed in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. The engineer has provided calculations and noted in the report, a combined detention and water quality vault will be constructed onsite under the parking lot. MASTER SITE PLAN AND SITE PLAN -3 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 D. Transportation. A traffic impact analysis was prepared for the project. See Ex. 22. It concluded that the proposal would not lower level of service for any arterials that serve the proposal and would generally not adversely affect the Renton road network. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. Right of way improvements are proposed along Maple Valley Highway and currently exist along 152nd Ave. SE. Both access points would operate with full turning movements. All improvements along Maple Valley Highway (SR 169) would be required to comply with Washington State Department of Transportation standards. The site plan provides sufficient parking spaces and staking space for the drive through. The pedestrian connection provided to the apartments to the south would provide a walkable connection to retail services that are currently not provided today. Pedestrian connections are provided along the entire frontage of the site and connected throughout the development from each building though the parking lots and to the residential development to the south. Staff have determined that adequate parking and sufficient vehicular and pedestrian circulation for the proposed use has been provided if all conditions of approval are complied with. All transportation conditions recommended by staff have been adopted into this decision. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. There are no critical areas on site. Impacts are more specifically addressed as follows: A. Aesthetics. Adjoining properties are protected from adverse aesthetic impacts by a significant amount of landscaping along the project perimeter and within the parking area as detailed at p. S and 9 of the staff report. Landscaping has been provided in all areas not occupied by buildings or paving. This will serve as an aesthetic improvement over existing site vegetation, which is limited to grass and weeds. The development agreement that applies to the proposal, Ex. 17, contains detailed design standards that assure compatibility with surrounding residential and other uses. The proposed one story structures would not be out of scale with the neighborhood, in fact they are smaller in scale then many of the surrounding developments including the apartments to the south and New Life Church to the east. The proposed retail buildings are located along the street frontages away from the existing residential development located to the south and east. The three retail buildings would have building lot coverage of 22.50 percent of the site, which is less than the maximum permitted by code. Any impacts of the building scale would be mitigated by the proposed landscaping along the street frontages and the modulations in the facades created by the various facade treatments. The proposed refuse and recycling facility would be located approximately 55 feet from the south property line. The applicant has provided screening details of this facility, which would include a 7 foot wall around three sides. however, the provided landscape plan identifies areas around the MASTER SITE PLAN AND SITE PLAN -4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wo facility that could be landscaped with screening plants. The landscape plan does not indicate any landscaping in these two landscape islands. As such, staff recommends and a condition is adopted that screening landscaping be provided in the two landscape areas around the refuse and recycling facility. B. Lighting. According to code, parking lot lighting fixtures are to be non -glare and mounted no more than 25 feet above the ground. This is to help minimize the impact onto adjacent properties. Staff does not anticipate that exterior lighting would become an issue due to the siting of the building provided code requirements are met. A lighting plan was not submitted with site plan application, therefore staff recommends and a condition is adopted that a lighting plan be submitted with the building permit application for review and approval by the Development of Community & Economic Development, Planning Division project manager. E. Noise and Odor. The staff report notes that the proposal could create some noise and odor. Chapter 8-7 RMC sets the legislative standard for noise impacts and will adequately regulation noise when construction is completed. Although the staff report notes that restaurants could be built upon the project site that generates odor impacts, there is nothing to suggest that these odor impacts would be have any significant adverse impact on adjoining properties. 6. Surrounding _Use s. Apartments and a mobile home park are located to the east and south. A church is located to the west and park land and the Cedar River to the north. Conclusions of Law I. Authority. RMC 4-9-200(D) requires hearing examiner review of master plan applications, which are classified as Type III permits by RMC 4-8-080(G). RMC 4-8-080(G) classifies site plan review as Type 11. The two permit applications have been consolidated. RMC 4-8-080(0)(2) requires consolidated permits to each be processed under "the highest -number procedure"_ The master site plan has the highest numbered review procedures, so both permits must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive _Plan Designations. The subject property is zoned Commercial Arterial (CA) and the comprehensive plan land use designation is Commercial Corridor. 3. Review Criteria. Master Site plan and Site Plan review standards are governed by RMC 4-9- 200(E)(3), with the only difference between the two that RMC 4-9-200(E)(1) requires that the criteria for the master site plan be evaluated "at a level of detail appropriate for master plans" and that RMC 4-9-200(E)(2) requires that the criteria be "evaluated in detail" for site plan applications. All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. MASTER SITE PLAN AND SITE PLAN -5 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project lobe in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: L Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4- 3-100, 4. The proposal is consistent with the comprehensive plan policies identified at page 6 and 7 of the staff report, since the proposal provides for unified commercial infill development on two lots along a major transportation corridor. The project is consistent with applicable zoning and design standards as outlined at pages 7-16 of the staff report, the findings and conclusions of which are adopted by this reference as if set forth in full, PROVIDED, however, that this decision does not address any requested development regulation waivers or modifications. It is unclear from the staff report whether the requested waivers and modifications have been consolidated into the applications submitted to the hearing examiner and/or whether these applications have been part of the public notice for the hearings on the applications, since the applications are not identified in the staff report project summary. The conditions of approval will require that these modification requests be separately processed at the administrative level. RMC 4-9-240(E)(3)(b): Off -Site Impacts: Mitigation of impacts to surrounding properties and uses, including: L Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, .streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; MASTER SITE PLAN AND SITE PLAN -6 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 v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project, and vi. Lighting: Designing andlor placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 5. As determined in Finding of Fact No. 5(A), the structures are of a scale compatible with surrounding uses and are not over -concentrated on the project site. As determined in Finding of Fact 4(D), the proposal provides for desirable transitions and linkages between uses, streets, walkways and adjacent properties. As determined in Finding of Fact 5(A), refuse areas will be adequately screened from adjoining properties. Other loading and storage areas are addressed in the conditions of approval. There is nothing in the record to suggest that the proposal will have any impacts on views of attractive natural features. As discussed in Finding of Fact 5(A), a significant amount of landscaping will be placed along the perimeter of the proposal and its parking areas, which will buffer surrounding development and help to reduce noise and glare, maintain privacy and improve the aesthetics of the proposal. As determined in Finding of Fact 5(B), lighting will not adversely affect adjacent properties or streets_ RMC 4-9-200(E)(3)(c): On Site Impacts: Mitigation of impacts to the site, including: L Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation, - ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping. Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 6. As determined in Finding of Fact No. 5(A), landscaping has been well designed to provide for privacy and noise reduction. As further determined in Finding of Fact 5(A) the proposal has been divided into three buildings that front SE Maple Valley Road, away from adjoining residential uses, while providing for a walkable neighborhood retail center with a village feel. This spacing and orientation, along with perimeter landscaping, provides for privacy and noise reduction. The proposed setbacks of the buildings from adjoining streets, property lines and each other allows for MASTER SITE PLAN AND SITE PLAN 7 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the passage of light and air. As outlined in the findings of fact, the proposal provides for less impervious surface than that authorized by applicable regulations. As noted in Finding of Fact No. 5(A), the site is currently flat and only vegetated with grasses and weeds such that the proposed and required landscaping will be an improvement over existing vegetation. As previously discussed, proposed and required landscaping will protect adjoining properties from aesthetic and privacy impacts. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: Z Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties, ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 7. The proposal will directly access both Maple Valley Highway and 152°`' Ave SE. It is unclear whether either of these roads is classified as arterials. At any rate, site constraints would not make any other road connections reasonably feasible. As discussed in the findings of fact, staff have reviewed the proposed internal circulation system and pedestrian connections and have found them to be adequate. Loading and bicycle facilities will be addressed in the conditions of approval. There is nothing in the record to suggest that the proposal can be reasonably conditioned to accommodate transit and carpools. RMC 4-9-200(E)(3)(e): Open Space. Incorporating open .spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 8. Renton has no specific requirements for open space of commercial developments and there is nothing in the record that supports any requirements for recreational use as required by constitutional due process and takings law. MASTER SITE, PIAN AND SITE PLAN -8 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-200(E)(3)(f): Vews and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 10. There are no natural systems at the site or that would be affected by the proposal. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and ,facilities to accommodate the proposed use. 11. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 12. The project is not phased. DECISION As conditioned below, the site plan master site plan area approved. 1. The applicant shall comply with the 3 mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated January 14, 2013. 2. The Lot Line Adjustment and landscaping and parking modifications identified in the staff report shall be approved and the Lot Line Adjustment finalized and recorded prior to building permit issuance. 3. Internal cross walks shall be constructed of a different material than asphalt, such as concrete. Materials shall be identified with the construction permit application. Final approval of materials shall be reviewed by the Current Planning Project Manager prior to construction permit issuance. 4. The developer of the subject retail building shall allow a future pedestrian connection to the potential future gas station proposed on Lot B and agree to not contest the construction of such a connection, at the time of gas station development. In addition the future gas station developer shall be required to develop the connection across the property line onto Lot A, as the identified appropriate location for safe and sufficient pedestrian circulation throughout the site. 5. The applicant shall provide a final landscape plan for review and approval by the Current Planning Project Manager, which identifies compliance with the Subsection 3. Landscaping MASTER SITE PLAN AND SITE PLAN -9 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Along Street Frontages, included in Exhibit B of the Development Agreement prior to construction permit issuance. 6. A final landscape plan shall be submitted which identifies compliance with the internal parking lot landscaping standards, for review and approval by the Current Planning Project Manager prior to construction permit issuance. 7. The north fagade of building C shall provide awnings, updated elevations shall be provide with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 8. The applicant shall provide a materials board identifying the color and materials proposed for both the paved areas as well as the building fagades for review and approval by the Current Planning Project Manager prior to construction permit issuance for the paved areas and building permit issuance for the building facades. 9. Screening landscaping shall be provided in the two landscape areas around the refuse and recycling facility. Screening landscaping shall be identified on the final landscape pian, which shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. 10. A lighting plan shall be submitted with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 11. Storage areas, utilities, rooftop equipment, and loading areas shall be located, designed and screened to minimize views from surrounding properties. 12. Loading and delivery areas shall be separated from parking and pedestrian areas. 13. if not done so already, facilities shall be added to the proposal to accommodate bicycle parking as determined reasonably necessary by staff. DATED this 8"' day of March, 2013. rte, P il A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 71h floor, (42 5) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. MASTER SITE PLAN AND SITE PLAN -10 1 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MASTER SITE PLAN AND SITE PLAN -11 Denis Law city Of :r Mayor fsuw, - City Clerk -Bonnie I.Walton March 8, 2013 Paul Joos Cedar River Station, LLC. 15215 SE 272"d, Suite 201 Kent, WA 98442 Re: Final Decision for Cedar River Station Master Site Plan and Site Plan LUA-12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Joos: Attached is your copy of the Hearing Examiner's Final Decision dated March 8, 2013,in the above -referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Vanessa Dolbee, Senior Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Stacy Tucker, Development Services Parties of Record (2) 1055 South Grady Way • Renton, Washington 98057 • (425) 430-65101 Fax (425) 430-6516 • rentonwa.gov 1 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 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Cedar River Station Master Site Plan and Site Plan } LUA 12-000193, ECF, SA -M, SA -A } Summary FINAL DECISION The applicant has applied for master site plan approval and site plan approval for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. All three applications are approved subject to conditions. Testimony Vanessa Dolbee, Renton Senior Planner, stated the project is a master site plan for Cedar River Station combined with a site plan review. The site is located in the SE corner of the intersection of State Route 169 and 152�d St SE. The site is comprised of 2 empty parcels, totaling 3 acres and is zoned commercial arterial with a land use designation of commercial corridor. The project has a development agreement that vests the site to an older version of Renton code. The proposal is for three retail buildings with 97 parking stalls. A gas station has been included in the master plan as a placeholder; however, this use has not been reviewed for the site. The uses for the retail buildings have not been identified, but possibilities include a coffee shop, a salon, an automobile shop, or a restaurant. Access to the site would be via state route 169. The estimated quantities of grading are 2500 cubic yardS of cut and 2500 cubic yards of fill. There are no critical areas on the site_ The site is currently covered in grass vegetation. 23 trees along the frontage would be removed as part of the project to complete the frontage improvements. On January 14, the environmental review committee issued a determination of MASTER SITE PLAN AND SITE PLAN -1 1 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 non -significance mitigated with three mitigation measures. No appeals to this determination were filed during the 14 -day appeal period. No public or agency comments were received for the project. The proposal is consistent with comprehensive plan requirements and complies with the relevant code conditions. Conditions include, but are not limited to, cross -walk material, compliance with street frontage, building awning requirements, and a lighting plan. The applicant requested a modification to a 15ft perimeter landscaping requirement along the south property line (exhibit 9). Staff approves of this modification because it allows the buildings to move north and front along state route 169 which improves the impacts on the residential development directly to the south of the site. The applicant is proposing a 341.8 sq ft of refuse and recycling deposit area. The refuse facility would be enclosed and have a metal roof The three retail buildings result in a combined sq footage of 20,000 sq ft that requires between 52 and 102 parking stalls. The applicant is proposing 97 stalls with 4 ADA stalls. All parking stalls meet code standards except for a modification request. The request is to reduce the drive -aisle -width from 24 to 23ft for the east -west aligned driveway, Staff recommends approval of this modification because it complies with modification standards. Exhibit 15 is an example of building elevations for building B, noting design impacts. Staff does not anticipate any adverse impacts on surrounding uses. The single story buildings will not have an impact on light or air flow. Some noise and odor impacts are expected, depending on the uses of the retail spaces. The project is within the Cedar River Water and Sewage District Area. The applicant proposes a water retention vault that will connect to existing water systems and will be located underneath the parking lot. Staff recommends approval of the site plan subject to 10 conditions listed in the staff report. In regard to the development agreement, Renton code does not refer to the development agreement and whether the hearing examiner must determine consistency. In regard to the traffic study, traffic impact fees will be assessed at the time of building permit application. The development agreement provides for some credits for the applicant because they have built a traffic -light at the intersection of state route 169 and 152nd St. Kayren Kittrick, Community and Economic Development, noted that the city will review the traffic during the building permit phase based on retail. Exhibits During the hearing Exhibits 1-14 identified at page 2 of the February 19, 2013 staff report were admitted into the record. In addition, the staff s power point was admitted as Ex. 15. FINDINGS OF FACT Procedural: 1. Applicant. Cedar River Station, LLC. MASTER SITE PLAN AND SITE PLAN -2 1 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 2_ Hearing. The Examiner held a hearing on the subject application on February 19, 2013 at 10:00 am in the City of Renton Council Chambers. 3. Project Description. The applicant is requesting Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future, however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway (SR 169) and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no other critical areas are located on the subject site. Staff requests that the lot line adjustment be processed on a separate yet concurrent track with the Master Plan and Site Plan. Completion of the lot line adjustment will be made a condition of approval of this review. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. Water and sewer service will be provided by Cedar River Water and Sewer District. B. Fire. Fire services will be provided by the Renton Fire Department. C. Drainage. A drainage report has been submitted by ESM Consulting Engineering with the site plan application. A Level 1 analysis was done and the report addresses compliance with 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and special requirements have been discussed in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. The engineer has provided calculations and noted in the report, a combined detention and water quality vault will be constructed onsite under the parking lot. MASTER SITE PLAN AND SITE PLAN -3 1 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 D. Transportation. A traffic impact analysis was prepared for the project. See Ex. 22. It concluded that the proposal would not lower level of service for any arterials that serve the proposal and would generally not adversely affect the Renton road network. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. Right of way improvements are proposed along Maple Valley Highway and currently exist along 152nd Ave. SE. Both access points would operate with full turning movements. All improvements along Maple Valley Highway (SR 169) would be required to comply with Washington State Department of Transportation standards. The site plan provides sufficient parking spaces and staking space for the drive through. The pedestrian connection provided to the apartments to the south would provide a walkable connection to retail services that are currently not provided today. Pedestrian connections are provided along the entire frontage of the site and connected throughout the development from each building though the parking lots and to the residential development to the south. Staff have determined that adequate parking and sufficient vehicular and pedestrian circulation for the proposed use has been provided if all conditions of approval are complied with. All transportation conditions recommended by staff have been adopted into this decision. 5. Adverse Impacts. There are no significant adverse impacts associated with the project. There are no critical areas on site. Impacts are more specifically addressed as follows: A. Aesthetics. Adjoining properties are protected from adverse aesthetic impacts by a significant amount of landscaping along the project perimeter and within the parking area as detailed at p. 8 and 9 of the staff report. Landscaping has been provided in all areas not occupied by buildings or paving. This will serve as an aesthetic improvement over existing site vegetation, which is limited to grass and weeds. The development agreement that applies to the proposal, Ex. 17, contains detailed design standards that assure compatibility with surrounding residential and other uses. The proposed one story structures would not be out of scale with the neighborhood, in fact they are smaller in scale then many of the surrounding developments including the apartments to the south and New Life Church to the east. The proposed retail buildings are located along the street frontages away from the existing residential development located to the south and east. The three retail buildings would have building lot coverage of 22.50 percent of the site, which is less than the maximum permitted by code. Any impacts of the building scale would be mitigated by the proposed landscaping along the street frontages and the modulations in the facades created by the various fagade treatments. The proposed refuse and recycling facility would be located approximately 55 feet from the south property line. The applicant has provided screening details of this facility, which would include a 7 foot wall around three sides. However, the provided landscape plan identifies areas around the MASTER SITE PLAN AND SITE PLAN -4 1 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 facility that could be landscaped with screening plants. The Iandscape plan does not indicate any landscaping in these two landscape islands. As such, staff recommends and a condition is adopted that screening landscaping be provided in the two landscape areas around the refuse and recycling facility. B. Li htin . According to code, parking lot lighting fixtures are to be non -glare and mounted no more than 25 feet above the ground. This is to help minimize the impact onto adjacent properties_ Staff does not anticipate that exterior lighting would become an issue due to the siting of the building provided code requirements are met. A lighting plan was not submitted with site plan application, therefore staff recommends and a condition is adopted that a lighting plan be submitted with the building permit application for review and approval by the Development of Community & Economic Development, Planning Division project manager. E. Noise and Odor. The staff report notes that the proposal could create some noise and odor. Chapter 8-7 RMC sets the legislative standard for noise impacts and will adequately regulation noise when construction is completed. Although the staff report notes that restaurants could be built upon the project site that generates odor impacts, there is nothing to suggest that these odor impacts would be have any significant adverse impact on adjoining properties. 6. Surrounding. Apartments and a mobile home park are located to the east and south. A church is located to the west and park land and the Cedar River to the north. Conclusions of Law 1. Author . RMC 4-9-200(D) requires hearing examiner review of master plan applications, which are classified as Type III permits by RMC 4-8-080(G). RMC 4-8-080(G) classifies site plan review as Type II. The two permit applications have been consolidated. RMC 4-8-080(0)(2) requires consolidated permits to each be processed under "the highest -number procedure"_ The master site plan has the highest numbered review procedures, so both pen -nits must be processed as Type III applications. As Type Ili applications, RMC 4-8-080(G), grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. ZoningJComprehensive Plan Designations. The subject property is zoned Commercial Arterial (CA) and the comprehensive plan land use designation is Commercial Corridor. 3. Review Criteria. Master Site plan and Site Plan review standards are governed by RMC 4-9- 200(E)(3), with the only difference between the two that RMC 4-9-200(E)(1) requires that the criteria for the master site plan be evaluated "at a level of detail appropriate for master plans" and that RMC 4-9-200(E)(2) requires that the criteria be "evaluated in detail" for site plan applications. All applicable criteria are quoted below in italics and applied through corresponding conclusions of law. MASTER SITE PLAN AND SITE PLAN -5 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: L Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4- 3-100. 4. The proposal is consistent with the comprehensive plan policies identified at page 6 and 7 of the staff report, since the proposal provides for unified commercial infill development on two lots along a major transportation corridor. The project is consistent with applicable zoning and design standards as outlined at pages 7-16 of the staff report, the findings and conclusions of which are adopted by this reference as if set forth in full, PROVIDED, however, that this decision does not address any requested development regulation waivers or modifications. It is unclear from the staff report whether the requested waivers and modifications have been consolidated into the applications submitted to the hearing examiner and/or whether these applications have been part of the public notice for the hearings on the applications, since the applications are not identified in the staff report . project summary. The conditions of approval will require that these modification requests be separately processed at the administrative level. RMC 4-9-200(E)(3)(b): Off -Site Impacts: Mitigation of impacts to surrounding properties and uses, including: L Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages, between uses, streets, walkways and adjacent properties; iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; MASTER SITE PLAN AND SITE PLAN -6 1 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 v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 5. As determined in Finding of Fact No. 5(A), the structures are of a scale compatible with surrounding uses and are not over -concentrated on the project site. As determined in Finding of Fact 4(D), the proposal provides for desirable transitions and linkages between uses, streets, walkways and adjacent properties. As determined in Finding of Fact 5(A), refuse areas will be adequately screened from adjoining properties. Other loading and storage areas are addressed in the conditions of approval. There is nothing in the record to suggest that the proposal will have any impacts on views of attractive natural features. As discussed in Finding of Fact 5(A), a significant amount of landscaping will be placed along the perimeter of the proposal and its parking areas, which will buffer surrounding development and help to reduce noise and glare, maintain privacy and improve the aesthetics of the proposal. As determined in Finding of Fact 5(B), lighting will not adversely affect adjacent properties or streets. RMC 4-9-200(E)(3)(c): On Site Impacts: Mitigation of impacts to the site, including: L Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and falling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to deme and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements_ 6. As determined in Finding of Fact No. 5(A), landscaping has been well designed to provide for privacy and noise reduction. As further determined in Finding of Fact 5(A) the proposal has been divided into three buildings that front SE Maple Valley Road, away from adjoining residential uses, while providing for a walkable neighborhood retail center with a village feel. This spacing and orientation, along with perimeter landscaping, provides for privacy and noise reduction. The proposed setbacks of the buildings from adjoining streets, property lines and each other allows for MASTER SITE PLAN AND SITE PLAN -7 1 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 the passage of light and air. As outlined in the findings of fact, the proposal provides for less impervious surface than that authorized by applicable regulations. As noted in Finding of Fact No. 5(A), the site is currently flat and only vegetated with grasses and weeds such that the proposed and required landscaping will be an improvement over existing vegetation. As previously discussed, proposed and required landscaping will protect adjoining properties from aesthetic and privacy impacts. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: L Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 7. The proposal will directly access both Maple Valley Highway and 152nd Ave SE. It is unclear whether either of these roads is classified as arterials. At any rate, site constraints would not make any other road connections reasonably feasible. As discussed in the findings of fact, staff have reviewed the proposed internal circulation system and pedestrian connections and have found them to be adequate. Loading and bicycle facilities will be addressed in the conditions of approval. There is nothing in the record to suggest that the proposal can be reasonably conditioned to accommodate transit and carpools. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/u ers of the site. 8. Renton has no specific requirements for open space of commercial developments and there is nothing in the record that supports any requirements for recreational use as required by constitutional due process and takings law. MASTER SITE PLAN AND SITE PLAN -8 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 RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 9. There are no view corridors to shorelines or Mt. Rainier affected by the proposal. RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. 10. There are no natural systems at the site or that would be affected by the proposal. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 11. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated timeframes, for phased projects. 12. The project is not phased. DECISION As conditioned below, the site plan master site plan area approved. 1. The applicant shall comply with the 3 mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated January 14, 2013. 2. The Lot Line Adjustment and landscaping and parking modifications identified in the staff report shall be approved and the Lot Line Adjustment finalized and recorded prior to building permit issuance. 3. Internal cross walks shall be constructed of a different material than asphalt, such as concrete. Materials shall be identified with the construction permit application. Final approval of materials shall be reviewed by the Current Planning Project Manager prior to construction permit issuance. 4. The developer of the subject retail building shall allow a future pedestrian connection to the potential future gas station proposed on Lot B and agree to not contest the construction of such a connection, at the time of gas station development. In addition the future gas station developer shall be required to develop the connection across the property line onto Lot A, as the identified appropriate location for safe and sufficient pedestrian circulation throughout the site. S. The applicant shall provide a final landscape plan for review and approval by the Current Planning Project Manager, which identifies compliance with the Subsection 3. Landscaping MASTER SITE PLAN AND SITE PLAN -9 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 Along Street Frontages, included in Exhibit B of the Development Agreement prior to construction permit issuance. 6. A final landscape plan shall be submitted which identifies compliance with the internal parking lot landscaping standards, for review and approval by the Current Planning Project Manager prior to construction permit issuance. 7. The north fagade of building C shall provide awnings, updated elevations shall be provide with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 8. The applicant shall provide a materials board identifying the color and materials proposed for both the paved areas as well as the building fagades for review and approval by the Current Planning Project Manager prior to construction pen -nit issuance for the paved areas and building permit issuance for the building facades. 9. Screening landscaping shall be provided in the two landscape areas around the refuse and recycling facility. Screening landscaping shall be identified on the final landscape plan, which shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. 10. A Iighting plan shall be submitted with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 11. Storage areas, utilities, rooftop equipment, and loading areas shall be located, designed and screened to minimize views from surrounding properties. 12. Loading and delivery areas shall be separated from parking and pedestrian areas. 13. If not done so already, facilities shall be added to the proposal to accommodate bicycle parking as determined reasonably necessary by staff. DATED this 8a' day of March, 2013. 1s1 Phil Olbrechts (Signed original in official file) Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7 t floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. MASTER SITE PLAN AND SITE PLAN -10 March 8, 2013 CERTIFICATE OF MAILING STATE OF WASHINGTON COUNTY OF KING BONNIE I. WALTON, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 8th day of March, 2013, at the hour of 4:30 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record the Final Decision from the Hearing Examiner in the Cedar River Station Master Site Plan & Site Plan (LUA-12-000193, ECF, SA -M, SA -A, LLA). J. wa&o�� Bonnie i. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 8th day of March, 2013. k CynthiR.�Vloya Notary Public' in and for the State o' Washington, residing in Renton My Commission expires: 8/27/2014 I Paul Joos Cedar River Station, LLC. 15215 5E 272nI, Suite 201 Kent, WA 98042 Franklin Ng Freiheit & Ho Architects 5209 Lake Washington Blvd NE #200 Kirkland, WA 98033 Denis Medgard 12931168" Av SE Renton, WA 98059 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: February 13, 2013 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City rlark'c nffira_ Project Name: Cedar River Station LUA (file) Number: LUA-12-000193, ECF, SA -M, SA -A, LLA Cross -References: AKA's: Project Manager: Vanessa Dolbee Acceptance Date: December 13, 2012 Applicant: Franklin Ng, Freiheit & Ho Architects, Inc., P.S. Owner: Paul Joos, Cedar River Station, LLC Contact: Same as applicant PID Number: 2323059210;2323059211 ERC Decision Date: January 14, 2013 ERC Appeal Date: February 1, 2013 Administrative Denial: Appeal Period Ends: Public Hearing Date: February 19, 2013 Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting $EPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Location: SE intersection of 152"d Avenue SE & Maple Valley Hwy Comments: CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 13th day of February, 2013, 1 deposited in the mails of the united States, a sealed envelope containing HEX Staff Report documents. This information was sent to: Name Representing Franklin Ng Contact Paul Joos Owner/Applicant Denise Medgard Party of Record (Signature of Sender):A&V J,WAw- �`` STATE OF WASHINGTON 40��►kr +� SS COUNTY OF KING ) y �� • ^ � � � I certify that I know or have satisfactory evidence that Stacy M. Tucker lit signed this instrument and acknowledged it to be his/her/their free and voluntary act for thhisto rposes mentioned in the instrument. Dated: l-�.. t3 ao,3 Notary ublic in and for the State of Washington Notary (Print): Lk 1(_ (T,-,&6 _ My appointment expires: Al wl } a�� 0 {3 `Project Name .. Cedar River Station Project Number:` LUA12-000193, ECF, SA -M, SA -A, LLA Denis Law City 07W yo w000' y . Department of Community and Economic Development C.E."Chip"Vincent, Administrator February 13, 2013 Franklin Ng Freiheit & Ho Architects, Inc_, P.S. 5209 Lake Washington Blvd NE Kirkland, WA 98033 SUBJECT: Cedar River Station LUA12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Ng: This letter is to inform you that the appeal period ended February 1, 2013 for the Environmental Review Committee's (ERC) Determination of Non -Significance - Mitigated for the above -referenced project. No appeals were filed an the. ERC determination therefore, this decision is final. The applicant must comply with all. ERC Mitigation Measures outlined in the Report and Decision dated January 14, 2013. Also, a Hearing Examiner Public Hearing has been scheduled for February 19, 2013, where conditions may be issued. The applicant or representative(s) of the applicant are required to be present. Enclosed is a copy of the Preliminary Report to the Hearing Examiner for your review. If you have any questions, please feel free to contact me at (425) 430-7314. For the Environmental Review Committee, Vanessa Dolbee senior Planner Enclosure cc: Paul 5oos - Cedar River Station, LLC / Dwner{s) Denise Medgard / Party(ies) of Record Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov DEPARTMENT OF COMMUNITY D ctvot cl- AND ECONOMIC DEVELOPMENT ��� HEARING EXAMINER PUBLIC HEARING February 19, 2013 AGENDA COMMENCING AT 10:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The appkcation(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Talbot & 55th Preliminary Plat PROJECT NUMBER: LUA08-043, PP PROJECT DESCRIPTION: The applicant is requesting a 17 lot preliminary plat, vested to King County R-6 zoning, development standards, and SEPA regulations per a Settlement Agreement dated October 9, 2007, MT Development, LLC v. Renton. The subject parcel is located in the SE corner of S 55th St. and Talbot Road S. and consists of 2.91 acres. PROJECT NAME: Cedar River Station PROJECT NUMBER: LUA12-000193, ECF, SA -M, SA -A, LLA PROJECT DESCRIPTION: The applicant is requesting Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. HEX Agenda 02-19-13.doc DEPARTMENT OF CON___. JNITY I' Gly 0f February 19, 2013 �a r AND ECONOMIC DEVELOPMENT r r Paul Joos, Cedar River Station, LLC, 15215 SE 27nd Street, Suite 201, Kent, WA, REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST HEARING DATE. February 19, 2013 Project Nome: Cedar River Station Owner: Paul Joos, Cedar River Station, LLC, 15215 SE 27nd Street, Suite 201, Kent, WA, 98042 Applicont/Contact: Franklin Ng, Freiheit & Ho Architects, Inc., P.S., 5209 Lake Washington Blvd. NE, Suite 200, Kirkland, WA, 98033 File Number: LUA12-000193, ECF, SA -M, SA -A, LLA Project Manager: Vanessa Dolbee; Senior Planner Project Summary: The applicant is requesting Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway (SR 169) and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,54£ CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no other critical areas are located on the subject site. Project Location: SE intersection of 152nd Ave. SE and Maple Valley Highway Site Area: 131,450 SF Recommendation: Staff recommends approval of the Cedar River Station subject to ten conditions of approval. Project location Map HEX Report 12-000193.docx City of Renton Department of Cr unity & Economic Development Hearing Examiner Recommendation CEDAR RIVER STATION ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 2 of 16 B. EXHIBITS: Exhibit 1: Report to the Hearing Examiner Exhibit 2: Neighborhood Detail Map Exhibit 3: Site Plan Exhibit 4: Site Plan / Key Sheet Exhibit 5: Site Plan, detailed (ST -01 and ST -02) Exhibit 6: Utility Plan Exhibit 7: Conceptual Grading Plan Exhibit 8: Drainage Control Plan Exhibit 9: Landscape Plan (LA -01— LA -03) Exhibit 10: Tree cutting and Clearing Plan Exhibit 11: Lot Line Adjustment (2 sheets) Exhibit 12: Site Pian Diagram Exhibit 13: Trash Enclosure Details Exhibit 14: Fence Details Exhibit 15. Elevations (3 sheets) Exhibit 16: Floor Plans (3 sheets) Exhibit 17: Development Agreement Exhibit 18: Vested Development Standards Exhibit 19. Applicant Concurrence with Development Standards Exhibit 20: Geotechnical Engineering Study, prepared by Earth Consulting Incorporated, dated October 1, 2007, 11 pages, 3 illustrations and 2 Appendices. Exhibit 21: Preliminary Technical Information Report, prepared by ESM Consulting Engineers, LLC., dated November 12, 2012, 10 sections, 6 figures, 2 tables, and 4 appendices_ Exhibit 22: Traffic Impact Analysis, prepared by DN Traffic Consultants, dated August 23, 2012, 15 pages and one appendix. Exhibit 23: Environmental "SEPA" Determination Exhibit 24: Determination of Non -Significance -Mitigated Mitigation Measures and Advisory Notes Exhibit 25. Proof of Notice of Application Mailing HEX Report 12-000193.docx City of Renton Department of Cor^munity & Economic Development Hearing Examiner Recommendation CEDAR RIVER STATION ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 3 of 16 C. GENERAL INFORMATION: 1. Owner(s) of Record: Paul Joos, Cedar River Station, LLC. 15215 SE 27nd Street, Suite 201 Kent, WA, 98042 2. Zoning Designation: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Commercial Corridor 4. Existing Site Use: Vacant Property 5. Neighborhood Characteristics: a. North: Across Maple Valley Highway, King Co. Parks and the Cedar River b. East: Manufactured Hoare Park (RMH zone) c. South: Apartments, multi family (R-14 zone) d. West: New Life Church (R-14 zone) 6. Site Area: 131,450 SF (3,01 acres) D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 5373 06/09/2008 Aqua Barn Ranch, Inc. N/A N/A March 7, 2007 Development Agreement E. PUBLIC SERVICES: 1. Existing Utilities a. Water. Water service will be provided by Cedar River Water and Sewer District b. Sewer: Sewer service will be provided by Cedar River Water and Sewer District c. Surface/Storm Water: There are storm drainage improvements in SR 169 and in 152nd Ave SE. 2. Streets: There are no street frontage improvements along SR 169. There are existing street frontage improvements along 152nd Ave. SE. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE (VESTED) RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-060: Zoning Use Table c. Section 4-2-120A. Commercial Zoning Designations HEX Report 12-000193.docx City of Renton Department of Community & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 2. Chapter 4 Property Development Standards 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 9 Procedures and Review Criteria 1. Section 4-9-200: Site Development Plan Review 5. Chapter 11 definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element (2007) H. FINDINGS OF FACT: Hearing Examiner Recommendation ECF, SA -M, SA -A, LLA Page 4 of 16 1. The applicant is requesting a Hearing Examiner Master Site Plan and Site Plan review for the development of 21,703 square feet of general retail space in three separate buildings, 97 parking stalls and two loading stalls in the CA zone. 2. In addition to the Site Plan Review a Lot Line Adjustment has been requested as a part of the project. The subject lot line adjustment is processing on a separate yet concurrent track with the Master Plan and Site Plan. Completion of the lot line adjustment should be a condition of approval of this review. 3. The applicant has requested a modification to the landscape buffer width along the south property line to accommodate parking in combination with a modification to reduce the width of the drive aisles. The landscape request would reduce the landscape buffer to 8 feet from 15 feet and the drive aisles would be reduced to 23 feet and 19 feet 6 inches from 24 feet. 4. The master site plan identifies a gas station on the eastern edge of the proposal. The gas station is not included in the subject site plan review and/or SEPA Environmental Review, however is included to be a "place holder" and facilitate a Master Site Plan for the combined site. S. Specific uses have not been identified for the retail spaces; however the traffic analysis identified the following uses when analyzing traffic and parking needs for the site: coffee shop, high turnover sit down restaurant, auto supply store, hair/nail salon, specialty retail center and a gas station with a convenience market. 6. The Planning Division of the City of Renton accepted the above master application for review on December 3, 2012 and determined it complete on December 13, 2012. The project complies with the 120 -day review period. 7. The proposed retail space would be divided into three separate buildings identified as building A though C. Retail building A would be 7,539 square feet and contain a drive through. Building B would be 7,068 square feet and building C would be 7,096 square feet. All buildings would front Maple Valley Highway. 8. The property is located within the Commercial Corridor (CC) Comprehensive Plan land use designation and the Commercial Arterial (CA) zoning classification. 9. The development is subject to a Development Agreement Recording #20070307000134 (Exhibit 17), which includes but is not limited to, site specific land use restrictions, traffic mitigation credits, and development regulation vesting. 10. The site is currently vacant property vegetated primarily with grasses. HEX Report 12-000193.docx City of Renton Department of Cor --n unity& Economic Development Hearing Examiner Recommendation CEDAR RIVER STATION ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 5 of 16 11. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. Right of way improvements are proposed along Maple Valley Highway and currently exist along 152nd Ave. SE. 12. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed as a part of the project_ 13. Estimated quantities of grading include 2,546 cubic yards of cut and 2,446 cubic yards of fill. It is anticipated approximately 100 cubic yards of soil would be exported off the site. 14. The conceptual landscape plan submitted with the application includes the installation of landscaping both along the perimeter of the site and internal to the site. Vegetation proposed includes: Black Tupelo, Quaking Aspen, Canoe Birch, Vine Maple, Oregon Ash, Shore Pine, Low Oregon Grape, Broad- leaf Stonecrop, Oregon Box, Mock Orange, Common Camass, Stain Flower and Kinnikinnick. 15. There are no critical areas on site. 16. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on January 14, 2013, the Environmental Review Committee issued a Determination of Non -Significance - Mitigated (DNS -M) for the Cedar River Station (Exhibit 23). The DNS -M included 3 mitigation measures. A 14 -day appeal period commenced on January 18, 2013 and ended on February 1, 2013_ No appeals of the threshold determination were filed. 1) The applicant shall be required to comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Consulting Incorporated, Dated October 1, 2007. 2) The applicant shall extend the downstream analysis to include Madsen Creek. If impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks, Planning and Natural Resources Director. 3) If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. 17. A drainage report has been submitted by ESM Consulting Engineering with the site plan application. A Level 1 analysis was done and the report addresses compliance with 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and special requirements have been discussed in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. The engineer has provided calcuiations and noted in the report, a combined detention and water quality vault will be constructed onsite under the parking lot. 18. A geotechnical report was submitted by Earth Consulting, Inc. The report identifies the soils as glacial till and notes groundwater is present 7-10 feet below the surface. These soils will not support infiltration. Roof downspouts will be tightlined to the storm system. 19. No public or agency comments were received. 20. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, HEX Report 1.2-000193.docx City of Renton Department of Cori ,)unity & Economic Development Hearing Examiner Recommendation CEDAR RIVER STATION _ _ ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 6 of 16 and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 21. The proposal requires Site Plan Review. The following table contains project elements intended to comply with Site Plan Review decision criteria, as outlined in RMC 4-9-200.E. PREHENSlVE PLAN CQWIPL#ANCE AND, CONSISTENCY: a..- COMPREHENSIVE ,Thersite`is,desige�ated Commercial Corridor (CC) on the Comprehensive Plan Land. Use Map. The purpose of cc: is to,,eVolve, from ',strip c&rhMPreial" linear business districts to business areascharacterized by enhanced site.planning incorporating „efficient ,parking lot design, coordinated access, anieniities, and . . boulevard.treatment. The proposal is compliant with the following Cotnprehensive,.P.lan policies.if all conditions, of approval are met;(The following policies are consistent with the.12/10/07 update, based project vests -vg). Policy LU -335. Increased demand for commercial uses should be accommodated primarily ✓ through redevelopment and intensification of existing business area designations rather than expansion of those areas. Objective LU -EEE: Create opportunities for development and re -development of land in portions of the Commercial Corridor designation for general business and service uses. These Include a wide range of restaurant, small-scale to big -box retail, offices, auto dealers, light industrial, and residential uses. Objective LU-FFF: Create opportunities for intensive office uses in portions of Commercial ✓ Corridor designations including a wide range of business, financial, and professional services supported by service and commercial/retail activities. Objective LU-GGG: Guide redevelopment of land in the Commercial Corridor designation ✓ with Commercial Arterial zoning, from the existing strip commercial forms into more concentrated forms, in which structures and parking evolve from the existing suburban form, to more efficient urban configurations with cohesive site planning. Policy LU -346. Support the redevelopment of commercial business districts located along principal arterials in the City. ✓ Policy LU -347. Implement development standards that encourage lively, attractive, medium to high-density commercial areas. ✓ Policy LU -348. Encourage consolidation of individual parcels to maximize flexibility of site design and reduce access points. Policy LU -349. Support development plans incorporating the following features: 1) Shared access points and fewer curb cuts; 2) Internal circulation among adjacent parcels; 3) Shared parking facilities; 4) Allowance for future transition to structured parking facilities; 5) Centralized signage; 6) Unified development concepts; and 7) Landscaping and streetscape that softens visual impacts. ✓ Policy LU -353. Structures at Commercial Corridor intersections should not be set back from the street and sidewalk so as to allow vehicular circulation or parking to be located between HEX Report12-DDa193.docx City of Renton Department of Co unity & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 Hearing Examiner Recommendation ECF, 5A -M, SA -A, LLA Page 7 of 16 HEX Report 12-000193.docx the sidewalk and the building_ Policy LU -355. Parking at designated intersections should be in back of structures and not ✓ located between structures and the sidewalk or street. Policy LU -358. Parking areas should be landscaped (including street trees, buffers, berms), especially along roadways, to reduce visual impacts. Objective LU-JJJ: Where Commercial Corridor areas intersect other land use designations, ✓ recognition of a transition and/or buffer between uses should be incorporated into redevelopment plans. ✓ Policy LU -368. Consideration of the scale and building style of near -by residential neighborhoods should be included in development proposals, Policy LU -359. Development should be designed to consider potential adverse impacts on •� adjacent, less intensive uses, e_g. lighting, landscaping, and setbacks should all be considered during site design. Policy LU -370. Landscape buffers, additional setbacks, reduced height, and screening ✓ devices such as berms and fencing should be employed to reduce impacts (e.g. visual, noise, odor, light) on adjacent, less intensive uses. b. ZONING COMPUANCE AND CONISTENCY:: Pursuartf to',5eetiort 5< Effect of E?evelapent Agreeinerit, the property shall not be subject to ;a new -zoning-ordinance or,an arhendmer t to"a zoning ordjnan(e or to a development regulation cit standard adopted by the City 'after' the ,effective date oft Agn"rnent, unless agreed fo by the:owners.:of the ,eed the attached ,developrrent regulations `prape.ty:The .City and -the Owners have' agr pe rt+ons of the r would.!be applicable to the subject developfnent ';Such vested standards are reflected below . The subject site .is.classifiied ,Commercial Arterial JCA) on the City of Renton Zoning Map. The following development standards areaPPlicable,to the proposal. ...._ Density: Not applicable. Lot Dimensions: None Maximum tot Coverage for Buildings: 65% of total lot area or 75% if parking is provided within the building or within an on-site parking garage. Following completion of the proposed Lot Line Adjustment, the three retail buildings would be located on Lot A, which is proposed to be 96,423 SF. The total building footprint is 21,703 SF, which would result in 22.5 percent building coverage. As such, the project would be in compliance with the maximum building coverage standards following completion of the lot line adjustment. Setbacks: Per RMC 4-2-120A the CA zoning classification requires a minimum front yard setback of 10 feet which may be reduced to zero feet during the site plan development review process, provided blank walls are not located within the reduced setback. The CA zone has no rear or side yard setback except 15 feet if lot abuts or is adjacent to a residential zone, not including RMH. The minimum freeway frontage setback of 10 feet landscaped from the property line. The applicant provided a site plan with the application (Exhibit 3), based on the site plan all buildings would exceed the minimum setbacks. All retail buildings exceed 20 feet from all property lines. In addition, the applicant has proposed a 15 foot landscaped setback along frontages, SR 169 and 152nd Ave. SE. Building Height: Per RMC 4-2-120A building height is restricted to 50 feet unless a conditional use HEX Report 12-000193.docx City of Renton Department of Cor—runity & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 permit is obtained. Hearing Examiner Recommendation ECF, SA -M, SA -A, LLA Page 8 of 16 The height of the proposed structures would be 24 feet 4 inches at the highest point. Each building is designed with similar elevations and all are proposed at the same height, which is compliant with the maximum height permitted in the CA zone. Landscaping: Site Landscaping: Landscaping requirements are identified in Exhibit 8 of the Development Agreement, subsection Standards 3. Which requires that a 15 foot wide landscape strip along all street frontages. Unimproved portions of abutting street right-of-way can be used in combination with abutting private property to meet the required 15 foot landscape strip width. Such landscaping shall include a minimum 30 -inch high berm and 2.5 inch caliper red maples planted 25 feet on center, if the existing trees are not retained. In addition to the street frontage landscaping requirements, RMC 4-2-12OA requires a 15 foot wide landscape visual barrier or (if approved via site plan review) a 10 foot wide sight -obscuring landscape strip between commercial lots and abutting property roped residential (excluding RMH). In addition, the Development Agreement requires a double-faced and stained 5 -foot high wood fence installed along any unfenced boundaries of the site that abut residentially zoned property. In order to improve pedestrian access to and from abutting residential properties, openings in the fence shall be provided. The applicant provided a conceptual landscape plan with the application. Such landscape plan identifies a 15 foot wide landscape strip along all frontages. However, the applicant has proposed to remove all existing street trees along both SR 169 (Maple Valley Highway) and 152nd Ave. SE. As such, the applicant shall provide the red maples noted above. The provided landscape plan did identify trees located in the 15 -foot landscape strip, but the proposed trees were not 2.5 inch caliper and no red maples were identified in the planting schedule. Furthermore, the provided landscape plan did not indicate if a berm was proposed. As such, staff recommends as a condition of approval that the applicant provide a final landscape plan for review and approval that identifies compliance with the Subsection 3. Landscaping Along Street Frontages, included in Exhibit B of the Development Agreement prior to construction permit issuance. The applicant has proposed to provide a 15 -foot wide landscape strip along a portion of the rear property line adjacent to the R-14 zoned property. However, the applicant has requested a modification to the landscape width requirements along the southern property line to be reduced down to 8 feet along a portion of the boundary. The request for the reduced landscape strip is a result of re -designing the retail project to provide a street presence along SR 169. The relocation of the retail buildings to front SR 169 moved the rear of the project away from the residential development and placed a parking lot between the commercial development's "back door' and the existing apartment development. The relocation of the buildings provides an additional buffer which is above and beyond the intent of the 15 -foot wide landscape strip. The applicant has proposed to provide an 8 -foot wide landscape strip along the portions of the southern property line where the parking lot drive aisle is located. In combination with the landscaping a wood fence is required to provide additional screening. Staff recommends approval of the reduced landscape strip width as the overall site plan design has a reduced effect on the residential development to the south. The provided conceptual landscape plan identified sufficient space to provide a 15 -foot wide landscape strip along the east property line adjacent to the RMH zone. The installation of this landscaping would not be provided until development of Lot B. A fence detail was provided with the application, identifying a 5 foot tall wood fence. The detail identifies compliance with the fencing requirement. HEX Report 12-000193.docx City of Renton Department of Cor-munity & Economic Development Hearing Examiner Recommendation CEDAR RIVER STATION ECF, SA -M, SA -A, LLA Hearing Rate February 19, 2013 Page 9 of 16 Parking Lot Landscaping: A minimum of 25 SF of parking lot landscaping per stall is required for parking lots with 51 — 99 stalls. Any landscaped area shall be a minimum of 5 feet in width. Interior parking lot landscaping shall include at least one tree for every 6 spaces, shrubs shall be planted at a rate of 5 per 100 SF of landscaped area. Up to 50% of the shrubs may be deciduous and all shrubs shall have a mature height between three and four feet. Groundcover shall be sufficient quantities to provide 90% coverage within three years of installation. No more than 50 feet shall be permitted between parking stall landscape areas. An underground Irrigation System is required. Based on the proposal to provide 97 parking stalls the applicant would be required to provide 2,425 5F of interior parking lot landscaping with 16 trees. The conceptual landscape plan has identified 14 trees; as such the applicant shall be required to provide two additional trees to be in compliance with the above standards. Landscape islands total 3,219 square feet of area which would be compliant with the minimum size standards. Based on 3,219 square feet of landscape area 161 shrubs would be required in the interior parking lot landscaping. Based on the provided landscape plan 128 shrubs are proposed to be located in the interior parking lot landscaping, which is less than the minimum requirement. All parking stalls appear to be within 50 feet of a landscaped area. Based on the provided plant schedule many of the proposed shrubs would not have a maturity height of 3 feet. The applicant has proposed to use 56 low Oregon grape shrubs. The low Oregon grape typically matures at a height of 2 feet and is better suited as a ground cover. Broad -leaf stonecrop has a maturing height of 6 inches, and is typically considered a ground cover. The Common Camass is a flowering bulb and is typically no taller than 24 inches. Based on the above analysis, many sections of the internal parking lot landscaping do not comply with the standards, as such staff recommends as a condition of approval that a final landscape plan be submitted which identifies compliance with the internal parking lot landscaping standards, for review and approval prior to construction permit issuance. Refuse and Recyclables: Per RMC 4-4-090 for retail developments a minimum of 5 square feet per every 1,000 square feet of building gross floor area shall be provided for recyclable deposit areas and a minimum of 10 square feet per 1,000 square feet of building gross floor area shall be provided far refuse deposit areas with a total minimum area of 100 square feet. In addition, such facilities are required to be screened and gated pursuant to the above code section. Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet of a residentially zoned property. Based on the proposal for a total of 21,703 SF retail establishment; a minimum area of 108 SF of recycle area and 217 5F of refuse area would be required. The applicant is proposing a 341.80 square foot refuse and recyclable deposit area near retail building C. The proposal complies with the refuse and recyclable size standards. The facility is located approximately 55 feet north of the south property line, complying with the minimum distance requirements from the adjacent residential development. Based on the provided trash enclosure details, the facility would be enclosed with a CMU wall, metal roof, and a gate. Based on the provided plans the wall would be 7 feet 4 inches high with a 20 foot gate opening for service pick up. The refuse and recycling facilities would comply with the code regulations. Critical Areas: The project does not contain any critical areas. Parking. Shopping Centers require a minimum of 0.4 spaces per 100 square feet of net floor area and a maximum of 05. Per 100 square feet of net floor area. Drive-through facilities shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5 stacking HEX Report 12-000193.docx City of Renton Department of Corlr7unity & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 Hearing Examiner Recommendation ECF, SA -M, SA -A, LLA Page 10 of 16 spaces per window are required unless otherwise determined by the Planning Director. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. The three proposed retail buildings would total 20,550 net 5F resulting in a minimum requirement of 52 stalls and a maximum parking permitted of 102 stalls. The applicant has proposed to provide 97 parking stalls, which would fall between the minimum required and the maximum permitted. The provided site plan identifies enough room for 6 car stacking for the proposed drive through in retail building A. The minimum amount of accessible parking stalls required for parking lots of 76— 100stalls is four. The applicant has provided four ADA parking stalls, which would comply with the minimum requirement. Parking regulations specify standard stall dimensions of 9 feet x 20 feet, compact dimensions of 8% feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet. No more than 30 percent of the parking stalls are permitted to be compact. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. For one row and two rows of 90 -degree head -in parking using the same aisle in a one way or two way circulation pattern, the minimum width of the aisle shall be 24 feet. Based on the provided site plan all parking stalls meet the minimum dimensional standards. The applicant has proposed to provide 21 compact stalls, which is 22 percent of the parking stalls provided. All north south drive aisles are 24 feet in width. However, the applicant has requested a modification to reduce the drive aisles aligned east/west from 24 feet to 23 feet. Staff recommends approval of the drive aisle width reduction as it would not be injurious to other property owners in the vicinity and would meet the intent and purpose of the code, would substantially implement the policy direction of the Comprehensive Plan, and would meet the objectives and safety functions. The reduction of one foot in the drive aisle would not impact site circulation and would provide sufficient back out space for vehicles at the site. In addition, the pedestrian connections throughout the site are located north of the drive aisle allowing for sufficient separation between pedestrians and vehicles, which would reduce any conflicts that could result from a reduced drive aisle width. If the requested modification is approved the proposed parking lot dimensions would be in compliance with the code regulations. Pedestrian Access: A pedestrian connection shall be provided from a public entrance to the street in order to provide direct clear and separate pedestrian walks from sidewalks to buildings entries and internally from buildings to abutting retail properties. The applicant has provided sidewalk connections to both SR 169 and 152"d Ave. SE in addition to internal pedestrian connections between all three retail buildings. The internal pedestrian connections from each building cross the drive aisle of the parking lot at two locations and the connections to the public street near retail building across the drive through lane at two locations. In order to ensure pedestrian safety through these areas, staff recommends a condition of approval that the cross walks be constructed of a different material than asphalt, such as concrete. The development has provided sufficient pedestrian facilities for the proposed three retail buildings, however the pedestrian connections to the future gas station have not been proposed. Based on the proposal it would appear that the safest location for a pedestrian connection to the future fueling station would be either via the sidewalk along SR 169 or an extension of the walkway located along the southern side of retail building C. However, this connection shall relate to the proposed future convenience store. As the specific location of the store has not yet been identified and/or approved by the City, the appropriate location is challenging to identify at this time. Therefore, staff recommends as a condition of approval that the developer of the subject retail building allow a HEX Report 12-000193.docx City of Renton Department of Co---nunity & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 Hearing Examiner Recommendation ECF, SA -M, SA -A, LLA Page 11 of 15 future pedestrian connection to the potential future gas station proposed on Lot B and agree to a no contest for the developer to construct such connection. in addition staff recommends as a condition of approval that the future gas station developer be required to develop the connection across the property line onto Lot A. c. DEVELOPMENT AGREEMENT - DESIGN. REGULATION ZOMPLIANCE AND CONISTENCY: Exhibit B," the.:;: Dgvefopment:Agreement related to the subject project, contains design standards. The intent is than any . , commercial, development, nn..either of these two parcels be of a quality that will fit in with its residential and nearby rural surrounds rather than being garish or '`Disney -like in: its setting near the urban/rural Urban Growth Boundary. The intent, also, is that both parcels, if developed independentlyof each other share -common thematic,' 'elements :such ❑s building forms, materials, signage; and andscaping to :'the intent reasonably practical .in view':of the; ultimate uses on the parcels. As. demonstrated in the table below, the proposal meets the intent. of the Design: Regulations on:, the basis of individual merit if 'all 'conditions of approval are met.. L Common Thematic Elements: Building elements such as those identified below ore to be used throughout each of the two parcels to create a unifying architectural statement for the development of each parcel and both parcels when seen from SR 169. Materials: Drawings submitted for review and approval shall identify exterior materials such as masonry or concrete block that will be used on the facades of all buildings. ✓ Fenestration: Drawings submitted for review and approval shall identify location of openings and types of glazing proposed, including color of glass and frames. Roofing: Drawings submitted for review and approval shall identify roofing style (flat, gabled, pitched, mansard, etc.), material, pitch, and color; and ensure that these are consistent throughout the development of each parcel. Additional Architectural Elements: drawings submitted for review and approval shall include type and location of awnings (if any), their proposed materials and color, and all exterior lighting should be shown on all relevant elevations and perspectives. Glass and Partial metal awnings (or awnings of other permanent materials) or overhanging eves shall be Compliance provided on all facades visible from public streets. Staff Comment: Based on the provided elevations and floor plans, it was not clear if awnings were proposed along the north fapde of Building C. As such, staff recommends as a condition of approval that the north fagade of building C provide awnings. Other Architectural Embellishments (if any): Drawings submitted for review and approval shall include decorative roof treatments, decorative lighting, decorative paneling, etc., which are encouraged and, if proposed, shall be shown in all relevant building elevations and perspectives. Signage: Drawings submitted for review and approval shall identify all proposed exterior signage including fb�ade signs. Any allowed freestanding signs shall be ground -oriented monument type signs. Pole and roof top -mounted signs shall be prohibited. N/A Staff Comment: The provided elevations indicated that signage would be applied to the facade, as wall signs. However, a specific signage package was not submitted with the application. All signs require a sign permit application; any proposed signs would be reviewed for consistency with the subject application at time of sign permit application. Paving Materials: Drawings submitted for review and approval shall identify all paving materials including driveways, parking area, and pathways. in regard to buildings greater Partial than 5,000 SF in size, a minimum 8 -foot wide concrete sidewalk with decorative banding Compliance shall be provided along the building sides(s) abutting parking areas. Such sidewalks shall be raised from the grade of the abutting parking areas a minimum of four inches except for ramps for handicapped access and rolling of shopping carts. HEX Report 12-000193.docx City of Renton Department of Cor- -7unity & Economic Development Hearing Examiner Recommendation CEDAR RIVER STATION ,ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 12 of 16 Staff Comment: All three proposed retail buildings are proposed to be over 5,000 SF, therefore a minimum 8 -foot wide concrete sidewalk with decorative banding shall be provided along all building sides abutting parking areas. Based on the provided site plan, the sidewalks on all three sides of building B are approximately 7 feet wide and the sidewalks on the south and east side of building C are 7 feet wide. However, the applicant has provided an overall site plan that is superior to a standard strip commercial development. The site plan design results in the requirement to provide 8 -foot sidewalks on three of the four sides of the buildings for building B and C. The applicant has provided 7 -foot wide sidewalks along all sides of the buildings where the 8 -foot requirement is not met. The 7 -foot sidewalk in combination with the superior site design meets the intent of the Design Standards identified above. As such, staff recommends approval of the 7 foot wide sidewalks around building 8 and along the south and east side of building C. Furthermore, detailed information about materials and/or decorative banding was not provided with the application. As such, staff recommends a condition of approval that the applicant provide a materials board identifying the color and materials proposed for both the paved areas as well as the building fagade for review and approval prior to construction and building permit issuance. Exterior Lighting: Drawings submitted for review and approval shall identify all proposed exterior lighting, including parking lot lighting, and decorative lighting along pedestrian corridors. Surface Water Detention Fonds: Surface water detention ponds (if any) shall be screened and landscaped with sight -obscuring evergreen plant materials. Where pond fencing is NSA required, it shall be decorative in appearance and use permanent materials such as metal or decorative concrete block. Landscaping should buffer the exterior of all such fencing or walls. d ;MITIGATION .OF,:IMPAGTS:TO SURROUNDING PROPERTIES AND USES. . City staff does not anticipate any adverse impact on surrounding properties and uses. The entire site would be landscaped along the perimeter with a minimum of 8 feet of landscaping in combination with fencing. The proposed retail buildings are located along the street frontages away from the existing residential development located to the south and east. The proposed site layout would not impair the use or enjoyment of surrounding uses and structures by the community. The pedestrian connection provided to the apartments to the south would provide a walkable connection to retail services that are currently not provided today_ The proposed one story structures would not be out of scale with the neighborhood, in fact they are smaller in scale then many of the surrounding developments including the apartments to the south and New Life Church to the east. Any impacts of the building scale would be mitigated by the proposed landscaping along the street frontages and the modulations in the facades created by the various fagade treatments. The proposed refuse and recycling facility would be located approximately 55 feet from the south property line. The applicant has provided screening details of this facility, which would include a 7 foot wall around three sides. However, the provided landscape plan identifies areas around the facility that could be landscaped with screening plants. The landscape plan does not indicate any landscaping in these two landscape islands. As such, staff recommends as a condition of approval that screening landscaping is provided in the two landscape areas around the refuse and recycling facility. The additional development of the site would have positive impacts that would far outweigh the potential negative impacts. The proposed project would improve a currently vacant un -vegetated HEX Report 12-000193.docx City of Renton Department of Co --unity & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 Hearing Examiner Recommendation ECF, SA -M, SA -A, LLA Page 13 of 16 site, which has previously been graded for development. The new parking lot landscaping, the street frontage improvements along Maple Valley Highway (including curb, gutter, and sidewalk) and landscaping along 152nd St. SE would improve the site. e. MITIGATION OF;IMPACtS OF THE PROPOSE© SITE PLAN TO THE SITE The scale, height, and bulk of the proposed building is appropriate for the site, and is anticipated to be architecturally compatible with the existing development in the project vicinity. The three retail buildings would have building lot coverage of 22.50 percent of the site, which is less than the maximum permitted by code. The conceptual landscaping plan would provide for perimeter site landscaping round all edges of the site with the exception of areas for walkways and driveways. Parking lot landscaping is also proposed which would include trees, shrubs, and ground cover. Fallowing project development the vacant site would be landscaped in all areas with the exception of the gas station (Proposed Lot B). The site is currently flat and is only vegetated with grasses, the final development project would improve the existing landscaping and is responsive to the sites topography and natural features. The applicant divided the retail development into three separate structures which reduces the overall visual scale of the development and at the same time creates a village feel. The buildings are placed along the street frontages to facilitate a walkable neighborhood retail center. Pedestrian connections are provided along the entire frontage of the site and connected throughout the development from each building though the parking lots and to the residential development to the south. The building placement along the north edge of the property would result in the majority of the parking area and landscape area having access to sun and shade would be provided along the street frontages. Impervious surfaces have been limited to the extent feasible for the retail development. However, at this time the fuel station site (Lot B), does not identify any landscaping. This would be a requirement for any development on Lot B and should be enhanced prior to submittal of a Site Plan application for Lot B. f. CONSERVATION OF AREAWIDE PROPERTY VALLIES The proposed development is expected to conserve and possibly increase property values in the vicinity of the site. The development of the site provides improvements to infrastructure, landscaping and lighting and additional local service opportunities_ SAFETY AND.EiFFICIENCY OF,VEHICLE.AND PEDESTRIAN CIRCULATION , Access to the site would be from Maple Valley Highway and 152nd Ave. SE. Right of way improvements are proposed along Maple Valley Highway and currently exist along 152nd Ave. SE. Both access points would operate with full turning movements. All improvements along Maple Valley Highway (SR 169) would be required to comply with Washington State Department of Transportation standards. The site plan provides sufficient parking spaces and staking space for the drive through, in addition internal site circulation appears sufficient to accommodate the anticipated users. See above, sub -section b. Zoning Compliance and Consistence, Pedestrian Access. ''PROVISION OF APfQUATE LIGHT AND AIR This single -story building would not have a significant impact on light access or air movement on adjacent properties. The use of the project is not influenced by factors of light or air. According to code, parking lot lighting fixtures are to be non -glare and mounted no more than 25 feet above the ground. This is to help minimize the impact onto adjacent properties. Staff does not HEX Report 12-000193.docx City of Renton Department of Cor --?unity & Economic Development Nearing Examiner Recommendation CEDAR RIVER STATION ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 14 of 16 anticipate that exterior lighting would become an issue due to the siting of the building provided code requirements are met. A lighting plan was not submitted with site plan application, therefore staff recommends as a condition of approval that a lighting plan be submitted with the building permit application for review and approval by the Development of Community & Economic Development, Planning Division project manager. t.114177GATION OF NOISE, ODORS AND OTHERWARMFUL .OR UNHALTHY CONJNTONS Noise and odor impact would occur as a result of the proposed project. Noise impacts would be a result of commercial retail development, including operating noise and vehicular noise. Odor impacts may result from the potential future user of the site. Specific users were not identified with the application; however if a restaurant, particularly a high turnover restaurant, could result in odors. The development agreement limits the number of drive throughs the site can operate; the proposed development (event with the addition of a car wash on Lot B) would not exceed the restriction_ Operating hours were not identified with the application. Limiting 24 hour operations would limit the noise impacts of the project which is adjacent to residential development. The noise related to vehicular traffic is not anticipated to be more than a typical retail development and would not exceed the noise associated with SR 169. k: r4VA1LABIL/IY:OF iPUBL►CSERI/ICES ANS FAC►iJTlES: TO,ACCOMMD[iITF Ti tE A1;'OSPOEt7 USE. Public services are currently available to the site. The project is within the Cedar River Water and Sewer District Service area. There are storm drainage improvements in SR 169 and in 152nd Ave SE. The applicant has proposed a combined detention and water quality vault will be constructed onsite under the parking lot which would connect to the existing storm drainage improvements. The applicant is proposed to provide frontage improvements along SR 169 and maintain the existing improvements along 152nd Ave. SE. I- PREVENTION OF'NEIGHBORHOO'D UET,,ERIORATIC AND BLIGHT, The architectural design and landscaping of the site would ensure that the property would make a positive contribution to the physical condition and visual aesthetic of the area. No deterioration or blight is expected to occur as a result of this proposal. As long as design standards are maintained, the development would be compatible with the existing area. 1. CONCLUSIONS: 1. The proposal complies with the Master Site Plan and Site Plan Review Criteria if all conditions of approval are met. 2. The proposal is compliant and consistent with the plans, policies, regulations and approvals, as vested pursuant to the applicable Development Agreement. 3. The proposal is consistent with the design standards required in the Development Agreement, if all conditions of approval are met. 4. The proposal sufficiently mitigates the impact to surrounding properties and uses. 5. The proposal sufficiently mitigates the proposed site plan to the site. 6. The proposed project is anticipated to conserve area -side property values. FLEX Report12-000193.docx City of Renton Deportment of Co --iunity & Economic Development CEDAR RIVER STATION Hearing Date February 19, 2013 Heoring Examiner Recommendation ECF, SA -M, SA -A, LLA Page 15 of 16 7. The building retail buildings are the appropriate scale, height and bulk for the site. 8. There are adequate public services and facilities to accommodate the proposed use. 9. Adequate parking and sufficient vehicular and pedestrian circulation for the proposed use has been provided if all conditions of approval are complied with. 10. The proposed development would not generate any long term harmful or unhealthy conditions_ Potential noise, light and glare impacts from the proposed use have been evaluated and mitigated if all conditions of approval are complied with. 11. Landscaping has been provided in all areas not occupied by buildings or paving. Additional landscaping has been provided in order to buffer adjacent properties from potentially adverse effects of the proposed use. J. RECOMMENDATIONS: Staff recommends approval of the Cedar River Station subject to the following conditions: 1. The applicant shall comply with the 3 mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated January 14, 2013, 2. The Lot Line Adjustment shall be finalized and recorded prior to building permit issuance. 3. Internal cross walks shall be constructed of a different material than asphalt, such as concrete. Materials shall be identified with the construction permit application. Final approval of materials shall be reviewed by the Current Planning Project Manager prior to construction permit issuance. 4. The developer of the subject retail building shall allow a future pedestrian connection to the potential future gas station proposed on Lot B and agree to not contest the construction of such a connection, at the time of gas station development. In addition the future gas station developer shall be required to develop the connection across the property line onto Lot A, as the identified appropriate location for safe and sufficient pedestrian circulation throughout the site. 5. The applicant shall provide a final landscape plan for review and approval by the Current Planning Project Manager, which identifies compliance with the Subsection 3. Landscaping Along Street Frontages, included in Exhibit B of the Development Agreement prior to construction permit issuance. 6. A final landscape plan shall be submitted which identifies compliance with the internal parking lot landscaping standards, for review and approval by the Current Planning Project Manager prior to construction permit issuance. 7. The north facade of building C shall provide awnings, updated elevations shall be provide with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. 8. The applicant shall provide a materials board identifying the color and materials proposed for both the paved areas as well as the building fagades for review and approval by the Current Planning Project Manger prior to construction permit issuance for the paved areas and building permit issuance for the building facades. 9. Screening landscaping shall be provided in the two landscape areas around the refuse and recycling facility. Screening landscaping shall be identified on the final landscape plan, which shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. 10. A lighting plan shall be submitted with the building permit application for review and approval by the Current Planning Project Manager prior to building permit issuance. HEX Report 12-000193.docx City of Renton Department of Co'---iunity & Economic Development Nearing Examiner Recommendation CEDAR RIVER STATION ECF, SA -M, SA -A, LLA Hearing Date February 19, 2013 Page 16 of 16 K. EXPIRATION PERIOD: The Hearing Examiner shall determine, and document in writing, an appropriate expiration date for the Master Plan, granting up to five (5) years. An applicant shall submit a complete Site Plan application for the development within the specified time frame if a Site Plan was not combined with the Master Plan application. The Administrator or designee may grant a one year extension for good cause. The final approval of a Site Plan shall expire within two (2) years of the date of approval. A single two (2) year extension may be granted for good cause by the Administrator or designee. The Administrator or designee may determine at his or her discretion that a public hearing before the Hearing Examiner is required for such extension. HEX Report 12-000193.docx CONSERVATION RESIDENTIAL (R-14) Renton _fir i City Of Renton d'vision -- -` DEC 3 2012 I mit.— SITE COMMRCIAL ART RIAL 15#31i� 015304 RESIDENTIAL (R-14) *15325 i 1.5325 15325 f r *15�1�5325 *15325 15211# rS3 25153 25 015 335 1532 # .15325 . J f 1 Ll �l i_i 1.5325 ,6 15400 . %15400 lip 1540 D Y � 115„44 ,}153 a 11. 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ELi = oa�i - LL LL 1 11111 INN 11 9 o U O 1 f w � i -------------------- -- } G x I 1i i� p ;sm ............— ' �f / �3p 1 } j I ------------ _1 I II E u 9 Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton, Washington 98055 Please print or tvoe information CITY OF RENTON AG PAGE001 OF 014 03/07/2007 09:22 KING COUNTY. WA 'f 111! 11 11 .l1-�l11Ulllln 7000134 45.00 Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. DEVELOPMENT AGREEMENT Reference Number(s) of Related Documents: NIA Grantor(s) (Last name, first name, initials) 1. AQUA BARN RANCH, INC., a Washington corporation 7 Additional names on page of document_ Grantees) (Last name first, then fust name and initials) 1. CITY OF RENTON, a municipal corporation of the State of Washington Additional names on page of document_ Legal description (abbreviated: i.e. lot, block, plat or section, township, range) LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUNIBER L99S3019 (AFN 20010831900002) Additional legals are on Pale ii of docurnent. Assessor's Property Tax ParcellAccount Number El Assessor Tax # not yet assigned 2323459210 and 2323059211 The AuditorlRecorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. N rl N m H X W DEVELOPMENT AGREEMENT PARTIES This Development Agreement (this "Agreement") is made and entered into effective this I" day of December, 2006 by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and AQUA BARN RANCH, INC., a Washington corporation, the owner of the parcel of property within the area covered by this Agreement ("Owner"). RECITALS WHEREAS, the Cite has initiated processing a Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the property that is now legally described as follows (the "Property"): LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUMBER L99S3019, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 20010831900002, RECORDS OF KING COUNTY, WASHINGTON. WHEREAS, the Property currently lies in unincorporated King County; and WHEREAS, the Property's King County Comprehensive Plan Land Use Map designation is Neighborhood Business Center; and . WHEREAS, the Property's King County Zoning Map classification is Neighborhood Business (NB); and WHEREAS, the City has previously recognized the Property's King County Comprehensive Plan Land Use Mag designation and Zoning Map classification; and WHEREAS, the Owner and the City both wish to have the Property (a) designated DEVELOPMENT AGREEMENT --Page I Corridor Commercial (CC) on the City's Comprehensive Plan Land Use Map and (b) zoned Arterial Commercial (CA) on the City's Zoning Map, subject to this Agreement; and WHEREAS, on September 20, 2006, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Land Use Map Amendment and Zoning Map Amendment; and WHEREAS, on November 13, 2006, the City Council held a public hearing concerning this then -proposed development agreement; WHEREAS, the City Council has taken into account the public comments presented at the Planning Commission public hearing and at the Council's public hearing; and WHEREAS, on November 27, 2006, the City Council adopted a Planning and Development Committee report concerning the proposed Comprehensive PIan Land Use Map Amendment and Zoning Map Amendment and this then -planned development agreement; WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW, THEREFORE, the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36.70B_170(1), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting ' forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTY A. Illustrative Map: The Property is graphically represented in the drawing attached hereto as Exhibit A. B. King County Property Identification Numbers: 2323059210 and 2323059211 SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING SUBJECT TO SITE SPECIFIC LIMITATIONS ON ALLOWABLE LAND USES: DEVELOPMENT AGREEMENT --Page 2 A. Site -Specific Land Use Limitations. The parties hereby agree that, in conjunction with both (1) the Comprehensive Plan Land Use Map Designation described in Subsection B, below, and (2) the Zoning Map classification described in Subsection C, below, the following site-specific land use limitations (the "Site -Specific Land Use Limitations") shall apply: The following particular uses ordinarily allowed in the CA zone as set forth in Renton Municipal Code Title IV Section 4-2-070K shall be inapplicable to the Property: (a) The "Natural resource extraction/recovery" use listed under the `AGRICULTURAL AND NATURAL RESOURCES" use category; (b) The "Kennels, hobby" use listed under the "ANIMALS AND RELATED USES" use category; (c) The "Group Homes I" and "Group Homes II for 7 or more" uses listed under the "OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS" use category; (d) The "Other higher education institution" use listed under the "SCHOOLS" use category; (e) The "Adult retail use", "Big -box retail", "Horticultural nurseries", "Retail sales, outdoor", "Vehicle sales, large" and "Vehicle sales, small" uses listed under the "RETAIL" uses category; (fj The "Adult entertainment business", "card rooms", "Dance clubs", "Dance halls", "Not for profit gambling", "Sports arena, indoor", "Sports arena, outdoor" and "Recreation facilities, outdoor" uses listed under the "ENTERTAIlVMENT AND RECREATION" use category; (g) The "Hotel", "Motel", "Off-site services", "Convalescent centers" and "Medical institutions" uses listed under the "SERVICES" use category; (h) `Body shops", "Express transportation services", "Parking garage, structured, commercial or public", "Parking, surface, commercial or public", "Park and ride, dedicated" and "Transit centers" uses listed under the "VEHICLE RELATED ACTIVITIES" uses category; DEVELOPMENT AGREEMENT --Page 3 (i) "Outdoor storage" and "Self-service storage" uses listed under the "STORAGE" uses category; and 0) All uses listed under the "INDUSTRLU" uses category. 2. The following particular uses ordinarily allowed in the CA zone as set forth in Renton Municipal Code Title IV Section 4-2-070K shall be allowed on the Property but with the following corresponding special restrictions: (a) "Drive-in/drive-throw, retail" uses provided that: (i) Not more than four (4) such uses shall be allowed on the Property (and, if a gas station and/or a car wash is located on the Property, the gas station shall be counted as one of the four uses and the car wash shall be counted as one of the four uses); and (ii) Not more than two (2) free-standing drive-in/drive-through fast-food restaurant buildings shall be permitted on the Property (each such building to constitute one of the four uses in the limitation set forth under subsection (i), above) and all such fast-food restaurant buildings shall have customer seating; (b) "Vehicle rental, small" use listed under the "SERVICES" use category provided that: (i) The use is included as part of a commercial development; (ii) A maximum of 10 parking stalls assigned and marked for rental vehicles shall be allowed on the premises; and (iii) The assigned and marked parking stalls shall be considered to be part of the number of total parking stalls otherwise permitted under applicable parking provisions of the Renton Municipal Code (i.e., the parking stalls assigned and marked for rental vehicles shall not be allowed in addition to the total number of stalls otherwise permitted); (c) "Car washes" use listed under the "VEHICLE RELATED ACTMTIES" use category provided that (i) hours of operation shall be limited to 7:00 am to 9:00 pm and (2) no self-service washes shall be allowed on the premises; and DEVELOPMENT AGREEMENT --Page 4 (d) "Vehicle repair and service, small" use listed under the "VEHICLE RELATED ACTIVITIES" use category provided that (i) all repair and service be conducted within a building, (ii) the building has a design comparable in quality to that of a Jiffy Lube° or Oil Can Henry's' service building. 3. The design standards set forth on Exhibit „B, attached, shall apply to commercial development on the Property. B. Comprehensive Plan Map Designation: The parties agree that, subject to the Site - Specific Land Use Limitations listed in Subsection A above, the Property shall have a Corridor Commercial (CC) Comprehensive Plan Land Use Map designation. C. Zoning: The parties further agree that, subject to the Site -Specific Land Use Limitations listed in Subsection A above, the Property shall have an Arterial Commercial (CA) Zoning classification. SECTION 4. TRAFFIC MITIGATION FEE CREDIT The Owner has submitted to the Renton Development Services Division documentation for the Division's review and consideration of the following facts: (1) Around 2003 (while the Property and two abutting parcels to the south that were also part of the original "Aqua Barn" site were still located in unincorporated King County), a total of $337,066 in private funds (the "Overall Aqua Barn Site's Intersection Contribution") was contributed to the construction of intersection improvements (including a traffic signal and turn lanes among other improvements) at the SR 1691152°a Avenue SE intersection (an intersection that lies at the Property's northwest comer) on account of the entire then -proposed "Aqua Barn Mixed -Use Development", a development proposal that entailed both (a) retail development of the Property (which has not been developed yet) and (b) residential development of the two residential parcels to the south (Assessor's Parcel Numbers 232305-9185 and 232305-9209, both of which have subsequently been developed); and (2) According to that certain "Aqua Barn Mixed -Use Development, Supplementary Traffic Impact Analysis" prepared by The Transpo Group dated April 4, 2004, an estimated 75 percent share of total traffic trigs expected to be generated from the entire site of the Aqua Barn Mixed -Use Development at the critical PM peak -hour left -turning movement at the northbound to westbound left turn lane of that intersection were expected to be attributable to future development of the Property (the "Property's 75 Percent of Peak Hour Trips Share") while the other 25 percent of such DEVELOPMENT AGREEMENT --Page 5 trips was expected to be attributable to the residential development of the two residential parcels to the south of the Property. The Owner has (a) contended that, in view of the Property's 75 Percent of Peak Hour Trips Share, it is appropriate to attribute 75 percent of the Overall Aqua Barn Site's Intersection Contribution (i.e., 75 percent of the total $337,066 = $252,799.50) to the Property and (b) requested that such amount be credited against City of Renton traffic mitigation fees that will become due upon development of the Property. The Development Services Division has reviewed that documentation and the Owner's contention and request. Based upon the documentation provided by the Owner regarding (i) the funds spent on the intersection improvements and (ii) the previous traffic impact analysis, the Development Services Division has agreed with the documentation, the Owner's contention and the Owner's request and has recommended to the City Council that credit for a 75% share of the $337,066 funds expended be granted up to but not to exceed $252,799.50 against City of Renton traffic mitigation fees due upon development of the Property until the credit has been fully expended. Based upon the Development Services Division's recommendation, the City hereby acknowledges and agrees that a sum equal to $252,799.50 shall be credited against City of Renton traffic mitigation fees due upon development of the Property until the credit has been fully expended. This Section 4 shall survive the termination of this Agreement. SECTION 5. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, this Agreement shall be enforceable during its term by the City and the Owner and the Owner's successor or assigns in interest with respect to the Property, provided, however, only the City may enforce the Site -Specific Land Use Limitations. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Agreement unless (a) otherwise provided in this Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any development permit or approval issued by the City for the Property during this Development Agreement's term must be consistent with this Agreement. SEC'T'ION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. SECTION 7. RECORDING Pursuant to RCW 36..70B.190, this Agreement shall be recorded with the real property DEVELOPMENT AGREEMENT --Page 6 records of King County. During the term of the Agreement, the Agreement is binding on the parties and their successors. SECTIONS. TERM This Agreement shall run with the Property from the date on which this Agreement has been executed by both parties until amended or rescinded by the City Council in accordance with Section 9, below. With respect to any portion(s) of the Property that are not developed, the parties to this Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 9. AMENDMENT The provisions of this Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties hereto, may only be amended with the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of the Property shall be entitled to amend this Agreement from time -to -time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of its normal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 10. DEVELOPMENT OF THE PROPERTY PRIOR TO ANNEXATION This Agreement shall not limit proposed development of the Property vested by application(s) for development approval(s) or permits(s) filed with unincorporated King County prior to the effective date of the City's annexation of the Property. CITY OF RENTON By: Kathy Keo er, Mayor Attest: Bonnie Walton, City Clerk A /,? _.200 7 Approved as to Form: Lawrence J. Warren, City Attorney DEVELOPMENT AGREEMENT --Page 7 AQUA BARN RANCH, INC., a Washington corporation By: 61-11t—� ' anette L. Carr, President STATE OF WASH NGTON ) ) ss. COUNTY OF KING ) 7 /� I certify that on the 1 day of I'M -r , 200"' KATHY KEOLKER appeared before the and acknowledged that she signed the irlstrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and stated that the seal affixed, if any, is the corporate seal of said City. Dated: 1/ r � 7cv -7 - - — Name (p t) Signa e No Public Title My Appointment Expires STATE OF WASHENGTON ) �r� ) COUNTY OF If[1L) 55. I certify that I know or have satisfactory evidence that JANETTE L. CARR is the person who appeared before me and acknowledged that she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as president of AQUA DEVELOPMENT AGREEMENT --Page 8 BARN RANCH, INC., a Washington corporation, to be the free and 'voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: r a Title l� My Appointment Expires DEVELOPMENT AGREEMENT --Page 9 C:IC€12320\009Wcv AgrmtlDev-AEpmt FI (DLH 12-1-06).doc E IT A EXHIBIT B AQUA BARN SITE CA ZONE DEVELOPMENT AGREEMENT DESIGN STANDARDS FOR COMMERCIAL DEVELOPMENT Purpose. The intent of the following design standards is to set forth the desired character of fixture commercial development on the two visually prominent abutting parcels of land totalig n approximate three (3) acres and fronting SR 169 on a portion of the former Aqua Barn site. The intent is that any commercial development on either of these two parcels be of a quality that will fit in with its residential and nearby rural surroundings rather than being garish or "Disney -like" in its setting near the urban/rural Urban Growth Boundary. The if developed independently of each other, share common them ticnelements such ast, also, is that hbuilding forms, materials, signage. and landscaping to the extent reasonablyg ultimate uses on the parcels. Unless otherwise specified herein, all practical � relevant code requirements set forth in Title IV sha1l be met. Standards: 1. Site Master Plan: A site plan for either or both of the two parcels at the time of development shall include information on building type, location, phasing (if any), etc. a_ Buildings: All proposed buildings shall be identified as to type, size, use, and location_ b. Parking: All proposed parking areas shall be identified as to location, number of stalls, location of drive aisles, points of ingress and egress, lighting, proposed landscaping and pedestrian walkways related to them_ c. Open Spaces: Common open spaces (if any) and their locations shall be identified, including open spaces such as larger landscape areas, storm retention ponds, etc. d. Pedestrian Features: Proposed pedestrian walkways shall comply with RMC 4- 3-040F.1.e and shall be identified as to location, materials, and what they are connecting or linked to. 2. Common Thematic Elements: Building elements such as those identified o below are t be used throughout each of the two parcels to create a unifying architectural statement for the development of each parcel and both parcels when seen from the Renton — Maple Valley Highway (SR 169). 1 a. Materials: Drawings submitted for review and approval' shall identify exterior materials such as masonry or concrete block that will be used on the fagades of all buildings; b. Fenestration: Drawings submitted for review and approval shall identify location of openings and types of glazing proposed, including color of glass and frames; c. Roo- : Drawings submitted for review and approval shall identify roofing style (flat, gabled, pitched, mansard, etc.), material, pitch, and color, and ensure that these are consistent throughout the development of each parcel, d_ Additional Architectural Elements: Drawings submitted for review and approval shall include type and location of awnings (if any), their proposed materials and color, and all exterior lighting should be shown on all relevant elevations and perspectives_ Glass and metal awnings (or awnings of other permanent materials) or overhanging eves shall be provided on all facades visible from public streets. e. _Other Architectural Embellishments. (if pD : Drawings submitted for review and approval shall include decorative roof treatments, decorative lighting, decorative paneling, etc., which are encouraged and, if proposed, shall be shown in all relevant building elevations and perspectives. f Signaiae: Drawings submitted for review and approval shall identify all proposed exterior signage including fagade signs. Any allowed freestar_ding signs shall be ground -oriented monument type signs. Pole and roof top -mounted signs shall be prohibited. 3. Landscaping Along Street Frontages: Landscaping along abutting street frontages shall comply with the following provisions [provisions that are derived from the portion of the table in RMC 4-3-040D (Development Standards for Uses Located within the Renton Automali Areas A and B) concerning "Landscaping — Street Frontage Landscaping Requirements" for "All Uses in Area A, Dealerships and Related Uses in Area B"] : a. 15 -Foot Wide Landsc4W Strip Required: A 15 -foot wide landscape strip shall be required along all street frontages. This is in lieu of requirements in Chapter 4-2 RMC. Unimproved portions of abutting street right-of-way can be used in a Once "[drawings submitted for review and approval" have been approved by the Renton Development Services Division, unless the approval is appealed and the approval decision is modified, any development(s) actually constructed shall be consistent with the approved drawings unless drawing revisions consistent with this Exhibit B have been reviewed and approved by the Development Services Division. Notwithstanding RMC 4-9-200D.2.a.ii, no building fagade modifications (such as the location of entrancesiexits, changes in materials, fenestration, roofing, additional architectural elements or signage or aesthetic alterations) that relate to the subject matter of this Exhibit B shall be made without the approval of the Development Services Division. 2 combination with abutting private property to meet the required 15 -foot landscape strip width. b. Street Tree Requirements: Unless the existing trees within the 15 -foot wide landscape strip are retained, the landscaping provided in the 15 -foot wide landscape strip shall include a minimum 30 -inch high berm and 21/2 inch caliper red maples (Acer robrum) planted 25 feet on center. 4. Landscape Materials: Common landscape elements shall be used throughout each of the two parcels to create unifying statement for the development of each parcel. a. Plant Materials: Drawings submitted for review and approval shall identify all proposed living plant materials of a permanent nature including species and size at time of planting. b. Paving Materials: Drawings submitted for review and approval shall identify all paving materials including driveways, parking areas, and pathways. In regard to buildings greater than 5,000 square feet in size, a minimum 8 -foot wide concrete sidewalk with decorative banding shall be provided along the building side(s) abutting parking areas. Such sidewalks shall be raised from the grade of the abutting parking areas a minimum of four inches except for ramps for handicapped access and rolling of shopping carts. c. Exterior Li titin : Drawings submitted for review and approval sball identify all proposed exterior lighting, including parking lot lighting, and decorative lighting along pedestrian corridors. d. Fencing: A double-faced and stained 5 -foot high wood fence shall be installed along any unfenced boundaries of the site that abut residential -zoned property. In order to improve pedestrian access to and from abutting residential properties, openings in the fence shall be provided (not more than one along the south boundary of each of Lots 3 and 4 of King County Short Plat Number L99S3019 and not more than one along the east boundary of said Lot 4). 5. Surface Water Detention Ponds: Surface water detention ponds (if any) shall be screened and landscaped with sight -obscuring evergreen plant materials. 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Q m vrn CD p)dC7O 07 w alD a Q) C) [7N a 41)C7 CU CT +n CRI N r C7 CV N C7� t 7 ` V7 mI1 T CD QS Q C L = m CL Cfl C L [d w a O CA Y �co6�)N pip vi 4 i s '� Q E ca d M Q N a N � � CV E. m. v �Y P� o N � » 0000 4 o (Revised 8/08) 2- 18 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Limited to locations within an existing or new golf course or regional park_ 2. In addition to the criteria of RMC 4-9-030, Conditional Use Permits, the use must be sited in conjunction with a gas station. Size restrictions apply per use in RMC 4-2-120A. In the CN Zone, the use is limited to operations enclosed within a building, and sited in conjunction with an existing gas station. 3. These uses shall not be located on the ground floor along street frontage in the "Downtown Pedestrian District_" See Downtown Pedestrian District Map in RMC 4-2-080D- 4. Existing commercial laundry uses may be continued and may be re-established for purposes of rebuilding upon unintentional destruction of property. Existing commer- cial laundry uses may not expand beyond - their-e-xisting-building footprint -plus -abutting easements, loading, or parking areas. Ren- ovations or alterations within the existing building footprint are permitted. Existing commercial laundry uses may add to the height of buildings provided that the height of the building not exceed forty two feet (42'), and that additional height be used for accessory office to support the commercial laundry uses. Existing offsite warehousing uses accessory to existing commercial laundry uses may be continued but may not be expanded beyond their existing building footprint. 5. Professional bed and breakfast houses are only allowed in the RM -U Zone. 5. Subject to the requirements of RMC 4-9-090, Home Occupations, with the writ- ten approval of the property owner, if tenant occupied. 7. Subject to the development standards applicable to primary structures. 8. Aflowed only in the Residential Multi -Family suffix. Twenty four (24) hour on-site man- agement required. The manager's unit is not subject to minimum density require- ments. No estate, garage or other sales 4-2-080A from any leasable spaces. No outdoor stor- age, including vehicle or trailer storage lots. Self-service storage uses in this zone are subject to the following special develop- ment standards: Temporary customer mov- ing van/truck parking, if provided, must be clearly marked with signage or paint. Side and rear setbacks subject to the Commer- cial Arterial Zone standards of RMC 4-2-120A, Development Standards for Commercial Zoning Designations, in lieu of the RM -I development standards. Development consistent with an approved "Master Plan" is considered to be a permit- ted use. Other activities which are outright permitted include the addition of up to four (4) new portables, or changes in facilities not exceeding ten percent (10%) of gross floor area. Other proposed activities require a Hearing Examiner conditional use permit. 10. Permitted when approved by the Develop- ment Services Division and associated with an active building or construction permit, far-a_per_iod-not to -exceed -the -duration -of construction. 11. Limited to storage of products in conjunc- tion with retail, service, or office uses. Shall not be located along the building street frontage or in areas visible to the public. 12. Shall be developed as part of larger office structures. Shall not stand alone and shall not occupy more than twenty five percent (25%) per building whose primary use is office. 13. a. Administrative Headquarters Office: These offices shall be associ- ated with a permitted industrial use listed in IMC 4-2-0501. The office uses may be developed in conjunction with, or subsequent to, the industrial use. General Offices: Excluding adminis- trative headquarters offices, which are permitted consistent with subsection (13)(a) of this Section, general offices are only allowed in the Employment Area Vaiiey (EAV) land use designa- tion; provided that general offices that are accessory to a primary use are permitted outside the EAV. See EAV Map in RMC 4-2-08013. 2-19 (Revised 8108) 4-2-080A 14. 1=xcept that when operations are predomi- nantly conducted out-of-doors rather than completely enclosed within an enclosed structure, an administrative conditional use permit is required. 15. Use is limited to building, hardware, and garden. Except in the CD Zone, size restric- tions apply per RMC 4-2-120A- 16. Subject to the density limitations located in the development standards for this zone. Residential uses shall not be located along the street frontage on the ground floor in the "Downtown Pedestrian District." 17 a. General Office and MedicaVDental Offices: Size restrictions apply per RMC 4-2-120A. Additionally, the use may only be permitted via administra- tive conditional use permit subject to the following criteria in addition to con- ditional use criteria: (i) activities with a limited need for walk-in clientele and (ii) activities for which a reduction in parking standards to one space per five hundred (500) square feet of gross floor space could be justified. Administrative Headquarters 20. N-6 allowed-iti lacatfornswithin th�Sunsei-- Office: New administrative headquar- Business District, the NE 4th Business Dis- trict, and within the Puget Business District. ters offices are not permitted. For existing, legal administrative head- quarters offices greater than three thousand (3,000) square fleet in size, and in existence prior to January 1, 1999, the following expansions may be allowed: (i) parking expansion may be allowed; (ii) a one-time expansion of buildfng square footage, not exceeding three thousand five hun- dred (3,500) square feet, may be per- mitted subject to site development plan review_ This provision allowing expansion of building square footage shall expire on December 1, 2006, consistent with any approved develop- ment agreements or covenants. M b. Employment Area Valley: Residen- tial uses are not permitted in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2-080B. c. Commercial Business Districts - Townhouse units are allowed without ground floor retail within the building if located more than one hundred fifty feet (150') from an arterial in the NE 4th Business District, Sunset Business District, and Puget Business District with an administrative conditional use permit, subject to the criteria in RMC 4-9-030K. Residential units developed as part of a same building mixed-use project are allowed at a maximum of sixty (60) du/acre if the requirements for mixed use development in the Business District Overlay are met. 19. Subject to the density limitations located in the development standards for this zone. CIV Zone — Additional: only permitted within a structure containing retail and/or on-site service uses on the ground floor. 18. a_ General Requirements. Subject to the density limits of the deve)opment standards for this zone and only per- mitted within a structure containing retail and/or on-site service uses on the ground floor except in the Employ- ment Area Valley or Commercial Busi- ness Districts, as described below. (,'wised 8/08) 2-20 21. a. General Requirements: Allowed only in conjunction with offices, residences, hotels, and convention centers, or research and development facilities. b. Integration of Uses: The use shall be architecturally and functionally inte- grated into the development. Except for marinas, the use must be housed in a structure containing one or more of the uses listed in subsection (21)(a) of this Section. The requirements in subsection (21)(b) may be adjusted through the Master Plan process. 22_ Size restrictions apply per use in RMC 4-2-120A. 23. Limited to existing uses. Only those modifi- cations or expansions which do not increase production levels are permitted in the COR Zone. Major modifications, pro - uction increases, or expansions of existing use require a Hearing Examiner conditionai use permit in the COR Zone. 24. Use requires a Hearing Examiner condi- tional use permit, unless accessory in which case it is outright permitted. Use is not permissible in the area south of 1-405 and north of SW 16th Street, unless acces- sory, in which case it is outright perrnitted, Explosives and natural gas storage are not permissible in the IL Zone. 25. A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060G, is considered a permitted use. 26. Size restrictions apply per use in RMC 4-2-120A_ Must be part of a mixed use development_ 27 Shall be architecturally and functionally integrated into the overall development. Freestanding establishments may be per- mitted only if they are five thousand (5,000) square feet or larger per establishment. These requirements may be adjusted through the Master Plan review press. . 28. Accessory drive-through service is permit- ted only in association with multi -story buildings_ The accessory drive-through ser- vice shall be located to the side and/or rear of the building, and integrated into the exte- rior wall. drive-through lanes shall not be located between the street and the main pedestrian access to the buildings. These requirements may be adjusted through the Site Plan review process. 29. Only allowed in the Employment Area Val- ley (EAV) land use designation. See EAV Map in RMC 4-2-0808_ Provided that the use is excluded within the area south of 1-405 and north of SW 16th Street. 30. a. Uses are limited to: Sales of mobile or manufactured homes, building/ hardware/garden materials, lumber- yards, and monuments/tombstones/ gravestones. b. Location Restrictions: i. Building/hardware/garden safes and monuments/tombstones/grave- stones sales are only allowed in the Employment Area Valley (EAV) land use designation. However, they are 2-21 4-2-080A excluded from the area south of 1-405 and north of SW 16th Street_ See EAV Map in RMC 4-2-080B. ii. Lumberyards are only allowed in the IM and IH Zones. However, they are excluded from the area south of 1-405 and north of SW 16th Street. 31. Operations must be conducted entirely within an enclosed structure. 32. Outdoor recreation facilities are permitted only in the Employment Area Valley (EAV) land use designation. (See EAV map in RMC 4-2-080B.) However, amusement parks require a Hearing Examiner condi- tional use permit. 33. Project size limitations of RMC 4-2.11 OF apply. A preschool or day care center, when accessory to public or community facilities listed in RMC 4-2-060G, is considered a permitted use and not a conditional use. Additional Restrictions within the CV Land Use Designation: Retail uses, eat- ing/drinking establishments, and on-site service uses are prohibited in R-14 areas within the Cen-terViIlag e tan-d-use-designa= tion unless they are accessory to a school, park, or entertainment and recreational use as allowed in RMC 4-2-060E, F and J. 34. a_ Accessory retail uses are permitted where ordinarily incidental to the per- mitted principal use. b. Principal retail sales uses are only per- mitted in the Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2-080B. 35. Provided hives are established on lots a minimum of one acre in size. Setbacks and other limitations apply per RMC 4-4-010, Standards and Review Criteria for Keeping Animals. - 36. (Repealed by Ord. 5356, 2-25-2008) 37. a. General Requirements: Subject to requirements of RMC 4-4-010, Stan- dards for Animal Keeping Accessory to Residential/Commercial Uses. Additional animals require an Addi- tional Animals Permit per RMC 4-9-100- b. IL Zone - Kennels: In the IL Zone, when operations are predominantly (Revised 8108) 4-2-080A conducted out of doors rather than completely enclosed within an enclosed structure, an administrative conditional use permit is required. c. IM Zone — Kennels Within the area south of 1-405 and north of SW 16th Street only indoor kennels are permit- ted. 38. Only allowed in the Employment Area Val- ley (EAV) land use. designation. See EAV Map in RMC 4-2-080B. 39. Requirements for uses not associated with a medical institution: Use must be located within the Commercial Corridor Compre- 46 hensive Plan land use designation bor- dered by S. 37th St., Talbot Rd., Carr Rd., 89th Ave. SE, and the Valley Freeway. 40. Permitted when located within the Com- mercial Corridor (CC) Comprehensive Plan land use designation. 41. Limited to the area south of 1-405 and west Examiner conditional use permit is required. For Monopoles Proposed on Public Right -of -Way: May be allowed via an administrative conditional use permit pur- suant to RMC 4-9-030J decision criteria, and right-of-way use permit., provided, the facility is located on a principal, minor, or collector arterial and has minimum set- backs of one hundred feet (100') from any adjacent residentially zoned parcel; if the setback is less than one hundred feet (100') a Hearing Examiner conditional use permit is required. Eligible for an administrative conditional use permit pursuant to RMC 4-9-030J deci- sion criteria; provided, that the facility has a minimum setback of one hundred feet (100') from any adjacent residentially zoned parcel; if the setback is less than one hundred feet (100') a Nearing Examiner conditional use permit is required. of SR -1 67/Rainier Avenue S. 47. May be allowed by an administrative condi- tional use permit pursuant to RMC 42. Permitted only on the ground -floor level as 4-9-030J decision criteria, if the monopole part of a residential projec! ton RM_U zoned_ zoned----- facility -is; to --be constructGttorrproperty- properties fronting on South 7th Street. where wireless communication support (Amd. Ord. 4971, 6-10-2002} structures presently operate, and the new 43. Subject to the provisions of RMC 4-3-010, monopole 11 facility will not exceed the Adult Retail and Entertainment Regula- height of the existing support structures. tions, and chapter 5-12 RMC, Adult Enter- Prohibited if located within three hundred tainment Standards. In the CO zone, uses feet (300') of an RC, R-1, R-4, R-8, R-10, or shall be developed as part of larger office R-14 zone unless the Reviewing Official structures, shall not stand alone, and shall determines that all residentially zoned not occupy more than twenty five percent property within three hundred feet (300') of (25%) per building whose primary use is the proposed facility is undevelopable due office. to critical areas regulations (RMC 4-3-050); then the administrative conditional use pro - 44_ Permitted; provided, that the facility has a cess shall apply. minlmUm setback of one hundred feet (100') from any adjacent residentially 48. A Hearing Examiner conditional use permit zoned parcel; if the setback is less than pursuant to RMC 4-9-030J decision criteria 100' an administrative conditional use per- is required. This use is prohibited if located mit is required pursuant to RMC 4-9-030J within three hundred feet (300') of an RC, decision criteria. R-1, R-4, R-8, R-10, or R-44 zone, unless the Reviewing Official determines that all 45. For Monopoles Proposed on Private residentially zoned property within three Property: May be allowed via an adminis- hundred feet (300') of the proposed facility trative conditional use permit pursuant to is undevelopable due to critical areas regu- RMC 4-9-030J decision criteria; provided, la#ions (RMC 4-3-050), in which case the that the site is over one-half acre in size new wireless support structure can be and the facility has minimum setbacks of reviewed as a Hearing Examiner condi- one hundred feet (100') from any adjacent tional use permit. residentially zoned parcel; if the setback is less than one hundred feet (100') a Hearing (Reviseli 8108) 2-22 4-2-080A 49. Emergency or routine modifications are permitted when there is minimal or no change in the visual appearance, as deter- mined by the Reviewing Official. 80. a. General Requirements: Permitted subject to the applicable density Imita- tions, building length, and dwelling unit type mix requirements of the develop- ment standards for this zone. b. R-10 Zane: Limited to no more than four (4) attached dwellings per build- ing. c. R-14 zone: Buildings shall not exceed six (6) dwelling units per structure 2-23 (Revised 8108) This page left intentionaily blank. J (Revised 5108) 2-24/62 except as provided in RMC 4-9-065D, Bon uses. 51. (Repealed by Ord_ 5356, 2-25-2008) 52. Permitted when ancillary to a permitted use where food and beverages are served on the premises and located in an area with an Employment Area Valley (EAV) land use designation as shown on the City's Com- prehensive Plan Land Use Map, and located south of 1-405. In the case of the IM Zone, the location is further limited to 1M - zoned areas south of SW 16th Street. Should any court of competent jurisdiction find that the City zoning for card rooms is unconstitutional or illegal, then the City elects to permit the existing card rooms to continue operation as nonconforming legal uses and otherwise bans card rooms. 53. Provided a temporary use permit is obtained consistent with the provisions of RMC 4-9-240, Temporary Use Permits. 54 4-2-080A use is allowed as an administrative condi- tional use. 59. Excluded within the area south of 1-405 and north of SW 16th Street. 60_ Subject to the size restrictions of RMC 4-2-120A. Retail sales uses are limited to: flowers/plants and floral supplies; mini - marts; crafts, including supplies and fin- ished products, gift shops, and specialty markets. 61. No drive-through service shall be permit- ted, except for financial institutions which are permitted three (3) accessory drive -up windows that shall be part of the exterior wall of the financial institution structure. l.• Allowed outright in the Employment Area Valley (EAV) land use designation. (See EAV Map in RMC 4-2-080B.) Outside the EAV, the use shall be developed as part of larger office structures. Such uses shall not 03_ stand alone and shall not occupy more than twenty five percent (25%) per building whose primary use is office. 55. a. Adult day care I on a property with a nonresidential facility is only allowed. outright in the Employment Area Val- ley (EAV). See EAV Map in RMC 4-2-080B. Outside of the EAV, an administrative conditional use permit is required. b. Adult day care I on a property contain- ing a residential use requires an administrative conditional use permit in any location_ 56. Except not permissible within the Employ- ment Area Valley (EAV). (See EAV Map in RMC 4-2-080B.) 57. Only allowed in the Employment Area Val- ley (EAV) land use designation, unless the use is accessory in which case it is allowed outside the EAV. See EAV Map in RMC 4-2-080B. 58. Only allowed in the Empioyment Area Val- ley (EAV) land use designation. See EAV Map in RMC 4-2-080B. Outside of the EAV, Outside the Employment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2-0808), drive-through is permitted only when accessory to a financial institu- tion. Financial institutions are permitted three (3) accessory drive -up windows that shall be part of the exterior wall of the finan- cial institution structure. Within the EAV, drive-through service is permitted. –Subject -to -the -size -restrictions -of -RMC - 4 -2-120A. On-site services excluding dry cleaning, real estate offices, and fitness centers. 64, Limited to storage in association with rental services. In the CV Zone and within one thousand two hundred feet (1,200') of NE 4th Street within the NE 41h Corridor, an administrative conditional use permit is required. Not allowed within one thousand two hundred feet (1,200') of Sunset Boule- vard within the Sunset Corridor. Size restrictions apply per RMC 4-2-120A. 65. Allowed outright in the Employment Area Valley (EAV) land use designation. (See EAV Map in RMC 4-2-0808.) Outside the EAV, the use is limited to health clubs/fit- ness centers/sports clubs, which shall be developed as part of larger office strut - tures. Such uses shall not stand alone and shall not occupy more than twenty five per- cent (25%) of any one floor of a building whose primary use is office. 66. Requires a Hearing Examiner conditional use permit, except that electrical power generation and co -generation is permitted as an accessory use when located more than one hundred feet (100) from any prop- 2-63 rop- 2-63 (Revised 5108) 4-2-080A erty zoned for residential use, i.e. RC, R-1, R-4, R-8, R-10, R-14, RM, and producing less than ten (10) megawatts of electricity. In the CO Zone, the use must be accessory to a medical institution. 67. Chemical and allied products manufactur- ing operations, or operations which are conducted predominantly out of doors, require a Hearing Examiner conditional use permit in the IM Zone, and an administra- tive conditional use permit in the 1H Zone, except that these uses are not permissible in the area south of 1-405 and north of SW 16th Street. 68. Within the NIE 4th Business District, within the Sunset Business District and within the Puget Drive Business District. a. Uses are subject to the size restric- tions of RMC 4-2-120A, and b. Within Puget and Sunset Business Districts, department stores are not permitted. 69. Within the NE 4th Business District, within the Sunset Business District and within the -- —Puget Drive -Business Distriet; uses-are— subject to the size restrictions of RMC 4-2-120A. Within the Sunset and Puget Business Districts, only the following on- site services are permitted: entertainment media rental, financial and real estate ser- vices, and repair services (excluding auto repair). Rental services require an adminis- trative conditional use permit. 70. No drive-through service shail be permit- ted, except for multi -story financial institu- tions which are permitted three (3) accessory drive -up windows. The acces- sory drive-through service shall be located to the side and/or rear of the building, and the windows shall be. part of the exterior wall. Drive-through lanes shall not be located between the street and the main pedestrian access to the buildings. These requirements may be adjusted through the Site Plan review process. 71. Only allowed in the Employment Area Val- ley (EAV) land use designation south of 1-405 subject to a Hearing Examiner Condi- tional Use Permit. See EAV Map in RMC 4-2-080B. No secure community transition facility (SCTF) shall: (Revised 5M) 2-64 a. House more than six persons, exc!ud- ing resident staff. Any increase in the number of resident beds shall require an entirely new application. b. Be allowed within three hundred thirty feet (330') of any residential zone located within or outside the City limits. Be allowed adjacent to, abutting, across a parking lot from, or within the "cine of sight" from a "risk potential activity" as defined in RCW 71.09.020, now or as hereafter amended, or risk potential facilities in existence at the time a site is listed for consideration. For the purposes of granting a Condi- tional Use Permit for siting an SCTF, the Reviewing Official shall consider a permanent, unobstructed visual dis- tance of six hundred feet (600') to be within "line of sight." The Reviewing Official may reduce the distance to less than six hundred feet (600') through the Conditional Use Permit process, if the applicant can demon- strate that a visual barrier exists or can be created that would reduce the line of sight to less than six hundred feet (600'). Risk potential facilities currently include, but are not limited to: • Community and recreation cen- ters, • Churches, synagogues, temples and mosques, • Licensed day care, • Licensed preschool facilities, • Public libraries, • Public parks, • Public and private schools, • School bus stops, • Sports fields, or • Publicly dedicated trails. Be located within one mile from any SCTF, work release, prerelease, or similar facility. "Distance" referenced in paragraphs b, c, and d of this section is measured by follow- ing a straight line from the nearest point of the building in which the secure community treatment facility is to be located, to the nearest point of the zoning boundary line or property line of the lot on which the buffered use is located. The City may impose conditions to mitigate any potential adverse impact of the SCTF on surrounding uses, except that the Con- ditional Use Permit conditions may not impose restrictions on the SCTF greater than those set forth in RCW 71.09.285 through 71.09.340 inclusive. 72. Big -box retail uses are subject to compli- ance with design regulations applicable to District 'C' as detailed in RMC 4-3-100, except in the Employment Area —.Valley south of Interstate 405. Big -box retail uses are not permitted in the NE 4th Street Commercial Corridor, Puget Commercial Corridor, and NE Sunset Bou- levard Commercial Corridor within the Commercial Arterial (CA) Zone. 4-2-080A 77_ a. Oniy permitted north of N. 8th Street and as part of a mixed use structure_ b. Limited to training related to research and development, arts, computer sci- ences, business, culinary arts, medi- cal-reiated fields and/or other knowledge-based industries. 78. No freestanding structures permitted unless architecturally and functionally inte- grated into an overall shopping center or mixed use development. 79. a. Must function as an anchor to larger retail developments that are planned as part of an integrated and cohesive center. 73_ Within the Center Village Zone, garden style apartments are prohibited. Ground floor commercial development at a mini- mum of seventy five percent (75%) of the _JroLtag_e a�.lhe building_u requlred for all residential projects on parcels abutting NE 80 Sunset Boulevard east of Harrington Ave- nue NE. 74. a. Flats permitted only north of N. 8th Stroet unless part of a mixed use structure with ground -floor commer- cial. Flats are permitted with a maxi- mum density of eighty five (85) d.u./ net acre. Ail residential parking except that intended for guests is required to be located in structured parking. A bonus of up to one hundred fifty (150) d.u./net acre permitted for flats in a mixed use structure with ground -floor commercial uses within them. b. Townhouses: Parking is required to be provided under a structure. A max- imum height of three stories is allowed for townhouses_ Minimum density of twenty (20) d.u./net acre permitted and maximum of twenty five (25) d. u./ net acre permitted. 75. Only permitted west of Park Ave_ and south of N. 8th Street_ 75. Only Grades 9 through 12 permitted_ b. Big -box use must be connected to additional structures within a shopping center with supporting retail or service uses structures with common walls, or plazas, or other.similar features, excluding pushcarts/kiosks. c_ Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. Drive-through wfndows must abut a build- ing facade or wall and must be located within the building footprint. 81. No stand-alone structures smaller than five thousand (5,000) square feet, except for pushcarts/kiosks, unless architecturally and functionally integrated into a shopping center or mixed use development. 82. a. Multi -story, stand-alone retail buildings greater than seventy five thousand (75,000) square feet are ailowed only with structured parking and a maxi- mum building footprint of sixty five thousand (05,000) square feet. b. No freestanding structures smaller than five thousand (5,000) square feet are permitted, unless architecturally and functionally integrated into overall shopping center or mixed use devel- opment. Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. 83. a. Movie facilities with more than four (4) screens must be architecturally and functionally integrated into overall 2-65 (Revised 5108) 4-2-080A shopping center or mixed use devel- opment. b_ Buildings oriented along Park Avenue must have one or more pedestrian entries on Park Avenue. 84_ Permitted subject to the conditional use cri- teria regarding airport compatibility located in RMC 4-3-020. 85. Only permitted south of N. 8th Street. 86. Limited to airplane manufacturing, biotech- nology, life science, information technology (Le., hardware, software, computer compo- nents), or other high technology industry. 87. a. Attached Dwelling Units, General: Not allowed within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. Permitted as mixed use structures with ground -floor commercial except that parcels may be developed exclusively for attached dwelling units if: i. The entire frontage of the black is 88. a. Not permitted within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. b. Structured parking is required north of N. 8th Street. c_ Buildings oriented to pedestrian streets must have ground -floor com- mercial uses within them. 89. Not permitted within one thousand feet (1,0001) of the centerline of Renton Munici- pal Airport runway. 90. Structured parking required north of N. 8th Street. 91. a_ Not permitted within one thousand feet (1,040') of the centerline of Renton Municipal Airport runway_ b. Structured parking required north of N. 8th Street, C. If located north of N. 8th Street, then must be located in a mixed use struc- ture. residential, d. Buildings oriented to pedestrian streets, must have rg ound-floor com- _ mercial uses within them. rise facilities, lobbies, etc., face the street frontage and living 92. a. Structured parking required north of N. areas are in the rear, or 8th Street. iii. Entries to attached dwelling units b. Buildings oriented to pedestrian are slightly elevated above the streets must have ground -floor com- sidewalk level. mercial uses within them. b. Stacked Flats. In addition to required C. Must be located within a mixed use provisions of attached dwelling units, structure. general, above, the following pmvi- 93. a. Structured parking required north of N. cions are required: 8th Street. i. Structured parking is required b. Buildings oriented to pedestrian north of N. 8th Street. streets must have ground -floor cem- ii. South of N. 8th Street, only guest mer6al uses within them. parking may be provided as sur- 94 a. Must be located within a mixed use face parking_ structure. iii. A minimum of twenty (20) dweil- b. Structured parking required north of N. ing units per net acre are 8th Street. required. 95. a. Multi -story, stand-alone retail buildings c. Townhouses. In addition to required greater than seventy five thousand provisions of attached dwelling unify, (75 000) square feet are allowed only general, above, a minimum density of with structured parking and amaxi- twenty (20) dwe;ling units per net acre mum building footprint of sixty five is required. thousand (65,000) square feet_ {Revised 5108} 2 - 66 4-2-080A 2 - 66.1 (Revised 8/08) b. Structured parking required north of N. computer components), or other high 8th Street. technology industry. 96. a. Not permitted within one thousand feet b. For uses other than airplane manufac- (1,000') of the centerline of Renton turing and related accessory uses, Municipal Airport runway. Beyond one structured parking required north of N. thousand feet (1,000') of the centerline 8th Street. of the Renton Municipal Airport run- way, this use is allowed subject fo the c• For uses other than airplane manufiac- conditional use criteria regarding air- turing and related accessory uses, port compatibility located at RMC buildings oriented to pedestrian 4-3-020. streets must have ground -floor com- b. Structured parking required north of N. mercial uses within them. 8th Street, 105. Not permitted when west or north of 1-405. c. Buildings oriented to pedestrian 106. Only structured park and rides are permit - streets must have ground -floor com- ted in the Center Village Comprehensive mercial uses within them. Plan designation. 97_ The use shall be architecturally and func- 107. Only structured park and rides are permit- tionally integrated into a larger mixed use ted. development. 108. Permitted on existing parking required as 98. a. Not permitted within one thousand feet accessory parking for a nonresidential use. (1,000') of the centerline of Renton 109. Not permitted in the area bounded by SW Municipal Airport runway. 7th Street, Shattuck Avenue, Airport Way b. Structured parking is required. and Hardie Avenue except when part of a mixed-use transit oriented development c�Suildin-g"riented-to pedestrian — itl't-structured-parK�rn-g. - streets must have ground -floor com- mercial uses within them. 110• !invited to existing fueling stations in the Commercial Neighborhood (CN) Zone. 99. Must be located within a mixed use struc- ture. 111. Only permitted if the use and operation of the helipad is accessory to the primary res - 100. a. Nat permitted within one thousand fest idential use and it must comply with all of (1,000') of the centerline of Renton the following conditions: Municipal Airport runway_ a. There shall be only one aircraft use b. Must be located within a mixed use per single family residence_ structure. b. The use shall be limited to properties 101. a. Not permitted within one thousand feet abutting bake Washington with a mini - (1,000') of the centerline of Renton mum lake frontage of seventy five feet Municipal Airport runway. (75) as measured at the ordinary high b. Permitted only south of N. 8th Street_ water mark. c. Buildings oriented to pedestrian c- The weight of the aircraft in use on the streets must have ground -floor com- site shall not exceed six thousand merciai uses within them. (6,000) pounds. 102. Buildings oriented to pedestrian streets d. The helipad shall be approved by the must have ground -floor commercial uses Federal Aviation Administration (FAA), within them. documented with a letter stating "no 103. Structured parking is required, objection" or "no objection if certain conditions are met" for the establish - 104. a. Limited to airplane manufacturing and ment of the helipad site as the result of related accessory uses, biotechnol- an FAA Aeronautical Study. If the FAA ogy, life science, information technol- approval states "no objection if certain ogy (i.e., hardware, software, conditions are met," the property 2 - 66.1 (Revised 8/08) 4-2-080A owner shalt maintain documentation that the conditions have been met and sWa obtain the proper permits or approvals to meet those conditions, if required by federal, State, or local reg- ulation. Under no circumstances shall a helipad be permitted if the result of the FAA Aeronautical Study is "objec- tionable." e. The helipad shall be approved by the FAA for arrivals and departures from the water side only. f. Arrival or departure of the aircraft shall occur between the hours of 7:00 a -m. arid 10:00 p.m. except in case of emergency. A flight log shall be kept to document the time of all flights arriving or departing from the helipad. g. Documentation of compliance with the above conditions shall be provided to the City by the property owner, at the property owner's expense, at the City's request. 112. 1n the CV Zone, no office and conference _ uses are allowed for parcels fronting or tak- ing primary access from Edmonds Avenue NE; and fast food restaurants are prohib- ited from accommodating drive-throughs_ 113. Fast food restaurants are prohibited frorn accommodating drive-throughs. (Ord. 4186, 11-14-1988; Ord. 4404, 6-7-1993; Ord. 4432, 12-20-1993; Ord. 4466, 8-22-1994; Ord_ 4631, 9-9-1996; Ord. 4736, 8-241998; Ord. 4773, 3-22-1999; Ord. 4777, 4-19-1999; Ord. 4786, 7-12-1999; Ord. 4802, 10-25-1999; Ord. 4803, 10-25-1999; Ord. 4827, 1-24-2000, Ord. 4840, 5-8-2000; Ord. 4847, 6-19-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 5001, 2-10-2003; Ord. 5018, 9-22-2003; Ord. 5027,11-24-2003; Ord. 5028, 11-24-2003; Ord, 5080, 6-14-2004; Ord, 5100, 11-1-2004; Ord. 5124, 2-7-2005; Ord. 5191, 12-12-2005; Ord. 5241, 11-27-2006; Ord_ 5286, 5-14-2007; Ord. 5305,"9-17-2007; Ord. 5355, 2-25-2008; Ord. 5356, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5381, 5-12-2008; Ord. 5392, 6-23-2008; Ord. 54.03, 7-21-2008) (Reyised 8,108) 2-66.2 4 09 C C (f LL C c Z Z O N J _a U LU O U cc O LL cn a a z F - z w M O J w w EN 4-2-120A 2-107 (Ke'vised 8108) 4-2-120A _0 LO LC3 _ il`- ❑a E C?r_ �o mU E 3: CD s a, ai - o 07 = 0.. »= 0 m o m o '" � co 0 CL C:u ca LL •� p D 0 m a� .: m� ¢j � c C) LU m CL r, >•, '(m r- cnU 0_ .o E 0 a_ 0 _ m E n E o z3 E N m N c°CLcn E o _ C w 0 cn Cl.� ami E° �-- m ._ a► a U ct v as d n:E C N_ _E 4 C Q p 0 E P Z C C 47 N X '- D LL W X +� -" zi 41 j N co U C_3 Z m c\ Q E .a? co Z [C E -� a cz a �r d E .a? a� 3 N Lf} EQ?7 LO 7 ce Er ca- W .. 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Cc L 0 O : +� U w O ur cn Q:: J m CO 0 U cn ..w C m W. N CD o a Q W q..LLJ.J _: N� O O N �, ¢' z co °L 0O o N OC, �, W .C\1 cv 7Cj o J � N a U:L5 ❑:a OHO 2-113 4--2-120A (Revised 8108) This page lett intentionally blank. TeY:sed 8108) 2- 114 4-2-1200 CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS 1. Includes principal arterials as defined by the Arterial Street Plan and depicted in RMC 4-2-080E. 2. The following table indicates the maximum requested size/standard change that may be allowed by conditional use permit. Increases above these levels may not be achieved by a variance or the conditional use permit process - These provisions may be modified by the Reviewing Official through the site devel- opment plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 4. Provided that a solid six foot (6) barrier wall is provided within the landscape strip and a maintenance agreement or ease- ment for the landscape strip is recorded- A solid barrier wall shall not be located closer than five feet (5) to an abutting lot zoned R-1, R-4, R-8, R-10, R-14, or RM -1. 4-2-1200 5. The Reviewing Official may modify the sight -obscuring provision in order to pro- vide reasonable access to the property through the site development plan review process. 6- In no case shall building height exceed the maximum allowed by the Airport Compati- ble Land Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 7. Abutting is defined as "Lots sharing com- mon property lines." 8. Adjacent is defined as "Lots located across a street, railroad or right-of-way, except limited access roads." 9. Use -related provisions are not variable. Use -related provisions that are not eligible - - ------ far -a -variance include: building -size, -units - per structure/Jot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 2-127 10. Heights may exceed the maximum height under Hearing Examiner conditional use permit. In consideration of a request for condi- tional use permit for a building height in excess of ninety five feet (95') the Hearing Examiner shall consider the following fac- tors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information: a. Location Criteria: Proximity of arte- rial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive (Revised 5108) CONDITIONAL APPLfCABLE STANDARD CHANGE USE PERMIT ZONE REQUEST TYPE CN Uses restricted to 3,000 gross s.f. — increases: Between 3,000 — 5,000 s.f. max. H CN Uses restricted to 5,000 gross s.f. — increases up to: -------.. ----_-- -70%or-.500-gross sJ. AD 20% or 1,000 gross s.f. H Puget and Uses restricted to Sunset 35,000 gross s.f. — Business increases up to: Districts in the 20% or 7,000 gross s.f. AD CA Zone 40% or 14,000 gross s.f. H All of the CV Uses restricted to Zone and NE 65,000 gross s.f. — 4th Business increases up to: District in the 20% or 13,000 gross s.f. CA Zone AD 40% or 26,000 gross s.f. H H = Hearing Examiner Conditional Use AD = Administrative Conditional Use These provisions may be modified by the Reviewing Official through the site devel- opment plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 4. Provided that a solid six foot (6) barrier wall is provided within the landscape strip and a maintenance agreement or ease- ment for the landscape strip is recorded- A solid barrier wall shall not be located closer than five feet (5) to an abutting lot zoned R-1, R-4, R-8, R-10, R-14, or RM -1. 4-2-1200 5. The Reviewing Official may modify the sight -obscuring provision in order to pro- vide reasonable access to the property through the site development plan review process. 6- In no case shall building height exceed the maximum allowed by the Airport Compati- ble Land Use Restrictions, for uses located within the Federal Aviation Administration Airport Zones designated under RMC 4-3-020. 7. Abutting is defined as "Lots sharing com- mon property lines." 8. Adjacent is defined as "Lots located across a street, railroad or right-of-way, except limited access roads." 9. Use -related provisions are not variable. Use -related provisions that are not eligible - - ------ far -a -variance include: building -size, -units - per structure/Jot, or densities. Unless bonus size or density provisions are spe- cifically authorized, the modification of building size, units per structure, or densi- ties requires a legislative change in the code provisions and/or a Comprehensive Plan amendment/rezone. 2-127 10. Heights may exceed the maximum height under Hearing Examiner conditional use permit. In consideration of a request for condi- tional use permit for a building height in excess of ninety five feet (95') the Hearing Examiner shall consider the following fac- tors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant information: a. Location Criteria: Proximity of arte- rial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive (Revised 5108) 4-2-1200 Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. c. Effect on Adjacent properties: Buiidings in excess of ninety five feet (95) in height at the proposed loca- tion shall not result in substantial or undue adverse effects on adjacent property_ When a building in excess of ninety five feet (95') in height is adja- cent to a lot designated residential on the City Comprehensive Plan, then setbacks shall be equivalent to the requirements of the adjacent residen- tial zone. d. Sulk: Buildings near public open spaces should permit public access and, where feasible, physical access to the public_ open space. Whenever practicable, buildings should be ori- ented to minimize the shadows they cause on publicly accessible open space. trian amenities and supporting alternatives Io single occupant vehicle (SOV) transportation; and b. Creates a low scale streetscape through such measures as fostering distinctive architecture and mitigating the visual dominance of extensive and unbroken parking along the street front; and Promotes safety and visibility through such measures as discouraging the creation of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring adequate setbacks to accommodate required parking and/or access that could not be provided oth- erwise. Alternatively, the Reviewing Official may also modify the maximum set- back requirement if the applicant can demonstrate that the preceding crite- ria cannot be met; however, those cri- teria which can be met shall be e- Eight and Glare: Due consideration addressed in the site development shall be given to mitigation of light and plan; _ grEire impacts upon streets, major d. Due to factors including but not limited public facilities and major public open spaces. to the unique site design requirements t ' t h 11. Reserved_ 12. Heights may exceed the maximum height by up to fifty feet (50') with bonuses for pla- zas and other amenities, subject to a Hear- ing Examiner's conditional i se permit. 13. A reduced minimum setback of no less than fifteen feet (15') may be allowed for structures in excess of twenty five feet (25') in height through the site develop- ment plan review process. 14. Deserved. 15_ The maximum setback may be modified by the Reviewing Official through the site development plan review process if the applicant can demonstrate that the site development plan meets the following cri- teria_ a. Orients development to the pedes- trian through such measures as pro- viding pedestrian walkways beyond those required by the Renton Munici- pal Code (RMC), encouraging pedes - (Revised 5/48) 2-128 or physical site cons rain s suc as critical areas or utility easements the maximum setback cannot be met; or e_ One or more of the above criteria would not be furthered or would be impaired by compliance with the max- imum setback; or Any function of the use which serves the public health, safety or welfare would be materially impaired by the required setback. 16_ The foliowirg height requests may be made: In consideration of a request for condi- tional use permit for additional building height, the Reviewing Official shall con- sider the fofiowing factors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant informa- tion. a. Location Criteria: Proximity of arte- rial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in. areas served by transit. b. Comprehensive Flan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. c. Effect on Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent property_ When a building, in excess of the maximum height is proposed adjacent to or abuts a lot designated R-1, R-4, R-8, R-10, R-14 or RM -F, then the setbacks shall be equivalent to the requirements of the adjacent residential zone if the set- back standards exceed the require- ments of the Commercial Zone. 17. Heights may exceed the maximum height under Hearing Examiner Conditional Use Permit. 2 4-2-1200 18. Allowed Projections into Setbacks: a. Steps, and decks having no roof and being not over forty two inches (42") high may be built within a front yard setback. b. Eaves and cornices may project up to twenty four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a dis- tance of thirty feet (30) from the rear lot line may also occupy the side yard setback of an inside lot line. Where below -grade structures are permitted to have zero front yard/street setbacks, structural foot- ings may minimally encroach into the public right-of-way, subject to approval of the Planning/Build- ing/Public Works Administrator or his/her designee. 19. Except with approved Master Plan review. 20. "Public Suffix" (P) properties are allowed the -following -height -bonus -Publicly -owned structures shall be permitted an additional fifteen feet (16) in height above that other- wise permitted in the zone if "pitched roofs;" as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75) to the high- est point of the building: a. When abutting a public street, one additional foot of height for each addi- tional one and one-half feet (1-112') of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged; and b. When abutting a common property line, one (1) additional foot of height for each additional two feet (2) of perimeter building setback beyond the minimum required along a common property line; and 129 (Revised 5168) CONDITIONAL APPLICABLE HEIGHT CHANGE USE PERMIT ZONE REQUEST TYPE Puget and Exceed height by AD Sunset less than 20 feet Business Districts in the CA Zone All of the CV Exceed height of 50 Zone and NE feet AD 4th Business Exceed height of 45 District in the feet when abutting CA Zone R -g or R-10 Zone H CA Exceed height of 50 feet H H = Hearing Examiner AD = Administrative Conditional Use In consideration of a request for condi- tional use permit for additional building height, the Reviewing Official shall con- sider the fofiowing factors in addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant informa- tion. a. Location Criteria: Proximity of arte- rial streets which have sufficient capacity to accommodate traffic gen- erated by the development. Develop- ments are encouraged to locate in. areas served by transit. b. Comprehensive Flan: The pro- posed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regula- tion of the City. c. Effect on Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent property_ When a building, in excess of the maximum height is proposed adjacent to or abuts a lot designated R-1, R-4, R-8, R-10, R-14 or RM -F, then the setbacks shall be equivalent to the requirements of the adjacent residential zone if the set- back standards exceed the require- ments of the Commercial Zone. 17. Heights may exceed the maximum height under Hearing Examiner Conditional Use Permit. 2 4-2-1200 18. Allowed Projections into Setbacks: a. Steps, and decks having no roof and being not over forty two inches (42") high may be built within a front yard setback. b. Eaves and cornices may project up to twenty four inches (24") into any required setback. c. Accessory buildings when erected so that the entire building is within a dis- tance of thirty feet (30) from the rear lot line may also occupy the side yard setback of an inside lot line. Where below -grade structures are permitted to have zero front yard/street setbacks, structural foot- ings may minimally encroach into the public right-of-way, subject to approval of the Planning/Build- ing/Public Works Administrator or his/her designee. 19. Except with approved Master Plan review. 20. "Public Suffix" (P) properties are allowed the -following -height -bonus -Publicly -owned structures shall be permitted an additional fifteen feet (16) in height above that other- wise permitted in the zone if "pitched roofs;" as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures. In addition, in zones where the maximum permitted building height is less than seventy five feet (75'), the maximum height of a publicly owned structure may be increased as follows, up to a maximum height of seventy five feet (75) to the high- est point of the building: a. When abutting a public street, one additional foot of height for each addi- tional one and one-half feet (1-112') of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged; and b. When abutting a common property line, one (1) additional foot of height for each additional two feet (2) of perimeter building setback beyond the minimum required along a common property line; and 129 (Revised 5168) 4-2-120D On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1 %) reduction below a twenty percent (20%) maximum lot area coverage by buildings for public amenities such as recreational facili- ties, and/or landscaped open space areas, etc., when these are open and accessible to the public during the day or week. 21. Except for existing, legal administrative headquarters offices, pursuant to RMC 4-2-08OA17. 22. Reserved. 23. Within the CD Zone, perimeter street land- scape strips may utilize a mix of hard sur- faces, brick, stone, textured/colored concrete, and natural landscape elements, groundcover, shrubs and trees, to provide a transition between the public streetscape and the private development, subject to Site Plan review, RMC 4-9-200131, and the general and additional review criteria of RMC 4-9-2001x1 and F1, F2, and F7. In no case shall living plant material comprise less than thirty percent (30%) of the required perimeter landscape strip. 24. Reserved. 25. Reserved. (Ord. 1472, 2-18-1953; Ord. 1905, 8-15-1961; Ord. 4404, 6-7-1993; Ord. 4593, 4-1-1996; Ord. 4773, 3-22-1999; Ord. 4802, 10-25-1999; Ord_ 4803, 10-25-1999; Ord. 4854, 8-14-2000; Amd. Ord, 4963, 5-13-2002; Ord. 5028, 11-24-2003; Ord. 5100, 11-1-2004; Ord. 5156, 9-26-2005, Ord. 5191, 12-122005; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008) 4-2-120D (Repealed by Ord. 5355, 2-252008) (Revised 5108) 2-130 4-3-040D D. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE RENTON AUTOMALL - AREAS A AND B: All permitted uses in Area A and all auto sales and related uses in Area B of the Renton Automall shall com- ply with the following development standards: SERVICE AREA ORIENTATION LANDSCAPING - STREET FRONTAGE LANDSCAPING REQUIREMENTS for lots which abut Lind Avenue S.W., S.W. Grady Way, Talbot Road S. (SR -515) and Rainier Avenue S_ - JLANDSCAPING— MINIMUM AMOUNT AND LOCATION WHEEL STOPS CUSTOMER PARKING ALL USES IN AREA A, DEALERSHIPS AND':... RELATED USES 'IN AREA B ` Service areas shall not face public street frontage. A 15 -foot -wide landscape strip along these street frontages. This frontage requirement is in lieu of the frontage requirement listed for the zone in chapter 4-2 RMC_ Unimproved portions of the right-of-way may be used in combination with abutting private property to meet the required 15 -foot landscape strip width. The landscaping shall include a minimum 30 -inch -high berm and red maples (Acer rubrum) planted 25 feet on center. - -Minim-urn�5%-of-the-grass-site-area shall be provided as on-site landscaping. Landscaping shall be consolidated and located at site entries, building fronts, or other visually prominent locations as approved through the site plan development review process. If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2,5 feet from sidewalks to prevent bumper overhang of sidewalks_ Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with adjacent dealership customer parking and shared access_ Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. NaN-DEALERSH}PS.AND _. RELATED USES IN AREA.B Service areas shall not face public street frontage. Pursuant to landscaping requirements listed in chapter 4-'Z- RMC (requirements for the underlying zone) and RMC 4-4-070. -Pursuant-to-landscaping requirements- listed equirementslisted in chapter 4-2 RMC (requirements for the underlying zone) and RMC 4-4-070. If frontage landscaping is relocated, then permanent wheel stops or continuous curbs must be installed a minimum of 2.5 feet from sidewalks to prevent bumper overhang of sidewalks. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. Customer parking shall be designated and striped near entry drives and visible from public streets. Where possible, customer parking shall be combined with adjacent dealership customer parking and shared access. Where these requirements differ from the requirements of the parking, loading and driveway regulations of chapter 4-4 RMC, these requirements shall govern. 3 - 9 (Revised 5108) 4-3-04OF — AUTOMALL RIGHT-OF-WAY IMPROVEMENT PLAN COORDINATION AUTOMALL IMPROVEMENT PLAN COMPLIANCE MODIFICATIONS ALL USES 1N A'REA`A,. NON -DEALERSHIPS AND DEALERSHIPS AND , RELATED USES iN AREA B. RELATED USES IN AREA B-. Once completed, all development shall I Once completed, all development shall coordinate with a right-of-way improvement pian. A right-of-way improvement plan shall be completed by the City in coordination with adjacent property owners, and shall address gateways, signage, landscaping, and shared access. All development shall coordinate with the Automall Improvement Plan adopted by Resolution No. 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, signage, landscaping, circulation, and shared access. (Amd. Ord. 5355, 2-25-2008) E. POTENTIAL WAIVER OF STREET VACATION FEES FOR DEALERSHIPS LOCATED WITHIN THE RENTON AUTOMALL AREA A: I All street vacation fees and compensation for the right-of-way may be waived by the Council for de- veloping properties in Area A, provided: 1. The properties are designated to be va- cated on the Automall Improvement Plan Map, 2. The application for street vacation con- forms to RMC 9-14-10, Administrative Proce- dure for Right -of -Way Vacations, and 3_ The uses proposed conform to subsec- tion C of this Section. (Amd. Ord. 4749, 10-19-1998) (Rc-vised 5108) 3-10 coordinate with a right-of-way improvement plan. A right-of-way improvement plan shall be completed by the City in coordination with adjacent property owners, and shall address gateways, signage, landscaping, and shared access. All development shall coordinate with the Automall Improvement Plan adopted by Resolution No: 3457. The plan addresses potential street vacations, right-of-way improvements, area gateways, s{gnage, landscaping, circulation, and shared access. Where full compliance with these provisions would create a hardship for existing uses undergoing major modifications, the Zoning Administrator may modify them. Hardship for existing uses may result from existing lot coverage, existing siting of buildings, etc., which preclude full compliance. F. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE NORTHEAST FOURTH STREET, PUGET DRIVE, RAINIER AVENUE, AND SUNSET BOULEVARD BUSINESS DISTRICTS: 1. Northeast Fourth, Puget, Rainier, and Sunset Business Districts: a. Maximum Front Yard Setback: Maximum front setback of fifteen feet (15') from the property line. In the NE Fourth Business District, the fifteen -foot (15') setback may be modified to accom- modate the Boulevard Improvement Plan. When the fifteen -foot (15') setback is modified, a fifteen -foot (15') land- scaped buffer shall be required within the enlarged setback. Required parking shall not be located within a modified setback. tially zoned lot, i -e., RC, R-1, R-4, R-8, RMH, A-10, H-14, RM, and the regulated activity is proposed on the side of the property abutting or adjacent to the listed zones. In such cases, a fence, or landscaping, or a landscaped berm, or a combination thereof is required as determined by the Reviewing Official to achieve adequate visual or acoustical screening. These provisions may be modified by the Reviewing Official through the site plan review process, or the modification process for site -plan exempt proposals, where the ap- plicant can show that the same or better re - 4-4-100B I. VARIANCES: A variance to standards that are not otherwise al- lowed to be altered via another process in accor- dance with subsections 0 through G of this Section may be sought pursuant to RMC 4-9-260. J. APPEALS: See RMC 4-8-110. (Ord. 4963, 5-13-2002) 4-4-100 SIGN REGULATIONS: A. PURPOSE: suit will occur because of creative design It is the purpose of these regulations to provide a solutions, unique aspects or use, etc. means of regulating signs so as to promote the health, safety, morals, general welfare, social and 3. Outdoor Storage -- Commercial or In- economic welfare and esthetics of the City of dustrial Zones: When permitted by the un- Renton. Signs are erected to provide information derlying zone, outdoor storage must be for the benefit and convenience of pedestrians screened from adjacent orabutting properties and motorists and should not detract from the and public rights-of-way_ Outdoor storage quality of urban environment by being competitive uses shall provide sight -obscuring fences or or garish. Signs should complement and charac- solid walls a minimum of six feet (6') in height, terize the environment which they serve to give berming, and/or landscaping as determined their respective areas a unique and pleasing by the Reviewing Official to achieve adequate quality_ The regulations of this Code are not in- --- visual-or-acou.stical-screening-Guts-ide-stor-- teen ed op rermi aT ny vFoFa_fionsof any other lawful age shall not be permitted in any required set- ordinance. The purposes of this Section are im- back area. Products or materials covered by plemented through the establishment of stan- buildings with roofs but without sides shall be dards for the type, placement, scale, and considered outside storage and subject to the construction of signs which varies by use, zoning screening provisions of this Section. Exterior district, or City Center sign district. (Ord. 2877, sales of autos, boats and motorcycles are not 9-9-1974, Amd. Ord. 4720, 5-4-1998) considered outdoor storage_ a. Special Outdoor Storage Height Requirements, Industrial Zones: Lim- ited to fifteen feet (15') in height or one story. G VEHICLE STORAGE SCREENINQ CA ZONE: In lieu of subsection F3 of this Section, vehicfe storage screening shall include the following: fencing, berming, enclosing walls and landscap- ing, as determined by the Reviewing Official, suf- ficient to achieve substantial visual and acoustical screening, shall be provided to screen adjacent and abutting properties, public rights-of-way and limited rights-of-way. H. OUTDOOR RETAIL SALES — CD ZONE: Outdoor retail sales uses in the CD .Zone must be fully enclosed on all sides and screened from view of adjacent uses and abutting public streets. B. APPLICABILITY AND AUTHORITY: 1. Applicability: No sign shall hereafter be erected, re -erected, constructed or altered, except as provided by this Code and a permit for the same has been issued by the Building Official. 2. Permits Required: A separate permit shall be required for a sign or signs for each business entity and/or a separate permit for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs_ (Ord. 4629, 8-19-1996) 3. Periodic inspection of Signs: All signs controlled by this section shall be subject to inspection and periodic reinspection by the Planning/Building/Public Works Adminisira- tor_ (Ord. 3719, 4-11-1983; Amd, Ord_ 4832, 3-6-2000) 4-40.1 (Revised I/05) 4-4--I OOB 4. Authority of Planning/Building/Public Works Administrator: The Planning/Build- ing/Public Works Administrator is hereby au- thorized and directed to enforce all the provisions of this section_ The Planning/ Building/Public Works Administrator may or- der the removal of any sign that is not main- tained in accordance with the provisions of subsection D3 of this section_ (Ord_ 2877, 9-9-1974; Amd. Ord_ 3719, 4-11-1983; Ord_ 4832, 3-6-2000) 5. Exemptions from Sign Code Regula- tions: a. Indoor Signage: This Code does not apply to any signs or sign structures located within a building. (Ord_ 2877, 9-9-1974, Amd. Ord. 4720, 5-4-1998) b. Government and Utility Signage: Nothing in this Code shall be interpreted as controlling public and informational signs placed on the public right-of-way by any governmental agency or public utility having underground or overhead installa- tions. (Ord. 2877, 9 -9 -197 -4) -- c- -9-1974)_ c- Awning, Canopy, and Marquee Structures Waving No Signage: Aw- nings and canopies shall meet the appli- cable provisions of the adopted edition of the Uniform Building Code. (Ord_ 4720, 5-4-1998) 6. Exceptions from Permit Require- ments: The fallowing shall not require a sign permit_ These exceptions shall not be con- strued as relieving the owner of any sign from the responsibility of its erection, maintenance and compliance with any other law or ordi- nance regulating the same. a. Bulletin Boards: Bulletin board not over twelve (12) square feet in area on one face for each public, charitable or re- ligious institution when the same is lo- cated on the premises of said institution. b. City Sponsored Signs: Temporary signs for the purpose of announcing or promoting a City sponsored community fair, festival, or event. Such decorations and signs may be displayed no more than fourteen (14) calendar days prior to and during the fair, festival, or event. All (Revised 3/05) 4-40-2 decorations and signs must be removed within five (5) calendar days foilowing the end of the fair, festival or event_ Excep- tions to the time limitations may be ap- proved by the Mayor's office. The temporary signs may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Transportation Systems Division. e. City Sponsored or Ca -Sponsored Signs and Displays: City sponsored or co-sponsored signs, banners, or decora- tions subject to approval of the Mayor's office. These signs, banners, and dis- plays may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Trans- portation Systems Division. (Amd_ Ord. 4848, 6-26-2000) d. Construction Signs: i. Construction Advertising: One temporary sign per street frontage, not exceeding thirty two (32) square fee# in area on one face, denoting the architect, engineer, contractor, finan- cier, developer and/or future site oc- cupant or tenant when placed on the site of new construction and/or build- ing or site renovation. 4-4-100 B j. Memorial Signs: Memorial signs or tables, names of buildings and dates of erection, when cut into any masonry sur- face or when constructed of bronze or other incombustible materials. (Ord. ii- Temporary Replacement Sig- 4629, 8-19-1996; Amd- Ord. 4848, nage: Existing uses which have re- 6-26-2000; Ord. 5062, 1-26-2004) moved permanent signage during a construction project may install tem- k. Modifications Not Requiring porary banners and/or rigid portable Structural or Electrical Changes: signs in lieu of permanent signage. Only one banner or rigid portable i. Outside of City Center: Paint - sign shall be allowed per street front- ing, repainting or cleaning of an ad- age. Wall -hung and wall -pole strung vertising structure or the changing of banners shall not exceed one hun- the advertising copy or message dred (100) square fleet in size, pole- thereon shall not be considered an hung banners shall not exceed erection or alteration which requires twenty (20) square feet in size, and sign permit unless a structural or rigid portable signs shall not exceed electrical change is made. (Ord_ thirty two (32) square fleet in size. 4629, 8-19-1996; Amd. Ord. 4720, The above temporary signage may 5-4-1998) only be displayed in conjunction with a valid building or construction per- ii. Inside City Center Sign Regu- mit. Temporary replacement signs lation Boundaries: Painting, re - shall be removed at, or prior to, the fi- painting or cleaning of an advertising o.alizati_arr_of_th huildin.g_perrnit struetur_e-sha1Lnmt_b2e-considered- an (Amd. Ord. 4859, 9-18-2000) erection or alteration which requires sign permit unless a structural or e. Copy Changes: The changing of the electrical change is made. A change advertising copy or message on a of sign face shall be subject to permit painted or printed sign, theater marquee requirements. (Ord. 4720, 5-4-1998; and similar signs specifically designed for Amd. Ord. 4848, 6-26-2000; Ord. the use of replaceable copy. 5062, 1-26-2004) f. Credit Signs: Signs of not over two (2) square feet advertising that credit is available to members of monetary institu- tions. g. Flags: National, State, county and municipal flags properly displayed. In ad- dition, one corporate or institutional flag may be properly displayed per site_ (Ord. 4848, 6-26-2000) h_ Garage Sale Signs: See RMC 4--4- 100J3. (Ord. 5062, 1-26-2004) i. Holiday Displays: Temporary signs and decorations customary for special holidays, observed by the federal, state or municipal government erected entirely on private property. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) 1. Open douse Signs_ (Amd, Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) m. Political Signs: Political signs less than twelve (12) square feet on one face as herein defined. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) n. Public Art: Sculptures, wall paint- ings, murals, collages, banners and other design features which do not incorporate advertising or identification, consistent with the provisions and procedures of the Public Art Exemption, RMC 4-9-160- (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) a. Public Service Signs: Nonadvertis- ing and nonpromotional signs such as cit- izen recognition signs, neighborhood welcome signs, signs indicating scenic or historic points of interest, or other signs of 4-41 (Revised 4104) 4-4-1 ooC similar nature as determined by the De- velopment Services Division. Such signs may be located in any zone and shall re- quire approval of the Development Ser- vices Division. These signs may be located on or over public rights-of-way with approval of the sign placement by the City of Renton Transportation Sys- tems Division. (Amd. Ord. 4848, 6-26-2000; Ord_ 5062, 1-26-2004) p. Real Estate Signs: Open house signs as described in subsection J2B(i) of this Section and freestanding real estate signs as described in subsection J2C of this Section_ (Amd. Ord. 4848, 6-26-2000; Ord_ 5062, 1-26-2004) q. Safety Information Signs: Signs of public service companies indicating dan- ger and/or service or safety information. (Amd. Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) no.restrictions on the number per wall or number per site. Wall -hung banners shall not cover up perma- nent signage or address numbers_ ii. Pole -Hung Banner Size and Location Limitations: Pole -hung banners shall not exceed twenty (20) square feet in size. No more than one pole -hung banner shall be located on any on-site pole or light standard. There are no restrictions on the num- ber of pole -hung banners per site. (Ord. 4848, 6-26-2000; Ord_ 5062, 1-26-2004) C. PROHIBITED SIGNS AND DEVICES: The following signs or devices are specifically prohibited: 1. Signs Which Violate State Regula- tions: All signs not complying with the Wash- ington State Highway Department regulations adjacent to State roads. (Ord. 4629, r. Small Parking and Traffic Control 8-19-1996) Signs: Parking and traffic control signs two {2 quare f-eet-o-r less on privy 2. Signs Which Interfere with Traffic property. (Arad. Ord. 4848, 6-26-2000; Control: Any sign using the words "stop", Ord. 5062, 1-26-2004) "look", "danger" or any other word, symbol or character which might confuse traffic or de- s. Small Wall Signs: One on -premises tract from any legal traffic control device. No sign, not electrical or illuminated, two (2) sign shall be erected in such a manner as to square feet or less on one face which is confine or obstruct the view or interpretation affixed permanently on a plane parallel to of any official traffic sign, signal or device_ the wall on the wall located entirely on pri- (Ord. 4629, 8-19-1996; Amd. Ord. 4720, vate property. (Amd. Ord. 4848, 5-4-1998) 6-26-2000; Ord_ 5062, 1-26-2004) t. Weekend and Holiday Display Sig- nage for Vehicle and Vessel Sales in the Auto Mall Overlay Districts: Bal- loons, with no limit on size or number per site, may be displayed on Fridays, Satur- days, and Sundays, federal legal holi- days and December 26 — 31 _ (Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) u. Banner Signage for Vehicle and Vessel Sales in the Auto Mall'Overlay Districts: Wail -hung and pole -hung ban- ners are permitted as follows: i_ Wall -Hung Banner Size and Lo- cation Limitations: Wall -hung ban- ners shall not exceed one hundred (100) square feet in size. There are (Revised 4104) 4-42 3. Animated, Revolving, Blinking and Flashing Signs: a. Outside City Center: All of the fol- lowing signs located within seventy five feet (75') of the public right-of-way with any of the following features: animated, revolving more than eight (8) revolutions per minute, blinking and flashing. Excep- tions are public service signs, such as those which give the time, temperature and/or humidity, and electronic message boards/signs for public facilities and car dealers located within the Auto Mail Area(s). (Ord. 4629, 8-19-1996, Amd. Ord. 4724, 5-11-1998; Ord. 4766, 3-1-1999). b. Inside City Center Sign Regulation Area Boundaries: In the City Center, all of the fofiowing signs with any of the fol- lowing features: animated, revolving, blinking and flashing. Exceptions are public service signs, such as those which give the time, temperature and/or humid- ity, and barber poles - 4. Devices of a Carnival Nature: Balloons, flags, pennants/streamers, wind -animated objects, searchlights, inflatable statuary, and similar devices of a carnival nature except as specifically provided in subsections B6, Ex- emptions from Permit Requirements, and J6, Event Signs, of this Section. (Amd. Ord. 4848, 6-26-2000) 4-4-100C Signs; and I, Signs on Public Right -of -Way, of this Section. (Ord. 3719, 4-11-1983; Amd. Ord. 4832, 3-6-2000; Ord- 4848, 6-26-2000; Ord. 5062, 1-26-2004) 10. Off -Premises Signs: Except tempo- rary and portable signs allowed by subsec- tions J of this Section; City sponsored signs and public service signs per subsections B6b, City Sponsored Signs; 136c, City Spon- sored or Co -Sponsored Signs and Displays; and B6o, Public Service Signs, of this Sec- tion. (Ord. 4172, 9-12-1988; Amd. Ord. 4629, 8-19-1996; Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000; Ord. 5062, 1-26-2004) 11. Roof Signs within the City Center Sign Regulation Area, subsection H of this 5. Banners and Rigid Portable Signs: Section, shall be prohibited. (Ord. 4720, Banners and rigid portable signs or any simi- 5-4-1998) lar sign which is not permanently mounted, except for those signs specifically permitted 12. Signs Obscuring Address Numbers. by subsections B6, Exceptions from Permit (Ord. 4848, 6-26-2000) Requirements, and J, Temporary Signs, of this Section- (Arad. Ord. 4832,3-6-2000; Ord. 13. Signs Located in Designated Fire 4848, 6-25_2000) Lanes: Signs shall not encroach within any _ on-site fire lane, i -e., a minimum clearance of 6. Signs Which Obscure Vision: There fourteen feet (14') in height and twenty feet shall be no signs allowed within twenty feet (20') in width. (Ord. 4848, 6-26-2000) (20') of intersections or driveways which shall obscure vision between the height of three feet (3') and ten feet (10') of the street or driveway grade - 7. Signs on Stationary Vehicles: Station- ary motor vehicles, trailers and related de- vices to circumvent the intent of this Code. (Ord. 4629, 8-19-1996) 8. Signs over Public Right -of -Way: Signs over public right-of-way other than signs specified in subsection L2 of this Section, projecting signs, temporary cloth signs per subsection J1c of this Section, City spon- sored signs and public service signs per sub- sections B6b, 136c and 136o of this Section. (Ord. 4629,8-19-1996; Amd. Ord. 4720, 5-4-1998) 9. Signs on Public Right -of -Way: Signs on public right-of-way other than temporary and portable signs allowed by subsection J of this Section; and subsections 136b, City Spon- sored Signs; 136c, City Sponsored or Co - Sponsored Signs and Displays; 136o, Public Service Signs; 136q, Safety Information 4-421 14. Perimeter Street Landscaping: No sign shall be located within required perime- ter street landscaping. (Ord- 4848, 6-26-2000) 15. Signs on Vegetation: No sign or adver- tising device shall be attached or hung on or from a tree or shrub. (Ord. 4848, 6-26-2000) 16. Real Estate Signs: a. Any off -premises real estate sign, ex- cept open house and real estate direc- tional signs. b. In no case shall any real estate sign be less than four (4) square feet, except for open house signs. c. Any off -premises real estate sign lo- cated at the same intersection corner, or location as an approved public service sign or public art. d- Any real estate sign closer than four feet (4') to the edge of a public roadway. (Revised 4104) 4-4-1000 e_ Any real estate sign placed in a man- ner as to constitute a public safety hazard as determined by the Development Ser- vices Division. (Ord. 5062, 1-26-2004) ;Reviscd 4104) 4-42.2 Q. GENERAL REQUIREMENTS FOR SIGNS: 1. Permit Fees: At the time of issuing a per- mit to erect or insta€I a sign or device con- trolled by this Code, the Building Official shall collect a fee pursuant to RMC 4-1-140M. 2. Method of Calculating Sign Area: For the purpose of computing the maximum per- mitted size and permit fee, freestanding let - 4-4-100[] one hundred twenty (120) days of said closure and vacation of premises. (Ord. 4720, 5-4-1998) b. City Center Sign Regulation Area: Upon the effective date of this Section (June 8, 1998), the fallowing regulations shall govern sign removal in the City Center Sign Regulation Area upon clo- sure of business: ters or characters, where no background is i. Timing and Responsibility for specially provided, the area shall be consid- Removal: Upon the closure and va- ered as that encompassed by drawing cation of a business or activity, the straight lines at the extremities of the shapes owner of said business or activity to be used. shah immediately remove all signs relating to said business and activity. 3. Sign Maintenance Required: All signs, if the owner of said business or activ- together with all of their supports, braces, ity fails to remove said signs, then the guys and anchors, shall be kept in repair and owner of the property upon which in proper state of preservation. The surfaces said signs are located shall remove Of all signs shall be kept neatly painted or said signs within thirty (30) days of posted at all times. The ground area shall be said closure and vacation of pre - neat and orderly. (Ord. 3719, 4-11-1983) mises_ if the owner of the property fails to remove the signs within the 4. Appearance oils -La sign is visible designated time limit, then the Build - from more than one direction, all areas not in- ing Official or designee may upon tended as display surfaces including the back due notice enforce civil penalty regu- and sides shall be designed so that such ar- lations per RMC 1-3-2. Prior to the eas are given a finished and pleasing appear- end of the thirty (30) day time period ance with the display. surfaces visible only or time period established upon no - from the directions that they are intended to tice by the City pursuant to enforce - be seen. (Ord. 2504, 9-23-1969) ment of dvil penalty regulations, a new tenant or the property owner 5. Lighting: All illuminated signs shall be may request utilization of existing designed and located in such a manner as to signs or sign structures as regulated avoid undue glare or reflection of light. Unless in paragraphs ii through iv of this sub - specifically restricted signs may be internally section. I or externally illuminated, or have tube illumi- nation. (Ord. 2504, 9-23-1969; Amd_ Ord. 4720,-5-4-1998) 6. Removal of Signage Upon Closure of Business: a. City -Wide Outside of City Center: Upon the closure and vacation of a busi- ness or activity, the owner of said busi- ness or activity shall have ninety (90) days from the date of closure to remove all signs relating to said business and ac- tivity. If the owner of said business or ac- tivity fails to remove said signs within the designated time period, then the owner of the property upon which said signs are located shall remove said signs within 4-43 ii. Exception for Conforming Signs: Conforming signs and sign structures may be utilized by a new tenant or owner. The tenant or owner shall submit a sign permit application to confirm the conformity of the signs and sign structures. Permit fees are not required when the reviewing offi- cial determines that no change to the conforming sign will be made. Where there will be alterations or new sign faces of the existing conforming signs or sign structures, sign permit fees shall apply. (Ord. 4720, 5-4-1998) 4-4-100D iii. Exception for Nonconforming Signs: Nonconforming signs and sign structures shall not be utilized by a new tenant or owner unless one or more of the following conditions is present: • The sign is considered to be of historic value, and has been des- ignated as such by the Renton City Council through adoption of a resolution or ordinance; or Replacement of sign faces may be allowed if there is a change in the corporate name of the busi- ness due to merger, acquisition or new management, but no change in use or activity, and the property was not vacated in the transition. Such signs shall be subject to applicable sign permit and fee requirements; or iv. Immediate Removal: If the pro- visions of subsection DOb(iii) of this Section are not met, then the non- conforming sign or sign structure shall be removed immediately. 7. Nonconforming Signs: Any noncon- forming signage which was erected prior to the enactment of the Sign Code (September 9, 1974), or which was erected legally in ac- cordance with the provisions of the sign ordi- nance in effect at the time of erection, or which has a valid building permit from the City may remain in use by the existing business, subject to the following: a. The changing of advertising copy or message thereon is permitted provided no structural or electrical alteration is made. A sign permit shall be obtained by the existing business, unless exempt from permit requirements pursuant to subsection Rhe of this Section. Other proposed alterations are subject to sub - A variance or modification was sections D7b through D7d of this Section. granted to the previous tenant or -owner-,-and-the-conditions-war ---b—The sign shall -be -kept -in -a -safe con=- ------- . -- . ranting the variance or modifica- dition. Nothing in this Section shall pre - tion are still present, The vent the strengthening or restoring to a approval or denial shall be docu- safe condition of any portion of a sign de- mented by administrative deter- clared unsafe by a proper authority. Legaf mination. If the reviewing official nonconforming signage is subject to all indicates that conditions do not requirements of this Code regarding appear to warrant continuation of safety, maintenance, and repair. 'the previous variance or modifi- cation, the applicant may submit a new variance or modification application; or The applicant proposes to alter the nonconforming sign in order to make it fully conforming. Alter- ation of the sign shall be subject to applicable sign permit and tee requirements; or Application is made for a sign modification or variance as ap- propriate. If the above provisions are not met; then the noncon- forming sign or sign structure shall be removed immediately. (Ord. 3719, 4-11-1983, Amd. Ord. 4422, 10-25-1993, Ord. 4720, 5-4-1998) 4-44 c. Excluding the cost of changing ad- vertising copy/messages per subsection D7a of this Section, the cost of alterations of a legal nonconforming sign shall not exceed an aggregate cost of fifty percent (50%) of the value of the sign, based upon its replacement value, unless the amount over fifty percent (50°!fl) is used to make the sign more conforming. Alter- ations shall not result in or increase any nonconforming condition. d. The reconstruction, repairing, re- building and continued use of a noncon- forming sign damaged by fire, explosion, or act of God, subsequent to the effective date of these regulations (.lune 8, 1998), may be allowed as follows: the work shall not exceed fifty percent (50%) of its re- placement value of the sign at the time such damage occurred; otherwise, any 4.4-1 OOF restoration or reconstruction shall con- a. Churches, Apartments and Subdi- form to the regulations and standards visions: Churches, apartment buildings, specified in this Section. (Ord_ 4720, subdivision developments and similar oc- 5-4-1998) cupancies located in residential and mixed-use zones may have two (2) on - E. SIZE, NUMBER AND HEIGHT OF premises identifying signs of not over PERMANENT SIGNS: thirty two (32) square feet in area on one face. The signs may be illuminated but 1. Permitted and Prohibited Signs: Only not animated, shall be for location identi- those signs specifically designated are per- fication only and shall display no copy, mitted; all others are prohibited. (Ord. 4464, symbol or device other than that in keep - 7 -25-1994) ing with the development. Freestanding signs shall be not higher than six feet (6') 2. Location Limitations: All signs are fur- above any established grade and shall ther limited and restricted as to location in the be no closer than ten feet (10') to any land use zones as such land use zones are street right-of-way or five feet (5') to any defined and established by chapter 4-2 RMC, side property line. as amended, or any other regulation pertain- ing to or regulating zoning. The zoning regu- L Decorative Flags: Apartment lations may contain further sign restrictions. buildings, residential subdivision de - (Ord. 4464, 7-25-1994; Amd. Ord. 4720, velopments and similar occupancies 5-4-1998) located in residential and mixed-use zones may also display decorative 3. Height Limits: flags in accordance with the following requirements: a. Signs -within -City Center: See-s-ub:-- section H of this Section. (a) Permit Requirements-, Permit required. b. Signs Outside City Center Sign Regulation Area: The height limitation (b) Sign Type: A lightweight for freestanding, ground, projecting and fabric or similar material, sup - combination signs shall be the maximum ported by a vertical or horizontal height of the zone or forty feet (40'), staff. whichever is less. Hoof signs may extend twenty feet (20') above the parapet wall_ (c) Allowed Uses: Multi -family This Section shall not apply to those residential complexes and subdi- signs covered by subsection E5e of this visions of ten (10) or more units Section, Large Retail Uses, or subsection or lots. H of this Section, City Center Sign Regu- lations, or subsection E5f(ii) of this Sec- (d) Maximum Size: Each flag tion, Motor Vehicle Dealership Over One shall not exceed twenty five (25) Acre of Contiguous Ownership or Control square feet_ Located Within the Auto Mall Area(s). (Ord. 4464, 7-25-1994, Amd. Ord. 4720, (e) Maximum Height: Flags, 5-4-1998; Ord. 5066, 4-5-2004) including the supports, shall not exceed the height limitations for 4. Signs Permitted in All Residential, the zone in which it is located_ Commercial, and Industrial Zones: Except for signage within Shoreline Areas (subsec- (f) Sign/Pole Locations: Only tion G of this Section), signage.in the P-1 permissible when located within Zone, and signage with the City Center (sub- one hundred feet (100') of the section H of this Section), in all residential, entrance to a subdivision or a commercial and industrial zones the following multi -family development. The shall apply: sign/pole shall be located on the development premises and shall be set back a minimum of one 4-45 (Revised 7164) 4-4-100E foot from the property line for each foot in height. (Amd. Ord. 4765, 3-1-1999; Ord. 5062, 1-26-2004) b. Horne Occupations: Only one home occupation sign, not illuminated, not exceeding two (2) square feet in area, attached to the wall of the building with the face of the sign in a plane parallel to the plane of the wall is permitted. c. Temporary Signs: Temporary signs per subsection J of this Section are al- lowed, except for cloth signs over public one and ane-ha#f (1-1/2) square feet for each lineal foot of properly front- age which the business occupies up to a maximum of three hundred (300) square feet: or if such sign is multi - faced, the maximum allowance shall not be more than three hundred (340) square feet. However, a maxi- mum of one-half (112) of the allowed square footage is allowed on each face. Businesses with less than twenty five (25) lineal front feet may have a sign of a maximum of twenty (20) square feet per face_ right-of-way. (Ord_ 3719,4-11-1983; ii. Wall Signs: In addition to the Amd. Ord. 4172, 9-12-1988; Ord. 4720, signs in subsections E5c, Under 5-4-1998; Ord. 5062, 1-26-2004) Marquee Signs, E5a(1), Business Signs, E5f and E5g, Motor Vehicle d. Public Facilities (Public Buildings, Dealership Over One Acre, ESe, Schools, Parks and Recreation Facili- Large Retail Uses, and E5d, Shop - ties): Each individual public facility may ping Centers, wall signs are permit - have one freestanding electronic or man- ted with a total copy area not ual message board, a maximum of twenty exceeding twenty percent (20%) of five feet (25') in height and one hundred the building facade to which it is ap- fifty (150) square feet in size. In addition plied. (Ord. 3719, 4-11-1983; Amd. To—I�sage'bbard sign, eacffin_r ivi - ---Ord. 44G4T-25-l-9-Yf-,-Am . r . -- -- ual facility may have one freestanding 4720, 5-4-1998) sign not higher than six feet (6') above any established grade for each street b_ Marquee Signs: Signs on marquees frontage and no more than one hundred conforming to subsection N of this Sec - (100) square feet. Freestanding signs tion are permitted. shall be no closer than ten feet (10') to any street right-of-way or five feet (5') to c. Under Marquee Signs: Under mar - any side property line_ In addition to the quee signs shall be limited to one such freestanding signs, wall signs are permit- sign per entrance for each business es - ted with a total copy area not exceeding tablishment. (Ord. 3719, 4-11-1983) ten percent (100%) of the building facade to which it is applied. (Ord. 4766; d. Shopping Centers: 3-1-1999; Ord. 5062, 1-26-2004) 5. Additional Signs Permitted in Com- mercial and Industrial zones: Except in the City Sign Regulation Area, the following shall apply in all commercial and industrial zones_ a. BusinessSigns—General: i. Freestanding, Ground, Roof and Projecting Signs: Each individ- ual business establishment may have only one sign for each street frontage of any one of the following types: Freestanding, roof, ground, projecting or combination. Each sign shall not exceed an area greater than (Revised 7/34) 4-46 i. Shopping centers less than ten (10) acres may install: Freestanding Signs: One free- standing sign for each street frontage of the shopping center. Each sign shall not exceed an area greater than one and one- half (1-112) square foot for each linear foot of property frontage, not to exceed one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces. ii_ Shopping centers ten (10) acres or greater may install: Freestanding Signs: One free- standing sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet far each linearfoot of property frontage, up to a maxi- mum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and; 4-4-100E than one and one-half (1-112) square feet for each linearfoot of property frontage, up to a maxi- mum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign, faces; and Optional Freestanding Sign: In lieu of one of the freestanding signs permitted above, for a property frontage with a mini- mum of two hundred (200) linear feet, one freestanding sign not to • Optional Freestanding Sign: In exceed two hundred fifty (250) lieu of one of the freestanding square feet per sign face and a signs permitted above,- one free- maximum of five hundred (500) standing identification sign for square feet including all sign listing the names of the occu- faces, and not to exceed sixty pants of the shopping center. feet (60') in height-, and The shopping center identifica- tion sign shall not exceed an Directional Sign: An additional area greater than one and one- directional sign maybe permitted half (1-112) square feet for each to locate within twenty (20) feet ---- -linear foot of -property -frontage, cf-a_recorded-access-easement- .-- ..-- -- ..-- not to exceed two hundred fifty serving the subject property, pro - (250) square feet per sign face vided the sign does not obscure and a maximum of five hundred sight distance_ This sign shall not (500) square feet including all exceed thirty two (32) square sign faces. feet per sign face and a maxi- mum of sixty four (64) square e- Large Retail Uses: Property dedi- feet including all sign faces. cated primarily to retail sales may install (Ord. 4577, 1-22-1996, Ord. oversized signs as follows in lieu of sig- 4649, 1-6-1997) nage permitted under subsections E5a(i), Business Signs, and E5d, Shopping Cen- ters, of this Section. (Ord. 4577, 1-22-1996) i. Developments Over One Hun- dred Twenty Five Thousand (125,000) Square Feet: A commer- cial development with a single build- ing of a minimum of one hundred twenty five thousand (125,000) square feet in floor area dedicated primarily to retail sales, provided all or part of the property is located within one thousand (1,000) feet of the right-of-way of Interstate High- way 405 or Highway 167, may install: Freestanding Signs: One free- standing sign per street frontage not to exceed an area greater ii. Big Box Retail Uses with over Three Hundred Fifty Thousand (350,000) Square Feet of Total Building Area Located in the Em- ployment Area Valley: Big box retail uses with over three hundred fifty thousand (350,000) square feet in to- tal building area located in the Em- ployment Area Valley may install: Large Freestanding Signs: One on -premises freestanding sign not to exceed one hundred fifteen feet (115') in height and seven hundred (700) square feet per face, and another such sign not to exceed forty feet (40') in height and four hundred (400) square feet per face; and 4-47 (Revised 7104) 4-4-10OF Roof Signs: One roof -mounted sign per building of up to four hundred (400) square feet not to exceed twenty feet (20') in height above the parapet wall and not to exceed two (2) such signs per re- tail center; and Additional Freestanding Signs: Two (2) on -premises freestanding signs per street frontage, no more than eight feet (8') tall and no more than one hundred (100) square feet per side. (Ord. 4577, 1-22-1996; Amd. Ord. 4990, 12-9-2002) f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Within the Auto Mall Area(s): i. Wall and Under Marquee Signs: Each dealership is allowed its appropriate wall or under marquee, sign as stated in the Sign Code, and ._(Ord. -3719 4: 11=1-983 AAm i,—(Drd. 4707, 2-9-1998) H. Freestanding Signs: Each dealership is allowed: One freestanding sign per street frontage not to exceed an area greater than one and one-half (1- 1/2) square feet for each lineal foot of property frontage that the business occupies up to a maxi- mum of two hundred (200) square feet per sign face, and a maximum of four hundred (400) square feet including all sign faces, and not to exceed fifty feet (50') in height, or One freestanding sign per street frontage not to exceed an area greater than one and one-half (1- 1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and not to exceed fty feet (50') in height. In addi- (Revised 7104) 4-48 tion, each dealership is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business ac- tivity located on the property that can reasonably be related to the primary business. These signs shall not exceed a height of ten feet (10) and a total sign area of twenty five (25) square feet it sin- gle faced, or fifty (50) square feet including all sign faces. The ac- cessory signs must also maintain a minimum twenty foot (20') set- back and be no closer than one hundred fifty feet (150') to any other accessory ground sign. (Ord. 3719, 4-11-1983, Am d. Ord. 4707, 2-9-1998; Ord. 5066, 4-5-2004) One electronic message board sign is permitted as a wall sign, under marquee sign, or free- standing sign as allowed by the provisions stated above. (Ord. 4724 -S 11 1"998d��rd" 5066, 4-5-2004) g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located Outside the Auto Mal I Area: i. Wall Signs: Fach motor vehicle dealership located outside the Auto Mall area is allowed its appropriate wall or under marquee sign as stated in the Sign Code; and ii. Freestanding Signs: Each mo- tor vehicle dealership located outside the Auto Mall area is allowed: One freestanding, roof, ground, or projecting sign per street front- age not to exceed an area greater than one and one-half (1-112) square feet for each lineal fool of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces; or One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-112) square feet for each lineal foot of property frontage, up to a maximum of one hundred (100) square feet per sign face and a maximum of two hundred (200) square feet including all sign faces. In addition, each dealer- ship is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business activity lo- cated on the property which can reasonably be related to the pri- mary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if sin- gle faced or fifty (50) square feet including all sign faces. The ac- cessory signs must also maintain a minimum twenty foot (20) set- back and be no closer than one hundred fifty feet (150') to any her accessory ground sign. (Ord. 4707, 2-9-1998) h. Subdivision identification Signs: Commercial and/or industrial subdivi- sions may have two (2) on -premises identifying signs not over seventy five (75) square feet on one face. These signs must be no higher than six feet (6), or no closer to the street right-of-way than ten feet (10') or five feet (5') to any side property line. (Ord. 4172, 9-12-1988, Amd. Ord. 4720, 5-4-1998) i. Special Requirements for Speci- fied Uses in the Commercial Office (CO), Light Industrial (IL), Medium In- dustrial (IM), and Heavy Industrial (IH) Zones within One Hundred Feet (100) of a Lot Zoned RC, R-1, R-4, R-8, R-10, R-14, and RM: L Specified Uses — CO Zone • Assisted Living • Eating and Drinking Establish- ments • Retail Sales 4-4-1 COF • Indoor Recreation • On-site Services • Convalescent Centers ii. Specified Uses — IL, IM, IH Zones • Mini -Mart • On-site Services iii. Sign Allowances for Specified Uses in Subsections E5i(1) and E5i(ii) of this Section: • Freestanding Signs: One free- standing sign per street frontage. Freestanding signs shall be lim- ited to six feet (6) in height above grade and ten feet (10) from any public right-of-way. Each sign shall not exceed an area of one square foot for each lineal foot of property frontage, not to exceed - - - one hundred- l -GG square feet per sign face and a maximum of two hundred (200) square feet in- cluding all sign faces. 4-49 Wall Signs: In addition to the freestanding sign(s), wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied. (Ord. 4649, 1-6-1997; Amd. Ord. 4963, 5-13-2002; Ord. 5387, 6-9-2008) j. Self Storage Uses in the RM -F Zone: Signage for permitted self -storage uses in the RM -F Zone shall comply with subsection E5i of this section except that freestanding signs shall be limited to two (2) signs or one per street frontage, whichever is greater. (Ord. 4736, 8-24-1998; Amd. Ord. 4963, 5-13-2002) F. SIGNS WITHIN SHORELINE AREAS - SPECIAL REQUIREMENTS: 1. View Impairment Prohibited: Visual ac- cess to water and shoreline from vistas and viewpoints shall not be impaired by the place- ment of signs. Where feasible, signs are to be (Revised 8108) 4-4-1 OOG constructed against existing buildings or structures to minimize visual obstruction of the water and shoreline. 2. Location, Size and Type Limitations: Outdoor advertising signs are to be limited to areas of high intensity industrial and commer- cial use, are to be stationary, nonblinking, and of a size commensurate with the structure to which they are fixed. Off -premises and non - appurtenant signs are prohibited on the shoreline. 3. Illuminated, Freestanding and Roof Signs Prohibited: Illuminated or freestand- ing signs, or any signs extending above roof - lines, are prohibited on the shoreline except for required navigational aids. (Ord. 3858, 11-5-1984) G_ SPECIAL REQUIREMENTS FOR THE PUBLIC USE (P-1) ZONE: 1. Type of Signage Permitted: Only wall and freestanding signs are allowed. —2.—Size:-No-wall-sign-shall-exceed ten -per- cent (10%) of the building facade to which it is affixed. 3. Height and Setback Restrictions: Freestanding signs are limited to six feet (6) above grade and ten feet (10) to any public right-of-way. 4. Illumination and Location: Signs may be illuminated and shall be for location identi- fication only and shall display no copy, sym- bol or device other than that in keeping with the principal occupant. (Ord. 3921, 7-1-1985) 5. Exception for Off -Premises Advertis- ing: Off -premises advertising may be allowed as an accessory use of an identification sign or other structure if the following conditions are met: a. The maximum size of the off -pre- mises advertising is six (6) square feet. b. No more than twenty five percent (25%) of the principal structure is cov- ered by the off -premises advertising sign. c. The off -premises advertising sign is designed to be viewed by users of the fa- 'Reviscd 8108) 4-50 cility rather than street traffic. (Ord. 4172, 9-12-1988) H. SIGNS WITHIN CITY CENTER — SPECIAL REQUIREMENTS: 1. Purpose of Special Regulations: The purpose of the City Center sign regulations is to provide sign standards and regulations which recognize and strengthen the unique character of the City Center area businesses and streets, provide for appropriate signage which contributes to the economic vitality of the area and which complements its environ- ment, and to enhance the pedestrian orienta- tion of the district_ 2. Applicability: The sign standards of this subsection shall apply to the property con- tained within the City Center sign regulation boundaries as shown in the following figure, generally described as including: land which is within the Urban Design Regulations Dis- trict 'A.' (Ord. 4720, 5-4-1998; Ord. 5357, 2-25-2008) 4-4-1 0GH 3. 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Cd C cm O ca O- C x co CL 4Q��° c z�- eLLIco sQ om U' o� o� O C C C C) Q �Q �W T° �- LLJ c. ; �► Q O tz J _ 6)° a- C C = m O or cci .N a Q' g ¢� w nm •� •�CD L N - .... in F� U m E uj @-D o 0 CD L, Ln m CD 0 c o13W ���,�� � ��,cz 0 0 N z Q �t ° JCL Z t UQ Q1.� L C O Cn c� ovco U E X o Z3 2 O d 41 Z C a' N 'r- O E N'O ^U N co C n? p C Qy m T - U} E7 V7 _ E :3U O Q - cn,R cr � X iT '-' cz (n C tZ 0 o L6L! fN - E o 'O C o [n �! tv V ar �- Q m I -- xi v 0' ui (Revised J/p$) 4 -60 4-4-100H 6. Letter Size Limitations for Permanent Signs for Nonresidential Uses Based Upon Distance from Right -of -Way: a. Maximum Letter Height: The maximum letter height of signs shall be as follows: DISTANCE OF FREESTANDING GROUND, AWNING SIGN/ MULTI -OCCUPANCY OR SIGN FROM 1+VA1.L; PROJECTING, CAhJOPY SIGN/ MULTIPLE BUILDING RIGHT OF-1rVAY TRADITIONAL MARQUEE SIGN. MARQUEE SIGN COMPLEX. SIGN Within 50 feet: 24 inches 12 inches 6 inches (applies to letters and logo) Between 50 feet 36 inches 12 inches 6 inches (applies to letters and 100 feet: and logo) More than 100 feet: 48 inches 12 inches 6 inches (applies to letters and logo) b. Exemption from Letter Size Lim- i. Respond to the needs of the pub - its: The following properties are exempt lic in locating a business establish - from the maximum letter height require- ment; or ments of subsection H62 of this Section: ii. Assist business in contributing to i. Multi -occupancy buildings or mul- the economic well-being of the com- tiple building complexes with fifty munity; or thousand (50,000) square feet gross leasable floor area or greater, having iii_ Install a sign that is considered frontage on Rainier Avenue S.; or to be historic or of historic value by – — the-advertisirrg-industryor-a-recog- ii. Properties with frontage on Rain- nixed historic preservation organiza- ier Avenue S.; or tion, provided that such entity was not involved in the use, design or pro - iii. Buildings exceeding forty feet duction of the proposed sign; or (40') in height. (Amd. Ord. 4843, 5-22-2000; Ord. 5357, 2-25-2008) 7, Special Allowance for City Center Signs to Project into bight -of -Way: See subsection L2c(ii) of this Section. 8. TemporarylSpecial Permit Signs: In addition to the permanent signs described in subsection H6b of this Section, temporary signs per subsection J of this Section, Tem- porary Signs, are also allowed. 9. Modifications of City Center Sign Reg- ulations: a. Authority and Purpose: The Devel- opment Services Director may grant a modification from the sign standards for individual signs which do not meet the specific provisions of the City Center sign standards when the proposed sign is in- tended to accomplish one of the following purposes: iv. Result in a reduction of signs on a site; or v. Result in a reduction in the num- ber of freestanding or ground signs otherwise allowed; or vi. Result in a coordinated sign plan for a multi -tenant building or multiple building complex. b. Review Criteria: If the Development Services'Director determines that the in- tent of the proposed sign accomplishes one of the above purposes, the Develop- ment Services Director may grant a mod- ification request provided the proposed sign also meets all of the following crite- ria: i. The modification will not create a significant adverse impact to other property or improvements in the im- 4 - 61 (Revised 5/08) 4-4-1001 mediate vicinity of the subject prop- erty; and ii. The modification will not increase the number of signs allowed by this Chapter; and iii. The. modification will not in- crease the allowed height or area of any wall, projecting, awning/canopy/ marquee/traditional marquee, or sec- ondary sign by more than twenty five percent (250/.); and iv. The modification will not in- crease the allowed height or area of any freestanding or ground sign; and v. The modification does not create a public safety hazard. (Amd. Ord. 5071, 4-26-2004) c. Variance May Be Required: Pro- posals which do not meet the purposes or criteria of subsections H9a and H9b of this Section may be reviewed as variance applications as prrdvided in subsection R of this Section. (Ord. 4720, 5-4-1998) d. Fees: Fees shall be as stipulated by RMC 4-1-140M4. I. SIGNS ON PUBLIC RIGHT-OF-WAY: 1. City Sponsored Signs Authorized: City sponsored signs, displays, and public service signs per subsections 66b, 136c and 136o of this Section may be located on or over public rights-of-way with approval of the sign place- ment by the City of Renton Transportation Systems Division. If the Transportation Divi- sion determines that a sign request does not comply with this subsection, the requesting organization shall have the right to appeal that decision to the Hearing Examiner as a final administrative determination pursuant to RMC 4-8-110. (Ord. 4639, 8-19-1996; Amd. Ord. 4848, 6-26-2000) 2. Directional Signs for Public Buildings Authorized: Such signs are limited to one of the following sites approved by the Building Official. Public service directional signs for public buildings such as public schools, li- braries, hospitals and other similar public ser- (Revised 5ro8) 4-62 vice faciiities may be placed entirely on the public right-cf-way. a. Standards and Size Limits for Di- rectional Signs: Sign must be of size, height, color, design and mounting and so iocated as to comply in all respects with the City street sign standards. Sign shall not be over twelve (12) square feet in total background area for any one face, no portion of the sign closer than four feet (4) to any. curb line or improved roadway surface and not illuminated_ (Ord. 2877, 9-9-1974) 3. Public Service Directional Signs for Nonpublic Buildings Such as Churches and Charitable Organizations Authorized: Public service directional signs for nonpublic buildings such as churches and charitable or- ganizations may be placed entirely on the public right-of-way. a. Review Authority and Time: The organization seeking the sign must sub- mit a letter to the Transportation Systems _Division requesting directional signs, in- cluding the requested locations and wording for the sign. The Transportation Systems Division shall respond to the let- ter by calling or mailing a postcard within one working day of receipt of the request. An engineering study will be performed by the City within thirty (30) days of the request. If the requested locations do not conform to this subsection, the response will suggest suitable alternative locations, if any. b. Appeal Process: If the Transporta- tion Systems Division determines that the sign request does not comply with this subsection, the requesting organization shall have the right to appeal that deci- sion to the Hearing Examiner as a final administrative determination. c. Installation Time: If the sign is ap- proved, it will be installed within forty five (45) calendar days after approval of the request. (Ord. 4615, 6-17-1996) 4- Residential Open House Signs: Sub- ject to the requirements of subsection J3 of this Section_ J_ TEMPORARY AND PORTABLE SIGNS: (Amd. Ord. 4832, 3-6-2000) 1. General Requirements for Temporary Signs: a. Display of Permit Number: All tem- porary signs shall have the sign permit number placed in the upper left-hand cor- ner by the permittee. b. Support and Perforation Require- ments for Cloth Signs: Every temporary cloth sign shall be supported and at- tached with wire rope of three-eighths inch (3/8") minimum diameter, or other material of equivalent breaking strength. No strings, fiber ropes or wood slats shall be permitted for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten percent (10%) of their area to reduce wind resis- tance. Exception: Temporary cloth signs over ---- - private_p.ropert-y-not-exceeding-sixty_(&0) square feet shad be supported and at- tached with wire rope which will meet the requirements of subsection K of this Sec- tion. c. Projection of Temporary Cloth Signs Over Public PropertylRight-of- way: L Projection Permitted: Cloth signs may extend over public prop- erty. Cloth signs may extend across a public right-of-way only by permis- sion of the Mayor's office or his/her designates} representative, and shail be subject to all related laws and or- dinances_ ii. Clearance: Such signs, when extended over a public street, shall maintain a minimum vertical clear- ance of twenty feet (20'). Temporary signs, other than cloth, when eight feet (8') or more above the ground, may project not more than six inches (6") over public property or beyond the legal setback line. (Ord. 3719, 4-11-1983; Amd, Ord. 4422, 10-25-1993) 4-4-1 O0J iii. Time Limits: Cloth signs may be extended over a public right-of- way in accordance with the provi- sions of this Code for a period to be established by the Mayor or his des- ignated representative but not to ex- ceed thirty (30) days. (Ord. 3273, 12-11-1978) 2. deal Estate Signs: a. Prohibited Real Estate Signs: i. See RMC 4-4-100016. ii. No balloons or other attention - attracting devices may be attached to real estate signs. b. Off -Premises Real Estate Signs: L Open House Signs. (a) Permit Requirements: No permit required. (b) Maximum Display Period: In no case shall an open house sign be displayed prior to dawn or after dusk. A seller or their rep- resentative shall be present at the property for sale, rent or lease, while the open house sign is being displayed. (c) Allowed Use: For directing potential customers to the site of real estate that is for sale, rent, or lease. (d) Allowable Sign Type: A noniliuminated portable sign comprised of hinged panels con- figured in the shape of the alpha- betic letter "A." The sign text must include the words "open," "for sale," "for rent," or "for lease-" (e) Maximum Size: Thirty two inches wide by thirty six inches (32" x 36") high per each face of the sign. (f) Sign Location: Signs may be placed no closer than four 4-63 (Revised 4104) 4-4-100J feet (4') to the edge of a public roadway; provided, that they do not obstruct the vision or path- way of vehicular or pedestrian traffic and that they are not lo- cated on trees, foliage, utility poles, regulatory signs, direc- tional signs, or informational signs. (g) Maximum Number: Six (6) off -premises signs per property for sale, rent or lease. (h) Maximum Height: Shall not exceed ten (10) feet from fin- ished grade. ii. Real Estate Directional Signs (Outside of the City Center Sign Regulation Boundary as depicted in RMC 4-4-100H3): (a) Permit Requirements: Permit required. (b) --Maximum Display Period. Maximum of twelve (12) months. (c) Allowed Use: The free- standing real estate sign shall only be allowed during the origi- nal rental, lease up or sale of a development located within the corporate limits of the City of Renton containing ten (10) or more dwelling units, until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereaf- ter, only if seventy five percent (75%) or less of the total number of dwelling units in the develop- ment are rented, leased or sold_ The Development Services Divi- sion may also approve these signs for use by multi -family complexes that have completed major renovation in excess of fifty percent (50%) of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton_ (P,evised 4104) 4-64 (d) Allowable Sign Type: Any noniiluminated type of freestand- ing sign. (e) Maximum Size: Twelve (12) square feet on one face. (f) Sign Location: Must be within two (2) miles (driving dis- tance on a public roadway) of the premises it advertises. Signs may be placed no closer than four feet (4') to the edge of a public roadway; provided, that they do not obstruct the vision or pathway of vehicular or pedes- trian traffic. If the installation of the sign causes damages to util- ities and/or landscaping, the per- mit holder shall be responsible for all repairs and/or restoration within thirty (30) days of notifica- tion by the City. (g) Maximum Number Per In- tersection: A maximum of two ---72) real estat-e—direc6ona signs shall be allowed at any one inter- section and only one sign per de- velopment shall be allowed at each intersection. (h) Minimum Spacing Be- tween Intersections: Real es- tate directional signs shall be placed no closer than five hun- dred (500') feet to any other real estate directional sign and no closer than one hundred feet (100') to an intersection_ (i) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade_ iii. Real Estate Directional Signs (Within the City Center Sign Regu- lation Boundary as depicted in RMC 4-4-10©H3): (a) Permit Requirements: Permit required_ (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: The free- standing real estate sign shall only be allowed during the origi- nal rental, lease up or sale of a development located within the corporate limits of the City of Benton containing ten (10) or more dwelling units until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereaf- ter, only if seventy five percent (75%) or less of the total number of dwelling units in the develop- ment are rented, leased or sold. The Development Services Divi- sion may also approve these signs for use by mufti -family de- velopments that have completed major renovation in excess of fifty percent (50%) of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. (d) Allowable Sign Type: Any nonillomina eT reeestanding sign and A -frame signs. (e) Maximum Size: Thirty two inches wide by thirty six inches (32" by 36") tall per face - (f) Sign Location: Must be within two (2) miles (driving dis- tance on a public roadway) of the premises it advertises. Signs may be placed no closer than four (4) feet to the edge of a pub- lic roadway; provided, that they do not obstruct the vision or pathway of vehicular or pedes- trian traffic- If the installation of the sign causes damages to util- ities and/or landscaping, the per- mit holder shall be responsible for all repairs and/or restoration within thirty (30) days of notifica- tion by the City. (g) Maximum Number Per In- tersection: A maximum of two (2) real estate directional signs shall be allowed at any one inter- section and only one sign per de - 4 -4-1 OOJ velopment shall be allowed at each intersection. (h) Minimum Spacing Be- tween Intersections: Real es- tate directional signs shall be placed no closer than one hun- dred feet (100') to any other real estate directional sign and fifty feet (50') from an intersection. (i) Maximum Height: Shall not exceed ten feet (10') from fin- ished grade. c. On -Premises Real Estate Signs: i. Freestanding Real Estate Sign: (a) Permit Requirements: No permit required. (b) Maximum Display Period: The maximum display period is for the period of time the property is for sale, rent or lease. For multi -family complexes of five (5) or more dwelling units and on a lot greater than thirty five thousand (35,000) square feet, a thirty two (32) square foot or six (6) square foot freestand- ing real estate sign shall be al- lowed during the original rental, lease up or sale of the develop- ment until one hundred percent (100%) of the dwelling units have been rented, leased or sold once; and thereafter, only if sev- enty five percent (75%) or less of the total number of dwelling units in the development are rented, leased or sold. A six (6) square foot sign is permitted at all times regardless of vacancy status, number of units, or lot size, un- less a thirty two (32) square foot sign is being utilized. (c) Allowed Use: For real es- tate that is for sale, rent or lease. (d) Allowable Sign Type: A nonilluminated freestanding sign indicating that the property, 4-65 (Revised 41(A) 4-4-1 OOJ which the sign is located on is for (e) Maximum Size: Fifty (50) sale, rent or lease. square feet. (e) Maximum Size: (f) Sign Location: Only per- must be located on the premises missible when mounted to a 1. For fats thirty five thousand building that is for sale, rent, or (35,000) square feet or less in lease. area: six (6) square feet in area after the sale is completed. per face; or (g) Maximum Number: One vided, that they do not obstruct per street frontage. (Ord. 3719, 2. For lots greater than thirty 4-11-1983; Amd. Ord. 4422, five thousand (35,000) square 10-25-1993; Ord_ 5062, feet in area: thirty two (32) 1-26-2004) square feet in area per face. minated freestanding sign or an A - However, a six (6) square foot 3. Garage Sale Signs: sign cannot be used concurrently with a thirty two (32) square foot a. Permit Requirements: No per - sign. mit required. (f) Sign Location: These signs b. Maximum Display Period: must be located on the premises Maximum of twenty four (24) hours that is for sale, rent or lease. prior to the start of the sale and a These signs may be placed no maximum of twenty four (24) hours closer than four feet (4') to the after the sale is completed. edge of a public roadway; pro- vided, that they do not obstruct c. Allowed Uses: For directing po- the -vision -or -pathway -of vehicu- -- tent ia#-custom e rs-to-the-gara ge sale lar or pedestrian traffic. site. (g) Maximum Number: One d. Allowable Sign Type: A nonillu- sign per street frontage, minated freestanding sign or an A - frame sign_ (h) Maximum Height: Shall not exceed ten feet (1 g') from fin- e. Maximum Size: Thirty two ished grade. inches wide by thirty six inches tail (32" x 36"). ii. Commercial Real Estate Ban- ner Signs: f. Sign Location: Signs may be placed no closer than four feet (4') to (a) Permit Requirements: the edge of a public roadway; pro - Permit required. vided, that they do not obstruct the vi- sion or pathway of vehicular or (b) Maximum Display Period: pedestrian traffic. The signs shall not Maximum of twelve (12) months. be attached to utility poles, traffic controlling devices or any other pub - (c) Allowed Use: For sale, lic structure. rent, or lease of commercial property_ Real estate banners g. Maximum Height: Shall not ex - shall not be utilized by residential ceed ten feet (10') from finished development. grade. (Ord. 3719, 4-11-1983; Ord. 5062, 1-26-2004) (d) Allowable Sign Type: A sign of any shape made of light- 4. Political Signs: weight fabric or similar material_ The sign must indicate "For Sale, a. Permitted Location: In addition to Rent, or Lease_" tieing permitted on the public right -of - +;Revised 4104) 4-66 way, political signs may be displayed on private property with the consent of the property owner or the lawful occupant thereof and on public right-of-way as long as such display does not interfere with pedestrian or pubiic safety_ b. Maximum Size: Political signs shall not be greater than thirty two (32) square feet if single faced or sixty four (64) square feet if multi -faced. c. Removal Required: Each political sign shall be removed within ten (10) days following an election, by the candi- dates or candidate's representative ex- cept that the successful candidates of a primary election may keep their signs on display until ten (10) days after the gen- eral election, at which time they shall be 4-4-100J the public sidewalk abutting the business site and/or within the landscaping area on or abuffing the business site, however, A - frame signs cannot be placed in the landscape strip between the curb and outer edge of the public sidewalk_ Additionally, for busi- nesses located within shopping centers, an additional A -frame sign may be placed against the building and business to which the sign relates. H. Pedestrian Clearance: A mini- mum of four feet (4') of unobstructed sidewalk area between the outer edge of the sign and the street curb is required= promptly removed. After ten (10) days iii. Clear Vision Area: No sign the City may pick up and dispose of re- shall be located as to pose a danger maining signs. (Ord. 3719, 4-11-1983; and violatethe clearvision areaspec- Amd. Ord. 4422, 10-26-1983; Ord. 484 ified in subsection C6 of this Section, 6-26-2000) Prohibited Signs_ Where a traffic vi- sion hazard is created, the City may 5. A -Frame Signs: A -frame signs comply- require a modifica-Taon o t sf—e fTeggl t or ing with all the following standards may be location of a sign to the degree nec- permitted: essary to eliminate the hazard. a. Number: i. Within City Center Sign Regu- lation Area: Only one of these signs is permitted per business per street frontage. ii. Elsewhere in the City: One of these signs is permitted per business per street frontage and, in addition, an additional sign is permitted to be located abutting the business and building to which the sign relates. b. Location Requirements: i. Permitted Location: (1) Within City Center Sign Regulation Area: A -frame signs must be placed against the build- ing and business to which the sign relates. (2) Elsewhere in the City: A - frame signs may be located on c. Size: Signs shall be no larger than thirty two inches (32") wide and thirty six inches (36") tall. d. Construction Specifications and Materials: The sign must be profession- ally manufactured of durable material(s). No lighting or attachments, such as bal- loons are permitted. e. Maintenance and Appearance: Signs must be maintained in accordance with the provisions of subsection D3 of this section, Sign Maintenance Required, and subsection D4 of this Section, Ap- pearance of Signs. f. Alteration of Landscaping Prohib- ited: No landscaping may be damaged or modified to accommodate an A -frame sign_ The City may require replacement of any damaged landscaping pursuant to RMC 4-4-0701, Damaged Landscaping. 4-66-1 (Revised 4104) 4-4-100J g. Removal upon Close of Business Required: A -frame signs shall not be dis- played during nonbusiness hours. h. Display of Permit and Code Re- quirements: Any business displaying an A -frame sign shall have a copy of the sign permit for the sign posted along with its City business license. Additionally the business shall post the City's regulations governing A -frame signs so that employ- ees are made aware of the standards_ i. Display of Permit Number: All A - frame signs shall have the sign permit number a minimum of one half inch in height placed on the exterior sign face in the upper left-hand corner by the permit- tee. j. Proof of Insurance and Hold Harm- less Agreement for Signs on Public Right -of -Way: In order to obtain a sign permit, applicants must provide the De- velopment Services Division with proof of general commercial liability insurance (certificate-of-Iiabilityinsurar c;e-)- -eetin-g-- the requirements of subsection L4 of this Section. The sign permit application must also include a signed hold harmless agreement that specifies that the owner of the sign will defend, indemnify, and hold the City harmless for any loss, inju- ries, damage, claims or lawsuit, including attorney's fees that arise from the sign_ k. Confiscation of Signs: Signs that do not comply with the provisions of this section may be confiscated by the City pursuant to subsection T of this Section, Compliance and Confiscation of Signs. (Ord. 4832, 3-6-2000) 1. Permit Required: The period of va- lidity for an A -frame sign permit is twelve (12) months_ (Ord. 4908, 6-11-2001) 6. Event Signs: a. Applicability: Commercial, indus- trial, residential, public, and quasi -public uses and mixed-use developments (com- mercial combined with multi -family resi- dential) may display event signage in compliance with the following regula- tions_ These regulations apply to use of (revised 4104) 4 - E362 signs for grand opening events or for pe- riodic special events. This subsection does not apply to those signs and dis- plays exempt per RMC 4-4-100136, Ex- emptions from Permit Requirements. (Ord. 5062, 1-26-2004) b. Types of Event Signage Allowed: Any combination of the following types of signage are permitted: balloons, pole/ wail strung and wall -hung banners not exceeding one hundred (100) square feet each in size, pole -hung banners not ex- ceeding twenty (20) square feet each in size, flags, inflatable statuary, pennants/ streamers, searchlights, wind animated objects, and other similar advertising de- vices approved by the Development Ser- vices Division. Rigid portable signs are also allowed provided the sign is a maxi- mum of thirty two (32) square feet in area on one face per sign not exceeding six feet (6') in height. Rigid portable signs are limited to one per street frontage out- side the Auto Mall. c --Permit Required-Evenf signs may be displayed on private property only by ,,event sign permit." d. Time Limitations and Applicability — Grand Openings and Event Signage: L Grand Opening Event Signage: A grand opening temporary event sign permit may be issued for a pe- riod of up to thirty (30) days only for a new business opening or to an exist- ing business relocating to an entirely new location. One permit may autho- rize display of all of the above display items_ ii. Event Signage — General: Up to four (4) special event permits may be issued to each business or orga- nization per calendar year. Each per- mit may be valid for thirty (30) days. One permit may authorize display of all signage types identified in sub- section J6b of this Section, Types of Event Signage Allowed_ A fifteen (15) day separation period is required be- tween the end of one event permit period and the start of another permit period. iii. Event Signage for Vehicle and Vessel Sales in the Auto Mall Over- lay Districts: In addition to the event signage allowed per subsection J6d(ii) of this Section, each dealer- ship shall be issued two (2) additional event permits per the requirements of subsection J6d(ii) of this Section. e. Placement Limitations for Event Signs: i. Roof: No sign or advertising de- vice, allowed per this subsection J6 shall be placed on top of a roof or ex- tend vertically above the fascia of the building. ii. Perimeter Street Landscaping: Event signage shall not be located within required perimeter street land- scaping. (Ord. 2877, 9-9-1974; Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) 7. (Deleted by Ord_ 4848, 6-26-2000) (Ord 371-9-4=11=1'J83; A7rrd= Ord_ 4422, 10-25-1993; Ord. 4832, 3-6-2000) K. DESIGN AND CONSTRUCTION REQUIREMENTS FOR PERMANENT SIGNS — GENERAL: 1. General Design: Signs and sign struc- tures shall be designed and constructed to re- sist wind and seismic forces as specified in this Section. All bracing systems shall be de- signed and constructed to transfer lateral forces to the foundations. For signs on build- ings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof. The overturning moment produced from lat- eral forces shall in no case exceed two-thirds (2/3) of the dead -load resisting moment. Up- lift due to overturning shall be adequately re- sisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead -load re- sisting moment_ Such earth shall be thor- oughly compacted. 4-4-100K 2. Wind Loads: Signs and sign structures shall be designed to resist wind forces as specified in the adopted edition of the Uni- form Building Code. 3. Seismic Loads: Signs and sign struc- tures shall be designed and constructed to re- sist seismic forces as specified in the adopted edition of the Uniform Building Code. 4. Combined Loads: Wind and seismic loads need not be combined in design of signs or sign structures; only that loading pro- ducing the larger stresses may be used. Ver- tical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. S. Allowable Stresses: The design of wood, concrete or steel members shall con- form to the requirements of the adopted edi- tion of the Uniform Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the adopted edition of the Uniform Building Code_ The working stresses ----of-wire- W4--and-its-fastenings afrali-not-e-x ceed twenty five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead -loads may be increased as speci- fied in the adopted edition of the Uniform Building Code. 6. Location and General Standards for Structural Supports: The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conform- ance with the requirements of this Code_ 7. Materials: Materials of construction for signs and sign structures shall be of the qual- ity and grade as specified for buildings in the adopted edition of the Uniform Building Code. In all signs and sign structures the materials and details of construction shall, in the ab- sence of specified requirements, conform with the following: a. Structural steel shall be of such quality as to conform with UBC Standard No. 22-1. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are 4-66-3 (Revised 4/04) 4-4-1 OOK designed in accordance with the specifications of the design of light gauge steel as specified in UBC chapter 22 and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than No_ 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot -rolled steel members furnishing structural support for signs shall be one-fourth inch (114"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform with UBC Standard No. 22-1. Steel members maybe connected with one galvanized bolt, provided the connection is adequate to transfer the stresses in the members. (Ord. 3719, 4-11-1983) b. Anchors and supports when of wood and embedded in the soil, or within - six -inches (6")-of-the-soii ,shall-b"f all heartwood of a durable species or shall be pressure -treated with an approved preservative. Such members shall be marked or branded by an approved agency. (Ord_ 2504, 9-23-1969) 8- Restrictions on Combustible Materi- als: Freestanding and wall signs may be con- structed of any material meeting the requirements of this Code. Combination signs, roof signs and signs on marquees shall be constructed of incombustible materials, except as provided in subsection K9 of this Section_ Projecting signs and under awning, under canopy, or under marquee signs may be constructed of any material meeting the requirements of this Code, including fire re- sistive treated wood. No combustible materi- als other than approved plastics shall be used (Revised 4/04) 4-66.4 in the construction of electric signs_ (Ord 3719, 4-11-1983) 9_ Nonstructural Trim: Nonstructural trim may be of wood, metal, approved plastics or any combination thereof. (Amd. Ord_ 4832, 3-6-2000) 10. Anchorage: Members supporting un - braced signs shall be so proportioned that the bearing loads imposed on the soil in either d; - rection, horizontal or vertical, shall not ex- ceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. An- chors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force twenty five percent (25%) greater than the re- quired resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost lone. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and—an- chorage to support safely the loads applied. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, ex- cept in the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wail, unless such wall is designed. -in accordance with the requirements for parapet wafts specified in the adopted edition of the Uniform Building Code. (Ord. 2504, 9-23-1969) 11. Size of and Materials for Display Sur- faces: Display surfaces in all types of signs may be made of metal, glass or approved plastics, or other approved noncombustible material, or wood for wood signs. Sections of approved plastics on wall signs shall not exceed two hundred twenty five (225) square feet in area. Exception: Sections of approved plastics on signs other than wall signs may be of unlim- ited area if approved by the Building Official_ 4-4-100K Sections of approved plastics on wall signs shall be separated three feet (3') laterally and six feet (6+) vertically by the required exterior wall construction_ Exception. Sections of approved plastics on signs other than wall signs may not be re- quired to be separated if approved by the Building Official_ 12. Glass Panel Size, Thickness and Type: Glass thickness and area limitations shall be as set forth below: (Ord. 3719, 4-11-1983) MAXIMLiM SIZE OF EXPOSED GLASS PANEL Any;: Area MFirriurrr Qnension (Square Th�oknes of Type _(iricjos) Inches Glalss �Irtches�1ass. 30 500 118 Plain, Plate or Wired 45 700 3116 Plain, Plate or Wired 144 3600 114 Plain, Plate 144+ 3600+ 114 Wired Glass 13. Approved Plastics: The Building Offi- cial shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is deter- mined that the evidence submitted is satis- factory for the use intended, he may approve its use. (Ord. 2504, 9-23-1969) 14. Welding: All welding on signs or sign structures shall be done by certified welders holding a valid certification from King County or other governmental jurisdiction acceptable to the Building Official. 15. Electrical Requirements: All signs containing electrical wiring shall be subject to the governing electrical code and shall bear the label of an approved testing agency. (Ord. 3719, 4-11-1983) 16. Clearance: Aft types of signs shall con- form to the clearance and projection require- ments of this Section. 17. Clearance from High Voltage Power Lines: Signs shall be located not less than ten feet (10') horizontally or twelve feet (12') 4-67 (Revised 5/00) 4-4-10OL vertically from overhead electrical conductors which are energized in excess of seven hun- dred fifty (750) volts. The term "overhead conductors" as used in this Section means any electrical conductor, either bare or insu- lated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 18. Clearance from Fire Escapes, Exits or Standpipes: No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire es- cape, exit or standpipe. 19. Obstruction of Openings Prohibited: No sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by the applicable City building codes. Signs erected within five feet (5r) of an exterior wall in which there are openings within the area of the sign shall be constructed of incombustible material or ap- proved plastics - b. Ground signs which are six feet (6") or less in height may be installed within the front yard setback in the landscape strip; provided, that the area described in subsection C6 of this Section is kept clear. (Ord. 47201, 5-4-1998) l 5 max Carcn.e�d �F war ---5c'tbaa arca...ryn ,�- _-5[r.^.tt RQW- 2©. Standards-for—Supports:-The-support ing members of a sign shall be free of any un- 2 Allowed Projections into Right -of - necessary bracing, angle iron, guy wires, way: Signs and supporting signs structures cables and similar devices. (Ord. 2504, may project within the public right-of-way as 9-23-1969) follows: L. LOCATION, PERMIT, AND INSURANCE REQUIREMENTS FOR SIGNS PROJECTING INTO SETBACKS OR RIGHT-OF-WAY: (Amd. Ord. 4832, 3-6-2000) 1. Maximum Sign Projection into Set- back: a. Signs may project within a legal set- back a maximum of six feet (£'). (Ord. 3719, 4-11-1983; Amd. Ord. 4720, 5-4-1998) s ba&k a (Revised 5100) 4-68 a. Wall Signs: The thickness of that portion of a wall sign which projects over public right-of-way shall not exceed twelve inches (12"). (Ord. 3719, 4-11-1983; Ord. 4720, 5-4-1998) b. Marquees: Marquees and the at- tached or associated signs may extend over the right-of-way according to the terms of the adopted Uniform Building Code. c. Additional Allowances within City Center Sign Regulation Boundaries: In the City Center sign regulation bound- aries defined in subsection H2 of this Section, the following signs may project into the public right-of-way: i. Wall Signs: The thickness of that projects over which n i portion of a wall sign g P j over public right -of --way shall not ex- ceed twelve inches (12`x). ii. Projecting Signs: A projecting sign may extend over the public right- of-way no more than four feet (4r) from the wall it is mounted on. No sign shall extend into the public right- of-way to within less than two feet (2') of the curbline. iii. Awnings, Building Canopies and Marquees: Awnings, building canopies, and marquees and the at- tached or associated signs may ex- tend over the right-of-way according to the terms of the adopted Uniform Building Code_ (Ord. 4720, 5-4-1998) 3. Identification of Sign fnstafler: All pro- jecting signs and signs which project into public right-of-way shall have painted thereon the name of the sign erector and the date of the erection_ (Ord. 3719, 4-11-1983; Amd, Ord_ 4720, 5-4-1998) 4.. Liability Insurance Required for Signs Located on or over Public Property: (Amd. Ord. 4832, 3-6-2000) a Excluding wail signs projecting twelve inches (12") or less over a public right-of-way, the owner of any sign lo- cated on or over a public right-of-way shall at the time of sign permit applica- tion, file with the Building Official a certif- icate of liability insurance issued by an insurance company authorized to do business in the State of Washington. The City shall be named as an additional in- sured, and notified of lapses or changes to the insurance policy in advance of such change. The insurance shall be in the amount of one million dollars ($1,000,000.00) per occurrence. (Amd. Ord. 4832, 3-6-2000) b. An annual sign permit shall be re- quired for any signs projecting over the right-of-way, excluding wall signs project- ing twelve inches (12") or less_ Annual fees shall be consistent with RMC 4-1-140M. The annual permit shall be is- sued upon a determination that liability insurance remains in effect, and that the sign and supporting structure are secure. (Ord. 4720, 5-4-1998) 4 - 68.1 4-4-100N 5_ Annual Right -of -Way Use Permit Re- quired for Signs Projecting on or over Public Right -of -Way: An annual right-of- way use permit shall be required for any signs projecting over the right-of-way, excluding wall signs projecting twelve inches (12") or less_ Annual fees shall be consistent with RMC 4-1-180E The annual permit shall be issued upon a. determination that liability in- surance remains in effect, and that the sign and supporting structure are secure. (Ord_ 4832, 3-6-2000) M. DESIGN REQUIREMENTS FOR PROJECTING SIGNS: 1. Standards. Projecting signs shall be de- signed in accordance with the requirements specified in subsection L of this Section. (Ord. 3719, 4-11-1983) N. DESIGN REQUIREMENTS FOR AWNING, CANOPY, OR MARQUEE SIGNS: —1—Applicability-of-this-Section. All -signs erected on, above or below a marquee shall comply with the requirements of this Section_ 2_ Acceptable Location and Uniform Building Code Requirements: a. Signs may be placed on, attached to or constructed in a marquee. Such signs, over public or private property, shall, for the purpose of determining projection, clearance, height and material, be con- sidered a part of and shall meet the re- quirements for a marquee as specified in the adopted edition of the Uniform Build- ing Code (UBC). (Ord. 4172, 9-12-1988) b. Signs may be painted, printed, or af- fixed upon awnings or canopies. Awnings or canopies shall meet the applicable provisions of the adopted Uniform Build- ing uildIng Code. 3. Under Marquee/Under Awning/Under Canopy Sign Limitations: a. Number. Under awning, canopy, or marquee signs shall be limited to one such sign per entrance for each business (Revised 5/00) 4-4-1 OON establishment_ (Ord. 3719, 4-11-1983, Amd. Ord. 4720, 5-1-1998) b. Location and Size — Outside City Center: Where a legally constructed aw- ning, canopy, or marquee exists which in itself complies with the provisions of the Renton Building Code, an "under mar- quee" sign, no larger than twelve inches (12") high by seventy two inches (72") long by twelve inches (12") thick, may be suspended below the awning, canopy, or marquee, provided the bottom of the sign is at least eight feet (8f) above the sur - (Revised 5100) 4-68-2 face of the public or private sidewalk ar walkway and the sign does not extend beyond the awning, canopy, or marquee c. Location and Size — Within City Center: In the City Center sign regulation boundaries defined in subsection H2 of this Section, under marquee signs may not exceed a maximum square footage of six (6) square feet, with a maximum sign thickness of twelve inches (12"). The bot- tom of the sign shall be at least eight feet (81) above the surface of the public or pri- vate sidewalk or walkway, and the sign shall not extend beyond the awning, can- opy, or marquee. (Ord. 4720, 5-4-1998) O. DESIGN REQUIREMENTS FOR ELECTRIC SIGNS: I. Materials and Design Standards: Elec- tric signs shall be constructed of incombusti- ble materials, except as specified in subsection K of this Section. The enclosed shell of electric signs shall be watertight, ex- ce tip ng that service holes fitted with covers shall be provided into each compartment of such signs. 2. Installation: Electrical equipment used in connection with display signs shall be in- slalled in accordance with local regulations regulating electrical installation. 3. Erector's Name: Every electric sign pro- jecting over any street or alley or public place shall have the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be read- able from a reasonable distance. Failure to provide such name and date shall be grounds for rejection of the sign by the Building Offi- cial. (Ord. 2504, 9-23-1969) 4. Label Required: All electric signs shall bear the label of an approved testing agency_ P. INSPECTIONS: Footing inspections shall be made by the Building Official for all signs having footings. Q_ ALTERNATE PROVISIONS FOR MATERIAL, CONSTRUCTION AND DESIGN: See RMC 4-9-250E. 4-69 4-4-100 U R. APPEALS OF ADMINISTRATIVE DECISIONS: Appeals from administrative decisians in the in- terpretation of the provisions of this Code shall be heard by the Hearing Examiner pursuant to RMC 4-8-110. S_ VARIANCES: Applications for variances from the provisions of this Chapter shall be heard by the Planning/Build- ing/Public Works Administrator or his/her desig- nee as provided in HMC 4-1-050D and consistent with the provisions of RMC 4-9-250B_ (Ord. 3719, 4-11-1983; Amd. Ord. 5157, 9-26-2005) T. COMPLIANCE AND CONFISCATION OF SIGNS: (Alred. Ord. 4856, 8-21-2000) 1. Compliance Required: It shall be un- lawful for any person to erect, construct, en- large, alter, repair, move, improve, convert, equip, use or maintain any sign or structure in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. (Amd. Ord. 4856, 2. Removal and Storage of Illegal Signs Authorized: Unauthorized signs or other ad- vertising devices either wholly or partially supported on or projecting over the public right-of-way may be removed by the Building Official or his representative without notice to the owner. Such signs or devices shall be stored at the City garage for a period not to exceed thirty (30) days, during which time the owner may redeem such sign or device by payment to the City Treasurer an amount equal to the City cost for the removal and storage, but in no event shall the fee be less than twenty dollars ($20.00)_ After expiration of the thirty (30) day storage period, the sign not having been redeemed, it shall be de- stroyed or otherwise disposed of. (Ord. 3719, 4-11-1983, Amd. Ord_ 4422, 10-25-1993; Ord. 4856, 8-21-2000) 3. Confiscated Signs: All confiscated signs shall become the property of the City. (Ord. 3719, 4-11-1983; Amd. Ord. 4856, 8-21-2000) U. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified; violations of this Chapter are misdemeanors subject to RMC (Revised 12105) 4-4-110A 1-3-1, (Ord. 5062, 1-26-2044; Ord. 5159, 10-17-2005) 4-4-110 STORAGE FACILITIES, BULK: A. INTENT: The intent of the regulation of bulk storage facili- ties is to allow such facilities in a location and manner so they are compatible with adjacent properties and beneficial to the City and in accor- dance with the State Environmental Policy Act- It is further the intent to insure that the safety, health, welfare, aesthetics and morals of the com- munity are maintained at a high level. B. SPECIAL REVIEW AND HIGHER STANDARDS REQUIRED. Due to the unique characteristics and problems inherent in making bulk storage facilities compat- ible with surrounding properties and environment, the City Council finds that special review of bulk storage facilities is required to insure the intent of these regulations; and the City Council expressly finds that in the Green River Valley, City of Renton and surrounding areas, there has been a loss in air quality and that a potential exists for a continu- ing deterioration in this air quality due in part to the unique meteorological and topographic char- acteristics such as the channeling and holding of air masses by inversions and the surrounding hifls. This degradation in air quality adversely af- fects the livability and desirability of the City and is injurious to the health and well-being of its citi- zens. Those uses classified as a recognized higher risk have higher standards applied to them including, but not limited to, landscaping, traffic and access and hazardous materials. These reg- ulations are to supplement and be in addition to existing code provisions. (Ord. 2962, 9-8-1975, Amd- Ord. 2967, 9-22-1975) C. SPECIAL PERMIT AND ADMINISTRATION: 1. Special Permit Required for Bulk Stor- age Facilities: Bulk storage facilities may be allowed only by special permit as specified in RMC 4-9-220. The fee for the special permit for bulk storage facilities is specified in the fee schedule set out in RMC 4-1-170. (Ord. 3653, 8-23-1982) (Revised ]2105) 4 - 7D 2. Applicability: The Building Department shall be responsible for determining whether an application is a bulk storage facility as de- fined herein. (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975) 3. Authority and Responsibility: The Hearing Examiner is designated as the offi- cial agency of the City for the conduct of pub- lic hearings, and the Building Department is responsible for the general administration and coordination. The Building Department shall establish administrative procedures, which shall include, but are not limited to: Preparation of application forms, determining completeness and acceptance of application, and establishment of interdepartmental re- view routing procedures- (Ord. 2962, 9-8-1975, Amd. Ord. 2967, 9-22-1975, Amd. Ord. 3101, 1-17-1977, eff. 1-1-1977; Ord. 3592, 12-14-1981) 4. Provision of Information: The respon- sibility of producing information and data to establish that the proposed bulk storage facil- ity complies with the standards set forth in this -Section sh-all-be onrthe applicant-(Qrd. — 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975) 5. Evaluation Criteria: The Hearing Exam- iner shall review the impact of the proposed use to determine whether it is compatible with the proposed site and generai area. The Hearing Examiner may require any applica- ble bulk standard to be up to fifty percent (50%) more strict than specified to alleviate a potential problem, providing it shall be shown: (Ord. 2962, 9-8-1975; Amd. Ord. 2967, 9-22-1975; Amd- Ord. 3101, 1-17-1977, eff. 1-1-1977) a- That because of special circum- stances applicable to subject property, in- cluding size, topography, location or surroundings and special characteristics applicable to subject facilities including height, surface drainage, toxic sub- stances, traffic and access, sound, liquid waste, light and glare, odorants, flamma- ble and explosive materials and gaseous wastes, the strict application of the zon- ing code and bulk storage regulations is found to deprive neighboring properties of rights and privileges enjoyed by other properties in the vicinity and under identi- cal zone classification. 4-4-095A 4-4-095 SCREENING AND STORAGE HEIGHTILOCATION LIMITATIONS: A. PURPOSE: The purpose of this Section is to provide screen- ing standards for mechanical equipment and out- door service and storage areas to reduce visibility, noise, and related impacts while allowing accessibility for providers and users. B. APPLICABILITY: The standards contained in this Section shall ap- ply to: 1. New or Replacement Equipment/Ac- tivity: All proposals for new or replacement surface mounted equipment, rooftop equip- ment, outdoor storage, loading, repair, main- tenance, work and/or retail areas. 2. Enlargement or Exterior Modifications of Existing Structures: Sites with existing surface mounted equipment, rooftop equip- ment, outdoor storage, loading, repair, main- tenance, work and/or retail areas, that are not screened in conformance with this Section shall be required to conform to the screening requirements of this Section if enlarged or al- tered when the cost of additions, expansions, or alterations exceeds fifty percent (50%) of the assessed.value of the existing structure or use shall result in the application of this Section; provided, that interior alterations or improvements which do not result in the exte- rior modification of an existing building, struc- ture, or use shall be exempt from these provisions. C. AUTHORITY: The Reviewing Official for a development permit that includes the uses and activities in subsection 132 of this Section and exceeds the thresholds in subsection B3 shall determine compliance with these standards concurrently with any develop- ment permit review. D. SURFACE MOUNTED EQUIPMENT: 1. General Screening: All on-site surface mounted utility equipment shall be screened from public view. Screening shall consist of equipment cabinets enclosing the utility equipment, solid fencing or a wall of a height at least as high as the equipment it screens, or a landscaped visual barrier allowing for (12evised 12/05) 4-40 reasonable access to equipment. Equipment cabinets, fencing, and walls shall be made of materials and/or colors compatible with build- ing materials_ a. Industrial Zone Exemption: Sur- face mounted equipment located in in- dustrial developments that are greater than one hundred feet (100`) from resi- dentially zoned property and/or public streets are exempted from requirements in subsection D1 of this Section, General Screening. E. ROOF -TOP EQUIPMENT: All operating equipment located on the roof of any building shall be enclosed so as to be screened from public view, excluding telecommunications equipment. Shielding shall consist of the follow- ing: 1. New Construction: Hoof wells, cleresto- ries, or parapets, walls, solid fencing, or other similar solid, nonreflective barriers or enclo- sures as determined by the Reviewing Offi- cial to meet the intent of this requirement. 2. Additions to Existing Buildings: Where the existing roof structure cannot safely support the required screening, or where the integrity of the existing roof will be compromised by the screening, the Review- ing Official may authorize painting of the equipment to match the approximate color of the background against which the equipment is viewed, or an equivalent nonstructural method to reduce visibility. F. OUTDOOR STORAGE, LOADING, REPAIR, MAINTENANCE AND WORK AREAS: 1, Outdoor Loading — Multi -Family Zones: Loading areas shall be screened by a solid barrier fence or landscaping, or some combination thereof as determined by the Reviewing Official, through the site plan re- view process or the modification process for site pian -exempt proposals. 2. Outdoor Loading, Repair, Mainte- nance and Work Areas — Commercial and Industrial Zones: Screening is not required, except when the subject commercial or in- dustrial lot abuts or is adjacent to a residen- 5. Maximum Distance from Building En- trance: Refuse and recyclables deposit ar- eas and collection points shall be located no more than two hundred feet (200') from a common entrance of a residential building, al- lowing for easy access by residents and haul- ing trucks. 6. Site Plan Location: If refuse or recycla- ble containers are located within a building, then the space which these facilities utilize as well as parking space for refuse/recyclable container -towing vehicles must be clearly shown on plans submitted to the City. Addi- tionally, an exterior space must be provided to accommodate the container(s) on refuse/re- cyclable pick-up days. (Ord. 4971, 6-10-2002) 7. Parking Space Obstruction Prohib- ited: Refuse and recyclable containers, and associated refuse/recyclable container -tow- ing vehicles may not obstruct a required park- ing space at anytime_ (Ord. 4971, 6-10-2002) 8. Storage in Required Parking Space Prohibited: Refuse and recyclable contain- ers, and associated refuse/recyclable con- tainer -towing vehicles may not be stored in the minimum required parking spaces for a development. (Ord. 4971, 6-10-2002) E. COMMERCIAL, INDUSTRIAL, AND OTHER NONRESIDENTIAL DEVELOPMENTS -- ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: The refuse and recyclables deposit areas and collection points for commercial, industrial and other nonresidential developments shall be ap- portioned, located and designed as follows: 1. Location: Refuse and recyclables de- posit areas and collection points may be allo- cated to a centralized area, or dispersed throughout the site, in easily accessible areas for both users and hauling trucks_ 2. Accessibility May Be Limited: Access to refuse and recyclables deposit areas and collection points may be limited, except dur- ing regular business hours and/or specific collection hours. 3. Office, Educational and Institutional Developments — Minimum Size: In office, 4-4-090G educational and institutional deve{opments, a minimum of two (2) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recycla- bles deposit areas and a minimum of four (4) square feet per one thousand (1,000) square feet of building gross floor area shall be pro- vided for refuse deposit areas. A total mini- mum area of one hundred (100) square feet shall be provided for recycling and refuse de- posit areas. 4. Manufacturing and Other Nonresiden- tial Developments — Minimum Size: In manufacturing and other nonresidential de- velopments, a minimum of three (3) square feet per every one thousand (1,000) square feet of building gross floor area shall be pro- vided for recyclables deposit areas and a minimum of six (6) square feet per one thou- sand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recy- cling and refuse deposit areas_ 5. Retail Developments — Minimum Size: In retail developments, a minimum of five (5) square feet per every one thousand (1,000) square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten (10) square feet per one thousand (1,000) square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of one hundred (100) square feet shall be provided for recycling and refuse deposit areas. F. MODIFICATIONS: Whenever there are practical difficulties involved in carrying out the provisions of this Section, mod- ifications may be granted for individual cases in accordance with the procedures and review crite- ria in RMC 4-9-250D. Cz APPEALS: Any decisions made in the administrative process described in this Section may be appealed to the Planning/Building/Public Works Administrator or his/her designee within fifteen (15) days and filed, in writing, with the Planning/Building/Public Works Department. The Administrator shall give substantial weight to any discretionary decision of the City rendered pursuant to this Section. (Ord. 4376, 11-16-1992, Ord. 4703, 2-2-1998; Amd. Ord. 4963, 5-13-2002; Ord. 5156, 9-26-2005) 4-39 (Revised 12105) 4-4-090D except by approval by the Reviewing Official through the site plan review process, or via the modification process if exempt from site plan review. 4. Obstruction Prohibited: Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on-site, or project into any pub- lic right-of-way. 5. Collocation Encouraged: When possi- ble, the recyclables deposit areas and collec- tion points shall be located adjacent to or near garbage collection areas to encourage their use. 6. Signage Required: Refuse or recycla- bles deposit areas shall be identified by signs not exceeding two (2) square feet. 7. Architectural Design of Deposit Areas to Be Consistent with Primary Structure: Architectural design of any structure enclos- ing an outdoor refuse or recyclables deposit area or any building primarily used to contain a refuse or recyclables deposit area shall be consistent with the design of the primary structure(s) on the site as determined by the Development Services Division Director. 8. Screening of Deposit Areas: Garbage dumpsters, refuse compactor areas, and re- cycling collection areas must be fenced or screened. A six foot (6') wall orfence shall en- close any outdoor refuse or recyclables de- posit area. In cases where Zoning Code fencing provisions conflict with the six foot (6') wall or fence requirement, the Zoning Code provisions shall rule. Refuse and recyclables deposit areas located in industrial develop- ments that are greater than one hundred feet (100') from residentially zoned property are exempted from this wall or fence requirement_ 9. Minimum Gate Opening and Minimum Vertical Clearance: Enclosures for outdoor refuse or recyclables deposit areas/collection points and separate buildings used primarily to contain a refuse or recyclables deposit area/collection point shall have gate open- ings at least twelve feet (12') wide for haulers. In addition, the gate opening for any separate building or other roofed structure used prima- rily as a refuse or recyclables deposit area/ (RevistA 1105) 4-38 collection point shall have a vertical clear- ance of at least fifteen feet (15'). 10- Weather Protection: Weather protec- tion of refuse and recyclables shall be en- sured by using weather -proofed containers or by providing a roof over the storage area. 11. Approval of Screening Detail Plan Required: A screening detail plan must be approved by the Development Services Divi- sion prior to the issuance of building or con- struction permits. D. MULTI -FAMILY DEVELOPMENTS — ADDITIONAL REQUIREMENTS FOR DEPOSIT AND COLLECTION AREAS: The refuse and recyclables deposit area and col- lection points for multi -family residences shall be apportioned, located and designed as follows: 1. Minimum Size: A minimum of one and one-half (1-112) square feet per dwelling unit in multi -family residences shall be provided for recyclables deposit areas, except where the development is participating in a City - sponsored program in which individual recy- cling bins are used for curbside collection. A minimum of three (3) square feet per dwelling unit shall be provided for refuse deposit ar- eas. A total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. 2. Minimum Number of Deposit Areas: There shall be a minimum of one refuse and recyclables deposit area/collection point for each project. There shall be at least one de- posit area/collection point for every thirty (30) dwelling units. 3. Dispersal of Deposit Areas: The re- quired refuse and recyclables deposit areas shall be dispersed throughout the site when a residential development comprises more than one building. 4. Location within Structures Possible: Refuse and recyclables deposit areas and collection points may be located in separate buildings/structures or outdoors_ Refuse and recyclables deposit areas may be located within residential buildings, providing that they are in compliance with the Uniform Fire Code, and that collection points are easily and safely accessible to hauling trucks. ments of the principal use which it is intended to serve. (Ord_ 4517, 5-8-1995) 2. Modification of Standards: See RMC 4-9-250D. L, DEFERRAL OF CONSTRUCTION: 1. Deferral of Installation of Required Im- provements: See RMC 4-9-060. The re- quirement of a bond for landscape installation may be waived upon approval of the Devel- opment Services Division, and upon written application by the applicant. (Ord. 3718, 3-28-1983) 2. Delay in Installation of Parking Spaces — Reserve Parking Areas: 4-4-090C quire that reserved space be devel- oped for parking, or that necessary parking be secured by some other means. iii. A delay in the installation of re- quired parking may be approved only for a specific use and automatically lapses upon the cessation of that use. (Ord. 3988, 4-28-1986) M. APPEALS: To Hearing Examiner pursuant to RMC 4-8-110- 4-4-090 REFUSE AND RECYCLABLES STANDARDS: A. APPLICABILITY: a. Decision Criteria: The Building Off i- All new developments for mufti -family residences, cial may approve a delay in the installa- commercial, industrial and other nonresidential tion of up to fifty percent (50%) of the uses shall provide on-site refuse and recyclables minimum number of parking spaces oth- deposit areas and collection points for collection erwise required to be installed, provided: of refuse and recyclables in compliance with this Section. €. The applicant provides data which substantiates the reduced need for parking, and ii. The applicant reserves on-site area so that the minimum number of parking spaces can be provided. Any reserved space must be clearly des- ignated on a site plan recorded with the City Clerk, and must be de- scribed on the certificate of occu- pancy for the Use. b. Standards for Parking Reserve Ar- eas: i. No space reserved for parking may be utilized to fulfill the minimum landscaping development of open space requirements of this Code. However, all reserved space must be landscaped or developed as open space. ii. The Building Official may review the parking situation at any time to evaluate the parking demand on the subject property. If the Building Offi- cial, after such review, reasonably determines that additional parking is needed, the Building Official shall re - B. EXEMPTION FOR SINGLE FAMILY AND TWO (2) ATTACHED RESIDENCES (DUPLEXES): Single family and two (2) attached residences (duplexes) shall be exempt from these require- ments for refuse and recyclables deposit areas. C. GENERAL REQUIREMENTS APPLICABLE TO ALL USES (EXCEPT SINGLE FAMILY AND TWO (2) ATTACHED DWELLING UNITS): 1. Dimensions: Dimensions of the refuse and recyclables deposit areas shall be of suf- ficient width and depth to enclose containers for refuse and recyclables, and to allow easy access_ 2. Location in Setback or Landscape Ar- eas Prohibited: Outdoor refuse and recycla- bles deposit areas and collection points shall not be located in any required setback or landscape areas. 3. Special Setbacks from Residential Properties: Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet (50') of a property zoned RC, R-1, R-4, R-87 R-102 R-14, or RM, 4-37 (Revised 1105) 4-4-080J teen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. (Ord. 5157, 9-26-2005) 7. Joint Use Driveways: a. Benefits of: Joint use driveways re- duce the number of curb cuts along indi- vidual streets and thereby improve safety and reduce congestion while providing for additional on -street parking opportuni- ties. Joint use driveways should be en- couraged when feasible and appropriate. (Ord. 4517, 5-8-1995) b. Where Permitted: Adjoining uses may utilize a joint use driveway where such joint use driveway reduces the total number of driveways entering the street network, subject to the approval of the Planning/Building/Public Works Depart- ment. Joint use driveways must be cre- ated upon the common property line of the properties served or through the granting of a permanent access ease- ment when said driveway does not exist upon a common property line. Joint use access to the driveway shall be assured by easement or other legal form accept- able to the City. (Ord. 3988, 4-28-1986 and Ord. 4517, 5-8-1995) J. LOADING SPACE STANDARDS: 1. Loading Space Required: For all build- ings hereafter erected, reconstructed or en- larged, adequate permanent off-street loading space shall be provided if the activity carried on in such building requires deliveries to it or shipments from it of people or mer- chandise. Loading space shall be in addition to required off-street parking spaces. 2. Plan Required: Loading space shall be shown on a plan and submitted for approval by the Development Services Division. 3. Projection into Streets or Alleys Pro- hibited: No portion of a vehicie taking part in loading or unloading activities shall project into a public street or alley. Ingress and egress points from public rights-of-way at (Revised 12105) 4-36 designated driveways shall be designed and located in such a manner as to preclude off- site or on -street maneuvering of vehicles. 4. Minimum Clear Area for Dock Nigh Loading Doors: Buildings which utilize dock - high loading doors shall provide a minimum one hundred feet (100) of clear maneuvering area in front of each door. Dock High Loading 1 ppp� r— Rhgled doom i cxr �cxx Par" E 5. Minimum Clear Area for Ground Level Loading Doors: Buildings which utilize ground level service or loading doors shall provide a minimum of forty five feet (45`) of clear maneuvering area in front of each door_ {Ord. 3988; 4-28-1986) Ground Level An Id Service or - Loading Loading Doors 45' 45' Par'A ng Parking K. MODIFICATIONS: 1. Special Provisions for Use of Paved Recreation Space for Parking: The Building Department may authorize the use of space designated and primarily used for recreation purposes for a portion of the required parking space provided the space conforms to the fol- lowing conditions: Such parking areas shall be subject to all locational and developmental provisions of this Section; such portions of the recreation area to be used for parking shall be paved with a durable, dustless sur- face of a permanent nature; and such parking space may be credited only to space require - b. All Other Uses: i. The location of ingress and egress driveways shall be subject to approval of the Planning/Building/ Public Works Department under curt, cut permit procedures. ii. Driveways shall not exceed forty percent (40%) of the street frontage. (Ord. 3988, 4-28-1986) iii_ Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection 17 of this Section, Joint Use Drive- ways). (Ord. 4517, 5-8-1995) iv. There shall be a minimum of eighteen feet (18') between driveway curb returns where there is more than one driveway on property under single ownership or control and used as one premises. 3. Driveway Width Maximums Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: i. Driveways shall not exceed forty percent (40%) of the street frontage ii. The width of any driveway shall not exceed fifty feet (50') exclusive of the radii of the returns or taper sec- tion, the measurement being made parallel to the centerline of the street roadway. iii. The Planning/Building/Public Works Administrator or his/her desig- nee may grant an exception upon proper application in writing and for good cause shown, which shall in- clude, but not be limited to, the ab- sence of any reasonable alternative. (Ord. 5156, 9-26-2005) b. Single Family and Duplex Uses: The width of any driveway shall not ex- ceed twenty feet (20') exclusive of the ra- dii of the returns or taper section, the measurement being made parallel to the centerline of the street roadway_ 4-4-0801 c. All Other Uses: The width of any driveway shall not exceed thirty feet (30') exclusive of the radii of the returns or the taper section, the measurement being made parallel to the centerline of the street roadway_ 4. Maximum Dumber of Driveways Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: There shall not be more than two (2) driveways for each three hundred thirty feet (330') of street frontage on property under unified own- ership or control. b. All Other Uses: There shall not be more than two (2) driveways for each three hundred thirty feet (330') of street frontage for a single ownership, except where a single ownership is developed into more than one unit of operation, each sufficient in itself to meet the re- quirements of this Section. In such case there shall not be more than two (2) drive- ways for each unit of operation_ (Ord. 3988, 4-28-1986) 5. Driveway Angle— Minimum: The angle between any driveway and the street road- way or curb line shall not be less than forty five degrees (45°). 6. Driveway Grades — Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%); pro- vided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residenco or crossing any public sidewalk. To exceed fifteen per- cent (15%), a variance from the Planning/ Building/Public Works Administrator or his/her designee is required. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%)_ The Planning/Building/Public Works Administrator or his/her designee may allow a driveway to exceed eight percent (8%) slope but not more than fif- 4 - 35 (Revised 12105) 4-4-080H 5. Drainage: Drainage shall meet City re- quirements, including the location of the drains and the disposal of water. H. LANDSCAPE MAINTENANCE REQUIREMENTS: 1. Maintenance Required: Landscaping shall be kept neat, orderly and of attractive appearance at all times. Such landscaping shall be maintained by the owner and/or oc- cupant. 2. Periodic Inspection: Landscaped areas will be subject to periodic inspection by the Development Services Division to ensure maintenance. Said Division shall advise en- forcing authority of noncompliance with Sec- tion requirements. 3. Maintenance Bonds and Charges Au- thorized: In the event that such landscaping is not maintained in a reasonable, neat, and clean manner, the City shall have the right to demand a proper performance or similar bond from the owner or occupant of the pre- mises to assure proper and continuous main- tenance, or alternately, the City reserves the right to cause such maintenance to be done and to charge the full cost thereof unto the owner. (Ord. 3988, 4-28-1986) 1. DRIVEWAY DESIGN STANDARDS: 1. Driveway Location — Hazard Prohib- ited: No driveway shall be constructed in such a manner as to be a hazard to any exist- ing street lighting standard, utility pole, traffic regulating device, fire hydrant, adjacent street traffic, or similar devices or conditions. The cost of relocating any such street struc- ture when necessary to do so shall be borne by the abutting property owner. Said reloca- tion of any street structure shall be performed only through the department and person holding authority for the particular structure involved. (Ord. 4517, 5-8-1995) (Revised 8/08) 4-34.2 2. Driveway Spacing Based Upon Land Use: a. Industrial, Warehouse and Shop- ping Center Uses: S4ngle £amdy IU Oapla Farrwy Sirrgie Famdy Residential ReWerbal Resdeniial r t' 4c% s - DZ. ihp+vay '-��+rr zoo . .. OCRAMERC IAL INDIr&TR W♦_. w4RE+tousE & SHOPPING CENTER i. The location of ingress and egress driveways shall be subject to approval of the Planning/Building/ Public Works Department under curb cut permit procedures. ii. There shall be a minimum of forty feet (40') between driveway curb re- turns where there is more than one driveway on property under unified ownership or control and used as one premises. iii. Driveways shall not be closer than five feet (5) to any property line (except as allowed under subsection 17 of this Section, Joint Use Drive- ways), 4-4-0 BOG USE_� NUMBER OF REQUIRED SPACES PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions: 1 for every 5 seats in the main auditorium; however, in no case shall there be less than 10 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1 addi- tional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see "outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs." Medical institutions: 1 for every 3 beds, plus 1 per staff doctor, plus 1 for every 3 employees. Cultural facilities: 4 per 100 square feet. Public post office: 0.3 for every 100 square feet. Secure community transition facili- 1 per 3 beds, plus 1 per staff member, plus 1 per employee. ties: Schools: Elementary and junior high: 1 per employee. In addition, if buses for the transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: public, 1 per employee plus 1 space for every 10 students enrDlled. In parochial and private: addition, if buses for the private transportation of children are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, arts 1 per employee plus 1 for every 3 students residing on cam - and crafts schools/studios, and pus, plus 1 space for every 5 day students not residing on trade or vocational schools: campus. In addition, if buses for transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. (Amd_ Ord_ 5030, 11-24-2003; Ord. 5087, 6-28-2004; Ord. 5286, 5-14-2007; Ord. 5355, 2-25-2008; Ord. 5357, 2-25-2008; Ord. 5369, 414-2008; Ord. 5387, 6-9-2008) Cx PARKING LOT CONSTRUCTION REQUIREMENTS: 1. Surfacing Requirements for Parking Areas: All off-street parking areas shall be paved with asphaltic concrete, cement or equivalent material of a permanent nature as approved by the Public Works Department. 2. Surfacing Requirements for Storage Lots: Storage lots may be surfaced with crushed rock or similar material approved by the Public Works Department. 3. Marking Requirements: All parking ar- eas other than those for single family residen- tial and duplex dwellings shall have stalls marked and access lanes clearly defined, in- cluding directional arrows to guide internal circulation. a. All entrances and exits shall be des- ignated as such by markings on the park- ing lot pavement in addition to any signs which may be used as entrance and exit guides. b. All markings are to be of commercial traffic paint or equal material and are to be maintained in a legible condition. c. All accessible (Americans with Dis- abilities Act, ADA), compact and guest parking spaces shall be marked. 4. Wheel Stops Required: Wheel stops shall be required on the periphery of the park- ing lot so the cars shall not protrude into the public right-of-way of the parking lot, or strike buildings. Wheel stops shall be two feet (2') from the end of the stall for head -in parking. 4-34,1 (Revised 8106) 4-4-08OF USE NUMBER OF REQUIRED SPACES Uncovered commercial area, out- 0.05 per 100 square feet of retail sales area in addition to any door nurseries: parking requirements for buildings. Recreational and entertainment uses: Outdoor and indoor sports are- 1 for every 4 fixed seats or 1 per 100 square feet of floor area nas, auditoriums, stadiums, of main auditorium or of principal place of assembly not con - movie theaters, and entertain- taining fixed seats, whichever is greater. ment clubs: Bowling alleys: 5 per alley. Dance halls, dance clubs, and 1 per 40 square feet of net floor area_ skating rinks: Golf driving ranges: 1 per driving station. Marinas: 2 per 3 slips. For private marina associated with a residential complex, then 1 per 3 slips. Also 1 loading area per 25 slips_ Miniature golf courses: 1 per hole. Other recreational: 1 per occupant based upon 50% of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. Travel trailers: 1 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE: Convalescent center, drive- These uses follow the standards applied outside the Center through retail, drive-through ser- Downtown Zone. vice, hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses: All commercial uses allowed in the A maximum of 1 space per 1,000 square feet of net floor area, CD Zone except for the uses listed with no minimum requirement. above: SHOPPING CENTERS: Shopping centers (includes any A minimum of 0.4 per 100 square feet of net floor area and a type of business occupying a maximum of 0.5 per 100 square feet of net floor area. In the shopping center): UC -N1 and UC -N2 Zones, a maximum of 0.4 per 100 square feet of net floor area is, permitted unless structured parking is provided, in which case 0.5 per 100 square feet of net floor area is permitted. Drive-through retail or drive-through service uses must comply with the stacking space provisions listed above. INDUSTRIAUSTORAGE ACTIVITIES: Airplane hangars, tie -down areas: Parking is not required. Hangar space or tie -down areas are to be utilized for necessary parking. Parking for offices associ- ated with hangars is 1 per 200 square feet. Manufacturing and fabrication, lab- A minimum of 0.1 per 100 square feet of net floor area and a oratories, and assembly and/or maximum of 0.15 spaces per 100 square feet of net floor area packaging operations: (including warehouse space). Self service storage: 1 per 3,500 square feet of net floor area. Maximum of three moving van/truck spaces in addition to required parking for self service storage uses in the RM -F Zone. Outdoor storage area: 0.05 per 100 square feet of area. Warehouses and indoor storage 1 per 1,500 square feet of net floor area. buildings: (Revised 8108) 4-34 4-4-080F USE I NUMBER OF REQUIRED SPACES COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT SHOPPING CENTERS: Drive-through retail or drive- Stacking spaces: The drive-through facility shall be so through service: located that sufficient on-site vehicle stacking space is pro- vided for the handling of motor vehicles using such facility dur- ing peak business hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Development Services Director. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks: A minimum of 0.4 per 100 square feet of net floor area and a maximum of 0.5 per 100 square feet of net floor area except when part of a shopping center. Convalescent centers: 1 for every 2 employees plus 1 for every 3 beds. Day care centers, adult day care (1 1 for each employee and 2 loading spaces within 100 feet of and 11): the main entrance for every 25 clients of the program. Hotels and motels: i per guest room plus 2 for every 3 employees. Bed and breakfast houses: 1 per guest room. The parking space must not be located in any required setback. Mortuaries or funeral homes: 1 per 100 square feet of floor area of assembly rooms. Vehicle sales (large and small 1 per 5,000 square feet. The sales area is not a parking lot and vehicles) with outdoor retail sales does not have to comply with dimensional requirements, land - areas: scaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5 foot perimeter landscaping area is pro- vided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. Vehicle service and repair (large 0.25 per 100 square feet of net floor area. and small vehicles): Offices, medical and dental: 0.5 per 100 square feet of net floor area. Offices, general: A minimum of 3 per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking 1 per 100 square feet of net floor area. establishments and taverns: Eating and drinking establishment 1 per 75 square feet of net floor area. combination sit-down/drive- through restaurant: Retail sales and big -box retail A maximum of 0.4 per 100 square feet of net floor area, sales: except big -box retail sales, which is allowed a maximum of 0.5 per 100 square feet of net floor area if shared and/or struc- tured parking is provided. Services, on-site (except as speci- A maximum of 0.4 per 100 square feet of net floor area. fied below): Clothing or shoe repair shops, fur- 0.2 per 100 square feet of net floor area. niture, appliance, hardware stores, household equipment: 4-33 (Revised 8108) 4-4-080 F USE NUMBER OF REQUIRED SPACES RESIDENTIAL USES OUTSIDE OF THE CENTER DOWNTOWN ZONE: Detached and semi -attached- A minimum of 2 per dwelling unit. Tandem parking is allowed. dwellings: A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Manufactured homes within a A minimum of 2 per manufactured home site, plus a screened manufactured home park: parking area shall be provided for boats, campers, travel trail- ers and related devices at a ratio of 1 screened space per 10 units. A maximum of 4 vehicles may be parked on a lot, includ- ing those vehicles under repair and restoration, unless kept within an enclosed building. Congregate residence: 1 per sleeping room and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Assisted living: 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Attached dwellings in RM -U, RM -T, 1.8 per 3 bedroom or larger dwelling unit; COR, UC -N1 and UC -N2 Zones: 1.6 per 2 bedroom dwelling unit; 1.2 per 1 bedroom or studio dwelling unit. RM -T Zone Exemption: An exemption to the standard park- ing ratio formula may be granted by the Development Services Director allowing 1 parking space per dwelling unit for devel- opments of less than 5 dwelling units with 2 bedrooms or less per unit provided adequate on -street parking is available in the vicinity of the development. (Amd. Ord. 5018, 9-22-2003; Ord. 5087, 6-28-2004) Attached dwellings within the 2 per dwelling unitwheretandem spaces are not provided; and/or RM -F Zone: 2.5 per dwelling unit where tandem parking is provided, sub- ject to the criteria found in subsection F8d of this Section. (Amd. Ord. 5100, 11-1-2004) Attached dwellings within the CV 1 per dwelling unit is required. A maximum of 1.75 per dwell - Zone: ing unit is allowed. Attached dwellings within all other 1.75 per dwelling unit where tandem spaces are not provided; zones: and/or 2.25 per dwelling unit where tandem parking is provided, sub- ject to the criteria found in subsection F8d of this Section. Attached dwelling for low income 1 for each 4 dwelling units. or elderly: RESIDENTIAL USES IN THE CENTER DOWNTOWN ZONE: Attached dwellings: 1 per unit. Attached dwellings for low income 1 for every 4 dwelling units. or elderly: Congregate residences: 1 per 4 sleeping rooms and 1 for the proprietor, plus 1 addi- tional space for each 4 persons employed on the premises. Assisted living: 1 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Detached dwellings (existing 2 per unit. legal): (Amd. Ord. 5355, 2-25-2008) (Revised 8108) 4-32 cific category shall appiy, unless specifi- cally stated otherwise. c. Alternatives: i. Joint Parking Agreements: Ap- proved joint Use parking agreements and the establishment of a Transpor- tation Management Plan (TMP) may be used as described in subsections E3 and F10c(ii) of this Section to meet a portion of these parking require- ments. (Amd. Ord. 4790, 9-13-1999) ii. Transportation Management Plans: A Transportation Manage- ment Plan (TMP) guaranteeing the required reduction in vehicle trips may be substituted in part or in whole for the parking spaces required, sub- ject to the approval of the Planning/ Building/Public Works Department. The developer may seek the assis- tance of the Pianning/Building/Public Works Department in formulating a Transportation Management Plan. The plan must be agreed upon by both the City and the developer through a binding contract with the City of Renton. At a minimum, the Transportation Management Plan will designate the number of trips to be reduced on a daily basis, the means by which the plan is to be accom- plished, an evaluation procedure, and a contingency plan if the trip re- duction goal cannot be met. If the 4-4-08OF Transportation Management Plan is unsuccessful, the developer is obli- gated to immediately provide addi- tional measures at the direction of the Planning/Building/Pubiic Works De- partment, which may include the re- quirement to provide full parking as required by City standards_ d. Modification: The Planning/Build- ing/Public Works Department may autho- rize a modification from either the minimum or maximum parking require- ments for a specific development should conditions warrant as described in RMC 4-9-250D2. When seeking a modification from the minimum or maximum parking requirements, the developer or building occupant shall provide the Planning/ Building/Public Works Department with written justification for the proposed mod- ification. e. Parking Spaces Required Based on Land Use: Modification of these min- imum or maximum standards requires written approval from the Planning/Build- ing/Public Works Department (see RMC 4-9-250). (Ord. 4517, 5-8-1995; Amd. Ord. 4790, 9-13-1999; Ord. 4963, 5-13-2002; Ord. 4971, 6-10-2002; Ord. 4982,9-23-2002; Ord. 5030,11-24-2003; Ord. 5087, 6-28-2004; Ord. 5100, 11-1-2004; Ord. 5286, 5-14-2007; Ord. 5355, 2-25-2008; Ord. 5357, 2-25-2008; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008) USE NUMBER OF REQUIRED SPACES GENERAL: Mixed occupancies: The total requirements for off-street parking facilities shall be (2 or 3 different uses in the same the sum of the requirements for the several uses computed building or sharing a lot. For 4 or separately, unless the building is classified as a "shopping more uses, see "shopping center" center" as defined in RMC 4-11-190. requirements) Uses not specifically identified in Planning/Building/Public Works Department staff shall deter - this Section: mine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. 4-31 (Revised 8108) 4 -4-080 F ii. For two (2) rows of sixty degree (600) head -in parking using a two way circulation pattern, the minimum width of the aisle shall be twenty feet (20'). (Ord. 3988, 4-28-1986) 22' -0' 711901 Alil)" 20._0. 1i;;Lr1i d. Forty l=ive Degree (450) Head - In Parking Aisle Width Minimums: L One Way Circulation: For one and two (2) rows of forty five degree (45') head -in parking using a one way circulation pattern, the minimum width of the aisle shall be twelve feet (12)• (Revised 5108) 4-30 H. Two Way Circulation: For two (2) rows of forty five degree (45°) head -in parking using a two way cir- culation pattern, the width of the aisle shall be twenty feet (20'). (Ord. 3988, 4-28-1986) 45 G=.GAF. 2T'-0. 12•_0- 17._0. 4),w. w"'Y• I� l 1�� I !. 21'-0' L 20' L 17'-0" i r-_7, urs. e , F--] n X J 10. Number of Parking Spaces Required: a. Interpretation of Standards — Mini- mum and Maximum Number of Spaces: In determining parking require- ments, when a single number of parking spaces is required by this Code, then that number of spaces is to be interpreted as the general number of parking spaces re- quired, representing both the minimum and the maximum number of spaces to be provided for that land use. When a maximum and a minimum range of required parking is listed in this Code, the developer or occupant is required to provide at least the number of spaces listed as the minimum requirement, and may not provide more than the maximum listed in this Code. b. Multiple Uses: When a develop- ment falls under more than one category, the parking standards for the most spe- 9. Aisle Width Standards: a. Parallel Parking Minimum Aisle Width: L One Way Circulation: For one way circulation, the minimum width of the aisle shall be ten feet (10'). ii. Two Way Circulation: For two way circulation, the minimum width of the aisle shall be eighteen feet (18'). (Ord. 3988, 4-28-1986) FA IN FAKALLEL 11 TKAVELJ 'fYLs 1'srl. E f'r 7 i Jc; iF 1 f1Ti ("c= i i(:" -r :X 1 .l1.T _ 4-29 4-4-080 F b. Ninety Degree (90°) Head -In Park- ing Aisle Width Minimums: For one row and two (2) rows of ninety degree (900) head -in parking using the same aisie in a one way or two way circulation pattern, the minimum width of the aisle shall be twenty four feet (24'). F24,RKIN{ � -- 90 PE(3KEE irk L _-_i 7f- �:A• YY• ti c. Sixty Degree (60°) Head -In Parking Aisle Width Minimums: i. For one row and two (2) rows of sixty degree (60') head -in parking using a one way circulation pattern, the minimum width of the aisle shall be seventeen feet (17'). (Revised 5108) This page left intentionally blank. (Revised 1145) 4-28.2 iv. Maximum Number of Compact Spaces in the UC -N1 and UC -N2 Zones: The maximum number of compact spaces shall not exceed fifty percent (50%). (Ord. 5030, 11-24-2003) d. Tandem Parking: Where tandem parking is allowed pursuant to subsection F10e of this Section, the following stan- dards shall apply: i. Stall length shall conform to the standards of this subsection F8; and ii. A restrictive covenant or other device acceptable to the City will be required to assign tandem parking spaces to the exclusive use of spe- cific dwelling units. Enforcement of tandem parking spaces shall be pro- vided by the property owner, property manager, or homeowners' associa- tion as appropriate. e. Special Reduced .Length for Over- hang: The Planning/Building/Public Works Department may permit the park- ing stall length to be reduced by two feet (2'), provided there is sufficient area to safely allow the overhang of a vehicle and that the area of vehicle overhang does not intrude into required landscaping areas. f. Customer/Guest Parking: The De- velopment Services Division may require areas be set aside exclusively for cus- tomer or guest parking and shall specify one of the following methods be used: i. A maximum of fifty percent (50%) of the required parking stalls clearly designated as "customer parking" or "guest parking." Parking stalls with said designations shall be used only for said purposes. ii- A separate parking lot with its own ingress and egress, landscaping and screening exclusively for cus- tomer parking and adequately signed as such - g. Accessible Parking as Stipulated in the Americans with Disabilities Act (ADA): Accessible parking shall be pro- 4-28.1 ro- 4-28.1 4-4-080F vided per the requirements of the Wash- ington State Barrier Free Standards as adopted by the City of Renton. NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1-25 1 26-50 2 51-75 3 76-100 4 101 —150 5 151 —200 6 201-300 7 301 —400 8 401 —500 9 501 —1,000 2% of total spaces Over 1,000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 ACC13SSIOLE :Ak._NG sr.�,crscr rr k gtnR Mr;rs to„. l ! � (Ord. 3988, 4-28-1988; Amd. Ord. 4854, 8-14-2000; Ord. 4963, 5-13-2002) (Revised ]105) 4-4-080 F vices Division is not being adequately maintained and the specific nature of the failure to maintain. The Development Services Division shall send the property owner or agent written notice, specifying what corrections shall be made_ n. Dead or Damaged Landscaping: Upon request of the City, any landscap- ing required by City regulations that is dead or damaged must be replaced with like or better landscaping as determined by the Development Services Director. (Amd. Ord. 4999, 1-13-2003; Ord. 5087, 6-28-2004; Ord. 5100, 11-1-2004) 8. Parking Stall Types, Sizes, and Per- centage Allowed/Required: a. Standard Parking Stall Size — Sur- face/Private Garage/Carport: i. Minimum Length in All zones Except UC -N1 and UC -N2: A park- ing stall shall be a minimum of twenty feet (20') in length, except for parallel stalls, measured along both sides of the usable portion of the stall. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. ii. Minimum Length in UC -N1 and UC -N2 Zones: A parking stall shall be a minimum of nineteen feet (19') in length, except for parallel stalls, measured along both sides of the us- able portion of the stalls. Each paral- lel stall shall be twenty three feet by nine feet (23'x 9') in size_ iii. Minimum Width: A parking stall shall be a minimum of nine feet (9') in width measured from a right angle to the stall sides. iv. Reduced Width and Length for Attendant Parking: When cars are parked by an attendant, the stall shall not be less than eighteen feet long by eight feet wide (18' x 8'). (Ord. 5030,11-24-2003) (Revised 1105) 4-28 b_ Standard Parking Stall Size — Structured Parking: L Minimum Length: A parking stall shall be a minimum of fifteen feet (15'). A stall shall be a minimum of sixteen feet (16') for stalls designed at forty five degrees (450) or greater. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. H. Minimum Width: A parking stall shall be a minimum of eight feet, four inches (8'4") in width_ c. Compact Parking Stall Size and Maximum Number of Compact Spaces: i. Stall Size — SurfacelPrivate Ga- rage/Carport: Each stall shall be eight and one-half feet in width and sixteen feet in length (8-112' x 16'). ii. Stall Size — Structured Park- ing: A parking stall shall be a mini- mum of seven feet, six inches (7'6") in width. A parking stall shall be a minimum of twelve feet (12') in length, measured along both sides for stalls designed at less than forty five degrees (45°). A stall shall be a minimum of thirteen feet (13') in length, for stalls designed at forty five degrees (450) or greater. iii. Maximum Number of Com- pact Spaces Outside of the UC -N1 and UC -N2 Zones: Compact parking spaces shall not account for more than: • Designated employee parking — not to exceed forty percent (40%) _ • Structured parking -- not to ex- ceed fifty percent (50%). • All other uses — not to exceed thirty percent (30%). (Ord_ 5030, 11-24-2003) 4-4-080F part of the sawtooth pattern abutting tems shall be required to be installed and a public right-of-way. maintained for all landscaped areas. The irrigation system shall provide full water g. Special Landscape and Screening coverage of the planted areas as speci- Standards for Storage Lots: See RMC fied on the plan. 4-4-120, Storage Lots, Outside_ j. Installation to Comply with Ap- h. Planting Requirements for Park- proved Plans: All landscaping and irri- ing Lots and Other Applicable Uses: gation systems shall be installed in accordance with the landscaping and irri- i. Where lots requiring landscaping gation plans submitted by the applicant front public rights-of-way or streets, and approved by the Development Ser - street trees shall be required as vices Division (see FiMC 4-8-120D91, Irri- specified by the City of Renton_ gation Plans, and 4-8-120D9L, Landscaping Plans). ii. On sidewalks used by pedestri- ans (as determined by the Develop- k. Landscape Bond Required. All ment Services Director), street trees landscaping and the irrigation system shall be installed with tree grates_ shall be installed prior to occupancy, with the following exception. If approved by iii. Street trees shall be placed at the Development Services Director, a the average minimum rate of one landscape bond shall be required, prior to tree every thirty (30) lineal feet of obtaining a temporary occupancy permit, street frontage. for a period of one hundred twenty (120) days and in value equal to one hundred iv. Provide trees, shrubs, and twenty five percent (125%) of the total groundcover in the required perime- cost to ensure required landscape stan- ter and interior lot landscape areas. dards have been met prior to receiving an occupancy permit. (a) In addition to street trees specified herein, plant at least I. Maintenance Assurance Device: A one tree for every six (6) parking maintenance assurance device shall be spaces within the lot interior_ required, prior to obtaining an occupancy permit, for a period of not less than three (b) Plant shrubs at the rate of (3) years and in sufficient amount to en - five (5) per one hundred (100) sure required landscaping is maintained square feet of landscape area. until established (estimated to be three Shrubs shall have a mature (3) years). height between three (3) and four (4) feet. Up to fifty percent Maintenance Required: Landscaping (50%) of shrubs may be decidu- required by this Section shall be main- ous. tained by the owner and/or occupant and shall be subject to periodic inspection by (c) Groundcover shall be the Development Services Division. planted insufficient quantities to Plantings are to be maintained in a provide at least ninety percent healthy, growing condition and those (90%) coverage of the planting dead or dying shall be replaced within six area within three years of instal- (6) months_ Property owners shall keep lation. the planting areas reasonably free of weeds and litter. (d) Do not have more than fifty feet (50') between parking stall m. Failure to Maintain Landscaping: and a landscape area. The Development Services Division Di- rector is authorized to notify the owner L Underground Irrigation System and/or agent that any installed landscap- Required: Underground irrigation sys- ing as required by the Development Ser- 4-27 er- 4-27 (Revised 1105) This page left intentionally blank. (Revised 12J05) 4-26.2 except for areas of ingress and egress. ii. Angled Parking Layouts, Forming a Sawtooth Pattern: Shal€ maintain a minimum of five-foot (5') landscaping strip in the narrowest 4-26.1 4-4-080 F (Revised 12105) 4-4-080F provided from a sons engineer, that the roadway will support the weight of oper- ating fire apparatus. e. Clearances and Turning Radii: Where fire lanes connect to City streets or parking lots, adequate clearances and turning radii shall be provided. f. Existing Buildings — Hazards: When the Fire Chief, or his authorized designee, determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, he may require fire lanes to be constructed and main- tained as provided by this Section. g. Modification by Fire Chief: When the required clearances outlined above cannot be physically provided, modifica- tion may be allowed upon written applica- tion and approval of the Fire Chief. 7. Landscape Requirements: a. When Applicable: All parking lots, loading areas, vehicle sales and rental lots, and storage lots shall be landscaped to the standards set forth herein and in RMC 4-4-070. b. Exemptions: Parking areas for de- tached, single family dwelling units and flats are exempt from parking lot land- scape requirements. c. Submittal Requirements: Submittal requirements shall be as specified in RMC 4-8-1208, C, D91, and D12L. d. Landscape Approval Required: All landscaping required by this Section is subject to approval by the Development Services Division. e. General Requirements for All Parking Lots: L Safety Standards: Landscaping shall not conflict with the safety of those using the parking lot, adjacent sidewalks, or with traffic safety. The clear vision area shall be kept free of plants that block sight lines. (Revised 12/05) 4-26 ii. Retention of Existing Land- scaping Encouraged: Where possi- ble, existing mature trees and shrubs shall be preserved and incorporated in the landscape layout. iii. Screening of Adjacent and/or Abutting Residential Uses Re- quired: A planting area or berm with landscaping shall be provided on those sides of a parking lot that are adjacent to or abutting properties used and/or zoned for residential purposes. (See specific zoning clas- sification.) Such planting shall be subject to the requirements of the zoning development standards and shall be of a sufficient height to serve as a buffer. iv. Screening Modifications: The Development Services Division may allow a minimum of a forty two inch (42") screening fence in lieu of land- scaping upon proper application for good cause shown, which shall in- ciude but not be limited to a narrow parking lot. v. Minimum Width: Any landscap- ing area shall be a minimum of five feet (5') in width. vi. Minimum Amounts: Surface parking lots with more than fourteen (14) stalls shall be landscaped as fol- lows: Number of ing Stalls Minimum Landscape Area E—ttoa59'�C— 15 sf/parking space 25 sf/parking space 100 or more 35 sf/parking space f. Minimum Landscaping Width Re- quirements Abutting Public Right -of - Way: Parking lots shall have landscaped areas as follows: i. Right Angle and Ninety De- gree (902) Stalls: A minimum width of five feet (5') for right angle and ninety degree (90°) parking stalls along the abutting public right-of-way 4-4-08OF 2- Maximum Parking Lot and Parking system service connection or control de - Structure Slopes: Maximum slopes for park- vices. ing lots shall not exceed eight percent (8%) slope. The Planning/Building/Public Works The Fire Department may require that ar- Administrator or his/her designee may allow eas specified for use as driveways or Ari- a driveway to exceed eight percent (8%) vate thoroughfares shall be designated slope but not more than fifteen percent (15%) as fire lanes and be marked or identified slope, upon proper application in writing and as required by this Section. for good cause shown, which shall include, but not be limited to, the absence of any rea- b. Minimum Width and Clearance: sonable alternative. (Ord. 5156, 9-26-2005) Lanes shall provide a minimum unob- structed continuous width of twenty feet 3. Access Approval Required: The in- (20) and provide a minimum vertical gress and egress of all parking lots and struc- clearance of thirteen feet six inches tures shall be approved by the Development (13'6"). (Ord. 3988, 4-28-1986) Services Division. (Ord. 3988, 4-28-1986) c. Identification: 4. Linkages: The Planning/Building/Public Works Department shall have the authority to i. Lanes shall be identified by a four establish, or cause to be established, bicycle, inch (4") wide line and curb painted high occupancy vehicle and pedestrian link- bright red. The block letters shall ages within public and private developments. state, "FIRE LANE — NO PARKING", Enforcement shall be administered through be eighteen inches (18') high, the normal site design review and/or permit- painted white, located not less than ting process. Adjustments to the standard one foot (1') from the curb face, at parking requirements of subsection F10 of fifty foot (50') intervals. (Ord. 4130, this Section may be made by the Planning/ 2-15-1988) Building/Public Works Department based on the extent of these services to be provided. ii. Signs shall be twelve inches by (Ord. 4517, 5-8-1995) eighteen inches (12" x 18") and shall have letters and background of con- s. Lighting: Any lighting on a parking lot trasting colors, readily readable from shall illuminate only the parking lot and shall at least a fifty foot (50') distance. be designed and located so as to avoid un- (Ord. 3988, 4-28-1966) due glare or reflection of light pursuant to RMC 4-4-075, Exterior On-site Lighting. Light iii. Signs shall be spaced not further standards shall not be located so as to inter- than fifty feet (50') apart nor shall fere with parking stalls, stacking areas and in- they be placed less than five feet (5'), gress and egress areas. (Amd_ Ord. 4963, or more than seven feet (7') from the 5-13-2002) ground. The installation and use of fire lane signs will preclude the re- f. Fire Lane Standards: quirement for painting "FIRE LANE — NO PARKING", in the lane only. The a. Applicability: As required by the area shall be identified by painting Fire Codes and the Fire Department; fire the curb red or in the absence of a lanes shall be installed surrounding facil- curb, a four inch (4") red line shall be ities which by their size, location, design used. (Ord. 4130, 2-15-1988) or contents warrant access which ex- ceeds that norrmally provided by the prox- d. Surfacing and Construction Re- imity of City streets. quirements: Fire lanes shall be an all weather surface constructed of asphalt or Additional fire lanes may be required in or- reinforced concrete certified to be capa- der to provide access for firefighting or ble of supporting a twenty (20) ton vehi- rescue operations at building entrances cle, or when specifically authorized by or exits, fire hydrants and fire protection the Fire Department, crushed rock may be used; provided, written certification is 4-25 (Revised 12105) 4-4-080F c. Maximum Distant._ to Joint Use Parking: i. Within the Center Downtown Zone: No distance requirements ap- ply when both the use and joint use parking are located within the Center Downtown. if. Within the UC -N1 and UC -N2 Zones: Joint use parking shall be within seven hundred fifty feet (750') of the building or use if it is intended to serve residential uses, and within one thousand five hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. iii. All Other Zones: Joint use parking shall be within seven hun- dred fifty feet (750') of the building or use it is intended to serve. d. Special Provisions for Subdivi- sion of Shopping Center: Parking ar- eas in shopping centers may operate as common parking for all uses. If a shop- ping center is subdivided, easements and/or restrictive covenants must grant use and provide for maintenance of com- mon parking and access areas. (Ord_ 3988, 4-28-1986; Ord. 4517, 5-8-1995; Ord. 5030,11-24-2003; Amd. Ord. 5087, 6-28-2004; Ord. 5357, 2-25-2008) F. PARKING LOT DESIGN STANDARDS: 1. Maneuvering Space/Use of Public Right -of -Way: Maneuvering space shaft be completely off the right-of-way of any public street except for parking spaces provided for single family dwellings and duplexes. Alleys shall not be used for off-street parking and loading purposes, but may be used for ma- neuvering space. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. (Revised 5108) 4-24.2 4-4-080F serve; provided, the provisions of sub- dential zone except on a weekly or section E2 (Off -Site Parking) of this Sec- monthly basis. tion are complied with. (Ord. 5355, 2-25-2008; Ord. 5369, 4-14-2008) e. Maximum Distance to Off -Site Parking Area: c. Boat Moorages: May have parking areas located not more than six hundred i. Within the Center Downtown feet (600') from such moorage facility or Zone. No distance requirements ap- closer than one hundred feet (100') to the ply when both the use and off-site shoreline (see subsection F10 of this parking are located within the Center Section). Accessible parking as required Downtown. by the Washington State Barrier Free Standards can be allowed within one ii. Within the UC -N1 and UC -N2 hundred feet (100') per subsection F8g of Zones: Off-site parking shall be this Section. within five hundred feet (500') of the building or use if itis intended to serve d. Other Uses: On the same lot with residential uses, and within one thou - the principal use except when the condi- sand five hundred feet (1,500') of the tions as mentioned in subsection E2 (Off- building or use if itis intended to serve Site Parking) of this Section are complied nonresidential uses. with. (Arad. Ord_ 4790, 9-13-1999) iii. All Other Zones: Off-site park - 2. Off -Site Parking: ing shall be within five hundred feet (500') of the building or use if it is in - a. When Permitted: If sufficient park- tended to serve residential uses, and ing is not available on the premises of the within seven hundred fifty feet (750') use, a private parking area may be pro- of the building or use if it is intended vided off-site, except for single and two to serve nonresidential uses. (2) family dwellings. (Amd. Ord. 5330, 12-10-2007) 'f. Transportation Management Plan Exception: The Planning/Building Public b. Agreement Required: A parking Works Department may modify the maxi - agreement ensuring that off-site parking mum distance requirements if a Trans - is available for the duration of the use portation Management Plan or other shall be approved by the Development acceptable transportation system will ad - Services Director, following review by the equately provide for the parking needs of City Attorney. the use and the conditions outlined in RMC 4-9-250D2 are met. (Ord. 3988, c. Additional Information Required: 4-28-1986; Ord. 4517, 5-8-1995; Ord. The Development Services Division shall 5030, 11-24-2003; Amd. Ord. 5087, review the following as part of the permit 6-28-2004) process: 3. Joint Use Parking Facilities: i. A letter of justification addressing the need for off-site parking and corn- a. When Permitted: Joint use of parking patibility with the surrounding neigh- facilities may be authorized only for those borhood. uses that have dissimilar peak -hour de- mands. (Amd. Ord. 5330,12-10-2007) ii. A site plan showing all dimen- sions of parking spaces, aisles, land- b. Agreement Required: A parking scaping areas, adjacent street agreement ensuring that joint use park - improvements, curb cuts, and on-site ing is available for the duration of the and adjacent uses and buildings. uses shall be approved by the Develop- ment Services Director, following review d. Fees: No charge for use of such by the City Attorney. parking area shall be made in any resi- 4 - 241 (Revised 5108) 4-4-080C way in the City or cause or _.fit the same to be done contrary to or in violation of any of the provisions of this Section. Driveways shall be constructed to City standards. (Ord_ 4517, 5-8-1995, Ord. 4351, 5-4-1992) 3. Plans Required: Where off-street park- ing is required, except for single family dwell- ings, a plan shall be submitted for approval by the Buiiding Department. The plan must be accompanied by sufficient proof of ownership that indicates the spaces contemplated will be permanent. 4. Future Changes to Parking Arrange- ment: Any future changes in parking ar- rangements or number of spaces must be approved by the Development Services Divi- sion. (Amd. Ord. 5087, 6-28-2004) 5. Timing for Compliance: a. Building Permit Required: No con- struction, alteration or changes in uses are permitted until all the information in RMC 4-8-120D16p, Parking Analysis, and 4-8-120D19s, Site Plan, has been submitted and approved by the appropri- ate City departments and building permit has been issued. b. Requirements Prior to Occupancy Permit: The premises shall not be occu- pied until the parking lot is paved, marked, landscaped and lighted (if the lot is to be illuminated) and an occupancy permit has been issued, unless a defer- ment has been granted. c. Requirements Prior to Business License Issuance: A business license shall not be issued until an occupancy. permit has been issued. (Ord. 3988, 4-28-1986; Ord. 4351, 5-4-1992; Ord. 4517, 5-8-1995; Ord. 4999, 1-13-2003; Ord. 5357, 2-25-2008) C. (Deleted by Ord. 5357, 2-25-2008) (Ord. 4671, 7-21-1997; Ord. 4722, 5-11-1998; Amd. Ord. 5087, 6-28-2004) D. ADMINISTRATION: 1. Authority: The PlanninglBuilding/Public Works department is hereby authorized and directed to enforce all the provisions of this (Revised 5)08) 4-24 Section. For su- , purpose, the Planning/ Building/Public Works Administrator or his/ her duly authorized representative shall have the authority of a police officer. (Ord_ 4517, 5-8-1995) 2. Interpretation: a. Calculation of Number of Parking Spaces - Fractions: When a unit of measurement determining the number of required parking spaces results in the re- quirement of a fractional space, any frac- tion up to but not including one-half (1/2) shall be disregarded and fractions one- half (112) and over shall require one park- ing space. (Ord. 3988, 4-28-1986) b. Measurement of Distance - Method: Where a distance is specified, such distance shall be the walking dis- tance measured from the nearest paint of the parking facility to the nearest point of the building that such facility is required to serve. (Ord. 4517, 5-8-1995) c. Measurement of Seat Width - Benches and Pews: In stadiums, sports arenas, churches and other places of as- sembly in which patrons or spectators oc- cupy benches, pews or other similar seating facilities, each eighteen inches (18") of length of such seating facilities shall be counted as one seat for the pur- pose of determining requirements for off- street parking facilities under this Sec- tion. (Ord. 3988, 4-28-1986) E. LOCATION OF REQUIRED PARKING. 1. On -Site Parking Required: Required parking as specified herein shall be provided upon property in the same ownership as the property upon which the building or use re- quiring the specified parking is located or upon leased parking. Off-street parking facili- ties shall be located as hereinafter specified: a. Detached. Semi -Attached and Two (2) Attached Dwellings: On the same lot with the building they are required to serve. b. Attached Dwellings Three (3) or More Units: May be on contiguous lot with the building they are required to 4-4-080B F. MODIFICATIONS OF STANDARDS: tions F1 through F9 and J of this Section, Lighting which does not meet the standards in shall apply in the following cases: subsection F of this Section may be permitted by striped lot. the Reviewing Official as follows: Alternative i. New Buildings or Structures: If shielding of lights, or lighting visible above the construction replaces an existing roofline may be permitted via the site plan review building, only the area exceeding the process for applications requiring such review or area of the original structure shall be via a modification approved by the Development used to calculate required parking. Services Division Director in accordance with specified in subsection F10 of this RMC 4-9-250D for applications which do not re- ii. Building/Structure Additions: quire site plan review. In any case, no use or ac- Only the area exceeding the area of tivity shall cause light trespass beyond the the original structure shall be used to boundaries of the property lines. calculate required parking. G. VARIANCES TO STANDARDS: b. Outside the Center Downtown A variance to standards, pursuant to RMC Zone: Off-street parking, loading areas, 4-9-250, is required to alter any other require- and driveways shall be provided in accor- ments of this Section that are not allowed to be al- dance with the provisions of this Section tered in accordance with subsection F, in the following cases: Modifications to Standards. i. New buildings or structures. H. APPEALS: See RMC 4-8-110. (Ord. 4963, 5-13-2002) ii. Building/Structure Additions: The enlargement or remodeling of an existing building/structure by more 4-4-080 PARKING, LOADING AND than one-third (1 /3) of the area of the DRIVEWAY REGULATIONS: building/structure. A. PURPOSE: 4-23 iii. Paving or Striping: The paving It is the purpose of this Section to provide a of a parking lot with permanent sur - face, or striping a previously un - means of regulating parking to promote the striped lot. health, safety, morals, general welfare and aes- thetics of the City of Renton by specifying the off iv. Change in Use. The change of street parking and loading requirements for all ail or a portion of a building/structure uses permitted in this Codeandto describe de- or land use a use requiring more sign standards and other required improvements. t parking than the previous use, as Furthermore, it is the intent of this Section to pro- specified in subsection F10 of this mote the efficient use of the City's transportation Section, except when located in a facilities by incorporation into that system of alter- native modes of transportation to the single occu- pancy vehicle to promote the movement of v. Activities Requiring Deliveries people from place to place. It is the goal of this or Shipments: Uses requiring mer - Section to allow the provision of sufficient off- chandise deliveries and/or ship- street parking to meet the needs of urban level- street mems shall provide adequate while not providing an excess surplus of permanent off loading space in ff spaces_ (Ord. 4817, 5-8-1995) addition to required parking for the B. SCOPE OF PARKING, LOADING AND use. (Ord. 3988, 4-28-1986; Ord. 4517, 5-8-1895; Ord. 4999, DRIVEWAY STANDARDS-• 1-13-2003; .Amd. Ord. 5087, 6-28-2004) 1. Applicability: 2. Conformance Required: It shall be un - a. Within the Center Downtown lawful for any person hereafter to erect, con- struct, enlarge, move or convert any parking rive- lot, parking structure, loading area, or drive- 4-23 (Revised 5109) 4-9-2006 spective departments with regard to the pro- posed master plan or site plan_ Lack of comment from a department shall be consid- ered a recommendation for approval of the proposed plan. However. all departments re- serve the right to make later comments of a code compliance nature during building per- mit review. This includes such requirements as exact dimensions, specifications or any other requirement specifically detailed in the City Code. 6. City Notification of Applicant: After the departmental comment period, the Develop- ment Services Division shall notify the appli- cant of any negative comments or conditions recommended by the departments. When significant issues are raised, this notification should also normally involve a meeting be- tween the applicant and appropriate City rep- resentatives. The applicant shall have the opportunity to respond to the notification ei- ther by submitting a revised site plan applica- tion, by submitting additional information, or by stating in writing why the recommenda- tions are considered unreasonable or not ac- ceptable. 7. Revisions or Modifications to Site De- velopment Review Application: Whenever a revised site development plan or new infor- mation is received from an applicant, the De- velopment Services Division may recirculate the application to concerned departments. Consulted departments shall respond in wilt- ing within ten (10) days with any additional comments. In general, the City's environmen- tal determination of significance or nonsignif- icance pursuant to RMC 4-9-070, Environmental Review Procedures, will not be issued until after final departmental com- ments on the site development plan or re- vised site development plan are received. 8. Special Review for Planned Actions: A consistency review shall be conducted by the Zoning Administrator for proposals submitted under the authority of an adopted Planned Action Ordinance. If found consistent with the Planned Action Ordinance, including required conditions and mitigation measures, the Zoning Administra- tor shall notify the applicant of the departmen- tal comments and the consistency analysis consistent with subsection G6 of this Section_ (Revised 1/05) 9-68 Revisions or modifications may be made in accordance with subsection G7 of this Sec- tion. If found inconsistent with the Planned Action Ordinance, the Zoning Administrator shall no- tify the applicant of the departmental com- ments and the consistency analysis consistent with subsection G6 of this Section. Revisions or modifications may be made in accordance with subsection G7 of this Sec- tion. if the application is still found to be in- consistent once these steps have been completed, the Zoning Administrator shall forward the findings to the Environmental Re- view Committee to determine if additional en- vironmental review is required. The application shall then follow the process, in subsection D of this Section, to determine if a public hearing is necessary. 9. Environmental Review Committee to Determine Necessity for Public Hearing: Upon receipt of final departmental comments and after the close of the public comment pe- riod, the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection pea of this Section. 10. Environmental Review Committee Decision Appealable to Hearing Exam- iner: The final decision by the Environmental Review Committee on whether a site devel- opment review application requires a public hearing may be appealed within fourteen (14) days to the Hearing Examiner pursuant to RMC 4-8-110E, Appeals. 11. Administrative Approval of Site De- velopment Plan: For projects not requiring a public hearing, the Reviewing Official shall take action on the proposed site development plan. Approval of a site development plan shall be subject to any environmental mitigat- ing measures that may be a part of the City's declaration of significance or nonsignifi- cance. 12. Hearing Examiner Approval of Site Development Plan: For projects requiring a public hearing pursuant to subsection D of this Section, the Hearing Examiner shall take action on the proposed site development plan following the hearing process in subsection G13 of this Section. b. Underground hazardous waste treat- ment and storage facilities shall comply with RMC 4-5-120, Underground Storage Tank Secondary Containment Regula- tions; c. Hazardous waste treatment and stor- age facilities shall comply with article 80 of the Uniform Fire Code as adopted by ordinance by the City of Renton; d. A hazardous waste spill contingency plan for immediate implementation in the event of a release of hazardous wastes at the facility shall be reviewed and ap- proved by the Renton Fire Department prior to issuance of any permits; and e. The location of all on-site and off-site facilities must comply with the State siting criteria as adopted in accordance with RCW 70.105210. 6. Review of Street Frontage Landscape: A mix of hard surfaces, structured planters, and terraces may be incorporated into street frontage landscape buffers where such fea- tures would enhance the desired streetscape character for that particular neighborhood. 7. Review of Compliance to Design Guidelines for Development in CD, RM -U, RM -T, UC -N1, and UC -N2 Zones: Develop- ment proposed in the zones where design guidelines are in effect must show how they comply with the intent and the mandatory el- ements of the design guidelines located in RMC 4-3-100. (Ord. 3981, 4-7-1886; Ord. 4186, 11-14-1988; Amd. Ord. 4802,10-25-1999; Ord. 4851, 8-7-2000; Ord, 4854, 8-14-2000; Ord_ 5028, 11- 24-2003; Ord. 5100,11-1-2004) G. SITE DEVELOPMENT PLAN REVIEW PROCEDURES: 1- General: All site development plan appli- cations shall be reviewed in the manner de- scribed below and in accordance with the purposes and criteria of this Section. The De- velopment Services Division may develop additional review procedures to supplement those required in this subsection_ 4-9-20OG 2. Preapplication Conference: Applicants are encouraged to consult early and infor- mally with representatives of the Develop- ment Services Division and other affected departments. This consultation should in- clude a general explanation of the require- ments and criteria of site development review, as well as the types of concerns that might be anticipated for the proposed use at the proposed site. 3. Submittal Requirements and Applica- tion Fees: Submittal requirements and appli- cation fees shall be as listed in RMC 4-8- 120C, Land Use Applications, and 4-1-170, Land Use Review Fees. Consistent with sub- section B of this Section, an applicant may submit: a. A Master Plan; or b. A Site Plan; or c. A combined Master Plan and Site Plan for the entire site; or d_ A Master Plan addressing the entire site, and a Site Plan(s) for one or more phases of the site that address(es) less than the entire site. 4. Public Notice and Comment Period Required: Whenever a completed site devel- opment plan review application is received, the Development Services Division shall be responsible for providing public notice of the pending site plan application, pursuant to RMC 4-8-090, Public Notice Requirements. 5. Circulation and Review of Applica- tion: Upon receipt of a completed applica- tion, the Development Services Division shall route the application for review and comment to various City departments and other juris- dictions or agencies with an interest in the ap- plication_ This routing should be combined with circulation of environmental information under RMC 4-9-070, Environmental Review Procedures. Comments from the reviewing departments shall be made in writing within fourteen (14) days. Unless a proposed master plan or site plan is subsequently modified, the recom- mendations of the reviewing departments shall constitute the final comments of the re - 9 -67 e- 9-67 (Revised 1105) 4-9 -20O F b. Consideration of placement and scale of proposed structures in relation to the openness and natural characteristics of a site in orderto avoid ove rconce ntrati on or the impression of oversized structures; c. Preservation of the desirable natural landscape through retention of existing vegetation and limited soil removal, inso- far as the natural characteristics will en- hance the proposed development; d_ Use of existing topography to reduce undue cutting, filling and retaining walls in order to prevent erosion and unneces- sary stormwater runoff, and to preserve stable natural slopes and desirable natu- ral vegetation; e. Limitation of paved or impervious surfaces, where feasible, to reduce runoff and increase natural infiltration; f. Design and protection of planting ar- eas so that they are not susceptible to damage from vehicles or pedestrian movements; g. Consideration of building form and placement and landscaping to enhance year-round conditions of sun and shade both on-site and on adjacent properties and to promote energy conservation. 3. Review of Circulation and Access.- a. ccess: a. Provision of adequate and safe ve- hicular access to and from all properties; b. Arrangement of the circulation pat- tern so that all ingress and egress move- ments may occur at as few points as possible along the public street, the points being capable of channelization for turning movements; c. Consolidation of access points with adjacent properties, when feasible; d. Coordination of access points on a superblock basis so that vehicle conflicts and vehicle/pedestrian conflicts are mini- mized; e. Orientation of access points to side streets or frontage streets rather than di- rectly onto arterial streets, when feasible; (Revised 1105) 9-66 f. Promotion of the safety and efficiency of the internal circulation system, includ- ing the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency ac- cess ways; g. Separation of loading and delivery areas from parking and pedestrian areas; h. Provisions for transit and carpool fa- cilities and access where appropriate; and i. Provision for safe and attractive pe- destrian connections between parking ar- eas, buildings, public sidewalks and adjacent properties. 4. Review of Signage; a. Employment of signs primarily for the purpose of identification; b. Management of sign elements, such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in pro- portion to the building and site to which they pertain; c_ Limitation of the number of signs to avoid visual clutter and distraction; d. Moderation of surface brightness or lighting intensity except for that neces- sary for sign visibility; and e. Provision of an identification system to allow for quick location of buildings and addresses. 5. Special Review Criteria for Hazardous Waste Treatment and Storage Facilities: a. Above -ground hazardous waste treatment and storage facilities shall be constructed with containment controls which will prevent the escape of hazard- ous wastes in the event of an accidental release from the facility. Such controls shall conform with all adopted Federal, State and local design and construction standards; c. Provision of a desirable transition a. Provision for privacy and noise re - and linkage between uses and to the street, utility, walkway, and trail systems duction by building placement and spac- in the surrounding area by the arrange- ing; orientation to views and vistas and to ment of landscaping, fencing and/or site amenities, to sunlight and prevailing other buffering techniques, in order to winds, and to pedestrian and vehicle prevent conflicts and to promote coordi- needs; 9-65 (Revised 1/05) 4-9-20OF portions of the requirements as having been nated and planned benefit from, and ac - satisfied by the Master Plan approval, such cess to, such elements; sections of the Code shall be detailed and that portion of the approved Master Plan d. Consideration of placement and wherein the requirements were satisfied shall scale of proposed structures in relation to be cited by the Reviewing Official or his or her the natural characteristics of a site in or - designee in the approval of subsequent der to avoid overconcentration of struc- phases and further consideration of them tures on a particular portion of a site such waived. that they create a perception of greater height or bulk than intended under the (Ord. 4802, 10-25-1999; Amd. Ord. 5028,11-24- spirit of the Zoning Code; 2003; Ord. 5100, 11 -1 -2 004) e. Promotion of the efficient function of F ADDITIONAL. REVIEW CRITERIA FOR parking and service areas by effective lo - SITE PLAN REVIEW: cation, design and screening, to provide The interpretation of the following criteria, partic- "intent integrated facilities between uses when beneficial, to promote urban layouts in ularly references to the of the zoning code," shall consider the purpose and intent of appropriate zones, and to prevent unnec- the applicable land use designation of the Land essary repetition and conflict between uses and service areas or facilities; Use Element and the Objectives and Policies of the Community Design Element of the Compre- hensive Plan. The Community Design Element is specifically intended to guide the interpretation of avoidable impacts of new construction on issues concerning the site planning, architectural views from existing buildings and future developable sites, recognizing the public fit, landscaping, and the context of the project rel- benefit and desirability of maintaining vi - ative to the existing neighborhood. Approval of sual accessibility to attractive natural fea- plans subject to these criteria requires the addi- tional finding that the project complies with the in- tures and of promoting urban settings in tent and policies of the Land Use and Community appropriate zones; Design Element of the Comprehensive Plan. g. Provision of effective screening from 1. Review of Impacts to Surrounding public streets and residential uses for all Properties and Uses: permitted outdoor storage areas (except auto and truck sales), for surface - a. Mitigation of undesirable impacts of mounted utility equipment, for rooftop proposed structures and site layouts that equipment, and for all refuse and gar - could impair the use or enjoyment or po- bage containers, in order to promote an urban setting where appropriate and to tential use of surrounding uses and strut- tures and of the community; preserve the effect and intent of screen- ing or buffering otherwise required by the b. Mitigation of undesirable impacts Zoning Code; and when an overscale structure, in terms of h. Consideration of placement and de - size, bulk, height, and intensity, or site layout is permitted that violates Zoning sign of exterior lighting in order to avoid Code standards and the policy direction excessive brightness or glare to adjacent adopted in the Comprehensive Plan and properties and streets. impairs the use, enjoyment or potential 2. Review of impacts of a Proposed Site use of surrounding properties; Plan to the Site: c. Provision of a desirable transition a. Provision for privacy and noise re - and linkage between uses and to the street, utility, walkway, and trail systems duction by building placement and spac- in the surrounding area by the arrange- ing; orientation to views and vistas and to ment of landscaping, fencing and/or site amenities, to sunlight and prevailing other buffering techniques, in order to winds, and to pedestrian and vehicle prevent conflicts and to promote coordi- needs; 9-65 (Revised 1/05) 4-9-200E g. Provision of adequate light and air; h. Mitigation of noise, odors and other harmful or unhealthy conditions; i. Availability of public services and fa- cilities to accommodate the proposed use; and Prevention of neighborhood deterio- ration and blight. 2. Additional Special Review Criteria for COR, UC -N1, and UC -N2 zones Only: a. The plan is consistent with a Planned Action Ordinance, if applicable; b. The plan creates a compact, urban development that includes a compatible mix of uses that meets the Comprehen- sive Plan vision and policy statements for the Commercial/Office/Residential or Ur- ban Center North Comprehensive Plan designations; c_ The plan provides an overall urban design concept that is internally consis- tent, and provides quality development; d. The plan incorporates public and pri- vate open spaces to provide adequate areas for passive and active recreation by the occupants/users of the site, and/or to protect existing natural systems; e_ The plan provides view corridors to the shoreline area and Mt. Rainier where applicable; f. Public access is provided to water and/or shoreline areas; g. The plan provides distinctive focal points such as public area plazas, promi- nent architectural features, or other items; h. Public and/or private streets are ar- ranged in a layout that provides reason- able access to property and supports the land use envisioned; and i_ The plan accommodates and pro- motes transit, pedestrian, and other alter- native modes of transportation. (Revised 1105) 9-64 3. Additional Criteria for the UC -N1 and UC -N2 Zones Only: a. The plan conforms to the approved conceptual plan required by development agreement for the subarea in question, if applicable. b. The plan conforms with the intent and the mandatory elements of the de- sign guidelines located in RMC 4-3-100. The Master Plan clearly identifies the ur- ban design concept for each district enunciated in the Urban Center North Comprehensive Plan policies. c. The proposed interconnected circu- lation network must demonstrate the function and location of required circula- tion elements required in RMC 4-3-100. Internal or local roads shall provide ade- quate edges and buffers to parking lots. A sufficient number of pedestrian -oriented streets are designated to implement the vision for each district in the Urban Cen- ter North Comprehensive Plan designa- tion. d. Gateways are designated consistent with the Comprehensive Plan and con- ceptual plans for the gateway demon- strate the design concept for gateway treatment and identify significant gate- way features to be provided_ e. The Master Plan includes a sequenc- ing element that explains what phases of the Master Plan will be built -out first, and in what order the phases will be built, and an estimated time frame. 4. Additional Criteria for the Airport In- fluence Area: The plan conforms to RMC 4-3-020: Airport Compatible Land Use Re- strictions. 5. Waiver of Further Consideration of Site Plan Criteria: Approval of a Master Plan that was not combined with a Site Plan appli- cation may have satisfied portions of subsec- tion F of this Section_ The Reviewing Official or his or her designee has discretion to waive those portions of the requirements that have been satisfied by the Master Plan approval. Whenever the Zoning Administrator or his or her designee has discretion to note those may be submitted and approved adminis- tratively without a public hearing. b. Exception for Planned Actions: A hearing before the Hearing Examiner is not required if both of the following crite- ria are met: i. One or more public hearings were held where public comment was solicited on the proposed Planned Action Ordinance, and if. The environmental impact state- ment for the planned action reviewed preliminary conceptual plans for the site which provided the public and decision -makers with sufficient detail regarding the scale of the proposed improvements, the quantity of the various types of spaces to be pro- vided, the use to which the structure will be put, and the bulk and general form of the improvements. 2. Site Plan Review: a. Significant Environmental Con- cerns Remain: The Environmental Re- view Committee determines that based on departmental comments or public in- put there are significant unresolved con- cerns that are raised by the proposal; or b. Large Project Scale: The proposed project is more than: i. One hundred (100) semi - attached or attached residential units; or ii. One hundred thousand (100,000) square feet of gross floor area (nonresidential) in the IL or CO Zones or other zones in the Employ- ment Area Valley (EAV) land use designation (see EAV Map in RMC 4- 2-08013); or iii. Twenty five thousand (25,000) square feet of gross floor area (non- residential) in the CN, CD, CA, CV, or CO Zones outside the Employment Area Valley (EAV) land use designa- tion (see EAV Map in RMC 4-2- 080[3); or 4-9-200E iv. Four (4) stories or sixty feet (60`) in height; or v. Three hundred (300) parking stalls; or vi_ Ten (10) acres in size of project area. c_ Commercial or industrial property lies adjacent to or abutting the RC, R-1, R-4, R-8 and R-10 Zones_ (Ord. 4551, 9-18-1995; Ord. 4773, 3-22-1999; Ord. 4802,10-25-1999-, Amd. Ord. 4963, 5-13-2002; Ord. 5028, 11-24-2003) E. DECISION CRITERIA FOR SITE PLAN AND MASTER PLANS: The Reviewing Official shall review and act upon plans based upon a finding that the proposal meets Comprehensive Plan objectives and poli- cies and the criteria in this subsection and in sub- section F of this Section, as applicable. These criteria also provide a frame of reference for the applicant in developing a site, but are not in- tended to discourage creativity and innovation. Review criteria include the following: 1. General Review Criteria for Both Mas- ter Plans and Site Plan Review: a. Conformance with the Comprehen- sive Plan, its elements, goals, objectives, and policies. In determining compliance with the Comprehensive Plan, conform- ance to the objectives and policies of the specific land use designation shall be given consideration over city-wide objec- tives and policies; b. Conformance with existing land use regulations; c_ Mitigation of impacts to surrounding properties and uses; d. Mitigation of impacts of the proposed site plan to the site; e. Conservation of areawide property values; f. Safety and efficiency of vehicle and pedestrian circulation; 9-63 (Revised 1105) Vanessa Dolbee From: Dan Krippaehne <dkrippaehne@FHOARCH.COM> Sent: Tuesday, February 12, 2013 12:09 PM To: Vanessa Dolbee Cc: Franklin Ng Subject: RE: Al2-246 Cedar River - LUA12-040193, vested code Vanessa, We are OK with applying the 2008 code to our vesting. Sincerely, DAN KRiPPAEHNE 5209 Lake Washington Blvd NE l Suite 200 j Kirkland, WA 198033 425 827 2100 425 828 6899 dkrippaehne@fhoarch.com t "CONFIDENTIAL fY NOTE: This e. -mall message contains information that may be privileged, con€idenbi ! andr'or prott-,cted from disclosure. Pie sender irrtends tete message only be rears by tlae individual or entity narved above. if you believe you havt; received this message in error, please notify strAc 2r by e-mail or phone immediately. If you are not the intended recipient, any dissernination, distribution or copying of this message is prohlbite}." From: Vanessa Dolbee [mailto:VDolbeenRentonwa.govj Sent: Monday, February 11, 2013 10:44 AM To: Dan Krippaehne Subject: Cedar River - LUA12-000193, vested code Da n, Pursuant to our conversation, please find attached the Development Standards staff has utilized to evaluate the Cedar River Station proposal. It should be noted, that a few sections of the code have been updated since the date of the final development agreement, however the attached code is the best most complete set of regulations the City has to evaluate the proposal. Please review the attached and response to this e-mail accepting the attached regulations for the Cedar River Station project. If you are not accepting of the attached regulations we will need to talk about next steps and how to the move the project forward. Additionally, please remember that all applicable sections of the Development Agreement apply to the site and that only a few sections of code have been updated since the agreement was recorded. The updated dates are located on the bottom of the page noted as "revised" with a date. If you have any questions please feel free to give me a call. Thank you for taking the time to review the attached. `flanessa 1ao5ee 1 Senior Planner Department of Community & Economic Development City of Renton Renton City Hall - 6th Floor 1055 South Grady Way Renton, WA 98057 425.430.7314 GEOTECHNICAL ENGINEERING STUDY CEDAR RIVER STATION 15221 RENTON MAPLE VALLEY ROAD KING COUNTY, WASHINGTON October 1, 2007 Project No. E-9060-12 Prepared for Eagle Creek Land and Development, LLC 13701 Southeast 253rd Street Kent, Washington ! EARTH CONSULTING INCORPORATED 1805 136th Place Northeast Suite 201 Bellevue, Washington 98005 (4251643-3780 Toll Free 1-888-739-6670 O N H N C0 H x W CEDAR RIVER STATION PRELIMINARY TECHNICAL INFORMATION REPORT NOVEMBER 12, 2012 Prepared for Cedar River Station, LLC 15215 SE 272nd Street, Suite 201 Kent, WA 98042 Submitted by ESM Consulting Engineers, LLC 181 South 3334 Street, Building C, Suite 210 Federal Way, WA 98003 253.838.6113 tel 253.838.7104 fax C+ty of R,entOn Q12LOnyn9 psvlsion Z�c _ 5 01 www.esmcivll.com Rt-�E En Job No. 1320-005-008 `N i X W TRAFFIC IMPACT ANALYSIS For CEDAR RIVER STATION August 23, 2012 Prepared by: Gary A. Norris, PE. PTOE DN Trak Consultants PO Box 547 Preston, WA 98050 (425)765-5721 Client: Eagle Creek Land Development LLC 15215 SE 272nd Street, Suite 201 Kent, Washington 98042-4215 (206)730-9145 L City of Planning Hing Division DEC - 3 811 "ELP#w a E10 N N H 1H m H X W DEPARTMENT OF COMMUNITY D Ciryof AND ECONOMIC DEVELOPMENT M N ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE �.. - MITIGATED (DNS -M) m 2 PROJECT NUMBER: LUA12-000193, ECF, SA -M, SA -A, LLA X W APPLICANT: Frank Ng, Freiheit & Ho Architects, Inc., P.S. PROJECT NAME: Cedar River Station PROJECT DESCRIPTION: The applicant is requesting SERA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. PROJECT LOCATION: SE intersection of 152nd Avenue SE and Maple Valley Highway LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days_ Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 1, 2013. Appeals must be filed in writing together with the required fee with. Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: January 18, 2013 DATE OF DECISION: January 14, 2013 SIGNATURES: C Gregg Zi r , Administrator Public Works Department Date Terry Higashiyama, Administrator Community Services Department Date Malk Pe rs , Administrator Fire & Emergency Services Date C.E. "Chip" Vincent, Administrator Department of Community & Date Economic Development DEPARTMENT OF COmMUNITY City of AND ECONOMIC DEVELOPMENT D DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJ ECT N U M BE R: LUA12-000193, ECF, SA -M, SA -A, LLA APPLICANT: Frank Ng, Frei heit & Ho Architects, Inc., P.S. PROJECT NAME: Cedar River Station PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. PROJECT LOCATION: SE intersection of 152nd Avenue SE and Maple Valley Highway LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall be required to comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Consulting Incorporated, Dated October 1, 2007. 2. The applicant shall extend the downstream analysis to include Madsen Creek. If impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks, Planning and Natural Resources Director. 3. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Tr N H H ca H X W Planning: 1. RMC section 4-4-030.0.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8;00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. Plan Review: 1. A water availability certificate will be required to be submitted to the City with the site plan application 2. A sewer availability certificate will be required to be submitted to the City with the site plan application 3. A surface water system development fee of $0.448 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 4. A geotechnical report was submitted by Earth Consulting, Inc. The report identifies the soils as glacial till and notes groundwater is present 7-10 feet below the surface. These soils will not support infiltration. Roof downspouts will be tightlined to the storm system. Utility lines shall be adequately supported in bedding material and is recommended to be compacted to the requirements of structural fill. 5. A Construction Stormwater General Permit from the Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 6. Frontage improvements along SR -169 will be required and are subject to design review and approval by WSDOT and the City. New sidewalk and a planter strip matching the improvements constructed on SR 169 for the New Life Church will be required. There are existing frontage improvements along the project side in 152nd Ave SE. 7. Street lighting is required. ERC Mitigation Measures and Advisory Notes Page 2 of 3 S. A traffic impact analysis was submitted for review with the site plan application. In general, the report is acceptable; however, the City is requesting a deceleration lane along SR 159 from the bus stop (SW corner of 152nd Ave SE and SR 169) east to the new driveway entrance. This request is under review by WSDOT at this time. 9. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. 10. Separate permits and fees for storm connection will be required. 11. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 12. A tree removal retention/protection plan and landscaping plan shall be included with the civil plan submittal. Each plan shall be on separate sheets. Fire and Emergency Services: 1. The preliminary fire flow requirement is 3,000 gpm based on fully fire sprinklered buildings. Three fire hydrants are required. One fire hydrant is required within 150 feet of the proposed buildings and two hydrants are required within 300 feet. Existing hydrants can be counted toward the requirement as long as they meet current code including 5 -inch storz fittings. A water availability certificate is required from Cedar River Water and Sewer District. 2. Both an approved fire alarm system and fire sprinkler system are required throughout both buildings. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room. 3. Fire department apparatus access roadways are required to be minimum 20 feet wide fully paved, with 25 feet inside and 45 feet outside turning radius. Fire access roadways shall be constructed to support a 30 -ton vehicle with 322 -psi point loading. Access is required within 150 -feet of all points on the buildings. 4. An electronic site plan is required to be submitted to the Renton Fire Department for pre -fire planning purposes prior to occupancy of the building. Technical Services Comments: See attached Memo. ERC Mitigation Measures and Advisory Notes Page 3 of 3 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 16th day of January, 2013, [ deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Representing Agencies See Attached Frank Ng Contact Paul Joos - Cedar River Station LLC Owner Denise Medgard Party of Record (Signature of Sender): �.�- C. Z � ��•��s����ti� STATE OF WASHINGTON SS ot�►rrr COUNTY OF KING ) _ - 50 ` Z I certify that 1 know or have satisfactory evidence that Stacy M. TuckercS�',,��'�g_0����- __ signed this instrument and acknowledged it to be his/her/their free and voluntary act for tfffj'-p- s mentioned in the instrument. `ttl;�t��� ���y�••`�� Dated: t %t: [;�ok3 Notary Ph[ic in and for the State of Washington Notary (Print): H . A �-fa-10 e�- My appointment expires: 4t j L� S't- --,�f cZd C3 Project Name: Cedar River Station Project Number: LUA12-000193, ECF, SA -M, SA -A, LLA template - affidavit of service by mailing W) N H H Im H 2 X W AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept.' Environmental Review Section 1775 12th Ave. NW Suite 201 Attm Karen Walter or SEPA Reviewer PO Sox 47703 Issaquah, WA 98027 39015 —172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attm Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers " KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstram, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 980SS-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd, 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov template - affidavit of service by mailing A a'y � o!!� -..!. � � c ao �`� �' a ��.�,o ti}= �'-'d'.vc � �o�� o �'=•t. a -^v. � r''s c E � `�� � v c �C ° °J u � c e G v � ^ � � a � � evi � GL •`'"- 'a `� � ' � v u � ^.� ^1 5 -. r � .,= E � , -y � 'e `� H2O E`O .' 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W t "z G �1t` C1 c U �` c� v 7:j 961 Q m a o CL, U ct F ° ' E- city of .a N(>TICE OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE- MITIGATED (ONS -M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PRo[ELTNAMEI cdar River Station PRotcTRUMBER: LUA-WD193, ECF, SA -TA, 5A -0.11A ard LOCATION: SEIntemTh. ppjjI. rlrl Iz geesdN $EPA EEmlronm mail Review Maher Site Plary SIM DESCRIPTION= Plan Reellw, and a Int Llne Adiastmant for the dewlcPmem a1 21,703 aQWn feet of general refill fatt, 97 parelng m111 and two loading mils in tha CA one. FoRowft the LFA lot "A" would 96,419W u^ch^taln a Lot "g" would be 95,031 square fret. Lm A would tontain the retall spa^ pmpP V fuelln, [tats� In tha fawn however the fuel tlon h oat a part of the subject pmpofal, The development h sabfartto a Development Agreemerrt Recarding R1o070301000L34. Access to the sale would Ire tram Maple Valley Hyh—V and 152nd Are. SE. The rite is orrrently vacant and co MP,l only grrilat and weeds. It IF an"p.Md the le Valley .tad 2,446 CY of Fld thea pflarr�PprRAded a quwmmray tarsi^Pert, trash[ study and e [ oMchnl^I sport wM1h the appllotlon. The elle Ia located I, a wiemfc huard arca, no crWwl areas are iocated on tha subject Fee. THE CITY OF REN70N ENVIRONMENTAL REVIEW COMMITTEE {ERCI HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determLAatlOn must be filed in writing on or before 5:00 p,m, on February, 1, 3013, together with the required fee with: Hearing Examiner. City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-11D and Information regarding the appeal process may be obtained from the Renton City ClerW; Office, [4251430-00. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL' 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON FEBRUARY 19, 2D13 AT SO:OO AM TO CONSIDER THE MASTER SITE PLAN AND SITE PLAN. IF THE ENVIRONMENTAL DETERMINATION 13 APPEALED, THE APPEAL WILL BE HEARD A5 PART OF THIS PUBLIC HEARING. CERTIFICATION I, hereby certify that copies of the above document were posted in conspicuous places or nearby the described prop rty on Date:t' l Signed: STATE OF WASHINGTON } } SS COUNTY OF KING ) certify that I know or have satisfactory evidence that f ; C_nana- U-0 t� signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated L��..��� G BF !, ° rJ r e 9(14 Notary Public in and for the State of Washington Notary (Print): W ,-a 6.f yAus\> -ZZ My appointment expires:_ �, c�2 I -Z6 G CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 16th day of January, 2013, I deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Representing Agencies See Attached Frank Ng Contact Paul Joos - Cedar River Station LLC Owner Denise Medgard Party of Record (Signature of Sender): tIII STATE OF WASHINGTON ) = P' �Exa� 1 I��iiv SS Zs � OKARj. �0 0;',� s COUNTY OF KING 50 • - r �u v I certify that 1 know or have satisfactory evidence that Stacy M. Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for mentioned in the instrument. Dated: Notary Public in and for the State of Washington Notary (Print): H . L4- 6-c a-,6 ey- My appointment expires: 4 V.1 u S� - t3 Project Name: Cedar River Station Project Number: LUA12-000193, ECF, SA -M, SA -A, LLA template - affidavit of service by malting AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. I Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 — 172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way 5W Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172"d Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 U5 Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 2015. Jackson ST, M5 KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave, SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd - 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov template - affidavit of service by mailing 0000000000iCz ry of OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Cedar River Station PROJECT NUMBER: LUA12-000193, ECF, SA -M, SA -A, LLA LOCATION: SE intersection of 152nd Avenue SE and Maple Valley Highway DESCRIPTION: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 Cy of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located an the subject site. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE {ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 1, 2013, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON FEBRUARY 19, 2013 AT 10:00 AM TO CONSIDER THE MASTER SITE PLAN AND SITE PLAN. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. yyq� t FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. Denis Law City(7-71 Mayor r7 4 \� _ - , ♦�_ if January 16, 2013 Department of Community and Economic Development C_E."Chip"Vincent, Administrator Frank Ng Freiheit & Ho Architects, Inc., P.S. 5209 Lake Washington Blvd NE Kirkland, WA 98033 SUBJECT: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Cedar River Station, LUA12-000193, ECF, SA -M, SA -A, LLA Dear Mr. Ng: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report, for a list of the Mitigation Measures. Also, a public hearing has been scheduled by the Hearing Examiner in the Council Chambers on the seventh floor of City Hall on February 19, 2013 at 10:00 a.m. to consider the Master Site Plan and Site Plan_ The applicant or representative(s) of the applicant is required to be present at the public hearing, A copy of the staff recommendation will be mailed to you prior to the hearing. If the Environmental beterm.ination is appealed, the appeal will be heard as part of this public hearing. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 1, 2013, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal prods may be obtained from the City Clerk's Office, (425) 430-6510. If you have any further questions, please call me at (425) 430-7314. For the Environmental Review Committee, - ry m w 4 0 1beD2-, Vanessa Dolbee Senior Planner Enclosure cc: Paul Joos - Cedar River Station, LLC / Owner(s). Denise Medgard /Party{ies).of Record Renton City HaR . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov Denis Law � N City f ,f Mayor �,"�' � _�, January 16, 2013 Department of Community and Economic Development C.E. "Chip" Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on January 14, 2013: SEPA DETERMINATION: Determination of Non -Significance Mitigated (DNSM) PROJECT NAME: Cedar River Station PROJECT NUMBER: LUA12-000193, ECF, SA -M, SA -A, LLA Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 1, 2013, together with the required fee with: Bearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-73.4. For the Environmental Review Committee, -ry-SGL. OlLev—, Vanessa Dolbee Senior Planner Enclosure cc; King County wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WOFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation Renton City Hall 0 1055 South Grady Way • Renton, Washington 98057 0 rentonwa,gov DEPARTMENT OF COMMUNITY city of AND ECONOMIC DEVELOPMENT D� DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA12-000193, ECF, SA -M, SA -A, LLA APPLICANT: Frank Ng, Freiheit & Ho Architects, Inc., P.S. PROJECT NAME: Cedar River Station PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. PROJECT LOCATION: SE intersection of 152nd Avenue SE and Maple Valley Highway LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall be required to comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Consulting Incorporated, Dated October 1, 2007. The applicant shall extend the downstream analysis to include Madsen Creek. If impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks, Planning and Natural Resources Director. 3. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.0.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. Plan Review: 1. A water availability certificate will be required to be submitted to the City with the site plan application 2. A sewer availability certificate will be required to be submitted to the City with the site plan application 3. A surface water system development fee of $0.448 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 4. A geotechnical report was submitted by Earth Consulting, Inc. The report identifies the soils as glacial till and notes groundwater is present 7-10 feet below the surface. These soils will not support infiltration. Roof downspouts will be tightlined to the storm system. Utility lines shall be adequately supported in bedding material and is recommended to be compacted to the requirements of structural fill. 5. A Construction Stormwater General Permit from the Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 6. Frontage improvements along SR -169 will be required and are subject to design review and approval by WSDOT and the City. New sidewalk and a planter strip matching the improvements constructed on SR 169 for the New Life Church will be required. There are existing frontage improvements along the project side in 152nd Ave SE. 7. Street lighting is required. ERC Mitigation Measures and Advisory Notes Page 2 of 3 8. A traffic impact analysis was submitted for review with the site plan application. In general, the report is acceptable; however, the City is requesting a deceleration lane along SR 169 from the bus stop (SW corner of 152nd Ave SE and SR 169) east to the new driveway entrance. This request is under review by WSDOT at this time. 9. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. 10. Separate permits and fees for storm connection will be required. 11. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 12. Atree removal retention/protection plan and landscaping plan shall be included with the civil plan submittal. Each plan shall be on separate sheets. Fire and Emergency Services: 1. The preliminary fire flow requirement is 3,000 gpm based on fully fire sprinklered buildings. Three fire hydrants are required. One fire hydrant is required within 150 feet of the proposed buildings and two hydrants are required within 300 feet. Existing hydrants can be counted toward the requirement as long as they meet current code including 5 -inch storz fittings. A water availability certificate is required from Cedar River Water and Sewer District. 2. Both an approved fire alarm system and fire sprinkler system are required throughout both buildings. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room. 3. Fire department apparatus access roadways are required to be minimum 20 feet wide fully paved, with 25 feet inside and 45 feet outside turning radius. Fire access roadways shall be constructed to support a 30 -ton vehicle with 322 -psi point loading. Access is required within 150 -feet of all points on the buildings. 4. An electronic site plan is required to be submitted to the Renton Fire Department for pre -fire planning purposes prior to occupancy of the building. Technical Services Comments: See attached Memo. ERC Mitigation Measures and Advisory Notes Page 3 of 3 DEPARTMENT OF COMMUNITY it? of In AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 19, 2012 TO: Vanessa Dolbee FROM: Bob Mac Onie tti i SUBJECT: Cedar River Station, LUA-12-000193-LLA Format and Legal Description Review 1 have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the project_ manager: The Environmental Checklist 3. WATER c. 1) states that the "runoff from roof surfaces will be detained in an on-site trench system" but the drainage plans show them connected to the ground surface system and there are no such trenches in the plan. Comments for the applicant: Note the City of Renton land use action number and land record number, LUA-12- 000193-LLA and LND-30-0372, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number - Show two ties to the City of Renton Survey Control Network. The ties can be made by explicit reference to another recorded survey that has two monuments in common with the lot line adjustment. Note the date the existing city monuments were visited, per WAC 332-130-150. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. The City of Renton "APPROVALS' block is signed by the City of Renton Administrator, Department of Community and Economic Developement. h:lfile sysllnd -land subdivision & surveying recordsdad-30 -lot line adjustments10372(cedar river stati on)lry 121219.doc Page 2 of 2 12/19/2012 Change the title of the "DECLARATION" block to "OWNERS' DECLARATION". All vested owner(s) of the subject, at the time of recording, need to sign the final survey submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The survey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. hA le syslInd - land subdivision & suzveying recordslind-34 - lot line adjust=mts10372(cedar river station)Vv121219_doc DEPARTMENT OF COMMUNITY Cif AND ECONOMIC DEVELOPMENT th,;ton ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) PROJECT NUMBER: LUA12-000193, ECF, SA -M, SA -A, LLA APPLICANT: Frank Ng, Freiheit & Ho Architects, Inc., P.S. PROJECT NAME: Cedar River Station PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. PROJECT LOCATION: SE intersection of 152nd Avenue SE and Maple Valley Highway LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 1, 2013. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: January 18, 2013 DATE OF DECISION: January 14, 2013 SIGNATURES: C V1 y 1�3 Gregg Zi r, , Administrator Public Works Department Date Terry Higashiyama, Administrator Community Services Department Date Ma& Peierso4 Administrator Fire & Emergency Services Date r170 C.E. "Chip" Vincent, Administrator Department of Community & Date Economic Development DEPARTMENT OF CC,..,MUNITY r rcitvuf AND ECONOMIC DEVELOPMENT [� J ENVIRONMENTAL REVIEW COMMITTEE MEETING AGENDA TO: Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator Mark Peterson, Fire & Emergency Services Administrator C.E. "Chip" Vincent, CED Administrator FROM: Jennifer Henning, Current Planning Manager MEETING DATE: Monday, January 14, 2013 TIME: 3:00 p.m. LOCATION: Sixth Floor Conference Room #620 Cedar River Station (Dolbee) LUA12-000193, ECF, SA -M, SA -A, LLA Location: SE intersection of 152"d Avenue SE and Maple Valley Highway. Description: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director D. Jacobson, Deputy PW Administrator - Transportation N. Watts, Development Services Director L. Warren, City Attorney I Phil Olbrechts, Hearing Examiner D, Pargas, Assistant Fire Marshal® J. Medzegian, Council DEPARTMENT OF COMMI TY City of, AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DA TE: January 14, 2013 Project Name: Cedar River Station Project Number: LUA12-000193, ECF, SA -M, SA -A, LLA Project Manager: Vanessa Dolbee, Senior Planner Owner: Paul Joos, Cedar River Station, LLC, 15215 SE 27nd Street, Suite 201, Kent, WA, 98042 Applicant/ Contact: Franklin Ng, Freiheit & Ho Architects, Inc., P.S., 5209 Lake Washington Blvd. NE, Suite 200, Kirkland, WA, 98033 Project Location: SE intersection of 152'd Ave. SE and Maple Valley Highway Project Summary: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. Exist. Bldg. Area SF: None Proposed New Bldg. Area (footprint): 21,703 SF Proposed New Bldg. Area (gross): 21,703 SF Site Area: 131,450 SF Total Building Area GSF. 21,703 SF STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non -Significance - Mitigated (DNSI Project Location Map ERC Report 12-000193.docx City of Renton Department of Community gnomic Development Environmental Review Committee Report CEDAR RIVER STATION L!/Al2-000193, ECF, SA -M, SA -A, LLA Report of January 14, 2013 Page 2 of 9 PART ONE: PROJECT DESCRIPTION / BACKGROUND The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retail space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The proposed retail space would be divided into three separate buildings identified as building A thought C. Retail building A would be 7,539 square feet and contain a drive through. Building B would be 7,068 square feet and building C would be 7,096 square feet. All buildings would front Maple Valley Highway. The site is located in the SE corner of the intersection of SE Maple Valley Road (SR 169) and 152nd Avenue SE and is comprised of two parcels, 2323059210 and 2323059211. To the south of the site is an existing apartment complex and to the west is New Life Church both sites are zoned R-14- Across Maple Valley Highway is the Cedar River and King County Parks property. To the east is a Manufactured Home Park, zoned RMH. The development is subject to a Development Agreement Recording #20070307000134 (Exhibit 7), which includes but is not limited to, site specific land use restrictions, traffic mitigation credits, and development regulation vesting. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. Right of way improvements are proposed along Maple Valley Highway and currently exist along 152"d Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed as a part of the project. The applicant has requested a modification to the landscape buffer width along the south property line to accommodate parking in combination with a modification to reduce the width of the drive aisles. The landscape request would reduce the landscape buffer to 8 feet from 15 feet and the drive aisles would be reduced to 23 feet and 19 feet 6 inches from 24 feet. Grading would occur to level the site, install the stormwater detention system, construct the below grade utilities, and install the below -grade building footings. Estimated quantities include 2,546 cubic yards of cut and 2,446 cubic yards of fill. It is anticipated approximately 100 cubic yards of soil would be exported off the site. PART TWO: ENVIRONMENTAL REVIEW _l In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS -M with a 14 -day Appeal Period. FRC Report 12-000193.docx City of Renton Department of Commi & Economic Development Eni menta! Review Committee Report CEDAR RIVER STATION LUA12-000193, ECF SA -M, SA -A Report of January 14, 2013 Page 3 of 9 B. Mitigation Measures 1. The applicant shall be required to comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Consulting Incorporated, Dated October 1, 2007. 2. The applicant shall extend the downstream analysis to include Madsen Creek. If impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks, Planning and Natural Resources Director. 3. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. C. Exhibits Exhibit 1 Neighborhood Detail Map Exhibit 2 Site Plan, Key Sheet Exhibit 3 Site Plan, 2 sheets Exhibit 4 Utility Plan Exhibit 5 Conceptual Grading Plan Exhibit 6 Drainage Control Plan Exhibit 7 Development Agreement Exhibit 8 Technical Services Comments D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth, Impacts: A Geotechnical Engineering Study was submitted with the application. The study was prepared by Earth Consulting Incorporated and is dated October 1, 2007. In addition, a cover letter was submitted by Earth Solutions NW LLC., dated October 19, 2012, stating that the recommendations included in the 2007 study remain applicable to the proposed development. Existing site topography is relatively level with little to no discernible elevation change across the site. As a part of the Geotechnical investigation completed by Earth Consulting Inc., three borings and three test pits were excavated. The borings were drilled a maximum depth of 21.5 feet below grade and the test pits were excavated to a maximum depth of 11 feet below grade. The investigation revealed approximately 2 to 3 inches of topsoil across the site, underlined by approximately 6 to 12 inches of loose to medium dense fill. Underlying the topsoil and fill, silty sand with varying amounts of gravel, silty gravel with sand, poorly graded sand with silt, and poorly ERC Report 12-000193.docx City of Renton Department of Community anomic Development Environmental Review Committee Report CEDAR RIVER STATION LUA12-000193, ECF, SA -M, SA -A, LLA Report of January 14, 2013 Page 4 of 9 graded gravel with variable amounts of silt and sand were encountered to the maximum exploration depth of 21.5 feet below grade. Groundwater was encountered at 7 to 7.5 feet below grade in the boring locations and 9 to 10 feet below grade in the test pits. The Geotechnical report concludes that heavy seepage is likely indicative of the seasonal groundwater table at the time of exploration and the groundwater seepage should be expected in excavations extending to around 5 feet below grade during the wet season and to 9 feet below grade during the dry season. Earth Consulting Inc., concluded that the site had been graded in June and July of 2003 to prepare the site for general commercial development including raising the grades of the overall site. Furthermore, the study concludes that the construction of the proposed buildings is feasible from a geotechnical engineering standpoint. Staff recommends the project proponent follow the recommendations presented in the geotechnical study regarding site preparation and general earthwork, Structural Fill, Foundations, Retaining Walls, Slab -on -Grade Floors, Seismic Design Considerations, Excavations and Slopes, Site Drainage, Utility Support and Backfill, and Suggested Pavement Sections. Mitigation Measures: The applicant shall be required to comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Consulting Incorporated, Dated October 1, 2007. Nexus: SEPA Environmental Review, RMC 4-4-060 Grading, Excavation and Mining Regulations. 2. Storm Water Impacts: A Preliminary Technical Information Report (TIR) prepared by ESM Consulting Engineers, LEC, dated November 12, 2012 was submitted with the application. The provided TIR identifies that under existing conditions runoff sheet flows to the boundaries of the site and flows around the northwest corner of the site to cross 152nd Ave. SE to the west and continue towards the Cedar River. The provided TIR utilized the City of Renton Amendments to the 2009 King County Surface Water Design Manual (KCSWDM) for the flow control and water quality facility analysis and design. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. The engineer has provided calculations and noted in the report, a combined detention and water quality vault would be constructed onsite under the parking lot to meet flow control and water quality standards. The proposed post -developed flows would be released from the control facility on the site and connect to an existing catch basin on the northwest corner of the site before crossing 152"a Ave. SE. An offsite analysis was included in the provided TIR. Based on King County there are record of downstream and upstream drainage complaints, however none of these complaints are currently open. The offsite analysis concludes that there does not appear to be any problems with the offsite drainage system with the exception of an identified potentially buried culvert end along Maple Valley Highway. The potentially buried culvert along Maple Valley Highway did not result in any back-up of runoff at the location; therefore the TIR has concluded it would not result in any offsite drainage issues. Furthermore, the report concludes that the proposed development should not have adverse effects on the existing downstream flow path because the complaints were either regarding maintenance or were not at or downstream of the project. ERC Report 12-000193.docx City of Renton Department of Comm unitJ onomic Development Environmental Review Committee Report CEDAR RIVER STATION LLIA12-000193, ECF, SA -M, SA -A, LLA Report of January 14, 2013 Page 5 of 9 The KCSWDM requires that the offsite analysis extend a quarter mile downstream (1,320 feet). Based on this requirement the offsite analysis ended at 1,435 feet downstream, after the flow reached the northern side of Maple Valley Highway. However, past the 1,435 feet the flow would enter Madsen Creek which then would discharge into the Cedar River. This section of Madison Creek flows through Ron Regis Park, where flooding is a known problem. Based on the known flooding issues in Madsen Creek, staff recommends a mitigation measure requiring the applicant to extend the downstream analysis to include Madsen Creek. If impacts are identified as a result of the proposed project these impacts shall be reduced to not increase any flooding that currently exists in the Madsen Creek area. The proposed project would result in more than 5,000 square feet of new impervious surface area; therefore an onsite stormwater flow control system is required. Level 2 conservation flow control is proposed to be used. In addition water quality treatment is required, the provided TIR has indicated that basic water quality treatment would be required; however commercial projects require enhanced basic water quality treatment. As such the provided TER would be required to be amended to reflect the necessary changes to meet enhanced basic water quality treatment. in addition the KCSWDM would require erosion and sedimentation control measures and a Department of Ecology Stormwater Pollution Prevention Plan (SWPPP) would also be required for the proposed project. Mitigation Measures: The applicant shall extend the downstream analysis to include Madsen Creek. if impacts are identified as a result of the proposed project, these impacts shall be mitigated to a level that would not increase any flooding issues that currently exists in the Madsen Creek area. The additional analysis shall be submitted with the construction permit application for review and approval by the Plan Review project manager and the Parks Planning and Natural Resources Director. Nexus: SEPA Environmental Review, 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWDM, Chapters 1 and 2. 3. Noise Impacts: During construction, equipment operation would temporarily increase noise levels in the vicinity of the project. The applicant has indicated that all construction vehicles would be required to have mufflers to reduce some of the temporary impact of construction noise. In addition, the applicant has indicated they would limit construction to the standard hours permitted by the City of Renton. The project would result in long-term noise increases due to the vehicular activities associated with a commercial development including a drive-through and the delivery vehicles. The proposed site plan placed trash receptacles and delivery areas at least 50 feet north of the south property line where the site abuts residential development. In addition a 5 -foot high wood fence and a landscaped buffer would provide a buffer from the commercial development to the residential development to the south. The Manufactured Horne Park to the east would theoretically be screened in the same manner, however the installation of the gas station and all associated site improvements are not included in the subject proposal. Moreover, the increase in noise is anticipated to be minimal compared to the traffic noise associated with Maple Valley Highway located immediately north of the site. Mitigation Measures: No additional mitigation needed. Nexus: N/A ERCReport 12-000193.docx City of Renton Department of Community onomic Development CEDAR RIVER STATION Report of January 14, 2013 4. Historic and Cultural Preservation Environmental Review Committee Report LUA12-000133, ECF, SA -M, 5A -A, LLA Page 6 of 9 Impacts: Historically the Cedar River has meandered downstream in the Renton -Maple Valley area across the width of the river valley. Furthermore, developments within the vicinity of the Cedar River are more likely to be sites where significant historic and/or cultural resources would be found, and the subject development has indicated that site grading would be conducted. Therefore, staff recommends a mitigation measure that requires the applicant and/or developer to stop work and immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation if any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found. Mitigation Measures: If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archaeological and Historic Preservation. Nexus: SEPA Environmental Regulations 5. Transportation Impacts: Access to the site is proposed to be at two locations, one from Maple Valley Highway (SR 169) and one from 152nd Ave. SE. Both access locations are proposed to be full access with both left and right turning movements. Right of way improvements are proposed along Maple Valley Highway and currently exist along 152nd Ave. SE. In addition, 97 parking stalls are proposed in a surface parking lot to serve the proposed development. The applicant submitted a Traffic Impact Analysis prepared by DN Traffic Consultants, dated August 23, 2012. The provided report includes analysis of the existing transportation system, including public transit and pedestrian facilities. Based on the provided study the site is served by Metro Transit Route 143 and Route 907. Both routes provide transit from Enumclaw to Renton for weekdays; however, no weekend service is provided or proposed for the Cedar River Station. The nearest bus stops are located on the northwest corner of SR 169/152nd Ave. SE intersection for westbound service and southeast corner for eastbound service. There are existing pedestrian improvements (sidewalks) along 152nd Ave. SE and along SR 169 west of 152nd along the front of the New Life Church property. Across SR 169 is the Cedar River Trail a multi-purpose recreational trail that extends from Lake Washington to Maple Valley. The Traffic Analysis assumed a horizon year of 2014 for build out of the Cedar River Station and analyzed traffic impacts at the following intersections and access points: • SR 169/140th Way SE • SR 169/149th Ave. SE • SR 169/152"d Ave SE/1541h PI SE • SR 169/Molasses Condo Access • SR 169/145th Ave SE • SR 169/16151 Ave SE • SR 169/Site Access • 152nd Ave SE/Site Access ERC Report 12-000193.docx City of Renton Department of Community onomic Development Fnvironmento! Review Committee Report CEDAR RIVER STATION LUA12-000193, ECF, SA -M, SA -A, LLA Report of January 14, 2013 Page 7 of 9 The provided analysis estimated the generation of 5,898 daily trips, 486 AM and 359 PM peak hour trips. However, after application of internal capture and pass -by rates, the actual PM peak hour impact to the surrounding arterial network is 105 trips with 50 inbound and 55 outbound. The study attributes 133 trips to internal capture and 121 to pass by trips (359 -133 —121 = 105 total PM peak hour trips). The traffic study included a level of service analysis completed for the above listed intersections/access points. This qualitative level of service remains the same for both existing 2012 PM peak hour and future 2014 PM peak hour. in some cases, the amount of delay actually decreases in the 2014 project condition when compared to the 2012 existing condition. This is a result of a reduction in through volumes from the impacts of pass -by trips diverting to the site. The conclusion of the evaluation is that the Cedar River Station would not create a significant adverse impact on traffic operations at the analysis intersections. A crash history analysis was also completed by the DN Traffic Consultants. The report identifies that there has been a total of 53 crashes at three of the six study area intersections on SR 169 during the last three plus years. However, the analysis concludes that there is not a significant frequently occurring crash event that would warrant consideration for mitigation as the overall crash history is significantly less than the statewide average for signalized intersections. The provided analysis concluded that traffic generated by the proposed Cedar River Station is not expected to create a significant adverse impact on the City of Renton roadway network. However, it should be noted that a Development Agreement between the City and the property exists and is recorded under recording number 20070307000134. Among other things, the Development Agreement includes a traffic mitigation fee credit. As identified in Section 4 of the Development Agreement, in 2003 the signalized intersection and turn lanes and other improvements were constructed with private funds totaling $337,066. It was identified that the commercial site (subject site) would contribute an estimated 75 percent share of the traffic trips to the intersection. Based on this analysis, the City agreed that a sum of $252,799.50 would be credited against the Renton traffic mitigation fees (now impact fees) due upon development of the property. Mitigation Measures: No further mitigation required Nexus: N/A E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on February 1, 2013. RMC 4-8-110 governs appeals to FRC Report -12-000193. docx City of Renton Department of Community anomic Development Environmental Review Committee Report CEDAR RIVER STATION LLIA12-000193, ECF, SA -M, SA -A, LLA Report of January 14, 2013 Page 8 of 9 the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7t" Floor, (425) 430-6510. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year- The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. Plan Review: 1. A water availability certificate will be required to be submitted to the City with the site plan application 2. A sewer availability certificate will be required to be submitted to the City with the site plan application 3. A surface water system development fee of $0.448 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 4. A geotechnical report was submitted by Earth Consulting, Inc. The report identifies the soils as glacial till and notes groundwater is present 7-10 feet below the surface. These soils will not support infiltration. Roof downspouts will be tightlined to the storm system. Utility lines shall be adequately supported in bedding material and is recommended to be compacted to the requirements of structural fill. 5. A Construction Stormwater General Permit from the Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 6. Frontage improvements along SR -169 will be required and are subject to design review and approval by WSDOT and the City. New sidewalk and a planter strip matching the improvements constructed on SR 169 for the New Life Church will be required. There are existing frontage improvements along the project side in 152nd Ave SE. ERC Report 12-000193.docx City of Renton Department of Community & Economic Development Environmental Review Committee Report CEDAR RIVER STATION LUA12-000193, ECF, SA -M, SA -A, LLA Report of January 14, 2013 Page 9 of 9 7. Street lighting is required. 8. A traffic impact analysis was submitted for review with the site plan application. In general, the report is acceptable; however, the City is requesting a deceleration lane along SR 169 from the bus stop (SW corner of 152nd Ave SE and SR 169) east to the new driveway entrance. This request is under review by WSDOT at this time. 9. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. 10. Separate permits and fees for storm connection will be required. 11. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 12. A tree removal retention/protection plan and landscaping plan shall be included with the civil plan submittal. Each plan shall be on separate sheets. Fire and Emergency Services: 1. The preliminary fire flow requirement is 3,000 gpm based on fully fire sprinklered buildings. Three fire hydrants are required. One fire hydrant is required within 150 feet of the proposed buildings and two hydrants are required within 300 feet. Existing hydrants can be counted toward the requirement as long as they meet current code including 5 -inch storz fittings. A water availability certificate is required from Cedar River Water and Sewer District. 2. Both an approved fire alarm system and fire sprinkler system are required throughout both buildings. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room. 3. Fire department apparatus access roadways are required to be minimum 20 feet wide fully paved, with 25 feet inside and 45 feet outside turning radius. Fire access roadways shall be constructed to support a 30 -ton vehicle with 322 -psi point loading. Access is required within 150 -feet of all points on the buildings. 4. An electronic site plan is required to be submitted to the Renton Fire Department for pre -fire planning purposes prior to occupancy of the building. 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I.�LMIi45 M NV'« �bbi�'L'�3'�'dNi`�!� vOlf.3a +0 ..11.J Q B� LLI 1 w s W N =2 "O C.i WLLJ � cr IJ- �', ds��d:�ns ^c3 H�n�33� }a4� ta99e vM'J N3}I lGL 3J� 3klLS �N2L235 Ssi�t -3v1 hCJ g � ; € [ -k' k LL ;rte D !Jfl'r ¢ 1. `r CE - {I �1"I N011N1S t��All� Nda3O sly t ? 9 's;`ae r E - U a_ ccrrn� �—.2 9 lu 4YY4< 0 cgN�gao� ¢a mR a 4 v e> �C y w LLI 1 w s W U Q N =2 "O U a_ ccrrn� �—.2 9 lu 4YY4< 0 cgN�gao� ¢a mR a 4 LLI 1 W C.i WLLJ 2 y 1`7rr !'I LL LL ;rte D !Jfl'r ¢ 1. `r CE f {I r E - it 1 �r1Gdz i s J �, Y, m x W Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton, Washington 98055 Please Print or type information IYI���iII�IN�iINM0 �l-4 CITY OF RENTON AG 45.00 PAGE601 OF 014 03/07/2007 09:22 KING COUNTY. UA Document Title(s) (or transactions contained therein): (all areas applicable to your document mast be filled ire) 1. DEVELOPMENT AGREEMENT Reference Number(s) of Related Documents: N/A Grantor(s) (Last name, first naive, initials) 1_ AQUA BARN RANCH, INC., a Washington corporation 7 Additional names on ,page of document. Grantee(s) (Last name first, then first name and initials) 1. CITY OF RENTON, a municipal corporation of the State of Washington Additional names on page of document. Legal description (abbreviated: i.e. Iot, block, plat or section, township, range) LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUMBER L99S3019 (AFN 20010831900002) Additional Iegals are on Page 1 of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned. 2323059210 and 2323059211 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. H H X W DEVELOPMENT AGREEMENT PARTIES This Development Agreement (this "Agreement") is made and entered into effective this 1" day of December, 2006 by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and AQUA BARN RANCH, INC., a Washington corporation, the owner of the parcel of property within the area covered by this Agreement ("Owner"). RECITALS WHEREAS, the City has initiated processing a Comprehensi•,•e Plan Land Use Map amendment and Zoning Map amendment of the property that is now legally described as follows (the "Property"): LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUMBER L99S3019, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 20010831900002, RECORDS OF KING COUNTY, WASHINGTON. WHEREAS, the Property currently lies in unincorporated King County; and WHEREAS, the Property's King County Comprehensive Plan Land Use Map designation is Neighborhood Business Center; and WHEREAS, the Property's King County Zoning Map classification. is Neighborhood Business (NB); and WHEREAS, the City has previously recognized the Property's King County Comprehensive Plan Land Use Map designation and Zoning Map classification; and WHEREAS, the Owner and the City both wish to have the Property (a) designated DEVELOPMENT AGREEMENT --Page 1 Corridor Commercial (CC) on the City's Comprehensive Plan Land Use Map and (b) zoned Arterial Commercial (CA) on the City's Zoning Map, subject to this Agreement; and WHEREAS, on September 20, 2006, the Planning Commission held a public hearing concerning the proposed Comprehensive Pian Land Use Map Amendment and Zoning Map Amendment; and WHEREAS, on November 13, 2006, the City Council held a public hearing concerning this then -proposed development agreement; WHEREAS, the City Council has taken into account the public comments presented at the Planning Commission public hearing and at the Council's public hearing; and WHEREAS, on November 27, 2006, the City Council adopted a Planning and Development Committee report concerning the proposed Comprehensive Plan Land Use Map Amendment and Zoning Map Amendment and this then -planned development agreement; WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Agreement appears to be in the best interests of the citizens of the City of Renton., Washington; NOW, THEREFORE, the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTY A. Illustrative Map: The Property is graphically represented in the drawing attached hereto as Exhibit A. B. King County Property Identification Numbers: 2323059210 and 2323059211 SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING SUBJECT TO SITE SPECIFIC LIMITATIONS ON ALLOWABLE LAND USES: DEVELOPMENT AGREEMENT --Page 2 A. Site -Specific Land Use Limitations. The parties hereby agree that, in conjunction with both (1) the Comprehensive Plan Land Use Map Designation described in Subsection B, below, and (2) the Zoiung Map classification described in Subsection C, below, the following site-specific land use limitations (the "Site -Specific Land Use Limitations") shall apply: 1. The following particular uses ordinarily allowed in the CA zone as set forth in Renton Municipal Code Title IV Section 4-2-070K shall be inapplicable to the Property: (a) The "Natural resource extraction/recovery" use listed under the "AGRICULTURAL AND NATURAL RESOURCES" use category; (b) The "Kennels, hobby„ use listed under the "ANIMALS AND RELATED USES" use category; (c) The "Group Homes I" and "Group Homes II for 7 or more" uses listed under the "OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS" use category; (d) The "Other higher education institution" use listed under the "SCHOOLS" use category; (e) The "Adult retail use", "Big -box retail", "Horticultural nurseries", "Retail sales, outdoor", "Vehicle sales, large" and "Vehicle sales, small" uses listed under the "RETAIL" uses category; (f) The "Adult entertainment business", "card rooms", "Dance clubs", "Dance halls", "Not for profit gambling", "Sports arena, indoor", "Sports arena, outdoor" and "Recreation facilities, outdoor" uses listed under the "ENTERTA NN ENT AND RECREATION" use category; (g) The "Hotel", "Motel", "Off-site services", "Convalescent centers" and "Medical institutions" uses listed under the "SERVICES" use category; (b) "Body shops", "Express transportation services", "Parking garage, ZD structured, commercial or public", "Parking, surface, commercial or public", "Park and ride, dedicated" and "Transit centers" uses listed under the "VEHICLE RELATED ACTIVITIES" uses category; DEVELOPMENT AGREEMENT --Page 3) (i) "Outdoor storage" and "Self-service storage" uses listed under the "STORAGE" uses category; and 0) All uses listed under the "INDUSTRIAL" uses category. 2. The following particular uses ordinarily allowed in the CA zone as set forth in Renton Municipal Code Title IV Section 4-2-070K shall be allowed on the Property but with the following corresponding special restrictions: (a) "Drive-in/drive-through, retail" uses provided that: (i) Not more than four (4) such uses shall be allowed on the Property (and, if a gas station and/or a car wash is located on the Property, the gas station shall be counted as one of the four uses and the car wash shall be counted as one of the four uses); and (ii) Not more than two (2) free-standing drive-in/drive-through fast-food restaurant buildings shall be permitted on the Property (each such building to constitute one of the four uses in the limitation set forth under subsection (i), above) and all such fast-food restaurant buildings shall have customer seating; (b) "Vehicle rental, small' use listed under the "SERVICES" use category provided that: (i) The use is included as part of a commercial development; (ii) A maximum of 10 parking stalls assigned and marked for rental vehicles shall be allowed on the premises; and (iii) The assigned and marked parking stalls shall be considered to be part of the number of total parking stalls otherwise permitted under applicable parking provisions of the Renton Municipal Code (i.e., the parking stalls assigned and marked for rental vehicles shall not be allowed in addition to the total number of stalls otherwise permitted); (c) "Car washes" use listed under the "VEHICLE RELATED ACTIVITIES" use category provided that (i) hours of operation shall be limited to 7:00 am to 9:00 pm and (2) no self-service washes shall be allowed on the premises; and DEVELOPMENT AGREEMENT --Page 4 (d) "Vehicle repair and service, small" use listed under the "VEHICLE RELATED ACTIVITIES" use category provided that (i) all repair and service be conducted within a building, (ii) the building has a design comparable in quality to that of a Jiffy Lubes or Oil Can Henry's' service building_ 3. . The design standards set forth on Exhibit B, attached, shall apply to commercial development on -the Property. B. Comprehensive Plan Map Designation: The parties agree that, subject to the Site - Specific Land Use Limitations listed in Subsection A above, the Property shall have a Corridor Commercial (CC) Comprehensive Plan Land Use Map designation. C. Zoning: The parties further agree that, subject to the Site -Specific Land Use Limitations listed in Subsection A above, the Property shall have an Arterial Commercial (CA) Zoning classification. SECTION 4. TRAFFIC MITIGATION FEE CREDIT The Owner has submitted to the Renton Development Services Division documentation for the Division's review and consideration of the following facts: (1) Around 2003 (while the Property and two abutting parcels to the south that were also part of the original "Aqua Barn" site were still located in unincorporated King County), a total of $337,066 in private funds (the "Overall Aqua Barn Site's Intersection Contribution") was contributed to the construction of intersection improvements (including a traffic signal and turn lanes among other improvements) at the SR 169/152"d Avenue SE intersection (an intersection that lies at the Property's northwest corner) on account of the entire then -proposed "Aqua Barn Mixed -Use Development", a development proposal that entailed both (a) retail development of the Property (which has not been developed yet) and (b) residential development of the two residential parcels to the south (Assessor's Parcel Numbers 232305-9185 and 232305-9209, both of which have subsequently been developed); and (2) According to that certain "Aqua Barn Mixed -Use Development, Supplementary Traffic Impact Analysis'. prepared by The Transpo Group dated April 4, 2004, an estimated 75 percent share of total traffic trips expected to be generated from the entire site of the Aqua Barn Mixed -Use Development at the critical PM peak -hour left -turning movement at the northbound to westbound left turn lane of that intersection were expected to be attributable to future development of the Property (the "Property's 75 Percent of Peak Hour Trips Share") while the other 25 percent of such DEVELOPMENT AGREEMENT—Page 5 trips was expected to be attributable to the residential development of the two residential parcels to the south of the Property. The Owner has (a) contended that, in view of the Property's 75 Percent of Peak Hour Trips Share, it is appropriate to attribute 75 percent of the Overall Aqua Barn Site's Intersection Contribution (i.e., 75 percent of the total $337,066 = $252,799.50) to the Property and (b) requested that such amount be credited against City of Renton traffic mitigation fees that will become due upon development of the Property. The Development Services Division has reviewed that documentation and the Owner's contention and request. Based upon the documentation provided by the Owner regarding (i) the funds spent on the intersection improvements and (ii) the previous traffic impact analysis, the Development Services Division has agreed with the documentation, the Owner's contention and the Owner's request and has recommended to the City Council that credit for a 75% share of the $337,066 funds expended be granted up to but not to exceed $252,799.50 against City of Renton traffic mitigation fees due upon development of the Property until the credit has been fully expended. Based upon the Development Services Division's recommendation, the City hereby acknowledges and agrees that a sum equal to $252,799.50 shall be credited against City of Renton traffic mitigation fees due upon development of the Property until the credit has been fully expended. This Section 4 shall survive the termination of this Agreement. SECTION 5. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, this Agreement shall be enforceable during its term by the City and the Owner and the Owner's successor or assigns in interest with respect to the Property; provided, however, only the City may enforce the Site -Specific Land Use Limitations. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Agreement unless (a) otherwise provided in this Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any development permit or approval issued by the City for the Property during this Development Agreement's term must be consistent with this Agreement. SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the real property DEVELOPMENT AGREEMENT --Page 6 records of King County. During the term of the Agreement, the Agreement is binding on the parties and their successors. SECTION 8. TERM This Agreement shall run with the Property from the date on which this Agreement has been executed by both parties until amended or rescinded by the City Council in accordance with Section 9, below. With respect to any portion(s) of the Property that are not developed, the parties to this Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan - SECTION 9. AMENDMENT The provisions of this Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties hereto, may only be amended with the mutual written consent of the parties: provided, however, that the owrter(s) of portion(s) of the Property shall he entitled to amend this Agreement from time -to -time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of its normal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 10. DEVELOPMENT OF THE PROPERTY PRIOR TO ANNEXATION This Agreement shall not limit proposed development of the Property vested by application(s) for development approval(s) or permits(s) filed with unincorporated Kang County prior to the effective date of the City's annexation of the Property. CITY OF RENTON By: I Kathy KeolGr, Mayor Attest: &A.,CGv L.(J Bonnie Walton, City Clerk _,2po7 Approved as to Form: Lawrence J. Warren, City Attorney DEVELOPMENT AGREEMENT --Page 7 AQUA BARN RANCH, INC., a Washington corporation By: 61----�� anette L. Carr, President STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) f� I certify that on the zi– day of , 200 KATHY KEOLKER appeared before me and acknowledged that she signed the Atrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and stated that the seal affixed, if any, is the corporate seal of said City. Dated: l li Z -- Z 7 r r �i' Soil=� Name? t)IaILI kz' Signa e Na Public Title3 My Appointment Expires STATE OF WASHINGTON ) ##�� rr ) ss. COUNTY OF i+G�'n—) I certify that I know or have satisfactory evidence that J-ANETTE L. CARR is the person who appeared before me and acknowledged that she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as president of AQUA DEVELOPMENT AGREEMENT --Page 8 BARN RANCH, INC-, a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated. /Z L., N 0 Title` �jl_ My Appointment Expires DEVELOPMENT AGREEMENT --Page 9 C:1CF1232010090ev AgrmtlDev-Agent Fl (DDLH 12-1-06).doc kY-n-FRlT 1 \ SITE \� &<. . m&� . }. | I F.YMRiT R AQUA BARN SITE CA ZONE DEVELOPMENT AGREEMENT DESIGN STANDARDS FOR COMMERCIAL DEVELOPMENT Purpose: The intent of the following design standards is to set forth the desired character of future commercial development on the two visually prominent abutting parcels of land totaling approximate three (3) acres and fronting SR 169 on a portion of the former Aqua Barn site. The intent is that any commercial development on either of these two parcels be of a quality that will fit in with its residential and nearby rural surroundings rather than being garish or "Disney -like" in its setting near the urban/rural Urban Growth Boundary. The intent, also, is that both parcels, if developed independently of each other, share common thematic elements such as building forms, materials, signage, and landscaping to the extent reasonably practical in view of the ultimate uses on the parcels. Unless otherwise specified herein, all other relevant code requirements set forth in Title 1V shall be met. Standards: L Site Master Pian: A site plan for either or both of the two parcels at the time of development shall include information on building type, location, phasing (if any), etc. a. Buildings: All proposed buildings shall be identified as to type, size, use, and location. b. Parr: All proposed parking areas shall be identified as to location, number of stalls, location of drive aisles, points of ingress and egress, lighting, proposed landscaping and pedestrian walkways related to them. c. Open Spaces: Common open spaces (if any) and their locations shall be identified, including open spaces such as larger landscape areas, storm retention ponds, etc. d. Pedestrian Features: Proposed pedestrian walkways shall comply with RMC 4- 3-040F.1.e and shall be identified as to location, materials, and what they are connecting or linked to. 2_ Common Thematic Elements: Building elements such as those identified below are to be used throughout each of the two parcels to create a unifying architectural statement for the development of each parcel and both parcels when seen from the Renton — Maple Valley Highway (SR 169). 1 a. Materials: Drawings submitted for review and approval' shall identify exte- nor such as masonry or concrete block that will be used on the facades of all buildings; b. Fenestration: Drawings submitted for review and approval shall identify location of openings and types of glazing proposed, including color of glass and frames; c. Roofing: Drawings submitted for review and approval shall identify roofing style (flat, gabled, pitched, mansard, etc.), material, pitch, and color, and ensure that these are consistent throughout the development of each parcel; d_ Additional Architectural Elements: Drawings submitted for review and approval shall include type and location of awnings (if any), their proposed materials and color, and all exterior lighting should be shown on all relevant elevations and perspectives. Glass and metal awnings (or awnings of other permanent materials) or overhanging eves shall be provided on all facades -visible from public streets. e. Other Architectural Embellishments if any): Drawings submitted for review and approval shall include decorative roof treatments, decorative lighting, decorative paneling, etc., which are encouraged and, if proposed, shall be shown in all relevant building elevations and perspectives. f Sig4age: Drawings submitted for review and approval shall identify all proposed exterior signage including fagade signs. Any allowed freestanding signs shall be ground -oriented monument type signs. Pole and roof top -mounted signs shall be prohibited. 3. Landscaping Along Street Frontages: Landscaping along abutting street frontages shall comply with the following provisions [provisions that are derived from the portion of the table in RMC 4-3-040D (Development Standards for Uses Located within the Renton Automall Areas A and B) concerning "Landscaping — Street Frontage Landscaping Requirements" for "All Uses in Area A, Dealerships and Related Uses in Area B"]: a. 15 -Foot Wide Landscape Strip Required: A 15 -foot wide landscape strip shall be required along all street frontages. This is in lien of requirements in Chapter 4-2 RMC. Unimproved portions of abutting street right-of-way can be used in ' Once "[drawings submitted for review and approval" have been approved by the Renton Development Services Division, unless the approval is appealed and the approval decision is modified, any development(s) actually constructed shall be consistent with the approved drawings unless drawing revisions consistent with this Exhibit B have been reviewed and approved by the Development Services Division. Notwithstanding RMC 4-9-200D.2.a.ii, no building fagade modifications (such as the location of entrances/exits, changes in materials, fenestration, roofing, additional architectural elements or signage or aesthetic alterations) that relate to the subject matter of this Exhibit B shall be made without the approval of the Development Services Division. 2 combination with abutting private properly to meet the required 13 -foot landscape strip width. b. Street Tree Requirements: Unless the existing trees within the 15 -fool wide landscape strip are retained, the landscaping provided in the 15 -foot wide landscape strip shall include a minimum 30 -inch high berm and 2'/z inch caliper red maples (Acer robrum) planted 25 feet on center. 4. Landscape Materials: Common landscape elements shall be used throughout each of the two parcels to create unifying statement for the development of each parcel. a. Plant Materials: Drawings submitted for review and approval shall identify all proposed living plant materials of a permanent nature including species and size at time of planting. b. Paving Materials: Drawings submitted for review and approval shall identify all paving materials including driveways, parking areas, and pathways. In regard to buildings greater than 5,000 square feet in size, a minimum 8 -foot wide concrete sidewalk with decorative banding shall be provided along the building side(s) abutting parking areas. Such sidewalks shall be raised from the grade of the abutting parking areas a minimum of four inches except for ramps for handicapped access and rolling of shopping carts. c. Exterior Lighting: Drawings submitted for review and approval shall identify all proposed exterior lighting, including parking lot lighting, and decorative lighting along pedestrian corridors. d. Fencing: A double-faced and stained 5 --foot high wood fence shall be installed along any unfenced boundaries of the site that abut residential -zoned property. In order to improve pedestrian access to and from abutting residential properties, openings in the fence shall be provided (not more than one along the south boundary of each of Lots 3 and 4 of King County Short Plat Number L99S3019 and not more than one along the east boundary of said Lot 4). 5. Surface Water Detention Ponds: Surface water detention ponds (if any) shall be screened and landscaped with sight -obscuring evergreen plant materials. Where pond fencing is required, it shall be decorative in appearance and use permanent materials such as metal or decorative concrete block. Landscaping should buffer the exterior of all such fencing or walls. DEPARTMENT OF COMMUNITY ctyof AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: December 19, 2012 TO: Vanessa Dolbee FROM: Bob Mac Onie i.4 SUBJECT: Cedar River Station, LUA-12-000193-LLA Format and Legal Description Review I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the proiect manager: The Environmental Checklist 3. WATER c. 1) states that the "runoff from roof surfaces will be detained in an on-site trench system" but the drainage plans show them connected to the ground surface system and there are no such trenches in the plan. Comments for the applicant: Note the City of Renton land use action number and land record number, LUA-12- 000193-LLA and LND-30-0372, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network. The ties can be made by explicit reference to another recorded survey that has two monuments in common with the lot line adjustment. Note the date the existing city monuments were visited, per WAC 332-130-150. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. The City of Renton "APPROVALS" block is signed by the City of Benton Administrator, Department of Community and Economic Developement. h:lfiie sysllnd - land subdivision & surveying zecordsllnd-30 - lot line adi ustTn=)ts14372(cedar river station)1ry 121219. doc H M CQ X W Page 2 of 2 12+19/2012 Change the title of the "DECLARATION" block to "OWNERS' DECLARATION". All vested owner(s) of the subject, at the time of recordin , need to sign the final survey submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc,) as part of this subdivision, they can be recorded concurrently with the lot line adjustment, The survey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. b:ll"ile sysllnd - land subdivision & surveying recordsllnd-30 - lot line adjustmentsW372(cedar river station)\rv121219-doc Vanessa Dolbee From: Jan A. Conklin Sent: Monday, January 07, 2013 1:41 PM To: Bob MacOnie; Vanessa Dolbee; Jan Illian Subject: FW: Message from "EconDevelopment" Attachments: 20130107134438817.pdf Addresses for Cedar River Station Lotline adjustment LUA12-000193 2323059210 (1) 15221 Maple Valley Hwy 2323509211 (2) 15355 Maple Valley Hwy Please make sure these addresses get added to the final plans. Jan Conklin 425-430-7276 -----Original Message ----- From: pdecopy.rentonwa.gov Sent: Monday, January 07, 2013 1:45 PM To: Jan A. Conklin Subject: Message from "EconDevelopment" This E-mail was sent from "EconDevelopment" (Aficio MP 6001). Scan Date: 01.07.2013 13:44:38 (-0500) Queries to: pdecopy.rentonwa_gov rr1�. N W 4_I J z O�Q O C C7 r k z r r l r I j LJy� •vel v> r f a o� " rN 3n z! f I O ++ u++ jj v� f � � �� � �� rs j j ,tr•z0� . t, flici77 os Ia j _j rpt j I W z ! z ° LU Z26OSP My jI tA - ry� V! q j J " Ulf °O Il( rh u rn G7 O fE•_] ; 1� b Z } °' i Icer +Ys3� a o o o z? ~ ��s�.Hl.f N �v 3O y, y o 0 a 0CoQ �, aww 0~'Lr0 a o x E3 M3 4 1 Gi i F¢] if11i71M / f ••+ Q lu fc{{ajnp Esq iii f z� S'q o _rt J1 pp n nwX jlJ W sl2G E IMMOII JJJ �n r a o- L8'S£i 3 „£1,94.10 N 11 Lorc (lk! 'YS53} ,Hi 628 a lb i'5 ;3, ,$b Z4Bl I r CUs f�i �i 9nNH].mV QNZ� i ,90'LE9Z 3 ,Cl.9b. 10 N uz �� q ANIk Denis Law City Of Mayor_ �e December 19, 2012 Department of Community and Economic Development C.E. "Chi p"Vi n cent, Administrator Attn: John Lefotu and Ramin Pazooki Washington State Department of Transportation 15700 Dayton Avenue North PO Box 330310 Seattle, WA 98133-9710 SUBJECT: Cedar River Station LUA12-000193, ECF, SA -M, SA -A, LLA Dear Sirs: Enclosed is a copy of the TIA for the subject land use application along with a copy of the proposed site plan. If you have additional comments or concerns, you may either send them via mail or email them to me at vdolbee@rentonwa.gov. The Environmental Review Committee is scheduled for January 14, 2013. 1 would appreciate your comments prior to the meeting, preferably by December 31, 2012, if possible, so that I may incorporate them into the staff report. Sincerely, i Vanessa Dolbee Senior Planner Enclosures cc: Project File Jan Illian, City of Renton — Plan Review Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 - rentonwa_gov City of Re.fton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT' APPLICATION NO: LUA12-000193, ECF, SA -M, SA -A, LLA COMMENTS DUE: DECEMBER 27, 2012 DATE CIRCULATED: DECEMBER 13, 2012 APPLICANT: Franklin Ng ' --�_ PROJECT MANAGER: Vanessa Dolbee PROJECTTITLE: Cedar River Station PROJECT REVIEWER: Jan Illian SITE AREA: 131,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: SEC of 152" d Ave SE and Maple Valley Hwy PROPOSED BLDG AREA (gross) 21,703 square feet SUMMARY of PROPOSAL: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Pian Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retial space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. 5E- The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Elementof the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Elementof the Probabie Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS 1 0� ,--e fg.r / 'S)o`?" . We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional informati9l is needed to properly assess this proposal. Signature of Director or Authorized Representative "LJ Hate DEPARTMENT OF COMMUNITY cityofn v AND ECONOMIC DEVELOPMENT®4 M E M O R A N D U M DATE: December 19, 2012 TO: Vanessa Dolbee FROM: Bob Mac Onie ;� SUBJECT: Cedar River Station, LUA-12-000193-LLA Format and Legal Description Review I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the proiect manager: The Environmental Checklist 3. WATER c. 1) states that the "runoff from roof surfaces will be detained in an on-site trench system" but the drainage plans show them connected to the ground surface system and there are no such trenches in the plan. Comments for the applicant: Note the City of Renton land use action number and land record number, LUA-12- 000193-LLA and LND-30-0372, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network. The ties can be made by explicit reference to another recorded survey that has two monuments in common with the lot line adjustment. Note the date the existing city monuments were visited, per WAC 332-130-150. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. The City of Renton "APPROVALS" block is signed by the City of Renton Administrator, Department of Community and Economic Develo ement. h:lfilc sysllnd - land subdivision & surveying recordsllnd-30 - lot line adjustments10372(cedar river station )lry 121219.doc Page 2 of2 12/19/2012 Change the title of the "DECLARATION" block to "OWNERS' DECLARATION". All vested owner(s) of the subject, at the time of recordin , need to sign the final survey submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The survey drawing and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the survey and provide spaces for the recording numbers thereof. hafile sysllnd - land subdivision & surveying recordsUnd-30 - lot line a4justments10372(cedar river station)1ry 121219. doc City of ___..ton Department of Community & Economic—, elopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: / COMMENTS DUE: DECEMBER 27, 2012 i APPLICATION NO: LUA12-000193, ECF, SA -4, SA -A, LLA DATE CIRCULATED: DECEMBER 13, 7012 APPLICANT: Franklin Ng PROJECT MANAGER: Vanessa Dolbee PROJECT TITLE: Cedar River Station PROJECT REVIEWER: Jan Illian SITE AREA: 131,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: SEC of 152nd Ave SE and Maple Valley Hwy PROPOSED BLDG AREA (gross) 21,703 square feet SUMMARY OF PROPOSAL: The applicant is requesting SEPA Environmental Review, Master Site Pian, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retial space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. 5E_ The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable More Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation utilities Transportation Public Services Historic/Culturol Preservation Airport Environment 10,000 Feet 14,000 Feet S. POLICY -RELATED COMMENTS ` ti r rYIU/ C. CODE -RELATED COMMENTS i� We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whKe additional ipforrrmati?f is needed to properly assess this proposal_ Signature of Director or Auth ntative Date City of on Department of Community & Economic lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE. DECEMBER 27, 2012 APPLICATION NO: LUA12-000193, ECF, SA -M, SA -A, LLA DATE CIRCULATED: DECEMBER 13, 2012 APPLICANT: Franklin Ng PROJECT MANAGER: Vanessa Dolbee PROJECT TITLE: Cedar River Station PROJECT REVIEWER: Jan Illian SITE AREA: 131,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: SEC of 152nd Ave SE and Maple Valley Hwy PROPOSED BLDG AREA (gross) 21,703 square feet SUMMARY OF PROPOSAL: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retial space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. 5E_ The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts Impacts Necessary Housing Aesthetics Li ht/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 004 Feet 14, 404 Feet We have reviewed this application with particular attention to those areas in which we hove expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. c__- S}gnature of Director or Authorized Representative Date L.. • (t - (I- Date Z FIRE & EMERGENCY SERVICES DEPARTMENT M E M O R A N D U M DATE: December 18, 2012 TO: Vanessa Dolbee, Senior Planner FROM: Corey Thomas, Pians Review Inspector SUBJECT: Cedar River Station Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $0.52 per square foot of building area. These fees are paid at time of building permit issuance. Code Related Comments: 1. The preliminary fire flow requirement is 3,000 gpm based on fully fire sprinklered buildings. Three fire hydrants are required. One fire hydrant is required within 150 -feet of the proposed buildings and two hydrants are required within 300 -feet. Existing hydrants can be counted toward the requirement as long as they meet current code including 5 -inch storz fittings. A water availability certificate is required from Cedar River Water and Sewer District. 2. Both an approved fire alarm system and fire sprinkler system are required throughout both buildings. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room_ 3. Fire department apparatus access roadways are required to be minimum 20 -feet wide fully paved, with 25 -feet inside and 45 -feet outside turning radius. Fire access roadways shall be constructed to support a 30 -ton vehicle with 322 -psi point loading. Access is required within 150 -feet of all points on the buildings. 4. An electronic site plan is required to be submitted to the Renton Fire Department for pre -fire planning purposes prior to occupancy of the building. City of ...... on 2Department of Community & Economic I lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: J, rr_ COMMENTS DUE: DECEMBER 27. 2012 APPLICATION NO: LUA12-000193, ECF, SA -M, SA -A, LLA DATE CIRCULATED: DECEMBER 13, 2012 APPLICANT: Franklin Ng PROJECT MANAGER: Vanessa Dolbee PROJECT TITLE: Cedar River Station PROJECT REVIEWER: Jan Illian SITE AREA: 131,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: SEC of 152nd Ave SE and Maple Valley Hwy PROPOSED BLDG AREA (gross) 21,703 square feet SUMMARY OF PROPOSAL: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retial space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts Impacts Necessary Housing Aesthetics Li hVGlore Recreation Utilities Trans rtation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14, DOO Feet L' 4 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to propeay assess this proposal, d f Signature of Director or Authorized Repr sentative Date If City of - -__-on Department of Community & Economic L _ . _lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: +e /1!1 u!''1 } ��JJ ii �� 1111 1 COMMENTS DUE: DECEMBER 27, 2012 APPLICATION NO: LUA12-000193, ECF, SA -M, SA -A, LLA DATE CIRCULATED: DECEMBER 13,.2012C APPLICANT: Franklin Ng PROJECT MANAGER: Vanessa Dolbee PROJECT TITLE: Cedar River Station PROJECT REVIEWER: Jan Lilian 4� SITE AREA: 131,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: SEC of 152nd Ave SE and Maple Valley Hwy PROPOSED BLDG AREA (gross) 21,703 square feet SUMMARY OF PROPOSAL: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone_ Following the LLA Lot "A" would be 96,419 square feet and Lot "B" would be 35,031 square feet. Lot A would contain the retial space proposed and Lot B may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134_ Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided A stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts impacts Necessary Farth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources 24 Elementofthe Probable Probable More Environment Minor Major information imparts Impacts Necessary Housing Aesthetics Li ht/Glore Recreation Utilities Transportation Public 5ervices Historic/Cultural Preservation Airport Environment I0,000 Feet T 4, 000 Feet B. POLICY -RELATED -req, t Ad C. CODE -RELATED COMMENTS r CGX�%rJ 1 e 1 In _ 1 1 h. it Yt i.i C i?l'T'liS, /,. We have reviewed this application with particulor attention to those areas in which we have expertise and have identified areas of probable impact or areal where additional irry*mation is needed to properly assess this proposal. gnature of Director or Authorized Representative Date City of ..-...on Department of Community & i=conomic D_ �-lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: t CArin Z COMMENTS DUE: DECEMBER 27, 2012 APPLICATION NO: LUA12-000193, ECF, 5A -M, SA -A, LLA DATE CIRCULATED: DECEMBER 13, 2012 APPLICANT: Franklin Ng PROJECT MANAGER: Vanessa Dolbee PROJECT TITLE: Cedar River Station PROJECT REVIEWER: Jan Illian SITE AR : 131,450 square feet _ EXISTING BLDG AREA (gross): N/A LOCATION. SEC of 152nd Ave SE and Maple Valley Hwy PROPOSED BLDG AREA (gross) 21,703 square feet SUMMARY OF PROPOSAL: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parkin stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot B' would be 35,031 square feet. Lot A would contain the retial space proposed and Lot B may contain a fueling -station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. It is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Housing Aesthetics Li ht/Glore Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signatur 0f Dir ctor or Authorized Representative Date l.,Lty of � c✓ � NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) A Master Appleallon has been filed and accepted With the Department of r0mm"It, & Eeonomk D-tibitmant {CEO)- Planning Division of the City of Renton. Th, following briefly describes the application and the necessary Publlc Approvals. DATE OF NOTICE OF APPUCAiON: December 13, 2012 LAND USE NUMBER: jAi2-tsi ECF, SA.M, SA -A, "-LA PROJECT NAl Cedar Rrver Station PROTECT DES:PnjOl The dppliranl is recuesting SE -A E—ranm-W Review. Masher Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square Feel of general retail space, 97 parking stalls Io and two edi ng sla lit in the CA sane- Following the LILA Lot -A" would be 96,419 square Feet and Lot 'U" would be 35,031 square feet. Lot A would contain the retial spare p:opesed and Lot 3 may remain. a fueling statlon In the future however the fuel Stell- is not a part of the subject proposai. The development is subject to a P-101 mens Agreement Recording #20070307000134. Access to the site would be from Maple valley Highway and 152nd Ave. SE. The site is currently va ant aro contains bi grasses and weeds. It is emicipated the 23 off site trees located alpnE Maple Valley Highway would be removed, Grading would result in 2,546 CY of cut and 2445 Cy of fill, The applicaah provided a stormwatrr report, luj& study and a geotechnlcai report with the appllC,tion. The site Is located in a seismic hazard a rea, no critical areas are located on the subject site. PREll LDCATION; SEC of 152' Avenue and Maple Valley Hwy OPTIONAL DETERMINATION OF NONSIGNIFICANCE, MITIGATED (DNS -MI: As the Lead Agency, the Clty of Renton has determined that agnitik—L environmental impacts are cal ly to result from the proposed Project. There Fore, as permitted under the RCW 43.riC,110, the City or Renton hs using the Optional ON5-M process m give notice that a ONS - M Is likely tobe issued. Comment Par ads for the project and the proposed ONS -M are Integrated into a single commpe ent riod, There will be no comment period following the is Dance o£ the Threshold Determination of 1 5ignificance-Mitigated IOi A 14-0ay appeal period will folio- the f'ssuance of the DN5-M. PERMIT APPLICATION DATE: Pecemher 3, 2012 NOTICE or COMPLETE APPLICATION: December 13, 2012 APPLICANT/PROJECT CONTACT PERSON: Franklln Ng, rrelheh & He Architects, Inc. P.S.; S2D9 Lake Washington Blvd NE #200; )(Irklaro, WA 98033; Eml: FNgf&fhoarch.com Permiti/Review Requested: Environmental ISEPAI Review, Master She Plan Review, Site Plan Development Reylew, lot Line Adjustment Revlew Other Pcrmhe which may be requlred: Building. Cnmtruction, and Sign Permits Regvashd Studies: Geoteohnlrai Rai Location where applicatlnn may be reviewed: Department of Community all Ecorea lc Development(CEDI - Planning Division, SiRth Fluor Renton City l1055 south Grady Way, Renton, WA 90057 11 you wauid Ilk, to br made a party of record to receive further 'mtem ion on this proposed project, complete Ill farm and return to: Cir, of Renton, CED -Planning 0he i5i on, 1055 So. Grady Way, Renton, WA 98057. Ni m it lle No.: Cedar River Slatlon/LVA22.000193, ECF, SA -M, SA -A, LLA NAME: MAILING ADDRESS: city/51me/Lip: TELEPHONE NO,: Ii h FARING: for Fehrva:y 19, 2FI1; before t, R°nfor. y€• Fxa-d�[ In Renton Co -il Lltambars 1D.W amu ., n the 111u fluor of :he new Renton C`ty Ball howler' t 1055 5nuth Cady Way, CONS15TENCY OVERVI EW: 2uning/Land Vice, The subject site is deslgnatec' Cortone nisi Corridor ICCI on the City or Renton Compmhensiae Land Use Map and Commercial Artetal ICA; on the Cli zoning Map, Er-hei mi 0—menta that Evaluate the Proposed PrnJect: rnviron-lental ISk FAj Checklist Development Regulations Used For pia}r i Miligathen: The project vrlll be subject to the City's SEaA ordinance, Renton Mu-idpal Code tertians 4 9-200, 4-7-CbC, 4.2-120A, 4 9 070, and other applicable codes and regulations as appropriate. Proposed Mitlg tit n Measures: The following Mitil lon Measures will 'Likely be imposed on the p-oposed proJeii- These recommended Mitigation Measures address project Impattf cwt covered by eAtrlllg codes and regulitiont as cited above. The oppliconr shnfl cxlmoly with the—rantendpriona ircieded 1. the Geatechnicoi Engfneerfng Study prepared by forth Solutions Any i(C; dared 0cmber 19, 2012. comments on the all appllcatlon must be submitted In writing to Vanessa Doll senior planner, CED- Planning Division, 1055 South Grady Way, Renton, WA ill by 5:DD PM on December 27, 2012. This molter is alsp tentatively scheduled for a public hearing on February 19, 211 at 10:00 a.m., Council Chambers. Seventh Floor, aenoon City hall, 1055 south Grady Way, Renton. if you are interested in attending the hearing, please Contact the Planning Division In ensure that the hearing has net been rescheduled at 1475) 430.7292. If comments cannot be submitted in vadi ng by the dale Indkated -hove, you may stip appear at the hearing and present your comments on the proposal before the Hearing E-aminrr. If you have questions about this proposal, or wish to be made a party of record and re eiye additronal information by mail, please rontact the project manager. Anyone who submits writhe:. comments wi@ autematlCally become a party or record and will be notified of any decislon an this project. CONTACT PERSON: Vanessa Colbee, Senior Planner; Tel- (425) 430-7314; Eni vdolbee@rentariwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER Fi LE IOENTIFICATFON rl t• � � - � 11� �bAey ria � W` �-rf PS 41 •, utlta ti{�, 17 r,t„ ITE, ram, C.a, J&'a fps,+ If "MNTV�R.HFAgOF;FMr_ - enton CERTIFICATION I, hereby certify that `J copies of the above document were posted in Conspicuous places or nearby the described property qn Date: IIf%1511 Signed: ` STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that i know or have satisfactory evidence that signed this instrument and acknowledgedft to be his/her/their free and voluntary act for the uses and purposes mentioned in the instru ent. �. Dated: Z i.-rf,._IY - n\ d µJ+lotary ublic in and for the State of Washington -a` N P ata ( tint). +� Vyr�ap,poexpires: ' l 2-7 ac11 �- CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 13th day of December, 2012, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, Notice of Application, Environmental Checklist, Reduced Site Plan documents. This information was sent to: Name Representing Agencies – NOA, Env, Checklist, Site Plan See Attached Paul Joos Owner Franklin Ng Contact 300' Surrounding Property Owners- NOA only See attached (Signature of Sender): STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy M. Tucker signed this instrument and acknowledged it to his/her/their free and valuntayt for the uses.il purposes mentioned in the instrument. rt` t v a' , Dated: NotaryPublic in and 1 Notary (Print): ` —A L,. My appointment expires: Project Name: Cedar River Station Project Number: LUA12-000193, ECF, SA -M, SA -A, LLA template - affidavit of service by mailing r the State of Washington AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept, Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 — 172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue 5E PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn-. Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev_ Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd_ 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 981.04-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-401.8 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov template - affidavit of service by mailing DOBBS CAROL BILLHEIMER JAMES T+WANDA A SHIPP ROBERT & CHELSEA 15218 156TH PL SE 15619 156TH PL SE 15626 156TH PL SE RENTON, WA 98055 RENTON, WA 98058 RENTON, WA 98058 AMOS & DONNA BERGERON FAMI VALLEY SPRINGS APARTMENTS LLC THOMAS JAMES W+SHIRLEY E PO BOX 6265 11624 SE 5TH ST #200 15439 SE JONES RD KENT, WA 98064 BELLEVUE, WA 98005 RENTON, WA 98055 HUNT ROBERT C JR+PHYLLIS A GILSTRAP DANNY R TA CHOU 15625 156TH PL SE 15241 150TH LN SE 15622 SE 156TH RENTON, WA 98056 RENTON, WA 98058 RENTON, WA 98056 MITCHELLJACKIE L+SIMON R MADDEN FRANCES C ELDRIDGE BETTY 15620 156TH PL SE 15209 150TH LN SE 15022 135TH AVE SE RENTON, WA 98058 RENTON, WA 98058 RENTON, WA 98058 HYNES ELSIE M HEMINGWAY OANA WALZ DAVID + ALICE 15214 149TH AVE SE 15605 156TH PL SE 15400 SE 155TH PL #3 RENTON, WA 98058 RENTON, WA 98058 RENTON, WA 98058 WA ST DEPT OF FISH/WILDLIFE DAO HIEP QUOC TALBERT LARS M 600 N CAPITOL WAY PO BOX 1463 15637 156TH PL SE OLYMPIA, WA 98504 RENTON, WA 98057 RENTON, WA 98058 IRWIN TIMOTHY L+CHRISTINE M BURG DAVID J+AUDREY A KOUBA JAMES D 15422 SE JONES RD 15534 156TH CT SE 15536 156TH CT SE RENTON, WA 98058 RENTON, WA 98058 RENTON, WA 98058 KNUTSON JILL+DENNY STEVE SMITH ARTHUR D BETTS GARY W 15440 SE JONES RD 2741 72ND AVE SE 152011/2 156TH PL SE RENTON, WA 98058 MERCER ISLAND, WA 98040 RENTON, WA 98058 IRWIN JEFF FRENCH DOUGLAS F CEDAR RIVER STATION LLC 15458 SE JONES RD 15258 150TH LN SE 15215 SE 272ND ST ##201 RENTON, WA 98058 RENTON, WA 980S8 KENT, WA 98042 MAYES BERNICE KING COUNTY BNSF 15633 SE JONES RD 201 S JACKSON ST #600 PO BOX 961089 RENTON, WA 98058 SEATTLE, WA 98104 FORT WORTH, TX 76161 GOMES DENISE RAE+STEPHEN C JR LUNDERMAN MARK W RUFFALO SAM J+HAZEL R 15532 156TH CT SE 15608 156TH PL SE 12018 87TH AVE 5 RENTON, WA 98058 RENTON, WA 98058 SEATTLE, WA 98178 SANCHEZ STEVEN R+CHIHARU F 15533 156TH CT SE RENTON, WA 98058 SAYLOR DAMON+KNIGHT MARK 15224 150TH LN SE RENTON, WA 98058 GALLEGOS DANIEL M+REBECCA E 15221 150TH LN SE RENTON, WA 98058 CRAWFORD THOMAS D+PATRICIA PO BOX 3222 RENTON, WA 98056 NGUYEN DUC DUY 15613 SE JONES RD RENTON, WA 98058 EVANS KENNETH L 15438 SE JONES RD RENTON, WA 98058 DESLER RICHARD LYNN+KATHERI 15631 156TH PL SE RENTON, WA 98058 KING COUNTY WATER & LAND 500 4TH AVE #830 SEATTLE, WA 98104 HEWITT GARY A 15535 156TH CT SE RENTON, WA 98058 SOCCI DAVID C+SHELLY A 15609 156TH PL SE RENTON, WA 98058 SONG LEAH & SCOTT 15643 156TH PL SE RENTON, WA 98058 MEDGARD DENISE+PENNER DEAN 12931 168TH SE RENTON, WA 98059 NEW LIFE CHURCH @ RENTON 15711 152ND AVE SE RENTON, WA 98057 SHIREY RILEY L+DONNA M 1042 W LAKE SAMMAMISH PKWY BELLEVUE, WA 98008 STCLAIR NICHOLAS A 15201 156TH PL SE RENTON, WA 98058 ROSSE STEVEN P+KATHY S+ZIER 15613 156TH PL SE RENTON, WA 98058 TAPIA THOMAS A+SUZANNE M 15630 SE JONES RD RENTON, WA 98058 GUILD MORTGAGE COMPANY 5898 COPLEY DR #4TH FLR SAN DIEGO, CA 92111 GRIM WILLIAM KING COUNTY-WLRD BASHER DANIEL R+NELLIE+BARR PO BOX S66 ADM -ES -0800 15416 SE JONES RD RENTON, WA 98057 500 4TH AVE RENTON, WA 98058 SEATTLE, WA 98004 City aF NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: LAND USE NUMBER: PROJECT NAME: December 13, 2012 LUA12-000193, ECF, SA -M, SA -A, LLA Cedar River Station PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Master Site Plan, Site Plan Review, and a Lot Line Adjustment for the development of 21,703 square feet of general retail space, 97 parking stalls and two loading stalls in the CA zone. Following the LLA Lot "A" would be 96,419 square feet and Lot °6" would be 35,031 square feet. Lot A would contain the retial space proposed and Lot 6 may contain a fueling station in the future however the fuel station is not a part of the subject proposal. The development is subject to a Development Agreement Recording #20070307000134. Access to the site would be from Maple Valley Highway and 152nd Ave. SE. The site is currently vacant and contains only grasses and weeds. it is anticipated the 23 off site trees located along Maple Valley Highway would be removed. Grading would result in 2,546 CY of cut and 2,446 CY of fill. The applicant provided a stormwater report, traffic study and a geotechnical report with the application. The site is located in a seismic hazard area, no critical areas are located on the subject site. PROJECT LOCATION: SEC of 152ntl Avenue and Maple Valley Hwy OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS -M process to give notice that a UNS- M fs likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non - Significance -Mitigated (DNS -M). A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: December 3, 2012 NOTICE OF COMPLETE APPLICATION: December 13, 2012 APPLICANT/PROJECT CONTACT PERSON: Franklin Ng, Freiheit & Ha Architects, Inc. P.S.; 5209 Lake Washington Blvd NE #200; Kirkland, WA 98033; Eml: FNg@fhoarch.com Permits/Review Requested: Environmental (SEPA) Review, Master Site Plan Review, Site Plan Development Review, Lot Line Adjustment Review Other Permits which may be required: Building, Construction, and Sign Permits Requested Studies: Geotechnical Report Location where application may be reviewed: Department of Community & Economic Development (LED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED— Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Cedar River Station/LUA12-000193, ECF, 5A -M, SA -A, LLA NAME: MAILING ADDRESS: TELEPHONE NO.: City/State/Zip: PUBLIC HEARING: Public hearing is tentatively scheduled for February 19, 2013 before the Renton Hearing Examiner in Renton Council Chambers at 10:00 a.m. on the 7th floor of the new Renton City Hall located at 1055 South Grady Way. CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated Commercial Corridor (CC) on the City of Renton Comprehensive Land Use Map and Commercial Arterial (CA) on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, Renton Municipal Code Sections 4-9-200, 4-7-060, 4-2-120A, 4-9-070, and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • The applicant shall comply with the recommendations included in the Geotechnical Engineering Study prepared by Earth Solutions NW LLC, dated October 19, 1012. Comments on the above application must be submitted in writing to Vanessa Dolbee, Senior Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on December 27, 2012. This matter is also tentatively scheduled for a public hearing on February 19, 2013, at 10:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 5outh Grady Way, Renton. if you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at {425} 430-7282. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. if you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Vanessa Dolbee, Senior Planner; Tel: (425) 430-7314; Ernk vdolbee@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION Y FvAq9 r ife YI154.k1 a, � I.r. � ru IF, Denis Law- Mayor City l Department of Community and Economic Development December 13, 2012 C.E."Chip"Vincent, Administrator Franklin Ng Freiheit & Ho Architects, Inc. 5209 Lake Washington Blvd NE #200 Kirkland, W A98033 Subject: Notice of Complete Application Cedar River Station, LUA12-000192, ECF, SA -M, SA -A, LLA Dear Mr. Ng: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on January 14, 2013. Prior to that review, you will be notified if any additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Hearing on February 19, 2012 at 10:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7314 if you have any questions. Sincerely, Vanessa Dolbee Senior Planner cc: Paul Joos - Cedar River Station, LLC / Owner(s) Renton City Hall - 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov City of Renton LAND USE PERMIT MASTER APPLICATIO PROPERTY OWNER(S) NAME: Paul Joos, Cedar River Station, LLC ADDRESS: 15215 SE 272nd Street, Suite 201 CITY: Kent, WA ZIP: 98042 TELEPHONE NUMBER: (253) 630-7700 APPLICANT (if other than owner) NAME: Franklin Ng COMPANY (if applicable): Freiheit & Ho Architects, Inc., P.S. ADDRESS: 5209 Lake Washington Blvd NE, Suite 200 CITY: Kirkland, WA Zip: 98033 TELEPHONE NUMBER: (425) 827-2100 CONTACT PERSON NAME: Franklin Ng COMPANY (if applicable): Freiheit & Ho Architects, Inc., P.S. ADDRESS: 5209 Lake Washington Blvd NE, Suite 200 CITY: Kirkland, WA Zip: 98033 TELEPHONE NUMBER AND EMAIL ADDRESS: (426)827-2100 FNg@fhoarch.com �;It o pl �nnfn �0 9 oivision DEC` 3 Zdi? PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Cedar River Station PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 15221 SE Renton Maple Valley Rd. Renton, WA 98058 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 2323059210 & 2323059211 EXISTING LAND USE(S): Vacant PROPOSED LAND USE(S): Retail, Restaurant, Office, Future Fuel Station EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CC (Commercial Corridor) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) NIA EXISTING ZONING: CA (Commercial Arterial) PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 131,450 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 0 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NIA NUMBER OF PROPOSED LOTS (if applicable) 2 NUMBER OF NEW DWELLING UNITS (if applicable): NIA Y:lArchitectural Projects112121XA 12-24611 DOCUMENT8I9 Local Jurisdiction DocsTLA -Lot Line Adjustmentlmasterapp.doc PmwJECT INFORMA1 NUMBER OF EXISTING DWELLING UNITS (if applicable): N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if appiicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 21,703 SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 20,550 NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): ^-50 M►ff4 it"R� _ 0 PROJECT VALUE: $3,375,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ■ GEOLOGIC HAZARD 131.450 sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE QUARTER OF SECTION , TOWNSHIP RANGE , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained d the infor ation herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owndl/Rerdresentative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) SS COUNTY OF KING ) �`*����11111111 I certify that I know or haves %, tha signed this instrument a� 11),sll uses and purpose menLb Dated b�v* � .0 r+litI%rt\W�r```� free and volun Notary Pubis Notary (Print): 7to ct for the 7 in and for the State of Washington My appointment expires: _ Y:\Architectural Projects112121XA12-24611 DOCUMENTS19 Local Jurisdiction DocsILLA - Lot Line Adjusttnentlmasterapp.doc -2- LEGAL DESCRIPTION PARCEL A: LOT 3 TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, KING COUNTY SHORT PLAT NUMBER LQa53O1g, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 200108311100002, RECORDS OF KING COUNTY, WASHINGTON. PARCEL B: LOT 4, TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, KING COUNTY SHORT PLAT NUMBER La115301q, AGGDRDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 20O1O53Ig00002, RECORDS OF KING COUNTY, INA5HINGT0N. PARCEL C.- AN : AN EASEMENT FOR THE RIGHT TO DRAIN STORM OR SURFACE WATER FROM SAID PREMISES ON TO THE NORTHERLY ADJOINING PROPERTY, AS RESERVED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 8804140316. LIMITED LIABILITY COMPANY AGREEMENT Of CEDAR RIVER STATION LLC (A Washington manager -managed, limited liability company) Prepared by: Montgomery Purdue Blankinship & Austin PLLC 701 Fifth Avenue, Suite 5500 Seattle, WA 98104-7096 Telephone (206) 682-7090 www.mpba.cam 100286826-51 I LIMITED LIABILITY COMPANY AGREEMENT Of CEDAR RIVER STATION LLC Table of Contents 1. FORMATION OF COMPANY.._ ....... 2. REGISTERED OFFICEIREGISTERED AGENT AND PLACE OF BUSINESS-..-.-.-. . ...... . ...... . ... 3. TERM...».»»......»........»......................».........»...»».».».....................................»..».........,.»......_»»..1 4. PURPOSE AND RELATED PARTY TRANSACTIONS_ ..... S. MEMBERS, PERCENTAGE INTERESTS, CAPITAL CONTRIBUTIONS, AND CAPITAL ACCOUNTS.,..»......................»......»...»................»..»..»..».».....»..........»..»_._....2 6. ALLOCATIONS OF NET PROFITS AND LOSSES,......».»»..».»..»...»»...............................»..».4 7. DISTRIBUTIQNS.»»».....»..................»..._.....„......_.»»..,.._...._._...__.._._......_................_......_...6 & VOTING, MEMBER DECISIONS AND MEETINGS..........._»._._............._..._._.......»._......_.7 9. MANAGEMENT, INDEMNIFICATION AND ACCOUNTING MATTERS»,.»...»»».»...».......8 10. TRANSFERABILITY._....._...._......_..._..............._............._..........»..........._..___.__..»........_....12 11. RIGHTS AND OBLIGATIONS OF MEMBERS»..»».....,.»...»»..........»..»»..»._........_._..._._.._15 1.2. DISSOLUTION.».».».».»,.»..............................__._.....____........................_........._......_.._._._.._i5 13. INDEPENDENT ACTIVITIES OF MEMBERS AND MANAGERS........................»_.._......_.16 14. POWER OF ATTORNEY..._.....__.............».._................».....».»»..»»..........».»...»»...,..»»....»»..I7 15. AMENDMENTS..__._._............_._......._...........»...............»..........»»»......................»»»..............17 16. REPRESENTATIONS AND R'ARRAIVTIFS»....._...._........_............................._...„_......._._.....17 17. TAX MATTERS._..........._._................_._...............»...».......................»........._._......_.................18 18. MEDIATION AND ARBITRATION OF DISPU'I`FS__...._.._.._.................»»_.»...._........,..._..19 19. LEGAL COUNSEL ..............»............._........ _.._....._..._......._............._._..._...._................._...19 ?A. MISCELLANEOUS.................................................»».............,........».»...,.............»»..»................ZO {00286826-5) i LIMITED LIABILITY COMPANY AGREEMENT Of CEDAR RIVER STATION LLC This Limited Liability Company Agreement (the "Agreement") is effective as of April 5, 2012, and is between those individuals and entities who execute a counterpart of this Agreement and are listed on Exhibit A attached ("Member," or specifically by name where appropriate, and collectively as the Members"). 1, FORMATION OF COMPANY. The Members hereby form Cedar River Station LLC (the "Company") on the terms and conditions set forth in this Agreement. Except as provided otherwise in this Agreement, the rights and liabilities of the Members shall be governed by Chapter 25.15 of the Revised Code of Washington ("RCW"), the Washington Limited Liability Company Act ("Act"). 2. REGISTERED OFFICEIREGISTERED AGENT AND PLACE OF BUSINESS. 2.1 Registered Office and Registered Agent, The Company's initial registered agent and the address of its initial registered office in the State of Washington are as follows: Name Address MPBA Service Company LLC 701 Fifth Avenue, Suite 5500 Seattle, WA 98104 The registered office and registered agent may be changed by the Company from time to time by filing an amendment to the Certificate of Formation or filing such other forms as required by the Washington Secretary of State. 2.2 Place of Business. The principal place of business of the Company shall be 4057 Williams Avenue North, Renton, Washington 98056. The Company may locate its place of business at any other place or places as the Manager (as defined below) may from time to time deem advisable. 3. TERM. The Company shall have perpetual existence, unless the Company is dissolved and its affairs wound up in accordance with this Agreement. 4. PURPOSE AND RELATED PARTY TRANSACTIONS. The sole purpose of the Company shall be to acquire, develop, own for investment purposes, and re -sell the real property and improvements thereto commonly known as Cedar River Station, located at the southeast corner of the intersection of SE Renton Maple Valley Road (SR169) and 152"d Avenue SE in Renton, King County, Washington, and legally described on Exhibit B attached hereto and incorporated by reference herein (the "Property"). The Company may exercise all powers necessary or convenient to carry out its purpose that may be LiMrrED LIABu= COMPANY AGREEMENT PAGE 1 legally exercised by limited liability companies under the Act. To fulfill the purpose of the Company, the Company will engage in the related party transactions described in this Section below. 4.1 Eagle Creek Land and Development LLC. Eagle Creek Land and Development LLC ("Eagle Creek") is owned and controlled by Randall S. Goodwin and Michael Chaffeur; Randall S. Goodwin owns and controls, directly or indirectly, NW M&M Holdings, LLC; Michael Chaffeur owns and controls, directly or indirectly, Westar Holdings, LLC. As of the date of this Agreement, Eagle Creek holds the buyer's interest in a Purchase Agreement dated January 9, 2012, as amended ("Purchase Agreement'), pursuant to which Eagle Creek has the right to purchase the Property from Aqua Barn Ranch, Inc., a Washington corporation. Eagle Creek has deposited earnest money under the Purchase Agreement and has incurred additional out-of-pocket expenses for architect and engineer costs, loan fees and other expenses related to the Purchase Agreement and the Property as itemized on the attached Exhibit C (collectively "Eagle Creek Expenses"). By entering into this Agreement, NW M&M Holdings, LLC and Westar Holdings, LLC, on behalf of themselves and on behalf of Randall S. and Sherri L. Goodwin, Michael and Darci Chaffeur and Eagle Creek, acknowledge and agree that all rights of Eagle Creek with respect to (i) the Purchase Agreement and the Property, (ii) all entitlements and other rights ancillary to the Property, and (iii) all permits, approvals, applications, plans, surveys, tests, engineering data, service contracts, studies, reports, loan applications, loan fees, lender good faith deposits, and other rights related to the operation, development or financing of the Property referenced on Exhibit C or otherwise owned or controlled by Eagle Creek (the items listed in clause (iii) collectively referred to as the "Intangibles") are being transferred to the Company and Eagle Creek shall have no claim to any compensation for such transfer in consideration of the credits to the Capital Accounts of NW M&M Holdings, LLC and Westar Holdings, LLC provided for under this Agreement. NW M&M Holdings, LLC and Westar Holdings, LLC shall cause Eagle Creek to take such action and to execute, acknowledge and deliver any and all documents and instruments as may be desired by the Company to transfer to the Company the Purchase Agreement, all entitlements and other rights ancillary to the Property, and the Intangibles. NW M&M Holdings, LLC and Westar Holdings, LLC shall be entitled to no compensation nor any credit to their Capital Accounts in consideration of their fulfillment of their obligations under this paragraph other than the credit to their Capital Accounts expressly provided for under this Agreement. 4.2 Full Disclosure by Members. NW M&M Holdings, LLC and Westar Holdings, LLC, on behalf of themselves and on behalf of Randall S. and Sherri L. Goodwin, Michael and Darci Chaffeur and Eagle Creek, represent and warrant to Joos Family LLC that (i) they have disclosed to Joos Family LLC all of the facts and circumstances known to them that materially affect the Property or the value, development, status, condition and legal compliance of the Property or any portion thereof, and (ii) no information furnished by them to Joos Family LLC is knowingly misleading. 5. MEMBERS, PERCENTAGE IN'T'ERESTS, CAPITAL CONTRIBUTIONS, AND CAPI- TAL ACCOUNTS. 5.1 Members. The Members of the Company are listed on Exhibit A attached to this Agreement. No Member may withdraw from the Company without the prior consent of all of the other Members. [0028662651 I. MIMED 1AABUXrY COMPANY AGREEMENT PAGE 2 5.2 Percentage Interests. The Members shall initially own the percentage interests in the Company (the "Percentage Interests") as set forth opposite each Member's name listed in Exhibit A attached to this Agreement. Subsequent changes in the Members' Percentage Interests shall be reflected in the Company's books and records and on an amended Exhibit A. 5.3 Initial Capital Contributions. Upon execution of this Agreement, NW M&M Holdings, LLC and Westar Holdings, LLC, shall cause Eagle Creek to contribute to the Company all rights of Eagle Creek to the Purchase Agreement and the Property, all entitlements and other rights ancillary to the Property, and the Intangibles as provided in Section 4.1. In respect of the foregoing in-kind contributions, the Capital Accounts of NW M&M Holdings, LLC and Westar Holdings, LLC shall each be credited two hundred thousand dollars ($200,000). NW M&M Holdings, LLC and Westar Holdings, LLC, on behalf of themselves and on behalf of Randall S. and Sherri L. Goodwin, and Michael and Darci Chaffeur, warrant and represent to Joos Family LLC that Eagle Creek is the holder, free and clear of any lien or claim, of the buyer's interest under the Purchase Agreement and all of the rights, interests and work product itemized on the attached Exhibit C and that neither they nor any third party holds any interest in the buyer's interest under the Purchase Agreement or any other rights to be transferred to the Company by Eagle Creek under this Agreement, including without limitation the Intangibles. Joos Family LLC shall transfer to the Company cash in the amount listed next to its name on Exhibit A. The contributions described in this Section 5.3 shall be in exchange for the Member's Percentage Interest in the Company. 5.4 Capital Accounts. Each Member shall have a capital account on the books of the Company ("Capital Account"). A Member's Capital Account shall be increased by the Member's capital contributions to the Company ("Capital Contributions") and the Member's share of net income of the Company, and decreased by the Member's share of net losses of the Company and cash distributions. Such capital accounts shall at all times be maintained in compliance with the provisions of Section 704 of the Internal Revenue Code of 1986, as it may be amended from time to time ("Code"). 5.5 Capital Contributions After Initial Capital Contribution. In the event additional Capital is reasonably required for the business of the Company, each Member shall, upon the request of the Manager, contribute, in proportion to their Percentage Interests, additional Capital Contributions in a total aggregate amount not to exceed two hundred thousand dollars ($200,000) (i.e., $40,000 for a Member with a 20% Percentage Interest). No additional Capital Contributions in excess of two hundred thousand dollars ($200,000) shall be required of the Members except by a Major Decision of the Members (as defined below). 5.6 Remedies for Failure to Pay Additional Capital Contributions. If any Member who is required to make an additional Capital Contribution shall fail to do so within fifteen (15) days of the date the Capital Contribution is due ("Nan -Paying Member"), the Company shall notify the non -defaulting Members, and they shall have the option either to: 5.6.1 Contribute, in proportion to their Percentage Interests, or as they may otherwise agree, the amount required from the Non -Paying Member, and elect to adjust the Percentage Interests so that after such adjustment the Percentage Interest held by each Member is in the ratio of a fraction, the (002a6826-5) LimrrED LIABu iTY ComPANY AGREEMENT PAGE 3 numerator of which is the aggregate Capital Contributions of each Member, and the denominator of which is the aggregate Capital Contributions of all Members; or, 5.6.2 Advance, in proportion to their Percentage interests, or as they may otherwise agree, the amount required from the Non -Paying Member and treat such amount as a loan from the advancing Members ("Capital Contribution Loan"). Capital Contribution Loans shall bear interest at the rate of ten percent (10%) per annum. Capital Contribution Loans shall be repayable within thirty (30) days after written demand and, if not sooner repaid or demand made, shall be repaid from any cash distributions otherwise to be made to the Non -Paying Member by the Company. 5.7 Interest on and Return of Capital Contributions. No Member shall be entitled to interest on the Member's Capital Contribution or Capital Account or to return of the Member's Capital Contribution, except as otherwise specifically provided for in this Agreement. 5.8 Company Assets Sole Source. The Members shall look solely to the Company's assets for the return of their Capital Contributions. If the Company property remaining after the payment or discharge of all of its debts and liabilities is insufficient to return the Members' Capital Contributions, they shall have no recourse therefore against the Company, any Manager or any other Members. 5.9 No Obligation to Restore Negative Capital Account Balance. Notwithstanding anything to the contrary in this Agreement, upon a liquidation within the meaning of Regulation Section 1.704-1(b)(2)(ii)(g), if any Member has a negative Capital Account balance (after giving effect to all contributions, distributions, allocations and other Capital Account adjustments for all taxable years, including the year during which such liquidation occurs), such Member shall have no obligation to make any Capital Contribution to the Company, and the negative balance of such Member's Capital Account shall not be considered a debt owed by such Member to the Company or to any other person for any purpose whatsoever. 6. ALLOCATIONS OF NET PROFITS AND LOSSES. 6.1 Allocation of Net Profit or Loss. After giving effect to the special allocations set forth below, the Net Profit or Net Loss for each fiscal year of the Company shall be allocated among the Members in proportion to their respective Percentage Interests. 6.2 Limitation on Allocation of Net Loss. The Net Loss allocated to each Member for each Company fiscal year pursuant to the preceding paragraph shall not exceed the maximum amount of Net Loss that can be so allocated without causing such Member to have a Deficit Capital Account at the end of the fiscal year. All Net Lasses in excess of the limitation set forth in the preceding sentence shall be allocated to the other Members, who do not have Deficit Capital Accounts, in proportion to their respective Percentage Interests. All losses in excess of the above limitations shall be allocated first to Members who bear the economic risk of loss for Company liabilities, in proportion to their respective Percentage Interests, then to all Members, in proportion to their respective Percentage Interests. LIMMM LiABE= COMPANY AGREEMENT PAGE 4 6.3 Allocation of Net Profit If Limitation on Allocation of Net Loss. If losses are allocated under Section 6.2, then the profits of the Company shall be allocated to the Members in the reverse order that losses were allocated under Section 6.2 until the amount of profits allocated (reduced by any profits previously allocated pursuant to this paragraph) equals in the aggregate the amount of losses previously allocated under Section 6.2. 6.4 Definitions. "Net Profit or Net Loss" is the income, gains, losses, and deductions of the Company determined in accordance with accounting principles consistently applied from year to year employed under the method of accounting adopted by the Company and as reported separately or in the aggregate, as appropriate, on the tax return of the Company filed for federal income tax purposes. "Deficit Capital Account" is, with respect to any Member, the deficit balance, if any, in such Member's Capital Account as of the end of the taxable year 6.5 Otber Allocation Rules. 6.5.1 General. Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction, and any other allocations not otherwise provided for shall be divided among the Members in the same proportions as they share Net Profits or Net Losses, as the case may be, for the year. 6.5.2 Allocation of Recapture Items. In making any allocation among the Members of income or gain from the sale or other disposition of a Company asset, the ordinary income portion, if any, of such income and gain resulting from the recapture of cost recovery or other deductions shall be allocated among those Members who were previously allocated (or whose predecessors -in -interest were previously allocated) the cost recovery deductions or other deductions resulting in the recapture items, in proportion to the amount of such cost recovery deductions or other deductions previously allocated to them. 6.5.3 Allocations in Connection with Varying Interests. If, during a Company fiscal year, there is (i) a permitted transfer of a Member's Percentage Interest or (ii) the admission of a Member, then Net Profit, Net Loss, each item thereof, and all other tax items of the Company for such period shall be divided and allocated among the Members by taking into account their varying interests during such fiscal year in accordance with Code Section 706(d) and using any permitted conventions selected by the Company. 6.5.4 Gain or Loss for Contributed Property. Gain or loss with respect to property contributed to the Company by a Member shall be allocated to the contributing Member so as to take into account any variation between the basis of the property so contributed and its fair market value at the time of contribution, in accordance with any applicable United States tax laws and regulations. 6.5.5 Items Specially Allocated. Any items that are separately allocated pursuant to this section shall not be taken into account in computing Net Profit or Net Loss. 6.6 Special Allocations; Substantial Economic Effect. The provisions of this section and all of this 00286826.5] Ludn'ED LtABn= COMPANY AGREEMENT PAGE 5 Agreement are intended to have "substantial economic effect" and shall be interpreted in a manner consistent with the requirements of the Code and Treasury Regulations. 6.6.1 Qualified income Offset. If any Member unexpectedly receives any adjustments, allocation or distributions described in clauses (4), (5) or (6) of Regulations Section 1.704-1(b)(2)(ii)(d), items of Company income and gain shall be specially allocated to such Member in an amount and manner sufficient to eliminate the Deficit Capital Account created by such adjustments, allocations or distributions as quickly as possible. This Section 6.6.1 is intended to constitute a "qualified income offset" within the meaning of Regulations Section 1.744-1(b)(2)(ii)(d)(3). 6.6.2 Minimum Gain Chargeback. if there is a net decrease in Company minimum gain during a tax year, each Member will be allocated, before any other allocation under this Section 6, items of income and gain for such tax year (and if necessary, subsequent years) in proportion to and to the extent of an amount equal to such Member's share of the net decrease in Company minimum gain determined in accordance with Regulations Section 1.704-2(g)(2). This Section 6.6.2 is intended to comply with, and shall be interpreted consistently with, the "minimum gain chargeback" provisions of Regulations Section 1.744-2(f). 7. DISTRIBUTIONS. 71 Distribution of Cash. Distributions of cash, other than distributions in liquidation of the Company, shall be made to the Members in accordance with their Percentage Interests. 7.2 Distribution of Cash Upon Liquidation. Upon liquidation of the Company, distribution of cash shall be made as provided in Section 12. 7.3 Distribution of Non -Cash Assets. Non-cash assets, if any, shall be distributed in a manner that reflects how cash proceeds from the sale of such assets for fair market value would have been distributed (after any unrealized gain or loss attributable to such non-cash assets has been allocated among the Members). 7.4 Limitation on Distributions. No distribution shall be declared and paid to the extent that, after the distribution is made (i) the Company would not be able to pay its debts as they became due in the usual course of business, or (ii) the assets of the Company are not in excess of all liabilities of the Company, except liabilities to Members on account of their Capital Contributions. 7.5 Withholding; Amounts Withheld Treated as Distributions. The Company is authorized to withhold from distributions, or with respect to allocations or payments to Members, and to pay over to the appropriate federal, state or local governmental authority, any amounts required to be withheld pursuant to the Code or provisions of applicable federal, state or local law. All amounts withheld pursuant to the preceding sentence in connection with any payment, distribution or allocation to any Member shall be treated as amounts distributed to the affected Member for all purposes of this Agreement. LfMrrm LLkBLLm COMPANY AGREEMENT PAGE 6 8. VOTING, MEMBER DECISIONS AND MEETINGS. 8.1 Voting Rights. In any decision to be made by the Members of the Company, each Member shall have one vote (or fraction thereof) for each one percentage point (or fraction thereof) owned by such Member of the Percentage Interests of the Company. 8.2 Regular Decision. A decision on which the Members are entitled to vote shall be carried at a meeting of the Members by the affirmative vote of Members holding a simple majority of the Percentage Interests then held by the Members unless a higher percentage requirement is provided for in this Agreement (a "Regular Decision"). 8.3 Major Decision. A Major Decision of Members, when called for in this Agreement, shall be carried at a meeting of the Members by the affhTnative vote of Members holding sixty percent (60%'0) of the Percentage Interests then held by the Members (a "Major Decision"). 8.4 Meeting Of Members. 8.4.1 Meetings. Meetings of the Members, for any purpose or purposes, may be called by the Manager (or any one Manager if there is more than one) or by Members holding at least fifteen percent (15%) of the Percentage Interests then held by the Members. The Company is not required to hold annual meetings of Members. Meetings of the Members may be held in person or by conference call or by any combination thereof. 8.4.2 Notice of Meetings. Written notice stating the place and/or conference call number, day and hour of a meeting, and the purpose or purposes for which a meeting is called, shall be delivered not less than five (5) nor more than twenty (20) days before the date of the meeting, either personally or by mail, by or at the direction of the Members or Manager calling the meeting, to each Member entitled to vote at such meeting. If mailed, written notice shall be deemed effective when mailed, if mailed first class postage prepaid addressed to a Member at the Member's address shown on the records of the Company at least seven (7) days before the meeting. 8.4.3 Place of Meetings. Any place, either within or outside the State of Washington, may be designated as the place for any meeting of Members; provided that all such meetings shall be held within King County, Washington, unless a different location is selected by a Regular Decision. If no designation is made, the place of meeting shall be the principal office of the Company. 8AA Quorum. A majority of the Percentage Interests then held by the Members represented in person, telephonically or by proxy shall constitute a quorum at any meeting of Members. In the absence of a quorum at any such meeting, a majority of the Percentage interests held by Members so represented may adjourn the meeting from time to time for a period not to exceed sixty (60) days without further notice. However, if the adjournment is for more than sixty (60) days, or if after the adjournment, a new date is fixed for the adjourned meeting, a notice of the adjourned meeting shall be given to each Member of record entitled to vote at the meeting. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted ioo2eeB26.5J LINT= LIABILITY COMPANY AGREEMENT PAGE 7 at the meeting as originally noticed. The Members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal during such meeting of the Percentage Interests whose absence would cause less than a quorum. 8.4.5 Proxies. At all meetings of Members a Member may vote in person, telephonically or by proxy executed in writing by the Member. Such proxy shall be filed with the Manager before or at the time of the meeting. No proxy shall be valid after eleven (l l) months from the date of its execution, unless otherwise provided in the proxy. 8.4.6 Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents describing the action taken, signed by Members (in person or by proxy), holding the requisite percent of the Percentage Interests held by the Members to take such action under the terms of this Agreement (far example, two-thirds of the Percentage Interests held by the Members to take action on a Major Decision). The record date for determining Members entitled to vote shall be the date the first Member signs a consent. Action taken by consent is effective when consents representing the requisite percent of the Percentage Interests held by the Members are in the possession of the Company, unless the consent specifies a later effective date. Such consent shall have the same force and effect as a vote at a meeting of Members and may be described as such in any amendment to the Certificate of Formation or other document filed with the Secretary of State of the State of Washington. 8.4.7 Waiver of Notice. When any notice is required to be given to a Member, a waiver thereof in writing signed by the Member entitled to such notice, whether before, at, or after the time stated therein, shall be equivalent to the giving of such notice. The attendance of a Member at a meeting shall also constitute a waiver of notice of such meeting, except when a Member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 8.4.8 Record Date. For the purpose of determining Members entitled to notice of or to vote at any meeting, the date on which the notice of meeting is mailed, shall be the record date for such determination. When a determination of Members entitled to vote at any meeting of Members has been made as provided in this paragraph, such determination shall apply to any adjournment thereof. 9. MANAGEMENT, INDEMNIFICATION AND ACCOUNTING MATTERS. 9.1 Management By Manager. The business and affairs of the Company shall be managed by two Managers, who need not be Members. The Members hereby appoint Paul N. Joos and Desnee Joos as the initial Managers of the Company who by executing this Agreement accept such appointment and shall serve until their successors are elected and qualified. If either Paul N. Joos or Desnee Joos resign or are otherwise unable to serve as Manager, then the other shall serve as the sole Manager. If both Paul N. Joos and Desnee Joos resign or are otherwise unable to serve as Manager, then there shall again be two Managers. So long as Paul N_ Joos and Desnee Joos are the Managers, the signature of a single Manager shall bind the Company in the same manner as the signature of both Managers. If Paul N. Joos and Desnee Joos are not the Managers, then the signature of both Managers (if there are two Managers) (0028582&5 E Lmrrm LL4 m= COMPANY AGREEMENT PAGE 8 shall be required to bind the Company unless a single Manager has been expressly authorized in writing to act on behalf of the Company without the signature of the other Manager. Only the Managers and agents of the Company authorized by the Managers shall have the authority to bind the Company. No Member who is not either a Manager or otherwise authorized as an agent shall take any action to bind the Company, and each Member shall indemnify the Company for any costs or damages incurred by the Company as a result of the unauthorized action of such Member. References in this Agreement to "Manager" shall be deemed to include a reference to "Managers" during such tomes as there is more than one Manager of the Company and visa versa during such times as there is only one Manager of the Company. Subject to the other provisions of this Agreement and without limiting the authority granted to the Managers in this Agreement, the Managers are authorized, on behalf of the Company, to: 9.1.1 Acquire, develop into a "pad ready" site, manage, and operate the Property; 9.1.2 Borrow funds to purchase and develop the Property into a "pad ready" site, in an amount not to exceed two million five hundred thousand dollars ($2,500,000) in the aggregate, including a construction loan and refinance of the construction loan with "permanent" financing; 9.1.3 Borrow additional funds to construct buildings on the Property in accordance with a development plan to be determined; 9.1.4 Open bank accounts in the name of the Company, and the Managers shall be the sole signatories thereon, unless the Managers determine otherwise; 9.1.5 List the Property for sale; 9.1.6 Sell the Property; 9.1.7 Execute (on the condition that any required decision of the Members has been made properly under this Agreement) instruments and documents, including without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company's property, assignments, bills of sale, leases, partnership agreements, operating agreements of other limited liability companies, property management agreements, construction and architect contracts and any other instruments or documents necessary, in the opinion of the Manager, to carry out the business of the Company; and 9.1.8 Do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business. 9.2 Signiiicant Transaction. The Manager shall have no authority to do any of the following ("Significant Transactions") without approval by a Major Decision of the Members: 9.2.1 Engage the Company in any endeavor or business other than the Property; 100296826-51 LiMrrED LiAimm ComPANY AGREEMENT PAGE 9 9.2.2 Borrow any funds on behalf of the Company (other than trade payables incurred in the ordinary course of business); 9.2..3 Loan funds of the Company to any person; 9.2.4 Call for any additional Capital Contributions from the Members in excess of those provided for under Section 5.5; Without the unanimous consent of the Members, the Manager shall not have the authority to: 9.2.5 Do any act in contravention of this Agreement, as amended from time to time; 9.2.6 Do any act which would make it impossible to carry on the ordinary business of the Company, except as otherwise provided in this Agreement; 9.2.7 Confess a judgment against the Company or enter into any agreement in settlement of any proceeding by or against the Company; 9.2.8 Permit the possession of Company property, or assign rights in specific Company property for other than Company purposes; 9.2.9 Transfer, hypothecate, compromise, or release any Company claim in excess of Fifty Thousand Dollars ($54,000), except on payment in full; 9.2.10 Make my distribution of cash or other property to the Members, other than as provided in Section 7; 9.2.11 Loan Company fiends or assets to any Member or Manager. 9.3 Term, Removal and Replacement of Manager. The Manager shall serve until the earlier of the Manager's resignation or removal. Any Manager may be removed by Major Decision without cause. A replacement Manager shall be selected by a Regular Decision of the Members. 9.4 Compensation of Manager. The Manager shall not be entitled to any management fee. The Manager shall be entitled to reimbursement by the Company of any out-of-pocket expenses incurred by the Manager in the course of performance of the Manager's duties. 9.5 Manager's Standard of Care. The Manager shall be required to devote only such time and effort to the business and internal affairs of the Company as the Manager determines, in its business judgment, may be reasonably necessary to manage and operate the Company. A Manager's duty of care in the discharge of the Manager's duties to the Company and the other Members is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. In discharging its duties, a Manager shall be fully protected in relying in good faith upon the records required to be maintained under this Agreement and upon such information, opinions, reports or statements by any of the Members, or agents, or by any other person, as to matters the Manager reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or IOMNU&5) L mrrEa I.uaasrr CompANY AGREEMENT PAGE 10 on behalf of the Company, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company or any other facts pertinent to the existence and amount of assets from which distributions to Members might properly be paid. 9.6 Indemnification of Manager. The Company shall indemnify and hold harmless the Manager against any liability, loss, damage, cost or expense incurred by the Manager on behalf of the Company or in furtherance of the Company's interests, except where the Manager has engaged in fraud, misconduct, bad faith or gross negligence. However, no Member or other Manager shall have any personal liability for the satisfaction of any required indemnification of the Manager. Any indemnification required to be made by the Company shall be made promptly following the fixing of the liability, loss, damage, cost or expense incurred or suffered by a final judgment or any court settlement, agreement or otherwise. In addition, the Company may advance funds to a Manager claiming indemnification under this Section for legal expenses and other costs incurred as a;Qsult of a legal action brought against the Manager if (i) the legal action relates to the performance of duties or services by the Manager on behalf of the Company, (ii) the legal action is initiated by a party other than a Member, and (iii) the Manager undertakes to repay the advanced funds to the Company if it is determined that the Manager is not entitled to indemnification pursuant to the terms of this Agreement. 9.7 Accounting Period. The Company's accounting period shall be the calendar year. 9.8 Records, Audits and Reports. The Company shall maintain records and accounts of all operations and expenditures of the Company. At a minimum the Company shall keep at its principal place of business the following records: 9.8.1 A list setting forth the full name and last known mailing address of each current and past Member; 9.8.2 A copy of the Certificate of Formation and all amendments thereto; 9.8.3 A copy of this Agreement and all amendments hereto; 9.8.E A copy of the Company's federal, state, and local tax returns and reports, if any, for the three most recent years; and 9.85 A copy of the Company's financial statements for the three most recent years. 9.9 Manager's Reports. The Manager shall send at Company expense to each Member, within seventy-five (75) days after the end of each fiscal year of the Company, such information as shall be necessary for the preparation by such Member of such Member's federal income tax return which shall include a computation of the distributions to such Member and the allocation to such Member of net income or net loss as the case may be. (0028682651 T imrrED LLkBn= COMPANY AGREEMENT PAGE I I 10. TRANSFERABILITY. 10.1 General. Except as otherwise expressly provided in this Agreement, no Member shall have the right to: 10.1.1 sell, assign, transfer, exchange or otherwise transfer for consideration, (collectively, "Sell" or "Sale"), 10.1.2 gift, bequeath or otherwise transfer for no consideration whether or not by operation of law (collectively "Gift"), all or any part of its Percentage Interest. Each Member hereby acknowledges the reasonableness of the restrictions on Sale and Gift of Percentage Interests imposed by this Agreement. Accordingly, the restrictions on Sale and Gift contained herein shall be specifically enforceable. No attempted Sale or Gift of any Percentage Interest not in accordance with the terms of this Section 10 shall be valid or reflected on the Company's books. Furthermore, any Sale or Gift of an interest in any entity (such as a partnership, limited liability company, or corporation) which is a Member, that would violate the restrictions in this Agreement if the Sale or Gift was a Sale or Gift of a Percentage Interest, shall be treated as a Sale or Gift of that portion of the Percentage Interest owned by such Member corresponding to the portion of the interest in the Member that is the subject of the Sale or Gift and the amount of consideration allocable to such portion of the Member's Percentage Interest shall be determined by the Manager. 10.2 First Refusal Rights on Proposed Sale. 10.2.1 Notice. A Member ("Selling Member") desiring to Sell all or any portion of its Percentage Interest ("Interest") to a third party purchaser shall obtain from such third party purchaser a bona fide written offer to purchase such Interest, stating the terms and conditions upon which the purchase is to be made and the cash consideration offered therefor. Such Selling Member shall give written notice to the Company and the remaining Members of its intention to so transfer such Interest. Such notice shall set forth the complete terms of the written offer to purchase and the name and address of the proposed third party purchaser. The notice must contain all the material terms relating to the purchase and sale, the consideration must be entirely monetary and the offer must require that the transferee be bound by all the terms and conditions of this Agreement and that the purchase and sale is contingent upon approval of the Company's lenders, if such approval is required by the terms of loan documents. 10.2.2 Purchase Procedures. Each purchase of Interests from the Selling Member by the Company or the remaining Members pursuant to this section shall be made in accordance with the following terms and conditions: 10.2.2.1 first Option to Company. The Company, by a Regular Decision, shall have the first right to purchase all or part of the Interests proposed to be sold by the Selling Member at the price and on the terms set forth in the offer, by mailing notice to the Selling Member and the 100286826-51 Lmrrm LIABli Ty CGMPANY AGREEMENT PAGE 12 remaining Members within thirty (30) days after receipt of such notice, stating that the Company agrees to purchase all or part of the Interests proposed to be sold by the Selling Member. 10.2.2.2 Second Option to Members. If the Company does not exercise its first right to purchase all or any part of the interests proposed to be sold by the Selling Member, the remaining Members shall have the option to purchase all or any part of the Interests that the Company elected not to purchase, at the same price and on the same terms such Interests could have been purchased by the Company. The remaining Members may exercise this right to purchase by giving the other Members and the Company written notice, within twenty (20) days after the Company's right to purchase has terminated, specifying the number of Interests that each Member elects to purchase. The failure of a remaining Member to so notify the other Members and the Company of its desire to exercise its right to purchase within said twenty (20) day period shall result in the termination of such Member's option rights. 10.2.2.2.1 Within ten (10) days after expiration of the twenty (20) day period specified in the preceding paragraph, time Company shall notify those Members electing to purchase of any Interests that the other Members did not elect to purchase. Those Members exercising their purchase rights shall then notify the Company and the other purchasing Members whether they elect to purchase such remaining Interests, which shall be allocated pro rata or allocated in such other manner as the purchasing Members shall agree. If no such notification is received by the Company from such Members in accordance with this paragraph, no Member shall have any further refusal rights. 10.2.2.2.2 If remaining Members have elected to purchase all of the Interests offered by the Selling Member, the Selling Member shall sell such Interests upon the same terms and conditions specified in the notice required and the purchasing Members shall have the right to close the purchase under the terms of their agreement or within thirty (30) days after receipt of notification from the Company that such Members have elected to purchase the Selling Member's Interests, whichever is longer. 10.2.3 Sale to Third Party. If the Company and the remaining Members collectively fail to elect to purchase all of the Interests proposed to be sold by the Selling Member in the manner set forth above, then the Selling Member shall have the right to sell all, but not less than all, of the Interests proposed to be sold on the terms and conditions set forth in such bona fide offer, provided that such sale shall be consummated and time Interests transferred to the offeror within ninety (90) days following the termination of the other Members' rights to purchase. Such transferred Interests shall continue to be subject to the terms of this Agreement and the transferee shall sign a counterpart of this Agreement prior to their transfer. However, if such sale is not completed within ninety (90) days following expiration of the other Members' refusal rights, then the Selling Member shall not be entitled to complete the sale to such third party purchaser and the Selling Member's interests shall continue to be subject to the rights of first refusal set forth in this section with respect to any proposed subsequent transfer. Notwithstanding the foregoing, unless all the other Members unanimously consent in advance in writing, no Member may sell any of its Percentage Interest on or before December 312014. 10.3 Gift to Family. A Member may Gift all or any portion of its Percentage Interest without (00285826-5) LB T ED LLnBxxff COMPANY AGREEMENT PAGE 13 regard to First Refusal Rights set forth above, provided, that the donee complies with the conditions for recognizing a Sale or Gift set forth in Section 10.4 below, and further provided that the donee is either such Member's spouse, former spouse, or lineal ancestor or descendant (including adapted children and stepchildren) ("Family Member"). A partnership, limited liability company, trust or other entity owned solely by or for the benefit of Family Members shall be deemed to also be a Family Member. Upon compliance with the conditions set forth in Section 10.4 below, such Family Member shall be admitted automatically as a substitute Member, without any requirement of consent from the other Members, and Section 10.5 shall not apply. in the event of the Gift of all or any portion of a Member's Percentage Interest to one or more Family Members who are under eighteen (18) years of age, one or more trusts shall be established to hold the gifted interest(s) for the benefit of such Family Members until the Family Members reach the age of at least eighteen (18) years. Notwithstanding the foregoing, unless all the other Members unanimously consent in advance in writing or unless the Gift is by operation of law due to death, no Member may Gift any of its Percentage Interest on or before December 312014. 10A Conditions for Recognizing Sale or Gift. 10.4.1 Upon the Sale or Gift of a Percentage Interest, and as a condition to recognizing the effectiveness and binding nature of any Sale or Gift, the Company shall require the transferring Member and the proposed purchaser, donee or successor -in -interest, as the case may be to complete, execute, acknowledge and deliver to the Company an IRS Form W-9 for the transferee and such other instruments of transfer, assignment and assumption and such other agreements and to perform all such other acts that the Company may deem necessary or desirable to: 10.4.1.1 confirm that the proposed purchaser, donee, or successor -in -interest, has accepted, assumed and agreed to be subject to and bound by all of the terms, obligations and conditions of this Agreement, regardless of whether such person becomes a Member of the Company, by executing the Consent to Be Bound by Limited Liability Company Agreement in the form attached hereto as Exhibit A 14.4.1.2 maintain the status of the Company as a partnership for federal income tax purposes; and 14.4.1.3 assure compliance with any applicable state and Federal laws, including securities laws and regulations. 10.4.2 Any Sale or Gift of a Percentage Interest in compliance with this section shall be effective on such date that the transferor and the transferee both comply with the above conditions for recognizing a Sale or Gift.. The transferring Member hereby indemnifies the Company against any and all loss, damage, or expense (including, without hmitation, tax liabilities or loss of tax benefits) arising directly or indirectly as a result of any transfer or purported transfer in violation of this section. JOW26926-5) J„I mEn UABam ComPANY AGREEMENT PAGE 14 10.5 Transferee Not Member in Absence of Consent. 105.1 Consent of Mernbers. Notwithstanding anything to the contrary in this section, if the Sale or Gift of a Member's Percentage Interest to a transferee or donee who is not either a Family Member, as provided in Section 10.3 above, or a Member immediately prior to the Sale or Gift is not approved in writing by seventy five percent (75%) of the Percentage Interests then held by the non - transferring Members, in their sole discretion, then the proposed transferee or donee shall have no right to participate in the management of the business and affairs of the Company or to become a Member. If the transferee of a Percentage Interest is a trust, limited liability company, or similar entity and the trustee, manager or similar controlling person was a Member immediately prior to the transfer, then such trustee, manager or similar controlling person (so long as he or she continues in that capacity) may exercise the rights of a Member on behalf of the trust, limited liability company, or similar entity without any approval by the non --transferring Members. 10.5.2 Rights of Unadmitted Economic Interest Owner. A person who acquires a Percentage Interest in the Company but is not admitted as a substitute Member shall be entitled only to the allocations and distributions with respect to such Percentage Interest in accordance with this Agreement. Such person shall have no right to any information or accounting of the affairs of the Company, shall not be entitled to inspect the books or records of the Company, and shall not have the right to vote or any other of the rights of a Member under the Act or this Agreement. Such person shall be required to make additional Capital Contributions approved by the Members in proportion to such person's Percentage Interest. 10.6 Encumber or Pledge. No Member may directly or indirectly encumber all or any part of its Percentage Interest in the Company without the prior written consent of seventy five percent (75%) of the Percentage Interests then held by the other Members. In the event that any Member, after obtaining the consent described above, pledges or otherwise encumbers any of its Percentage interest in the Company as security for repayment of a liability, any such pledge or hypothecation shall be made pursuant to a pledge or hypothecation agreement that requires the pledgee or secured party to be bound by all the terms and conditions of this section. 11.1 Inspection of Records. Upon reasonable request, each Member shall have the right to inspect and copy at such Member's expense, during ordinary business hours, the records required to be maintained by the Company pursuant to this Agreement or the Act. 11.2 Members' Rights to Participate in Management. Except as otherwise expressly provided to the contrary in this Agreement, the non -manager Members shall have no voice in, nor take any part in, nor interfere with, the conduct, control or management of the business of the Company in their capacity as Members, nor shall the non -manager Members have any authority or power to act for the Company, or to bind the Company in any respect whatsoever, but all such authority shall reside in the Manager(s). 10=692") t. mrrm UASIim ComPANY AGREEMENT PAGE 15 12. DISSOLUTION. Notwithstanding any contrary provision of the Act, the Company shall continue and not dissolve as a result of an event of dissociation of any Member. In other words, the death, retirement, resignation, expulsion, or bankruptcy of a Member or the occurrence of any other event of dissociation which otherwise terminates the continued membership of a Member in the Company under RCW 25.15,130 shall not result in the dissolution of the Company. The Company shall, however, be dissolved upon (i) the sale or other disposition of all or substantially all of the assets of the Company or (ii) the written agreement of the Members by a Regular Decision. Upon dissolution, the Managers shall immediately proceed to wind up the affairs of the Company. The Managers shall sell or otherwise liquidate all of the Company's assets as promptly as practicable and shall apply the proceeds of such sale and the remaining Company assets in the following order of priority: 12.1. Payment of creditors, including Members and Managers who are creditors, in satisfaction of liabilities of the Company, other than liabilities for distributions to Members; 12.2. Establishment of reserves that the Managers deem reasonably necessary for contingent or unforeseen obligations of the Company and, at the expiration of such period as the Managers shall deem advisable, the balance then remaining in the manner provided in Section 12.3 below; 12.3. By the end of the taxable year in which the liquidation occurs (or, if later, within ninety (90) days after the date of such liquidation), to the Members the remaining positive balances of their respective Capital Accounts in proportion to such Capital Account balances, as determined after taking into account all Capital Account adjustments for the taxable year during which the liquidation occurs; and 12.4. Finally, any remaining amounts shall be distributed to Members in proportion to their Percentage Interests, except that amounts otherwise distributable hereunder to any Member with a negative Capital Account shall first be allocated to the other Members without negative Capital Accounts in an amount equal to such negative balance, and distributed among such Members pro rata in accordance with their respective positive balances of their Capital Accounts, until reduced to zero. The Manager shall be authorized to execute and file with the Secretary of State, on behalf of the Company, a certificate of dissolution in accordance with RCW 25.15.273. After the filing of the certificate of dissolution, the Manager shall also be authorized to dispose of known claims against the Company in accordance with RCW 25.15.298. Upon filing of the certificate of dissolution, the existence of the Company shall cease, except as otherwise provided in the Act. iTc�1�1 ����i;t t� ��l[1TI���1� yCY���1�1��3 � ��►17i•���Iel=a���l 13.1 Other Business Activity of a Member or Manager. This Agreement shall not preclude a Member, Manager or any affiliate of either, from engaging, directly or indirectly, in any other business, including, but not limited to, any business which is similar to the business of the Company, or results in direct or indirect competition with the Company. Neither the Company nor any Member shall have any right to participate in any manner in the income earned by or accruing to a Member, Manager or any affiliate of either, from the conduct of any other business. loon W6-sy LIMrrFm UABLm COMPANY AGREEMENT PAGE 16 13.2 Business Activity With a Member or Manager. This Agreement shall not preclude the Company from engaging a Member, Manager or any affiliate of either, to perforin services for the Company, so long as the compensation paid for the services is reasonably commensurate with that charged by outside third parties for similar services. This Agreement shall not prevent any Member, Manager or any affiliate of either, from making secured or unsecured loans to the Company. 14. POWER OF ATTORNEY. To facilitate the simple operation of the Company's business and to avoid frustration of the purposes of the Company by minority Members refusing to cooperate to enforce this Agreement, each Member names the Manager as the Member's attorney-in-fact, and gives the Manager (on the condition that any required decision of the Members has been made properly under this Agreement) full power and authority, in the place of the Member, to file and record: (1) any amendment to the Certificate of Formation of the Company, (2) any documents of any kind required by any state in which the Company is doing business, (3) any other documents deemed advisable by the Manager, (4) any documents required to continue the Company, admit additional or substituted Members, or dissolve or terminate the Company or any interest in it, (5) any documents required to obtain or settle any loan, and (6) any documents which may be required to transfer any Company assets. The power of attorney granted under this Section: (1) is a power coupled with an interest; (2) is irrevocable and survives the Member's incompetency; (3) may be exercised by any Manager by a facsimile signature or by listing all of the Members executing the instrument with a signature of the Manager as the attorney-in-fact for all of them; and (4) survives the assignment of the Member's interest, and empowers the Manager to act to the same extent for such successor Member. 15. AMENDMENTS. 15.1 By Members. This Agreement may be amended by a Major Decision of the Members, provided that in no event may an amendment affect allocations of profits or losses, the distribution of cash flow, the Capital Account or rights on dissolution of a Member, or materially alter the economic benefits of this Agreement to a Member, except upon the written agreement of all of the affected Members. 15.2 Amendment by Manager. In addition to any amendments otherwise authorized herein, this Agreement may be amended from time to time by the Manager without the consent of any of the Members (i) to add to the duties or obligations of the Manager or surrender any right or power granted to the Manager herein; (ii) to cure any ambiguity, correct or supplement any provision herein which may be inconsistent with any other provision herein, or correct any printing, stenographic or clerical errors or omissions, in order that this Agreement shall accurately reflect the agreement among the Members hereto, and (iii) to amend this Agreement to provide the necessary information regarding any new Manager, substituted Members or additional Members. 16. REPRESENTATIONS AND WARRANTIES. 16.1 Representations and Warranties. Each Member represents, covenants and warrants with the other Members that such Member: [00286826.3] Lu4rrED 1.IAaury COMPANY AGREEMENT PAGE 17 16.1.1 Has full right, power, and authority to execute and deliver this Agreement; 16.1.2 Has taken all action necessary to constitute this Agreement as such Member's valid and binding obligation enforceable in accordance with its terms; 16.1.3 Is not subject to any restriction or agreement which prohibits or would be violated by the execution and delivery hereof or the consummation of the transactions contemplated herein or pursuant to which the consent of any third person, firm, or corporation is required in order to give effect to the transactions contemplated herein; and 16.1.4 Shall take all such other action as shall enable them to remain a Member in the Company and perform their obligations hereunder. 16.2 Investment Representations. Each Member hereby confirms the interest in the Company has been acquired for such Member's own account, for investment and not with a view to the resale or distribution thereof and may not be offered or sold to anyone unless there is an effective registration or other qualification relating thereto under all applicable Securities Acts or unless such Member delivers to the Company an opinion of counsel, satisfactory to the Company, that such registration or other qualification is not required. 17. TAX MATTERS. 17.1 Designation as Tax Matters Partner. Joos Family LLC shall be the "Tax Matters Partner" of the Company for purposes of Code Section 6221 et sM. and corresponding provisions of any state or local tax law. The Tax Matters Partner shall take such action as may be necessary to cause each of the Members to become a "notice partner" within the meaning of Code Section 6223. The Tax Matters Partner may not take any action contemplated by Code Sections 6223 through 6230 without the consent of the Members by a Regular Decision. 17.2 Expenses of Talc Matters Partner. The Company shall reimburse the Tax Matters Partner for all reasonable expenses, including legal and accounting fees, claims, liabilities, losses and damages incurred in connection with any administrative or judicial proceeding with respect to the tax liability of the Members attributable to the Company. The payment of all such expenses shall be made before any distributions are made to Members or any discretionary reserves are set aside by the Company. Neither the Tax Matters Partner nor any Member shall have any obligation to provide funds for such purpose. The provisions for exculpation in this Agreement shall be fully applicable to the Manager acting as Tax Matters Partner for the Company. 17.3 Tax Elections. No election shall be made to exclude the Company from the application of the provisions of Subchapter K of the Code or from any similar provisions of state tax laws. If a Percentage Interest is transferred, a Member dies, or Company assets are distributed to a Member, the Manager(s) may, in their sole discretion, cause the Company to elect to adjust the basis of the Company's assets for federal income tax purposes under Code Sections 734 and 754, as they may be amended from time to time. [OOnUabs[ 1. m ED UABiI.rr1C COMPANY AGREEMENT PAGE 18 18. MEDIATION AND ARBITRATION OF DISPUTES. In the event that any disputes arise regarding the interpretation or enforcement of this Agreement, such disputes shall be resolved as follows: 18.1 The parties shall fust attempt to resolve them by good faith negotiations. If any disputes cannot be resolved by direct negotiations within fifteen (15) days or such longer time as is mutually agreed by the parties, then the parties shall submit such disputes to mediation, which shall focus on the needs of all concerned parties and seek to solve problems cooperatively, with an emphasis on dialogue and accommodation. The goal of the mediation shall be to fairly resolve each dispute in a manner which preserves and enhances the parties' relationships. Any party desiring mediation may begin the process by giving the other party a written request to mediate which describes the issues involved and invites the other party to join in naming a mutually agreeable mediator and setting a timeframe for the mediation meeting. The parties and the mediator may adopt any procedural format that seems appropriate for the particular dispute. The contents of all discussions during the mediation shall be confidential and non- discoverable in subsequent arbitration or litigation, if any. If the parties can agree upon a mutually acceptable resolution to the disagreement, it shall be reduced to writing, signed by the parties, and the dispute shall be deemed resolved. The costs of mediation shall be divided equally among the parties to the dispute. 18.2 If any dispute cannot be resolved through mediation, or if any party refuses to mediate or to name a mutually acceptable mediator or establish a timeframe for mediation within a period of time that is reasonable considering the urgency of the disputed matter, or fails to agree to procedures for the mediation, then any party who desires dispute resolution shall seek binding arbitration as hereinafter provided. 1$.3 All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration at Seattle, Washington. Within twenty (20) days of receiving written demand for arbitration, the parties involved in the dispute shall attempt to reach agreement upon the selection of a qualified impartial arbitrator. If the parties cannot agree upon an arbitrator within twenty (20) days from the date written demand for arbitration is served, the party demanding arbitration may commence an action for the limited purpose of obtaining appointment of an arbitrator by the Presiding Judge of the Superior Court of the State of Washington for King County. Any arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect, although the arbitration need not be conducted under the auspices of the Association. Any arbitration award may be enforced by judgment entered in the Superior Court of the State of Washington for King County. A LEGAL COUNSEL. This Agreement has been prepared by Montgomery Purdue Blankinship & Austin PLLC ("MPBA") at the request of Joos Family LLC and the Managers Paul N. Joos and Desnee Joos (collectively "Joos"). MPBA represents Joos both in connection with the Company and other matters. MPBA will provide legal counsel to Joos as requested in the purchase, financing, development, leasing, management, and eventual sale of the Property, and any other legal matters deemed necessary by Joos. MPBA will represent the Company at the request of and as directed by the Managers Paul N. Joos and Desnee Joos in the Company's dealings with third parties such as the seller of the Property, lenders and tenants. Notwithstanding that MPBA does not represent any of the Members other than Joos Family (00785826-51 LIMrrED UkBuirY COMPANY AGREEmF-NT PAGE 19 LLC, costs incurred by the Managers with respect to MPBA's services in connection with the formation and operation of this Company and the acquisition, financing, development, leasing, management and We of the Property, shall be an expense of the Company. MPBA DOES NOT REPRESENT NW M&M Holdings, LLC, Westar Holdings, LLC, Michael Chaffeur, Darci Chaffeur, Randall S. Goodwin or Sherri L. Goodwin ("Non -Zoos Members"). The Non -Joos Members each consent to MPBA's representation of only the interests of Joos with respect to this Agreement, the Company and the Property and all related matters, including without limitation in matters adverse to the Non -Joos Members, and waive any conflict of interest with respect to such representation. The Non Joos Members understand and agree that information acquired by MPBA in the course of MPBA's representation of Joos is confidential and cannot be disclosed by MPBA without the consent of Joos. Joos' consent to such disclosure does not waive Joos' right to withhold Joos' consent to future disclosures. The Non -Joos Members are advised to seek independent legal counsel with regard to their participation in the Company. 20. MISCELLANEOUS. 20.1 Waiver. The failure of any party hereto to insist upon strict performance of any of the covenants and agreements herein contained, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of performance of any covenant or agreement, or of any such option or right, but the same shall be and remain in full force and effect. 20.2 Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 20.3 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected, and shall be enforceable to the fullest extent permitted by law. 20.4 Heirs, Successors and Assigns. Each of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 20.5 Creditors/Third Parties. None of the provisions of this Agreement shall be deemed or construed to be for the benefit of or enforceable by any creditors of the Company or any persons other than the Members. 20.6 Governing Law. This Agreement shall be governed by the internal laws of the State of Washington. (00M6Na5 ) Limrrnn L[nausrr ComPANY AGREEMENT PAGE 20 The undersigned hereby agree to act and accept their responsibilities as Managers under this Agreement as of April 5, 2012: r [MEMBER SIGNATURES ON FOLLOWING PAGES] 1002969260 Lavn'rBD DABIiiI'Y Com?ANY AGREEMENT PAGE 21 Cedar River Station LLC Agreement of Limited Liability Company Sip,nature Page JOOS FAMILY LLC, a Washington limited liability company By: Paul N. Joos, Dated: Joa2968264) LIMITED LIABH= COMPANY AGREEMENT SIGNATURE PAGE Cedar River Station LLC Agreement of Limited Liability Company Signature Pa e NW M&M HOLDINGS, LLC. a Washington limited liability company By: Randall S. Goodwin, T.jauste6 of The Randall S. and Sherri L. Goodwin Revocable Living Trust, Manager Dated:. By 6GuA- Sherri L. Goodwin, Trustee of The Randall S_ and Sherri L. Goodwin Revocable Living Trust, Manager Dated:. Randall S. Goodwin and Sherri L. Goodwin hereby personally, jointly and severally, irrevocably and unconditionally guarantee the timely performance of all of the obligations of N1W M&M Holdings, LLC under the terms of this Agreement: Randall S. Goodwin Dated: ' 6 r IOD286826-51 LimUEDDABu,try COMPANY AGREEMENT Sherri L. Goodwin Dated: 15-1 U `/2. SIGNATUE PAGE Cedar River Station LLC Agreement of Limited Liability Company Signature Page WESTAR HOLDINGS, LLC, a Washington limited liability company By: By: �-�-�- Print Name: r v acne: DA2C1 C 1-I�TFF�u I� Its: M _ its: MEMBER - Dated: 5 -LLP -2012 Dated: 5 -IU -7 -012 - Michael -Ito -7 -022 - Michael Chaffeur and Darci Chaffeur hereby personally, jointly and severally, irrevocably and unconditionally guarantee the timely performance of all of the obligations of Westar Holdings, LLC under the terms of this Agreement: ME 11. MA (359-6 Chaffeur S- Dated: S 4 � - 12 --- -- Jam) UmnED LiABurry COMPANY AGREEMENT Dated: 6- 110- 2D i I SIGNATURE PAGE EXHIBIT A ,Members, Percentage Interests, and Initial Capital Contributions Name and Address Percentage Interest Initial Capital Contribution Joos Family LLC 609 $600,000 4057 Williams Avenue North Renton, Washin on 98056 NW M&M Holdings, LLC 20% $200,000* 11290 SE 294`h Street Auburn, Washington 98092 Westar Holdings, LLC 20% $200,000* 13701 SE 253rd Street Kent, Washington 98042 Total 100% $1,000,000 *In respect of in-kind contributions made pursuant to Section 5.3 of this Agreement LnuI= UABum ComPANY AGREEMENT Exmrr A EXHIBIT B Legal Descni fioa LOTS 3 AND 4, TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, OF KING COUNTY SHORT PLAT NUMBER L99S3019, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 20010831900002, RECORDS OF KING COUNTY, WASHINGTON. AN EASEMENT FOR THE RIGHT TO DRAIN STORM OR SURFACE WATER FROM SAID PREMISES ONTO THE NORTHERLY ADJOINING PROPERTY, AS RESERVED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 8804140316. (OUZS 826-51 Lmr ED LmBnm COMPANY AGENT Domrr B EXHIBIT D CONSENT TO BE BOUND BY LIMITED LIABILITY COMPANY AGREEMENT OF CEDAR RIVER STATION LLC In consideration of the issuance, sale, pledge, or other transfer to the undersigned of a Percentage Interest in Cedar River Station LLC, a Washington limited liability company, the undersigned hereby consents to and agrees to become a party to and be bound by�he Limited Liability Company Agreement of Cedar River Station LLC dated as of April 0—, 2012, as amended, receipt of a copy of which is hereby acknowledged, as fully as if he, she or it were one of its original parties, and the Percentage Interest owned by the undersigned shall be held in accordance with and restricted by the terms of such Agreement. 2Q1� 10=6826-4 1 UaMD L A9II..rrY COMPANY AGREEMENT By: A%, Iv cam. Its: Bxmrr D PREAPPLICATION MEETING FOR CEDAR RIVER STATION PREAPP 2012 SEC OF 152ND AVE SE AND MAPLE VALLEY HWY CITY OF RENTON Department of Community and Economic Development Planning Division C41, o �'ldr�r�in Renton PRE12-043 g Divi,'©n June 21, 2012 Contact Information: Planner: Vanessa Dolbee Public Works Reviewer: Jan Illian Fire Prevention Reviewer: Corey Thomas Building Department Reviewer: Craig Burnell Phone: 475-430-7314 Phone: 475.430.7216 Phone: 475.430.7024 Phone: 425.430.7290 DEC - 3 2012 nec'Rgv ADD Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager (planner) to have it pre- screened before making all of the required copies. The pre -application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community and Economic Development Administrator, Public Works Administrator and City Council). DEVELOPMENT SERVJC CITY r7P TO: Gonstructian 5ervi s, .Edonomic Development, fire Prevention,' roject Planner ; FROM: Neil Watts, Development Services DiVisfon Director SUBJECT: New Prelimfnary Applicaflon: ST Z /55CZD 13E LQCAT[Q14: PREAPP N(D. A meeting with'the applicatit ha's-been scheduled for Thursday, l(,ac 2E s.r at 0.00 t4AM (JPM,-in one of the 6P floor confer enpe_roams. ]fthls meeting is scheduled at•10:00 AM, the MEETING MUST BE GONGLUDE D PRIOR TD 11:00 Aff. to allow. Time to prepare for the 11:00 AM. meetfng. Please review the attached project plans prior ta'the scheduled meeting with -the applicant You will*not need to.do a thorough "permit lever review at this, time.. Note only major issues that must be resolved prior to for naf land use and/or building permff application submfttal. Plan Reviewer assigned is Please submit'your wriiien comments to (Planner) at = least two (2) days before the mee�lvg. •Thank you. FIRE & EMERGENCY SERVICES DEPARTMENT City of"k I , M E M O R A N D U M DATE: June 8, 2012 TO: Vanessa Dolbee, Senior Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Cedar River Station The preliminary fire flow requirement is 3,000 gpm based on fully fire sprinklered buildings. Three fire hydrants are required. One fire hydrant is required within 150 -feet of the proposed buildings and two hydrants are required within 300 -feet. Existing hydrants can be counted toward the requirement as long as they meet current code including 5 -inch storz fittings. A water availability certificate is required from Cedar River Water and Sewer District. 2. The fire mitigation impact fees are currently applicable at the rate of $0.52 per square foot of building area. These fees are paid at time of building permit issuance. 3. Both an approved fire alarm system and fire sprinkler system are required throughout both buildings. Separate plans and permits are required to be submitted to the Renton Fire Department for review and permitting. Fire alarm system shall be fully addressable and full detection is required. A direct outside door is required to the fire sprinkler riser control room. 4. An annual place of assembly permit is required for occupancies exceeding 50 persons. 5. Fire department apparatus access roadways are required to be minimum 20 -feet wide fully paved, with 25 -feet inside and 45 -feet outside turning radius. Fire access roadways shall be constructed to support a 30 -ton vehicle with 322 -psi point loading. Access is required within 150 -feet of all points on the buildings. 6. An electronic site plan is required to be submitted to the Renton Fire Department for pre -fire planning purposes prior to occupancy of the building. City of DEPARTMENT OF COMMUNITYeEno�)M�- AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: June 20, 2012 TO: Vanessa Dolbee, Planner FROM: Jan Illian, Plan Review Q11 SUBJECT: Cedar River Station 152°d Ave SE and Maple Valley Hwy PRE 12-043 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision -makers. Review comments may also need to be revised based on site planning and other design changes required by City -staff or made by tthe applicant. -- 1 have completed a preliminary review for the above -referenced proposal. The following comments are based on the pre -application submittal made to the City of Renton by the applicant. Water Water service will be provided by Cedar River Water and Sewer District. A water availability certificate will be required to be submitted with the building permit applications. Sewer Sewer service will be provided by Cedar River Water and Sewer District. A sewer availability certificate will be required to be submitted with the building permit applications. Storm Drainage 1. There is a storm drainage conveyance system in 152"d Ave SE. 2. A drainage plan and drainage report will be required with the site plan application. The report shall comply with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and any special requirements shall be contained in the report. Based on the City's flow control map, this site falls -within the Flow Control Duration Standard, Forested Site Condition. The drainage report will need to follow the area specific flow control requirements under Core Requirement #3. 3. A geotechnical report for the site is required. Information on the water table and soil permeability, with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnical engineer, shall be submitted with the application. Cedar River Station —PRE 12-043 Page 2 of 2 June 20, 2012 4. Surface Water System Development fees of $.405 per square foot of new impervious surface.will apply. This is payable prior to issuance of the construction permit. 5. Applicant will be required to submit separate structural plans for review and approval under a building permit for a storm water vault. Special inspection from the building section is required. 6. A Construction Stormwater Permit from the Department of Ecology is required if clearing and grading of the site exceeds one acre. Transportation/Street 1. Frontage improvements along SR -169 will be required and are subject to design review and approval by WSDOT. This may include, but is not limited to, right -in and right -out driveway(s), dedication of right- of-way for future planned widening of SR -169 to accommodate 8 -foot shoulders and six 12 -foot lanes. If curbs are used, shoulders may be reduced to 4 feet. 2. New sidewalk and planter strip, matching the improvements constructed across the street fronting the New Life Church, will be required along the project side in 152nd Ave SE. 2. Street lighting is required if not already in place. 3. finless amended or terminated, Section 4 of the Developer Extension Agreement for Aqua Barn Ranch, LLC (Recording # 20070307000134) acknowledges that the City agrees that a sum equal to $252,799.50 be credited against the City of Renton's traffic mitigation fees. 4. An updated traffic impact analysis will be required to be submitted for review. General Comments I. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility pians shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Professional Engineer. 2. When the utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, the permit application, an itemized cost of construction estimate, and the application fee at the counter on the sixth floor. H:\CED\PIanning\Current Planning`PREAPPS`12-443.VanessajPlan Review Comments FRE 12-043.doc DEPARTMENT OF COMMUNITY D City of AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: June 21, 2012 TO: Pre -application File No. 12-043 FROM: Vanessa Dolbee, Senior Planner SUBJECT: Cedar River Station —13043 Renton Ave. S. General: We have completed a preliminary review of the pre -application for the above - referenced development proposal. The following comments on development and permitting issues are based on the pre -application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or -online at www.rentonwa.,gov Project Proposal The subject property is located on the south side of Maple Valley Highway (SR 159) and east of 152"a Avenue SE. The project is comprised of two parcels totaling 3.2 acres in area and is zoned Commercial Arterial (CA). The site is vacant and the applicant is proposing to develop a commercial complex that would include two commercial buildings, Building A and Building B. Building A would be 7,438 square feet with a drive thru and Building B would be 13,513 square feet of general retail uses. Both retail buildings would be located on Lot A. Lot B would contain a future fuel station, not proposed to be developed at this time. Access to the site is proposed in two locations, one access would be off of Maple Valley Highway and the second would be from 152"d Avenue SE. Current Use: The property is currently vacant. Cedar River Station June 21, 2012 Page 2 of 6 Zoning: The project site is zoned Commercial Arterial (CA) and located in the Commercial Corridor Land Use designation. The purpose of the Commercial Arterial Zone (CA) is to evolve from "strip commercial' linear business districts to business areas characterized by enhanced site planning, incorporating efficient parking lot design, coordinated access, amenities and boulevard treatment. it should be noted that there is an existing development agreement for the subject property, this development agreement restricts some uses that are permitted within the CA zone and has prescriptive design regulations that the development shall comply with, in addition to vesting the subject site to eA development standards from January of 2007. A copy of this agreement is attached. The proposed retail with a drive thru, vehicle fueling station, and general retail uses are permitted within the CA zone. Although the development agreement further restricts uses on the subject site. In general, the development agreement does not permit more than four "drive-in/drive-through, retail" uses and no more than two free-standing drive-in/drive-through fast-food restaurant buildings, all fast-food shall have customer seating. Car washes are further restricted by the development agreement to operation hours between 7:00 a.m. and 9:00 p.m., and self-service car washes are not permitted. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). The following standards are based on the citYs 2004 develo ment regulations. as this is the most YRplicable full set of standards available for staff's review. Minimum Lot Size, Width and Depth — There are no minimum requirements for lot size, width or depth within the -CA zone. Lot Coverage — The CA zone allows a maximum building coverage of 65 percent, or 75 percent if parking is provided within a building or within an on-site parking garage. Surface parking is provided therefore the maximum building coverage for this project would be 65 percent. The provided materials indicated that building coverage for Lot A would be approximately 24 percent, which is significantly less the maximum permitted within the CA zone. The applicant will be required at the time of formal land use application to provide a lot coverage analysis and calculations for the subject site. Setbacks — Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: 10 feet minimum for the front yard but may be reduced to zero feet through the site plan review process provided blank walls are not located within the reduced setback. The side yard along a street setback is required to be a minimum of 10 feet. This setback may be reduced to zero through the Site Plan Review process. There is no minimum rear or side yard setbacks unless the project site is adjacent to residential zoned property. The project site abuts a Residential 14 (R-14) zoned property to the south of both Lot A and B and Residential Manufacture Home (RMH) property to the east of Lot B. Therefore, the buildings/structures on this site are subject to an increased setback of Cedar River Station June 21, 2012 Page 3 of 6 15 feet along the south and east property line, but not between the two commercial lots. The proposed side and rear setbacks comply with the CA zone standards. Gross Floor Area — There is no minimum requirements for gross floor area within the CA zone at this location. Building Height — The maximum building height allowed in the CA zone is 50 feet. The applicant provided elevation drawings of the two commercial retail buildings, which would be compliant with CA height requirements. Although, the applicant did not provide height information for the fueling station, and therefore staff could not determine compliance with the CA height requirements for these structures. Heights may exceed the maximum height with a Conditional Use Permit. Building elevations and detailed descriptions of elements and building materials are required with a formal land use submittal and/or building permit application. Screening — Screening must be provided for all surface -mounted and roof top utility and mechanical equipment. The application will need to include elevations and details for the proposed methods of screening. Refuse and Recycling Areas — Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). In retail developments, a minimum of five square feet per every 1,000 square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten square feet per 1,000 square feet of building gross floor area shall be provided for refuse deposit areas. A total minimum area of 100 square feet shall be provided for recycling and refuse deposit areas. Furthermore, outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet of any residential zone property. The applicant has indicated that a modification from this standard would be requested at the time of land use application. if the above requirements cannot be met by the development, the applicant shall submit, with official application, a request for a refuse and recycling modification. This modification request shall include justification as to why the dimensional requirements stipulated above cannot be met. Landscaping -- Except for critical areas, all portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped. The development standards require that all pervious areas within the property boundaries be landscaped. The minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. Pursuant to the development agreement a 15 -foot wide landscape strip shall be required along all street frontages. Unimproved portions of abutting street right-of-way can be used in combination with abutting private property to meet the required 15 -foot Cedar River station June 21, 2012 Page 4 of 6 landscape strip width. The development agreement also stipulates that if the existing trees along the street frontage are not retained, then the 15 -foot wide landscape strip shall include at a minimum, a 30 -inch high berm and 2% -inch caliper Red Maples planted 25 feet on center. A 15 -foot wide landscaped visual barrier is required if the abutting and adjacent properties are zoned residential. A 10 -foot sight -obscuring landscape strip may be allowed through the site plan development review process in addition to other landscape strip modifications as approved by the Administrator. The applicant would be required to provide a 15 foot wide landscape visual barrier along all four sides of the combined commercial site. As proposed the site plan complies with the minimum landscape width requirements. Please refer to landscape regulations (RMC 4-4-070) for further general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-120D.12, shall be submitted at the time of formal land use application and/or building permit. Fences — Per the development agreement, a double-faced and stained 5 -foot high wood fence shall be installed along any unfenced boundaries of the site that abut residential -zoned property. This fence shall provide openings for pedestrian access from the abutting residential properties. The number of openings to the south shall be limited to one for each parcel of commercial development. The location of the fence must be designated on the landscape plans. A fence detail should also be included on the plans as well. Parkin —The parking ratios required of the project depends on the specific uses proposed. Parking calculations for commercial uses must be based on the net area of the building. The subject proposal would meet the City's definition of Shopping Center, which results in a minimum parking standard of 0.4 spaces per 100 square feet of net floor area and a maximum of 0.5 per 100 square feet of net floor area. Parking, Loading and Driveway Regulations can be found in RMC 4-4-080. Based an the gross floor area a maximum 105 parking spaces and a minimum of 84 parking spaces would be required for the development proposed on tot A. The applicant has proposed to provide 108 parking stalls which exceeds the maximum number of parking stalls required for the subject development. Drive-thru facilities shall be so located that sufficient on-site vehicle stacking spaces is provided for the handling of motor vehicles using such facility during peak business hours. Typically, 5 stacking spaces per window are required unless otherwise determined by the Planning Director. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Based on the provided site plan, it appears the drive-thru would meet the minimum stacking requirements. Cedar River Station June 21, 2012 Page 5 of 6 The applicant should be aware that the parking ratio is based on net square footage; the total of all floor area of a building, excluding stairwells, elevator shafts, mechanical equipment room's, interior vehicular parking or loading, and all floors below the ground floor, except when used for human habitation or service to the public. If the proposal provides more or less parking than required by code, a request for a parking modification would need to be applied for and granted. This detailed written request can be submitted before or concurrently with a site plan application. It should be noted that the parking regulations specify standard stall dimensions of 9 feet x 20 feet, compact dimensions of 8334 feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet. No more than 30 percent of the parking stalls are permitted to be compact. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. For one row and two rows of 90 -degree head -in parking using the same aisle in a one way or two way circulation pattern, the minimum width of the aisle shall be 24 feet. Based on the provided site plan it appears the project would comply with minimum dimensional standards for parking stalls and drive aisles. In the requirements for Loading Space Standards, RMC 4-4-080J (enclosed), all buildings shall provide off-street loading space if the activity carried in the building requires deliveries to it of people or merchandise. Loading space is in addition to required off- street parking. Loading docks are not permitted on the site of the lot adjacent to or abutting a residential zone. As proposed the loading dock would be approxamily 20 feet from the R-14 zoned property to the south, which is not compliant with this standard. If the proposal is not able to meet loading space standards a separate request for a modification would need to be applied for and granted. Access — The maximum parking lot and driveway slopes shall not exceed eight percent; the Community & Economic Administrator may approve a parking lot slope greater then eight percent but no more then 15 percent. Driveway widths are limited by the driveway standards, in RMC 4-4-0801. Pedestrian Access—A pedestrian connection shall be provided from a public entrance to the street and internally from buildings to abutting retail properties. Signage -- Only one freestanding business sign (monument/ground, projecting or roof) is permitted per street frontage. Each sign shall not exceed an area greater than one and one-half square feet for each lineal foot of property frontage that is occupied by the business. In no case shall the sign exceed a total of 300 square feet (150 square feet per face). In addition to the permitted freestanding sign, wall signs with a copy area not exceeding 20% of the fagade to which it is applied are also permitted. Per the development agreement, any allowed freestanding signs shall be ground - oriented monument type signs. Pole and rooftop -mounted signs shall be prohibited. Cedar River Station June 21, 2012 Page 6 of 6 Building Design Standards —The development agreement for the subject site has additional specific design regulations. Per the development agreement when the design regulations conflict with sections within Renton Municipal Code, the specifications within this agreement shall prevail. Critical Areas The City of Renton's Critical Areas maps indicate the presence of seismic hazards on the subject site. The seismic hazard is related to potential liquefaction of soils during an earthquake event. A geotechnical analysis far the site is required. The analysis needs to assess soil conditions and detail construction measures to assure building stability. Permit Requirements The proposal would require Hearing Examiner Master Site Plan (Master Site Plan is required per the development agreement), Site Plan approval, Environmental (SEPA) Review, and a Lot Line Adjustment. All permits would be reviewed in an estimated timeframe of 12 weeks. The application fee is $2,000 for Master Site Plan, $1,000 for Site Plan, and $1,000 for Environmental Review and $450 for the Lot Line Adjustment. Please note that all land use permits have an additional 3 percent Technology Surcharge Fee. In addition to the required land use permits, separate construction, building and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of arty appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction fees, mitigation fees would be applicable to the site. Impactfees,_ which would re lace miti ation fees, may be adopted prior to building permit approval for which an applicant may vest to impact/mitigation fees. Those fees have yet to be determined. Currently fees are the following: ♦ A Transportation Mitigation Fee based on $75.00 per new daily trip attributed to the development; and ♦ A Fire Mitigation Fee based on $0.52 per square foot of new non-residential area (excluding structured parking areas). A handout listing all of the City's Development related fees in attached for your review. cc: Jennifer Henning { G m o $ y ami rJ a °' ❑ J m Z z h O en s~ 0 .y u W U a } imp C 0 O i s± J ! mu 0. � m _ ❑ _�cm ul CD mCL❑ imE CL � ! �e . i A m 0 1 - Cd) CL 00 ti' '„► '".",•� ,.� -- - , t �:Yt. , P't"- ¢moi LL ffjjffJJ r'..r1 f 1 i yy11 li �+ ,, .� � ,�j N I � F Q- tr `a.-� y ,�� •t �i %gal F7 -14 T23N R5E W 1/2 ZONING MAP BOOK 1117 - 26 T23N R5E W 1/2 PW TECHNICAL SERVICES - PRINTED ON 11/13/09 pwlbetl bsRwi MW -'L W i WM M 200 400 lli� Iwp W IiFn+C b dI dVIM'�Wd�+�A 0 RC 3y. 08-i 3 _ RMH _...._ RC 9.a R-14 RC RMH _ R-14 - - RC jr ZONING MAP BOOK 1117 - 26 T23N R5E W 1/2 PW TECHNICAL SERVICES PRINTED ON 11/13/09 pwlbetl bsRwi MW -'L W i WM M 200 400 lli� Iwp W IiFn+C b dI dVIM'�Wd�+�A 0 01W, Feet uF`} 1:4.800 G7 23 T23N R5E W 112 5323 Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton, Washington 98055 Please nrint or tvoe information . . . . . . . . . . . 20070307000134 CITY OF RENTON AG 40.00 PAGE002 OF 024 03/07/2007 09:22 KING COUNTY, UA Document 'T'itle(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. DEVELOPMENT AGREEMENT Reference Nulanber(s) of Related Documents: NIA Grantor(s) (Last name, first name, initials) 1. AQUA BARN RANCH, INC., a Washington corporation 2. Additional names on page of document. Grantee(s) (Last name fust, then first name and initials) 1. CITY OF RENTON, a municipal corporation of the State of Washington Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) LOTS 3 AND 4 OF KING COUNTY SHORT FLAT NUMBER L99S3019 (AFN 20010831900002) Additional legals are on Pace 1 of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 2323059210 and 2323059211 The Audhor)Recorder will rely on the information provided on the form. The staff will not read the document to verify the amuraEy or com leteness of the indexing information provided herein. DEVELOPMENT AGREEMENT PAR'T'IES This Development Agreement (this "Agreement") is made and entered into effective this I" day of December, 2006 by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and AQUA BARN RANCH, INC., a Washington corporation, the owner of the parcel of property within the area covered by this Agreement ("Owner"). r-flardlin"W WHEREAS, the City has initiated processing a Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the property that is now legally described as follows (the "Property"): LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUMBER L99S3019, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 20010831900002, RECORDS OF KING COUNTY, WASHINGTON. WHEREAS, the Property currently lies in unincorporated King County; and WHEREAS, the Property's King County Comprehensive Plan Land Use Map designation is Neighborhood Business Center; and WHEREAS, the Property's King County Zoning Map classification is Neighborhood Business (NB); and WHEREAS, the City has previously recognized the Property's King County Comprehensive Pian Land Use Map designation and Zoning Map classification; and WHEREAS, the Owner and the City both wish to have the Property (a) designated DEVELOPMENT AGREEMENT --Page 1 Corridor. Commercial (CC) on the City's Comprehensive Plan Land Use Map and (b) zoned Arterial Commercial (CA) on the City's Zoning Map, subject to this Agreement; and WHEREAS, on September 20, 2006, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Land Use Map Amendment and Zoning Map Amendment; and WHEREAS, on November 13, 2006, the City Council held a public hearing concerning this then -proposed development agreement; WEEREAS, the City Council has taken into account the public continents presented at the Planning Commission public hearing and at the Council's public hearing; and WHEREAS, on November 27, 2006, the City Council adopted a Planning and Development Committee report concerning the proposed Comprehensive Plan Land Use Map Amendment and Zoning Map Amendment and this then -planned development agreement; WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW, THEREFORE, the parties do agree as follows: SECTION I. AUTHORITY Pursuant to RCW 36.70B. 1 70(l), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTY A. Illustrative Map: The Property is graphically represented in the drawing attached hereto as Exhibit A. B. King County Property Identification Numbers: 2323059210 and 2323059211 SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING SUBJECT TO SITE SPECIFIC LEWrATIONS ON ALLOWABLE LAND USES: DEVELOPMENT AGREEMENT --Page 2 A. Site -Specific Land Use Limitations. The parties hereby agree that, in conjunction with both (1) the Comprehensive Plan Land Use Map Designation described in Subsection B, below, and (2) the Zoning Map classification described in Subsection C, below, the following site-specific land use limitations (the "Site -Specific Land Use Limitations") shall apply: I. The following particular uses ordinarily allowed in the CA zone as set forth in Renton Municipal Code Title IV Section 4-2-070K shall be inapplicable to the Property: (a) The "Natural resource extraction/recovery" use listed under the "AGRICULTURAL AND NATURAL RESOURCES" use category; (b) The "Kennels, hobby" use listed under the "ANIMALS AND RELATED USES" use category; (c) The "Group Homes P' and "Group Homes H for 7 or more" uses listed under the "OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS" use category; (d) The "Other higher education institution" use listed under the "SCHOOLS" use category; (e) The "Adult retail use", "Big -box retail", "Horticultural nurseries", "Retail sales, outdoor", "Vehicle sales, large" and "Vehicle sales, small" uses listed under the "RETAIL" uses category; (f) The "Adult entertainment business", "card rooms", "Dance clubs", "Dance halls", "Not for profit gambling", "Sports arena, indoor", "Sports arena, outdoor" and "Recreation facilities, outdoor" uses listed under the "ENTERTAINMENT AND RECREATION" use category; (g) The "Hotel", "Motel", "Off-site services", `Convalescent centers" and "Medical institutions" uses listed under the "SERVICES" use category; (h) "Body shops", "Express transportation services", "Parking garage, structured, commercial or public", "Parking, surface, commercial or public", "Park and ride, dedicated" and "Transit centers" uses listed under the "VEHICLE RELATED ACTIVITIES" uses category, DEVELOPMENT AGREEMENT—Page 3 (i) "Outdoor storage" and "Self-service storage" uses listed under the "STORAGE" uses category; and 6) All uses listed under the "INDUSTRIAL" uses category. 2. The following particular uses ordinarily allowed in the CA zone as set forth in Renton Municipal Code Title IV Section 4-2-070K shall be allowed on the Property but with the following corresponding special restrictions: (a) "Drive-in/drive-through, retail" uses provided that: (i) Not more than four (4) such uses shall be allowed on the Property (and, if a gas station andlor a car wash is located on the Property, the gas station shall be counted as one of the four uses and the car wash shall be counted as one of the four uses); and (ii) . Not more than two (2) free-standing drive-in/drive-through fast-food restaurant buildings shall be permitted on the Property (each such building to constitute one of the four uses in the limitation set forth under subsection (i), above) and all such fast-food restaurant buildings shall have customer seating; (b) "Vehicle rental, small" use listed under the "SERVICES" use category provided that: (i) The use is included as part of a commercial development; (ii) A maximum of Ifl parking stalls assigned and marked for rental vehicles shall be allowed on the premises; and (iii) The assigned and marked parking stalls shall be considered to be part of the number of total parking stalls otherwise permitted under applicable parking provisions of the Renton Municipal Code (i.e., the parking stalls assigned and marked for rental vehicles shall not be allowed in addition to the total number of stalls otherwise permitted); (c) "Car washes" use listed under the "VEHICLE RELATED ACTIVITIES use' -category provided that (i) hours of operation shall be limited to 7:00 am to 9:00 pm and (2) no self-service washes shall be allowed on the premises; and DEVELOPMENT AGREEMENT—Page 4 (d) "Vehicle repair and service, small" use listed under the "VEHICLE RELATED ACTMT1ES" use category provided that (i) all repair and service be conducted within a building, (ii) the building has a design comparable in quality to that of a Jiffy Lube or Oil Can Henry's' service building. 3. , The design standards set forth on Exhibit B attached, shall apply to commercial development on -the Property. B. Comprehensive Plan Map Designation: The parties agree that, subject to the Site - Specific Land Use Limitations listed in Subsection A above, the Property shall have a Corridor Commercial (CC) Comprehensive Plan Land Use Map designation. C. Zoning: The parties fiirther agree that, subject to the Site -Specific Land Use Limitations listed in Subsection A above, the Property shall have an Arterial Commercial (CA) Zoning classification. SECTION 4. TRAFFIC MITIGATION FEE CREDIT The Owner has submitted to the Renton Development Services Division documentation for the Division's review and consideration of the following facts: (1) Around 2003 (while the Property and two abutting parcels to the south that were also part of the original "Aqua Barts" site were still located in unincorporated King County), a total of $337,066 in private funds (the "Overall Aqua Barn Site's Intersection Contribution") was contributed to the construction of intersection improvements (including a traffic signal and tum lanes among other improvements) at the SR 169/1.52nd Avenue SE intersection (an intersection that lies at the Property's northwest corner) on account of the entire then -proposed "Aqua Barn Mixed -Use Development", a development proposal that entailed both (a) retail development of the Property (which has not been developed yet) and (b) residential development of the two residential parcels to the south (Assessor's Parcel Numbers 232305-9185 and 232305-9209, both of which have subsequently been developed); and (2) According to that certain "Aqua Barn Mixed -Use Development, Supplementary Traffic Impact Analysis" prepared by The Transpo Group dated April 4, 2004, an estimated 75 percent share of total traffic trips expected to be generated from the entire site of the Aqua Barn Mixed -Use Development at the critical PM peak -hour left -turning movement at the northbound to westbound left turn lane of that intersection were expected to be attributable to future development of the Property (the "Property's 75 Percent of Peak Hour Trips Share") while the other 25 percent of such DEVELOPMENT AGREEMENT --Page 5 trips was expected to be attributable to the residential development of the two residential parcels to the south of the Property. The Owner has (a) contended that, in view of the Property's 75 Percent of Peak Hour Trips Share, it is appropriate to attribute 75 percent of the Overall Aqua Barn Site's Intersection Contribution (i.e., 75 percent of the total $337,066 = $252,799.50) to the Property and (b) requested that such amount be credited against City of Renton traffic mitigation fees that will become due upon development of the Property. The Development Services Division has reviewed that documentation and the Owner's contention and request. Based upon the documentation provided by the Owner regarding (i) the funds spent on the intersection improvements and (ii) the previous traffic impact analysis, the Development Services Division has agreed with the documentation, the Owner's contention and the Owner's request and has recommended to the City Council that credit for a 75% share of the. $337,066 funds, expended be granted up to but not to exceed $252,799.50 against City of Renton traffic mitigation fees due upon development of the Property until the credit has been fully expended. Based upon the Development Services Division's recommendation, the City hereby acknowledges and agrees that a sum equal to $252,799.50 shall be credited against City of Renton traffic mitigation fees due upon development of the Property until the credit has been fully expended. This Section. 4 sJ44 uvo.pi'this Agreement OF DEVELOPMENT AGREEMENT I Unless amended or terminated, this Agreement shall be enforceable during its t[Nq by the City and the Owner and the Owner's successor or assigns in interest with respect to Property; provided, however, only the City may enforce the Site -Specific Land Use Limitations. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Agreement unless (a) otherwise provided in this Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of anew or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any developme permit or approval issued by the City for the Property during this Development Agree- term must be consistent with this Agreement. AUTHORITY Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the real property DEVELOPMENT AGREEMENT --Page 6 records of King County. During the term of the Agreement, the Agreement is binding on the parties and their successors. SECTION S. TERM This Agreement shall run with the Property from the date on which this Agreement has been executed by both parties until amended or rescinded by the City Council in accordance with Section 9, below. With respect to any portion(s) of the Property that are not developed, the parties to this Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 9. AMENDMENT The provisions of this Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties hereto, may only be amended with the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of the Property shall be entitled to amend this Agreement from time -to -time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of its normal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 10. DEVELOPMENT OF THE PROPERTY PRIOR TO ANNEXATION This Agreement shall not limit proposed development of the Property vested by application(s) for development approval(s) or permits(s) flied with unincorporated King County prior to the effective date of the City's annexation of the Property. CITY OF RENTON By: --A" Kathy Keolker, Mayor Attest: &r,n t,c. J - Bonnie Walton, City Clerk 1-1;_,2op7 Approved as to Form: Lawrence J. Warren, City Attorney DEVELOPMENT AGREEMENT --Page 7 AQUA BARN RANCH, INC., a Washington corporation By: ette L. Carr, President STATE OF WASHNGTON ) ) ss. COUNTY OF KING } Is I certify that on the day of 244)/KATHY KEOLKER appeared before me and acknowledged that she signed the ent, on oath stated that she was authorized to execute the histrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and: acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and stated that the seal affixed, if any, is the corporate seal of said City. Dated: i'I �&77o p Name t) Signae No Public Title My Appointment Expires STATE OF WASEINGTON ) ) ss. COUNTY OF 1 certify that i know or have satisfactory evidence that JANETTE L. CARR is the person wfio appeared before me and acknowledged that she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as president of AQUA DEVELOPMENT AGREEMENT --Page 8 ' r r• U: r 1 certify that i know or have satisfactory evidence that JANETTE L. CARR is the person wfio appeared before me and acknowledged that she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as president of AQUA DEVELOPMENT AGREEMENT --Page 8 P BARN RANCH, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: L"L Title` � My p ent Expires DEVELOPMENT AGREEMENT --Page 9 CAM232010091Dev Agrmt%Dcv-Agmt PI (DLH 12-1-06).doc AQUA BARN SITE CA ZONE DEVELOPMENT AGREEMENT DESIGN STANDARDS FOR COMMERCIAL DEVELOPMENT Purpose: The intent of the following design standards is to set forth the desired character of future commercial development on the two visually prominent abutting parcels of land totaling approximate three (3) acres and fronting SR 169 on a portion of the former Aqua Barn site. The intent is that any commercial development on either of these two parcels be of a duality that will fit in with its residential and nearby rural surroundings rather than being garish or "Disney -like" in its setting near the urban/rural Urban Growth Boundary. The intent, also, is that both parcels, if developed independently of each other, share common thematic elements such as building forms, materials, signage, and landscaping to the extent reasonably practical in view of the ultimate uses on the parcels. Unless otherwise specified herein, all other relevant code requirements sei forth in Title N shall be met. Standards: 1. Site Master Plan: A site plan for either or both of the two parcels at the time of development shall include information on building type, location, phasing (if any), etc. a. Buildings All proposed buildings shall be identified as to type, size, use, and location. b. Parkin: All proposed parking areas shall be identified as to location, number of stalls, location of drive aisles, points of ingress and egress, lighting, proposed landscaping and pedestrian walkways related to them. c. Open Spares: Common open spaces (if any) and their locations shall be identified, including open spaces such as larger landscape areas, storm retention ponds, etc. d. Pedestrian Features: Proposed pedestrian walkways shall comply with RMC 4- 3-040F.1.e and shall be identified as to location, materials, and what they are connecting or linked to. 2. Common Thematic Elements: Building elements such as those identified below are to be used throughout each of the two parcels to create a unifying architectural statement for the development of each parcel and both parcels when seen from the Renton — Maple Valley Highway (SR 169). a. Materials: Drawings submitted for review and approval' shall identify exterior materials such as masonry or concrete block that will be used on the facades of all buildings; b. Fenestration: Drawings submitted for review and approval shall identify location of openings and types of glazing proposed, including color of glass and frames; c. Roofing: Drawings submitted for review and approval shall identify roofing style (fla4 gabled, pitched, mansard, etc.), material, pitch, and color, and ensure that these are consistent throughout. the development of each parcel; d. Additional Architectural Elements: Drawings submitted for review and approval shalll include type and location of awnings (if any), their proposed materials and color, and all exterior lighting should be shown on all relevant elevations and perspectives. Glass and metal awnings (or awnings of other permanent materials) or overhanging eves shall be provided on all facades visible from public streets. e. Other Architectural Embellishments (if any): Drawings submitted for review and approval shall include decorative roof treatments, decorative lighting, decorative paneling, etc., winch are encouraged and, if proposed, shall be shown in all relevant building elevations and perspectives. f Signa e: Drawings submitted for review and approval shall identify all proposed exterior signage including fagade signs. Any allowed freestanding signs shall be ground -oriented monument type signs. pole and roof top -mounted signs shall be prohibited. 3. Landscaping Along Street Frontages: Landscaping along abutting street frontages shall comply with the following provisions [provisions that are derived from the portion of the table in RMC 43-040D (Development Standards for Uses Located within the Renton Automall Areas A and B) concerning "Landscaping — Street Frontage Landscaping Requirements" for "All Uses in Area A, Dealerships and Related Uses in Area B"]: a. 15 -Foot Wide Landscape Strip Required: A 15 -foot wide landscape strip shall be - required along all street frontages. This is in lieu of requirements in Chapter 4-2 RMC. Unimproved portions of abutting street right-of-way can, be used in a Once "[drawings submitted for review and approval" have been approved by the Renton Development Services Division, unless the approval is appealed and the approval decision is modified,. any development(s) actually constructed shall be consistent with the approved drawings unless drawing revisions consistent with this Exhibit B have been reviewed and approved by the Development Services Division. Notwithstanding RMC 4-9-200D.2.a.ii, no building fagade modifications (such as the location of entrances/exits, changes in materials, fenestration, roofing, additional architectural elements or signage or aesthetic alterations)that relate to the subject matter of this Exhibit B shall be made without the approval of the Development Services Division. 2 combination with abutting private property to meet the required 15 -foot landscape strip width. b. Street Tree Requirements: Unless the existing trees within the 15 -foot wide landscape strip are retained, the landscaping provided in the 15 -foot wide .landscape strip shall include a minimum 30 -inch high berm and 2r/z inch caliper red maples (Acer robrum) planted 25 feet on center. 4. Landscape Materials: Common landscape elements shall be used throughout each of the two parcels to create unifying statement for the development of each parcel. a. Plant Materials: Drawings submitted for review and approval shall identify all proposed living plant materials of a permanent nature including species and size at time of planting. b. Paving Materials: Drawings submitted for review and approval shall identify all paving materials including driveways, parking areas, and pathways. In regard to buildings greater than 5,000 square feet in size, a minimum 8 -foot wide concrete sidewalk with decorative banding shall be provided along the building side(s) abutting parking areas. Such sidewalks shall be raised from the grade of the abutting parking areas a minimum of four inches except for ramps for handicapped access and rolling of shopping carts. c. Exterior Lighting: Drawings submitted for review and approval shall identify all proposed exterior lighting, including parking lot lighting, and decorative lighting along pedestrian corridors. d. Fencin : A double-faced and stained 5 -foot high wood fence shall be installed along any unfenced boundaries of the site that abut residential -zoned property. In order to improve pedestrian access to and from abutting residential properties, openings in the fence shall be provided (not more than one along the south boundary of each of Lots 3 and 4 of King County Short Plat Number L99S3019 and not more than one along the east boundary of said Lot 4). 5. Surface Water Detention Ponds: Surface water detention ponds (if any) shall be screened and landscaped with sight -obscuring evergreen plant materials. Where pond fencing is required, it shall be decorative in appearance and use permanent materials such as metal or decorative concrete block. Landscaping should buffer the exterior of all such fencing or walls. 3 PLANNING DIVISION WAIVE_ OF SUBMITTAL REQUIku-MENTS FOR LAND USE APPLICATIONS I.AN{a .11S P1a41t1'I`UMITTAI. VtifA�/E MC�C�IPfq RQUIREV}E[ BY BY tf GtM M nRraof Calculationsg �] olt�ri Maps'lfnr D�p�a a . 'rh . . Neighborhood Detail Map 4 PV.ADT & LarctSGpii Ar�aljrsts,4, Plan Reductions (PMTs) 4 Post oc A�ovt z37 1 7 7 . 7 7 . . . . . . . . . . . . . . . :... This requirement may be waived by: 1. Property Services PROJECT NAME 2. Public Works Plan Review 243. Building DATE: / Z-7 12- 4. . Planning H:10ED1DatalForrns-Templates\Selt-Help Han doutslPlanninglwaiverotsu6mittalregs.xls 06109 PLANNING DIVISION WAIVER _F SUBMITTAL REQUIRE ENTS FOR LAND USE APPLICATIONS LAND USE PERMl 5i1BIUItT7AL WAkWQDIF€© C4MMEN�S Plat Name Reservation 4 -chis requirement may be waived by: I . Property Services 2. Public Works Plan Review 3. Building . Planning PROJECT NAME:l(iL[ DATE: } 1-10ED1Data\Forms-TemplateslSelf Help HandaufslPiannlnglwaiverofsubmittalregs.xis 06100 City of Renton Of TREE�'ra'longpe RETENTIONs',, WORKSHEET 1. Total number of trees over 6" in diameter' on project site. 1. DEC ko trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 -- trees Trees in proposed public streets —8 trees Trees in proposed private access easements/tracts -- trees Trees in critical areas3 and buffers trees Total number of excluded trees: 3. Subtract line 2 from line 1- 2. trees 3 trees 4. Next, to determine the number of trees that must be retained , multiply line 3 by: 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones r 0.05 in all commercial and industrial zones 4. i trees 5. List the number of 6" or larger trees that you are proposing to retain 4, 5. -& trees 6. Subtract line 5 from line 4 for trees to be replaced: G. trees (It line 6 is less than zero, stop here. No replacement trees are required). 7. Multiply line 6 by 12" for number of required replacement inches: 7, 2- inches 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. 2— inches 9. Divide line T by line 8 for number of replacement trees; (if remainder is 5 orreater round u to the next whole number per tree - 9 p ) 9. & trees '• Measured at chest height. T7�„`� �are, t; CAI I�"� ir� JP� � z Dead, diseased or dangerous trees) must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3, Critical Areas, such as wetlands, streams, floodplain and protected slopes, are defined in Section 4-3-050 of the Renton Municipal Code (RMC). 4' Count only those trees to be retal nod outslde of critleal areas and buffers. s' The City may require modification of the tree retentlon plan to ensure retention of the maximum number of trees per RMC 4-4-130 1-17a 6' Inches of street trees, inches of trees added to critical areasibufiers, and inches of trees retained on site that are less than 6” but are greater than Z" can be used to meet the tree replacement requirement. A;1CED1i7atalT-orms-Templatc9lSeif-Hcip Handouts\Pianning\TreeRetentianWorksbeet.doe 12108 November 12, 2012 CITY OF RENTON PLANNING DIVISION 1055 SOUTH GRADY WAY RENTON, WA 98057 Freiheit Fav City sr� Of Remo nlog Divi h n DEC ^ 3 1012 ce RE: CEDAR RIVER STATION — PROJECT NARRATIVE t' eio The project, "Cedar River Station", will consist of site and building improvements for the construction of three separate single story retail buildings and the pad for a future fuel station on a 131,450 SF (3.02 acre) site to the southeast of the intersection of SE Maple Valley Road (SR 169) and 152nd Avenue SE in the City of Renton, Washington (King County). The project site address is 15221 SE Renton Maple Valley Rd., Renton, WA 98058. Estimated construction costs for the project are $3,375,000. The following City of Renton Land Use permits are required for this project. Site Plan Review, Lot Line Adjustment, Master Site Plan Approval, and Environmental Review. The property is currently vacant. The property is zoned Commercial Arterial (CA) with Urban Design District D. To the east are one story, single family residential uses. To the south is a multi -building apartment complex. To the north, across SE Maple Valley Road (SR 169) is wooded area. To the west is a vacant field owned by the church that is situated further to the south. There are no special features such as wetlands or steep slopes on the site. The Cedar River runs in an east/west direction several hundred feet to the north of the site. The current site is separated into two parcels. A Lot Line Adjustment process will relocate the property line between the two parcels. Lot "A", with a site area of 96,419 SF, will contain Buildings A, B, and C for a total gross floor area of 21,703 SF of general retail uses and a drive thru, 97 parking stalls, and two loading stalls. Lot "B", with a site area of 35,031 SF, will contain the future fuel station. The site is basically flat with a gradual slope of less than 3%. To accommodate existing grade elevations on the property to the east, a new rockery is proposed to be constructed along the east property line. Grading will occur as necessary to level the site and install below grade utilities. Relative to soils quantities, it is anticipated that there will be 2,546 CY of cut and 2,446 CY of fill for a net export of approximately 100 CY. The site contains mostly silty/sand type soils with some gravel. During the construction surface water will be collected and routed to a temporary storm water control pond before release into the existing drainage system. Silt fencing and/or other materials will be used at the edges of the site to contain and reduce the offsite movement of water laden silt. Quarry spalls will be used at all construction entrances to reduce off-site movement of soils and other debris. By the time of project completion, all runoff from impervious surfaces will be tight -lined through an on- site catch basin system. If from a pollution generating surface, runoff will be routed through a filter 425 827 2100 425 828 5899 www,FHOARCH.COM .. 5209 Lake Washington Blvd N.E.: Sze 200 - Kirkland , WA 1 98033 Ftanr.glaRfV1aar4arMaf rk;RAftFBF„af4R'f.R ll fFI aP.F7.1W1.Fl.r.a aFtA:agF rzR.Ff f.f: R.fR'R,f. R:FHPR'f',„f r.; : Cedar River Station — ject Narrative November 12, 2012 Page 2 bank, retained for controlled release through a below -grade vault system, and then released into the City of Renton storm water system. Two driveways will access the site. The first is located off 152"d Avenue SE, and the second off SE Maple Valley Road (SR 169). Both will have full turning movements. As a part of the Right of Way improvements, a new concrete curb/gutter, landscape strip (with landscaping), sidewalk and curb cut will be installed along SE Maple Valley Road (SR 169). All utility lines including electrical, natural gas, water, telephone, cable, and sanitary sewer will be connected from the main lines in the right of ways into the site. On -grade pedestrian access will be provided via new sidewalks from 152nd Avenue SE and SE Maple Valley Road to the three buildings to be built now. Access from the residential development to the south will also be provided. There are no existing trees on the site. Abutting the two right-of-ways, there are approximately 23 existing deciduous trees, 14" to 26" in diameter. It is anticipated that these trees will be removed. No land is proposed to be dedicated to the City. During construction it is anticipated that there will be several temporary construction trailers on the site. It is likely that these trailers will be located on the future fuel station site. The only modification that is being requested is relief from the requirement of the full 15'-0" rear yard landscape setback. To address the City's request to have the retail buildings face SE Maple Valley Road (SR 169), it was agreed upon that the rear setback could be reduced to 8'-0" for portions of the property line. All other setbacks and restrictions are currently met. Sincerely, F HEIT & HO ARCHITECTS, INC., P.S. F klin Ng, Associate Principal Al2-246—PROJECT NARRATIVE.DOC November 12, 2012 CITY OF RENTON PLANNING DIVISION 1055 SOUTH GRADY WAY RENTON, WA 98057 RE: CEDAR RIVER STATION — VARIANCE JUSTIFICATION Freiheit&Ho Ci tY of Renton Planning Division DEC - 3 20-!1, RECEmED A variance is being requested for relief from the requirement of the full 15'-0" rear yard landscape setback (RMC 4-2-120A) along the south property line. The site layout as originally approved in 2008 had a building abutting the 15'-0" rear yard landscape setback. To address the City's request to have all retail buildings abut SE Maple Valley Road (SR 169), it was agreed upon via correspondence with City staff that the rear setback could be reduced to 8'-0" for the portion of the property line where the original building was located, see attached site plan. Additionally, the proposed drive aisles (RMC 4-4-080,F,9,b) and standard stall depths (RMC 4-4-080,F,8,a,i) were permitted to be reduced to 23'-0" and 19'-6" respectively for the same area noted above. All other setbacks and restrictions are currently met. The residential neighborhood to the south is currently buffered with a parking aisle and drive aisle which will remain. A 5'-0" high fence will also be constructed along this property line. Sincerely, FR EIT & H ARCHITECTS, INC., P.S. Fran lin Ng, AIA Associate Principal Al2-246 VARIANCE.DOC 425 827 2100 425 828 6849 � : www.FHGARCH.f0M 5209 Lake Washington Blvd N.E. Ste 200 Kirkland WA 98033 rz Fi fl. a r4 a a a r4n fid f ggaFq fYrfH il. f1={M F., grb fk 7. f It Fzf f. f!'a rH MI. I W°&31ei 1' r�fE a f. Wlis"zMP..fl%P. r..P. F4 V. .lni. r.l.r., F. t'A lf1: flrl" RFf�mlFaFf.I'tRF'FfI.r.M Fl. .r.r.r.,FAF1V.I 'f:;F'F'f.r.r. ZCFrr qaM r:r—fM,l ;r1R5MRP;FZ1P51.r[F:r;FFf:f:f.,G; F'„F;:F'f�F'fRf�€�'F'F:F�fRf'f�'fF'F:fF'FRFRF"F'F"F'FFA::F.'F`Fi'RFF'FP`;aP.'Fm�F°F'�„�:g;'€'w�:•�`:F'��F:F'm�`wFtif�°�FR�;�FAFi�F�f;F„'F;.c� +L'Ity Of `penton ''I`9nning Division DEC - 3 2012 LOT 3 (prior to adjustment) North: 5301.3497 East : 4371.3897 Line Course: N 01-46-13 E Length: 175.87 North: 5477.1357 East : 4376.8227 Curve Length: 44.74 Radius: 25.00 Delta: 102-32-11 Tangent: 31.17 Chord: 39.00 Course: N 53-02-18 E Course In: S 88-13-47 E Course Out: N 14-18-24 E RP North: 5476.3634 East: 4401.8108 End North: 5500.5881 East : 4407.9886 Line Course: S 75-41-35 E Length: 309.05 North: 5424.2168 East : 4707.4537 Line Course: S 14-18-25 W Length: 202.11 North: 5228.3750 East: 4657.5090 Line Course: N 75-41-35 W Length: 295.28 North: 5301.3436 East : 4371.3868 Line Course: N 25-24-38 E Length: 0.01 North: 5301.3526 East : 4371.3911 Perimeter: 1027.06 Area: 64,000 S.F. 1.47 AC Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0033 Course: N 25-24-38 E Error North: 0.00295 East: 0.00140 Precision 1:311,230.30 LOT 4 (prior to adjustment) North: 5140.1693 East: 5003.3787 Line Course: N 75-41-35 W Length: 356.94 North: 5228.3750 East: 4657.5090 Line Course: N 14-18-25 E Length: 202.11 North: 5424.2168 East : 4707.4537 Line Course: S 75-41-35 E Length: 310.56 North: 5347.4723 East: 5008.3819 Line Course: S 01-22-54 W Length: 207.36 North: 5140.1726 Fast: 5003.3820 Line Course: S 44-35-29 W Length: 0.00 North: 5140.1726 East: 5003.3820 Perimeter: 1076.97 Area: 67,455 S.F. 1.55 AC Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0046 Course: N 44-35-29 E Error North: 0.00327 East: 0.00322 Precision 1:234,123.91 LOT A (after adjustment) North: 5301.3497 East : 4371.3897 Line Course: N 01-46-13 E Length: 175.87 North- 5477.1357 East : 4376.8227 Curve Length: 44.74 Radius: 25.00 Delta: 102-32-11 Tangent: 31.17 Chord: 39.00 Course: N 53-02-18 E Course In: S 88-13-47 E Course Out: N 14-18-24 E RP North, 5476.3634 East: 4401.8108 End North: 5500.5881 East: 4407.9886 Line Course: S 75-41-35 E Length: 469.47 North: 5384.5743 East: 4862.8984 Line Course: S 14-18-25 W Length: 202.11 North, 5188.7326 East: 4812.9537 Line Course: N 75-41-35 W Length: 455.70 North: 5301.3436 East : 4371.3868 Line Course: N 25-24-38 E Length: 0.01 North: 5301.3526 East: 4371.3911 Perimeter: 1347.90 Area: 96,423 S.F. 2.21 AC Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0033 Course: N 25-24-38 E Error North: 0.00295 East : 0.00140 Precision 1:408,454.55 LOT B (after adjustment) North: 5188.7332 East : 4812.9513 Line Course: N 14-18-25 E Length: 202.11 North: 5384.5749 East: 4862.8960 Line Course: S 75-41-35 E Length: 150.14 North: 5347.4729 East: 5008.3795 Line Course: S 01-22-54 W Length: 207.36 North: 5140.1732 East: 5003.3796 Line Course: N 75-41-35 W Length: 196,52 North: 5188.7365 East: 4812.9545 Line Course: S 44-35-29 W Length: 0.00 North: 5188.7365 East: 4812.9545 Perimeter 756.13 Area: 35,031 S.F. 0,80 AC Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0,0046 Course: N 44-35-29 E Error North: 0.00327 East: 0.00322 Precision 1: 164,376.09 OVERALL BIDY North: 5301.3407 East : 4371.3556 Line Course: N 01-46-13 E Length: 175.87 North: 5477.1267 East: 4376.7886 Curve Length: 44.74 Radius: 25.00 Delta: 102-32-11 Tangent: 31.17 Chord: 39.00 Course: N 53-02-19 E Course In: S 88-13-47 E Course Out: N 14-18-24 E RP North: 5476.3544 Fast: 4401.7767 End North: 5500.5791 East: 4407.9545 Line Course: S 75-41-35 E Length: 619.61 North: 5347.4633 East: 5008.3477 Line Course: S 01-22-54 W Length: 207.36 North: 5140.1635 East: 5003.3478 Line Course: N 75-41-35 W Length: 652.22 North: 5301.3378 East: 4371.3559 Line Course: N 06-43-19 W Length: 0.00 North: 5301.3378 East: 4371.3559 Perimeter: 1699.80 Area: 131,452 S.F. 3.02 AC Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0028 Course: S 06-43-19 E Error North: -0.00281 East: 0.00033 Precision 1:607,071.43 PLANNING DIVISION ENVIRONMENTAL CHECKLIST 6%n+d% . ..«,n City of Renton Planning Division Nffinning r)j- pn 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 IEC 3 1 11 PURPOSE OF CHECKLIST: ��nn The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires aV X9WQ6 agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. - 3 - 08109 YAArchitectural Projects%lAAXA12-24b1l DOCUMENTSI9 Local Jurisdiction Docs1ECF - Environmental RevieMenvchlst.doc -2- Y: Architectural Projects112121XA12-24611 DOCUMENTSI9 local Jurisdiction Docs%ECF - Environmental RevieMenvchlst.doc OB/d9 A. BACKGROUND 1. Name of proposed project, if applicable: Cedar River Station 2. Name of applicant: Cedar River Station, LLC Contact: Randy Goodwin 3. Address and phone number of applicant and contact person: Applicant: Cedar River Station, LLC Address: 15215 SE 272"d Street, Suite 201 Kent, WA 98042 Phone #: 253-630-7700 Contact: Franklin Ng, Freiheit & Ho Architects, Inc., P.S. Address: 5209 Lake Washington Blvd NE, Suite 200 Kirkland, WA 98033 Phone #: 425-827-2100 4. Date checklist prepared: November 12, 2012 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Start of Construction — March 2013 Completion of Construction — October 2013 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? if yes, explain. Yes, a future fuel station will be located on the east parcel. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Phase I Environmental Review, Drainage Analysis, Geotechnical Report, Traffic Analysis (TIR), Certificate of Transportation Concurrency, and Tree Inventory and Retention Plan. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. -3- Y:1Architectural ProjectO2V2VA12-24611 DOCUMENT519 Local Jurisdiction Docs1ECF - Environmental RevieMenvchEst.doc 06/09 10. List any governmental approvals or permits that will be needed for your proposal, if known. • City of Renton Site Plan Review • City of Renton Lot Line Adjustment • City of Renton Master Site Plan Approval • City of Renton Environmental Review • Certificate of Traffic Concurrency • The following City of Renton Permits for each of the individual buildings: Building Permit Electrical Permit HVAC Permit Plumbing Permit Fire Sprinkler Permit Low Voltage Permit Fire Alarm Permit Signage Permits Tenant Improvement Permits • City of Renton Building Permits for each of the Site Structures (rockeries / retaining walls, below -grade detention system, trash enclosure, monuments signs). • Certificates of Water/ Sewer Availability • City of Renton Right of Way Permitsor all work within, or associated with, SE Maple Valley Road (SR 169) and 152" Avenue SE. • WSDOT approval for all work within, or associated with, SE Maple Valley Road (SR 169) 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The Property consists of two parcels of land totaling approximately 3.02 acres located in Northeast Renton. Proposed development is for approximately 21,703 square feet of commercial development in three, single story buildings with a unix of retail and restaurant uses as well as a future Fuel Station of undetermined specification. Development includes site frontage improvements on Maple Valley Highway (SR169). 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project is located at the Southeast corner of the intersection of SE Maple Valley Highway (SR169) and 152nd Avenue SE in Renton, Washington (King County) Tax Parcel #: 2323059210 & 2323059211(King County) Section/ Township/ Range: SW 23-23-05 Please see attached for legal description, vicinity map, and site plan. -4- Y:1Architectural Pro}ects112121XA12-24611 DOCUMENM9 Local Jurisdiction DocsIECF - Environmental RevieMenvchlst.doc 06109 a. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) The steepest slope is approximately 3% on the main portion of the site. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Silty sand with gravel. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Grading will occur to level the site, install the stormwater detention system, construct the below grade utilities, and install the below -grade building footings. Estimated quantity of cut on the site is approximately 2,546 cubic yards. Estimated quantity of fill is approximately 2,446 cubic yards. Approximately 100 cubic yards of soil are anticipated to be exported off the site. It is expected that no soils will be needed to fill the site. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Minor erosion could occur as the result of initial construction activities associated with on-site and off-site grading and excavation. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 80.6% of the site will be covered with impervious surfaces after completion of the project. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion will be reduced and controlled by the use of both temporary and permanent methods. Temporary measures to reduce or control erosion may include the use of silt fencing, and diversion swales, the installation of filtration inserts in all installed catch basins, temporary installation of impervious covers (plastic sheeting) or ground covers (hydro seeding) over temporarily exposed soils, wheel washing of vehicles leaving site, quarry spalling of entrances, frequent sweeping of adjacent roadways, and the installation of temporary storm water .5- 06109 Y:1Architectural Projects`12121XA12-2461 DOCUMENTSI9 Local Jurisdiction DocsTU - Environmental RevieMenvchlst.doc control ponds which encourage recharging of groundwater and settlement of silts. Measures will be dependent upon specific aspects of the site grading plan and will be described in detail in the submittal to the City of Renton under the City of Renton Site Plan Review process. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction, emissions to the air would originate from construction equipment exhaust, from dust due to construction equipment movement, and from dust due to on-site grading and soils movement. When the project is completed, emissions to the air (an approximate total of 49,222 lifespan emissions MTCO2e) would result from the exhaust of the vehicles accessing the site, from the burning of natural gas to provide heat to the buildings, from the burning of fossil fuels to produce electricity to run various building operations, from the installation of pavement in place of vegetation, and from the embodied emissions due to construction materials fabrication and installation. See the attached SEPA GHG Emissions Worksheet. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No. Proposed measures to reduce or control emissions or other impacts to air, if any: During construction, emissions to the air would be reduced by limiting idling of equipment. Also to reduce creation of dust, exposed areas of soils will be watered during dry periods. The burning of natural gas to provide heating to the buildings will be reduced by providing HVAC units that are energy efficient and meet current Washington State Energy Code standards. All heated building structures will meet all aspects of the current Washington State Energy Code. Sidewalks will be provided internally throughout and along the perimeters of the site to encourage pedestrian activity from the adjacent residential neighborhoods, which potentially reduces the number of automobile trips to the proposed site. The maximum number of allowed parking stalls, and thus the maximum allowed area of asphalt will not be used in the design. This reduction of impervious surface preserves additional open space and landscape areas. - 6 - 06109 Y:1Architectural ProjecIO2"Al2-24611 DQCUMENTSI9 Local Jurisdiction Docs1ECE - Environmental RevieMenvchlst.doc 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are no surface water bodies on or in the immediate vicinity of the site. The Cedar River is approximately 1,000 feet to the north of the most northerly portion of the project. There are no natural, jurisdictional wetlands on the site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No fill or dredge material will be placed in or removed from surface waters or wetlands as a part of this project. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn. Only clean water from rooftop sources will be discharged back into the ground. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be - 7 - 06/09 YAArchitectural Projects112121XA12-2460 DOCUMENTSI9 Local Jurisdiction Oocs1ECF - Environmental RevieMenvchlst.doc served (if applicable), or the number of animals or humans the system(s) are expected to serve. No waste materials will be discharged into the ground from any source. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. All runoff will be stormwater from impervious surfaces. Runoff from roof surfaces will be detained in an on-site trench system and then released on-site into the ground. Runoff from on -grade impervious surfaces will be routed through an on-site catchbasin system and into a biofiltration vault, then retained for controlled release in a below -grade vault system, and then released into the City of Renton stormwater system. Runoff quantities are currently unknown, but will be determined during the City of Renton Site Plan Review process. All on -grade impervious surface water runoff will flow westward and then northward in the existing biofiltration ditch system which discharges into the Cedar River. From there, the water will flow into lake Washington, lake Union, and eventually Puget Sound. All runoff from non -pollution generating roof surfaces will be released on-site, into the ground, to recharge the ground water. 2) Could waste material enter ground or surface waters? If so, generally describe. rk d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Surface water runoff impacts from impervious, ground level surfaces will be controlled by collecting, treating, and then releasing it at controlled rates into the existing biofiltration swale that extends westward from the site. All runoff from roof surfaces will be retained and then released into the ground in order to recharge the groundwater. 4. PLANTS a. Check or circle types of vegetation found on the site: ✓ deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs ✓ grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation 8- 0&109 Y:IArchitectural Projects11212=12-246\1 OOCUMENTSI9 Local Junscliction pocsTCF -Environmental Review%envchlst.cloc b. What kind and amount of vegetation will be removed or altered? All existing vegetation will be removed and, or altered during mass grading. C. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: All pervious surfaces will be planted with vegetation or landscaping that will survive the local microclimate. All landscaping will comply with the City of Renton landscape regulations including substantial use of native landscaping, providing the minimum planting areas in parking areas, providing plantings within all buildings and landscape setbacks, providing irrigation systems in all landscape areas to encourage growth during the summer season. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, son birds crows Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None Known. C. Is the site part of a migration route? If so, explain No. d. Proposed measures to preserve or enhance wildlife, if any: Measures to preserve or enhance wildlife include the use of native landscaping wherever possible. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity will be used to provide cooling, lighting and electrical equipment needs. Natural gas will be used to provide heating needs. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. - 9 - 06109 Y: Architectural Prnjects112121XA12-24611 DOGUMENTSI9 Local Jurisdiction Docs\FCF - Environmental Reviewlenvchlst.doc C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: All lighting systems and MVAC systems will be designed to exceed current Washington State Energy Code requirements. All building shells will be designed to exceed current Washington State Energy Code requirements. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. M 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. During construction, short-term noise associated with specific construction activities (vehicle movement, grading activities, steel erection) may be generated. Hours for short-term construction noise would be those allowed by the City of Renton under the Building Permit. Long-term noise generating activities include traffic and delivery vehicle activity generated by the project, and noise from HVAC units. 3) Proposed measures to reduce or control noise impacts, if any: Hours for short-term construction noise would only be those allowed by the City of Renton under the Building Permit. All vehicles will be required to have mufflers. For long-term noise all delivery activities will be restricted by City of Renton regulations and all delivery areas will be screened to reduce off site sound transmission. 10 - 06109 Y:\Architectural Projects\12121XA12-24611 DQCUMENTSI9 Local Jurisdiction Docs1FCF - Fnvironmental RevieMenvchlst.doc 1 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently vacant. The areas to the north (across Highway 169), east and south of the site are used for Residential. To the southwest of the site is a large regional Church. b. Has the site been used for agriculture? If so, describe. This site is not known to have been used for agriculture. C. Describe any structures on the site. None. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? The current City of Renton zoning for the site is CA (Commercial Arterial). f. What is the current comprehensive plan designation of the site? The current City of Renton Comprehensive Plan designation for the site is Commercial Corridor. g. If applicable, what is the current shoreline master program designation of the site? This question is not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? No people would reside in the completed project. Approximately 50 people would work in the completed project. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: 1MMW - 11 - 06109 Y: Architectural Projects112TVA12-24611 DOCUMENTSl9 Local Jurisdiction Docs\ECF - Environmental Reviewlenvchlst.doc I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Proposed project will adhere to City of Renton design guidelines, City of Renton Commercial Arterial zoning regulations. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The tallest proposed structure would be approximately 28 feet. Principal exterior materials include CMU, EIFS, metal siding and glass. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: Project will be designed to comply with current City of Renton Design Manual and Commercial Arterial zoning requirements. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? No glare is anticipated to be produced. Light will be produced from exterior building and site parking lot light fixtures during hours of darkness. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. - 12- 06/09 Y:1Architectural Projects112\21XA12-24611 DOCUMENTSI9 Local Jurisdiction Docs1ECF -Environmental RevieMenvchlst.doc C. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: All lighting will be fitted with cut-off shields to reduce offsite light spillage. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? To the west of the property there is an existing Church playground. To the west (approximately 1,000 feet) and north (across highway 169) there is a City of Renton Park with dedicated ball fields and restrooms. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. C. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Along North property line: SE Maple Valley Road (also known as State Highway 169). Along West property line: 152nd Avenue SE. See attached Site Plan for additional information. - 13 - 06109 YaArchitectural Projects112 MA12-24611 DOCUMENTSI9 Local Jurisdiction DOCs1FCF - Environmental Reviewlenvchlst.doc b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes. C. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will have approximately 97 new parking spaces. No parking stalls would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No new roads or streets are required. New curb, gutters, and sidewalks will be required along SE Maple Valley Road (State Highway 169). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The completed project is estimated to generate a total of 1,814 daily trips with approximately 186 PM peak hour trips. The PM peak hour volumes are estimated to occur between 4:00 pm and 6:00 pm. g. Proposed measures to reduce or control transportation impacts, if any; There are no proposed mitigation measures at this time. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example; fire protection, police protection, health care, schools, other)? If so, generally describe. The project will not require a significant increase in the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. UTILITIES a. Circle utilities currently available at the site: electricit natural as water refuse service b I telephone sanitary sewerl septic system, other. MICE Y:Wchitectural Projects\12%MA12-24611 DOCUMENT519 Local Jurisdiction Docs1ECF - Environmental FlevieMenvchlst.doc 06/09 I C. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electricity: PSE, Natural Gas: PSE, Water/ Sewer: Cedar River Water and Sewer District, Telephone: Qwest, Refuse: Rainier Waste Management SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: ��.11 Name Printed: DAN ktRl PPA H kr Date: IItala- -15- Y:1Architectural Projectsl12121XA12-24611 DOC UMENTS19 Local Jurisdiction Qocs1ECF - Envircnmental AevieMenvchlst cloc OW09 D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies, plans and programs. You do not need to fill out these sheets for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? 16- 06/09 Y:1Architectural Projects112 MA12-24611 DOCLIMFNTSI9 Local Junsdiction Docs1ECF - Environmental Review%envchlst.doc r Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: Name Printed: Date: - 17- 06109 YAArchitectural Projects\12121XA12-24811 DDCUMENT519 Local Jurisdiction Docs1FCF - Environmental RevieMenvchlst.doc LEGAL DESCRIPTION PARCEL A: LOT 3 TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, KING COUNTY 5HORT PLAT NUMBER Lgg5301q, ACCORDING TO THE 5HORT PLAT RECORDED UNDER RECORDING NUMBER 2001083I100002, RECORDS OF KING COUNTY, M5HINGTON. PARCEL B: LOT 4, TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, KING COUNTY SHORT PLAT NUMBER Lag530111, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 2001083Ig00002, RECORDS OF KING COUNTY, WASHINGTON. PARCEL G: AN EASEMENT FOR THE RIGHT TO DRAIN STORM OR SURFACE WATER FROM SAID PREMISES ON TO THE NORTHERLY ADJOINING PROPERTY, AS RESERVED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 8804140316. VICINITY MAP N.T.S. N R a i>i i ,e;,,a „' � - .< I�; �,I sl Trams Yrlali SaietilSe � Terrain 4f. t r� ±sa•n r, ° 2e. sem. JIT pc w d a 'WH 1: $Y' 4 j C2" cx4jk- Man data X008 wvTEQ•" J �Q CL b a 1 t �,r+ rr q r ! ! in 1 65 I— on 44, / � 1 EER 1 I Il 1 J I W r 7Q I tY a�oo� 17 3S 3nN3AV CINM IL IL LL IL LL J 1 z Qua Qr-rr-ry SDs O z w ❑ IL LU =4A a2ia alp � Za CL LU Zz 0 QcD � �. z F' s WE �z WZ LLI at a W V October 19, 2012 ES -2518 Eagle Creek Land & Development, LLC 15215 Southeast 272nd Street, Suite 201 Kent, Washington 98042 Attention: Mr. Jim Otness Subject: Cedar River Station 15221 Southeast Renton -Maple Valley Road Renton, Washington Reference: Earth Consulting Incorporated Geotechnical Engineering Study E-9060-12, October 1, 2007 Dear Jim: Earth Solutions NW«C Earth Solutions NW LLC • Geotechnical Engineering • Construction Monitoring • Environmental Sciences 'ty of Renton Panning Division DEC - 3 10?1 FECEC VEE As requested, Earth Solutions NW, LLC (ESNW) has reviewed the referenced geotechnical engineering study. The undersigned engineer also visited the site to observe the existing site conditions. Review of the referenced study indicates the site is underlain by predominantly by medium dense to dense sand and gravel, with the upper three to four feet consisting of loose to medium dense silty sant!. The study indicated the proposed development consisted of single story retail buildings. The site was observed to be vacant. At the time of our site visit, the site was vegetated primarily with grasses and weeds. Based on review of the referenced study, and the existing site conditions, in our opinion the recommendations included in the referenced study remain applicable for the proposed development. If you have any questions, or if additional information is required, please call. Sincerely, EARTH Kyle R. Cam Principal LLC r�tcWlla - 1805 - 136th Place N.E., Suite 201 0 Bellevue, WA 98005 • (425) 449-4704 • FAX (425) 449-4711 cAFZ fH rCONSULTING INCORPORATED rental Services :1 Geotechnical Engineering ❑ Construction Materials Testing T ❑ Special Insper )ctober 1, 2007 Ir. Ty Pendergraft agle Creek Land and Development, LLC 3701 Southeast 253rd Street ent, Washington 98042 roject No. E-9060.12 ear Mr. Pendergraft: arth Consulting Incorporated (ECI) is pleased to submit our report titled "Geotechnical ngineering Study, Cedar River Station, 15221 Renton Maple Valley Road, King County, rashington." ur scope of services was to review our previous work conducted for the site and prepare is report for the proposed development. 'e appreciate this opportunity to be of service to you. If you have any questions, or if we can of further assistance, please call. espectfully submitted, AR'1 H CONSULTING INCORPORATED .eve J. Scharf ;nior Staff Geologist MWW/skp Via+ - �D/- 7 Kristina M. Weller, PE Principal 805 1361h Place Northeast #201 • Bellevue, WA 98005 • (425) 643-3780 • Fax (425) 746-0860 ed0eci-mti.com • www.eci-mti.com GEOTECHNICAL ENGINEERING STUDY CEDAR RIVER STATION 15221 RENTON MAPLE VALLEY ROAD KING COUNTY, WASHINGTON October 1, 2007 Project No. 9060.12 Prepared for Eagle Creek Land and Development, LLC 13701 Southeast 253rd Street Kent, Washington 98042 EARTH CONSUILTWG WCORPORATED 1805 136th dace Northeast Suite 201 Beltevue, Washington 98005 (425) 643-3780 Toll Free 1-888-739-6670 CoEARTH CONSULTING INCORPORATED ❑ Environmental Services 0 Geotechnical Engineering ❑ Construction Materials Testing ❑ Special insp& October 1, 2007 Mr. Ty Pendergraft Eagle Creek Land and Development, LLC 13701 Southeast 253rd Street Kent, Washington 98042 Project No. E-9060-12 Dear Mr. Pendergraft: Earth Consulting Incorporated (ECT) is pleased to submit our report titled "Geotechnical Engineering Study, Cedar River Station, 15229 Renton Maple Valley Road, King County, Washington." Our scope of services was to review our previous work conducted for the site and prepare this report for the proposed development. We appreciate this opportunity to be of service to you. If you have any questions, or if we can be of further assistance, please call. Respectfully submitted, EARTH CONSULTING INCORPORATED Steve J. So Senior Staff Geologist 5J SIKMWIskp Kristina M. Weller, PE Principal 1805 1361' Place Northeast #201 • Bellevue, WA 98005 • (425) 643-3780 • Fax (425) 746-0860 eci@eci-mti.com • www,eci-mti.com TABLE OF CONTENTS E-9060-12 PAGE INTRODUCTION..................................................................................................................1 General.....................................................................................................................1 ProjectDescription.................................................................................................1 Scopeof Services...................................................................................................2 ITECONDITIONS..............................................................................................................3 Surface.....................................................................................................................3 Subsurface...............................................................................................................3 Subsurface Exploration..................................................................................3 GeologicMap Review...................................................................................4 Earthwork Observation and Testing.....................................................................4 Groundwater...........................................................................................................4 LaboratoryTesting..................................................................................................5 DISCUSSION AND RECOMMENDATIONS.......................................................................5 General.....................................................................................................................5 Site Preparation and General Earthwork..............................................................5 Stripping........................................................................................................5 StructuralFill..................................................................................................6 Foundations...............................................,....................,.,..........,.......,...................6 RetainingWails........................................................................................................7 Slab -on -Grade Floors.............................................................................................5 SeismicDesign Considerations............................................................................5 GroundRupture..............................................................................................8 Liquefaction....................................................................................................8 Ground Motion Response.............................................................................9 Excavationsand Slopes.........................................................................................9 SiteDrainage...........................................................................................................9 Utility Support and Backfill..................................................................................10 Suggested Pavement Sections............................................................................10 LIMITATIONS..........................................................................................».......................»..11 AdditionalServices...............................................................................................11 TABLE OF CONTENTS, Continued E-9060-12 ILLUSTRATIONS Plate 1 Vicinity Map Plate 2 Boring and Test Pit Location Plan Plate 3 Typical Footing Subdrain Detail APPENDICES Appendix A Field Exploration Plate Al Legend Plates A2 through A5 Boring Logs Plates A5 through AB Test Pit Logs Appendix B Laboratory Test Results Plates 131 Grain -Size Analyses GEOTECHNICAL ENGINEERING STUDY CEDAR RIVER STATION 15221 RENTON MAPLE VALLEY ROAD KING COUNTY, WASHINGTON INTRODUCTION General This report presents the results of the geotechnical engineering study completed by Earth Consulting Incorporated (ECi) for the proposed Cedar River Station, 15221 Renton Maple Valley Road, King County, Washington. The general location of the site is shown on the "Vicinity Map," Plate 1. ECI previously prepared two geotechnical engineering studies for the site and completed earth work observation and testing for placement of the existing fill at the site. The first study was completed as part of the multi -family development located to the south of the site. The second study was completed for a proposed fueling station that was planned for the west end of the site. The purpose of this study was to review the subsurface data from the two geotechnical engineering studies and review the field reports from our earthwork observations to prepare a geotechnical engineering study for the proposed development. Project Description The subject site consists of two parcels that make up the 3 -acre, irregular-shaped, vacant site located along the south side of Renton Maple Valley Road, King County, Washington. Based on information provided, we understand it is planned to develop the site with three single -story retail buildings and associated parking. Approximately 30,000 square feet of retail space is planned for the development. We understand the buildings will be of either wood frame, concrete masonry unit (CMU), or tilt -up panel construction with slab -on -grade floors. We anticipate wall loads will be on the order of 2 to 3 kips per lineal foot and column loads will be in the range of 20 to 40 kips. We estimate slab -on -grade floor loads will be up to 150 pounds per square foot (psfj. We anticipate the buildings will be constructed at or near existing grade. Access to the Site will be provided by two entrances, located at the north side and west end, of the site. The west side of the site will be accessed from 152nd Avenue Southeast and the north side of the. site will be accessed from Renton Maple Valley Road. At the time our study was performed, the site and the exploration locations were approximately located as shown on the "Boring and Test Pit Location Plan," Plate 2. GEOTECHINCAL ENGINEERMS S. October 1, 2007 If the above project criteria are incorrect recommendations contained in this report. general review of the final design. Scope of Services E-9060-12 or change, we should be consulted to review the In any case, ECI should be retained to perform a Our scope of services for this study includes the following: • Evaluation of general subsurface conditions and description of types, distribution, and engineering characteristics of subsurface materials • Evaluation of geologic hazards, including site seismicity, slopes, liquefaction, and seismic settlement potential, and recommendations for appropriate mitigation measures • Evaluation of general groundwater conditions and potential impact on design and construction • General recommendations for earthwork, including site preparation, excavation, site drainage • Determination of the seismic design parameters is Evaluation of project feasibility and suitability of on-site soils for foundation support • Recommendations for suitable foundations, including allowable soil bearing capacities, associated settlement estimates, and lateral pressures and resistances • Recommendations for the design of retaining walls • Recommendations for subgrade preparation for floor slab and slab -on -grade support • Recommendations for temporary and permanent slopes • Recommendations for pavement sections EARTH CONSULTING INCORPORATED Page 2 GEOTECHWCAC ENGINEERING STUDY October t, 2007 SITE CONDITIONS Surface E-9050-12 The subject site consists of two irregular-shaped parcels located at the southeast corner of 152nd Avenue Southeast and Renton Maple Valley Road, King County, Washington. The site is bordered to the north by Renton Maple Valley Road, to the west by 152nd Avenue Southeast, to the south by a multi -family development, and to the east by single-family residence lots. The topography of the site is relatively level with little to no discemable elevation change. The site is vegetated primarily with tall grass. Subsurface Subsurface conditions at the site were evaluated by reviewing subsurface data from the referenced geotechnical engineering studies and reviewing a geologic map of the site. Subsurface Exploration Subsurface conditions at the site were evaluated by reviewing subsurface data from our previous geotechnical engineering studies. Three test pits from the original study were excavated on July 26, 2000, and three borings form our second study were drilled on December 13, 2002 at the approximate locations shown on Plate 2. The borings were drilled to a maximum depth of 21.5 feet below grade using a truck mounted drill rig. The test pits were excavated to a maximum depth of 11 feet below grade using a rubber -tired backhoe. The boring logs are included as Plates A2 through A5. The test pit logs are included as Plates A6 through A8. Please refer to the exploration logs for a detailed description of the conditions encountered at each location. A description of the field exploration methods is included in Appendix A. The following is a generalized description of the subsurface conditions encountered. At the exploration locations, approximately 2 to 3 inches of topsoil was encountered. The topsoil was characterized by its dark color, loose consistency, and the presence of organic material. Underlying the topsoil at the location of Boring B-701 and Test Pit TP -5, approximately 6 to 12 inches of loose to medium dense fill were encountered. The fill consisted of silty gravel with sand (Unified Soil Classification GM) and was characterized by the presence of angular gravel. EARTH CONSULTM WCORPORATED Page 3 GEOTECHINCAL ENGINEERING S Y E-9080-12 October 1, 2007 Underlying the topsoil and fill at the exploration locations, silty sand with varying amounts of gravel (SM), silty gravel with sand (GM), poorly graded sand with silt (SP -SM), and poorly graded gravel with variable amounts of silt and sand (GP and GP -GM) was encountered to the maximum exploration depth of 21.5 feet below grade. The native sand and gravel was typically medium dense with localized interbeds of loose to medium dense soil at varying depths at the exploration locations. High "N" values were recorded at localized depths in Borings B-701 and B-702. The high blow counts were likely elevated due to the presence of large gravel and cobbles blocking the sampler. The depth of the test pit excavations was limited due to excessive caving of the gravel soils. Geologic Map Review Based on review of the Geologic Map of King County, Washington compiled by Booth, Haugerud and Sacket (2002), the subject site is mapped as Alluvium (Qal). Alluvium is described at moderately sorted deposits of cobble gravel, pebbly sand, and sandy silt along major rivers and stream channels. The soils encountered at the exploration locations correspond with the alluvium deposits mapped on the Geologic Map of King County, Washington. Earthwork Observation and Testing Based on our previous observations, the subject site was graded in June and July 2003. The purpose of the grading was to prepare the site for general commercial development by raising the grades of the site. The earthwork for the site was combined with the grading for the multi -family development to the south. ECI was contracted to conduct the earthwork monitoring for the site. During our monitoring program, ECI observed the following: • Stripping of vegetation and topsoil from the site • Placing fill obtained from the multi -family development to the south • Air drying fill to obtain suitable moisture for compaction • Compacting of fill in lifts using a large vibratory drum roller • Obtaining density tests on fill material which indicate adequate compaction Groundwater Heavy groundwater seepage was encountered at 7 to 7.5 feet below grade at the boring locations. Heavy groundwater seepage was also encountered at 9 to 10 feet below grade in Test Pits TP -5 and TP -6 in July 2000. The heavy seepage encountered at the exploration locations is likely indicative of the seasonal groundwater table at the time of exploration. Groundwater seepage should be expected in excavations extending to around 5 feet below grade during the wet season and to 9 feet below grade during the dry season. EARTH CONSULTING I1MCO02ORATEO Page 4 GEDTECHINCAL EFIGWECRING STUDY E-9060-12 October 1, 2007 The contractor should be aware that groundwater levels should not be considered static, Groundwater levels fluctuate depending on the season, amount of rainfall, surface water runoff, and other factors. Generally, the groundwater level is higher in the wetter winter months (typically October through May). Laboratory Testing Laboratory tests were conducted on representative soil samples to verify or modify the field soil classification and to evaluate the general physical properties and engineering characteristics of the soil encountered. Visual classifications were supplemented by grain - size analyses on representative samples. Moisture content tests were performed on all samples. The results of laboratory tests performed on specific samples are provided at the appropriate sample depth on the individual test pit logs or on a separate data sheet contained in Appendix B. It is important to note that these test results may not accurately represent the overall in-situ soil conditions. Our geotechnical engineering recommendations are based on our interpretation of these test results. ECI cannot be responsible for the interpretation of these data by others. DISCUSSION AND RECOMMENDATIONS General Based on the results of our study, in our opinion, construction of the proposed building is feasible from a geotechnical engineering standpoint. The proposed building may be supported on a conventional spread and continuous footing foundation system bearing on competent native soil or structural fill. Concrete slab -on -grade floors should be similarly supported. This report has been prepared for specific application to this project only and in a manner consistent with that level of care and skill ordinarily exercised by other members of our profession currently practicing under similar conditions in this area. This report is for the exclusive use of Eagle Creek Land and Development, LLC and their representatives. No warranty, expressed or implied, is made. This report, in its entirety, should be included in the Project contract documents for the information of the contractor. Site Preparation and General Earthwork Review of the preliminary site plan indicates site earthwork will consist of installing erosion control measures, stripping the site, grading the site to provide building and parking lot grades, installing underground utilities and drainage, and completing footing excavations for the proposed buildings. Stripping Prior to stripping, on-site erosion control measures consisting of silt fencing and surface wafter controls should be installed around the perimeter of the site. EARTH CONSULnNa BWCORPORATED Page 5 GEOTECHWCAL ENGINGEMNG S. __Y E-9060-12 October 1, 2007 The building and pavement areas and areas to receive structural fill should be stripped and cleared of surface vegetation, organic matter, existing foundations or pavements, and other deleterious material. Based on our previous work at the site, we understand the site was hydroseeded after fill placement. The site is currently vegetated with tall grass. Stripping should include removing the grass and roots. The actual stripping depth should be based on field observation at the time of construction. In no case should the stripped or grubbed materials be used as structural fill or mixed with material to be used as structural fill. The stripped materials may be rcwasted" on site in non- structural landscaping areas, or they should be exported. Existing utility pipes to be abandoned should be plugged or removed so that they do not provide a conduit for water and cause soil saturation and instability problems. Following the stripping operation, the ground surface where structural fill, foundations, slabs, or pavements are to be placed should be observed by a representative of ECI. Proofrolling may be necessary to identify soft or unstable areas. Proofrolling should be performed under the observation of a representative of ECI. Soil in loose or soft areas, if recompacted and still yielding, should be overexcavated and replaced with a granular structural fill. The optional use of a geotextile fabric placed directly on the overexcavated surface may also help to bridge unstable areas. ECI can provide recommendations for geotextiles, if necessary. Structural Fill Structural fill is defined as compacted fill placed under buildings, roadways, floor slabs, pavements, or other load-bearing areas. Structural fill should be placed in horizontal lifts not exceeding 12 inches in loose thickness and compacted to a minimum of 95 percent of its laboratory maximum dry density determined in accordance with ASTM Test Designation D1557 (Modified Proctor). The fill materials should be placed at or near their optimum moisture content. In our opinion, the native soils that will be encountered on site can be considered for use as structural fill provided the soil is near its optimum moisture content at the time of placement. Imported soil intended for use as structural fill should consist of a fairly well -graded granular soil with a moisture content that is at or near its optimum moisture content and has a maximum aggregate size of 4 inches. During wet weather conditions or where groundwater seepage is encountered, structural fill should consist of a fairly well -graded granular material having a maximum aggregate size of 4 inches and no more than 5 percent fines passing the U.S. No. 299 sieve. Foundations Based on the results of our study, in our opinion, the proposed building may be supported on a conventional spread and continuous footing foundation system bearing on competent native soil or structural fill used to modify site grades. EARTH CONSULTING INCORPORATED Page 6 GEOTECHWCAL CNGINEERING STUDY E-9060-12 October 1, 2007 Exterior foundation elements should be placed at a minimum depth of 18 inches below final exterior grade for frost protection. Interior spread foundations can be placed at a minimum depth of 12 inches below the top of slab, except in unheated areas where interior foundation elements should be founded at a minimum depth of 18 inches. Continuous and individual spread footings should have minimum widths of 16 and 18 inches, respectively. With foundation support obtained as described, for design, an allowable soil bearing capacity of 2500 psf may be used for medium dense to dense native soils or structural fill. Loading of this magnitude would be provided with a theoretical factor -of -safety in excess of 3.0 against shear failure. For short-term dynamic loading conditions, a 113 increase in the above allowable bearing capacity can be used. With structural loading as expected and provided the above design criteria are followed, total settlement of less than approximately 1 inch is anticipated, with differential settlement of approximately 0.5 inch. Most of the anticipated settlement should occur during construction as dead loads are applied. Horizontal loads can be resisted by friction between the base of the foundation and the supporting soil and by passive soil pressure acting on the face of the buried portion of the foundation. For frictional capacity, a coefficient of 0.35 should be used. Resistance due to passive earth pressure may be computed using an equivalent fluid pressure of 300 pounds per cubic foot (pcf) for footings backfilled with structural fill. These values are allowable values; a factor -of -safety of 1.5 has been included. As movement of the foundation element is required to mobilize full passive resistance, the passive resistance should be neglected if such movement is not acceptable. Unless covered by pavements or slabs, the passive resistance in the upper 1 foot of soil should be neglected. ECI should be retained to observe the foundation subgrade prior to placement of structural fill, forms, or rebar. Retaining Walls Retaining walls should be designed to resist the lateral loads imposed by the retained soils and applicable surcharge loads. Walls that are designed to yield can be designed to resist the lateral earth pressures imposed by an equivalent fluid with a unit weight of 35 pcf. If walls are to be restrained at the top from free movement, the equivalent fluid weight should be increased to 50 pcf. These values are based on horizontal backfill conditions. Surcharges due to backfill slopes, hydrostatic pressures, traffic, structural loads, or other surcharge loads are assumed to not act on the wall. If such surcharges are to apply, they should be added to the above design lateral pressure. The passive pressure, allowable bearing capacity, and friction coefficient previously provided in the "Foundations" section are applicable to the retaining wall design. EARTH CONSULTING INCORPORATED Page 7 GEOTECHINCAL ENGINEERING s Y E-9060-12 October 1, 2007 To reduce the potential for hydrostatic pressures to build up behind the walls, retaining wails should be backfilled with a free -draining material extending at least 18 inches behind the wall. The free -draining backfill should consist of either pea gravel or washed rock. A rigid, fl- inch -diameter, schedule 40, perforated PVC drain pipe should be placed at the base of the footing and should be surrounded by a minimum of 1 cubic foot per lineal foot with pea gravel or washed rock. The pipe should be placed with the perforations down. The remainder of the backfill should consist of structural fill. Slab -on -Grade Floors Slab -on -grade floors may be supported on competent native soil or structural fill, Loose or disturbed subgrade soil must either be compacted to the requirements of structural fill or replaced with structural fill. Slabs should be provided with a capillary break comprised of a minimum of 4 inches of free - draining sand or gravel. In areas where slab moisture is undesirable, a vapor barrier, such as a 6 -mil plastic membrane, should be placed beneath the slab. Seismic Design Considerations Earthquakes occur in the Puget Lowland with regularity; however, the majority of these events are of such low magnitude they are not detected without instruments. Large earthquakes do occur, as indicated by the 1949, 7.2 magnitude earthquake in the Olympia area and the 1965, 6.5 magnitude earthquake in the Midway area and the 2001, 6.8 magnitude earthquake in the Nisqually area. There are three potential geologic hazards associated with a strong motion seismic event at this site: ground rupture, liquefaction, and ground motion response. Ground Rupture The strongest earthquakes in the Puget Lowland are widespread, subcrustal events, ranging in depth from 30 to 55 miles. Surface faulting from these deep events has not been documented to date. Therefore, it is our opinion, that the risk of ground rupture at this site during a strong motion seismic event is negligible. Liquefaction Liquefaction is a phenomenon in which soils lose all shear strength for short periods of time during an earthquake. Groundshaking of sufficient duration results in the loss of grain -to - grain contact and rapid increase in pore water pressure, causing the soil to behave as a fluid. To have a potential for liquefaction, a soil must be cohesionless with a grain -size distribution of a specified range (generally sand and silt), it must be loose, it must be below the groundwater table, and it must be subject to sufficient magnitude and duration of groundshaking. The effects of liquefaction may be large total and/or differential settlement for structures founded in the liquefying soils. EARTH CONSULTING INCORPORATED Page 8 GEOTECHINCAL ENGINEEM NG STUDY E-9060-12 October 1, 2007 In our opinion, the liquefaction potential at this site is low. This conclusion is based on the gradation of the medium dense soils encountered at the exploration locations. Ground Motion Response The 2003 Intemational Building Code (IBC) regulations contain a static force procedure and a dynamic force procedure for design -base shear calculations. Based on the encountered soil conditions, it is our opinion Site Class D, "Stiff soil profile," as defined in Table 1615.1.1 of the IBC, should be used to characterize the site soils. In accordance with Section 1615.1,2 of the IBC, Seismic Values, Sms = 1.205 and Sm1 = 0.632 should be used for design. Excavations and Slopes The following information is provided solely as a service to our client. Under no circumstances should this information be interpreted to mean that ECI is assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not be inferred. In no case should excavation slopes be greater than the limits specified in local, state (WISHA), and federal (OSHA) safety regulations. Based on the information obtained from our subsurface exploration, the site soils encountered in the exploration locations would be classified as Type C by WISHA/OSHA. Temporary cuts greater than 4 feet in height in Type C soils should be sloped at an inclination of 1.51-1:1 V (Horizontal:Vertical). An ECI representative should observe temporary excavations to verify soil and groundwater conditions and the soil type. If slopes of the above inclinations or flatter cannot be constructed, temporary shoring may be necessary. Shoring will help protect against slope or excavation collapse and will provide protection to workers in the excavation. If additional temporary shoring is required, we will be available to provide shoring design criteria. Permanently exposed slopes should be seeded with an appropriate species of vegetation to reduce erosion and improve stability of the surficial layer of soil. Site Drainage During construction, the site must be graded such that surface water is collected and tightlined to an appropriate drainage facility. Water must not be allowed to stand in areas where buildings, slabs, or pavements are to be constructed. Loose soil surfaces should be sealed by compacting the surface to reduce the potential for moisture infiltration. Final site grades must allow for drainage away from the building foundation. The ground should be sloped at a gradient of 2 percent in paved areas and 3 percent in landscaped areas for a distance of at least 10 feet from the building. EARTH CONSULTMG MKORPORATED Page? GEMECHINCAL ENGINEERQJG 5.—. Y E-9060-12 October 1, 2007 Footing drains may be installed around the perimeter of the building at or just below the invert of the footing, as shown on the "Typical Footing Subdrain Detail," Plate 3. Under no circumstances should roof downspout drain lines be connected to the footing drain system. Roof downspouts must be separately tightlined to discharge. Cleanouts should be installed at strategic locations to allow for periodic maintenance of the footing drain and downspout tightline systems. Utility Support and Backfill The site soils should generally provide adequate support for utilities. Where loose soils or unstable conditions are encountered, remedial measures, such as compacting subgrade soils exposed in the trench bottom, may be required. Utility trench backfill is a primary concern in reducing the potential for settlement along utility alignments, particularly in pavement areas. It is important that each section of utility line be adequately supported in the bedding material. The material should be hand tamped to provide support around the pipe haunches. Fill should be carefully placed and hand tamped to approximately 12 inches above the crown of the pipe before heavy compaction equipment is brought into use. The remainder of the trench backfill should be placed in lifts having a loose thickness of less than 12 inches and compacted to the requirements of structural fill. Suggested Pavement Sections The adequacy of site pavements is related in part to the condition of the underlying subgrade. To provide a proper subgrade for pavements, the subgrade should be treated and prepared as described in the "Site Preparation and General Earthwork" section of this report. The pavement subgrade should be compacted to 95 percent of the maximum dry density per ASTM D1557 (Modified Proctor). It is possible that some localized areas of soft, wet, or unstable subgrade may still exist after this process. Additional subgrade preparation, such as overexcavation of the soft soil and replacement with crushed rock, may be needed. The recommended pavement sections assume the pavement subgrade soils will be compacted and in a firm and unyielding condition. Proofrolling should be performed to identify soft, unstable areas. Proofrolling should be performed using a fully loaded dump truck and should be observed by a representative from ECI. Assuming a properly prepared subgrade, either of the following pavement sections for lightly loaded areas is suggested; • 2 inches of asphalt concrete (AC) over 4 inches of crushed rock base (CRB) material • 2 inches of AC over 3 inches of asphalt treated base (ATB) material These pavement sections may need to be modified based on anticipated traffic loads and frequency. We can provide alternative placement for heavily trafficked areas, if needed. Pavement materials should conform to WSDQT specifications. A Class B asphalt mix should be used. EAwm coNsuLT1NG ffiCORPORA7ED Page 10 GEOTECHINCAL 4ENON££Ri G STUDY October 1, 2007 LIMITATIONS E-9060-12 Our recommendations and conclusions are based on the observed site conditions, selective laboratory testing and engineering analyses, the design information provided for us, and our experience and engineering judgment. The conclusions and recommendations are professional opinions derived in a manner consistent with that level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. No warranty is expressed or implied. The recommendations submitted in this report are based on the data obtained from the boring and test pits. Soil and groundwater conditions between explorations may vary from those encountered. The nature and extent of variations between the exploratory locations may not become evident until construction. If variations do appear, ECI should be requested to reevaluate the recommendations of this report and to modify or verify them in writing prior to proceeding with the grading. Additional Services As the geotechnical engineer of record, ECI should be retained to perform a general review of the final design and specifications to verify that the earthwork and foundation recommendations have been properly interpreted and implemented in the design and in the construction specifications. ECI should also be retained to provide geotechnical engineering services during construction. This is to observe compliance with the design concepts, specifications, or recommendations and to allow design changes in the event subsurface conditions differ from those anticipated prior to the start of construction. EARTH CONSULTING WCORPORATED Page 11 Map ® Rand McNally & Company, R1.07 -S-23, reproduced with permission. It Is unlawful to further copy or reproduce without separate NORTH NOT TO SCALE EARTI'I CONSULTING INCORPORATED VICINITY MAP CEDAR RIVER STATION KING COUNTY, WASHINGTON i r&� '"g'"PARk Sr SE' '331ST STS II"+ PROD. NO, 9060-12 CHKD. SJS .4 p�p�¢ �gp DATE 9126107 1 PLATE 1 SE tizio se 132ND s} Ul SE 132ko f r pE C Fx� 11t'st ^Isn 133!L .50.0 Sf w ST "> $E 13EHD r ST n -?, CT �. SE 136TH r K.-. 1Z �,' SE 133RR ST 'SE Sr y �, ST sr, T $'4 SE 135TH - sr SE f33G p 'Rk ffi' t1 .. SE 35TH a 5T1 �'15mp � ,� n I 5E _ t3fir11 173rn pig,+ASF... �; �,� 13 SE ._ 13]-TH r o 135TH ST c �T I SFE r a, Ir SE 13610 } SE138THPI a 1 PL f i xsso -. if ; .g w' •• a 9• i PL E 139TH PL �.� SE MAP:. a SE n S .141ST fig G(f m r , O : SE 142RD - 142ND ST i� SE l9PRG ST : ,�,a ST S f ib� .. ...., C o; SE 143F ` ST a ' x ii Y r ~' k 143RD a J " Sf 1#�. 3RQ y`t SE 144TH. it wags isdne E Sr —4 ,a W �S . ST . 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SJS DATE 9126107 1 PLATE 1 0 N 4+ a N LU J cdp A(z 1 �� � i I i .. • II — _ LL] N Upz LU 5 _j�7 a a _- :K LLJ ITrf QCD O H0 I=~ LU 2 O3 Ln ~OQ muj LU fr . z z R Z X Z 2 W D V 1 a PZ ¢aw CL` ¢a_ z �r `E' 0 !i ��rf�•��\��f �f�I�.+I... .�.. � 111 n, W 1� --'f.fLA i I ,-,I J � _ Li ❑ AS DnN3AV 1ONZS I 0 N 4+ a N LU J cdp A(z Q z Z � cr) Z N LL] N Upz LU 5 _j�7 a a LLJ QCD O H0 I=~ NT 2 O3 Ln ~OQ muj LU 0 z z R Z X Z 2 W D V ¢aw CL` ¢a_ z I `E' 0 a n, W Z ❑ 0 N 4+ a LU LL 4 A(z QW OZ_ LL] N 'LU 0 0 0 5 Q c�� CDO 4+ a 4 d CD LL] N W N 0 0 0 5 c c�� QCD O 0 a 0 NT 2 O3 N mW muj ❑O z R Z X Z 2 W D o ¢aw CL` ¢a_ I `E' _ CD w LU m SLOPE TO DRAIN 777 77 i -r�:. i%.;f.•:.1 �; h� y:-: tilt F�. \� Jy 4yr f v'Ui �,�.� _i �Cr�3 �F�ia..�.ar+"�.. r.•: �:;'. 4 INCH MIN, DIAMETER PERFORATED PIPE - 2 INCH MIN. 2 INCH MIN. 4 INCH MAX. 12 INCH MIN. LEGEND SCHEMATIC ONLY - NOT TO SCALE NOT A CONSTRUCTION DRAWING raEarth Consulting Incorporated TYPICAL FOOTING SUBDMN DETAIL CEDAR RIVER STATION KING COUNTY, WASHINGTON DRWN. DNM PROD. NO. 5060.12 CHKO. SJS DATE 5126!07 PLATE 3 Surface seal; native loll or other low permeability material Washed rock or pea gravel Drain pipe; perforated or slotted rigid Schedule 40 PVC or SDR 35 pipe laid with perforations or slots facing down; tight jointed; with a positive gradient. Do not use flexible corrugated plastic pipe. Do not tie building downspout drains into footing lines. SCHEMATIC ONLY - NOT TO SCALE NOT A CONSTRUCTION DRAWING raEarth Consulting Incorporated TYPICAL FOOTING SUBDMN DETAIL CEDAR RIVER STATION KING COUNTY, WASHINGTON DRWN. DNM PROD. NO. 5060.12 CHKO. SJS DATE 5126!07 PLATE 3 APPENDIX A FIELD EXPLORATION E-9060-12 Subsurface conditions at the site were evaluated by reviewing the logs from three borings and three test pits completed as part of two previous geotechnical engineering reports prepared by ECI. The borings were drilled to a maximum exploration depth of 21.5 feet below grade by Gregory Drilling using a truck -mounted drill rig. The test pits were excavated to a maximum exploration depth of 11 feet below grade by Northwest Excavating using a rubber - tired backhoe. Approximate exploration locations were estimated by pacing from site features depicted on a site plan. The exploration elevations were estimated based on topographic data available at the time of the explorations. The locations and elevations of the explorations should be considered accurate only to the degree implied by the method used. These approximate locations are shown on Plate 2. The field exploration was continuously monitored by an engineering geologist from our firm who classified the soils encountered, maintained a log of each exploration, obtained representative samples, and observed pertinent site features. The samples were visually classified in accordance with the Unified Soil Classification System (USCS), which is presented on the "Legend," Plate Al. Representative soil samples were collected and returned to our laboratory for further examination and testing. Logs of the explorations are presented on Plates A2 through A8. The final logs represent our interpretations of the field logs and the results of the laboratory examination and tests of field samples. The stratification lines on the logs represent the approximate boundaries between soil types. In actuality, the transitions may be more gradual. The borings were drilled using a hollow -stem auger. In the borings, Standard Penetration Tests (SPTs) were performed at selected intervals in general accordance with ASTM Test Designation D1586. The split spoon samples were driven with a 140 -pound hammer freely falling 30 inches. The number of blows required to drive the last 12 inches of penetration is called the "N -value." This value helps to characterize the site soils and is used in our engineering analyses. These results are recorded on the boring log at the appropriate sample depths. MAJOR DIVISIONS GRAPH LETTER TYPICAL DESCRIPTION 6MM W—M 2! SYMBOL SYMBOL W MOISTURE, % dry weight Y a ° O ° 0 ow Well -graded gravels, gravel -sand mixtures, SAMPLER PUSHED Clean gravels ° gw little or no tines Gravel and (little or no fines) DRY DENSITY, Ib, per cubic ft. ! ! t GP Poor#y-graded gravels, gravel -sand DEPTH OF ENCOUNTERED GROUNDWATER DURING gravelly sol Is! PLASTIC INDEX EXCAVATION 47 w w • 9P mixtures, little or no fines More than 50% OM coarse fraction Gravels with finest 14b 9m Silty gravels, gravel -sand -silt mixtures Coarse-grained soils retained on No. 4 (appreciable amount Sieve of fines) QC Clayey gravels, gravel -sand -clay mixtures 9C . . SW Well -graded sands, gravelly sands, little or no More than 50 96 Sand and sandy Clean sand sw fines material larger than No. 200 sieve size soils (little or no fines) Poorly graded sands, gravelly sands, little or no More than 50% n !G ° a a �• fines 7____ Silty sands, sand -silt mixtures coarse fraction passing No. 4 Sands with fines sm Sieve (appreciable amount of fines) SC Clayey sands, sand -clay mixtures Inorganic silts and very fine sands, rock flour, ml silty -clayey fine sands, clayey silts with slight plasticity Silts Liquid limitInorganic clays of low to medium plasticity, gravelly Fine-grained soils and clays less than 50 F//////57C 1 clays, sandy clays, silty clays, lean clays organic silts and organic silty clays of low plasticity MH Inorganic silts, micaceous or diatomaceous fine More than 50% material smaller than mh sand or silty soils No. 200 sieve size Silts liquid limitInorganic 7---ch clays of high plasticity, fat clays and clays greater than 50 / Organic clays of medium to high plasticity, oh organic silts Highly organic soils iii* u i r PT Peat, humus, swamp soils with high organic pt contents The discussion in the tent of this report is necessary for a proper understanding of the nature of the material presented in the attached logs. Dual symbols are used to indicate borderline soil classification. C TORVANE READING, tsf Humus d duff layer 2" O.D. SPLIT SPOON SAMPLER 6MM W—M 2! Highly variable constituents The discussion in the tent of this report is necessary for a proper understanding of the nature of the material presented in the attached logs. Dual symbols are used to indicate borderline soil classification. C TORVANE READING, tsf 2" O.D. SPLIT SPOON SAMPLER qu PENETROMETER READING, tsf W MOISTURE, % dry weight Y 2,4" I.D. RING OR SHELBY TUBE SAMPLER P SAMPLER PUSHED " SAMPLE NOT RECOVERED WATER OBSERVATION WELL pcf DRY DENSITY, Ib, per cubic ft. LL LIQUID LIMIT, % Q DEPTH OF ENCOUNTERED GROUNDWATER DURING PI PLASTIC INDEX EXCAVATION _T SUBSEQUENT GROUNDWATER LEVEL WITH DATE. Earth Consulting LEGEND - Al Incorporated Boring Log Project Name: Sheet of Cedar River Station 1 2 Job No. Logged by: Start Date: Completion Date: Boring No.: 9080-7 MGM 12/13/02 12113/02 B-701 Drilling Contractor: Drilling Method: Sampfing Method: Gregory Drilling HSA SPT Approximate Ground Surface Elevation: Hole Completion: 105 ❑ Monitoring Well ❑ Pfezometer ® Abandoned, sealed with bentonite General W No. .9 2 :5a N � Surface Conditions. Depth of Topsoil & Sod 1 "- 2" Nates %} Blows 2 a LL; Ft. {9 W E a GM Brown silty GRAVEL, medium dense, moist (Fill), comprised of angular gravel 1 GM Brown silty GRAVEL, medium dense, moist z 4.8 3 -contains cobbles 21 -contains pockets of poorly graded sand 8.1 4 -collected cuttings at approximately 4' 5 -19.3% fines at 4' 2.5 27 6 7 V -becomes water bearing at 7' 9.5 $ -becomes reddish brown 27 9 11.9 10 GP Grades to brown poorly graded GRAVEL with sand, medium 61 b dense, water bearing 41Pl 11 • -1.9% fines ~ 12 • t -contains cobbles 13 -blow count at 10' high due to cobble blocking sampler, soil is likely medium dense ��• 14 w iE i 5 12.7 2 7 16 w 17 m 18 o �� w 19 h 6 m $ Boring Log g Earth Consulting Incorporated Cedar River Station 0 King County, Washington Pmj. No. 9060-7 Dwn. GLS Date Dec. 2002 Checked MGM Date 12127/02 Plate A2 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment. They are not necessarily representative of other times and locatlons. We cannot accept responsibility for the use or interpretation by others of information presented on this ten_ Boring Log Project Name: Sheet of Cedar River Station 2 2 Job No. Logged by: 1 Start Date: Completion Date: Boring No.: 9060-7 MGM 12/13102 12/13/02 B-701 Drilling Contractor. Drilling Method: Sampling Method: Gregory Drilling HSA SPT Approximate Ground Surface Elevation: Hole Completion: 1051 ❑ Monito Eng Well ❑ Piezometer X Abandoned, sealed with bentonite General W No. Blows - E, n w a E U$ Notes °Jo t ) Ft. W try U) - LL � of u :::, rn 5.4 . 171 GP Brown poorly graded GRAVEL with sand, medium dense, water 27 w1 bearing Boring terminated at 21.5 feet below existinggrade. Groundwater table encountered at 7.0 feet during drilling. Boring backfilled with bentonite and cuttings. NOTES: Borings drilled byy Gregory Drilling, Inc. using a CME 85 Truck -Mounted Drill Rig. Boring elevations estimated based an Preliminary Topographic Site an. Boring Log Earth Consulting incorporated cedar River Station King County, Washington Proj. No. 9060-7 own. GLS Date Dec. 2002 Checked MGM Date 12J27102 Plate A3 aunsurrace eonoraons oepictea represent our oaservaaons at the dme ana iocatton of this exploratory hole, modified by engineering tests, analysis and Judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Boring Log Project Name: Sheet of Cedar River Station 1 1 ,lob No. Logged by: Start Date: Completion Date: Boring No.: 9060-7 MGM 12/13102 12/13/02 B_702 Drilling Contractor: Drilling Method: Sampling Method: Gregory Drilling HSA SRT Approximate Ground Surface Elevation: Hole Completion: 105, ❑ Monitoring Well ❑ Plezometer IX Abandoned, sealed with bentonite W No 5 ° L o Surface Conditions: Depth of Topsoil & sod 2"- 3" General Notes {%� a 810WS CL 2 D _ n U U j fit• QGJ U) U) 5M Brown silty SAND, medium dense, moist, trace gravel 1 SM Brown silty SAND with gravel, medium dense, moist 2 41 E 3 a GM Grades to brown silty GRAVEL, medium dense, moist 47 5 34 6 7 j -becomes water bearin 12.1 1 . 8 GR Brown poorly -graded GRAVE. with sand, medium dense, water 18 w bearing rt w • • 10 8.0 . 1 . -4.1 % fines 55 ~ 12 w 13 ' 1 14 i 1 • 15 11.2 » 27 Boring terminated at 16.5 feet below existing grade. Groundwater - table encountered at 7.0 feet during drilling. Boring backfilled with bentonite and cuttings. to ' i a c� Boring Log o Earth Consulting Incorporated Cedar River Station King County, Washington Proj, No. 9060-7 Dwn. GLS Date Dec. 2002 Checked MGM Date 12/27102 Plate A4 Subsurface conditions depicted represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis and judgment They are not necessarily representative of other times and locations. We cannot accept responsibifity for the use or interpretation by others of Information presented on this log. Boring Log Project Name: sheet of Cedar River Station 1 1 Job No. Logged by: Start Date: Completion Date: Boring Na: 9060-7 MGM 12/13/02 12113/02 B-703 Drilling Contractor. DdIling Method: Sampling Method: Gregory DrillingHSA SPT Approximate Ground Surface Elevation: Hole Completion: 105, ❑ Monitoring Well ❑ Piezometer ® Abandoned, sealed with bentonite W No o mE a) c Surface Conditions: Depth of Topsoil & Sod 2" General Notes { Io Blows a E m ii V E u) Ft C7 m ui cq SM Brown silty SAND, loose to medium dense, moist 2 3.1 3 GP -GM Brown poorly graded GRAVEL with silt and sand, loose to 10 medium dense, moist r' 4 -contains abundant large cobbles ' S -becomes medium dense 3.3 29 6 7 17.2 y . 8 GP Brown poorly graded GRAVEL with sand, medium dense, water Zq w bearing ;.. i • s w -contains abundant cobbles ♦�• to 1 .± : 11 -no recovery 12 ib 1 13 .t. 14 1$ 14.3 -becomes reddish brown loose to medium dense, dark iron oxide to ... •`i ' 16 staining Boring terminated at 15.5 feet below existing grade. Groundwater table encountered at 7.5 feet during drilling. Boring backfilled with bentonite and cuttings. Boring Log Earth Consulting Incorporated Cedar River Station King County, Washington Proj. Na 9060-7 1 Dwn. GLS Date Dec. 2002 Checked MGM Date 12!27/02 Plate A5 �U nU119e.n wi ru,uur PZP ut;VtUL ru r IXtrier a uur cru4arvauons ai me erne ano iocauon OT oris exptoratory hole, modtfled by engineering tests, analysis and judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or interpretation by others of information presented on this log. Test Pit Log Project Name: Sheet of Cedar River Station 1 1 Job No. J �Log�gedbyz �Date� Test Pit No.: 9060-2 /0o TP -4 Excavation Contractor: Approx. Ground Surface Elevation: NW Excavatin 110' Notes: General W a N '5 Surface Conditions: Depth of Topsoil 2"- 3": grass Notes (%} `�E CL � itT C7 � u1 sn SM Brown silty fine SAND, loose, moist TT1 120 3 To a -becomes medium dense SP -SM Brown poorly graded SAND with silt, loose to medium dense, moist ea 5 -iron oxide staininq above gravel contact at 5.5' . 1 . 6 GFS Brown poorly graded GRAVEL with sand, loose to medium dense, +� moist it# 7 w 8 3.5 w •�♦ 9 1. 10 -contains cobbles Test pit terminated at 11.0 feet below existing grade due to i i excessive caving. No groundwater encountered during excavation. 0 n U w L9 N 8 Test Pit Log 2 Earth Consulting incorporated Cedar River Station King County, Washington LU LU 11 Prof. No. 9064-2 Dwn, GLS Date Aug. 2000 Checked MGM Date 8122100Plate A6 Subsurface condMoris depicted and judgment. They are not represent our observations at the time and location of this exploratory hole, modified by engineering tests, analysis necessarily representative of other times and locations. We Others of information nrasenh-d nn chic inn cannot accept responsibility for the use or interpretation by Test Pit Log Project Name: Cedar River Station Sheet of 1 1 Job No. 0060-2 Logged by: MGM Date: 7126/00 Test Pit No.: TP -5 Excavation Contractor. NW Excavating Approx. Ground Surface E_levation: 110' Notes: General Notes W (°/a} U — r $ L';o m ;5;a U_ o n Surface Conditions: Depth of Topsoil 1"- 2": grass 16.4 6.9 2 s 4 6 7 8 9 10 1 "- 2" of Topsoil and grass, 6"- 8" of silty Gravel (Fill) SM Brown silty fine SAND, medium dense, moist -28% fines -iron oxide staining, mottled -probable seasonal high groundwater table at 4' SM Brown silty SAND with gravel, medium dense, moist -contains 8" interbed of poorly graded gravel GM Grades to brown silty GRAVEL with sand, medium dense, moist -contains cobbles -contains poorly graded gravel interbeds -becomes wet -becomes water bearing at 10' Test pit terminated at 10.5 feet below existing grade due to excessive caving and groundwater seepage. Groundwater seepage encountered at 10.0 feet during excavation. Earth Consulting Incorporated Test Pit Log Cedar River Station King County, Washington Proj. No, 9060-2 Dwn. GLS Date Aug. 2000 1 Checked MGM Date 8122100 Plate A7 �Nr.rWv ,w uviruiuvini uepiuLm represent our oaservauons at the time ana location of this exploratory hole, modified by engineering tests, analysis and Judgment. They are not necessarily representative of other times and locations. We cannot accept responsibility for the use or Interpretation by others of information presented on this log. Test Pit Log Project Name: Cedar River Station Job No. togged by: ❑ate; 9080-2 MGM 71261U0 Excavation Contractor; NW Excavating Notes: Sheet of 1 1 Test Plt No.: Approx. Ground Surface Elevation: 110, ° — m Surface Conditions: Depth of topsoil 2": grass General W t J2 s A p Notes M m� 0 LL E W E rL (9C '0 SM Brown silty SAND, medium dense, moist Test Pit Log Earth Consulting Incoirporated Cedar River Station King County, Washington Proj_ No. 80$0-2 Dwn, GLS Date Aug. 2000 Checked MGM ©ate 8122/0(1 Subsurface oonditions depicted represent our observations at the time and I non of this exploratory hole, modified by engineering tests, analysis and judgment. They are not neeessarlly representative of other times and locations. We cannot accept responsibility for others of Information presented on this log, the use or interpretation by I � 2 -trace ravel GP Gray poorly graded GRAVEL with sand, medium dense, moist • • 3 w 4 -contains cobbles 3.0 w5 subangular to rounded gravel •, • -caving 6 i'♦ 7 8 -becomes wet, slight increase in silt content 9 -becomes water bearing at 9' 5.9 S' 10 Test pit terminated at 10.0 feet below existing grade due to excessive caving. Groundwater seepage encountered at 9.0 feet during excavation_ Test Pit Log Earth Consulting Incoirporated Cedar River Station King County, Washington Proj_ No. 80$0-2 Dwn, GLS Date Aug. 2000 Checked MGM ©ate 8122/0(1 Subsurface oonditions depicted represent our observations at the time and I non of this exploratory hole, modified by engineering tests, analysis and judgment. They are not neeessarlly representative of other times and locations. We cannot accept responsibility for others of Information presented on this log, the use or interpretation by APPENDIX B LABORATORY TEST RESULTS E-908042 Particle Size Distribution Report % COBBLES % GRAVEL % SANQ F 16.2 50.8 47.3 72.7 23.2 SIEVE PERCr FINER inches size O D Q 1.5 81.4 100.0 100.0 314 61.7 79.8 95.6 318 39.1 57.5 40.1 49.2 27.3 GRAM IZE 37.1 0 rDlo 18.1 .6 12.9 0 0.5006 13.7 6.73 6.6 8.6 24.5 0.368 5.5 COEFFICIENTS 1.9 cc 0.54 9.58 Cu -11 28.28 35.02 SIEVE number size #4 #8 #16 #30 #50 #100 #200 a Source.Sample No.; 8701 ❑ Source; Sample No.: B701 A Source: Sample No.: B702 EARTH L1 CGent: Prosect: Arco AM/FM CONSULTANTS, INC. P.�-14M.. V.Qf1,Cn`7 USCS AASHTO PL LL GM GP GP SOIL I)ESCRIPTtON O 13701: 4` - GM Brown silty Gmvel w/ sand; 8.1%moisurre ❑B701:14' -GF 0MY, P -1Y -graded Gravel w/ sand; 11.9% moisture A 8702: 10'- GP GMY, PowIY, Faded Gravel w/ send; &.0% moisture REMARKS- * tech: Jmathan Reeve ❑ tach: Jonathan Reeve A tech: Jonathan Reeve E1cVXtpth: 4' E]ev./Depth: 101 Elev /Depth: 10' 96 51LT yb CLgy 19.3 1.9 4.1 PERCENT FINER a p � 35.5 49.2 27.3 34.1 37.1 21.7 32.4 27.4 17.8 30.6 18.7 13.7 28.0 6.6 8.6 24.5 2.5 5.5 19.3 1.9 4.1 a Source.Sample No.; 8701 ❑ Source; Sample No.: B701 A Source: Sample No.: B702 EARTH L1 CGent: Prosect: Arco AM/FM CONSULTANTS, INC. P.�-14M.. V.Qf1,Cn`7 USCS AASHTO PL LL GM GP GP SOIL I)ESCRIPTtON O 13701: 4` - GM Brown silty Gmvel w/ sand; 8.1%moisurre ❑B701:14' -GF 0MY, P -1Y -graded Gravel w/ sand; 11.9% moisture A 8702: 10'- GP GMY, PowIY, Faded Gravel w/ send; &.0% moisture REMARKS- * tech: Jmathan Reeve ❑ tach: Jonathan Reeve A tech: Jonathan Reeve E1cVXtpth: 4' E]ev./Depth: 101 Elev /Depth: 10' DISTRIBUTION E-9060-12 4 Copies to: Mr. Ty Pendergraft Eagle Creek Land and Development, LLC 13701 Southeast 253rd Street Kent, Washington 98042 City of RECEIPT EG00001405 I+ q BILLING CONTACT PaulJ00s Cedar River Station, LLC 15215 Se 272Nd St, 201 Kent, WA 98042 GitY of Renton Planning Division DEC - 3 2U)Z REC EOVI D REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA12-000193 PLAN - Environmental Review Fee Payment Check #2020 $1,000.00 PLAN - Lot Line Adjustment Fee Payment Check #2020 $450.00 PLAN - Site Plan Review - Admin Fee Payment Check #2020 $1,000.00 PLAN - Site Plan Review Master Fee Payment Check #2020 $2,000.01) Technology Fee Fee Payment Check #2020 $103.50 Technology Fee Fee Payment Check #2020 $30.00 SUB TOTAL $4,583.50 TOTAL $4,583.50 Printed On: December 03, 2012 Prepared By: Vanessa Dolbee Page 1 of 1