HomeMy WebLinkAboutPublic Works/Dev Svcs Street Improvement Deferrals (11/21/2005) now Nor*
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Amends ORD 5156
CITY OF RENTON,WASHINGTON
ORDINANCE NO. 5170
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-9-060 OF CHAPTER 9, PERMITS — SPECIFIC;
OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO.
4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON, WASHINGTON" BY ALLOWING APPLICATION FOR A
FEE IN LIEU OF STREET IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 4-9-060.C.9 of Chapter 9, Permits — Specific, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton,Washington" is hereby amended to read as follows:
9. Fee In Lieu Of Required Street Improvements:
a. General. The provisions of this section establish under what
circumstances the requirements of this chapter may be satisfied with payment of a fee in
lieu of required street impovements.
b. Authority To Grant and Duration.
(1) Application: If the proposed development of the subject property
requires approval through a short plat approval described in the subdivision ordinance, a
request for payment of a fee in lieu of street improvements will be considered as part of
this process under the provisions of this section.
(2) Duration: If granted under a short plat review process, the
authorization to pay a fee in lieu of street improvements is binding on the City for all
development permits issued for that short plat approval under the Building Code within
1
ORDINANCE NO. 5170 Iwo
five (5) years of the granting of the request for payment of a fee in lieu of street
improvements.
c. Standards:
The City will not accept the applicant's proposed payment of a fee in lieu of street
improvements if the Planning/Building/Public Works Administrator or his/her designee
determines that it is in the City's interest that the street improvements be installed
abutting the subject property, taking into account such factors as the pedestrian safety
impacts that result from the development. The City may accept payment of a fee in lieu
instead of requiring installation of street improvements in the following circumstances:
(1) There are no similar improvements in the vicinity and there is no
likelihood that the improvements will be needed or required in the next five(5)years; or
(2) Installation of the required improvement would require substantial
off-site roadway modifications; or
(3) The Planning/Building/Public Works Administrator or his/her
designee determines that installation of the required improvement would result in a safety
hazard; or
(4) Other unusual circumstances preclude the construction of the
improvements as required.
d. Amount of Payment of Fee in Lieu of Street Improvements.
In each instance where the City approves a proposed fee-in-lieu under the
provisions of this section, the amount of the fee-in-lieu shall be 100 percent of the then-
estimated cost of constructing the street improvements that would otherwise be required
under this chapter, based on information compiled and kept current by the
2
ORDINANCE NO. 5170
Planning/Building/Public Works Department on the cost of street improvement
construction.
e. Use of Funds.
In each instance where the City accepts payment of a fee in lieu of installing a
street improvement under the provisions of this section, the City shall deposit those funds
into a reserve account and expend the funds collected within five (5) years of the date
collected to fund other pedestrian safety improvements in the City.
f. No Further Obligation from the Property.
In each instance where the City accepts payment of a fee in lieu of installing street
improvements, the subject property will not be subject to participation in future street
improvement costs (along the property frontage) unless redevelopment occurs that will
generate more traffic trips than what was occurring at the property at the time of the
payment of the fee in lieu of installation of street improvements.
SECTION II. Section 4-9-060.C.10 of Chapter 9, Permits — Specific, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington"is hereby deleted.
SECTION IIL This ordinance shall be effective upon its passage, approval, and.
30 days after publication.
PASSED BY THE CITY COUNCIL this 5 t h day of December 2005.
Bonnie I. Walton, City Clerk
3
ORDINANCE NO. 5170 rr
APPROVED BY THE MAYOR this 5th day of December , 2005.
47// f/ e-trekei- 14)kepg,
Kathy K t.er-Wheeler,Mayor
Approved as to form:
wrence J. Warre ity Attorney
Date of Publication: 12/9/2005 (summary)
ORD.1216:11/16/05:ma
• 4
December 5,2005 Renton City Council Minutes , Page 439
Rezone: Panther Creek An ordinance was read changing the zoning classification of the Panther Creek
Wetland, SR-167,R-8 to R-1 Wetland properties from R-8 (Residential -eight dwelling units per acre)to R-1
(Residential -one dwelling unit per acre) zoning; LUA-05-006,CPA 2005-M-1,
Area P. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL
REFER THE ORDINANCE FOR SECOND AND FINAL READING ON
12/12/2005. CARRIED.
Rezone: Maplewood Addition, An ordinance was read changing the zoning classification of the Maplewood
SE 11th St,R-8 to R-4 Addition properties from R-8 (Residential-eight dwelling units per acre)to R-
4 (Residential-four dwelling units per acre)zoning;LUA-05-006,CPA 2005-
M-1,Area K3. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL
REFER THE ORDINANCE FOR SECOND AND FINAL READING ON
12/12/2005. CARRIED.
Comprehensive Plan: 2005 An ordinance was read amending Chapter 2,Zoning Districts-Uses and
Amendments,R-1 and RC Standards of Title IV(Development Regulations) of City Code by revising land
Zones uses in the RC(Resource Conservation) and R-1 (Residential-one dwelling
unit per acre)zones. MOVED BY CLAWSON, SECONDED BY PALMER,
COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL
READING ON 12/12/2005. CARRIED.
Planning: Residential Uses in An ordinance was read amending Chapter 4-2,Zoning Districts -Uses and
the Commercial Arterial Zone Standards, Chapter 4-3,Environmental Regulations and Special Districts, and
Chapter 4-4,Citywide Property Development Standards, of Title IV
(Development Regulations)of City Code by changing the provisions for
residential uses within the CA(Commercial Arterial)zone. MOVED BY
CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING ON 12/12/2005.
CARRIED.
The following ordinance was presented for first reading and advanced for
second and final reading:
Budget: 2006 Property Tax An ordinance was read amending and reestablishing the property tax levy for
Levy the year 2006 for both general purposes and for voter approved bond issues.
MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL ADVANCE
THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED.
Ordinance#5168 Following second and final reading of the above ordinance, it was MOVED BY
Budget: 2006 Property Tax LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS
Levy READ. ROLL CALL: ALL AYES. CARRIED.
The following ordinances were presented for second and final reading and
adoption:
Ordinance#5169 An ordinance was read amending Sections 4-1-170 and 4-1-180 of Chapter 1,
Utility: System Development Public Works Fees, of Title IV (Development Regulations)of City Code by
Charges,Annexation Fee changing the fee schedules. MOVED BY LAW, SECONDED BY CORMAN,
COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL
AYES. CARRIED.
Ordinance#5170 An ordinance was read amending Section 4-9-060 of Chapter 9, Permits-
Development Services: Specific,of Title IV(Development Regulations) of City Code by allowing
Deferral of Street application for a fee in lieu of street improvements. MOVED BY CLAWSON,
Improvements SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
November 28,2005 *'' Renton City Council Minutes "'�'' Page 424
The Committee further recommended approval of funding the following
administrative newsletter application: Summerwind Homeowners Association-
Annual printing expenses for a printed and mailed quarterly newsletter($279).
The total of the second round of applications is $17,446, leaving a remaining
budget of$681. MOVED BY NELSON, SECONDED BY PALMER,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Councilwomen Nelson announced that in February 2006, Neighborhood
Coordinator Norma McQuiller will present a full report on the neighborhood
grant projects.
Appointment: Planning Community Services Committee Chair Nelson presented a report
Commission recommending concurrence in the Mayor's appointment of Joshua Shearer to
the Planning Commission for a three-year term that expires 1/31/2008,
replacing Gerri Jackson.
In view of the City's standing procedure governing appointments to boards and
commissions, the Administration withdrew its recommendation for
reappointment of a current Planning Commission member. MOVED BY
NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Councilwoman Nelson noted that Mr. Shearer is highly qualified to serve as a
planning commissioner, and will be an asset to the commission.
RESOLUTIONS AND The following resolution was presented for reading and adoption:
ORDINANCES
Resolution#3782 A resolution was read authorizing the Mayor and City Clerk to execute
CAG: 04-103,2004-2005 Amendment#1 to the King County Waste Reduction and Recycling Grant
Waste Reduction &Recycling interlocal agreement, which provides for$104,296 in funding to implement
Grant Agreement,King Special Recycling Events, a Business Recycling Program, and the Natural Yard
County Care Program. MOVED BY CLAWSON, SECONDED BY NELSON,
COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED.
The following ordinances were presented for first reading and referred to the
Council meeting of 12/5/2005 for second and final reading:
Utility: System Development An ordinance was read amending Sections 4-1-170 and 4-1-180 of Chapter 1,
Charges,Annexation Fee Public Works Fees, of Title IV(Development Regulations) of City Code by
changing the fee schedules. MOVED BY CLAWSON, SECONDED BY
BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL
READING ON 12/5/2005. CARRIED.
Development Services: An ordinance was read amending Section 4-9-060 of Chapter 9, Permits -
Deferral of Street Specific, of Title IV (Development Regulations)of City Code by allowing
Improvements application for a fee in lieu of street improvements. MOVED BY CLAWSON,
SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR
�j SECOND AND FINAL READING ON 12/5/2005. CARRIED.
Annexation: Mosier II, 140th An ordinance was read annexing approximately 65 acres of property located
Ave SE&SE 136th St between 140th Ave. SE and Lyons Ave. NE,north of SE 136th St. (Mosier II
Annexation). MOVED BY BRIERE, SECONDED BY LAW, COUNCIL
REFER THE ORDINANCE FOR SECOND AND FINAL READING ON
12/5/2005. CARRIED.
i November 21,2005 ow, Renton City Council Minutes Page 411
Library: Catalog&Circulation Library Division recommended approval of a contract in the amount of$43,267
Tracking System Software with Dynix,Inc. for the automated catalog and circulation tracking system
Migration,Dynix software migration. Refer to Finance Committee.
MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS Transportation (Aviation) Committee Chair Palmer presented a report
Transportation(Aviation) recommending concurrence in the staff recommendation to approve the
Committee amended City Code Section 4-9-060C, City of Renton Deferral of Plat
Development Services: Improvements. The amendments will eliminate the option of deferrals subject
Deferral of Street to recording of restrictive covenants and establish a new option of voluntary
Improvements payment of a fee in lieu for approved street improvement deferrals. This option
will only apply to short plats,and only for short plats that meet the criteria for
deferral of the construction of the required street improvements associated with
the short plat approval.
The Committee further recommended that the ordinance regarding this matter
be prepared for first reading. MOVED BY PALMER, SECONDED BY
CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Finance Committee Finance Committee Chair Persson presented a report recommending
Finance: Business License Fee concurrence in the staff recommendation to approve changes to the business
Reporting Period license fee reporting period as follows: 1)annual invoicing of small businesses
(less than 50 employees); 2)quarterly invoicing of large businesses (50 or more
employees); and 3)establishment of a schedule when small businesses will
receive and pay their annual business license fee. The Committee further
recommended that the ordinance regarding this matter be presented for reading.
MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN
THE COMMITTEE REPORT. CARRIED. (See page 414 for ordinance.)
Committee of the Whole Council President Pro Tern Corman presented a Committee of the Whole report
Comprehensive Plan: 2005 recommending concurrence in the staff recommendation to add the West Hill to
Amendments, Inclusion of the City of Renton Potential Annexation Area(2005 Comprehensive Plan
West Hill in PAA Amendment File 2005-M-3). The Committee further recommended
concurrence in the staff recommendation to amend the City of Renton
Comprehensive Plan Land Use Map to adopt land use designations and a
Potential Annexation Area boundary as shown on the map "Proposed Land Use
Designations for the West Hill PAA," dated 11/14/2005. MOVED BY
CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Council: Committee on Council President-Elect Corman announced that the Committee on Committees
Committees will be comprised of himself and Councilmembers Nelson and Law.
Utilities Committee Utilities Committee Chair Corman presented a report recommending
WSDOT: I-405 to SR-169 Off- concurrence in the staff recommendation to grant the Washington State
Ramp Alignment Department of Transportation's request for approval of a concurrence letter for
the proposed alignment for the northbound 1-405 to SR-169 off-ramp and future
widening of 1-405. The Committee recommended that the Mayor and City
Clerk be authorized to sign the concurrence letter. MOVED BY CORMAN,
SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
77:7ntrED BY
C 717 COUNCIL
Date //-2/- �2005'
TRANSPORTATION/AVIATION COMMITTEE
COMMITTEE REPORT
November 21, 2005
Deferral of Street Improvements
(Referred October 24, 2005)
The Transportation Committee recommends concurrence in the staff recommendation to
approve the amended RMC 4-9-060C, City of Renton Deferral of Plat Improvements. The
amendments will eliminate the option of deferrals subject to recording of restrictive covenants
and establish a new option of voluntary payment of a fee-in-lieu for approved street
improvement deferrals. This option would only apply to short plats, and only for short plats
that met the criteria for deferral of the construction of the required street improvements
associated with the short plat approval.
The Committee further recommends that the ordinance regarding this matter be prepared for
first reading.
'21
1 %G2.; ,
`
Marcie Palmer, Chair
Don Persson, Vice Chair
<�
Randy Corman, Member
cc: Gregg Zimmerman,P/B/PW Administrator
Neil Watts,Development Services Director
Sandra Meyer,Transportation Services Director
Kayren Kittrick,Development Engineering Supervisor
Jan Illian,Engineering Specialist
November 21,2005 New, Renton City Council Minutes ""' Page 407
Karen McFarland,Engineering Specialist,explained that the petitioner is in the
initial stages of designing a short plat, and if the vacation is approved, the right-
of-way will allow development of an additional lot. 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.
However, the Community Services Department indicated that vacating the
property may impact the King County Regional Trail System. Although King
County has not formally responded, she said King County desires an easement
so a future trail can be accommodated. Additionally, Comcast indicated that an
easement is needed for its facilities.
In conclusion,Ms. McFarland stated that staff recommends approval of the
request to vacate, subject to the petitioner providing satisfactory proof that
Comcast and King County have received the necessary easements.
Councilman Persson expressed concern regarding the lack of response from
King County, and indicated he does not want the process to be delayed as a
result. Ms. McFarland stated that staff is recommending that the petitioner
grant King County an easement for the area in order for the process to move
forward.
In response to Councilman Corman's inquiry,the applicant's representative Jim
Hanson, 17446 Mallard Cove Lane, Mt. Vernon, 98274, confirmed that the
vacation area is not paved.
Public comment was invited.
Previous speaker Jim Hanson relayed that the applicant concurs with the staff
recommendation.
There being no further public comment, it was MOVED BY CLAWSON,
SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED.
MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL
APPROVE THE VACATION PETITION. CARRIED.
Development Services: This being the date set and proper notices having been posted and published in
Deferral of Street accordance with local and State laws,Mayor Pro Tern Briere opened the public
Improvements hearing to consider replacing the existing option for deferral of street
improvements by restrictive covenants for short plats, with a fee in lieu of
constructing street improvements.
Gregg Zimmerman,Planning/Building/Public Works Administrator, reported
that City Code requires developments involving residential subdivisions to
install street improvements, which can include curbs, gutters, sidewalks, street
lights, and the extension of utilities. For short plats, the developer may request
deferral of some of the required improvements under certain circumstances.
Jan Illian,Engineering Specialist, indicated that two types of deferrals currently
exist. The first allows a developer to temporarily defer street improvements by
submitting a security devise that is released when the improvements are
completed, and the second allows a developer of a short plat to defer street
improvements with a restrictive covenant. She stated that staff proposes
removing the existing option for deferral of street improvements by restrictive
covenant for short plats, and replacing it with a deferral of the street
November 21,2005 New Renton City Council Minutes `"'" Page 408
' improvement subject to a voluntary fee in lieu to the City of the estimated costs
for the deferred street improvements.
Ms. Illian explained that the restrictive covenant commits the property owner to
not protest participation in a future Local Improvement District(LID)or City
capital improvement project to install the improvements. Even though the
restrictive covenant is recorded against the title of the property,property
owners may be surprised when they are required to pay for street
improvements. She reported that since this deferral option was adopted in
1995,over 100 restrictive covenants have been recorded. To date,no LIDs or
capital improvement projects have triggered the enforcement of the restrictive
covenants.
Continuing,Ms. Illian stated that the proposed option requires that a special
street fund be set up to receive the payments, and the funds will be used to
build sidewalks or other street frontage improvement projects throughout the
City. She pointed out that this option assures fairness for developers regarding
costs of City-required improvements, and provides the City with financial
means to build the improvements at a later date without having to require the
residents to make financial contributions to the project.
Responding to Councilman Clawson's inquiry as to what kind of improvement
this type of deferral applies to, Mr.Zimmerman explained that the deferral is
used for infill development, is usually applied to short plats of four or fewer
lots, and is common in isolated places where contiguous street improvements
are lacking. A short plat's street frontage is often 100 to 120 feet, and if street
improvements are installed by the developer, the result may be an improved
strip of frontage length that is out of character with the rest of the
neighborhood. He noted that the improvements may need to be torn out and
replaced in the future if a larger project is built.
In response to Councilman Law's inquiry, Mr. Zimmerman stated that larger
area improvements can take place through LIDS, which do not occur very often,
or through City capital improvement projects, which are more common. Even
though owners of property with the restrictive covenants are required to
financially participate in the project, they are still surprised when presented
with the bill. He indicated that this has caused controversy in other cities. Mr.
Zimmerman noted staffs preference for the proposed option, where the
developer voluntarily contributes a dollar amount equal to the cost of the
improvements, which will be placed in a special fund.
Noting that the developer will pass on the cost to the new homeowner,
Councilman Law commented that the homeowner will have already paid for a
future sidewalk that other nearby residents will not have to pay for. Mr.
Zimmerman agreed that is a concern; however, the fees will substantially add to
the City's expanded sidewalk program, and potentially result in improvements
reaching neighborhoods more quickly than by the current restrictive covenant
method.
In response to Councilman Persson's inquiry, Mr. Zimmerman confirmed that
property owners will not have to participate in a future LID or capital
improvement project if the improvements costs have already been paid. Mr.
Persson noted that the costs for future improvements will be paid in today's
dollar value.
November 21,2005 Renton City Council Minutes Page 409
•
Councilman Clawson agreed with the elimination of the restrictive covenant
deferral, and pointed out that the proposed deferral option may benefit a
neighborhood, if not the individual lots, by improving a sidewalk near a school.
Public comment was invited.
Jim Hanson, 17446 Mallard Cove Lane, Mt. Vernon, 98274,expressed concern
that a property owner or developer will pay a fee for a sidewalk in front of the
property, and the fee will be used for a sidewalk elsewhere in the City. He
recommended that the City be reasonable in the charging of the fee for the
small projects,as a small project by itself can cost more than if it were part of a
larger project. Mr. Hanson also recommended that the criteria for qualifying
for the proposed deferral option be made less restrictive than it is now for the
restrictive covenant deferral.
James Jacques, 1216 N. 38th St., Renton, 98056, questioned whether a
developer has the option of either deferring or installing the improvements.
Receiving an affirmative reply,Mr.Jacques indicated that he would most likely
install the improvements himself,rather than pay the fee. He noted,however,
that this option will continue to result in intermittent street improvements.
Councilman Corman commented that as a practical matter, there may be fewer
deferrals; therefore, the standards need to be such so that the sidewalks will
ultimately link up correctly.
Julie Dalpay, 13033 SE 95th Way,Renton, 98056, suggested that when a plat is
developed, the surrounding neighbors be asked if they want to continue the
street improvements beyond the plat, as the improvements enrich the
neighborhood and property values.
In response to Councilman Persson's inquiry, Mr. Jacques stated that he may be
able to install the improvements less expensively than the City can. Mr.
Persson suggested that the City price the improvements at the contractors'price.
Mayor Pro Tem Briere commented that it will be nice to have the intermittent
street improvements connected together in the future.
There being no further public comment, it was MOVED BY CLAWSON,
SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED. (See page 411 for Transportation Committee report.)
RECESS MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL RECESS
FOR FIVE MINUTES. CARRIED. Time: 8:30 p.m.
The meeting was reconvened at 8:35 p.m.; roll was called; all Councilmembers
present.
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 Clam Lights display at Gene Coulon Memorial Beach Park begins on
December 2nd, and will run nightly through January 1st.
* The Mayor hosted the second meeting of the Transit Center Solutions Work
Group on November 3rd. This collaborative effort focuses on Renton
Transit Center security and is made up of representatives from the Renton
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ISSUE:
Shall the City of Renton remove the existing option for deferral of street improvements by restrictive
covenant for short plats, and replace it with a deferral of the street improvements, subject to a voluntary
fee-in-lieu to the City of the estimated costs for the deferred street improvements?
RECOMMENDATION:
Council approve the code amendments removing the option for deferral of street improvements for short
plats with a restrictive covenant. Council approve code amendments creating a process for deferrals of
street improvements for short plats subject to payment of a fee-in-lieu for the estimated cost of the street
improvements. These funds could be used throughout the City for pedestrian and other street related
improvements.
BACKGROUND SUMMARY:
Renton Municipal Code (RMC) requires street frontage improvements to be installed before a
subdivision or short plat is recorded. Improvements include paving, installation of curbs, gutters,
sidewalks, monuments, sanitary and storm sewers, street lights, water mains, and street name signs.
RMC 4-9-060.0 establishes rules for deferral of development improvements.
A deferral with a restrictive covenant is covered by RMC 4-9-060.C.9, Special Security Option for
Deferral of Street Improvements. This type of deferral only applies to short plats. A restrictive covenant
running with the land is recorded in lieu of posting security. The restrictive covenant commits the
property owner to not protest participation in a future Local Improvement District (LID) or City capital
improvement project to install the improvements.
It is proposed that RMC 4-9-060.C.9 allowing restrictive covenants be deleted from the City code. This
provision would be replaced by a deferral option that would require a cash payment to be made by the
developer in the amount of 100% of the cost of the improvements being deferred. A special street
frontage improvement fund would be set up to receive these payments. These funds would be used by
the City to build sidewalks or other street frontage improvement projects throughout the City. This
would provide a means of assuring fairness for developers regarding costs of City-required
improvements, and would provide the City with financial means to build the improvements at a later date
without having to require the residents to make financial contributions to the project.
CITY OF RENTON
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 21 st day of
November, 2005, at 7:00 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:
Proposed amendments to Renton Municipal Code to eliminate the option of
deferrals subject to recording of restrictive covenants, and establishing a new
option for certain short plats of voluntary payment of a fee-in-lieu for approved
street improvement deferrals
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 425-430-6510.
Bonnie I. Walton
City Clerk
Published King County Journal
November 11, 2005
Account No. 50640
October 24,2005 `" Renton City Council Minutes "' Page 369
Added A letter was read from Patrick J. Gilroy, LandTrust, Inc., 1560 140th Ave. NE,
CORRESPONDENCE Ste. 100, Bellevue, 98005, requesting a latecomer agreement for sanitary sewer
Latecomer Agreement: installation for the Wedgewood Lane Division 2 development on Hoquiam Ave.
LandTrust, Sanitary Sewer NE. MOVED BY CLAWSON, SECONDED BY LAW,COUNCIL REFER
(Hoquiam Ave NE), LA-05- THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED.
004
UNFINISHED BUSINESS Planning and Development Committee Chair Clawson presented a report
Planning and Development recommending concurrence in the staff recommendation to set a public hearing
Committee date on 11/21/2005, to consider proposed changes to Chapter 2 of Title IV
Comprehensive Plan: 2005 (Development Regulations)of City Code, for Residential-1 and Resource
Amendments, R-1 &RC Conservation zones. The proposed changes implement adopted policies in the
Zones Comprehensive Plan for the Low Density Residential designation and
accompany recommended Land Use Map amendments considered as part of
application 2005-M-1,Low Density Residential Map Revisions. MOVED BY
CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Comprehensive Plan: 2005 Planning and Development Committee Chair Clawson presented a report
Amendments, Inclusion of recommending concurrence in the staff recommendation to set a public hearing
West Hill in PAA on 11/14/2005,to consider a proposal to include the West Hill in Renton's
Potential Annexation Area and to amend the Comprehensive Plan Land Use
Element Map to adopt Renton land use designations for this area. MOVED BY
CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Community Services Community Services Committee Chair Nelson presented a report
Committee recommending concurrence in the staff recommendation to approve the addition
Community Services: Skate of lights to the Skate Park contingent on available funding in the 2007 Capital
Park Lighting Improvement Program cycle. MOVED BY NELSON, SECONDED BY
PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Finance Committee Finance Committee Chair Persson presented a report recommending approval of
Finance: Vouchers Claim Vouchers 241978—242497 and two wire transfers totaling
$2,445,397.13; and approval of Payroll Vouchers 60441 —60665,one wire
transfer,and 587 direct deposits totaling$1,904,198.38. MOVED BY
PERSSON SECONDED BY NELSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Transportation(Aviation) Transportation(Aviation) Committee Chair Palmer presented a report
Committee recommending concurrence in the staff recommendation to set a public hearing
Development Services: on 11/21/2005,to consider proposed City Code amendments to eliminate the
Deferral of Street L option of deferrals subject to recording of restrictive covenants, and establishing
Improvements -y a new option for certain short plats of voluntary payment of a fee-in-lieu for
approved street improvement deferrals. MOVED BY PALMER, SECONDED
BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.
•
CARRIED.
WSDOT: Renton Hill Access Transportation (Aviation) Committee Chair Palmer presented a report
Concurrence Letter recommending concurrence in the staff recommendation to approve the Letter
of Concurrence, which documents that the City of Renton and the Washington
State Department of Transportation concur with the Renton Hill access. The
Committee further authorizes the Mayor and City Clerk to sign the Letter of
Concurrence. MOVED BY PALMER, SECONDED BY PERSSON,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
TRANSPORTATION/AVIATION COMMITTEE APPROVED BY -Gib COUNCILCOMMITTEE REPORT
Date /D-a_zoos
October 24, 2005
Replacing Deferrals with Restrictive Covenants
(Referred Oct. 10, 2005)
The Transportation Committee recommends concurrence in the staff recommendation to set a
public hearing date on November 21, 2005, to consider proposed City Code amendments to
eliminate the option of deferrals subject to recording of restrictive covenants, and establishing a
new option for certain short plats of voluntary payment of a fee-in-lieu for approved street
improvement deferrals.
Marcie Palmer, Chair
-
�
Don Person, Vice-Chair
-Not in Attendance -
Randy Corman, Member
cc: Gregg Zimmerman,P/B/PW Administrator
Neil Watts,Development Services Director
Sandra Meyer,Transportation Services Director
Kayren Kittrick,Development Engineering Supervisor
Jan Illian,Engineering Specialist
y
October 10,2005 110•° Renton City Council Minutes r.... Page 347
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 10/3/2005. Council concur.
10/3/2005
Court Case: Estate of James Court Case filed on behalf of the Estate of James Frederick Brutsche,et al by
Frederick Brutsche, CRT-05- John R. Muenster, 1111 3rd Ave., Suite 2220, Seattle, 98101, pertaining to a
012 police drug raid on the Brutsche family property located in the City of Kent on
7/10/2003. Refer to City Attorney&Insurance Services.
Development Services: 14 ,
Development Services Division recommended approval to replace the option
Deferral of Street for deferral of street improvements for short plats with participation in fee-in-
Improvements1
lieu-of deferred street improvements. Refer to Transportation (Aviation)
Committee.
Plat: Cherie Lane, S 35th St& Development Services Division recommended approval, with conditions, of the
Wells Ave S, FP-05-073 Cherie Lane Final Plat; 16 single-family lots on 4.98 acres located at S. 35th St.
and Wells Ave. S. (FP-05-073). Council concur. (See page 349 for resolution.)
Development Services: Development Services Division recommended acceptance of a deed of
Ridgeview Court &Elmhurst dedication for additional right-of-way on Bremerton Ave. NE to fulfill
Plats,ROW Dedication, requirements of both the Ridgeview Court Plat (PP-04-131) and the Elmhurst
Bremerton Ave NE Final Plat(FP-05-090). Council concur.
Annexation: Mosier II, 140th Economic Development,Neighborhoods and Strategic Planning Department
Ave SE&SE 136th St recommended a public hearing be set on 10/24/2005 to consider the proposed
Mosier II Annexation and future zoning of the site, the boundaries of which
were expanded from 31.24 to 65 acres. The site is located between 140th Ave.
SE and Lyons Ave. NE, north of SE 136th St. Council concur.
Human Resources: Police Human Resources and Risk Management Department requested approval of the
Officers Guild Commissioned Renton Police Officers'Guild Commissioned Unit and Renton Firefighters
& Local 864 Firefighters Local 864 labor agreements, each for three years (2006 to 2008). Council
Labor Contracts concur.
WSDOT: Renton Hill Access Transportation Systems Division recommended concurrence with the
Concurrence Letter Washington State Department of Transportation regarding Renton Hill access.
Refer to Transportation(Aviation) Committee.
MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS Councilman Corman reported on the Eastside Transportation Partnership's
Transportation: Bus Rapid (ETP) recommendation for Sound Transit Phase 2 (ST2), in particular the issue
Transit of I-405 Bus Rapid Transit(BRT). He explained that prior to a recent ETP
meeting, BRT was not an element of ST2, and thanks to the work of City staff
and elected officials,ETP was successful in the listing of the BRT stations and
capital improvements on the ST2 plan for evaluation by Sound Transit.
Councilman Corman gave a briefing on BRT, highlighting characteristics of the
bus, including its low floor design, configuration, capacity, and precision
docking capability. He noted BRT's streamlined fare collection system,and the
queue jump lanes and transit signal priority, which allows BRT to bypass
queues of general-purpose vehicles at intersections and to extend the signal
green time or reduce the signal red time at intersections. Mr. Corman displayed
conceptual drawings of the park and rides and inline stations, and drawings of
the potential alignment of this transit service.
CITY OF RENTON COUNCIL AGENDA BILL
AI#: + L
Submitting Data: For Agenda of:
Dept/Div/Board.. PBPW Dept/Dev Sery Div October 10, 2005
Staff Contact Jan Illian, x-7216 Agenda Status
Consent X
Subject: Public Hearing..
Replacing Deferrals with Restrictive Covenants for LID Correspondence..
Participation with a Fee-in-lieu of deferral for Street Ordinance
Improvements for short plats Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Draft Code Amendment Information
Recommended Action: Approvals:
Refer to the Transportation Committee Legal Dept X
Finance Dept
Other
Fiscal Impact: None
Expenditure Required... $0 Transfer/Amendment $0
Amount Budgeted $0 Revenue Generated Est$120,000/yr
Total Project Budget $0 City Share Total Project.. $0
SUMMARY OF ACTION:
Presently street improvement deferrals for short plats are allowed with the condition that a
restrictive covenant to not protest participation in a future Local Improvement District (LID) or
City capital improvement project is recorded. This option would be removed, and replaced with
an option to defer the street improvements subject to a fee-in-lieu to the City of the estimated
costs for the deferred street improvements. These funds could be used throughout the City for
pedestrian and other street related improvements.
STAFF RECOMMENDATION:
Approve replacement of the existing option for deferral of street improvements for short plats
with participation in fee-in-lieu-of deferred street improvements, and authorize preparation of an
ordinance to be presented for first reading.
ti`sY O‘ft PLANNING/BUILDING/1.- ® PUBLIC WORKS DEPARTMENT
•
'e*PAtNTO� MEMORANDUM
DATE: October 4, 2005
TO: Terri Briere, Council President
Members of the Renton City Council
VIA: Kathy Keolker-Wheeler, Mayor
FROM: Gregg ZimmermanPAministrator, PBPW Department
STAFF CONTACT: Jan Illian, Engineering Specialist (x-7216)
SUBJECT: Fee-in-lieu Process for Deferral of Street Improvements
ISSUE:
Shall the City of Renton replace the existing option for deferral of street improvements for short
plats, and replace it with a deferral of the street improvements, subject to a voluntary fee-in-lieu
to the City of the estimated costs for the deferred street improvements?
RECOMMENDATION:
Council approve the code amendments removing the option for deferral of street improvements
for short plats with a restrictive covenant. Council approve code amendments creating a process
for deferrals of street improvements for short plats subject to payment of a
fee-in-lieu for the estimated cost of the street improvements. Sections 9 and 10 of RMC 4-9-
060C will be deleted and replaced with new fee-in-lieu language. These funds could be used
throughout the City for pedestrian and other street related improvements.
BACKGROUND SUMMARY:
The Renton Municipal Code (RMC) requires street frontage improvements to be installed before
a subdivision or short plat is recorded. These improvements include grading and paving of
streets and alleys to the required widths, installation of curbs, gutters, sidewalks, monuments,
sanitary and storm sewers, street lights, water mains, and street name signs. RMC 4-9-060.0
establishes rules for deferral of development improvements.
There are two basic types of improvement deferrals for street improvements for short plats. The
first type is the temporary deferral of certain improvements that the developer intends to install
but cannot complete within the established time frame due to specific project circumstances.
NINO
Fee-in-lieu Process for Deferral of Street Improvements
October 4,2005
Page 2
In order for a deferral to be granted, the developer must post an acceptable security deposit in the
amount of 150% of the cost of the deferred improvements. The developer builds this type of
deferred improvement within the deferral time frame and the security deposit is released to the
developer.
The second type of deferral is covered by RMC 4-9-060.C.9, Special Security Option for
Deferral of Street Improvements. This type of deferral only applies to short plats. This type of
deferral allows a restrictive covenant running with the land to be recorded in lieu of posting
security. The restrictive covenant commits the property owner to not protest participation in a
future Local Improvement District (LID) or City capital improvement project to install the
improvements. In most cases, this type of deferral is used when the developer does not intend to
install the required improvements. Four (4) conditions are listed in the RMC for this type of
deferral.
This option for a street improvement deferral subject to a recorded restrictive covenant was
adopted for cases in which there are no similar improvements in the vicinity and there is no
likelihood that the improvements will be needed or required in the next five (5) years. It was
recognized that a good number of developments being proposed were infill subdivisions in parts
of the City lacking curbs, gutters, and sidewalks. In these neighborhoods, a short stretch of
widened street with curbs, gutters, and sidewalks along the development frontage could not only
look out of place, but the varying street widths could pose potential safety hazards. It was
thought that the best way to build these improvements would be in one larger project initiated at
some future date by the City or by LID. Small stretches of improvements likely would not fit
with a larger improvement project, and in that case the improvements would have to be torn out
and replaced.
This type of frontage improvement deferral has been extensively used throughout the City.
Please see attached Figure 7 for a map of deferred improvements prior to 2002 (more deferrals
have been granted since 2002). Several concerns have been expressed about this deferral option.
First, it may be difficult for the City to invoke the restrictive covenants and require residents to
pay for future frontage improvements. This is because the current owners in most cases are not
the developers who recorded the restrictive covenant. Although the restrictive covenant appears
in the property title reports, in most cases current property owners are not willing or financially
prepared to pay for the improvements. In this case, the City might eventually end up paying for
the improvements rather than the developer or property owners, or due to budget constraints, the
improvements may never be built. Second, use of this type of deferral has proliferated
throughout the City, and in some cases it would now be beneficial to the public to have the
improvements in place that were previously deferred. Third, a question of fairness can be raised
in that some developers are required to conform to the subdivision frontage improvement
standards at significant expense, while others are allowed to defer the cost of installing
improvements to future parties.
Fee-in-lieu Process for Deferral of Street Improvements
October 4,2005
Page 3
It is proposed that RMC 4-9-060.C.9 allowing restrictive covenants to be posted for development
improvement deferrals be deleted from the City code. This provision would be replaced by a
deferral option that would require a cash payment to be made by the developer in the amount of
100% of the cost of the improvements being deferred. A special street frontage improvement
fund would be set up to receive these payments. These funds would be used by the City to build
sidewalks or other street frontage improvement projects throughout the City. This would provide
a means of assuring fairness for developers regarding costs of City-required improvements, and
would also provide the City with financial means to build the improvements at a later date
without having to require the residents to make financial contributions to the project.
I .
..., ,...,,,
I .�
Ib. MINIMUM DESIGN STANDARDS FOR RESIDENTIAL ACCESS
STREETS:
IIRIGHT-
OF-WAY s PAVEMENT SIDEWALKS OTHER
0 WIDTH
32 paved Combined public
50 ! 6 sidewalk adjacent to curb both detention
• Parking both sides
sides Street lighting
Ic. MINIMUM DESIGN STANDARDS FOR COLLECTOR STREETS:
RIGHT-
I OF-WAY PAVEMENT SIDEWALKS OTHER
WIDTH
36 paved Combined public
1 60 Parking both 5 sidewalks and 5 planting strip on= _ detention
both sides
sides Street lighting
d. MINIMUM D
ESIGN STANDARDS FOR COMMERCIAL ACCESS
STREETS:
RIGHT- PAVEMENT; SIDEWALKS i OTHER
OF-WAY WIDTH
60 40 paved 5 sid Combined public detention'
ewalks on the property line'
Street lighting
I
e. MINIMUM DESIGN STANDARDS FOR INDUSTRIAL ACCESS
STREETS:
I
RIGHT- PAVEMENT
OF-WAY WIDTH : SIDEWALKS OTHER
I WIDTH
Combined public
66 44 paved 5 sidewalks and 5 planting strip on ' detention
both sides
Street lighting
I3. Length of Improvements: Such improvements shall extend the full
distance of such property to be improved upon and sought to be occupied as
a building site or parking area for the aforesaid building of platting purposes
Iand which may adjoin property dedicated as a public street.
t
I
I
4.Special Design Standards for Arterial Streets: Arterial street rights-of-
way shall be sixty feet(60) to one hundred fifty feet (150 )in width as may
be required by the Administrator or his/her designee. The design standards
for arterial streets will be established on a case-by-case basis by the
Administrator or his/her designee in accordance with the major arterials and
streets plan.
1111
It
I,
U
I
N
I
I
•
4-9-060C
ture, if such course of action is deemed ceptable to the City,the applicant shall be re-
proper, or specified, to remove or demolish quiredto provide further estimates acceptable
such dwelling, building or structure. to the City. No temporary occupancy permit
• shall be granted until the security amount has
4. Recording of Order:If no appeal is filed been established following acceptable esti-
from such order in the manner herein pro- mates.
vided for,then a copy of such order shall be
filed with the Auditor of King County. 4. Expiration: Said temporary occupancy
permit shall be good for a period of not more
E. VIOLATION AND PENALTIES: than ninety(90) days. After improvements
Penalties for any violation of any of the provisions have been installed and approved by the City
of this Chapter shall be in accord with RMC 1-3-2, the security herein shall be released and the
Civil Penalties. (Ord. 4546, 7-24-1995) applicant may make application for a perma-
nent occupancy permit.
4-9-060 DEFERRAL OF 5. Extension of Temporary Occupancy
IMPROVEMENT INSTALLATION Permit Up to One Hundred Eighty(180)
PROCEDURES: Days: Should extenuating circumstances or
circumstances beyond the control of the ap-
A. PURPOSE: (Reserved) plicant prevent the installation of such on-site
or off-site improvements,the Building Official
B. TEMPORARY (NINETY(90) DAY) may extend the temporary occupancy permit
OCCUPANCY PERMITS IN ADVANCE OF to a total maximum of one hundred eighty
IMPROVEMENT INSTALLATION— (180)days. (Ord. 4348, 5 4 1992)
BUILDING OFFICIAL DEFERRAL OF OFF-__>, C. BOARD OF PUBLIC WORKS 11E---
AND ON-SITE IMPROVEMENTS FOR DEFERRAL OF PLAT IMPROVEMENTS
OTHER THAN PLATS: OR DEFERRAL OF OTHER ON-AND
1. Applicability:A tem ora occu OFF-SITE IMPROVEMENTS BEYOND
temporary y TEMPORARY OCCUPANCY PERMIT:
permit may be granted by the Buildinganc Offi-
cial, when the required improvements have 1. Applicability: If a developer wishes to
not been deferred or installed and in the opin defer certain improvements listed in this Title
ion of the Building Official are not necessary until after obtaining a certificate of occupancy
for life,safety or health,or structural integrity for any structures,or in the case of plats,final
of the buildings on the site, and the improve plat approval,the written application shall be
ments are to be installed and completed made to the Board of Public Works stating the
within ninety (90)days from the date of issu
reasons why such delay is necessary. (Ord.
ance of temporary occupancy permit. (Ord. 4521,reasons
6-5-1995)
4348, 5-4-1992)
2. Decision Criteria: (Reserved) 2. Decision Criteria: (Reserved)
3. Security Required: In all such cases, a 3. Security Required: Upon approval by
certified or cashier's check,letter of credit,set the Board of Public Works for such defer-
aside letter,or other acceptable security must ment,for good cause shown by the applicant,
be posted to the extent of one hundred fifty the applicant shall thereupon furnish security
percent (150%) of the estimated cost of the to the City in an amount equal to one hundred
improvements not installed and accepted. fifty percent (150%) of the estimated cost of
The amount of said security shall be provided the installation and required improvements.
by an estimate of the applicant together with The decision of the Board of Public Works as
supporting data from a reputable contractor or to the amount of such security shall be con-
subcontractor and based upon full engineer-
, clusive. (Ord. 4521,6-5-1995)
ing plans. Such estimates shall be approved
by the Building Official of the City; however, 4. Plans for Improvements Required:
should the amount of the estimate be unac- Should the Board of Public Works grant the
9-9
4-9-065A
A covenant approved by the Boa f ments deferred, amount of security or check
Public rks shall contain Ian ge that deposited, time limit of security or check,
stipulates th operty o r will immedi- name of bonding company,and any other per-
( install the de d improvements at tinent information. (Ord.4521, 6-5-1995)or her e se upon etermination
of the and of Public Works t the im- 13. Transfer of Responsibility:Whenever
vements have become necessa . security has been accepted by the Board of
Public Works,then no release of the owner or
1.. Special Security Option for Short developer upon that security shall be granted
P ,ts:A restrictive covenant running with t - unless a new party will be obligated to per-
lan,',signed and properly recorded after ty form the work as agreed in writing to be re-
Atto ey review,may be accepted as sec rity sponsible under the security, and has
if the ovenant guarantees that the pro.-rty provided security. In the instance where se-
will joi in any future limited improvem: t dis- curity would be provided by a condominium
trict est.blished to install the require. m- owners'association or property owners' as-
proveme ts in addition to the followi g sociation,then it shall be necessary for the
condition- owners association to have voted to assume
the obligation before the City may accept the
a. The estrictive covenant •r deferrals security, and a copy of the minutes of the
occurs o y for a single tam'y develop- owners' association duly certified shall be
ment no I. ger than a sho plat. filed along with the security.
b. There a - no similar• provements in 14. Board Approval Required Prior to
the vicinity an. there is o likelihood that Transfer of Responsibility:The City shall
the improvem: ts will •e needed or re- not be required to permit a substitution of one
quired in the ne t fiv: (5) years. party for another on any security if the Board
of Public Works, after full review, feels that
c. There will be detrimental effect on the new owner does not provide sufficient se-
( the public health, . ,fety or welfare if the curity to the City that the improvements will
improvements a,- nit installed. be installed when required.
d. There is Ii,le likelt,ood that the zon- 15. Proceeding Against Security:The
ing or land u— on or a•'acent to the site City reserves the right,in addition to all other
will change • a higher c:ssification and remedies available to it by law, to proceed
developm- t will occur w hin a five (5) against such security or other payment in lieu
year peri•a,thus increasin• the likelihood thereof. In case of any suit or action to en-
that the i provements will •- needed. force any provisions of this code, the devel-
oper shall pay the City all costs incidental to
e. A 'ovenant approved by e Board such litigation including reasonable attor-
shall ,ontain language that stip,lates the ney's fees. The applicant shall enter into an
pro•-rty owner will immediately 'nstall agreement with the City requiring payment of
the .eferred improvements at his .r her such attomey's fees. (Ord.4521, 6-5-1995)
e sense upon a determination of e
:•ard of Public Works that the imp .ve-
ents have become necessary. (Or. 4-9-065 DENSITY BONUS REVIEW:
4521, 6-5-1995)
A. PURPOSE:
11. Security Requirement Binding:The The purpose of the density bonus review is to pro-
requirement of the posting of any security vide a procedure to review requests for density
therefor shall be binding on the applicant and bonuses authorized in chapter 4-2 RMC. Density
the applicant's heirs, successors and as- bonuses are offered to meet the intent of the
signs. (Ord.3988, 4-28-1986) Comprehensive Plan policies, including but not
limited to Land Use and Housing Element policies
12. Notification to Administrator: The and the purpose and intent of the zoning districts.
Board of Public Works shall notify the Admin- (Amd. Ord.4985, 10-14-2002; Ord. 5137,
istrator in writing of the following:the improve- 4-25-2005)
9- 11 (Revised 6/05)
+err/
Draft Code Amendment
Fee-in-Lieu for Required Street Improvements
1. General — The provisions of this section establish under what
circumstances the requirements of this chapter may be satisfied
with a fee-in-lieu payment.
2. Authority To Grant and Duration
a. If the proposed development of the subject property requires
approval through a short plat approval described in the
subdivision ordinance, a request for a fee-in-lieu of street
improvements will be considered as part of this process under
the provisions of this section.
b. If granted under a short plat review process, the fee-in-lieu is
binding on the City for all development permits issued for that
development under the Building Code within five (5) years of
the granting of the fee-in-lieu.
3. Fee-in-Lieu of Street Improvements — This chapter establishes
circumstances in which the applicant may propose to pay a fee-in-
lieu of installing street improvements in the right-of-way abutting
the subject property. The City will not accept the applicant's
proposed fee-in-lieu if the Planning/Building/Public Works
Administrator or his/her designee determines that it is in the City's
interest that the street improvements be installed abutting the
subject property, taking into account such factors as the pedestrian
safety impacts that result from the development. The City may
accept a fee-in-lieu payment instead of requiring installation of
street improvements in the following circumstances:
a. If there are no similar improvements in the vicinity and there is
no likelihood that the improvements will be needed or required
in the next five (5) years; or
b. If installation of the required improvement would require
substantial off-site roadway modifications; or
c. If the Planning/Building/Public Works Administrator or his/her
designee determines that installation of the required
improvement would result in a safety hazard; or
d. If other unusual circumstances preclude the construction of the
improvements as required.
1
•
Agreements for Fee-in-Lieu of Street Improvements
1. General —The provisions of this chapter establish the circumstances
under which the applicant may propose and the City may accept a
fee-in-lieu of installing a street improvement in the right-of-way
abutting the subject property.
2. Amount of Fee-in-Lieu—In each instance where the City approves a
proposed fee-in-lieu under the provisions of this section, the
amount of the fee-in-lieu shall be 100 percent of the then estimated
cost of constructing the street improvements that would otherwise
be required under this chapter, based on information compiled and
kept current by the Planning/Building/Public Works Department on
the cost of street improvement construction.
3. Use of Fee-In-Lieu Funds — In each instance where the City accepts
a fee-in-lieu of installing a street improvement under the provisions
of this section, the City shall deposit those funds into a reserve
account and expend the funds collected within five (5) years of the
date collected to fund other pedestrian safety improvements in the
City.
4. No Further Obligation from the Property — In each instance where
the City accepts a fee-in-lieu of installing street improvements, the
subject property will not be subject to participation in future street
improvement costs (along the property frontage) unless
redevelopment occurs to a more intense land use than what was
occurring on the property at the time of the fee-in-lieu payment.
2
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