The URL can be used to link to this page

Home My WebLink AboutCouncil 02/28/2011AGENDA RENTON CITY COUNCIL REGULAR MEETING February 28, 2011 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Police Department Employee Recognition 4.PUBLIC MEETING a. Gaile Annexation ‐ 10% Notice of Intent to annex petition for 43.6 acres located in the vicinity of SE 160th Pl. and 131st Pl. SE. 5.PUBLIC HEARING a. Issaquah, Kent, and Renton School District Impact Fees 6.ADMINISTRATIVE REPORT 7.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one‐half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 8.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 2/14/2011. Council concur. b. Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer agreement requested by Steven Friedman for 12‐inch water main extension along Williams Ave. S., between S. 2nd St. and S. Tobin St. Refer to Utilities Committee. c. Community and Economic Development Department submits the proposed 2011 Title IV (Development Regulations) Docket #6 recommendations for review and approval. Refer to Planning and Development Committee and Planning Commission. d. Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Refer to Community Services Committee. e. Fire and Emergency Services Department recommends approval of Amendment B to CAG‐07‐ 014, with the Washington State Military Department, for public assistance for the November 2006 flood event, in order to extend the expiration date to 12/31/2012. Council concur. Page 1 of 135 f. Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Renton as the lead agency for Phase II of the SW 27th St./Strander Blvd. Extension project. Refer to Transportation (Aviation) Committee. g. Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe (BNSF) Railway regarding the assignment of rights and responsibilities for the construction and maintenance of the Strander Blvd. underpass. Refer to Transportation (Aviation) Committee. 9.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers; Annexation Sales Tax Credit*; Bad Debt Write Off 10.RESOLUTIONS AND ORDINANCES Resolution: a. Benson Hill Communities annexation sales tax credit (See 9.a.) Ordinances for second and final reading: a. Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50 (1st reading 2/14/2011) b. Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011) c. Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011) d. Cedar River Pipeline Zoning ‐ Title IV Docket #D‐56 (1st reading 2/14/2011) 11.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 12.AUDIENCE COMMENT 13.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS February 28, 2011 Monday, 5:30 p.m. Review of Insurance Funds;Regional Issues • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 135 !"#!$"# % & ' ( ) * +, ' -' ! # . % & ' . & . ) # . / % + 0 & 1# & . / % 0 & 2 1# . ) ' -+'23 4 ' & ) 5 6 /)56 1 % 5 ( 7 ' & 8 & )32 9 ' ! # 39 )3- & & # )56 & # & : ,,2 ' 9 & . % & ' & ;& &. # < # ' & = ' & 9 & 2 6 ' !' 6 ;& & & 9 % ' 4a. ‐ Gaile Annexation ‐ 10% Notice of Intent to annex petition for 43.6 acres located in the vicinity of SE 160th Pl. and 131st Pl. SE.Page 3 of 135 4a. ‐ Gaile Annexation ‐ 10% Notice of Intent to annex petition for 43.6 acres located in the vicinity of SE 160th Pl. and 131st Pl. SE.Page 4 of 135 ! " # $ %% $ & % ' ( ) " # $ & *% ) " # ++ $ ' , , +& " # $ $ - . $ / $ / 0 1 2 1 3 . $ 4 1 1 / $ " ! . 5 6 . 7 $ 7 1 1 ! $ 8 " # 7 . / $ ! + ,,$ 5a. ‐ Issaquah, Kent, and Renton School District Impact Fees Page 5 of 135 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Approval for the Latecomer's Agreement Request for a 12-inch Water Main Extension along Williams Avenue S., between S. 2nd Street and S. Tobin Street. (Steven Friedman, Friedman Development, LLC, Petitioner) File: LA-05-001 Meeting: Regular Council - 28 Feb 2011 Exhibits: Issue Paper; Final Latecomer's Agreement; Legal Description - Exhibits A-B; Vicinity Map - Exhibit C; Final Notice; Final Assessment Roll; Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Jan Illian, x-7216 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: City Code allows the City to grant a latecomer agreement when a developer installs water main facilities, in order to ensure that each property benefiting from the new facility be assessed its fair share of the costs. On June 6, 2005, Council granted preliminary approval of a latercomer request (LA- 05-001) to Steven Friedman, Owner, Friedman Development LLC, and a one-year extension on June 5, 2006. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Friedman Development, LLC has installed the agreed upon improvements and transferred title of these improvements to the City. The final cost is $282,112.00, which is $37,391.70 more than the original estimate of $244,720.30. STAFF RECOMMENDATION: Grant a final 15-year latecomer agreement (LA-05-001) to Friedman Development, LLC for water main extension along Williams Avenue S., and authorize staff to finalize the latecomer agreement per City Code. 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 6 of 135 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 7 of 135 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 8 of 135 Page 1 Return Address: City Clerk’s Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: LATECOMER’S AGREEMENT Property Tax Parcel Numbers: See Exhibit “D” Project File #: PRM- 27-0028 Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. Friedman Development, LLC Complete legal description is in Exhibit “B” of this document. LEGAL DESCRIPTION: Portions of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington THIS AGREEMENT made and entered into this day of , 20 , by and between the CITY OF RENTON, hereinafter referred to as “CITY,” and Friedman Development, LLC, hereinafter referred to as “DEVELOPER”; WHEREAS, the “DEVELOPER” is desirous of installing certain water systems and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the “CITY’S” utility or road system(s) so that such improvements will constitute an integral part thereof; and WHEREAS, no other property owners or users are presently available to share in the cost and expense of construction of such improvements, and the parties hereto having in mind the provisions and terms of the “Municipal Water and Sewer Facilities Act” (R.C.W. 35.91.020, et seq.) and street latecomer’s legislation (R.C.W. 35.72.010, et seq.); and WHEREAS, the “DEVELOPER” is willing to pay all the costs and expenses for the installation of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 9 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 2 1. The “DEVELOPER” hereby acknowledges and covenants that he is the owner of the following described property, to wit: See Exhibit “A” and the “DEVELOPER” hereby agrees and covenants to cause to have installed the following described improvements, to wit: 1. 1050 linear feet of 12 inch DI Watermain 2. 2 12 inch gatevalves 3. 1 8 inch gatevalve 4. 1 6 inch gatevalve 5. 3 fire hydrant assemblies and such installation to be made in full compliance with all applicable codes and regulations of the “CITY”. The “DEVELOPER” further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at the “DEVELOPER’S” expense, and the “DEVELOPER” covenants and agrees to hold the “CITY” harmless from any liability in connection therewith. 2. The “DEVELOPER” further certifies that the total cost of said construction as hereinabove specified is $282,112.00. See Exhibit “B” attached hereto for the legal description of the boundary line encompassing the lands affected by this latecomer agreement, and see Exhibit “C” attached hereto for the map showing in outline the land affected by such additional charges per the terms of this agreement. The total amount of the cost of said improvement shall be employed to determine the pro rata reimbursement to the “DEVELOPER” by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup shall include connections to 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 10 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 3 lateral or branches connecting thereto, all subject to the laws and ordinances of the “CITY” and the provisions of this agreement. The method of determining latecomer payments shall be by: Square foot method for development with equal to or greater than 1,500 –gpm fire flow The pro rata cost is $0.8634. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. 4. The “DEVELOPER” hereby agrees and covenants to convey, transfer, and assign unto the “CITY” all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; “CITY” agrees to accept and maintain said improvement as part of its present system upon approval thereof by the Administrator of the Public Works Department or his/her authorized representative and after inspection of said construction. The “DEVELOPER” further agrees and covenants to execute and to deliver unto the “CITY” any and all documents including Quit Claim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the “CITY” and to effectuate this conveyance and transfer. The “DEVELOPER” further agrees and covenants to pay unto the “CITY” such service charges or other charges as may be imposed by the “CITY” for use of the improvements for which this agreement is granted. 5. The “CITY” reserves the right, without affecting the validity or terms of this agreement, to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the “CITY”. 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 11 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 4 6. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15 years from date hereof, without first paying unto the “CITY”, in addition to any and all other costs, fee, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, or for street, signalization, and lighting improvements, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the “CITY” shall be paid out by it unto the “DEVELOPER” under the terms of this agreement within thirty (30) days after receipt thereof, less a 15% administration fee. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made, the legislative body of the “CITY” may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of- way, and dispose of such unauthorized material so removed, without any liability on the part of the “CITY” whatever. It is further agreed, and covenanted that upon expiration of the terms of this agreement; to wit: 15 years from date hereof, the “CITY” shall be under no further obligation to collect or make any further sums unto the “DEVELOPER”. The decision of the Administrator of the Public Works Department or his/her authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup to such improvement shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by the “DEVELOPER” have been or are about to be connected with the utilities/transportation systems of the “CITY”, and upon such connection and acceptance by the “CITY” through its legislative body, said extension and/or improvement shall be and become a part of the municipal utilities or transportation systems. 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 12 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 5 8. This agreement shall be placed for record with the King County Auditor’s Office within thirty (30) days of final execution of the agreement. 9. Before the “CITY” will collect any latecomer’s fee, the “DEVELOPER” will transfer title to all of the improvements under the latecomer’s agreement to the “CITY”. The “DEVELOPER” will also assign to the “CITY” the benefit and right to the latecomer’s fee should the “CITY” be unable to locate the “DEVELOPER” to tender any latecomer’s fee that the “CITY” has received. The “DEVELOPER” shall be responsible for keeping the “CITY” informed of its correct mailing address. Should the “CITY” be unable to locate the “DEVELOPER” in order to deliver a latecomer’s fee, the “CITY” shall undertake an independent investigation to determine the location of the “DEVELOPER”. Should the “CITY” after a good faith attempt to locate the “DEVELOPER” be unable to do so, then the latecomer’s fee shall be placed in the Special Deposit Fund held by the “CITY” for two (2) years. At any time within the two-year period the “DEVELOPER” may receive the latecomer’s fee, without interest, by applying to the “CITY” for that latecomer’s fee. After the expiration of the two-year period, all rights of the “DEVELOPER” to that fee shall expire, and the “CITY” shall be deemed to be the owner of those funds. 10. When the “CITY” has received the funds for a latecomer’s fee, it will forward that fee to the “DEVELOPER” within thirty (30) days of receipt of the funds. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the “CITY”. Should the “CITY” fail to forward the latecomer’s fee to the “DEVELOPER” through the “CITY’S” sole negligence, then the “CITY” shall pay the “DEVELOPER” interest on those monies at the rate of twelve (12%) percent per annum. However, should the “DEVELOPER” not keep the “CITY” informed of its current correct mailing address, or should the “DEVELOPER” otherwise be negligent and thus contribute to the failure of the “CITY” to pay over the latecomer’s fee, then no interest shall accrue on late payment of the latecomer’s fee. 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 13 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 6 11. When authorized by the City Council, a latecomer’s agreement can be granted for a period of up to but not to exceed 15 years. No extensions will be granted beyond the period of time established by City Council. The latecomer’s agreement will expire at the end of the period of time established by the City Council. 12. By instituting the latecomer’s agreement, the “CITY” does not agree to assume any responsibility to enforce the latecomer’s agreement. The recorded latecomer agreement will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The assessment roll listing the affected properties and the pro-rata potential latecomer charge for each will be on file with the “CITY”. The “DEVELOPER” has responsibility to monitor those parties connecting to the improvement. Should the “CITY” become aware of such a connection, it will use its best efforts to collect the latecomer’s fee, but shall not incur any liability should it inadvertently fail to collect the latecomer’s fee. 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 14 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 7 CITY OF RENTON By: Mayor Denis Law By: Bonnie I. Walton, City Clerk Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this _______ day of _____________, 20____, I certify that I know or have satisfactory evidence that Denis Law is the person who appeared before me, and who signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged as the Mayor of the City of Renton to be to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 15 of 135 PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER’S AGREEMENT Page 8 DEVELOPER By: By: INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________ ___________________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________ ___________________________________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the _________________________ and ____________________ of ___________________________ to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this _______ day of _____________, 20____, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 16 of 135 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 17 of 135 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 18 of 135 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 19 of 135 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 20 of 135 H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Final_notice2011.doc NOTICE OF POTENTIAL FINAL ASSESSMENT Merrill Gardens at Renton Centre Latecomer LA-05-001; PRM-27-0028 Private Developer Held Latecomer Agreement (FINAL NOTICE) Mailed: «TAXPAYER_N» «TAXPAYER_B» «TAXPAYER_C» «TAXPAYER_D» Property Identification Number: «ASSESSOR_I» ASSESSMENT: «ASSM» On June 17, 2005, Bonnie I. Walton, the City Clerk of Renton, Washington, acting on behalf of Merrill Gardens at Renton Centre, as the owner/developer of certain facilities that were installed to serve its property, mailed you a notice of potential assessment. These facilities are covered by Latecomer Agreement LA-05-001/ PRM-27-0028 and are eligible for cost recovery for the installation of 1050 lineal feet of 12-inch water main, and all appurtenances. During September 2004, the facilities were completed and the final costs for the facilities were distributed among the benefiting properties. Costs will become payable by the future user(s) upon issuance of a City permit authorizing the future user(s) to construct improvements that would allow the users property to derive direct benefit from these facilities. It is the intent of this notice to inform you that your property has been included in the latecomer recovery boundary and your potential final assessment is as described above. Please find a map of the Latecomer Boundary attached hereto. Per Renton Municipal Code (RMC) Section 9-5-5, you may request an appeal hearing by writing to the Renton City Council, c/o City Clerk, 1055 South Grady Way, Renton, WA 98055, within twenty (20) days of this (final) mailing or by Grounds for protest: An appeal shall include a statement of claimed errors that concern the proposed assessment and must be accompanied by a $75.00 nonrefundable fee. Errors which are not set forth in writing will not be considered. Pursuant to RMC Section 9-5-5.C, the only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology and the issue of benefit to the properties to be assessed. These three (3) allowable items of appeal are further defined on the attached citizen hand-out. Appeal Fee and Appeal Process: A nonrefundable appeal fee in the amount of $75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper grounds for protest according to City Ordinance, a public hearing will be held. You will be notified in advance of the public hearing so that you or your representative may attend. If no protests are received, the above quoted assessment will be recorded against your property. The assessment will not be collected until you subsequently tap onto or use the facilities covered by the latecomer agreement. Bonnie Walton, CMC, City Clerk 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 21 of 135 CITY OF RENTON FINAL ASSESSMENT ROLL FRIEDMAN DEVELOPMENT, LLC LATECOMER Type: Water Utility Improvements Total Cost: $282,112 Assessment District 27-0028: Collection Line Total Square Footage Cost: $282,112 Total Square Footage (feet) 326,747 Cost per Square Foot: $0.8634 Property Identification Name/Address of Owner Square Footage Square Footage Assessment H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Assmnt Roll Final Merrill Gardens Page 1 of 6 Parcel # 1 JOHNSON JAMES G 4258 SW SUNSET DRIVE LAKE OSWEGO OR 97034 5,400 $4,662.33 KC Tax Act # 0007200053 Legal Description: TOBIN H H-D C # 37 BEG 100 FT N OF NW COR OF BLK 23 TOWN OF RENTON ON ELY SIDE OF WILLIAMS ST PROD NLY TH N ON SD EXT OF WILLIAMS ST 90 FT M/L TH ELY AT R/A 120 FT TH S 90 FT TH W 120 FT TO BEG LESS POR INCL IN DECREE # 101392 LESS S 1/2 Parcel # 2 OHARRA MICHAEL E 94 WILLIAMS AVE S RENTON WA 98056 6,000 $5,180.37 KC Tax Act # 0007200055 Legal Description: TOBIN H H-D C # 37 BEG 50 FT N OF NW COR OF BLK 23 TOWN OF RENTON TH N ON EXT OF ELY SIDE OF WILLIAMS ST 50 FT TH E AT R/A 120 FT TH S 50 FT TH W 120 FT TO BEG Parcel # 3 STORWICK RICHARD ALLEN+FREY CAROL JEAN 1510 9TH ST ANACORTES WA 98221 5,750 $4,964.52 KC Tax Act # 0007200096 Legal Description: TOBIN H H-D C # 37 BEG AT NE COR OF BLK 24 TOWN OF RENTON TH W ALG N LN OF SD BLK 115 FT TH N 50 FT TH E 115 FT TH S ALG WILLIAMS ST 50 FT TO BEG Parcel # 4 EGAWA AILEEN SAORI 91 WILLIAMS AVE S RENTON WA 98057 5,750 $4,964.52 KC Tax Act # 0007200109 Legal Description: TOBIN H H-D C # 37 BEG ON W LN OF WILLIAMS ST AT A PT 100 FT N OF NE COR OF BLK 24 PLAT OF TOWN OF RENTON TH N 50 FT TH W 115 FT TH S 50 FT TH E 115 FT TO BEG 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 22 of 135 CITY OF RENTON FINAL ASSESSMENT ROLL FRIEDMAN DEVELOPMENT, LLC SEWER LATECOMER Property Identification Name/Address of Owner Unit Assessment H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Assmnt Roll Final Merrill Gardens Page 2 of 6 Parcel # 5 CHATEAU DE VILLE CONDOMINIUMS 110 WILLIAMS AVE S #111 RENTON WA 98057 12,000 $10,360.74 KC Tax Act # 1529100000 Legal Description: CHATEAU DE VILLE CONDOMINIUMS Parcel # 6 MEDZEGIAN JAMES V+JOANNE M 11204 RAINIER AVE S SEATTLE WA 98178 6,095 $5,262.39 KC Tax Act # 0007200118 Legal Description: TOBIN H H-D C # 37 BEG 203 FT N OF NE COR BLK 24 TOWN OF RENTON TH W 115 FT TH S 53 FT TH E 115 FT TH N 53 FT TO BEG Parcel # 7 SCHMIDT MARGARET & ROBERT 7136 S SUNNYCREST RD SEATTLE WA 98178 5,750 $4,964.52 KC Tax Act # 0007200122 Legal Description: TOBIN H H-D C # 37 BEG ON E LN BLK 24 TOWN OF RENTON PROD 50 FT N OF ITS NE COR TH W 115 FT TH N 50 FT TH E 115 FT TH S 50 FT TO BEG Parcel # 8 MEDZEGIAN JAMES V+JOANNE M 11204 RAINIER AVE S SEATTLE WA 98178 5,405 $4,666.65 KC Tax Act # 0007200130 Legal Description: TOBIN H H-D C # 37 BEG 203 FT N OF NE COR BLK 24 TOWN OF RENTON TH N 47 FT TH W 115 FT TH S 47 FT TH E 115 FT TO BEG Parcel # 9 MEDZEGIAN JAMES V+JOANNE M 11204 RAINIER AVE S SEATTLE WA 98178 5,750 $4,964.52 KC Tax Act # 0007200138 Legal Description: TOBIN H H-D C # 37 POR TOBIN H H-DC #37 IN SEC 17 & 18-23-5 - THE NLY 50 FT OF FOLG - BEG NE COR BLK 24 TOWN OF RENTON TH NLY ON ELY LN BLK 24 250 FT TO TPOB TH CONTG NLY 101.52 FT TH WLY PLT NLY LN OF SD BLK 24 115 FT TH SLY PLT SD ELY LN BLK24 101.52 FT TH ELY PLT SD NLY LN SD BLK 24 115 FT TO TPOB 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 23 of 135 CITY OF RENTON FINAL ASSESSMENT ROLL FRIEDMAN DEVELOPMENT, LLC SEWER LATECOMER Property Identification Name/Address of Owner Unit Assessment H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Assmnt Roll Final Merrill Gardens Page 3 of 6 Parcel # 10 MEDZEGIAN JAMES V+JOANNE M 11204 RAINIER AVE S SEATTLE WA 98178 5,925 $5,115.62 KC Tax Act # 0007200139 Legal Description: TOBIN H H-D C # 37 POR TOBIN H H-DC #37 IN SEC 17 & 18-23-5 - BEG NE COR BLK 24 TOWN OF RENTON TH NLY ON ELY LN BLK 24 250 FT TO TPOB TH CONTG NLY 101.52 FT TH WLY PLT NLY LN OF SD BLK 24 115 FT TH SLY PLT SD ELY LN BLK 24 101.52 FT TH ELY PLT SD NLY LN SD BLK 24 115 FT TO TPOB LESS N 50 FT Parcel # 11 BUENO CARLOS E+SHANNON PO BOX 1148 RENTON WA 98057 6,000 $5,180.37 KC Tax Act # 0007200145 Legal Description: TOBIN H H-D C # 37 BEG INTER E LN WILLIAMS ST & N LN BLK 23 TOWN OF RENTON TH N ON SD E LN 50 FT TH E 120 FT TH S 50 FT TH W TO BEG Parcel # 12 RYAN MAXWELL H P O BOX 336 RENTON WA 98057 6,000 $5,180.37 KC Tax Act # 0007200147 Legal Description: TOBIN H H-D C # 37 N 50 FT OF S 240 FT OF W 120 FT OF POR OF D C LY E OF WILLIAMS ST & N OF BLK 23 TOWN OF RENTON Parcel # 13 TIONNSCNADH LLC 1346 BELLEVUE WAY SE BELLEVUE WA 98004 10,440 $9,013.85 KC Tax Act # 0007200160 Legal Description: TOBIN H H-D C # 37 N 130 FT OF S 470 FT OF W 120 FT OF POR D C LY BTWN WELLS & WILLIAMS STS & N OF BLK 23 TOWN OF RENTON MEAS FROM NW COR SD BLK Parcel # 14 NEWMAN JON+LINDA 8070 LANGSTON RD S SEATTLE WA 98178 6,000 $5,180.37 KC Tax Act # 0007200161 Legal Description: TOBIN H H-D C # 37 POR OF D C BEG AT PT 290 FT N OF NW COR OF BLK 23 TOWN OF RENTON TH N 50 FT TH E 120 FT TH S 50 FT TH W 120 FT TO BEG 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 24 of 135 CITY OF RENTON FINAL ASSESSMENT ROLL FRIEDMAN DEVELOPMENT, LLC SEWER LATECOMER Property Identification Name/Address of Owner Unit Assessment H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Assmnt Roll Final Merrill Gardens Page 4 of 6 Parcel # 15 ST LUKES EPISCOPAL CHURCH 99 WELLS AVE S RENTON WA 98055 5,400 $4,662.33 KC Tax Act # 0007200164 Legal Description: TOBIN H H-D C # 37 BEG 100 FT N OF NW COR OF BLK 23 TOWN OF RENTON TH N ALG E LN OF WILLIAMS ST 45 FT TH E 120 FT TH S 45 FT TH W 120 FT TO BEG Parcel # 16 NEWMAN JON+LINDA 8070 LANGSTON RD S SEATTLE WA 98178 6,000 $5,180.37 KC Tax Act # 0007200189 Legal Description: TOBIN H H-D C # 37 POR OF D C BEG AT PT ON E LN OF WILLIAMS ST 240 FT N OF NW COR OF BLK 23 TOWN OF RENTON TH N 50 FT TH E 120 FT TH S 50 FT TH W 120 FT TO BEG Parcel # 17 CHATEAU DE VILLE CONDOMINIUMS 110 WILLIAMS AVE S #111 RENTON WA 98057 10,357 $8,942.19 PAID KC Tax Act # 7231501955 Legal Description: Parcel # 18 MUELLER CHRISTIE S + GARDNER MARK 116 WILLIAMS AVE S RENTON WA 98055 6,000 $5,180.37 KC Tax Act # 7231501965 Legal Description: RENTON TOWN OF Parcel # 19 DEO SPERAMUS L L C 2651 SW 164TH PL BURIEN WA 98166 10,800 $9,324.67 KC Tax Act # 7231501970 Legal Description: RENTON TOWN OF LOT 5 TGW LOT 6 LESS S 10 FT Parcel # 20 U S BANK CORPORATE PROPS 2800 E LAKE ST, LAKE0012 MINNEAPOLIS MN 55406 38,400 $33,154.38 KC Tax Act # 7231501979 Legal Description: RENTON TOWN OF S 10 FT OF 6 & 13 ALL OF 7 THRU 12 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 25 of 135 CITY OF RENTON FINAL ASSESSMENT ROLL FRIEDMAN DEVELOPMENT, LLC SEWER LATECOMER Property Identification Name/Address of Owner Unit Assessment H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Assmnt Roll Final Merrill Gardens Page 5 of 6 Parcel # 21 CUGINI ALEX JR 611 RENTON AVE S RENTON WA 98055 66,000 $56,984.09 KC Tax Act # 7231502085 Legal Description: RENTON TOWN OF LESS ALLEY TGW POR VAC ALLEY ADJ PORTION TAXABLE Parcel # 22 STORWICK RICHARD ALLEN+FREY CAROL JEAN 1510 9TH ST ANACORTES WA 98221 5,750 $4,964.52 KC Tax Act # 7231502125 Legal Description: RENTON TOWN OF LESS ALLEY Parcel # 23 STORWICK RICHARD ALLEN+FREY CAROL JEAN 1510 9TH ST ANACORTES WA 98221 5,750 $4,964.52 KC Tax Act # 7231502130 Legal Description: RENTON TOWN OF LESS ALLEY Parcel # 24 MERRILL GARDENS C/O PROPERTY TAX COUNSELORS PO BOX 3525 MCKINNEY TX 75070 5,750 $4,964.52 PAID KC Tax Act # 0007200104 Legal Description: TOBIN H H-D C # 37 BEG 150 FT N OF NW COR OF BLK 24 TOWN OF RENTON TH E 115 FT TH N 50 FT TH S 50 FT TO BEG Parcel # 25 MERRILL GARDENS C/O PROPERTY TAX COUNSELORS PO BOX 3525 MCKINNEY TX 75070 8,625 $7,446.78 PAID KC Tax Act # 0007200154 Legal Description: TOBIN H H-D C # 37 BEG ON E MGN BURNETT ST IN CITY OF RENTON N 00-46-00 E 730 FT FR C/L 2ND AVE TH S 89-07-00 E 115 FT TH N 00-46-00 E 75 FT TH N 89-07-00 W 115 FT TH S 00-46-00 W 75 FT TO BEG 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 26 of 135 CITY OF RENTON FINAL ASSESSMENT ROLL FRIEDMAN DEVELOPMENT, LLC SEWER LATECOMER Property Identification Name/Address of Owner Unit Assessment H:\File Sys\PRM - Property Services Administration\PRM-27 - Assessment Districts From 1994 and Forward\0028\MerrillGardens\FINAL\Assmnt Roll Final Merrill Gardens Page 6 of 6 Parcel # 26 MERRILL GARDENS C/O PROPERTY TAX COUNSELORS PO BOX 3525 MCKINNEY TX 75070 8,800 $7,597.88 PAID KC Tax Act # 0007200156 Legal Description: TOBIN H H-D C # 37 BEG ON E MGN BURNETT ST IN CITY OF RENTON N 00-46-00 E 805 FT OF INTRS OF SD ST WITH C/L 2ND AVE TH N 00-46-00 E 76.52 FT TH S 89-07-00 E 115 FT TH S 00-46-00 W 76.52 FT TH N 89-07-00 W 115 FT TO BEG Parcel # 27 MERRILL GARDENS C/O PROPERTY TAX COUNSELORS PO BOX 3525 MCKINNEY TX 75070 51,100 $44,119.50 PAID KC Tax Act # 7231502030 Legal Description: RENTON TOWN OF LESS ALLEY TGW POR OF TOBIN HH DC #37 BEG AT NW COR OF PLAT OF TOWN OF RENTON TH N 00-46-00 E 150 FT TH S 89-07-00 E 115 FT TH S 00-46-00 W 150 FT TH N 89-07-00 W 115 FT TO BEG LESS N 10 FT OF S 30 FT OF LOT 3 BLK 24 TOWN OF RENTON FOR ST TGW W 5 FT OF VAC ALLEY ADJ LOT 4 TGW LOTS 16 & 17 WITH POR VAC ALLEY ADJ TGW VAC R/W ADJ PER VAC ORD #5370 POR TAXABLE Parcel # 28 MERRILL GARDENS C/O PROPERTY TAX COUNSELORS PO BOX 3525 MCKINNEY TX 75070 5,750 $4,964.52 PAID KC Tax Act # 7231502120 Legal Description: RENTON TOWN OF LESS ALLEY LESS N 20 FT DEEDED TO RENTON PER DEED 20080425000371 8b. ‐ Community and Economic Development Department recommends final approval of the 15‐year Friedman Development, LLC latecomer Page 27 of 135 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2011 Title IV Docket #6 Amendments Review Meeting: Regular Council - 28 Feb 2011 Exhibits: Issue Paper 2011 Title IV Docket #6 Amendments Table and Summaries Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Chip Vincent, x6588 Recommended Action: Refer to the Planning and Development Committee and the Planning Commission. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Begin the 2011 Title IV Docket #6 review. There are ten City initiated items. All items are shown in the attached table. STAFF RECOMMENDATION: Approve for Planning Commission review and recommendation the 2011 Title IV Docket #6 proposal as presented. 8c. ‐ Community and Economic Development Department submits the proposed 2011 Title IV (Development Regulations) Docket #6 Page 28 of 135 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:February 11, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:C. E. “Chip” Vincent, Planning Director (x6588) SUBJECT:2011 Title IV Docket #6 Amendments Review ISSUE: Should the 2011 Title IV Docket #6 Amendments be referred to the Planning & Development Committee and the Planning Commission? RECOMMENDATION: Refer the 2011 Title IV Docket #6 Amendments to the Planning and Development Committee and Planning Commission for review. BACKGROUND SUMMARY: RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs upon Council request. The Planning Commission will make recommendations regarding the Land Use Regulations to the Council. Final recommendation of the Title IV Docket will be the authority of the Council. Title IV Development Regulations This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that includes oversights made in previous Title IV updates and initiates several new policy/code review projects. The compiled list includes City staff initiated amendments as shown in the 2011 Title IV Docket #6 Amendments Table. CONCLUSION: The proposed schedule for review of the Title IV Docket #6 Amendments is for the Planning Commission review to occur during February through June 2011. 8c. ‐ Community and Economic Development Department submits the proposed 2011 Title IV (Development Regulations) Docket #6 Page 29 of 135 2011 TITLE IV DOCKET #6 AMENDMENTS Initiated by/ Assigned to Amendment Request Angie Assigned to: Angie Animal Provisions for recently annexed areas The East Renton Plateau Citizens Task Force recommended that residents in areas that annex to the City be allowed to continue to keep animals that would be considered non-conforming in Renton, but were legal in King County, after the area annexes. Additionally, the Task Force recommended that those non-conforming animals be allowed to be replaced in perpetuity for that parcel. In 2007, Council affirmed the position of the Task Force on both of these issues. Since then, implementation of these two policies has proven challenging for staff. The largest challenge has been administration of disparate rules for different portions of the City. This work item would clarify the City policy on this issue and improve the ease of administration by seeking to have one policy that applies to the entire City. Larry W./Laureen Assigned to: Rocale Political signs The requirement needs to be made consistent within the code. 4-4-100J4b states 32 sq ft and 4-4-100B6m states 12 sq ft. Also, consider addition of a penalty section for late removal of campaign signs Staff Assigned to: Rocale Adult Entertainment Review current adult entertainment provisions in code and establish new locational criteria consistent with current laws on the subject. The city currently has a moratorium in place while new rules are being developed. The current moratorium will expire this year. Vanessa Assigned to: Vanessa New rules authorizing sunset provisions for inactive land use applications (“Old dogs”) Add provisions to put a sunset date on projects that have been determined to be complete, but no action has been taken on them in a long period of time. Many land use applications have been submitted and determined to be complete by the City. However, many of these applications have had no activity for months to years and are vested to the codes and regulations in place at time of complete application (some as old as 2006). This docket item would add provisions to Title IV that would allow, with proper notice, closing of land use applications that have not seen action for an extended period of time. Staff Assigned to: Kris Authorize the Hearing Examiner to conduct site visits Currently, the Hearing Examiner does not visit site and there are benefits that could result in his decision when able to conduct physical site visits. The current code does not specifically authorize site visits to occur. Alex Assigned to: Kris Construction Fencing Adopt regulations for construction fencing (particularly in the urban zones: CD, UCN, and CV) that requires decorative treatments and/or art. Jennifer/Bonnie W. Assigned to: Laureen Extension approvals Ensure that subdivision approvals are covered under the code that extends land use decisions and removal of the sunset date of December 31, 2010. Erika Assigned to: Erika “Downtown Core” vs. “Center Downtown Zone” The term “Downtown Core” should be “Center Downtown Zone” Larry W./Jennifer Assigned to: Jennifer Provide connection between land use applications and SEPA mitigation conditions RCW requires that an appeal of a mitigation condition be combined with the appeal of specific governmental action. RMC doesn’t have a section incorporated by reference or similar code. Laureen/Larry W. Assigned to: Jennifer Card room restrictions Rules for card rooms need to be evaluated and updated consistent with current laws and City policy. 8c. ‐ Community and Economic Development Department submits the proposed 2011 Title IV (Development Regulations) Docket #6 Page 30 of 135 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Chapter 17, Encroachments on Public Property Ordinance Meeting: Regular Council - 28 Feb 2011 Exhibits: Issue Paper Ordinance Submitting Data: Dept/Div/Board: Community Services Staff Contact: Terry Flatley - x6601 Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Encroachments on public property include adjacent property owners using City-owned property for their purposes, illegal dumping, illegal tree removal, and building upon public lands without permission. Many of the encroachments occur along natural areas where federal funding requirements prohibit these types of uses. Dumping plants has created an invasive plant problem in natural areas, an expensive maintenance repair problem. In one instance, the Community Services Department expended over $5,000 to remove a dump site in the Cedar River Natural Area. The Encroachment on Public Property Ordinance will be one tool to reduce, prevent and remedy similar encroachments. The requested action (through adoption of the attached ordinance) would add a new Chapter 17 to Title Nine of the Renton Municipal Code, titled "Encroachments on Public Property". The ordinance establishes the policy of prevention of encroachments on public property, establishes an appeal procedure for encroachment violation notices, levies costs to resolve, remove or correct an encroachment, establishes damages and value of use for an encroachment, allows for use permits for public property, declares encroachment as a nuisance and establishes that an enforcement violation may be an infraction or misdemeanor. Upon adoption by City Council, the ordinance will become effective 30 days from signing after publication. STAFF RECOMMENDATION: Approve code amendments regarding encroachments and adopt the ordinance. 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 31 of 135 H:\PARKS\PKS Secretary\2010 Files\2010-129mb (Issue Paper-Contract Landscape Maint-Canber).doc COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:February 17, 2011 TO:Terri Briere, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Terry Flatley, Urban Forestry and Natural Resources Manager (x-6601) SUBJECT:Chapter 17 – Encroachments on Public Property Ordinance ISSUE: Should the Council concur with the staff recommendation to pass the new Chapter 17, Encroachments on Public Property Ordinance? RECOMMENDATION: Staff recommends passage of Chapter 17, Encroachments on Public Property Ordinance. BACKGROUND SUMMARY: Encroachments on public property include adjacent property owners using City-owned property for their purposes, illegal dumping, illegal tree removal, and building upon public lands without permission. Many of the encroachments occur along natural areas where federal funding requirements prohibit these types of uses. Dumping plants has created an invasive plant problem in natural areas, an expensive maintenance repair problem. In one instance, the Community Services Department expended over $5,000 to remove a dump site in the Cedar River Natural Area. The Encroachment on Public Property Ordinance will be one tool to reduce, prevent and remedy similar encroachments. Chapter 17, Encroachments on Public Property Ordinance establishes the policy of prevention of encroachments on public property, establishes an appeal procedure for encroachment violation notices, levies costs to resolve, remove or correct an encroachment, establishes damages and value of use for an encroachment, allows for use permits for public property, declares encroachment as a nuisance and establishes that an enforcement violation may be an infraction or misdemeanor. Cc:Jay Covington, Chief Administrative Officer Larry Warren, City Attorney 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 32 of 135 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE IX, (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW CHAPTER 17, ENTITLED "ENCROACHMENTS ON PUBLIC PROPERTY", ESTABLISHING THE POLICY OF PREVENTION OF ENCROACHMENTS ON PUBLIC PROPERTY, ESTABLISHING AN APPEAL PROCEDURE FOR ENCROACHMENT VIOLATION NOTICES, LEVYING COSTS TO RESOLVE, REMOVE OR CORRECT AN ENCROACHMENT, ESTABLISHING DAMAGES AND VALUE OF USE FOR AN ENCROACHMENT, ALLOWING FOR USE PERMITS FOR PUBLIC PROPERTY, DECLARING AN ENCROACHMENT AS A NUISANCE. AND ESTABLISHING THAT AN ENCROACHMENT VIOLATION MAY BE AN INFRACTION OR MISDEMEANOR. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new chapter 17, entitled "Encroachments on Public Property", to read as follows: CHAPTER 17 ENCROACHMENTS ON PUBLIC PROPERTY SECTION: 9-17-1 9-17-2 9-17-3 9-17-4 9-17-5 9-17-6 9-17-7 9-17-8 9-17-9 Policy Definitions Procedure Appeals Boundary Disputes Costs to Resolve, Remove or Correct Damages and Value of Use Public Property Use Permit Nuisance 9-17-10: Infraction and Misdemeanor 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 33 of 135 ORDINANCE NO. 9-17-1 POLICY: It is the policy of the City of Renton that no person shall make unauthorized use of public lands. Any encroachment on, to, under, over, or modification of City owned, managed, maintained or leased lands including park, natural area or open space property, public buildings or rights-of-way will be deemed trespassing regardless of when the property was initially encroached upon. The violator(s) of such encroachment shall be notified and directed to remove any and all encroachments to the land not previously approved in writing by the City, to restore the land to its original condition and provide maintenance for three (3) years following restoration. It is the policy of the City of Renton to resolve all encroachments in a fair and equitable manner, in the manner most beneficial and to work with and assist encroaching parties to remove the encroachment(s). 9-17-2 DEFINITIONS: EASEMENTS: A limited right to make use of a property owned by another, such as a right-of-way across the property. EMERGENCY: An occasion when property or life is at risk. ENCROACHMENT: An incursion onto public lands including, but not limited to, clearing, grading, gardening, landscaping, installing structures, constructing, storing, placing, dumping, maintaining, cutting, overhanging, excavating, parking, diverting, destabilizing, draining onto, defacing, damaging, mutilating, removing, and limiting access onto. 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 34 of 135 ORDINANCE NO. ENCROACHMENT VIOLATION NOTICE: A letter prepared by the Code Compliance division and addressed to the property owner who encroaches upon public lands or public right-of-way that defines the encroachment and stipulates the conditions and requirements for removing the encroachment. LIEN AGAINST PROPERTY: A claim or charge made against property. PUBLIC LANDS: Property owned by the City of Renton and property in which Renton has an easement or interest. Examples include parks, natural areas, fire stations, libraries and sidewalks. For purposes of this ordinance, rights-of-way will be dealt with in the right-of-way use permit ordinance. UNAUTHORIZED USE: A use not permitted by the City. 9-17-3 PROCEDURE: A. Identification of Encroachments: 1. Upon discovery that an unauthorized encroachment has occurred, City staff shall attempt to contact, in person, the property owner encroaching upon public property, identify the encroachment circumstances to the property owner, offer suggestions for removing the encroachment on an informal basis and work with that owner to have the encroachment removed and the area restored. 2. If the encroachment is not successfully removed, City staff shall review the encroachment with the City Attorney before recommending an appropriate action to the Mayor or his or her designee. 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 35 of 135 ORDINANCE NO. 3. Removal of Encroachment Notification. If it is determined that an encroachment requires removal and restoration, the encroaching party shall be mailed an Encroachment Violation Notice that identifies and directs removal and restoration of the unauthorized encroachment within thirty (30) days. B. Failure to Comply: 1. If the encroaching party fails to comply with the Encroachment Violation Notice, a second Encroachment Violation Notice shall be sent "Return Receipt Requested". The Notice shall indicate "Second Attempt" and provide for a thirty (30)-day response to the removal and restoration of the encroachment. 2. If the encroaching party fails to comply with the second written notice, the City mav remove the unauthorized encroachment and restore the property to its original condition. The cost of such action mav be charged to the encroaching party. 9-17-4 APPEALS: Individuals mav appeal an Encroachment Violation Notice to the Community Services Administrator or designee, who will issue a written decision based on the City file and the contents of the appeal. Any appeal must be in writing and received within thirty (30) days of receipt of the Encroachment Violation Notice. 9-17-5 BOUNDARY DISPUTES: In the event that the property boundary is disputed, the property owner mav, at the owner's expense, commission a boundary survey by a licensed and 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 36 of 135 ORDINANCE NO. qualified surveyor. If there is a bona fide dispute as to the boundary, the City shall wait a reasonable time for the survey to be completed. 9-17-6 COSTS TO RESOLVE. REMOVE OR CORRECT: Costs to resolve or correct unauthorized encroachments will be charged to the party encroaching upon public lands. Such costs mav include, but are not limited to, boundary surveys, construction permit fees, engineering or architectural fees, contracts. City staff time, demolition, lien applications, removal, restoration, three (3)-year maintenance costs, legal fees, and accrued interest if payment is not received within thirty (30) days of invoicing. Such costs shall be a lien against the encroaching party's real estate. 9-17-7 DAMAGES AND VALUE OF USE: In addition to the costs to resolve or correct the encroachment, the encroaching party shall be liable for any damage to City property and shall be liable for the value of the use of the City property encroached upon, at the rate of one percent (1%) per month of the fair market value of the encroached property or fifty dollars ($50) per month, whichever is greater. 9-17-8 PUBLIC PROPERTY USE PERMIT: When not prohibited by grant funding conditions tied to acquisition, restrictive covenants or applicable law, rules and regulations and upon a finding that the City has no foreseeable use or need for the property encroached upon, the encroaching party mav make application for a revocable permit to use and occupy the public property. The application for the permit must be made to the 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 37 of 135 ORDINANCE NO. Mayor or his or her designee, legally describing the property to be used and the purpose of such use. The minimum permit requirements are described in RMC 9-2-3. There shall be a fee for such permit as established by RMC 4-1-180E. Before any permit can be issued, a fee for the duration of the encroachment must be paid at the rate set by RMC 4-1-180E. 9-17-9 NUISANCE: Any encroachment on City property is hereby declared a nuisance, which can be abated by court order or under Section 1-3-3 of this Code. 9-17-10 INFRACTION AND MISDEMEANOR: After receipt of an Encroachment Violation Notice and second Encroachment Violation Notice, one who continues, intensifies or expands such encroachment shall be issued a Notice of Infraction. After one (1) found infraction, a party continuing an encroachment shall be guilty of a misdemeanor punishable pursuant to RMC 1-3-1. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. ., 2011. Denis Law, Mayor 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 38 of 135 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1641:2/16/ll:scr 8d. ‐ Community Services Department recommends amending City Code by adopting an ordinance regarding encroachments on public property. Page 39 of 135 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: FEMA-1671-DR-WA Amendment B Meeting: Regular Council - 28 Feb 2011 Exhibits: Issue Paper FEMA-1671-DR-WA Amendment B Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Deborah Needham, Emergency Management Director Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The state grant agreement with the Washington Military Department for public assistance for the November 2006 flood event, also known as 1671-DR-WA, has expired. Amendment B changes the grant expiration date to December 12, 2012. STAFF RECOMMENDATION: Extend the grant expiration date and authorize the Mayor and City Clerk to sign the amendment. 8e. ‐ Fire and Emergency Services Department recommends approval of Amendment B to CAG‐07‐014, with the Washington State Military Page 40 of 135 8e. ‐ Fire and Emergency Services Department recommends approval of Amendment B to CAG‐07‐014, with the Washington State Military Page 41 of 135 8e. ‐ Fire and Emergency Services Department recommends approval of Amendment B to CAG‐07‐014, with the Washington State Military Page 42 of 135 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: SW 27th Street/Strander Blvd. Extension Phase II Agreement with City of Tukwila Meeting: Regular Council - 28 Feb 2011 Exhibits: Issue Paper interlocal Agreement Resolution TIP No. 4 Sheet Submitting Data: Dept/Div/Board: Public Works Staff Contact: Rich Perteet, Deputy Public Works Administrator- Transportation Recommended Action: Refer to Transportation Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: On June 15, 2010, Tukwila formally terminated the Interlocal Agreement CAG 08-047 for the SW 27th/Strander Blvd. project. That agreement covered the relocation of the Union Pacific Railroad (UPRR) tracks, construction of a bridge overcrossing of the Burlington Northern Santa Fe (BNSF) and UPRR tracks, and cost sharing. The purpose of this new agreement is to establish the City of Renton as the lead agency to manage the project, and to provide for the design, environmental documentation, property acquisition and construction of the project. This agreement does not address funding of the project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the interlocal agreement between the City of Tukwila and the City of Renton for Phase II of the SW 27th Street/Strander Blvd. Extension Project establishing Renton as the lead agency and present the resolution for reading and adoption. 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 43 of 135 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE:February 28, 2011 TO:Terri Briere,Council President Members of the Renton City Council VIA: FROM: Denis Law, Mayor "'),. Gregg Zimmerman,rmlnistrator STAFF CONTACT:Rich Perteet, Deputy Public Works Administrator- Transportation, extension 7242 SUBJECT:SW 27th Street/Strander Blvd. Extension Phase II Agreement with the City of Tukwila ISSUE: Should Council approve a resolution authorizing the Mayor and City Clerk to execute an agreement between the City of Tukwila and the City of Renton? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the interlocal agreement between the City of Tukwila and the City of Renton for Phase II of the SW 27th Street/Strander Blvd. Extension Project establishing Renton as the lead agency and present the resolution for reading and adoption. BACKGROUND: On June 15, 2010, Tukwila formally terminated the lnterlocal Agreement CAG 08-047 for the SW 27th/Strander Blvd. project. That agreement covered the relocation of the Union Pacific Railroad (UPRR) tracks, construction of a bridge overcrossing of the Burlington Northern Santa Fe (BNSF) and UPRR tracks, and cost sharing. The UPRR was initially favorable to the relocation of their track as evidenced by their letter of October 8, 2004. In that letter they included eight conditions for acquiescing to the relocation of their track, and noted that additional conditions might be imposed. Unfortunately, the imposition of "additional conditions" led to 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 44 of 135 Terri Briere, Council President Members of the Renton City Council Page 2 of 2 February 28, 2011 extended negotiations between Renton and the UPRR and ended with their imposition of a condition that was physically impossible to perform. The construction of a bridge overcrossing is not feasible without moving the track, leading to the current design that leaves the UPRR tracks in their current location with the new roadway crossing under that track. In their letter of June 15, Tukwila referenced an "unprecedented shortfall in funding," and the lack of agreement with the UPRR as the reason for the termination of the agreement. The purpose of this new agreement is to establish the City of Renton as the lead agency to manage the project, and to provide for the design, environmental documentation, property acquisition, and construction of the project. The agreement establishes that Renton owned water and sewer utilities located in Tukwila will remain City owned and maintained facilities. The storm water detention facility required for the Phase II project will be located on City of Tukwila property and will be owned and maintained by Renton. This agreement does not address funding of the project. C:Rich Perteet, Deputy Public Works Administrator-Transportation Rob Lochmiller, Transportation Project Manager H: Division/Transport/Admin/Admin/Agenda Biii2011/New Tukwila Agreement Strander Phase II8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 45 of 135 C:\Documents and Settingslcbrundage \Local SettingsI Temporary Intemet Files\ContenlOutlook\ W4M7IHKQ\201J.Q1.06 Tukwila·Strander ILA revised 12 15 10 Rich Version (2).doc C:\Documents and Settingslcbrundage \Local SettingsI Temporary Intemet Files\ContenlOutlook\ W4M7IHKQ\201J.Q1.06 Tukwila·Strander ILA revised 12 15 10 Rich Version (2).doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND THE CITY OF TUKWILA REGARDING PHASE II OF THE SW 27m STREET/ STRANDER BLVD. EXTENSION PROJECT THIS AGREEMENT is made and entered into by and between and the City of Renton,( "Renton") and the City of Tukwila, (''Tukwila"). This Agreement is made for the purpose of performing the planning, design, acquisition of necessary property, and construction of Phase II of the improvements to the SW 27th StreetJStrander Blvd. Extension Project between West Valley Highway (SR-181) and Oakesdale Ave. SW ("Project"). This Agreement does not address funding of the project. RECITALS A. Part ofthe Project is within the City of Renton and part ofthe Project is within the City of Tukwila. B. Renton and Tukwila have both identified the need for extending Strander Blvd./ SW 27th Street to connect to Oakesdale Avenue South to provide an additional eastlwest arterial connection between the cities. C. It is in the best interest of Renton and Tukwila to establish a lead agency to manage this Project and to provide for the design, environmental review, property acquisition and construction of the Project. D. Renton and Tukwila are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement of this nature. E. Renton previously completed construction of Phase I of the Strander Boulevard Extension Project and is completing the design, environmental and right-of-way acquisition for Phase II (see Fig. 1). NOW, THEREFORE, Renton and Tukwila agree as follows: AGREEMENT 1. SCOPE OF WORK Phase II of this Project will extend Strander Blvd./ SW 27th Street from Naches Ave SW under BNSF to the south side of the Tukwila Sounder Commuter Rail Station (in between UPRR and BNSF tracks). 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 46 of 135 C:\Documents andSettings\cbrundage \Local Settings\Temporary Internet Files\ContenlOutlook\ W4M71HKQ\2011-01-06 Tukwila- Strander ILA revised 12 15 10 Rich Version (2).doc C:\Documents andSettings\cbrundage \Local Settings\Temporary Internet Files\ContenlOutlook\ W4M71HKQ\2011-01-06 Tukwila- Strander ILA revised 12 15 10 Rich Version (2).doc The future Phase III will complete the extension to West Valley Highway (SR-181) by constructing a UPRR underpass and will complete the new east/west arterial connection between Renton and Tukwila. 2. TERMS AND CONDITIONS 2.1 Renton shall be the lead agency for the Project with regard to design, environmental review, obtaining right-of-way and other property, if needed, construction and all other matters pertinent to accomplishment of the Project. 2.2 Renton shall be responsible for the advertisement and selection of engineering and other design consultants as necessary for the completion of the engineering design. 2.3 Renton shall be responsible for coordinating the public information and involvement effort in both Cities. Tukwila shall be given the opportunity to attend and participate in any public meetings. 2.4 Renton shall provide to Tukwila the necessary permit applications for the construction of that portion of the Project within Tukwila's jurisdiction. 2.5 The parties to this Agreement shall appoint a contact person or persons to act as liaison for the Project. These contact persons will meet on an "as needed" basis to provide guidance for the Project and serve as a coordination body between the two agencies. 2.6 Renton will provide 30, 60 and 90 percent plans and specifications to Tukwila for review. Tukwila will provide written comments, if any, to Renton within the shortest time possible (goal: 14 days or less) after Tukwila receives the plans and specifications. 2.7 Renton shall be responsible for the acquisition of all property necessary for the Project. Tukwila agrees to cooperate in Renton's efforts to acquire property that lies within Tukwila's portion of the Project area. Any eminent domain proceedings which are instituted as a result of this agreement in either Renton's boundaries or Tukwila's boundaries will be funded by the Project. Property acquired for this Phase II project that is located in the City ofTukwila shall remain vested with the City ofTukwila. 2.8 Tukwila agrees to use of all of their property designated by King County as Parcel No. 2523049006 for the needs of the project. 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 47 of 135 C:\Documents and Settings\cbruncJa.:e \Local Settings\Temporary lnternetFiles\ContenlOutlook\ W4M71HKQ\2011-01-06 Tukwila- Strander !LA revised 12 15 10 Rich Version (2).doc C:\Documents and Settings\cbruncJa.:e \Local Settings\Temporary lnternetFiles\ContenlOutlook\ W4M71HKQ\2011-01-06 Tukwila- Strander !LA revised 12 15 10 Rich Version (2).doc 2.9 Tukwila hereby grants to Renton, and their agents and assigns, right-of-entry into the incorporated limits of Tukwila for the purpose of performing any and all tasks necessary to complete the Project. 2.10 The final acceptance of the Project design shall be by Renton after review by Tukwila. 3. CONSTRUCTION CONTRACT BIDDING 3.1 Renton shall perform project planning, provide a project definition and prepare the contract bid documents for the Project. 3.2 Renton shall advertise the contract in the official legal publication for the City of Renton and, if necessary, other newspapers to provide the widest possible coverage commensurate with the size of the Project. 3.3 Renton will provide to Tukwila a copy of the plans and specifications advertised for bid. 3.4 Renton will open the bids. Renton will notify Tukwila of the time and date of the opening of the bids. Tukwila may, but need not, attend the opening of the bids. 3.5 Renton will tabulate the bids. Renton shall provide a dated, verified copy of the bid tabulations to Tukwila. 3.6 Renton shall award the contract to the lowest responsive, responsible bidder for the total Project, subject to applicable laws and regulations. 4. CONTRACT ADMINISTRATION 4.1 Renton shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for the execution of the Project. In providing such services within Tukwila, Renton's Public Works Administrator may exercise all the powers and perform all the duties vested by law or ordinance in the City of Tukwila Engineer or other Tukwila officer or department charged with street administration. 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 48 of 135 C:\Documents and Settings\cbrundege\Local Settings\Temporary Internet Files\Content.Outlook\ W4M7IHKQ\2011-01-06 Tukwila· Strander lLA revised 12 15 10 Rich Version (2).doc C:\Documents and Settings\cbrundege\Local Settings\Temporary Internet Files\Content.Outlook\ W4M7IHKQ\2011-01-06 Tukwila· Strander lLA revised 12 15 10 Rich Version (2).doc 4.2 Renton will at all times keep Tukwila advised as to the progress of the Project, and shall not order or approve any changes in the approved Project design that substantially change the nature of the Project within the limits of the City of Tukwila without first consulting with and gaining the approval of Tukwila. 4.3 Prior to Project completion, both parties shall perform a mutual final inspection of the Project. Tukwila may provide a written deficiency list to Renton within ten working days after the final inspection. The contractor will complete only construction deficiencies that comply with the contract specifications. Final Project acceptance will be by Renton's Public Works Administrator. 5. OWNERSHIP AND MAINTENANCE 5.1 Relocated water and sewer utilities in Tukwila currently owned and operated by Renton will remain City of Renton facilities and Renton will assume ownership and maintenance after final contract acceptance by the City of Renton. 5.2 Through a permanent easement granted by Tukwila, stormwater detention facilities required for the Phase II project located on the Tukwila parcel shall be owned and maintained by Renton, including the underground pump station, the above ground maintenance building that houses the emergency generator (if any), the pond, access roads, and outfall piping. The easement shall include a description of Renton's obligation. 6. DURATION. This Agreement shall remain in effect upon approval and execution of the Agreement by both parties. 7. TERMINATION. Either party may terminate this Agreement by giving thirty (30) days written notice of termination ffito the other party. 9. INDEMNIFICATION AND HOLD HARMLESS 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 49 of 135 C:\Documents and Settings\cbrundage\Local Settings\Temporary lntemetFiles\ContenlOutlook\ W4M7IHKQ\2011-01-06 Tukwila- Strander !LA revised 12 15 10 Rich Version (2).doc C:\Documents and Settings\cbrundage\Local Settings\Temporary lntemetFiles\ContenlOutlook\ W4M7IHKQ\2011-01-06 Tukwila- Strander !LA revised 12 15 10 Rich Version (2).doc Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. CITY OF RENTON CITY OF TUKWILA Title: _ Title: Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Renton City Attorney Tukwila City Attorney 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 50 of 135 CITY OF RENTON, WASHINGTON RESOLUTION NO. _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF TUKWILA REGARDING PHASE II OF THE 27TH STR.EET/STRANDER BOUlEVARD EXTENSION PROJECT. WHEREAS, the cities of Renton and Tukwila are authorized, pursuant to RCW Chapter 39.34,to enter into an interlocal government cooperative agreement;and WHEREAS, the cities of Renton and Tukwila have both identified the need for extending Strander Boulevard/SW 27t11 Street to connect to Oakesdale Avenue South to provide an additional east/west arterial connection between the cities; and WHEREAS,Phase II of the 27th Street/Strander Boulevard Extension Project ("Project") will be located partly in the City of Renton and partly in the City of Tukwila; and WHEREAS, it ls in the best interest of both cities to establish a lead agency to manage the Project and to provide for the design, environmental review, property acquisition and construction of the Project; and WHEREAS,the City of Renton previously completed Phase I of the Strander Boulevard E>.iension Project and is completing the design, environmental and right-of-way acquisition for Phase U; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHiNGTON, DOES RESOLVE AS FOLLOWS: SECflON 1.The above recitals are found to be true and correct in all respects. 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 51 of 135 h RESOLUTION NO. _ SEC!IQN 11.The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with City of Tukwila regarding Phase II of the 271 h Street/Strander Boulevard Extension Project. PASSED BY THE CITY COUNCIL this day of .J 2011. Bonnie L Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RE$.1497:2/8/ll:scr 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 52 of 135 CITY OF RENTON • •2011-2016 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM • TIP No.: 4 SW 27th Street/Strander Boulevard Connection •This project provides a new critical four/five-lane arterial that will serve as a connector to West Valley Highway (SR-181) and East Valley Road. The project will provide a grade-separated crossing at the Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe (BNSF) railroad tracks. DESCRIPTION:The new road will provide access to the new Tukwila Station, a multi-modal center being developed immediately north ofthe new alignment, and to the Boeing Longacres site. By undercrossing the UPRR and BNSF railroads, the new arterial will provide significant benefits to both freight mobility and general motorists. PROJECT COST (Up to 2016): Planning ............... .. $30,000 Q_esign $ 13,005,080 Right-of-Way $3,172,500 Construction Contract $ 10,245,431 Construction Management $530,000 Phase 1, Seg 1Design and Constr..........$3,009,442 PROJECT EXPENSES: TOTAL $29,992,453 YEAR 2011-2016 Project Funding Categories Unfunded Secured 2011-2016 Funding Local 1 Other 2 Total Funded Pre 2010 $ 5,441,591 $3,518,660 $8,960,251 2010 $-$ 13,000,000 $ 13,000,000 2011 $ -$32,202 $32,202 2012 $ -$-$ -$- 2013 $ -$ -$ -$- 2014 $-$-$ -$ - 2015 $ 5,000,000 $ -$ -$- 2016 $ 3,000,000 $ -$ -$- Total $ 8,000,000 $-$32,202 $ 32,202 PROGRAMMED FUNDING: (2011-2016} City of Renton: Other (Grants/Agreements): Unfunded Need TOTAL $ $32,202 $8,000,000 PROJECT STATUS:The total project cost is estimated as $62M and completion anticipated for 2020. Costs beyond 2016 not shown. $500,000 Metro mitigation reserve to be approved by Council. PAGE 5 · 4A 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 53 of 135 1 Local: City Funds 2 Other: Grants, Agreements 8f. ‐ Transportation Systems Division recommends approval of an interlocal agreement with the City of Tukwila establishing the City of Page 54 of 135 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Assignment Agreement Between Tukwila, Renton, and BNSF for the Strander Blvd. Underpass Meeting: Regular Council - 28 Feb 2011 Exhibits: Assignment Agreement BNSF Underpass Agreement Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Rich Perteet, Deputy Public Works Administrator-- Transportation, extension 7242 Recommended Action: Refer to Transportation Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/a City Share Total Project: $ N/A SUMMARY OF ACTION: The cities of Renton and Tukwila have had agreements dating back to 1988, for development of cross valley transportation routes. The City of Tukwila was the lead agency for the roadway and bridge construction under the BNSF and UPRR tracks at 180th Street. Tukwila has maintenance responsibilities for the foundations and substructure of those bridges. With the concurrence of BNSF, Tukwila wishes to assign the rights and responsibilities for the construction and maintenance of the new SW 27th/Strander Blvd. - BNSF undercrossing to Renton under the terms of the tri-party agreement. STAFF RECOMMENDATION: Approve an agreement with the City of Tukwila and BNSF Railroad to assign the rights and responsibilities for construction and maintenance of the Strander Blvd. Underpass to the City of Renton, and present the resolution for reading and adoption. 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 55 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 56 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 57 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 58 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 59 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 60 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 61 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 62 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 63 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 64 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 65 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 66 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 67 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 68 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 69 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 70 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 71 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 72 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 73 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 74 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 75 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 76 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 77 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 78 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 79 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 80 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 81 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 82 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 83 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 84 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 85 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 86 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 87 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 88 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 89 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 90 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 91 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 92 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 93 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 94 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 95 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 96 of 135 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 97 of 135 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN ASSIGNMENT AGREEMENT WITH CITY OF TUKWILA REGARDING AN AGREEMENT BETWEEN CITY OF TUKWILA AND BNSF RAILWAY COMPANY FOR RAILROAD BRIDGE CONSTRUCTION AND MAINTENANCE. WHEREAS, the City of Renton ("Renton") is the project sponsor for the proposed Strander Boulevard/SW 27th Street Extension Project ("Project"); and WHEREAS, Renton and the City of Tukwila ("Tukwila") have been collaborating and cooperating on the design and construction of the Project; and WHEREAS, the Project necessitates a new railroad crossing at separated grades ("Strander Boulevard Underpass"), which will be wholly located in the Tukwila city limits; and WHEREAS, Renton, as the project sponsor, requires that there be in place an agreement between BNSF Railway Company ("BNSF") and Tukwila for construction and maintenance of the Strander Boulevard Underpass as it will be wholly within Tukwila city limits; and WHEREAS, as Tukwila is not a participant in, and does not benefit from, the design and construction of the Strander Boulevard Underpass, it wishes to assign all of its rights and responsibilities under its agreement with BNSF regarding the Strander Boulevard Underpass to Renton; and WHEREAS, Renton, as the project sponsor, agrees to accept assignment of Tukwila's rights and responsibilities under the agreement with BNSF regarding the Strander Boulevard Underpass; 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 98 of 135 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an assignment agreement with Tukwila regarding the agreement between Tukwila and BNSF regarding construction and maintenance of the Strander Boulevard Underpass. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney RES.1496:2/8/ll:scr Denis Law, Mayor 8g. ‐ Transportation Systems Division recommends approval of an agreement with the City of Tukwila and the Burlington Northern Santa Fe Page 99 of 135 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE CITY TO IMPOSE A SALES AND USE TAX, AUTHORIZED BY RCW 82.14.415, AS A CREDIT AGAINST STATE SALES AND USE TAX, RELATING TO ANNEXATIONS. WHEREAS, state law authorizes the reallocation of the sales tax already collected by the state to be remitted to the City to assist with funding the costs of certain newly annexed areas; and WHEREAS, in accordance with Chapter 35A.14 RCW, the Council called for a special election to be held, at which election the question of annexation was presented to the voters of the Benson Hills Annexation Area; and WHEREAS, the notice of intention to annex was filed with the King County Boundary Review Board and subsequently approved; and WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to a vote of the people in the annexation area; and WHEREAS, the King County Records, Elections and Licensing Services Division certified that the annexation had been approved by voters; and WHEREAS, following a favorable vote on the annexation proposition, the Council adopted an ordinance annexing the Benson Hill Communities Annexation Area effective March 1, 2008, an annexation area that has a population greater than ten thousand (10,000) people; and 10a. ‐ Benson Hill Communities annexation sales tax credit (See 9.a.) Page 100 of 135 RESOLUTION NO. WHEREAS, the Council finds that the true and actual net costs to provide municipal services to the annexation area totaled Two Million Fifty-four Thousand Dollars ($2,054,000) for the City's fiscal year 2009 and the State's fiscal year July 1, 2009 to June 30, 2010; and WHEREAS, the Council finds and determines that the projected net costs to provide municipal services to the annexation area exceeds Two Million Six Hundred Thousand Dollars ($2,600,000) for the City's fiscal year 2011 and the State's fiscal year July 1, 2011 to June 30, 2012;and WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the circumstances of this annexation, to impose a sales and use tax as authorized with that tax being a credit against the state tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Council hereby determines the threshold amount in providing municipal services to the Benson Hill Communities Annexation Area is Two Million Six Hundred Thousand Dollars ($2,600,000) and that a tax rate of One-tenth percent (0.1%) shall be continued during the State's fiscal year starting July 1, 2011, to assist the City in providing municipal services to the area. SECTION III. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. SECTION IV. This resolution shall take effect and be in full force upon passage and signatures hereon. 10a. ‐ Benson Hill Communities annexation sales tax credit (See 9.a.) Page 101 of 135 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1494:2/9/ll:scr 10a. ‐ Benson Hill Communities annexation sales tax credit (See 9.a.) Page 102 of 135 I^mdc^ J-iww CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-2-060A, AGRICULTURE AND NATURAL RESOURCES, OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, AND SECTION 4-11-180, DEFINITIONS R, OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", AMENDING THE ZONING USE REGULATIONS REGARDING AGRICULTURE AND NATURAL RESOURCES BY ADDING A USE TO THE ZONING USE TABLE SPECIFYING WHICH ZONES ALLOW FOR SMALL-SCALE SCIENTIFIC RESEARCH ACTIVITIES OR USES, AND ADDING A DEFINITION FOR "RESEARCH - SCIENTIFIC (SMALL SCALE)". WHEREAS, the City recognizes that the gathering of data, information, and facts for the advancement of scientific knowledge is valuable; and WHEREAS, the City recognizes that certain scientific research projects or activities were not previously anticipated in the context of allowed uses in certain zoning designations; and WHEREAS, the City seeks to set standards that are consistent with the established environmental principles; and WHEREAS, the City seeks to allow small scale scientific research activities or experiments which do not create an undue impact on the underlying use of the site or the environment; and WHEREAS, this matter was referred to the Planning Commission for investigation, study, and the matter having been considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and 10a. ‐ Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50 (1st reading 2/14/2011)Page 103 of 135 ORDINANCE NO. WHEREAS, the Planning Commission held a public hearing on October 20, 2010, having considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-060A, Agriculture and Natural Resources, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ZONING USE TABLE USES: RESIDENTIAL ZONING DESIGNATIONS RC R- 1 R- 4 R- 8 RMH R- 10 R- 14 RM INDUS- TRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA CD CO COR UC- Nl UC- N2 A. AGRICULTURE AND NATURAL RESOURCES Agriculture Natural resource extraction/recovery Research - Scientific (Small Scale) P H P P H P H P H P H P H P H P H P H P H59 P H P H P H P H P H P H P H P P P SECTION II. Section 4-11-180, Definitions R, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to include a definition for "Research - Scientific (Small Scale)" to read as follows: RESEARCH - SCIENTIFIC (SMALL SCALE): The gathering of data, information. and facts for the advancement of knowledge. Small-scale research is generally 10a. ‐ Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50 (1st reading 2/14/2011)Page 104 of 135 ORDINANCE NO. sponsored by an organization or government agency. Facilities mav consist of temporary offices, sheds, or structures that have a small footprint. The uses have only limited impact on the underlying use of the site or environment as determined by the Administrator of the Department of Community and Economic Development or designee. Such scientific research may be conducted in a building or in the field, mav include investigation, testing or experimentation for study, research education, mitigation, and demonstration of scientific principles and mav be temporary in nature. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ ., 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD:1691:12/2/10:scr 10a. ‐ Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50 (1st reading 2/14/2011)Page 105 of 135 I AMJ^f t-rt-M*1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-2-020C, RESIDENTIAL-1 DU/ACRE (R-1), 4-2-110A, DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES), 4-2-110B, DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS), AND 4-2-110D, CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR RESIDENTIAL ZONING DESIGNATIONS, OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", CLARIFYING THE REGULATIONS REGARDING DEVELOPMENT STANDARDS AND CONDITIONS ASSOCIATED WITH THE RESIDENTIAL-1 (R-1), RESIDENTIAL-4 (R-4), RESIDENTIAL-8 (R-8), AND RESIDENTIAL-10 (R-10) ZONING DESIGNATIONS. WHEREAS, existing development standards and conditions associated with the Residential-1 (R-1), Residential-4 (R-4), Residential-8 (R-8), and Residential-10 (R-10) zoning designations are unclear and inconsistent; and WHEREAS, the City seeks to amend the development standards to provide consistent development regulations; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on October 6, 2010, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 106 of 135 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-020C, Residential-1 DU/Acre (R-1), of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. RESIDENTIAL-1 DU/ACRE (R-1): The Residential-1 Dwelling Unit Per Net Acre Zone (R-1) is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas where limited residential development will not compromise critical areas. It is intended to implement the Low Density Residential Comprehensive Plan designation. The zone provides for suburban estate single family and clustered single family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small scale farming associated with residential use. Density bonus provisions, of up to eighteen (18) dwelling units per acre, are intended to allow assisted living to develop with higher densities within the zone. It is further intended to protect critical areas, provide separation between neighboring jurisdictions through designation of urban separators as adopted by the Countywide Policies, and prohibit the development of incompatible uses that may be detrimental to the residential or natural environment. No minimum density is required. 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 107 of 135 ORDINANCE NO. SECTION II. The Density, Number of Dwelling Units Per Lot, Lot Dimensions and Setback sections of subsection 4-2-110A, Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures), of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as shown on Attachment A. All other portions of the subsection shall remain as currently codified. SECTION III. Subsection 4-2-110B, Development Standards for Residential Development (Detached Accessory Buildings), of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as shown on Attachment B. SECTION IV. Subsections 4-2-110D.7, 4-2-110D.12, 4-2-110D.13, 4-2-110D.21, 4-2- 110D.27 and 4-2-110D.28 of subsection 4-2-110D, Conditions Associated with Development Standards Table for Residential Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: 7. For assisted living developments meeting the conditions of RMC 4-9- 065, Density Bonus Review, there is no maximum number of dwelling units per lot. For pro existing legal lots having less than the minimum lot width required by this Section, the following chart shall apply for determining the required minimum side yard width along a street: 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 108 of 135 ORDINANCE NO. WIDTH OF EXISTING? LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RCZONE 150 foot or loss 25* R1 ZONE Loss than or equal to 50 ft. 10* 50.1 to 51 ft. 44* 51.1 to 52 ft. 42* 52.1 to 53 ft. 13* 53.1 to 54 ft. 14* 54.1 to 55 ft. 15* 55.1 to 56 ft. 16* 56.1 to 57 ft. 47* 57.1 to 58 ft. 48* 58.1 to 59 ft. 49* 59.1 and greater 20* R-4 or R-8 ZONE Loss than or equal to 50 ft. 40* 50.1 to 52 ft. 44* 52.1 to 54 ft. 42* 54.1 to 56 ft. 43* 56.1 to 58 ft. 44* 58.1 or greater 45* 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front - twenty feet (20'). Side yard along a street - fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 109 of 135 ORDINANCE NO. —5+4e—Minimum side yard combined setback - fifteen feet (15'). —Minimum for one yard -five foot (51). 13. For properties vested with a complete plat application prior to November 10, 2004, and for the Mosior II, Maplewood East and Anthone annexation areas, tho following standards apply. Vested plats must be developed within five (5) years of preliminary plat approval and/or annexation. —Maximum density - five (5) dwelling units per net acre. —Minimum lot size - seven thousand two hundred (7,200) sq. ft. —Minimum lot width - sixty feet (60') for interior lots, seventy feet (70') for corner lots. —Minimum lot depth - seventy foot (70'). —Minimum front yard—fifteen foot (15') for tho primary structure, twenty feet (20') for an attached or detached garage. For a unit with alley access garage, tho front yard setback for the primary structure may be reduced to ten feet (10') if all parking is provided in the rear yard of the lot with access from a public right of way or alley. —Minimum side yard along a street—fifteen feet (15'). —Minimum side yard—five foot (51). —Minimum rear yard—twenty five feet (25'). Reserved. 21. Reserved. The Administrator of the Department of Community and Economic Development or designee may modify this provision through the site development plan review process where it is determined that specific portions of 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 110 of 135 ORDINANCE NO. the required on-site perimeter landscaping strip may be developed and maintained as a usable public open space with an opening directly to a public entrance. 27. Minimum density roquiromonts shall not apply to tho renovation or conversion of an existing structure. See RMC 4-3-100, Urban Design Regulations. 28. In order to moot tho variation requirements of RMC 4 2 115, lot dimensions and setbacks are allowed to be decreased and/or increased; provided, that when averaged the applicable lots standards of the zono are mot. For lots created after November 10, 2004. SECTION V. Subsection 4-2-110D, Conditions Associated with Development Standards Table for Residential Zoning Designations, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add two new subsections 4-2-110D.30 and 4-2-110D.31, to read as follows: 30. Minimum density requirements shall not apply to the renovation or conversion of an existing structure. Additionally, in the R-1 zone only, minimum density requirements shall not apply to the subdivision or development of a legal lot one half 04) gross acre or less in size as of March 1,1995. 31. In order to meet the variation requirements of RMC 4-2-115, lot dimensions and setbacks are allowed to be decreased and/or increased, provided that when averaged the applicable lots standards of the zone are met. 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 111 of 135 ORDINANCE NO. SECTION VI. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Approved as to form: Lawrence J: Warren, City Attorney Date of Publication: ORD:1688:ll/23/10:scr Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor 10b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (1st reading 2/14/2011)Page 112 of 135 ORDINANCE NO. 4-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) DENSITY Minimum Net Density (for proposed short plats or subdivisions) 1,15 RC, R-1, and R- 4 R-8 R-10 R-14 RM none 4 dwelling units per net acre. For parcels over 1/2 gross acre: 4 dwelling units per net acre 30 10 dwelling units per net acre 30 For any subdivision, and/or development:30 "U" suffix: 25 dwelling units per net acre. "T" suffix: 14 dwelling units per net acre. "F" suffix: 10 dwelling units per net acre. Maximum Net Density 2,14,15 RC R-1 R-4 R-8 1 dwelling unit per 10 net acres. 1 dwelling unit per 1 net acre, except that in designated Urban Separators density of up to 1 unit per gross acre may be permitted subject to conditions in RMC 4-3-110, Urban Separator Overlay Regulations. Assisted living bonus: A maximum density of 18 units/acre, 1.5 times the maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. 4 dwelling units per 1 net acre. 43 8 dwelling units per 1 net acre. R-10 10 dwelling units per net acre. Assisted living bonus: A maximum density of 18 units/acre, for assisted living, 1.5 timos the maximum density ATTACHMENT A - Page 1 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 3 o f 1 3 5 ORDINANCE NO. R-14 RM may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. 14 dwelling units per net acre, except that density of up to 18 dwelling units per acre may be permitted subject to conditions in RMC 4-9-065, Density Bonus Review. Assisted living bonus: A maximum density of 18 units/acre, for assisted living, 1.5 times tho maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. Affordable housing bonus: Up to 30 dwelling units per net acre may be permitted on parcels a minimum of two acres in size if 50% or more of the proposed dwelling units are affordable to low income households with incomes at or below 50% of the area median income. U" suffix: 75 dwelling units per net acre.26 T" suffix: 35 dwelling units per net acre. F" suffix: 20 dwelling units per net acre.— Assisted living bonus: 1.5 times the maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. "U" ll-rll llrll NUMBER OF DWELLING UNITS PER LOT Maximum Number per legal lot2 RC, R-1, R-4, and R-8 R-10 and R-14 RM 1 dwelling with 1 accessory dwelling unit.2 Detached single family dwellings: 1 dwelling with 1 accessory dwelling unit. Attached dwellings: n/a n/a .31 LOT DIMENSIONS" (for proposed plats and line adjustments) Minimum Lot Size RC 28 R-1 28 10 acres 1 acre, except 10,000 sq. ft. for cluster development. ATTACHMENT A- Page 2 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 4 o f 1 3 5 ORDINANCE NO. R-4 28 R-8 28 R-10 and R- 1429 RM 11T43 8,000 sq. ft. ' , except for small lot clusters development , where R-8 standards shall apply 4,500 sq. ft. for parcels greater than 1 acre. 5,000 sq. ft. for parcels 1 acre or less. No minimum lot size. However, small lot developments of greater than 9 single family dwellings shall incorporate a variety of home sizes, lot sizes, and unit clusters. n/a Minimum Lot Width RC R-1 R-4 R-8 R-10 and R-14 RM 150 ft. for interior lots. 175 ft. for corner lots. 75 ft. for interior lots. 85 ft. for corner lots. Except for clustere4 development within dosignatod Urban Separators, where R-4 standards shall apply for both interior and corner lots. 70 ft. for interior lots.43 80 ft. for corner lots.llrta Except for small lot clusters development10, where R-8 standards shall apply. 50 ft. for interior lots. 60 ft. for corner lots. No minimum lot width. "T" suffix: 14 ft. All other suffixes: 50 ft. Minimum Lot Depth RC R-1 200 ft. 85 ft., except for cluster development, where R-4 standards shall apply. ATTACHMENT A - Page 3 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 5 o f 1 3 5 ORDINANCE NO. R-4 R-8 llj4» 80 ft. ' , except for small lot clusters development , where R-8 standards shall apply 65 ft. R-10 and R-14 No minimum lot depth. RM 29 65 ft. Lot Configuration R-8, R-10, and R-14 See RMC 4-2-115 SETBACKS 4,31 Guidelines for R-10 and R-14: Building setbacks shall ensure separation of homes and private spaces while allowing high density. Visual functional continuity shall be maintained between housing units through similar setbacks and/or landscape buffers. Structures and parking areas may encroach into required setbacks if it can be shown that such encroachment allows significant trees or tree clusters to be retained. Encroachment shall be the minimum encroachment necessary to protect specified trees. In no case shall the yard be reduced to 50% or more of the required setback. Minimum Front Yard RC and R-1 30 ft. R-4 30 ft. ' except for small lot clusters development , where R-8 standards shall apply. Unit with Alley Access Garage: The front yard setback of the primary structure may be reduced to 20 ft. if al parking is provided in the rear yard of the lot with access from a public right-of-way or alley. R-8 15 ft. Unit with Alley Access Garage: The front yard setback of the primary structure may be reduced to 10 ft. if al parking is provided in the rear yard of the lot with access from a public right-of-way or alley. R-10 and R-14 On a Residential Access Street: 8 ft. to building, 5 ft. to porch, or 7 ft. to a stoop. There shall be an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. On a Limited Residential Access Street: 0 ft. to building, 5 ft. to porch, or 7 ft. to a stoop. There shall be an 18 ft. ATTACHMENT A - Page 4 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 6 o f 1 3 5 ORDINANCE NO. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. On a Pedestrian Easement or Common Open Space: 4 ft. to the building, or 1 ft. to porch or stoop. RM "U" suffix: 5 ft.(18'19> "T" suffix: 5 ft. "F" suffix: 20 ft. Minimum Side Yard RC 25 ft. R-1 15 ft. R-4 12,13 • 15 combinod ft. ' is allowed with a minimum of 5 ft. for any sido yard. 5 ft. is allowed in small lot clusters. 5 ft R-8 5 ft. R-10 and R-14 Detached Units: 4 ft., except when located on a corner lot, then 8 ft. with an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. Attached Units: 4 ft. for the unattached side(s) of the structure. 0 ft. for the attached side(s).23 RM "T" suffix-Attached Units: A minimum of 3 ft. for the unattached side(s) of the structure. Oft. for the attached side(s). Standard Minimum Setbacks for all other suffixes: Minimum setbacks for side yards:24 Lot width: less than or equal to 50 ft. - Yard setback: 5 ft. Lot width: 50.1 to 60 ft. - Yard setback: 6 ft. Lot width: 60.1 to 70 ft. — Yard setback: 7 ft. Lot width: 70.1 to 80 ft. - Yard setback: 8 ft. Lot width: 80.1 to 90 ft. - Yard setback: 9 ft. Lot width: 90.1 to 100 ft. - Yard setback: 10 ft. Lot width: 100.1 to 110 ft. - Yard setback: 11 ft. Lot width: 110.1+ ft. - Yard setback: 12 ft. Additional setbacks for structures greater than 30 ft. in elevation: The entire structure shall be set back an additional 1 ft. for each 10 ft. in excess of 30 ft. to a maximum cumulative setback of 20 ft. ATTACHMENT A - Page 5 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 7 o f 1 3 5 ORDINANCE NO. Additional setbacks for lots abutting Single Family Residential Zones RC, R-1, R-4, R-8, and R-10: 25 ft. along the abutting side(s) of the property. Side Yard Along a Street RC R-1 R-4 R-8 R-10 and R-14 RM 30 ft. 20 ft. 12r42 20 ft. ' , except 15 ft. is allowod in small lot clusters, -for small lot cluster development , where R-8 standards shall apply. 15 ft. for the primary structure n/a "U" and "J" suffixes and on all previously existing platted lots which are 50 ft. or less in width: 10 ft. All other suffixes with lots over 50 ft. in width: 20 ft. Minimum Rear Yard RC R-1 R-4 R-8 R-10 and R-14 RM 35 ft. 25 ft. 25 ft. , except 20 ft. is allowed in small lot clustors.^for small lot cluster development10, where R-8 standards shall apply. 20 ft. 12 ft., except when rear yard is abutting a common open space, then 4 ft. "U" suffix: 5 ft.,18'19 unless lot abuts an RC, R-1, R-4, R-8, or R-10 zone, then 25 ft. "T" suffix: 5 ft. "F" suffix: 15 ft. Minimum Freeway Frontage Setback ATTACHMENT A - Page 6 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 8 o f 1 3 5 ORDINANCE NO. RC, R-1, R-4, R- 8, R-10, and R- 14 10 ft. landscaped setback from the street property line. Clear Vision Area RC, R-1, R-4, R- 8, R-10, and R- 14 In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030, Definitions C. Reciprocal Use Easements RC, R-1, R-4 and R-8 R-10, and R-14 RM n/a In order to allow for opportunities that maximize space, reciprocal use easements are allowed. If used, all of the following are required: 1. Reciprocal side and/or rear yard use easements shall be delineated on the site plan. 2. Residential walls facing a reciprocal side yard shall not have any windows within 5 feet of ground level or doors entering into the yard space of the abutting home. 3. The design of use easements should not negatively affect the building foundations. 4. The layout of each home should be such that privacy is maintained between abutting houses. n/a ATTACHMENT A - Page 7 of 7 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 1 9 o f 1 3 5 ORDINANCE NO. 4-2-llOB DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS)55 MAXIMUM NUMBER AND SIZE General RC, R-1, R-4, R- 8, R-10, R-14 and RM Accessory structures shall only be allowed on lots in conjunction with a primary use. The total floor area of all accessory buildings shall not be greater than the floor area of the primary residential uses. The lot coverage of the primary residential structure along with all accessory buildings shall not exceed the maximum lot coverage of the Zoning District.17 Accessory Dwelling Unit RC, R-1, R-4, R-8, R-10 and R-14 RM 1 unit per lot of record - 800 sq. ft 16 n/a Other Types of Accessory Structures Allowed in Addition to Accessory Dwelling Unit RC and R-1 R-4 and R-8 2 structures - max. 720 sq. ft. per structure, or 1 structure - max. 1,000 sq. ft. In addition, 1 barn or stable - max. 2,000 sq. ft.; provided the lot is 5 acres or more. 2 structures - max. 720 sq. ft. per structure, or 1 structure - max. 1,000 sq. ft. R-10 and R-14 1 structure per residential unit - max. 400 sq. ft.; provided, that they are architecturally consistent with the principal structure. Except, greenhouses, sheds, or other similar accessory structures - max. 150 sq. ft. and no tailor than 12 ft. HEIGHT Maximum Building Height except for uses having a "Public Suffix" (P) designation 8,9 ATTACHMENT B - Page 1 of 5 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 2 0 o f 1 3 5 ORDINANCE NO. RC Accessory building- 15 ft. R-1, R-4 and R-8 Accessory building - 15 ft. Accessory dwelling units - 30 ft. Animal husbandry or agricultural related structures - 30 ft. R-10 and R-14 Accessory building- 15 ft. Accessory dwelling unit - 30 ft. RM 25 ft., except in the RM-U District where the maximum height shall be determined through the site plan review process. LOCATION General RC, R-1, R-4, R-8 and R-10 n/a R-14 Garages and carports shall only have access from the alley when lots abut an alley. When lots do not abut an alley, garages and carports shall be located in the rear yard or side yard and set back from the front of the primary structure by a minimum of 6 feet. RM "U" Suffix: Garages and carports shall only have access from the alley when lots abut an alley. When lots do not abut an alley, garages and carports shall be located in the rear yard or side yard. MINIMUM SETBACKS General RC, R-1, R-4, R- 8, R-10, R-14 and RM 6 ft. from any residential structure. If sited closer than 6 ft., the structure will be considered to be attached. Side Yards for Accessory Buildings ATTACHMENT B - Page 2 of 5 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 2 1 o f 1 3 5 ORDINANCE NO. RC and R-1 R-4, R-8, R-10, R-14 and RM 5 ft. unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. 3 ft. unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Side Yards for Accessory Dwelling Units RC R-1 R-4 R-8 R-10 and R-14 RM 25 ft., except when along a street then 30 ft.' 25 ft., except when along a street then 20 ft.5 15 combined ft. ' is allowod with a minimum of 5 ft. for any sido yard, oxcopt when along a stroot thon 20 ft/^7 43 For small lot clusters 5 ft. is allowod except when along a stroot thon 20 5_ft. 5 ft.L except when along a street then 15 ft.7" or when part of an attached garage that accesses from the side yard along a street then 20 ft. 4 ft., except when located on a corner lot then, 8 ft. with an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. n/a Rear Yards for Accessory Buildings RC R-1, R-4, R-8, R- 10, R-14 and RM 5 ft. 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. rear yard is allowed. Except for garages, in order to ensure that there is adequate vehicular turning radius, garages on alleys shall be located as follows: 1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2.16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. Rear Yards for Accessory Dwelling Units RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. ATTACHMENT B - Page 3 of 5 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 2 2 o f 1 3 5 ORDINANCE NO. R-1 and R-4 R-8 R-10 and R-14 RM Determined through administrative review, to be no less than 10 ft. and no greater than 25 ft. Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. n/a Front Yard/Side Yard Along Streets RC, R-1, R-4, R- 8, R-10,R-14 and RM Accessory structures are not permitted within required front yards or side yards along streets. Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R-1, R-4, R- 8, R-10, and R- 14 RM Agricultural related structures-50 ft. from any property line. Stables and other animal husbandry related structures, see RMC 4-4-010. n/a Clear Vision Area RC, R-1, R-4, R- 8, R-10, R-14 and RM In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. PARKING General RC, R-1, R-4 and R-8 Garages and carports must provide a minimum of 24 ft. of back-out room, either on site or counting improved alley surface or other improved right-of-way surface. See RMC 4-4-080. ATTACHMENT B - Page 4 of 5 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 2 3 o f 1 3 5 ORDINANCE NO. R-10 and R-14 Garages shall be set back a minimum of 10 ft. from the front of the building facade or 7 ft. from the back of a porch or stoop. Garages shall have a minimum 18-foot driveway length from the face of the garage to the back of the sidewalk or access lane, unless accessed by an alleyway. CRITICAL AREAS General RC, R-1, R-4, R- 8, R-10, and R- 14 See RMC 4-3-050 and 4-3-090 ATTACHMENT B - Page 5 of 5 1 0 b . ‐ E v a l u a t i o n o f R e s i d e n t i a l D e v e l o p m e n t S t a n d a r d s ‐ T i t l e I V D o c k e t # D ‐ 5 2 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 2 4 o f 1 3 5 /5WW *-N'*0U CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, SUBSECTION 4-2-115F.2, OPEN SPACE, OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, AND SUBSECTION 4-3-100E.4, RECREATION AREAS AND COMMON OPEN SPACE, OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW SECTION 4-1-240, COMMON OPEN SPACE SUBSTITUTIONS, AND AMENDING CURRENT REGULATIONS BY ADDING PROVISIONS PERMITTING TRAIL AND/OR PARK DEDICATIONS OR A FEE-IN-LIEU FOR COMMON OPEN SPACE STANDARDS REQUIRED IN THE R-10 AND R-14 ZONE, DESIGN DISTRICTS A, C, AND D, AND KING COUNTY VESTED SUBDIVISIONS. WHEREAS, the development standards for the R-10 and the R-14 zoning designations require common open space or a park if new development exceeds four dwelling units; and WHEREAS, Design Districts A, C, and D require common open space for any new multi- family residential development that exceeds 10 dwelling units and/or any new non-residential development that exceeds 30,000 square feet; and WHEREAS, King County code requires tot lots to be developed as a part of the subdivision process; and WHEREAS, the purpose of common open space is to provide green space or recreation areas in new developments; and WHEREAS, the substitution of privately maintained open space for publicly maintained open space would provide green space and/or recreation opportunities for development residents to the same degree as common open space; and 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 125 of 135 ORDINANCE NO. WHEREAS, the City seeks to amend Title IV to allow such substitutions to occur when public open space would provide equal or better value to a new development as common open space would provide; and WHEREAS, this matter was referred to the Planning Commission for investigation, study, and the matter having been considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on October 6, 2010, having considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new section, 4-1-240, entitled "Common Open Space Substitutions", to read as follows: 4-1-240 COMMON OPEN SPACE SUBSTITUTIONS: A. APPLICABILITY: This section is applicable to any development where common open space or a park is required by RMC 4-2-115, Residential Design and Open Space Standards, or RMC 4-3-100, Urban Design Regulations, or King County vested projects where tot lots or similar spaces are required. 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 126 of 135 ORDINANCE NO. JL PUBLIC TRAIL OR PARK IMPROVEMENTS OR FEE-IN-LIEU FOR COMMON OPEN SPACE: Improvements to public trails, public parks, or payment of a fee may occur to reduce common open space requirements, if approval for such substitution is accepted by the Community Services Department and granted by the Administrator or designee. 1. Public Trail Improvement In Lieu of Common Open Space: The requirements for open space may be reduced where public trail improvements are being provided. On-site public trail improvements may occur as a substitute to common open space requirements on a square footage basis provided the trail has been identified in the Renton Trails and Bicycle Master Plan or The Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. Trails shall be constructed by the developer to standards specified by the Community Services Department and dedicated to and accepted by the City of Renton as a public trail prior to final plat recording or short plat recording, or building permit final occupancy for non-subdivision projects. 2. Public Park Improvement In Lieu of Common Open Space: The requirements for open space mav be reduced where public park improvements are being provided. On-site public park improvements may occur as a substitution to common open space requirements on a square footage basis provided the park has been identified in The Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. The park shall be 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 127 of 135 ORDINANCE NO. constructed by the developer to standards specified by the Community Services Department and dedicated to and accepted by the City of Renton as a public park prior to final plat recording or short plat recording, or building permit final occupancy for non-subdivision projects. 3. Fee-ln-Lieu of Common Open Space: A fee-in-lieu of may occur as a substitute to common open space requirements provided that an off-site public park is within one quarter (1/4) mile of the site proposed for development, safe and easy pedestrian access is provided to such public park, and the public park shall be an integral part of the design approach of the development. a. Fee Calculation: The fee shall be the equivalent of the monetary value of the required improvements for common open space plus the monetary value of the land area required to be placed in common open space. The project applicant shall provide the City with an estimate of the improvement value and an appraisal for the value of the land for the identified intended use with utilities and other non-structural improvements. The total monetary value of the fee-in- lieu shall be approved by the Community Services Department. b. The fee shall be paid prior to final plat recording or final short plat recording or building permit issuance for non-subdivision projects. SECTION II. Subsection 4-2-115F.2, Open Space, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the section entitled "Public Trail Improvements Option in Lieu of Common Open Space" is to be entitled 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 128 of 135 ORDINANCE NO. "Common Open Space or Park Substitutions", and as shown below. All other portions of the subsection shall remain as currently codified. Open space substitutions: Public Trail Improvements Option in Lieu of Common Open Common Open Space or Park Substitutions: Space: Tho requirements for open space may bo reduced whoro public park or trail improvements aro being provided pursuant to this subsection. R-10 and R-14 See RMC 4-1-240. On-site: On site public trail improvomonts may occur as a substitute to common opon space requirements on a square footago basis provided tho trail can bo connoctod to a trail that is within tho Ronton Trails and Bicycle Master Plan or an adopted community plan. Trails shall bo constructed to standards specified by tho Ronton Parks and Rocroation Department and dedicated to and accepted by tho City of Ronton as a public trail. SECTION III. Subsection 4-3-100E.4, Recreation Areas and Common Open Space, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the standards in the section for District A, C and D are as shown below. All other portions of the subsection shall remain as currently codified. Districts A,C, and D &etfr All of the following are required: 1. All mixed use residential and attached housing developments often (10) or more dwelling units shall provide common opens space and/or recreation areas. a. At minimum fifty (50) square feet per unit shall be provided. b. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator of the Department of Community and Economic Development or designee. c. Open space or recreation areas shall be located to provide sun and light exposure to the area and located so that they are aggregated to provide usable area(s) for residents. d. At least one of the following shall be provided in each open space and/or recreation area (the Administrator of the Department of Community and Economic Development or designee may require more than one of the following elements for developments having more than one hundred (100) units). i. Courtyards, plazas, pea patches, or multi-purpose open spaces; 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 129 of 135 ORDINANCE NO. ii. Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; iii. Pedestrian corridors dedicated to passive recreation and separate from the public street system; iv. Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or v. Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. e. The following shall not be counted toward the common open space or recreation area requirement: i. Required landscaping, driveways, parking, or other vehicular use areas^ ii. Required yard setback areas. Except for areas that are developed as private or semi- private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (illustration below)^. r; ^ \^ r •!' i! 1 /•'•' — fx*r ^T'^.'-^S^ ^ •-•^ iii. Private decks, balconies, and private ground floor open space; and. iv. Other required landscaping and sensitive area buffers without common access links, such as pedestrian trails. 2. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian- oriented space. 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 130 of 135 ORDINANCE NO. a. The pedestrian-oriented space shall be provided according to the following formula: 1% of the site area + 1% of the gross building area, at minimum. b. The pedestrian-oriented space shall include all of the following: i. Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; and ii. Paved walking surfaces of either concrete or approved unit paving; and iii. On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground; and iv. At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. c. The following areas shall not count as pedestrian-oriented space: i. The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian-oriented space if the Administrator of the Department of Community and Economic Development or designee determines such space meets the definition of pedestrian-oriented space. ii. Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. d. Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian-oriented space. 3- Open Space Substitutions: see RMC 4-1-240. SECTION IV. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ .,2011. Denis Law, Mayor 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 131 of 135 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1689:ll/29/10:scr 10c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (1st reading 2/14/2011)Page 132 of 135 I^AMd^ ^°" CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON (GENERALLY LOCATED SOUTH OF SOUTH 134™ STREET, EAST OF OAKSDALE AVENUE SOUTHWEST, AND WEST OF HARDIE AVENUE SOUTHWEST) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) AND R-10 (RESIDENTIAL 10 DU/AC; TEN DWELLING UNITS PER ACRE). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the City having held a public hearing in the matter of zoning on October 6, 2010, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the Planning Commission having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-8 and R-10. The ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: 10d. ‐ Cedar River Pipeline Zoning ‐ Title IV Docket #D‐56 (1st reading 2/14/2011)Page 133 of 135 ORDINANCE NO. See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [The subject property, approximately 4.8 acres, is generally located immediately south of South 134th Street, east of Oaksdale Avenue Southwest, and west of Hardie Avenue Southwest.] SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of _ _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD:1686:ll/19/10:scr 10d. ‐ Cedar River Pipeline Zoning ‐ Title IV Docket #D‐56 (1st reading 2/14/2011)Page 134 of 135 August 19, 2010 250 500 ZDFeet 1:5,000 e Cedar River Pipeline Prezone Community & Economic Development Alex Piclscii, AdmiamnHor Adriana A. Johnson. Planning Tech IT City (if ,,;•- Prezone Residential- 10 DU/AC Residential - 8 DU/AC j City Limits Parcels 1 0 d . ‐ C e d a r R i v e r P i p e l i n e Z o n i n g ‐ T i t l e I V D o c k e t # D ‐ 5 6 ( 1 s t r e a d i n g 2 / 1 4 / 2 0 1 1 ) P a g e 1 3 5 o f 1 3 5