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Hc4 a0 o Uv) F o E- o E-, 1 C/ CZ September 26,2005 w.► Renton City Council Minutes Page 329 1 Ordinance#5153 An ordinance was read amending Chapters 4-1,4-2,4-4, 4-6 through 4-9, and Planning: Development 4-11 of Title IV(Development Regulations)and Chapter 9-11 of Title IX Regulations (Title IV)Docket (Public Ways and Property)of City Code by clarifying zone density controls &Amendments over zone lot size provisions and removing Green River Valley landscaping requirements; and by amending administrative, interpretation, and enforcement procedures; fees and fee refunds and waivers; binding site plan regulations; planned unit/urban development regulations; nonproject SEPA requirements; and definitions. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5154 An ordinance was read adding Section 4-8-110.A.7 and 4-8-110.I to Chapter 8, Planning: Growth Permits -General and Appeals, of Title IV (Development Regulations)of City Management Hearings Board, Code regarding the filing of appeals to the Growth Management Hearings Filing of Appeals Board. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5155 An ordinance was read amending Title II(Commissions and Boards) of City Board/Commission: Code by eliminating the Boards of Adjustment, Ethics, Public Works, Organization &Process Emergency Services Organization,Human Rights and Affairs, and Unfair Modifications Housing Practices; adding the Advisory Commission on Diversity,Library Board,Environmental Review Committee,LEOFF Disability Board,Lodging Tax Advisory Committee, and Airport Advisory Committee; and updating all remaining chapters. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5156 An ordinance was read amending Chapters 4-2,4-4 and 4-6 through 4-9 of Title Board/Commission: IV (Development Regulations) and Chapter 8-7 of Title VIII(Health and Organization &Process Sanitation) and Chapter 9-2 of Title IX(Public Ways and Property)of City Modifications Code by changing references from the Board of Public Works to the Planning/Building/Public Works Administrator. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5157 An ordinance was read repealing Chapter 1-6 of Chapter 6, Code of Ethics, of Board/Commission: Title I(Administrative), and amending Chapters 4-1,4-4, 4-5,4-8 and 4-9 of Organization &Process Title IV (Development Regulations) of City Code by changing references from Modifications the Board of Adjustment to the Planning/Building/Public Works Administrator. MOVED BY LAW, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5158 An ordinance was read vacating three portions of Bremerton Ave. NE, located Vacation: Bremerton Ave NE, south of NE 4th St. and north of SE 2nd Pl. (Liberty Ridge LLC; VAC-04-007). Liberty Ridge, VAC-04-007 MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Clawson expressed concern regarding the emergency preparedness Fire: Emergency Preparedness of individuals, families, and businesses, and inquired as to the possibility of the City serving as a coordinating agency for other agencies and community groups for the formulation of an emergency preparedness plan that applies to everyone. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER EMERGENCY PREPAREDNESS FOR CITIZENS TO THE PUBLIC SAFETY COMMITTEE. CARRIED. September 19,2005 *.r Renton City Council Minutes "" Page 318 Utilities Committee Utilities Committee Chair Corman presented a report recommending Latecomer Agreement: concurrence in the staff recommendation to grant preliminary approval of the Wyman/Blood, Sewer application for a latecomer agreement request from Kevin M. Wyman and Extension (SE 132nd St),LA- Durwood E. Blood for a period of one year. The application for latecomer 05-003 agreement was submitted to recover the$60,290.92 estimated cost of sewer extension along SE 132nd St. at 152nd Ave. SE to allow development of two single-family residences without the need for a previously approved site sewage system. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs, Council can authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Clawson presented a report Committee recommending a public hearing be set on 10/3/2005 to consider the zoning text Planning: Residential Uses in amendments residential uses in the Commercial Arterial zone. MOVED BY Commercial Arterial Zone CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3772 A resolution was read declaring the City's intent that certain capital Finance: Bond Proceed expenditures shall be reimbursed from the proceeds of tax exempt bonds or Reimbursement, S Lake WA other obligations in an amount not to exceed$15,000,000. MOVED BY LAW, Roadway &SW 27th SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS St/Strander Blvd Connection, READ. CARRIED. Capital Expenditures The following ordinances were presented for first reading and referred to the Council meeting of 9/26/2005 for second and final reading: Planning: Development An ordinance was read amending Chapters 4-1,4-2,4-4,4-6 through 4-9, and Regulations (Title IV)Docket 4-11 of Title IV (Development Regulations)and Chapter 9-11 of Title IX &Amendments (Public Ways and Property)of City Code by clarifying zone density controls over zone lot size provisions and removing Green River Valley landscaping requirements; and by amending administrative, interpretation, and enforcement procedures; fees and fee refunds and waivers; binding site plan regulations; planned unit/urban development regulations; nonproject SEPA requirements; and definitions. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/26/2005. CARRIED. Planning: Growth An ordinance was read adding Section 4-8-110.A.7 and 4-8-110.I to Chapter 8, Management Hearings Board, Permits -General and Appeals,of Title IV (Development Regulations)of City Filing of Appeals Code regarding the filing of appeals to the Growth Management Hearings Board. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/26/2005. CARRIED. • March 14,2005 ',,.• Renton City Council Minutes Page 84 UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 235347-235730 and two wire transfers totaling Finance: Vouchers $3,576,567.39; and approval of Payroll Vouchers 56119-56348, one wire transfer, and 571 direct deposits totaling$1,821,204.14. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Lease: Engenio Information Finance Committee Chair Persson presented a report recommending Technologies, 200 Mill Bldg concurrence in the staff recommendation to approve the amendment to the lease (3rd Floor),LAG-00-002 with Engenio Information Technologies, Inc. for Suite 300 on the 3rd floor of the 200 Mill Building. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease amendment. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning&Development Planning and Development Committee Chair Clawson presented a report Committee regarding the City Code Title IV (Development Regulations)Docket and Planning: Development related amendments. The Committee recommended concurrence in the staff Regulations (Title IV)2004 recommendation for the following items: Docket&Amendments • Title IV, Chapter 1: Housekeeping Changes *k • Title N, Chapter 1: Sureties and Bonds (4-1-230) • Title IV, Chapters 2 and 7: Minimum Lot Size and Maximum Density • Title IV, Chapters 2 and 4: Green River Valley Landscaping • Title N, Chapter 8: Appeal Process -Growth Management Hearings Board • Title IV, Chapters 8 and 9: Permit and State Environmental Policy Act Process for Nonproject Actions The Committee further recommended that school impact fee code reorganization amendments be approved in concept,but that ordinance preparation be deferred until the Finance Committee considers the Issaquah School District impact fee amount. The Committee further recommended that the R-10 zone not be amended to allow attached townhouses or flats on pre-existing lots. The Committee recommended that the issue of appropriate zoning and unit types for duplex and townhouses uses be addressed through the Cedar River Sub-Area Plat process in a separate work program. The Committee further recommended concurrence in the staff recommendation to deny requested amendments to the binding site plan amendment proposal and support: 1)allowances for condominiums, and 2) revisions to the planned unit development (PUD)regulations(4-9-150). The Committee further recommended concurrence in the staff recommendation for the PUD amendments and to require consistency with Ordinance 5124 regarding nonresidential open space standards. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT /4,/ aOO5 March 14,2005 2004 Title IV Code Docket and Related Amendments (Referred May 10, 2004) The Planning & Development Committee recommends concurrence in the staff recommendation for the following items: • Title 4, Chapter 1: Housekeeping Changes • Title 4, Chapter 1: 4-1-230 Sureties and Bonds • Title 4, Chapters 2 and 7: Minimum Lot Size and Maximum Density • Title 4, Chapters 2 and 4: Green River Valley Landscaping • Title 4, Chapter 8: Appeal Process—Growth Management Hearings Board • Title 4, Chapters 8 and 9: Permit and SEPA Process For Nonproject Actions The Committee-further recommends that school impact fee code reorganization amendments be approved in concept, but that ordinance preparation be deferred until the Finance Committee considers the Issaquah School District impact fee amount. The Committee recommends that the R-10 zone not be amended to allow attached townhouses or flats on pre-existing lots. The Committee recommends that the issue of appropriate zoning and unit types for duplexltownhouse uses be addressed through the"Cedar River Subarea Plat"process in a separate work program. The Committee further recommends concurrence in the staff recommendation to deny requested amendments to the binding site plan amendment proposal and support 1) allowances for condominiums and 2) revisions to the PUD Regulations (RMC 4-9-150). The Committee further recommends concurrence in the staff recommendation for the PUD amendments and to require consistency with Ord. 5124 regarding nonresidential open space standards. Dan Clawson, Chair &no , (J4tr._ Denis W. Law, Vice Chair Marcie Palmer, Member cc: Alex Pietsch Rebecca Lind March 14,2005 —' Renton City Council Minutes •61° Page 82 ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: * The Specialized Recreation Winter Sports Banquet will be held at the Senior Activity Center on March 16th. This year's event is generously supported by a donation from The Soroptimist International of Renton. * In response to the Governor's declaration of a statewide drought emergency due to expected low water supplies from low snow pack in the mountains, the City recommends that customers use water wisely. The City's water supply is not immediately impacted by the low snow pack because the supply comes from groundwater in the Cedar Valley Aquifer. However, the City recommends that customers try not to use more water than necessary,especially during summer months when water use can double that in winter months. AJLS: Remembering Former Mayor Keolker-Wheeler expressed sadness at the loss of former Mayor Barbara Mayor Barbara Shinpoch Shinpoch who passed away on March 9th. Ms. Shinpoch served as Renton's Mayor from 1980 through 1987. Mayor Keolker-Wheeler relayed that Ms. Shinpoch did not want memorial services, but that anyone who was interested could contribute to the Renton Salvation Army Food Bank and the Renton Historical Society. Mayor Keolker-Wheeler stated that Ms. Shinpoch will be missed by everyone who knew her,and pointed out that she was a mentor and a friend to her and a stellar example of a good leader. AUDIENCE COMMENT Nora Schultz, 540 Williams Ave. N.,#12,Renton, 98055, spoke on the topic of Citizen Comment: Schultz- her Title IV docket item concerning the R-10 zone amendment to allow Development Regulations attached townhouses or flats on pre-existing lots. She indicated that the density (Title IV)Docket,R-10 Zone calculation overrides the zoning of her property on Wells Ave. N., on which she Amendment Request wants to build a duplex. Ms. Schultz expressed disappointment with the staff Titrecommendation to take no action and instead address the issue through the Cedar River Master Plan for 2005/2006, which means that she may be able to obtain a building permit in 2008. Noting that it seems as though the amendment will eventually occur anyway, Ms. Schultz asked Council to expedite the process so she can build on her property sooner rather than later. Councilman Clawson acknowledged Ms. Schultz's concern,but pointed out that careful consideration is necessary when making zoning changes. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of March 7, 2005. Council concur. March 7,2005 Development Services: Development Services Division recommended acceptance of a deed of Oakesdale Commerce Center- dedication for a 40-foot-wide strip of land known as Tract E on the west side of West Binding Site Plan ROW Springbrook Creek to fulfill a requirement of the Oakesdale Commerce Center- Dedication, Springbrook Creek West Binding Site Plan (LUA-03-089). The land will be used for the development of a trail and open space system. Council concur. Development Services: Trench Development Services Division recommended approval of an ordinance that Restoration &Street Overlay revises the trench restoration and street overlay requirements. Refer to Requirements Transportation(Aviation)Committee. 0 a, 0 0 C CD G "' N vp�i ° � S c 0 0 Wit' w 0 r bri CA Y z o b D cr oa G .1, a 5.G w i z -0 'v • a s C '' o _ w c n o• o < o 1 `< = (PP C 1 .1 ►-3 �' oo n as _ o a o � 5' c° � `� o' er co y CO , C = o �. » p., o G.,� CD 0- z Ci" S 0III , '"-� �7 c = K s cn a rp o b a b4 'rJ �^p •`ti 69 N N a' w O w 0rL, G O., S 1—, G. Y v < w o 'b G o w o r-r c _ co 7 LA C Z m < 'b 4 CD Q a -, s ,— C, a. C c' �' N = " ro 0 O a ;. n • n G = o 'cD 7 °na G,rit? -1 ? c r, ' !* b 0 w c ° 'ti o C"c o Po 0 G. 0r � 1 < Q- < CCD ° e° = C x 10 0 w w �: Po l l O o �(to „ „' 2 to c CD "'t � �y c) 5 O `<611 w b as a a o 10 5 k CD �. � , S o � � .ti c o o w "C u a- o �' 0- ". O- '< � _sue ° Nol O A' n 0. n G ~ m m w n. = • S ti 0 VW ". CCDD Po 0_ S o �' a ^G (o c C11. R O� o a 41 °c o o CD rigcn co 05' ''Cl c x m x w cco cra - - -°J' 21 S O..`< CCD CCDD MI rig CD A c- / f 1���N ," m oo ''' " m o a °°m z za• 0 w00 gyo w g —CY no m am aA '� wWm�•cnb P E 8'O'- .el"• .x woo 5 rr �' c° m o �o '„q,�O p p`lLiln 00m S'o< '.b m b'o m n'a ° n lt�� aT m Cii o m �,.< warnmm owo �*�� p bt"d�iy ND o �cD w �,""+ w `a m (s)— CDp 0 a, • w�" m ddo'mJ�( ° ow +, O m d o,0 a 8 m '8 0.0 �`<$ oo'(w G� February 28,2005 Renton City Council Minutes • Page 59 Mr. Renner also announced that Ryan Spencer was chosen as the 2004 Employee of the Year, and the Facilities Technical Team was chosen as the 2004 Team of the Year. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Vacation: Bremerton Ave NE, accordance with local and State laws, Mayor Keolker-Wheeler opened the Liberty Ridge,VAC-04-007 public hearing to consider the petition to vacate three portions of Bremerton Ave. NE, located south of NE 4th St. and north of SE 2nd Pl. (Liberty Ridge LLC; VAC-04-007). Karen McFarland,Engineering Specialist,explained that the petitioner plans to use the subject vacation area in the proposed Elmhurst Plat to create a uniform half-street right-of-way width along the western half of Bremerton Ave. NE. She noted that the vacation area does not contain any City facilities. Ms. McFarland reported that the vacation request was circulated to various City departments and outside agencies for review and no objections were raised. Continuing, Ms. McFarland pointed out that both the Transportation Systems Division and the Development Services Division recommended that a 25-foot right-of-way width from the road centerline be maintained. She stated that staff recommends approval of the vacation subject to the two northerly portions being set to a maximum vacation width of 12.5 feet to allow for the 25-foot right-of-way width, and subject to the petitioner providing satisfactory proof that outside utilities are satisfied with any easements necessary to protect their facilities. Public comment was invited. David Halinen, 10500 NE 8th St., Suite 1900, Bellevue, 98004, representing the petitioner Liberty Ridge LLC, expressed agreement with the conditions as recommended by staff and urged Council to approve the vacation proposal. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL APPROVE THE REQUEST TO VACATE THREE PORTIONS OF RIGHT-OF-WAY ALONG BREMERTON AVE. NE SUBJECT TO THE FOLLOWING CONDITIONS: THE TWO NORTHERLY PORTIONS OF THE ORIGINAL REQUEST BE SET TO A MAXIMUM VACATION WIDTH OF 12.5 FEET, AND THE PETITIONER PROVIDE SATISFACTORY PROOF THAT OUTSIDE UTILITIES HAVE RECEIVED AND ARE SATISFIED WITH ANY EASEMENTS NECESSARY TO PROTECT THEIR FACILITIES IN THE VACATION AREA. CARRIED. Planning: Development This being the date set and proper notices having been posted and published in Regulations (Title IV)2004 accordance with local and State laws,Mayor Keolker-Wheeler opened the Docket&Amendments public hearing to consider the 2004 City Code Title IV (Development Regulations)Docket and related amendments. Alex Pietsch, Economic Development Administrator, explained that the purpose of the Title IV Docket is to consider annual zoning code text amendments proposed by both applicants and the City of Renton. The City reviews the text amendments as a group once a year, although some items may February 28,2005 '`.r Renton City Council Minutes •.,of Page 60 be the subject of separate work programs. He introduced Lisa Grueter, consultant with the land use consulting firm Jones & Stokes Associates, who reviewed the ten amendment requests. Lisa Grueter stated that the proposed changes to Title IV, Chapter 1, include: cleaning up long-standing inconsistency, interpretation, and organization issues; addressing school impact fees by consolidating subsections and removing provisions that are more suitable for the interlocal agreement or appear unnecessary; and instituting the current City practice in cases where the City requires securities or bonds. In Chapters 2 and 7,Ms. Grueter noted that amendments are recommended to address an inconsistency between the minimum lot size and the maximum density in single-family zones. Ms. Grueter reported an amendment to the R-10 zone (Chapter 2) proposed by Nora Schultz, who owns a property on Wells Ave. N. Ms. Schultz desires to build a duplex that meets the minimum lot size; however, the density is greater that ten units per acre. City Code does not allow attached units on pre-existing smaller lots if the maximum density is exceeded. Ms. Grueter reviewed four options that address this matter as follows: 1)No action; 2) Allow multiplexes on individual pre-existing lots that meet the minimum lot size but not the maximum density in the North Renton area only; 3) Allow multiplexes on individual pre-existing lots that meet the minimum lot size but not the maximum density by requiring a conditional use permit; and 4) Amend the Comprehensive Plan land use map and rezones to higher densities in selected areas such as North Renton. Ms. Grueter stated that the Planning Commission and staff recommends taking no action on this request, and addressing the matter through the Cedar River Master Plan for 2005/2006 for the North Renton area. Moving on to the amendment concerning habitat set-aside in the Green River Valley(Chapters 2 and 4),Ms. Grueter noted that the City's land acquisitions have exceeded the original multijurisdictional target, and staff recommends determining and documenting that the two percent habitat set-aside provisions have been fulfilled and can be deleted from City Code. She reported another amendment,proposed by Courtney Flora, regarding binding site plan (BSP) provisions (Chapter 7)that are applicable to commercial, mixed use, and industrial zones. Ms. Flora requests allowing subdivision of the Washington Technical Center and similarly situated properties by treating the site as a whole when considering compliance with zoning and development standards. Ms. Grueter noted concerns with this proposal, including future property owner disputes, creation of nonconformities, smaller lots and fragmentation,and economic shifts. She reviewed the BSP options as follows: 1)No action; 2) Revise BSP provisions so that, when reviewed as a whole, the site meets all of the zoning and subdivision requirements; 3)Revise BSP provisions to include allowances for condominiums as an option when the minimum lot size requirements cannot be met through the BSP process; and 4)Revise the planned unit development(PUD)regulations to allow for commercial/industrial PUDs. Continuing,Ms. Grueter reported that the next amendment concerns Growth Management Hearings Board appeals (Chapter 8). Staff recommends correctly identifying the appeals process for City Council actions on Comprehensive Plan and Development Regulation amendments. Another amendment concerns the February 28,2005 Renton City Council Minutes — Page 61 permit and SEPA (State Environmental Policy Act)process for nonproject actions (Chapters 8 and 9). Ms. Grueter said this proposal addresses the timing of the environmental review and the separation of the SEPA appeal and the legislative hearing. Ms. Grueter stated that the final amendment concerns PUD regulations (Chapter 9). She explained that PUD regulations allow modification of standard development regulations in exchange for open space or innovative designs not otherwise allowed by the basic regulations applicable to a site. The proposal modernizes the regulations, and provides a process to request modifications to development standards in exchange for public benefits. The amendments address applicable zones, the types of regulations that may be varied with the PUD regulations,and other procedural items. In conclusion, Ms. Grueter indicated that all docket items will remain in the Planning and Development Committee for study. In regards to the PUD regulations, Councilman Corman inquired if the possibility of allowing apartment houses, via clustering, in the R-1 zone has been eliminated. Ms. Grueter confirmed that variations are not allowed to the permitted uses or the densities. Public comment was invited. Nora Schultz, 540 Williams Ave. N.,#12, Renton, 98055, spoke on the subject of her docket item concerning the R-10 zone amendment. She pointed out that the nature of the North Renton area is changing, the R-10 zone only applies to a portion of the North Renton area, and the area is already highly dense, due in part to a number of existing non-conforming use structures. Ms. Schultz indicated that a duplex will not adversely affect the area, and expressed her support for the second or third option presented by City staff that allow multiplexes in only North Renton or by conditional use permit. Courtney Flora, 2025 1st Ave.,#1130, Seattle, 98121, spoke on behalf of Transpacific Investments, the proponent of the BSP amendment that applies zoning and development standards to the entire B SP site rather than each individual lot. Noting that the amendment has been adopted by other jurisdictions, she explained that the proposal allows sites to be broken up and marketed to individual users. She pointed out that this will help Renton, as the City is experiencing a high vacancy rate, and will level the playing field with other jurisdictions. Ms.Flora noted the importance of attracting businesses that can actually use what is available. In regard to the PUD amendments, she stated that it is unclear whether an existing office park will be able to comply with those regulations. Stan Kleweno, 101 SW Main St.,#350, Portland, OR,97204, stated that Transpacific Investments is pursuing the BSP process amendment as a way to compete in a challenging market. He indicated that it is difficult for individual tenants and businesses to build and develop a property on their own, and this would be an opportunity to attract tenants, owners, and users to the area. Mr. Kleweno acknowledged that the leasing market can change; however, the ability of a business proprietor to own property is invaluable in the current market condition or any other. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. CITY COUNCIL PUBLIC HEARING City of Renton Municipal Code, Title IV Procedural and Development Regulation Revisions 2004 February 28, 2005 The City reviews Municipal Code Title IV text amendments as a group once per year, although some items may be the subject of separate work programs. The purpose of the Title IV Docket is to consider annual zoning code text amendments proposed by both applicants and the City of Renton. Table 1 provides a summary of the proposed code amendments considered as part of the Docket or as individual related work programs. A summary of the requests, options reviewed, and staff and Planning Commission recommendations is available. Contact Strategic Planning at 425-430-6575 for a copy. Table 1. Title IV Amendment Requests Title 4, Chapter 1, Housekeeping Amendments: 04-1 Docket Item: Yes Proponent: City of Renton Summary: Amend to be more concise, better organized, and internally consistent. Title 4, Chapter 1: School Impact Fees: 04-2 Docket Item: Yes Proponent: City of Renton Summary: Amend to be more concise, and remove provisions that are more suitable for the Interlocal Agreement or appear unnecessary. Title 4, Chapter 1: 4-1-230 Sureties and Bonds Docket Item: No Proponent: City of Renton Summary: Amend RMC 4-1 Administration and Enforcement to codify common City of Renton conditions and practice in cases where the City requires securities or bond. Title 4, Chapters 2 and 7: Minimum Lot Size and Maximum Density: 04-5 Docket Item: Yes Proponent: City of Renton Summary: Consider possible amendments to Title 4 in order to address an inconsistency between minimum lot size and maximum density in single-family zones. Title 4, Chapter 2: R-10 Zone, Attached Townhouses or Flats on Pre-Existing Lots: 04-13 Docket Item: Yes Proponent: Nora Schultz 460 Table 1. Title IV Amendment Requests Summary: The proponent owns a property on Wells Avenue North currently zoned R-10. The proponent's desire is to build a duplex on the property that meets the minimum lot size, which would result in a density greater than 10 units per acre. Section 4-2-110F specifies that the density requirements take precedence over the minimum lot size standards. The code does not allow infill of multifamily structures on existing lots that meet the minimum lot size but do not comply with density limits. Options reviewed address possible policy and code amendments that allow multiplexes(2, 3, or 4 units) on lots that meet the minimum lot size but not the zone density. Some options would apply design standards. Some options would limit the effect of the regulations to North Renton, or limit the multiplexes by requiring a conditional use permit. Another option conceptually reviews the potential for Comprehensive Plan land use map and rezones; however this would require review in 2005 as part of the annual Comprehensive Plan amendment process. Title 4, Chapters 2 and 4: Green River Valley Landscaping: 04-6 Docket Item: Yes Proponent: City of Renton Summary: Determine/document if 2%habitat set-aside provisions have been fulfilled and can be deleted from the code. Title 4, Chapter 7: Subdivisions Regulations: Binding Site Plan: 04-8 Docket Item: Yes Proponent: Courtney Flora Summary: The proponent has opted to seek a text amendment to RMC 4-7-230, the City's binding site plan regulations, to allow further subdivision of the Washington Technical Center and similarly situated properties by treating the site as a whole when considering compliance with zoning and development standards. The binding site plan process is applicable to commercial,mixed use, and industrial zones. Other code amendment options address provisions to combine condominium ownership with binding site plans, as well as amending the current PUD regulations (see below). Title 4 Chapter 8: Appeal Process—Growth Management Hearings Board: 04-11 Docket Item: Yes Proponent: City of Renton Summary: Correct the appeals process for Growth Management Act actions. Title 4, Chapters 8 and 9: Permit and SEPA Process For Nonproject Actions Docket Item:No Proponent: City of Renton Summary: Identify and address options for the timing of environmental review for nonproject actions and consider amendments for consistency with SEPA rules regarding the separation of hearings for nonproject actions. Title 4, Chapter 9: Planned Unit Development(PUD) Regulation Update Docket Item: No Proponent: City of Renton Summary: The proposal would modernize the City's current PUD regulations and provide a process to request modifications to development standards in exchange for public benefits. The amendments address applicable zones, the types of regulations that may be varied with the PUD regulations, and other procedural items. 2 Renton Title IV Docket City Council Hearing February 28,2005 oteimmimmommatc Purpose ■ Adopt a series of regulation amendments to Title IV as part of the annual docket process(RMC 4- 9-025) ■ Most procedural or housekeeping • Substantive issues related to R-10 zone,binding site plan provisions,and PUD regulations Proposed Amendments A.4-1:Housekeeping Changes B.4-1:School Impact Fees C.4-I:Sureties And Bonds D.4-2 and 4-7:Minimum Lot Size and Maximum Density E.4-2:R-10 Zone,Multiplexes on Pre-Existing Lots F. 4-2 and 4-4:Green River Valley Landscaping G.4-7:Subdivisions Regulations:Binding Site Plan H.4-8:Appeal Process—Growth Management Hearings Board I. 4-8 and 4-9:Permit and SEPA Process For Nonproject Actions J. 4-9:Planned Unit Development(PUD)Regulation Update(related to BSP). 1 RMC 4-1 Housekeeping Changes Amendments to clean up long-standing inconsistency,interpretation,and organization issues identified by various staff PBPW. List of Comp.Plan Elements matches GMA Duties of interpretation(e.g.Zoning Administrator) Definitions of violation and statement of remedies/penalties Reorganization of PW fees(no change to fees themselves) Clarify that fee waiver for CD,RM-U and RM-T replenished from tax revenues(not just mitigation fees replenished). mielimiimummummere- School Impact Fees • Purpose:Reduce and streamline Title 4&set up a framework within which future amendments could be made to convert SEPA mitigation fees to impact fees if City pursues this approach. Consolidate 14 subsections into five subsections and Remove provisions that are more suitable for the Interlocal Agreement or appear unnecessary. • Review of ISD Capital Plan and any fee adjustments--separate process. t Sureties . Overview:What are sureties? Devices that set aside funds as a guarantee to ensure that infrastructure,landscaping,and environmental mitigation are installed and maintained to City satisfaction,or for temporary uses to ensure they are removed when the time limit is reached. . Features-Proposal would institute current City practice: Type of security devices:cash,letter of credit,set aside letter, savings account,and performance or maintenance bond. Requirements(City is payee,binding heirs,etc.) City approval tied to term of security device-If the device Is not renewed and the Improvements or conditions are not fulfilled,the City's approval would lapse. Ability to transfer obligation of the security device. Provisions addressing default,failure to complete work. Release of securities for private/onsite Improvements and for public improvements. 2 ■ Min. Lot Size and Max. Density ■ Amend the RMC 4-7(Subdivision Regs)to require: Further subdivision of lot(s)must be consistent with the applicable maximum density requirement as measured within the plat as a whole. • Amend the RMC 4-2 single family zones with a note: Covenants shall be filed as part of any final plat that establishes that future division of land within the plat must be consistent with the maximum density requirements as measured within the plat as a whole. ■ Does not affect R-10 and R-14 because those zones explicitly state that density controls over lot size and covenants are required to establish the density and unit mix for those zones. ■ ■ R-10 Zone Amendment ■ A Renton property owner,Nora Schultz,owns a property on Wells Ave N zoned R-10. • Desire is to build a duplex on the property. ■ R-10 zone allows multiplexes(up to 4 attached)on smaller lots in new subdivisions if overall plat density is met. • Zone does not permit attached units on preexisting smaller lots if max.density would be exceeded. ■ Question—should the R-10 zone be amended to allow multiplexes on preexisting lots that meet the min.lot size but exceed the max.density? > • Q � \\\ -10 in N. Renton I 10' 1M D `5.000 Sq.Ft. E—_; 5,000-7.499 Sq.Ft. I 7.500-10,000 Sq.Ft. / 1 / >10.000 Sq.Ft. Dpelk 14 3 R-10 Options l.No Action--Density Controls over Lot Size. A"Cedar River Master Plan"to be developed in 2005/2006.Could look at zoning options In the North Renton area. 2.Allow multiplexes on indiv.pre-existing lots that meet the min.lot size but not the max.density—but only in N. Renton Policy LU-165 would need to be amended. Could require some standard design features. The mix of SF and MF could change to become more uniformly multiplex in N.Renton on lots smaller than 8,700 s.f. 3.Allow multiplexes on indiv.pre-existing lots that meet the min.lot size but not the max.density—but by ADCUP. Same issues as#2,more oversight. ■ R-10 Options (cont.) 4.Amend Land Use Plan/Rezone to higher densities if City vision has changed in selected areas such as North Renton arterial frontage lots. e.g.RM-T zone:"The RM-T Zone occurs in areas where compact,traditional residential neighborhood development already exists,or...where traditional residential neighborhoods are planned in the future. Density ranges from fourteen(14)to thirty five(35) du/acre." Policy decision requiring Comp.Plan amendment. ■ a R-10 Recommendation ■ Recommendation:Option I No Action— Do not amend the R-10 zone. Address the Issue of appropriate zoning and unit types through the"Cedar River Master Plan"work program for 2005/2006 addressing the North Renton area. ■ Allowing duplexes on existing smaller lots meeting the lot size of 5,000 s.f. Could lead to densities that are significantly higher than the R-10 zone maximum-up to 17 du/ac Would not meet the current R-10 zone intent. Allowing lot size to control may mean more multiplexes In established R-10 neigh'ds without a way to control dwelling mix as happens in newly created larger plats. 4 Green River FF� ` 7 �� Y—." dh� Valley: City A j lL i Ownership 4 & Wetlands �� i -k s „� jj r Y • r I 1 ,a F 1 Imp= 441-1 t Green River Valley '' "" ■ Green River Valley Habitat Set aside - Recommendation ■ The City should repeal the 2%habitat set aside regulations in RMC 4-2 and 4-4. City's land acquisitions have exceeded the original multijurisdictional target(purchased 340 ac.with approx. 208 ac.of wetlands greater than 110 acre target) The City's critical area,shoreline,and clearing regulations are essentially substitute regulations that achieve the intent for habitat protection that the 2%set aside was enacted to provide. ■ ■ Binding Site Plan - Request ■ Revise BSP provisions so that,when reviewed as a whole,the site meets all of the zoning and subdivision requirements. 5 a Binding Site Plans - Key Issues . Pitfalls of treating the site as a whole: Future property owner disputes—need for complex cross easements,Joint use and maintenance agreements,etc. Creation of nonconformities—that require ongoing administrative interpretations and review. Smaller lots and fragmentation—reduces the redevelopment potential of the sites—"freeze"development in place. Reducing the individual lot sizes below the minimum zone standards could circumvent the zones'purposes. .Industrial,Office,and Urban Center zones--larger scale, .Corridor Commercial zone intended for smaller comm.&bus. development. .Allowing parcel fragmentation could result in defacto'Yezones". a' eiMMMIIillMMIIIMIMMIIIriW Binding Site Plans- Key Issues (cont.) The incremental and potentially uncertain benefit of attracting a different pool of"business buyers"as opposed to"business tenants"appears short-term In nature. Economic shifts may result in a greater demand for vacant space without the need for the code amendment. The City should consider Its overall long-term vision: .The City is trying to reinvent itself and shouldn't limit long term economic development goals; .The City is an Urban Center which will have spin-off and supporting economic development; . Having zones with larger properties are important for the City's vision/strategies. . t At t� t gir a {'r 1( I ... 't, .'' I ' � f " .4 le , `r i FIN f , au . i e r . Sample Binding Site Plan Lot Configuration 6 • Binding Site Plans - Options No Action-Keep the current requirements that the development standards for the underlying lot apply to each individual lot created.(Staff recommendation) Revise BSP provisions so that,when reviewed as a whole,the site meets all of the zoning and subdivision requirements. Revise BSP provisions to include allowances for condominiums as an option when the minimum lot size requirements cannot be met through the binding site plan process. Revise the PUD Regulations(RMC 4-9-150)to allow for commercial/industrial PUD's. InIgliMMIIIIIIIMIIMMISW GMHB Appeals • Purpose:Correctly identify the appeals process for City Council actions on Comprehensive Plan Amendments and Development Regulation Amendments. Tables in RMC 4-9 show that appeals of City GMA related decisions would go to Superior Court,when they would need to be be filed with the Growth Management Hearings Board(GMHB). The GMHB decisions then may be appealed to Superior Court. • Ordinance specifies: Who may file an appeal Matters which may be appealed Who has standing Time for an appeal Contents of Petition • ■ Changes to Permit Process -- Nonproject • Public Process—No Code Changes The Notice of Application process should be retained. Public hearing notices would continue. Consider other public participation techniques when preparing the public participation plan for the annual CPAs or Title IV docket amendments.GMA requires plan;City practice more formalized. Administrative Appeal-Keep current process that allows. • Environmental Review—Code Amendments. For nonproject actions,start env.review before hearing on proposal,but issue SEPA determination(e.g.DS,DNS,MDNS) after hearing on proposal-lets SEPA be conducted on more firmly described proposal. Housekeeping:Related to hearings on nonproject actions-SEPA appeal and legislative hearing do not need to be combined. 7 mi,AMMimminuminw PUD Amendments- Overview ■ Outgrowth of BSP docket options,but long outdated. ■ PUD regulations allow modification of standard development regulations in exchange for open space or innovative designs not otherwise allowed by the basic regulations applicable to a site. ■ E.g.cluster developments,low impact developments,zero lot line developments,or other approaches may be allowed with the process. ■ a PUD Amendments - Issues and Approach ■ Which zones are eligible? Currently the City's PUD regulations only apply to residential zones. Recommended code allows Planned Unit Development regulations to be applied in residential zones and commercial,mixed use and industrial zones. .Options include allowing PUDs with any City zone,or any City zone except R-1 and R-4 zones,which have their own cluster regulations,or the COR zone since it is like a"master plan"zone now with few numeric standards. ■ a PUD Amendments - Issues and Approach (Cont.) ■ What regulations should be allowed to be varied? Allow variations to: .Zoning,subdivision,and parking standards(continue) .Property Development Standards in RMC 4-4 .Street standards in RMC 4-6.Streets could be public or private. .Allow modification of other standards with City Council approval D/sallowvariatioos to: .Allowed land uses or maximum densities .Utility standards in RMC 4-6(e.g.water,wastewater,storm water), .Building/fire codes in RMC 4-5 .Procedures .CAR,SMP,Tree Cutting/Land Clearing,and Grading .Can combine modifications/variances to these with PUD(keep same review criteria). 8 PUD Amendments- Issues and Approach (cont.) . Open Space:Currently,35%of the site inc.critical areas. Since critical areas may vary from site to site,an alternative would be to place emphasis on common usable open space. Residential:Open space must be equal to or greater in size than the total square footage of the lot area reductions requested by the PUD. Mixed Use,Commercial,Industrial:Similar to Urban Center req'ts with some recent amendments by EDINISP. . Process: City Council review of Preliminary PUD and HEX review of Final PUD. Consider HEX review and approval for existing nonresidential developments proposing to use the binding site plan process. The decision would be appealable to the City Council. 9 -7 ,._AIL !-4.7- ®O91 S aasel ,.2rzti-,.,.- ciagei ssaappy ®A 13AV V Elizabeth McNagny SEPA/GMA Coordinator Steve Penland Department of Social and Health Department of Ecology Department of Fish and Wildlife Services Post Office Box 47600 Post Office Box 43155 Post Office Box 45848 Olympia,WA 98504-7600 Olympia, WA 98504-3155 Olympia,WA 98504-5848 Review Team Harriet Beale Department of Community, Trade and Bill Wiebe Puget Sound Water Quality Action Team Economic Development Department of Transportation Post Office Box 40900 Growth Management Services Post Office Box 47300 Olympia,WA 98504-0900 Post Office Box 42525 Olympia,WA 98504-7370 Olympia,WA 98504-2525 Anne Sharar Nancy Winters John Aden Department of Natural Resources Department of Corrections Depa Post Office Box 47001 Post Office Box 41112 Divisioonn of t Drinking Water of Health 7822 Olympia,WA 98504-7001 Olympia, WA 98504-1112 Olympia,Pos Office WABo9 504- 98504-7822 Joyce D. Brandow Jose Ramirez Greg Smith 429 Wells Avenue N PO Box 1441 6811 Ripley Lane N Renton,WA 98055 Renton, WA 98057 Renton, WA 98056 Lynn Simpson Dan Sperry Courtney Flora 111 Wells Avenue N 2504 Crestmont Place W Seattle,1st Aveonue #1130 Renton,WA 98055 Seattle,WA 98199 WA 98121-2100 Nora Schultz 540 Williams Avenue N #12 Renton,WA 98055 ®09TS Kg apidwa$asn wisiaagS paaj 41oowS CITY OF RENTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 28th day of February, 2005, at 7:30 p.m. as the date and time of a public hearing to be held in the seventh floor Council Chambers of Renton City Hall, 1055 S. Grady Way, Renton, WA 98055, to consider the following: 2004 Title IV (Development Regulations) Code Docket and related amendments All interested parties are invited to attend the hearing and present written or oral comments regarding the proposal. Renton City Hall is in compliance with the American Disabilities Act, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-430-6502. Bonnie I. Walton City Clerk Published King County Journal February 11, 2005 Account No. 50640