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Home My WebLink AboutC_Comment_Response_Email_Long_220211_v51 Clark Close From:Clark Close Sent:Friday, February 11, 2022 1:33 PM To:Geary Long Subject:RE: City of Renton LUA Acceptance: Kennydale Gateway, LUA22-000011 Geary, Thank you for your additional comments. Your comments will be added to the public record for consideration by the reviewing official. Yes, a warning of violation could be issued with cause. Regards, CLARK CLOSE, Senior Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwa.gov From: Geary Long <presidentbarbeemillhoa@outlook.com> Sent: Thursday, February 10, 2022 3:07 PM To: Clark Close <CClose@Rentonwa.gov> Subject: Re: City of Renton LUA Acceptance: Kennydale Gateway, LUA22-000011 Hi Clark Your assumption about non Barbee Mill residents trespassing onto the NGPA areas is correct. We have worked with Renton Police Department in the past and they have informed us that there is little they can do about the trespassing. I have a follow up meeting next week to verify our understanding, and assuming this is correct, we do not have a good way to enforce the no-trespassing onto the NGPA areas. I fear we are in a position where these grounds will be trampled due to the increased number of residents in close proximity. Are there any repercussions to Barbee Mill, from the City, should this be the case? It needs to be recognized that this is a situation beyond our control. Regards Geary CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. 2 On Feb 8, 2022, at 3:27 PM, Clark Close <CClose@Rentonwa.gov> wrote: Geary, I have added your comments to the project file. I appreciate you providing a copy of the third amended declaration of covenants, conditions, and restrictions for Barbee Mill. Thank you for letting me know that you’ve been working with Angelea W. on updating the NGPA trailhead signs with the Barbee Mill common areas. Perhaps additional deterrents can be made available to the Barbee Mill HOA that would aid in people trespassing onto the NGPA areas. Please continue to work with Angelea to discuss this situation in more detail and uncover potential options to keep folks from altering/disturbing the existing vegetation within the NGPA tracts. According to the third amended declaration, the common areas are owned by all of the lot owners in Barbee Mill in equal undivided shares and the organization has the right to enforce all covenants, conditions, restrictions, pursuant to the provisions of the declaration. You’ve identified that people (presumably not those associated with ownership rights or guests of owners) are trespassing onto the NGPA areas owned by the lot owners in Barbee Mill. If you would like to report a crime, please call the Renton Police Department at 425-430-7500. The Renton Police Department is committed to the safety and well-being of residents, businesses, and visitors to the City of Renton. With regards to the proposed Kennydale Gateway project, it is anticipated that the residents, owners, and employees of the development will have access to the May Creek Trail. The City manages over 30 miles of regional and local trails and bicycle facilities and the City currently owns 23 parcels along May Creek. All City owned trails are open to the public. You may contact Parks and Recreation at 425-430- 6600 or parksandrec@rentonwa.gov for more information about City parks. To report non-emergencies, please call 425-235-2121. Thanks, 3 CLARK CLOSE, Senior Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwa.gov From: Geary Long <presidentbarbeemillhoa@outlook.com> Sent: Monday, February 7, 2022 7:21 PM To: Clark Close <CClose@Rentonwa.gov> Subject: Re: City of Renton LUA Acceptance: Kennydale Gateway, LUA22-000011 Hello Clark I would like to offer the attachment as comments from Barbee Mill for inclusion into the record. Regarding the NGPA/Open Space Tracts I have attached the Covenants per your request. I concur with your citing the current code which is the topic of concern: responsibility of the HOA to maintain and protective NGPA tracts. This is exactly the issue of concern due to the anticipated increase in traffic. Working with Angelea Weihs, we updated the sign at the trail-head with stronger wording and placed a second sign at the end of the trail - the lake viewing point. I have attached photos of these two signs for reference. <image001.jpg> <image002.jpg> Even though we have this signage we still have people trespassing onto the NGPA areas. I have attached the following photo which exhibits the type of activity that happens. Even though we have signage, and a chip trail, people wander off and will picnic, strolling around on the NGPA grounds. <image003.jpg> Clark, we are really struggling as to what can be done to keep people off the NGPA property, keep them from altering/disturbing the vegetation. Our concern is that we have these transgression now. With a large apartment dwelling adjacent to the May Creek Greenbelt, this will only become worse, I suspect substantially worse. I do not see how our HOA can maintain these grounds, ensuring no alteration or disturbance, when we have no way to keep people on the soft trail and off the surrounding grounds. Please find a cop of our Covenants as requested. CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. 4 I understand the COVID restrictions preventing a face to face meeting and would ask if you could provide a date/time for a zoom call, we would welcome the opportunity to discuss this situation in more detail. Regards Geary Long On Feb 7, 2022, at 10:09 AM, Clark Close <CClose@Rentonwa.gov> wrote: Geary, Thanks for inviting me to visit the site to better understand your concerns. I’ve been out to the site and walked the trail to the May Creek Delta a few years back. Due to the current situation with COVID-19, staff is limited to virtual meetings. However, your concerns/comments should really be provided in writing so that they can be included in the record and considered by the Environmental Review Committee and the Hearing Examiner. With regards to the NGPA / Open Space Tracts (Tract A and Tract B) within the Barbee Mill subdivision, I’m wondering if you could provide a copy of the recorded permanent and irrevocable covenant running with the land or deed restriction on the property title of the critical area management tracts that were created as part of the plat. Based on current code, when native growth protection areas are created it is the responsibility of the homeowners’ association or abutting lot owners for maintaining and protecting the native growth protection easements or tracts. Maintenance includes ensuring that no alterations occur within the tract and that all vegetation remains undisturbed unless the express written authorization of the city has been received. Protection of the natural area generally starts with signage. For example, this identification includes a permanent wood or metal signs on treated or metal posts with suggested wording as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” Are you aware of any NGPA signs in these tracts? Tracts A and B were also recorded as open space tracts. Open space is defined as any physical area that provides visual relief from the built environment for environmental, scenic or recreational purposes. Open space located in the shoreline is defined as a land area allowing view, use or passage which is almost entirely unobstructed by buildings, paved areas, or other manmade structures. Understanding the covenant or deed restrictions should provide more insight on how the created open space and open space trail was intended to be utilized. Again, I am happy to meet with you or members of your community individually to address potential project impacts on the nearby community to see what mitigation measures should be considered regarding the proposed nearby project or what violations are currently occurring that could be addressed by the city’s code compliance division. 5 Regards, CLARK CLOSE, Senior Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwa.gov From: Geary Long <presidentbarbeemillhoa@outlook.com> Sent: Wednesday, February 2, 2022 9:42 AM To: Clark Close <CClose@Rentonwa.gov> Subject: Re: City of Renton LUA Acceptance: Kennydale Gateway, LUA22-000011 Hello Clark The schedule for our homeowners is fairly flexible and we should be able work within your schedule - most of us are retired. If possible, it would be appreciated if you could make the meeting a site visit to better understand our concerns. I have included a couple of photos to help set the stage for our discussion. People tend to park along the N40th Place bridge and walk the trail you can see in this photo. Unfortunately, during the summer, folks will wander off-trail and onto the NGPA grounds for picnicking, swimming and boating into May Creek and Lake Washington. The NGPA area is also becoming a bit of a dog-run as well. With the new development, I would expect to see increased foot traffic along this trail and the NGPA area to be severely damaged. In the past, when things get way out of hand (young people drinking and smoking) we have called the City Police - however - this is not the type of issue that warrants their priority resulting in on-going damage to the NGPA and trespassing onto Barbee Mill property. Please let us know your availability, wether it is a site visit or a zoom call, and we will support the time from our end. THANK YOU again for considering the meeting and we look forward to hearing from you. Best regards Geary Long <image001.jpg> <image002.jpg> CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. 6 On Jan 26, 2022, at 11:53 AM, Clark Close <CClose@Rentonwa.gov> wrote: Geary, Thank you for your initial comments related to Kennydale Gateway (LUA22-000011) wherein you’ve indicated that you would like to have a meeting to discuss impacts to the Barbee Mill community and you have concerns about increased foot traffic along the May Creek Trail system into Barbee Mill. Your initial comments will be added to the public record for consideration by the reviewing official and you have been added as a party of record. Please note that the City of Renton has adopted rules and regulations which are designed to ensure safe and attractive neighborhoods. The City's Code Compliance and Enforcement Program are intended to assist in this growth process by providing enforcement of these rules and regulations in a responsible, fair, courteous, and impartial manner. Code complaints are vital to ensuring our communities are clean and safe. You may express these concerns to the City of Renton via Renton Responds by leaving a message on the 24-hour Reporting Hotline 425- 430-7373. Thank you for your interest in this project. In advance of the public hearing, I am happy to meet with you or members of your community individually to address potential project impacts on the nearby community. Please email me some available times to get started. In the meantime, staff is in the process of rescheduling the public hearing to be a night meeting. Additional project information is available by clicking here. Regards, CLARK CLOSE, Senior Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwa.gov p.s. Thanks for the information on the new Barbee Mill community property management company. From: Geary Long <presidentbarbeemillhoa@outlook.com> Sent: Monday, January 24, 2022 9:51 AM To: Clark Close <CClose@Rentonwa.gov> Cc: Dawn Lower <dawn.lower@vismanagement.com> Subject: Fwd: City of Renton LUA Acceptance: Kennydale Gateway, LUA22-000011 CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. 7 Hello Clark Thank you for making the LUA Acceptance available to the Barbee Mill community. First, I would ask that you update the records of our property management company to Dawn Lower with VIS Group. We are no longer with Morris Management / Cole Allen. Second, I would like to request a meeting with you to discuss impacts to our community. We understand the project however we believe there are collateral impacts that are not properly addressed. Specifically, we are concerned about increased foot traffic along the May Creek Trail system and into the Barbee Mill community. Per our platt record, Barbee Mill Community Organization (BMCO) owns this property (within Barbee Mill) and is responsible for its maintenance, including the May Creek trail. This property is designated Native Growth Protection Area (NGPA) and departures off the trail is considered trespassing and a violation of the NGPA. To date we have had numerous incidents of people going off trail, and even picknicing on the these grounds. Homeowners have reported these events to City Police with marginal success. My reason for contacting you is that I believe we have a uniques situation that will significantly degrade with this new project. Our community would be most interested in discussing solutions that will protect the NGPA areas and offer security to homeowners as the trail passes adjacent to many of our homeowners. Solutions will likely involve a combination of City action as well as developer. Please let me know your availability to meet with our community for a discussion. Thank you for your consideration of this request. Regards Geary Long BMCO President Begin forwarded message: From: Clark Close <CClose@Rentonwa.gov> Subject: City of Renton LUA Acceptance: Kennydale Gateway, LUA22-000011 Date: January 13, 2022 at 3:42:45 PM PST To: "callen@morrismanagement.com" <callen@morrismanagement.com>, 8 "presidentbarbeemillhoa@outlook.com" <presidentbarbeemillhoa@outlook.com> Hello, The land use application for the following project was accepted today and is now in review: Kennydale Gateway, LUA22-000011, SA-M, SA-H, SSDP, ECF, MOD. Please find the attached Notice of Application. Additional project information can be found by clicking here. The notice of application has been sent to the property owners within 300 feet of the project site, which included several addresses in the Barbee Mill community. This email is intended to reach more Barbee Mill residents. Regards, CLARK CLOSE, Senior Planner City of Renton | CED | Planning Division 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections (425) 430-7289 | cclose@rentonwag.gov