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AGENDA
City Council Regular Meeting
7:00 PM - Monday, June 5, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Gary F. Kohlwes Day: June 5, 2017
4. PUBLIC MEETING
a) Eric Ressler II Annexation
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
7. 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 May 22, 2017.
Council Concur
b) AB - 1901 Mayor Law appoints Laura Bloch to the City Center Community Plan Advisory
Board to fill a term expiring on 4/30/2018.
Refer to Planning & Development Committee
c) AB - 1915 City Clerk requests approval to initiate surplus property procedures for the
Former Highlands Library site, located at 2902 NE 12th St., and set a public hearing on
6/19/2017.
Refer to Committee of the Whole; Set Public Hearing on 6/19/2017
d) AB - 1921 City Clerk reports the results from the from the May 10, 2017 bid opening for
CAG-17-088 - Sunset Neighborhood Park, Phase 1 project; and submits the staff
recommendation to accept the lowest responsive bid from Road Construction Northwest,
Inc. in the amount of $2,351,010.48.
Refer to Finance Committee
e) AB - 1922 Administrative Services Department recommends approving an ordinance
allowing for a refinancing plan that will issue approximately $6.12 million of new bonds
together with $280,000 in issue premium to replace the existing $6.19 million of water
and sewer revenue bonds.
Refer to Finance Committee
f) AB - 1920 Community & Economic Development Department recommends approval of
the land use applications (Master Site Plan, Binding Site Plan, and Shoreline Permit),
subject to the condition in the Hearing Examiner's decision and approve a resolution
authorizing the Mayor and City Clerk to execute a development agreement between the
City of Renton and Quendall Terminals.
Refer to Committee of the Whole
g) AB - 1905 Community Services Department requests approval of a contract with PND
Engineers in the amount of $204,000 to repair structurally deficient park facilities at Gene
Coulon Park.
Refer to Finance Committee
h) AB - 1919 Transportation Systems Division recommends approval of a resolution to adopt
the annual updates to the 2018-2023 Six-Year Transportation Improvement Program.
Refer to Transportation (Aviation) Committee; Set Public Hearing on 6/26/2017
8. 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) Planning & Development Committee: City Center Community Plan; Docket #12*;
Shopping Carts*
b) Community Services Committee: Municipal Arts Commission Appointments - Samek &
Gow; Library Advisory Board Appointment - Greene
c) Utilities Committee: Langston Street Vacation Compensation Determination (VAC-16-
002)*; MCIMETRO Access Transmission Services Corp Franchise Agreement*; Varma/Ram
Latecomer Agreement
9. LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5837: Pet Daycare Docket Ordinance (D-128)
(Approved via 2/27/2017 Committee Report)
b) Ordinance No. 5838: Municipal Arts Commission Docket Ordinance (D-129)
(Approved via 2/27/2017 Committee Report)
c) Ordinance No. 5839: Light Intensity Commercial Docket Ordinance (D-130)
(Approved via 2/27/2017 Committee Report)
d) Ordinance No. 5840: Tree Retention and Land Clearing Docket Ordinance (D-131)
(Approved via 2/27/2017 Committee Report)
e) Ordinance No. 5841: Administrative Code Interpretations Docket Ordinance (D-133)
(Approved via 2/27/2017 Committee Report)
f) Ordinance No. 5842: Clustering Provisions Docket Ordinance (D-134) (See item 8.a.)
g) Ordinance No. 5843: Shopping Carts (See Item 8.a.)
h) Ordinance No. 5844: Vacating a Portion of right-of-way on SW Langston Rd.
(See item 8.c.)
i) Ordinance No. 5845: MCIMETRO Access Transmission Services Corp Franchise Agreement
(See item 8.c.)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Council Chambers
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
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
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AG
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10% Notice of Intent
Public Meeting
June 5, 2017
Proposed Annexation:
Eric Ressler II
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Annexation Process
Annexation Effective 30
Days After Publication of
2nd Reading
City Council Adopts
Ordinance
Boundary Review Board
Approval
Boundary Review Board
45 Day Review
Notice of Intent to
Boundary Review Board
Council Holds Public
Hearing
Petition Certified by
King County
Petitioner Submits
60% Petition
Council Authorizes
60% Petition
Circulation
Council Meets with
Petitioner
Petitioner Submits
10% Petition
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•State law requires a public meeting with
proponents to accept, reject, or geographically
modify the proposed annexation
•If Council accepts proposed annexation, Council
also authorizes circulation a 60% Direct Petition
to Annex
•Consider proponents request to waive the
annexation fee
Purpose
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Location
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•Location: At the eastern portion of City limits; in
the East Plateau Community Planning Area
•Size: 4.3 acres
•Uses: Single-family
•Boundaries:
•North –Parcel line
•East –Parcel line, 164th Ave SE (if extended)
•South –Parcel line, SE 134th St (if extended)
•West –Parcel line, 162nd Avenue SE (if extended)
Background
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Existing Conditions
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Topography
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Streams & Wetlands
•Streams: None in
vicinity
•Wetlands:
•800 feet to the
north
•500 feet to the
south
•1,100 feet to the
southeast
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•Fire
•Renton Fire Authority
•(No change)
•Utilities
•Water District #90
•(No change)
•Renton Sewer Utility
•(No change)
•Schools
•Issaquah School District
•(No change)
Public Services
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•Urban
Residential
Medium
•4 –12 Dwelling
Units per Acre
•R-4 zone
County Land Use
Designation & Zoning
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•Residential Low
Density
•Allows RC, R-1, or R-4
zoning
•Prezoned R-4 in 2007
Ordinance #5254
•Will become effective
upon annexation
Renton Land Use
Designation & Zoning
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City Annexation Policies
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•Goal L-E: Promote annexation where and when it
is in Renton’s best interest
•Policy L-8: Support annexation where
infrastructure and services allow for urban
densities and it would consolidate service
providers and/or facilitate the efficient delivery
of services
•Policy L-9: Consider fiscal impacts for each
proposed annexation
Comprehensive Plan
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Boundary Review Board
Objectives
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•Uses physical boundaries, including but not
limited to bodies of water, highways, and land
contours
•Boundary uses parcel lines
•Prevent abnormally irregular boundaries
•The boundary is regular
•Create and/or preserve logical service areas
•Service areas agreed to previously, are unchanged
•Annexation is of an unincorporated area to a city
that is urban in character
•Renton is an urban city
Relevant BRB Objectives
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Fiscal Analysis
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•Current Conditions:
•2 dwellings
•Estimated 6 residents
•Future Conditions:
•Estimated 10 additional dwellings
•Estimated additional 28 residents
•Costs increase 3.3% annually
•Revenue increase 2.5% annually
•Limited to sales tax, utility tax, and franchise fee
Assumptions
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Fiscal Analysis
Operating Fund
Existing Year 10
Revenues $2,846 $19,082
Costs $1,796 $17,175
Capital and Enterprise Funds
Revenues $850 $3,956
Costs $353 $3,181
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•City staff representing City functions reviewed
the proposed annexation
•All departments indicated that the proposed
annexation represents a logical extension of their
services
Comments
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•Proponent has requested the $5,000 annexation fee be
waived
•$5,000 –annexations less than 10 acres
•$2,500 –annexations more than 10 acres
•Proponent requested legal description and map
December 22, 2016, prior to implementation of the new
fee January 1, 2017
•The legal description and map were transmitted to him
after January 1, 2017
•Therefore, staff supports the request to waive the fee
Request
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•The best interests and general welfare of the
City are served by this annexation
•Represents a logical extension of City services
•Consistent with City annexation policies
•Consistent with Boundary Review Board criteria
Conclusion
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Recommendation
•The Administration recommends:
•Council waive the annexation fee
•Authorize circulation of a 60% Direct Petition to
Annex specifying that property owners:
•Accept the City's zoning
•Assume their proportional share of the City’s
existing bonded indebtedness
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May 22, 2017 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, May 22, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Armondo Pavone, Council President
Randy Corman
Ryan McIrvin
Ruth Pérez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Gregg Zimmerman, Public Works Administrator
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
Commander Jon Schuldt, Police Department
PROCLAMATIONS
a) ADDED: Geraldine Bookrum McQuiller Day - May 22, 2017 - A proclamation by Mayor Law
was read proclaiming May 22, 2017 to be "Geraldine Bookrum McQUiller Day" in the City of
Renton. Kevin McQuiller, son of Geraldine Bookrum McQuiller graciously accepted the
proclamation.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
AGENDA ITEM #7. a)
May 22, 2017 REGULAR COUNCIL MEETING MINUTES
b) Safe Boating and Paddling Week - May 20 - 26, 2017: A proclamation by Mayor Law was read
declaring the week of May 20 - 26, 2017, to be “Safe Boating and Paddling Week” in the City
of Renton, and encouraged all Renton residents to dedicate themselves to practicing and
learning about safe boating, including wearing life jackets. Keith Harding of Renton Coast
Guard Auxiliary Flotilla 25, accepted the proclamation with thanks.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO ADOPT THE
PROCLAMATION AS READ. CARRIED.
c) National Public Works Week - May 21 - 27, 2017: A proclamation by Mayor Law was read
proclaiming May 21 - 27, 2017 to be "National Public Works Week" in the City of Renton,
encouraging all citizens to recognize the contributions public works professionals make every
day to our health, safety, comfort, and quality of life. Public Works Administrator Gregg
Zimmerman accepted the proclamation. He provided a brief description of the work
performed by Renton's public works employees.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO ADOPT THE
PROCLAMATION AS READ. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2017 and beyond. Items noted were:
Saturday, June 3rd, 10:00 a.m. to 2:00 p.m. The Solid Waste Utility will host its annual
“Stop & Swap One Day Reuse Event” in the Renton Memorial Stadium south parking
lot, located at 405 Logan Avenue North. This recycling event offers an opportunity for
Renton residents to drop off quality goods, diverting them from the landfill, and make
them available to neighbors and non-profit organizations.
Treatments to the invasive Eurasian milfoil plant species at Coulon and Kennydale
Beach Parks will take place this week and next. The City’s Parks team is coordinating
the contract for a new process – manual removal of the milfoil plants by divers at
both Coulon and Kennydale Parks’ swim beaches. Divers will dispose of the plants at
an approved off-site location. As in years past, only the boat launch area at Coulon
Park will be treated chemically by AquaTechnex. All work will be completed before
lifeguards start their training the second week of June.
The Renton Farmers Market will celebrate its 16th year in 2017. Opening Day is June
6th from 3:00 to 7:00 p.m. at Piazza Park. The market runs every Tuesday through
September with fruits, vegetables, food trucks, flowers, and more.
The City and honored veterans will remember our servicemen and servicewomen at
the Memorial Day Program on May 29th at 1:00 p.m. at Veterans Memorial Park.
Renton Teen Peace Festival, an interactive event designed to bridge the gap between
the Renton Police Department and the community, will take place June 3rd from
noon to 4:00 p.m. at Liberty Park. The event will include a basketball tournament, DJ,
and more.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AGENDA ITEM #7. a)
May 22, 2017 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
Kathleen Booher, Renton, thanked Council for their support of the Neighborhood
Grant program. She also thanked City staff for their contributions, support, guidance,
and patience in helping the North Renton Neighborhood Association develop their
grant.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of May 15, 2017. Council Concur.
b) AB - 1916 City Clerk submitted a street vacation petition for a portion of right-of-way (ROW)
located in the vicinity of SW Langston Rd.; petitioner Langston 14, LLC (VAC-17-001); and
requested a public hearing be set on 6/12/2017.
Refer to Administration; Set public hearing on 6/12/2017.
c) AB - 1917 City Clerk submitted the SE 132nd St. Latecomer's Agreement (LA-17-001) for a
period of two years, and requests to notify affected property owners.
Refer to Utilities Committee.
d) AB - 1913 Community & Economic Development Department recommended adoption of an
ordinance granting a 10-year franchise agreement with MCIMETRO as a purveyor of
broadband telecommunication services within the City of Renton.
Refer to Utilities Committee.
e) AB - 1918 Community Services Department recommended approving funding for 12
Neighborhood Grant applications and authorize expenditures in the amount of $78,490 from
the budgeted 2017 Neighborhood Program Fund. Council Concur.
f) AB - 1911 Human Resources / Risk Management Department requested authorization to hire
a Human Resources Benefits Manager at Step D of grade m30. Council Concur.
g) AB - 1912 Public Works Administration requested approval to purchase three vehicles, in the
amount of $211,669, for the Fleet Maintenance Section; the costs were included in the
2017/2018 Biennial Budget. Council Concur.
h) AB - 1914 Public Works Administration requested approval of two budget adjustments to
purchase a vehicle in 2017 that is scheduled for replacement in 2018 for a cost of $29,739,
and for a non-budgeted purchase of a John Deer Z970R Commercial ZTrak Mower for a cost of
$13,309. Refer to Finance Committee.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Public Safety Committee: Chair Corman presented a report recommending concurrence in the
staff recommendation to amend Title VI (Police Regulations) of the Renton Municipal Code by
adopting an ordinance to add a new Chapter 13 “Vehicle Trespass” which will allow the City to
effectively prosecute offenders of vehicle theft and vehicle prowls. The Committee further
recommends that the ordinance be presented for first reading.
MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #7. a)
May 22, 2017 REGULAR COUNCIL MEETING MINUTES
b) Finance Committee: Chair Persson presented a report approving for payment on May 22, 2017
claims vouchers 356374-356793, 10015-10016 and 1 payroll run with benefit withholding
payments totaling $6,706,995.93 and payroll vouchers including 618 direct deposits and 31
payroll vouchers totaling $1,281,647.45.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee: Chair Persson presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to enter into the interlocal agreement
with King Conservation District to accept $9,480.00 in grant funds with spending authority for the
2017 Renton Farmers Market.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4310: A resolution was read setting a public hearing date of June 12, 2017
regarding the vacation of a six-foot (6') alley, located in the vicinity of Stevens Avenue SW and
SW Sunset Boulevard. (Langston 14; VAC-17-001)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinance for first reading and advancement to second and final reading:
b) Ordinance No. 5836: An ordinance was read amending Title VI (Police Regulations) of the
Renton Municipal Code, by adding a new Chapter 13, "Vehicle Trespass."
MOVED BY CORMAN, SECONDED BY WITSCHI, COUNCIL ADVANCE THE
ORDINANCE FOR SECOND AND FINAL READING. CARRIED.
Following a second reading, it was
MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar
ADJOURNMENT
MOVED BY WITSCHI, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME:
7:36 P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, May 22, 2017
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
May 22, 2017
May 25, 2017
Thursday
2:45 PM Utilities Committee, Chair McIrvin – Tour/Council Conference Room
1. Tour of Cedar Hill Landfill – 16645 – 228th Ave. SE, Maple Valley
(A quorum of council may be in attendance on the tour)
2. Langston Street Vacation Compensation Determination
(at city hall at 4pm)
3. MCIMETRO Access Transmission Services Corp Franchise Agreement
4. Varma/Ram Latecomer Agreement
4:30 PM Planning & Development Committee, Chair Prince – Council Conf. Rm
1. City Center Community Plan
2. Docket #12
3. Shopping Carts
4. Emerging Issues in CED
May29, 2017
Monday
No Meetings Memorial Day Holiday / Fifth Monday
June 5, 2017
Monday
5:00 PM Transportation Committee, Chair Pérez – Council Conference Room
1. Emerging Issues in Transportation
- Airport Redevelopment and Leases
- Size of the 2017 Annual Asphalt Overlay Contract
5:30 PM Community Services Committee, Chair Witschi – Council Conference Rm
1. Municipal Arts Commission Appointments – Samek and Gow
2. Library Advisory Board Appointment - Greene
6:00 PM Committee of the Whole, Chair Pavone – Council Chambers
1. Docket #118 – Safe & Healthy Housing
AGENDA ITEM #7. a)
AB - 1901
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: Appointment to City Center Community Plan Advisory Board
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Executive
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Law appoints Ms. Laura Bloch to the City Center Community Plan Advisory Board for a term expiring
4/30/18 (position previously held by Doug Baugh).
EXHIBITS:
A. Recommendation memo
B. Laura Bloch application
STAFF RECOMMENDATION:
Confirm Mayor Law's appointment of Laura Bloch to the City Center Community Plan Advisory Board.
AGENDA ITEM #7. b)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
M E MORAN D U M
DATE:April 25,2017
TO Den is Law,Mayor
FROM:C.E.“Chip”Vincent,CED Administrator //
SUBJECT:Appointment of Laura Bloch to the City Center
Community Plan Advisory Board
Doug Baugh served as a representative of PACCAR on the City Center Community Plan
Advisory Board since April 2012.He was a tremendous asset to the Board and he
consistently demonstrated a commitment to his position.Doug has requested that his
position on the Board be filled by Laura Bloch,who is an Assistant General Manager for
PACCAR Parts in Renton.She has worked for PACCAR in Renton for more than 10 years,
so she is very familiar with Renton and the City Center Community Planning Area.
I recommend that she be appointed to a one-year term,expiring on April 30,2018.
h:\ced\planning\community planning\city center\advisory board\appointments &reappointments\Iaura bloch
appointmentdoc
AGENDA ITEM #7. b)
April Alexander
From:Iaura.bloch@paccar.com
Sent:Monday,May 22,2017 11:25 AM
To:April Alexander
Cc:laura.bloch@paccar.com
Subject:Application for boards,commissions,or committees.
The following registration was submitted via the City of Renton website:
Data from form “Application for Boards,commissions,or committee&’was received on Monday,May 22,2017
11:24:44 AM.
Boards,commissions,committees
Field I Value
BoardsCömmissionsCommittees 1
Title_________________IMs.
Applicant’s phone 1425-254-4492
Applicant’s alternate phone
Renton Resident?j false
If so,since when
former Residence
.3.A.Economics,Grinnell CollegeEducationalBackgroundMBA,University of Washington
Occupation Assistant General Manager -Operations,PACCAR Parts.
j Member of Senior Leadership Team setting the strategy
‘and implementation plans for the Division
•Lead Operations for Americas of $33 Aftermarket Parts
Division including Distribution,Materials,Logistics,
.Customer Service,and ITOccupationBackgroundResponsiblefordistribution network expansion
strategy and execution
•Supplier management,forecasting and planning for
$150M of inventory
Employer PAC CAR
[Community Activities
‘R PACCAR has a long history in Rentonandl would like to helpeasonsjmaintainourinvolvementandengagementinRenton.I am
1
AGENDA ITEM #7. b)
Field Value
specifically interested in the City Center Community Plan
Advisory Board,to replace outgoing member Doug Baugh.
Can attend day meetings true
Can attend night meetings true
Email “Application for boards,commissions,or committees.”originally sent to analexander@rentonwa.gov from
laura.bloch@paccar.com on Monday,May 22,2017 11:24:44 AM.The following were also sent a copy:laura.bloch@paccar.com.
2
AGENDA ITEM #7. b)
Laura I.Bloch
10428 NE 28th Place,Bellevue,WA 98004
lbloch@outlook.com
(425)208-2652
EXPERIENCE
2004-2017 PACCAR INc Bellevue,WA
2016-present Assistant General Manager,PACCAR Parts,Renton,WA
2015 Director of Operations,PACCAR Parts,Renton,WA
•Member of Senior Leadership Team setting the strategy and implementation plans for the Division
•Lead Operations for Americas of $33 Aftermarket Parts Division including Distribution,Materials,
Logistics,Customer Service,and if
•Responsible for distribution network expansion strategy and execution
•Supplier management,forecasting and planning for $150M of inventory
•Achieved operational records in all departments in 2016
2014-2015 Sales Operations Director,DAf Truck,Thame,UK
•Led teams of salespeople responsible for UK retail truck sales and repair and maintenance contracts
•Implemented new process for sales allowance requests improving turnaround by 20%
•Increased UK >16T truck market share from 19%first half 2014 to 26%second half 2014
•Achieved Repair and Maintenance Contract share of 46%against a goal of 37%
2011-2014 Parts Distributioti Center Manager,PACCAR Parts Materials Manager,Leyland,UK
•Executive Leader for all aspects of parts distribution center and logistics in the UK
•Redesigned picking and delivery for order delivery in less than 24 hours leading to incremental sales
2010-2011 Materials Manager,PACCAR Parts,Renton,WA
•Leader for Forecasting and Planning of $lOOM inventory in the 8 North American distribution centers
•Led team of 20 inventory analysts advising independent dealers of ordering decisions
•Implemented new metrics to incentivize dealers to stock a wider variety of product
2008-2010 Parts Distribution Center Manager,PACCAR Parts,Renton,WA
•Executive responsible for all aspects of Northwestern Distribution Center Operation
•Received award for being a top distribution center worldwide on cost,productivity,and quality.
2005-2008 Area Manager,Kenworth,Renton,WA
•Managed teams of 50-100 production workers to achieve production,quality,and safety results
2004-2005 PACCAR Leadership Development Program Participant,Bellevue,WA
•Completed 8 to 16 week projects throughout a variety of Divisions at PACCAR
2000-2002 ThEEHOUSE Seattle,WA
Development Associate for a mid-sized nonprofit organization serving foster children
•Procured $400,000 in foundation grants each year,including two $100,000 grants
•Produced all Public Relations and Marketing materials including brochures,newsletters,and the website
1998-2000 RESEARCH TRIANGLE INSTITUTE Research Triangle Park,NC
Economist in the Environmental and Natural Resource Economics Group
•Conducted researched and economic analyses on industries and impacts of proposed EPA regulations
EDUCATION
June 2004 UNiVERSITY OF WASIUNGTON,Master ofBusiness Administration with honors Seattle,WA
December 1997 GRINNELL COLLEGE,BA.in Economics with honors,Phi Beta Kappa Grinnell,IA
AGENDA ITEM #7. b)
AB - 1915
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: Determination of Surplus Property Status for Former Highlands
Library site located at 2902 NE 12th St
RECOMMENDED ACTION: Refer to Committee of the Whole
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
As part of the overall Sunset Redevelopment Project, the Former Highlands Library has been determined as a
surplus property with a Parcel Number of 7227802040 located at 2902 NE 12th Street. Based on the project,
new property was purchased for the new library that is up and running as of today. No interest has been
expressed in the property by other City department during project meetings over the l ife of this project.
In June 2016, the City ordered an appraisal of the property, and in January 2017, the Renton Housing
Authority and the City executed a letter of intent for the purchase and sale of the property. Under that letter
of intent, the Renton Housing Authority would purchase the property for the appraised fair market value.
Other, specific terms of the purchase and sale are to be negotiated in a subsequent purchase and sale
agreement, all in compliance with RCW 39.33.010 which authorizes in tergovernmental sales of property.
In accordance with City Policy and Procedure, set a public hearing date of June 19, 2017 in order to determine
if this property should be declared surplus.
EXHIBITS:
A. Staff Recommendation Memo
B. Vicinity Map
C. Draft Resolution
STAFF RECOMMENDATION:
Approve initiation of surplus property procedures and set a public hearing date of June 19, 2017.
AGENDA ITEM #7. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:May 24, 2017 (Revised May 9, 2017 Memorandum)
TO:Jason Seth, City Clerk
FROM:Amanda Askren, Technical and Property Services Manager
SUBJECT:City Surplus Property: Old Highlands Library (Parcel No.
7227802040) located at 2902 NE 12th Street
As part of the overall Sunset Redevelopment Project, the Old Highlands Library has been
determined as a surplus property with a Parcel Number of 7227802040 located at 2902
NE 12th Street. Based on the project, new property was purchased for the new library
that is up and running as of today. No interest has been expressed in the property by
other City department during project meetings over the life of this project.
In June 2016, the City ordered an appraisal of the property, and in January 2017, the
Renton Housing Authority and the City executed a letter of intent for the purchase and
sale of the property. Under that letter of intent, the Renton Housing Authority would
purchase the property for the appraised fair market value. Other, specific terms of the
purchase and sale are to be negotiated in a subsequent purchase and sale agreement,
all in compliance with RCW 39.33.010 which authorizes intergovernmental sales of
property.
In accordance with City Policy and Procedure, please set a public hearing date in order
to determine if this property should be declared surplus.
AGENDA ITEM #7. c)
Surplus Property - Old Highlands Library Property
2902 NE 12th Street, Renton, WA
AGENDA ITEM #7. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING THE
FORMER RENTON HIGHLANDS LIBRARY PROPERTY, LOCATED AT 2902 NE 12TH
STREET, SURPLUS AND AUTHORIZING THE MAYOR TO SIGN SUCH DOCUMENTS
AS NECESSARY TO TRANSFER TITLE, ALL AS PART OF THE OVERALL SUNSET
REDEVELOPMENT PROJECT.
WHEREAS, as a part of the overall Sunset Redevelopment Project, the City of Renton has
anticipated that certain real property would become surplus to the City, such property being
legally described in Exhibit A and depicted in Exhibit B attached hereto and incorporated by
reference as if fully set forth, and commonly known as the former Renton Highlands Library
property, located at 2902 NE 12th Street, King County Parcel No. 7227802040 (the “Property”);
and
WHEREAS, no interest in the Property has been expressed by any City department; and
WHEREAS, RCW 39.33.010 authorizes the City to dispose of real property in an
intergovernmental transfer; and
WHEREAS, the City ordered an appraisal of the Property; the Property was appraised in
June 2016; and in January 2017, the Renton Housing Authority and the City executed a letter of
intent in which Renton Housing Authority intends to purchase the Property for the appraised fair
market value upon specific terms to be negotiated in a purchase and sale agreement; and
WHEREAS, the City after a news release and publication of a public notice for public
hearing, did hold on the 19th day of June, 2017, a public hearing to consider declaring the
Property surplus, and those members of the public who wished to testify were duly allowed to
testify and the testimony was considered by the City Council; and
AGENDA ITEM #7. c)
RESOLUTION NO. ________
2
WHEREAS, the City Council has determined that the sale of the Property is in the public
interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The former Renton Highlands Library property, located 2902 NE 12th
Street, King County Parcel No. 7227802040, is declared surplus.
SECTION II. The Mayor is hereby authorized to sign the necessary documents to
consummate the conveyance of the real property that has been declared surplus, whether to the
Renton Housing Authority or another governmental agency as authorized under RCW 39.33.010,
or otherwise on advantageous terms including a purchase price commensurate with fair market
value.
PASSED BY THE CITY COUNCIL this ______ day of ________________, 2017.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of ________________, 2017.
______________________________
Denis Law, Mayor
AGENDA ITEM #7. c)
RESOLUTION NO. ________
3
Approved as to form:
______________________________
Shane Moloney, City Attorney
Date of Publication: _____________
RES:1734:5/22/17:scr
AGENDA ITEM #7. c)
RESOLUTION NO. ________
4
EXHIBIT A
Lot 1 of City of Renton Short Plat No. LUA16‐000960, recorded under King County Recording
Number 20170519900004.
AGENDA ITEM #7. c)
RESOLUTION NO. ________
5
EXHIBIT B
AGENDA ITEM #7. c)
AB - 1921
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: Contract Award: Sunset Neighborhood Park, Phase I
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
The current project budget is $3,556,515.00. The Phase I construction cost is $2,351,010.48, leaving a balance
of $1,205,504.52. The remaining encumbered design contract balance is $56,931.00, and security camera
installation, permitting, printing, and bid advertising fees come to $50,884.00, leaving a balance of
$1,097,689.52. With a 10% contingency of $235,000.00 for potential change orders a balance of $862,689.52
will be available for Phase II Design and construction. Funding for t his project is from
316.332043.020.594.76.63.000.
SUMMARY OF ACTION:
Engineer's estimate: $2,330,000
In accordance with Council procedures, the lowest responsible and responsive bid met the following three
criteria:
1) There was more than one bid;
2) The low bid was within budget;
3) There are no irregularities with the low bid
Therefore, staff recommends awarding CAG-17-088 - Sunset Neighborhood Park, Phase I Project to the low
bidder, Road Construction Northwest, Inc., in the amount of $2,351,01 0.48.
EXHIBITS:
A. Issue Paper/Staff Recommendation
B. Bid Tab
STAFF RECOMMENDATION:
Award the Sunset Neighborhood Park, Phase I project to the low bidder, Road Construction Northwest, Inc., in
the amount of $2,351,010.48.
AGENDA ITEM #7. d)
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:June 5, 2017
TO:Armondo Pavone, Council President
Members of Renton City Council
VIA:
FROM:
Denis Law, Mayor
Kelly Beymer, Community Services Administrator
STAFF CONTACT:Todd Black, Capital Project Coordinator (x-6571)
Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
SUBJECT:Sunset Neighborhood Park, Phase I Construction
ISSUE:
Should the construction contract for the Sunset Neighborhood Park, Phase I be awarded to Road
Construction Northwest, Inc. in the amount of $2,351,010.48?
RECOMMENDATION:
Award the construction contract to Road Construction Northwest, Inc., in the amount of
$2,351,010.48 and authorize the Mayor and the City Clerk to execute the contract.
BACKGROUND SUMMARY:
Sunset Neighborhood Park was identified in the 269-acre Sunset Area Planned Action and
Environmental Impact Statement (EIS). Three parcels were acquired from the Renton Housing
Authority and 15 World War II-era multi-family housing structures were demolished and
removed between 2012 and 2016. Portions of two public streets have been vacated to make a
contiguous 3.2 acre site.
In 2014, the City, along with HBB Landscape Architects, completed a Master Plan for the park,
which was adopted by the City Council in December 2014.
In 2015 the City successfully secured state Capital Budget monies as a direct appropriation from
the legislature. In January 2017 the State Department of Commerce and the City entered into
an agreement for $1,700,000.00 to assist the City in funding Phase I of the Sunset Neighborhood
Park.
The City contracted with HBB Landscape Architects for design services for Phase I, which will
feature a restroom, concrete and impervious paved walking paths, a pergola, benches,
pedestrian lighting, site grading, utilities, cameras, and landscaping. The park project was
advertised through the Daily Journal of Commerce and three bids were received, with a low bid
of $2,351,010.48, submitted by Road Construction Northwest, Inc. The Landscape Architect’s
estimate for Phase I construction was $2,340,000.00.
AGENDA ITEM #7. d)
Armondo Pavone, Council President
Members of Renton City Council
Subject: Sunset Neighborhood Park, Phase I Construction
Page 2 of 2
June 5, 2017
Staff reviewed the Road Construction Northwest, Inc. quote for completeness and accuracy,
performed the necessary background research, and is recommending award to Road
Construction Northwest, Inc.
The estimated construction timeframe is between approximately late June and December 2017,
commencing upon execution of this contract.
The current project budget is $3,556,515.00. The Phase I construction cost is $2,351,010.48,
leaving a balance of $1,205,504.52. The remaining encumbered design contract balance is
$56,931.00, and security camera installation, permitting, printing, and bid advertising fees come
to $50,884.00, leaving a balance of $1,097,689.52. With a 10% contingency of $235,000.00 for
potential change orders a balance of $862,689.52 will be available for Phase II Design and
construction. Funding for this project is from 316.332043.020.594.76.63.000.
CONCLUSION:
Awarding the contract to the lowest responsive contractor, Road Construction Northwest, Inc.,
allows the City to move forward with the Phase I construction of the Sunset Neighborhood Park.
This 3.2 acre park will set the stage for future quality development of the Sunset neighborhood.
Cc: Jamie Thomas, Fiscal Services Director
Misty Baker, Senior Finance Analyst
AGENDA ITEM #7. d)
Project: Sunset Neigborhood Park-Phase I
CAG-17-088
Date: 5/10/2017
Bidder
A-1 Landscaping & Construction, Inc.
20607 SR 9 S.E.
1 Snohomish
WA
98296
Naeem
Iqbal
C.A. Carey Corporation
P.O. Box 1006
2 Issaquah
WA
98027
Christopher
Carey
Road Construction Northwest, Inc.
P.O. Box 2228
3 Renton
WA
98056
Mathew
Wagester
Engineer's Estimate
CITY OF RENTON
BID TABULATION SHEET
FORMS
Qual. Bid Bid Triple
Statement Proposal Bond Form
X X X X
X X X X
X X X X
1 of 1
Bid Total from
Sub Schedule of Prices
Ad den List *Includes Sales Tax
X X $3,952,30o.oo@
X X $3,124,000.00 (jJ
X X $2,351,010.48 CD
Approx. $2,330,000 incl WSST
AGENDA ITEM #7. d)
AB - 1922
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: Refunding of 2007 Water and Sewer Revenue Bonds
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Jan Hawn , ASD Administrator
EXT.: 6858
FISCAL IMPACT SUMMARY:
The proposed refunding will replace the existing $6.19 million of bonds carrying an average interest rate of
4.0% with approximately $6.12 million of new bonds together with $280,000 in issue premium at a true
interest cost of approximately 1.7% and will generate an estimated net present value savings of $338,000 or
approximately 5.46% of the refunded bonds.
SUMMARY OF ACTION:
The proposed refinancing plan will issue approximately $6.12 million of new bonds together with $280,000 in
issue premium to replace the existing $6.19 million of bonds through a request for proposal process.
EXHIBITS:
A. Issue Paper
B. Draft Ordinance
STAFF RECOMMENDATION:
Approve the refinancing plan and place the attache d ordinance with associated documents for first and
second readings and adoption.
AGENDA ITEM #7. e)
c:\users\mgregor\appdata\local\microsoft\windows\temporary internet files\content.outlook\idlzbqu2\issue paper -
2007 ws revenue bond refunding.docx
ADMINISTRATIVE SERVICES
M E M O R A N D U M
DATE: May 26, 2017
TO: Armondo Pavone, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: Jan Hawn, Administrative Services Administrator
STAFF CONTACT: Jan Hawn
SUBJECT: Refunding of 2007 Water and Sewer Revenue Bonds
ISSUE
Should the City refinance the 2007 Water and Sewer Bonds and use a request for
proposals method to sell these bonds?
RECOMMENDATION
Staff recommends approval of the proposed refinancing plan and adoption of the
necessary ordinance authorizing the issuance of approximately $6.12 million of bonds
together with $280k in issue premium at a true interest cost of approximately 1.7%,
which will replace the existing $6.19 million of bonds carrying an average interest rate of
4.0% and generate an estimated $338k in net present value savings or approximately
5.46% of the refunded bonds. These figures are as of May 18, 2017 and will change until
pricing is locked in on approximately the week of July 10, 2017.
BACKGROUND
The City issued $9.75 million in Water and Sewer Revenue Bonds in 2007 to pay for
various utility capital improvement projects. The proceeds of approximately $6.12
million new bonds plus the projected issue premium of $280k will pay for issuance
costs, as well as the balance of the outstanding bonds.
In addition, staff recommends the proposed refunding be done through a request for
proposal process (RFP) for bank loans, instead of a public offering. The difference
between the two methods is that a public offering is an open process in which the
underwriter will present the bonds to investors from around the country who indicate
interest in purchasing a portion of the bonds, while an RFP for bank loans (much like the
private placement in 2016) involves banks who submit their “bids” to purchase the
entire issue. Both options provide competitive pricing and a competitive process. The
key difference is that there are fewer bidders who can buy the entire issue than those
AGENDA ITEM #7. e)
Armondo Pavone, Council President
Members of Renton City Council
Page 2 of 2
May 26, 2017
who can participate in a public offering by buying smaller portions of the issue. Another
key difference is the amount of staff time involved in a public offering versus a private
placement. The resulting difference in interest rates is estimated at somewhere
between 0%-0.4%. Based on recent issues, the interest rate differential should be at the
low end of that spectrum.
CONCLUSION
Staff recommends the Council approve the refinancing plan. The bond ordinance will be
presented for first reading on June 12, 2017 and second reading and adoption on June
19, 2017.
AGENDA ITEM #7. e)
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CITY OF RENTON, WASHINGTON
WATER AND SEWER REVENUE REFUNDING BOND, 2017
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN
THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 FOR
THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND
SEWER REVENUE AND REFUNDING BONDS, 2007; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY
TO APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER
MATTERS RELATED THERETO.
PASSED: June 19, 2017
PREPARED BY:
PACIFICA LAW GROUP LLP
Seattle, Washington
AGENDA ITEM #7. e)
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ORDINANCE NO. ________
TABLE OF CONTENTS
Section 1. Definitions ......................................................................................................................3
Section 2. Findings Regarding Parity Provisions ...........................................................................12
Section 3. Authorization and Description of Bond .......................................................................13
Section 4. Registration of Bond ....................................................................................................14
Section 5. Priority and Payment from the Waterworks Utility Fund............................................15
Section 6. Funds and Accounts .....................................................................................................17
Section 7. Covenants.....................................................................................................................20
Section 8. Tax Covenants ..............................................................................................................23
Section 9. Future Parity Bonds......................................................................................................25
Section 10. Form of Bond .............................................................................................................28
Section 11. Execution of Bond ......................................................................................................28
Section 12. Right of Prepayment ..................................................................................................29
Section 13. Sale of Bond ...............................................................................................................29
Section 14. Application of Bond Proceeds; Plan of Refunding .....................................................31
Section 15. Ongoing Disclosure; Additional Covenants................................................................34
Section 16. Lost, Stolen or Destroyed Bond .................................................................................34
Section 17. Contract; Savings Clause ............................................................................................34
Section 18. General Authorization, Ratification of Prior Acts ......................................................35
Section 19. Effective Date of Ordinance .......................................................................................35
Exhibit A Form of Bond
This Table of Contents is provided for convenience only and is not a part of this
ordinance.
AGENDA ITEM #7. e)
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN
THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 FOR
THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND
SEWER REVENUE AND REFUNDING BONDS, 2007; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY
TO APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER
MATTERS RELATED THERETO.
WHEREAS, the City of Renton, Washington (the “City”) has created and operates a
waterworks utility of the City, including the water, sewer, wastewater and storm drainage
systems (together, the “Waterworks Utility”); and
WHEREAS, the City issued and now has outstanding the following water and sewer
revenue bonds, each being payable on a parity of lien on the revenues of the Waterworks
Utility:
Series
Authorizing
Ordinance
Original
Principal Amount
Outstanding
Principal Amount
2007 5313 $ 9,750,000 $ 7,120,000
2008A 5313 9,975,000 695,000
2012 5672 9,190,000 9,045,000
2016 5812 9,385,000 9,230,000
(together, the “Outstanding Parity Bonds”); and
WHEREAS, the Water and Sewer Revenue and Refunding Bonds, 2007, issued on
November 6, 2007 (the “2007 Bonds”), maturing on or after December 1, 2018 (the “Refunding
Candidates”), are subject to optional redemption, in whole or in part, on any date on or after
December 1, 2017, at a price of par plus interest accrued to the date of redemption; and
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WHEREAS, after due consideration it appears to the City Council (the “Council”) that all
or a portion of the Refunding Candidates (the “Refunded Bonds”) may be defeased and
refunded by proceeds of the water and sewer revenue refunding bond authorized herein (the
“Bond”) at a savings to the City and its ratepayers; and
WHEREAS, the respective ordinances authorizing the issuance of the Outstanding Parity
Bonds permit the issuance of additional bonds on a parity with the Outstanding Parity Bonds for
refunding purposes if certain conditions are met; and
WHEREAS, the Council wishes to delegate authority to the Mayor, the Chief
Administrative Officer and the Administrative Services Administrator of the City (as further
described herein, each a “Designated Representative”) for a limited time, to approve the
interest rates, maturity date, redemption terms, and other terms for the Bond within the
parameters set by this ordinance; and
WHEREAS, the City intends to issue a request for proposals from various financial
institutions to purchase the Bond; and
WHEREAS, the Council now wishes to authorize the issuance of the Bond, the
acceptance of a commitment confirming such a proposal, and the sale of the Bond to the
successful respondent subject to the terms and conditions set forth in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
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Section 1. Definitions. As used in this ordinance, the following words shall have the
following meanings:
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of
the Refunded Bonds, but only to the extent that the same are acquired at Fair Market Value.
Administrative Services Administrator means the City’s Administrative Services
Administrator or the successor to such officer.
Annual Debt Service for any year means all the interest on plus all principal (except
principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all
mandatory redemption and sinking fund installments, less all bond interest payable from the
proceeds of any such bonds, which will mature or come due in that year.
After all of the Outstanding Parity Bonds issued prior to 2016 are fully redeemed,
refunded or defeased, for purposes of satisfying the Coverage Requirement or the Parity
Requirement, Annual Debt Service for any fiscal year or calendar year shall exclude any Debt
Service Offsets received or expected to be received in such fiscal year or calendar year.
Bank means the financial institution that is the successful respondent to a request for
proposals to purchase the Bond, selected by a Designated Representative.
Base Period means any consecutive 12-month period selected by the City out of the
24-month period next preceding the date of issuance of an additional series of Future Parity
Bonds.
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Bond means the City’s Water and Sewer Revenue Refunding Bond, 2017, or other such
series designation as approved by a Designated Representative, authorized to be issued by this
ordinance.
Bond Fund means that special fund of the City known as the Waterworks Revenue Bond
Fund, 2017 created by the City for the payment of the principal of and interest on the Bond.
Bond Register means the registration records for the Bond maintained by the Bond
Registrar.
Bond Registrar means the Administrative Services Administrator, whose duties include
registering and authenticating the Bond, maintaining the Bond Register, transferring ownership
of the Bond, and paying the principal of and interest on the Bond.
Call Date means December 1, 2017.
Chief Administrative Officer means the City’s Chief Administrative Officer or the
successor to such officer.
City means the City of Renton, Washington, a municipal corporation duly organized and
existing by virtue of the laws of the State.
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of
the Bond or (except as otherwise referenced herein) as it may be amended to apply to
obligations issued on the date of issuance of the Bond, together with applicable proposed,
temporary and final regulations promulgated, and applicable official public guidance published,
under the Code.
Commission means the Securities and Exchange Commission.
Commitment means the commitment of the Bank to purchase the Bond.
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Council means the City Council as the general legislative authority of the City, as duly
and regularly constituted from time to time.
Coverage Requirement means in any calendar year 1.25 times the Annual Debt Service
for such year.
Credit Facility means a policy of municipal bond insurance, a letter of credit, surety
bond, line of credit, guarantee or other financial instrument or any combination of the
foregoing, which obligates a third party to make payment or provide funds for the payment of
financial obligations of the City. There may be one or more Credit Facilities outstanding at any
time.
Debt Service Offset means receipts of the City that are not included in Gross Revenue
and that are legally available to pay debt service on Parity Bonds, including without limitation
federal interest subsidy payments, designated as such by the City.
Designated City Representative means each the Mayor, the Chief Administrative Officer
and the Administrative Services Administrator of the City, any successors to the functions of
such offices, and their designees. The signature of one Designated City Representative shall be
sufficient to bind the City.
Escrow Agent means U.S. Bank National Association, Seattle, Washington.
Escrow Agreement means the Escrow Deposit Agreement between the City and the
Escrow Agent to be dated as of the date of closing and delivery of the Bond.
Fair Market Value means the price at which a willing buyer would purchase an
investment from a willing seller in a bona fide, arm's-length transaction, except for specified
investments as described in Treasury Regulation §1.148-5(d)(6), including United States
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Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments
for yield restricted defeasance escrows. Fair Market Value is generally determined on the date
on which a contract to purchase or sell an investment becomes binding, and, to the extent
required by the applicable regulations under the Code, the term “investment” will include a
hedge.
Federal Tax Certificate means the Federal Tax Certificate signed by the Administrative
Services Administrator pertaining to the tax-exemption of interest on the Bond.
Fitch means Fitch, Inc., organized and existing under the laws of the State of Delaware,
its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall
no longer perform the functions of a securities rating agency, Fitch shall be deemed to refer to
any other nationally recognized securities rating agency designated by the City.
Future Parity Bonds means all water and sewer revenue bonds of the City issued after
the date of the issuance of the Bond and having a lien and charge on Net Revenue on a parity
with the lien and charge on Net Revenue for the payment of the principal of and interest on the
Outstanding Parity Bonds and the Bond.
Government Obligations means direct or indirect obligations of, or obligations the
principal of and interest on which are unconditionally guaranteed by, the United States of
America.
Gross Revenue means all of the earnings and revenues received by the City from the
maintenance and operation of the Waterworks Utility and all earnings from the investment of
money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement
charges collected for the purpose of defraying the cost of capital facilities of the Waterworks
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Utility, except government grants, proceeds from the sale of Waterworks Utility property (other
than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of
bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund
created to defease or refund Waterworks Utility obligations (until commingled with other
earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of
paying a rebate to the United States Government under the Code.
Maintenance and Operation Expense means all reasonable expenses incurred by the
City in causing the Waterworks Utility to be operated and maintained in good repair, working
order and condition, including payments made to any other municipal corporation or private
entity for water service and for sewage treatment and disposal service or other utility service in
the event the City combines such service in the Waterworks Utility and enters into a contract
for such service, and including pro-rata budget charges for the City’s administration expenses
where those represent a reasonable distribution and share of actual costs, but not including
any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes,
or capital additions or capital replacements to the Waterworks Utility.
Maximum Annual Debt Service means, at the time of calculation, the maximum amount
of Annual Debt Service that will mature or come due in the current calendar year or any future
calendar year on the Parity Bonds.
Mayor means the duly elected Mayor of the City or the successor to such officer.
Moody’s means Moody’s Investors Service, its successors and their assigns, and, if such
corporation shall be dissolved or liquidated or shall no longer perform the functions of a
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securities rating agency, Moody’s shall be deemed to refer to any other nationally recognized
securities rating agency designated by the City.
Net Revenue means Gross Revenue less Maintenance and Operation Expense.
Outstanding means, as of any particular time, all Parity Bonds issued theretofore except
(a) Parity Bonds theretofore canceled by the Bond Registrar after purchase by the City in the
open market or because of payment at, or redemption prior to, maturity; (b) Parity Bonds for
which funds have been deposited into a trust account pursuant to the ordinances authorizing
the issuance of the Parity Bonds, but only to the extent that the principal of and interest on
such Parity Bonds are payable from such trust account; (c) temporary, mutilated, lost, stolen or
destroyed Parity Bonds for which new Parity Bonds have been issued pursuant to the ordinance
authorizing their issuance; and (d) Parity Bonds exchanged for new Parity Bonds pursuant to
the ordinances authorizing their issuance.
Outstanding Parity Bond Ordinances mean the ordinances authorizing the issuance of
the Outstanding Parity Bonds identified in the recitals to this ordinance.
Outstanding Parity Bonds means the water and sewer revenue bonds of the City
identified in the recitals to this ordinance.
Parity Bond Fund means any fund created for the payment and redemption of Parity
Bonds.
Parity Bonds means the Outstanding Parity Bonds, the Bond, and any Future Parity
Bonds.
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Parity Requirement means Net Revenue equal to or greater than:
(a) 1.25 times the Maximum Annual Debt Service for all Parity Bonds plus the Future
Parity Bonds proposed to be issued; and
(b) 100% of Maximum Annual Debt Service for all subordinate lien evidences of
indebtedness secured by Gross Revenue.
Professional Utility Consultant means an independent licensed professional engineer,
certified public accountant or other independent person or firm selected by the City having a
favorable reputation for skill and experience with municipal utilities of comparable size and
character to the Waterworks Utility in such areas as are relevant to the purposes for which such
consultant is retained.
Qualified Insurance means any non-cancelable municipal bond insurance policy or
surety bond issued by any insurance company licensed to conduct an insurance business in any
state of the United States (or by a service corporation acting on behalf of one or more such
insurance companies) which insurance company or companies, as of the time of issuance of
such policy or surety bond, are currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
Qualified Letter of Credit means any irrevocable letter of credit issued by a financial
institution for the account of the City on behalf of Registered Owner of the Bond, which
institution maintains an office, agency or branch in the United States and as of the time of
issuance of such letter of credit, is currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
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Rate Stabilization Fund means the Waterworks Rate Stabilization Fund created by the
City pursuant to Ordinance No. 4709.
Rating Agency means Moody’s, S&P or Fitch.
Refunded Bonds means the Refunding Candidates designated by the Designated City
Representative pursuant to Section 14.
Refunding Account means the account by that name established pursuant to Section 14.
Refunding Candidates mean the outstanding 2007 Bonds maturing on or after
December 1, 2018.
Registered Owner means the person in whose name the Bond is registered on the Bond
Register.
Reserve Fund means that special fund of the City known as the Waterworks Revenue
Bond Reserve Fund created by Ordinance No. 4709.
Reserve Requirement means with respect to any issue of Parity Bonds, the lesser of
(a) Maximum Annual Debt Service on all Outstanding Parity Bonds, and (b) 125% of average
Annual Debt Service on all Outstanding Parity Bonds; provided, that the amount required to be
deposited hereunder with respect to any Future Parity Bonds in order to meet the Reserve
Requirement shall not exceed 10% of the net proceeds of such Future Parity Bonds under the
Code.
Rule means the SEC’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the
same may be amended from time to time.
S&P means S&P Global Ratings, its successors and their assigns, and, if such corporation
shall be dissolved or liquidated or shall no longer perform the functions of a securities rating
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agency, S&P shall be deemed to refer to any other nationally recognized securities rating
agency designated by the City.
State means the State of Washington.
Term Bonds mean any Parity Bonds identified as such in the bond purchase contract or
in the ordinance authorizing the issuance thereof, the payment of which is provided for by a
requirement for mandatory deposits of money into the principal and interest account of the
bond redemption fund created for the payment of such issue of Parity Bonds in accordance
with a mandatory sinking fund requirement.
Term Bond Maturity Year means any calendar year in which Term Bonds are scheduled
to mature.
2007 Bond Ordinance means Ordinance No. 5313 passed by the City Council on
October 22, 2007 and Resolution No. 3912 adopted by the Council on October 22, 2007
authorizing the issuance of the 2007 Bonds.
2007 Bonds means the Water and Sewer Revenue and Refunding Bonds, 2007, of the
City issued on November 6, 2007.
Waterworks Utility means the combined water, sewer, wastewater and storm drainage
systems of the City as the same may be added to, improved and extended for as long as any of
the Parity Bonds are outstanding.
Waterworks Utility Fund means that special fund of the City into which all Gross
Revenue (except for earnings in any special fund for the redemption of revenue obligations of
the Waterworks Utility) shall be deposited.
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Rules of Interpretation. In this ordinance, unless the context otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein, “hereunder” and any similar
terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular
article, section, subdivision or clause hereof, and the term “hereafter” shall mean after, and the
term “heretofore” shall mean before, the date of this ordinance;
(b) Words of the masculine or feminine gender shall mean and include correlative
words of any gender and words importing the singular number shall mean and include the
plural number and vice versa;
(c) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including public
bodies, as well as natural persons;
(d) Any headings preceding the text of the several sections of this ordinance, and
any table of contents or marginal notes appended to copies hereof, shall be solely for
convenience of reference and shall not constitute a part of this ordinance, nor shall they affect
its meaning, construction or effect;
(e) All references herein to “articles,” “sections” and other subdivisions or clauses
are to the corresponding articles, sections, subdivisions or clauses hereof; and
(f) Words importing the singular number include the plural number and vice versa.
Section 2. Findings Regarding Parity Provisions. The City Council hereby finds that there
is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the
issuance of Future Parity Bonds as set forth in the Outstanding Parity Bond Ordinances, and on
or prior to the date of issuance of the Bond the City will have on file a certificate showing that
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the issuance of the Bond will result in a debt service savings for the Waterworks Utility and
does not require an increase of more than $5,000 in any year for principal of and interest on
the Bond over and above the payments that were required to be made for the Refunded Bonds.
The conditions contained in the Outstanding Parity Bond Ordinances having been
complied with or assured, the payments required herein to be made out of the Waterworks
Utility Fund into the Bond Fund and the Reserve Fund to pay and secure the payment of the
principal of and interest on the Bond shall constitute a lien and charge upon the money in the
Waterworks Utility Fund equal in rank with the lien and charge thereon for the payments
required to be made for the Outstanding Parity Bonds.
Section 3. Authorization and Description of Bond. The City is hereby authorized to issue
a water and sewer revenue refunding bond (the “Bond”) in a principal amount of not to exceed
$6,500,000 for the purpose of providing the funds necessary to refund the Refunded Bonds and
pay all or a portion of the costs incidental to the foregoing and to the issuance of the Bond.
The Bond shall be designated the “City of Renton, Washington Water and Sewer
Revenue Refunding Bond, 2017” or other such designation as set forth in the Bond and
approved by the Administrative Services Administrator. The Bond shall be dated as of its date
of delivery to the Bank, shall be fully registered as to both principal and interest, shall be in the
principal amount of not to exceed $6,500,000, and shall mature on the date(s) set forth in the
Commitment and approved by the Designated Representative pursuant to Section 13.
The Bond shall bear interest from its dated date or the most recent date to which
interest has been paid at the interest rate(s) set forth in the Commitment. Interest on the
principal amount of the Bond shall be calculated per annum on a 30/360 basis, or as otherwise
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provided in the Bond and in the Commitment. Principal of and interest on the Bond shall be
payable at the times and in the amounts as set forth in the Commitment and in the payment
schedule attached to the Bond.
The Bond shall be payable solely out of the Bond Fund and the Reserve Fund and shall
not be a general obligation of the City.
Section 4. Registration of Bond.
(a)Registrar/Bond Registrar. The Administrative Services Administrator shall act as
Bond Registrar. The Bond Registrar is authorized, on behalf of the City, to authenticate and
deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and
this ordinance and to carry out all of the Bond Registrar’s powers and duties under this
ordinance.
(b)Registered Ownership. The City and the Bond Registrar may deem and treat the
Registered Owner of the Bond as the absolute owner for all purposes, and neither the City nor
the Bond Registrar shall be affected by any notice to the contrary. Payment of the Bond shall
be made only as described in subsection (d) below. All such payments made as described in
subsection (d) below shall be valid and shall satisfy the liability of the City upon the Bond to the
extent of the amount so paid.
(c)Transfer or Exchange of Registered Ownership. The Bond shall not be
transferrable without the consent of the City unless (i) the Bank’s corporate name is changed
and the transfer is necessary to reflect such change; or (ii) the transferee is a successor in
interest of the Bank by means of a corporate merger, an exchange of stock, or a sale of assets.
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Notwithstanding the foregoing, the Bond may be transferred upon satisfaction of the
requirements, if any, set forth in the Bond.
(d)Place and Medium of Payment. Both principal of and interest on the Bond shall
be payable in lawful money of the United States of America. Principal and interest on the Bond
shall be payable by check, warrant, ACH transfer or by other means mutually acceptable to the
Bank and the City. Upon final payment of principal and interest of the Bond, the Registered
Owner shall surrender the Bond for cancellation at the office of the Bond Registrar in
accordance with this ordinance.
Section 5. Priority and Payment from the Waterworks Utility Fund.
(a)Waterworks Utility Fund. A special fund of the City known as the “Waterworks
Utility Fund” has been established by the City, into which shall be deposited all Gross Revenue
as collected. Moneys in the Waterworks Utility Fund shall be trust funds and shall be held
separate and apart from all other funds and accounts of the City.
(b)Priority of Payments from the Waterworks Utility Fund. Gross Revenue on
deposit in the Waterworks Utility Fund (other than in any bond redemption or federal rebate
account) shall be used in the following order of priority:
(i) To pay Maintenance and Operation Expense;
(ii) To pay the interest on the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of interest on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
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(iii) To pay the principal of the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of principal on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
(iv) To make all payments required to be made into any sinking fund or bond
redemption fund hereafter created for the payment of Future Parity Bonds which are
Term Bonds;
(v) To make all payments required to be made into the Reserve Fund,
including any reimbursements required for Qualified Insurance or Qualified Letter of
Credit;
(vi) To make all payments required to be made into any revenue bond
redemption fund or warrant redemption fund and debt service account or reserve
account created to pay and secure the payment of the principal of and interest on any
revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior
and inferior to the lien thereon for the payment of the principal of and interest on the
Parity Bonds; and
(vii) To retire by optional redemption or purchase any outstanding revenue
bonds or revenue warrants of the City, to make necessary additions, betterments,
improvements and repairs to or extensions and replacements of the Waterworks Utility,
to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose.
(c)Rate Stabilization Fund. The City has previously created a Waterworks Rate
Stabilization Fund (the “Rate Stabilization Fund”). The City may, at any time, as determined by
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the City and as consistent with subsection (b) of this section, deposit Gross Revenue into the
Rate Stabilization Fund, excluding principal proceeds of Parity Bonds or other borrowing. The
City may withdraw any or all of the money from the Rate Stabilization Fund for inclusion in
Gross Revenue for any fiscal year of the City. Such deposits or withdrawals may be made up to
and including the date 90 days after the end of the fiscal year for which the deposit or
withdrawal will be included in Gross Revenue. No deposit of Gross Revenue will be made into
the Rate Stabilization Fund to the extent that such deposit would prevent the City from meeting
the Coverage Requirement.
Section 6. Funds and Accounts.
(a)Bond Fund. There is hereby authorized to be created the Waterworks Revenue
Bond Fund, 2017 (the “Bond Fund”), which shall be a “Parity Bond Fund” and a subaccount of
the Waterworks Utility Fund. The Bond Fund shall be maintained for the purpose of paying the
principal of and interest on the Bond. As long as the Bond remains outstanding, the City hereby
irrevocably obligates and binds itself to set aside and pay from the Waterworks Utility Fund into
the Bond Fund those amounts necessary, together with such other funds as are on hand and
available in the Bond Fund, to pay the interest or principal and interest next coming due on the
Bond. Such payments from the Waterworks Utility Fund to the Bond Fund shall be made in a
fixed amount without regard to any fixed proportion following the closing and delivery of the
Bond on or before each date on which an installment of interest or principal and interest falls
due on the Bond equal to the installment of interest or principal and interest. Money in the
Bond Fund not needed to pay the interest or principal next coming due may temporarily be
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deposited in legal investments for City funds, but only to the extent that the same are acquired,
valued and disposed of at Fair Market Value.
(b)Reserve Fund. There has been created by the City a special fund of the City
known as the Waterworks Revenue Bond Reserve Fund (the “Reserve Fund”) for purpose of
securing the payment of the principal of and interest on all Parity Bonds. The City hereby
irrevocably covenants and agrees that on or prior to the date of issuance of the Bond, the
amount on deposit in the Reserve Fund will be at least equal to the Reserve Requirement.
Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be
maintained at the Reserve Requirement at all times so long as any Parity Bonds are
Outstanding. When the total amount in the Bond Fund shall equal the total amount of principal
and interest for all outstanding Bonds, no further payment need be made into the Bond Fund.
Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be
decreased for any issue of Parity Bonds when and to the extent the City has redeemed or
otherwise defeased any Outstanding Parity Bonds.
If there shall be a deficiency in the Bond Fund to meet maturing installments of either
principal or interest, as the case may be, on the Bond, that deficiency shall be made up from
the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has
been depleted, then by draws on the Qualified Insurance or Qualified Letter of Credit for that
purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall
then be made up from Net Revenue first available after making necessary provisions for the
required payments into the Bond Fund. Any money in the Reserve Fund in excess of the
Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for
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the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for any
other lawful Waterworks Utility purpose.
The City may provide for the purchase, redemption or defeasance of Parity Bonds by the
use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining
in those funds is sufficient to satisfy the required deposits in those funds for the remaining
Parity Bonds.
All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the
official bank depository of the City or in any national bank or may be invested in any legal
investment for City funds, but only to the extent that the same are acquired, valued and
disposed of at Fair Market Value. Interest on any of those investments or on that bank account
shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been
accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund.
Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond
Fund or the Reserve Fund, the City also may transfer out of the Bond Fund or Reserve Fund any
money required in order to prevent any Parity Bonds from becoming “arbitrage bonds” under
the Code.
If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts
set forth above, the Registered Owner of any of the outstanding Bonds may bring an action
against the City to compel that setting aside and payment.
(c)Pledge of Revenue and Lien Position. The Net Revenue is hereby pledged to the
payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such
Net Revenue prior and superior to any other charge whatsoever.
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(d)Regarding Sufficiency of Revenues. The Council hereby finds that in fixing the
amounts to be paid into the Bond Fund out of Gross Revenue, it has exercised due regard for
the Maintenance and Operation Expense and has not obligated the City to set aside and pay
into such Fund a greater amount of such Gross Revenue than in its judgment will be available
over and above the Maintenance and Operation Expense.
Section 7. Covenants. The City covenants and agrees with the Registered Owner of the
Bond as follows:
(a)Rate Covenant. It will establish, maintain and collect rates and charges for all
services and facilities provided by the Waterworks Utility which will be fair and
nondiscriminatory, and will adjust those rates and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient to (A) pay all Maintenance
and Operation Expense on a current basis, (B) pay when due all amounts that the City is
obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes,
assessments or other governmental charges lawfully imposed upon the Waterworks Utility or
other revenue therefrom or payments in lieu thereof and any and all other amounts which the
City may now or hereafter become obligated to pay from Gross Revenue by law or contract;
and
(2) Net Revenue in each calendar year will be at least equal to the Coverage
Requirement.
(b)Maintenance and Repair. It will at all times maintain and keep the Waterworks
Utility in good repair, working order and condition and also will at all times operate such Utility
and the business in connection therewith in an efficient manner and at a reasonable cost.
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(c)Disposal of Waterworks Utility. It will not sell, lease, mortgage or in any manner
encumber or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously
with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of
this ordinance.
It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any
part of the Waterworks Utility (other than timber), including all additions and improvements
thereto and extensions thereof at any time made, that are used, useful or material in the
operation of the Waterworks Utility, unless provision is made for the replacement thereof or
for payment into the Bond Fund of the greatest of the following:
(1) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount
of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue
from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to
the total Gross Revenue for that period;
(2) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of
the Waterworks Utility sold or disposed of for the preceding year bears to the total Net
Revenue for that period; or
(3) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the
facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks
Utility immediately prior to such sale or disposition.
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Notwithstanding any other provision of this subsection, (1) the City in its discretion may
sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks
Utility or any real or personal property comprising a part of the same which shall have become
unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks
Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility,
without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks
Utility to another municipal corporation so long as Net Revenue of the portion of the
Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior
to any other purpose. In no event shall such proceeds be treated as Gross Revenue for
purposes of this ordinance.
(d)Books and Records. It will keep proper books, records and accounts with respect
to the operations, income and expenditures of the Waterworks Utility in accordance with
proper accounting procedures and any applicable rules and regulations prescribed by the State.
It will prepare annual financial and operating statements within 270 days of the close of each
fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of
the close of the previous year, and the income and expenses for such year, including the
amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or
accounts created pursuant to this ordinance, the status of all funds and accounts as of the end
of such year, and the amounts expended for maintenance, renewals, replacements and capital
additions to the Waterworks Utility.
(e)No Free Service. Except to aid the poor or infirm, to provide for resource
conservation or to provide for the proper handling of hazardous materials, it will not furnish or
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supply or permit the furnishing or supplying of any service or facility in connection with the
operation of the Waterworks Utility free of charge to any person, firm or corporation, public or
private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual
basis, it will determine all accounts that are delinquent and will take all necessary action to
enforce payment of such accounts against those property owners whose accounts are
delinquent.
(f)Insurance. It at all times will carry fire and extended coverage and such other
forms of insurance, including public liability and property damage insurance, with responsible
insurers and with policies payable to or on behalf of the City and any additional insureds on
such of the buildings, equipment, works, plants, facilities and properties of the Waterworks
Utility, and against such claims for damages, as are ordinarily carried by municipal or privately
owned utilities engaged in the operation of like systems, or will implement and maintain a
self-insurance or an insurance pool program with reserves adequate, in the reasonable
judgment of the City, to protect the Waterworks Utility and the Registered Owners of the Parity
Bonds against loss.
(g)Maintenance and Operation Expense. It will pay all Maintenance and Operation
Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise
meet the obligations of the City as herein set forth.
Section 8. Tax Covenants. The City shall take all actions necessary to assure the
exclusion of interest on the Bond from the gross income of the owners of the Bond to the same
extent as such interest is permitted to be excluded from gross income under the Code as in
effect on the date of issuance of the Bond, including but not limited to the following:
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(a)Private Activity Bond Limitation. The City shall assure that the proceeds of the
Bond are not so used as to cause the Bond to satisfy the private business tests of Section 141(b)
of the Code or the private loan financing test of Section 141(c) of the Code.
(b)Limitations on Disposition of Improvements. The City shall not sell or otherwise
transfer or dispose of (i) any personal property components of the projects refinanced with
proceeds of the Bond (the “Projects”) other than in the ordinary course of an established
government program under Treasury Regulation 1.141-2(d)(4) or (ii) any real property
components of the Projects, unless it has received an opinion of nationally recognized bond
counsel to the effect that such disposition shall not adversely affect the treatment of interest
on the Bond as excludable from gross income for federal income tax purposes.
(c)Federal Guarantee Prohibition. The City shall not take any action or permit or
suffer any action to be taken if the result of such action would be to cause the Bond to be
“federally guaranteed” within the meaning of Section 149(b) of the Code.
(d)Rebate Requirement. The City shall take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such Section is applicable to the
Bond.
(e)No Arbitrage. The City shall not take, or permit or suffer to be taken, any action
with respect to the proceeds of the Bond which, if such action had been reasonably expected to
have been taken, or had been deliberately and intentionally taken, on the date of issuance of
the Bond would have caused the Bond to be an “arbitrage bond” within the meaning of Section
148 of the Code.
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(f)Registration Covenant. The City shall maintain a system for recording the
ownership of the Bond that complies with the provisions of Section 149 of the Code until all
Bond have been surrendered and canceled.
(g)Record Retention. The City shall retain its records of all accounting and
monitoring it carries out with respect to the Bond for at least three years after the Bond
matures or is redeemed (whichever is earlier); however, if the Bond is redeemed and refunded,
the City shall retain its records of accounting and monitoring at least three years after the
earlier of the maturity or redemption of the obligations that refunded the Bond.
(h)Compliance with Federal Tax Certificate. The City shall comply with the
provisions of the Federal Tax Certificate with respect to the Bond, which are incorporated
herein as if fully set forth herein. The covenants of this section shall survive payment in full or
defeasance of the Bond.
(i)Bank Qualification. In the Federal Tax Certificate the City may designate the
Bond as a “qualified tax-exempt obligation” for purposes of paragraph (3) of Section 265(b) of
the Code.
Section 9. Future Parity Bonds. The City reserves the right to issue Future Parity Bonds
if the following conditions are met and complied with at the time of issuance of those
additional bonds:
(a) There shall be no deficiency in any Parity Bond Fund.
(b) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the payment of the principal thereof and interest thereon out of a Parity Bond
Fund.
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(c) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds
of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity
Bonds or (2) Qualified Letter of Credit or Qualified Insurance or an amount plus Qualified Letter
of Credit or Qualified Insurance equal to the increase in the Reserve Requirement attributable
to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into
the Reserve Fund of other legally available money from Net Revenue or Qualified Letter of
Credit or Qualified Insurance on or prior to the date of issuance of such Future Parity Bonds.
(d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide
for the payment of mandatory redemption or sinking fund requirements into the applicable
Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the
payment of the principal of such Term Bonds on or before their maturity, or, as an alternative,
the mandatory redemption of those Term Bonds prior to their maturity date from money in the
applicable Parity Bond Fund.
(e) There shall be on file with the City either:
(1) a certificate of the Administrative Services Administrator demonstrating
that Net Revenue for the Base Period, without regard to deposits into or withdrawals from the
Rate Stabilization Fund, is equal to at least the Parity Requirement; or
(2) a certificate of a Professional Utility Consultant that in such Consultant’s
opinion Net Revenue for the Base Period, as adjusted, without regard to deposits into or
withdrawals from the Rate Stabilization Fund, shall be equal to at least the Parity Requirement.
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The Professional Utility Consultant, in estimating Net Revenue available for debt services, may
adjust Net Revenue to reflect:
(A) Any changes in rates in effect and being charged or expressly
committed by ordinance to be made in the future;
(B) Income derived from customers of the Waterworks Utility who
have become customers during the 12 consecutive month period or thereafter adjusted to
reflect one year’s Net Revenue from those customers;
(C) Income from any customers to be connected to the Waterworks
Utility who have paid the required connection charges;
(D) The Professional Utility Consultant’s estimate of the Net Revenue
to be derived from customers anticipated to connect for whom building permits have been
issued;
(E) Income received or to be received which is derived from any
person, firm corporation or municipal corporation under any executed contract for water,
sewage disposal or other utility service, which revenue was not included in the historical Net
Revenue;
(F) The Professional Utility Consultant’s estimate of the Net Revenue
to be derived from customers with existing homes or buildings which will be required to
connect to any additions to and improvements and extensions of the Waterworks Utility
constructed and to be paid for out of the proceeds of the sale of the additional Future Parity
Bonds or other additions to and improvements and extensions of the Waterworks Utility when
such additions, improvements and extensions are not completed; and
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(G) Any increases or decrease in Net Revenue as a result of any actual
or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the
12-month period.
(f)Refunding Obligations. If Future Parity Bonds proposed to be so issued are for
the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such
certification of coverage shall not be required if the amount required for the payment of the
principal and interest in each year for the refunding bonds is not increased more than $5,000
over the amount for that same year required for the bonds or the portion of that bond issue to
be refunded thereby and if the maturities of such refunding bonds are not extended beyond
the maturities of the bonds to be refunded thereby.
Nothing contained herein shall prevent the City from issuing Future Parity Bonds to
refund maturing Parity Bonds, money for the payment of which is not otherwise available.
(g)Subordinate Lien Obligations. Nothing contained herein shall prevent the City
from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the
payments required to be made therefrom into any Parity Bond Fund.
Section 10. Form of Bond. The Bond shall be in substantially the form set forth in
Exhibit A, which is incorporated herein by this reference.
Section 11. Execution of Bond. The Bond shall be executed on behalf of the City with
the manual or facsimile signature of the Mayor, and shall be attested by the manual or
facsimile signature of the Clerk.
Only such Bond as shall bear thereon a Certificate of Authentication in the form earlier
recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or
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entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive
evidence that the Bond so authenticated has been duly executed, authenticated and delivered
hereunder and is entitled to the benefits of this ordinance.
In case either of the officers who shall have executed the Bond shall cease to be an
officer or officers of the City before the Bond so signed shall have been authenticated or
delivered by the Bond Registrar, or issued by the City, such Bond may nevertheless be
authenticated, delivered and issued and upon such authentication, delivery and issuance, shall
be as binding upon the City as though those who signed the same had continued to be such
officers of the City. The Bond may also be signed and attested on behalf of the City by such
persons who at the date of the actual execution of the Bond, are the proper officers of the City,
although at the original date of such Bond any such person shall not have been such officer of
the City.
Section 12. Right of Prepayment. The City may prepay the Bond at the times, if any,
and in the amounts, if any, set forth in the Bond. If the Bond is prepaid in full, interest shall
cease to accrue on the date such prepayment occurs.
Section 13. Sale of Bond.
(a)Bond Sale. The Council has determined that it would be in the best interest of
the City to delegate for a limited time the authority to request proposals from financial
institutions to purchase the Bond and to approve the final terms of the Bond, as set forth in the
Commitment of the successful respondent. Each Designated Representative is hereby
authorized to solicit proposals to purchase the Bond and each Designated Representative is
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further authorized to select the Bank that submits the proposal that is in the best interest of
the City.
Subject to the terms and conditions set forth in this Section 13, each Designated
Representative is hereby authorized to select the Bank, to designate all or a portion of the
Refunding Candidates as Refunded Bonds, to approve the principal amount, principal payment
dates, dated date, denominations, interest payment dates, redemption/prepayment provisions
and interest rate or rates for the Bond, to accept the Commitment, to agree to any additional
terms and covenants that are in the best interest of the City and consistent with this ordinance,
and to execute the sale of the Bond to the Bank; provided that:
(1) the principal amount of the Bond does not exceed $6,500,000,
(2) the final maturity of the Bond is no later than December 1, 2022,
(3) the Bond is sold at a price not less than 97% and not greater than 105%,
(4) the Bond is sold for a price that results in a minimum net present value
debt service savings over the Refunded Bonds of 4.00%, and
(5) the true interest cost for the Bond does not exceed 3.00%.
(b)Report to Council; Expiration of Authority. Following the sale of the Bond, a
Designated Representative shall provide a report to Council describing the sale and final terms
of the Bond approved pursuant to the authority delegated in this section. The authority
granted to the Designated Representatives by this section shall expire on December 31, 2017.
If the Bond has not been sold by December 31, 2017, the authorization for the issuance of the
Bond shall be rescinded, and the Bond shall not be issued nor its sale approved unless such
Bond shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing
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the issuance and sale of such Bond may be in the form of a new ordinance repealing this
ordinance in whole or in part or may be in the form of an amendatory ordinance approving a
Commitment or establishing terms and conditions for the authority delegated under this
Section 13.
(c)Delivery of Bond; Documentation. Upon the passage and approval of this
ordinance, the proper officials of the City, including the Designated Representatives, are
authorized and directed to undertake all action necessary for the prompt execution and
delivery of the Bond to the Bank and further to execute all closing certificates, agreements, loan
agreements, and documents required to effect the closing and delivery of the Bond in
accordance with the terms of the Commitment.
Section 14. Application of Bond Proceeds; Plan of Refunding.
(a)Refunding Plan. For the purpose of realizing a debt service savings and
benefiting the City’s ratepayers, the Council proposes to refund and defease the Refunded
Bonds as set forth herein. The Refunded Bonds shall include those Refunding Candidates
designated by a Designated City Representative and identified in the Escrow Agreement.
Proceeds of the Bond shall be deposited with the Escrow Agent pursuant to the Escrow
Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as
authorized by the 2007 Bond Ordinance and to pay costs of issuance of the Bond.
The net proceeds deposited with the Escrow Agent shall be used to defease the
Refunded Bonds and discharge the obligations thereon by the purchase of certain Government
Obligations (which obligations so purchased, are herein called “Acquired Obligations”), bearing
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such interest and maturing as to principal and interest in such amounts and at such times
which, together with any necessary beginning cash balance, will provide for the payment of:
(1) interest on the Refunded Bonds due and payable on and prior to the Call
Date; and
(2) the redemption prices of the Refunded Bonds on the Call Date.
Such Acquired Obligations shall be purchased at a yield not greater than the yield
permitted by the Code and regulations relating to acquired obligations in connection with
refunding bond issues.
(b)Escrow Agent/Escrow Agreement. The City hereby appoints U.S. Bank National
Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the “Escrow
Agent”). A beginning cash balance, if any, and the Acquired Obligations shall be deposited
irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The
proceeds of the Bond remaining after acquisition of the Acquired Obligations and provision for
the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and
safekeeping of the Acquired Obligations and expenses of the issuance of the Bond.
In order to carry out the purposes of this Section 14, the Administrative Services
Administrator is authorized and directed to execute and deliver to the Escrow Agent, an Escrow
Agreement.
(c)Call for Redemption of Refunded Bonds. The Designated Representatives are
hereby authorized to set aside sufficient funds out of the purchase of Acquired Obligations
from proceeds of the Bond to make the payments described in Section 14(d).
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The Designated Representatives are hereby authorized to call the Refunded Bonds for
redemption on their Call Date in accordance with the provisions of the 2007 Bond Ordinance
authorizing the redemption and retirement of the 2007 Bonds prior to their fixed maturities.
Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable
after the issuance of the Bond and delivery of the Acquired Obligations to the Escrow Agent.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
2007 Bond Ordinance. The costs of publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the Administrative
Services Administrator, or, at the direction of the Administrative Services Administrator, to the
paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified
in this ordinance. All such sums shall be paid from the moneys and Acquired Obligations
deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such
sums so paid to said Administrative Services Administrator shall be credited to the Refunding
Account, which is hereby authorized to be created. All moneys and Acquired Obligations
deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at
the direction of the Administrative Services Administrator) and applied in accordance with the
provisions of this ordinance and with the laws of the State for the benefit of the City and
owners of the Refunded Bonds.
The City will take such actions as are found necessary to see that all necessary and
proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be
paid when due.
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Section 15. Ongoing Disclosure; Additional Covenants.
(a)Ongoing Disclosure. The Bond is exempt from ongoing disclosure requirements
of the Rule.
(b)Covenants. The City may agree to provide the Bank certain financial or other
information and agree to such additional covenants as determined to be necessary by a
Designated Representative and as set forth in the Commitment and approved by the
Designated Representative pursuant to Section 13.
Section 16. Lost, Stolen or Destroyed Bond. In case the Bond shall be lost, stolen or
destroyed while in the Registered Owner’s possession, the Bond Registrar may at the request of
the Registered Owner execute and deliver a new Bond of like date, number and tenor to the
Registered Owner thereof upon the Registered Owner’s paying the expenses and charges of the
City and the Bond Registrar in connection therewith and upon its filing with the City written
certification that such Bond was actually lost, stolen or destroyed and of its ownership thereof.
In the case the Bond shall be lost, stolen, or destroyed while in the Registered Owner’s
possession, the Registered Owner may elect upon final payment of principal and interest of the
Bond to surrender a photocopy of the Bond for cancellation at the office of the Bond Registrar
together with written certification that such Bond was actually lost, stolen or destroyed and of
its ownership thereof.
Section 17. Contract; Savings Clause. The covenants contained in this ordinance and
in the Bond shall constitute a contract between the City and the Registered Owner of the Bond.
If any one or more of the covenants or agreements provided in this ordinance to be performed
on the part of the City shall be declared by any court of competent jurisdiction and after final
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appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants,
agreement or agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements in this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bond.
Section 18. General Authorization; Ratification of Prior Acts. The Designated
Representatives, the City Clerk, and other appropriate officers of the City are authorized to take
any actions and to execute documents as in their judgment may be necessary or desirable in
order to carry out the terms of, and complete the transactions contemplated by, this ordinance.
All acts taken pursuant to the authority of this ordinance but prior to its effective date are
hereby ratified.
Section 19. Effective Date of Ordinance. This ordinance shall be effective upon its
passage, approval, and thirty (30) days after publication.
PASSED by the City Council this 19th day of June, 2017.
Jason A. Seth, CMC, City Clerk
APPROVED BY THE MAYOR this 19th day of June, 2017.
Denis Law, Mayor
Approved as to form:
Pacifica Law Group LLP
Bond Counsel
Date of Publication: ___________________
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Exhibit A
Form of Bond
TRANSFER RESTRICTED
THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED
(THE “SECURITIES ACT”), AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY STATE OR
JURISDICTION, THIS BOND IS SUBJECT TO CERTAIN TRANSFER RESTRICTIONS AS PROVIDED IN
THE BOND ORDINANCE DESCRIBED BELOW AND MAY NOT BE RESOLD, PLEDGED OR
OTHERWISE TRANSFERRED EXCEPT PURSUANT TO THE TERMS THEREOF.
UNITED STATES OF AMERICA
NO. R-1 $____________
STATE OF WASHINGTON
CITY OF RENTON
WATER AND SEWER REVENUE REFUNDING BOND, 2017
INTEREST RATE: _____%
MATURITY DATE: ____________, 20[__]
REGISTERED OWNER: ______________________
PRINCIPAL AMOUNT: ________ MILLION AND NO/100 DOLLARS
The City of Renton, Washington, a municipal corporation organized and existing under
and by virtue of the laws of the State of Washington (herein called the “City”) hereby
acknowledges itself to owe and for value received promises to pay, but only from the sources
and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on
the Maturity Date identified above, the Principal Amount indicated above and to pay interest
thereon from the date of delivery, or the most recent date to which interest has been paid or
duly provided for, at the Interest Rate set forth above (the “Interest Rate”). Interest on this
bond shall accrue from its dated date until paid and shall be computed per annum on the
principal amount outstanding on a 30/360 basis. Principal of and accrued interest on this bond
shall be payable on the dates set forth in the payment schedule attached hereto.
Both principal of and interest on this bond are payable in lawful money of the United
States of America. Principal and interest on this bond shall be payable by check or warrant or
by other means mutually acceptable to the Registered Owner and the City. Upon final payment
of principal and interest of this bond, the Registered Owner shall surrender this bond for
cancellation at the office of the Bond Registrar in accordance with Ordinance No. __________
of the City (the “Bond Ordinance”). Reference is made to the Bond Ordinance and any and all
modifications and amendments thereto for a description of the nature and extent of the
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security for this bond, the funds or revenues pledged, and the terms and conditions upon which
such bond is issued.
This bond is being issued for the purpose of refunding certain outstanding water and
sewer revenue bonds of the City and paying costs of issuance of the bond.
The City may prepay this bond [insert prepayment terms]. [Any such prepayment may
be subject to a prepayment fee.]
This bond has been designated by the City as a “qualified tax-exempt obligation” within
the meaning of Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”).
This bond is payable solely from the Bond Fund and the Reserve Fund. The City has
irrevocably obligated and bound itself to pay into the Bond Fund out of the Net Revenue or
from such other moneys as may be provided therefor certain amounts necessary to pay and
secure the payment of the principal and interest on this bond. This bond is not a general
obligation of the City, the State or any other political subdivision.
The City does hereby pledge and bind itself to set aside from the Waterworks Utility
Fund out of the revenue of the Waterworks Utility and to pay into the Bond Fund and the
Reserve Fund the various amounts required by the Bond Ordinance to be paid into and
maintained in such Funds, all within the times provided by the Bond Ordinance. To the extent
more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the
Waterworks Utility Fund out of the revenue of the Waterworks Utility into the Bond Fund shall
be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the
amounts required to pay and secure the payment of the Outstanding Parity Bonds and any
revenue bonds of the City hereafter issued on a parity with the bond and superior to all other
liens and charges of any kind or nature except Maintenance and Operation Expense.
[insert transfer provisions, if any]
This bond is issued under and in accordance with the provisions of the Constitution and
applicable statutes of the State of Washington and duly adopted ordinances of the City. The
City hereby covenants and agrees with the owner of this bond that it will keep and perform all
the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and
reference is hereby made to the Bond Ordinance for a complete statement of such covenants.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon
shall have been manually signed by the Bond Registrar.
It is hereby certified that all acts, conditions, and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done, and performed
precedent to and in the issuance of this bond have happened, been done, and performed.
AGENDA ITEM #7. e)
A-3-
10018 00011 ge17ct42hq
IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be
signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or
manual signature of the City Clerk, all as of this _____ day of ____________, 2017.
CITY OF RENTON, WASHINGTON
[SEAL]
By /s/ facsimile or manual
Mayor
ATTEST:
/s/ facsimile or manual
City Clerk
REGISTRATION CERTIFICATE
This bond is registered in the name of the Registered Owner on the books of the City, in
the office of the Administrative Services Administrator of the City (the “Bond Registrar”), as to
both principal and interest, as noted in the registration blank below. All payments of principal
of and interest on this bond shall be made by the City from the Bond Fund.
Date of
Registration
Name and Address of
Registered Owner
Signature of
Bond Registrar
__________ __, 2017 ______________________
Administrative Services
Administrator
PAYMENT SCHEDULE
Principal and interest on this bond shall be payable as set forth in the following
schedule:
Date Principal Interest Total Payment
AGENDA ITEM #7. e)
10018 00011 ge17ct42hq
CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washington
(the “City”), DO HEREBY CERTIFY:
1. The attached copy of Ordinance No. ________ (the “Ordinance”) is a full, true
and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on June 19, 2017, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect after publication in
the City’s official newspaper as provided by law; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage
of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2017.
Jason A. Seth, CMC, City Clerk
AGENDA ITEM #7. e)
AB - 1920
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: Quendall Terminals Development Agreement and Land Use Decisions
RECOMMENDED ACTION: Refer to Committee of the Whole
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Vanessa Dolbee, Current Planning Manager
EXT.: 7314
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The proponents for the Quendall Terminals land use application have requested the City approve Master Site
Plan, Binding Site Plan, a Shoreline Permit, and a Development Agreement for the construction of a mixed -use
development located at 4350 Lake Washington Blvd. The site is 21.46 acres and is zoned
Commercial/Office/Residential (COR). The Enhanced Alternative would contain 692 residential units, 42,190
square feet of commercial uses (retail and restaurant), 1,352 parking spaces, and 12.9 acres of parks /open
space.
A Public Hearing was held by the Hearing Examiner on April 18, 2017 for both the land use permits and the
development agreement. Following the public hearing, the Hearing Examiner issued a recommendation to
Council on May 9, 2017. The Hearing Examiner recommends that Council approve the applications, subject to
the conditions identified in his decision. It is also recommended by the Hearing Examiner that Council approve
the proposed development agreement, subject to the modifications recommended in Conclusion of Law No.
2(B).
EXHIBITS:
A. Hearing Examiner Recommendation
B. Hearing Examiner Exhibits
C. Draft Resolution
D. Development Agreement
STAFF RECOMMENDATION:
Approve the land use applications (Master Site Plan, Binding Site Plan, and Shoreline Permit), subject to the
conditions in the Hearing Examiner's decision. Additionally, authorize the Mayor and City Clerk to execute a
development agreement between the City of Renton and Quendall Terminals.
AGENDA ITEM #7. f)
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2
3
4
5
6
7
g
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
9
10 Quendall Terminals
RECOMMENDED FINDINGS OF FACT,
I 1 Master Plan, Binding Site Plan, Shoreline and
CONCLUSIONS OF LAW AND
RECOMMENDATION
IZ Substantial Development Permit
13 LUA09-151, ECF, EIS, SA-M, SM
14
I S Summary
16 The applicant has requested approval of Master Plan Review, Binding Site Plan, Shoreline
17 Substantial Development Permit and a Development Agreement for a mixed-use development
located at 4350 Lake Washington Blvd. The project includes 692 dwelling units, 42,190 sq. ft.
lg of commercial uses [retail and restaurant], 1,352 parking spaces and 12.9 acres of parks/open
space. It is recommended that the City Council approve all permit applications and the
19 development agreement.
20
The applicant and staff have undergone a monumental effort in assuring that the proposed
21 development is compatible with surrounding uses and sensitive to the environmental constraints
of its challenging location. Since the applicant first filed his applications on November 18, 2009,
22 the project has been transformed from a proposal involving 800 dwelling units, 245,000 syuare
feet of office space and 30,600 square feet of retail/restaurant to the current proposal of no office
23 space and 108 less dwelling units. In order to enhance shoreline access,open spaces,landscaping,
24 view corridors and transportation improvements, staff have imposed 137 mitigation measures
composed of 46 recommended in the staff report and 91 resulting from the environmental review.
25 The Draft Environmental Impact Statement and Draft Environmental Impact Statement
Addendum drew 88 comment letters and the Final Environmental Impact Statement was
26 appealed. By the date of the April 18,2017 hearing,the appeal had been withdrawn and only five
members of the public appeared to testify. Two of the speakers, neighbors, spoke in favor of the
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
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project.
2
One of the primary reasons that permit processing has taken almost eight years is because the
3 project site is an Environmental Protection Agency ("EPA") superfund site. The project site is
the location of a former creosote manufacturing facility that operated from 1917 to 1969. In the4
past, coal tars and creosote have contaminated soil, groundwater, surface water and lake
5 sediments. The EPA is conducting a remedial investigation and feasibility study to better
understand the type and amount of contamination to develop a cleanup plan. The EPA's process
is a separate process then the City's land use review. Currently the site is vacant. However, the
City worked with the EPA to define the baseline assumptions that would result from the cleanup
action specified in the final cleanup remedy. These same baseline assumptions are being used
g to evaluate the Binding Site Plan, Master Site Plan and Shoreline Permit. Remediation is
anticipated to include remediation of hazardous substances in lake sediments and in some of the
9 upland portions of the site, including placement of a soil cap across the project site and shoreline
restoration in a 100-foot shoreline buffer. Potential impacts associated with cleanup/remediation
10 activities will be addressed through the separate EPA process. The analysis of the subject land
use permits assume a site after remediation has been accomplished.
11
12 EPA work is continuing and well justifies the need for the proposed development agreement since
the remediation work will continue to significantly add to the time necessary to develop the
13 Project. The primary benefit to the applicant in the development agreement is extending permit
expiration from five years to ten to fifteen years with associated vesting of development standards
14 during the extended eXpiration period. The expiration periods for the three permit applications is
two to five years without the development agreement. In exchange for the extended expiration
15 periods and associated vesting, the developer is offering the addition of 1.3 acres of public park
16 space at the southwest corner of the project site; additional retail/restaurant/office space and street
activation (fountains, artwork, etc.); either a public dock/pier and/or an alternative approved by
1 the Environmental Protection Agency (EPA)to allow for public access to Lake Washington; and
a SEPA transportation re-evaluation requirement at 5 year increments. The development
18 agreement amenities will add retail space to the waterward side of the project, enhancing the
function of a shoreline trail proposed for that area.
19
20 The two largest impacts of the proposal (recognizing that EPA is handling remediation)are traffic
and view impairment. The proposal is estimated to generate 5,829 daily, 435 AM peak hour and
21 545 PM peak hour vehicular trips at full buildout. The project site is located next to I-405 and
NE 44th street interchange, which currently operates poorly. WSDOT has a funded project to
22 improve and widen it. Traffic impacts were assessed with and without the completion of the
WSDOT improvement project. The focus of the analysis is to have persons travelling to the23projectusetheinterchangeinsteadofCitystreets. The WSDOT project is slated to commence in
24 2019 and to be completed in 2024. However,the actual time frame is not certain so it's necessary
to assess a scenario where ti e WSDOT project won't be completed. Without the WSDOT project,
25 off-site improvements will necessitate channelization of north and southbound ramp intersections.
As to the frontage, Lake Washington Boulevard will be widened and these improvements will
26 have to be coordinated with the WSDOT interchange project. To the south of the project, traffic
calming treatments will be placed south of 41st to discourage long distance travel along that
MASTER PLAN, BiNDING SITE PLAN, SSDP and DA
2
AGENDA ITEM #7. f)
1
corridor. Increased use of these City streets was a concern raised by a couple people testifying at
2 the hearing on the proposal. The applicant's traffic engineer testified that the off-site mitigation
will effectively prevent people from using City streets to the south as opposed to I-405. Even
3 with the current congestion, according to the project engineer, it's still faster to use I-405 than the
4 City streets to the south of the project.
5 View impacts were extensively addressed in both the Draft Environmental Impact Statement and
the Draft Environmental Impact Statement Addendum. There is little question that the multiple
six story buildings will partially impair the water views of residents of the Kennydale
neighborhood. However, the maximum building proposed building height is 64 feet and the
applicable COR zone authorizes heights of 125 feet. The adjoining Seahawks facility has a
g building that is 115 feet in height. To mitigate the view impacts,the proposal includes a widened
central road(Road B)to serve as a Lake Washington view corridor and also setbacks to adjoining
9 properties to the north and south that significantly exceeds applicable setback reyuirements.
10
Testimony
11
Note: This summary should not be considered a part of the Examiner's Recommendation. It is solely1 provided for the convenience of the reader,for an overview of testimony. Nothing in this summary
13
should be construed as a Finding of Fact or Conclusion of Law, or sign ing any priority or
importance to the comments of any ind vidual. No representations are made as to accuracy. For an
14 accurate rendition of the testimony, the reader is referred to the recording of the hearing.
15 Staff Opening Presentation:
6 Vanessa Dolbee, City of Renton Planning Manager, summarized the staff report. In response to
1 examiner questions, Ms. Dolbee stated that as shown in Ex. 23,the City Council expressly authorized
the hearing examiner to hold the public hearing on the binding site plan on their behalf on April 4.
1 g Ms. Dolbee noted that the examiner is only making a recommendation on the development agreement.
Ms. Dolby noted that through the development agreement the applicant is requesting an extended time
19 frame for development in exchange for enhanced benefits. Ms. Dolbee noted that depictions of the
site in the PowerPoint are only artistic renderings of what the project site will generally look like and20thatprecisedetailsofdesignwillbereviewedandapprovedduringsubsequentsiteplanreview. The
21 heights of the proposed buildings are tiered with the tallest buildings oriented towards the center and
north of the project.
22
The development agreement gives the applicant an extended time frame for development (ten to
23 fifteen years instead of five years) in exchange for project enhancements, hence the proposal is now
referred to as the "enhanced alternative." The development agreement allows transportation to be re-24
evaluated every five years. The development agreement vests the development as of February 10,
25 2010 for the term of the agreement. The term of the development agreement starts the earlier of either
when the City approves the permit applications or when the Environmental Protection Agency
26 ("EPA") issues a Record of Decision ("ROD"). There's an option to extend the term from ten to
fifteen years. The enhancements include a 1.3-acre park, public access to the lake that is ideally a
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
1
dock or pier dependent upon the EPA ROD, added retail space and street activation such as fountains.
2 The site is a former creosote facility and was subseyuently designated a superfund site. The EPA will
be issuing a ROD for the clean-up of the site. In order to review the project, the City had to ascertain3howtheprojectsitewouldbeconfigured ("baseline assumptions") as a result of the clean-up effort.
In that regard, the City had to work with EPA to ascertain the baseline assumptions. The baseline4
assumptions include remediation of shoreline and upland soils, a soil cap and a 100-foot shoreline
5 buffer. The City's review is based upon the assumption that there is no contaminated soil and that the
clean-up has been completed as required by the EPA.
6
There are a total of 64 conditions imposed upon the project. The conditions defer a lot of review to
site plan review, particularly for design review. Conditions 20 and 21 address perimeter setbacks.
g There is a 100-foot setback from the ordinary high water mark, a 40-foot setback from Barbee Mill
and a 38-foot setback from tt e Seahawks training facility to the north. There is a 70-foot view corridor
9 width for Road B and an 80-foot view corridor width for the semi-private plaza spaces. Pursuant to
Condition 27, Lots 1 and 6 are designed to accommodate the re-created critical areas required by the
10 EPA Record of Decision. If the lots don't have sufficient area for the critical areas,they proposal will
have to be amended. Condition 41 requires a fire lane along the lake side of the project and a looped11Waterline. The buildings will have to be shifted south to accommodate this requirement.
12
In response to examiner questions, Ms. Dolbee noted that staff doesn't consider a re-opening of the
13 hearing in response to denial of the development permit to be a second hearing prohibited by the
Regulatory Reform Act, but rather a continuation of the same hearing. Further, staff leaves it to the
14 discretion of the examiner on whether his review of the master plan, shoreline permit and binding site
plan is a recommendation to the City Council as opposed to a final decision appealable to the CityISCouncil.
16
Applicant Presentation:
17
Ann Gygi, Applicant's attorney, identified the permits subject to review and the vested regulations.
18 She noted that no shoreline variance or shoreline conditional use permit is required for the project.
She noted the hearing consolidates the master plan, binding site plan and shoreline permits. The19applicanthastheburdenofproofinestablishingconsistencywithdecisioncriteria. The examiner is
20 also holding a hearing on the development agreement and the City Council will make the final decision
on the development agreement. The project includes public benefit enhancements that far exceed
21 minimum requirements in exchange for extended development review under the development
agreement.
22
Robert Cugini, applicant, testified that he is part of a joint venture that owns the Quendall terminal23
property. His family jointly purchased the property in 1971. It was initially used as a log storage
24 yard. His family did not cause the contamination of the site. The contamination was caused by the
prior creosote operation. His family had redeveloped the Barbee Mill property and had also owned
25 the Seahawks property to the north. The ownership group wholeheartedly supports the development
agreement. The challenge of working with both the EPA for the clean-up and the City for permit
26 review has taken years and a development agreement is needed to ensure that the project and
remediation can be completed prior to permit expiration.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
1
2 Larry Toedtli, project engineer, noted that the project has been subject to extensive transportation
mitigation, including both on and off-site roadway improvements, a transportation demand
3 management program designed to reduce trip generation, payment of transportation impact fees, and
compliance with City concurrency regulations. The project site is located next to the I-405 and NE444thstreetinterchange, which currently operates poorly. The Washington State Department of
5 Transportation ("WSDOT") has a funded project to improve and widen it. Traffic impacts were
assessed with and without the completion of the WSDOT improvement project. The focus of the
analysis is to have persons travelling to the project using the interchange instead of City streets. The
WSDOT project is slated to commence in 2019 and to be completed in 2024. However, the actual
time frame is not certain so it's necessary to continue a scenario where the WSDOT project won't be
g
completed. Without the WSDOT project, off-site improvements will necessitate channelization of
north and southbound ramp intersections. As to the frontage, Lake Washington Boulevard will be
9 widened and these improvements will have to be coordinated with the WSDOT interchange project.
To the south of the project, in order to minimize southern traffic, traffic calming treatments will be
10 placed south of 415 to discourage long distance travel along that corridor. Mr. Toedtli has concluded
that the off-site mitigation will effectively prevent people from using City streets to the south as11opposedtoi-405. Even with the current congestion, it's still faster to use I-405 than the southern City
IZ
streets. On-site streets will have curb, gutter and sidewalk, and transit and trail access. The
transportation demand management program is typical of large projects. It identifies site features and
13 programs to reduce reliance upon single-occupant vehicles. The demand management plan should
effectively reduce traffic, especially given the concentrated residential development, which makes it
14 easier to facilitate demand management strategies. The City issued a transportation concurrency
certificate in March 2016. The certificate determined that the City's transportation system has15adequatecapacitytoservethedevelopment. Mr. Toedtli has performed transportation engineering
6
for more than 35 years. The volume and quality of transportation mitigation is at the higher end of
mitigation he's seen required of development projects, in part due to the extensive transportation
17 information available to the City, such as the work associated with the I-405 WSDOT interchange
improvements. The mitigation should be very effective in off-setting traffic impacts.
18
Bob Wells, project architect, testified that he has been on the architect team since 2009. For the last19twoyears, he's been the lead architect in finalizing the enhanced alternative. Project design has been
20 geared towards meeting Renton comprehensive plan and design regulation requirements since the
beginning. Key features directed at meeting design standards includes the proposed mix of retail and
21 restaurant use, view corridors, and centralized parking in the ground floors of the buildings. A
pedestrian environment is created via features such as Street B, the main street, which is pedestrian
22 oriented with sidewalks wider than required, street trees, canopies, prime retail on both sides of the
street and at the west end there's a plaza with restaurants. If you were walking down Street B towards23
the water, you would see retail at the ground floor and residential units above with lobby entries with
24 Lake Washington in the foreground. The restaurant and retail uses are functionally integrated into the
project design. The design creates a sense of place due to the scale and location. Not many projects
25 have a promenade and private park. Those types of amenities make it a pedestrian friendly
environment. The project is consistent with the City's design standards.
26
Campbell Mathewson,project manager, submitted the applications subject to the hearing. The master
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
1
plan application encompasses the entire project including building design at a high level, circulation,
2 landscaping and recreation areas. Further refinement will be reviewed during future site plan. The
binding site plan includes detailed grades and lot area etc. for building development. The shoreline
3 permit is required for the development within shoreline jurisdiction. The project was put on hold for
4 a year while working on baseline conditions with the EPA and the City. The EPA review is subject
to its own public comment period. The applications were submitted in 2009. The original project was
5 800 dwelling units,245,000 square feet of office space in two six story buildings as you came into the
project and about 30,000 square feet of retail space. As part of the SEPA process the applicant met
6 with the Barbee Mills and Kennydale Neighborhood homeowner associations, separate members of
the public and the Seahawks. Through that process ended with a preferred alternative that was
significantly reduced in scale and scope that went from 800 units to 692 units. The 245,000 square
g feet of office space was completely eliminated, which significantly reduced parking and traffic
impacts. The buildings were moved back and the number of floors were reduced. A year ago, the
9 applicant was ready to move forward with the preferred alternative along with a staff recommendation
of approval. However,the applicant then wanted more time to digest the recommendations in the staff
10 report. This resulted in the request for a development agreement, which in turn lead to the waterfront
retail and the public park along the southwest corner of the site and the potential for a new dock. The
1 buildings were also set back another 20 feet Mr. Mathewson is familiar with the City's zoning
12
regulations and the project is consistent with those standards. The project could have included
buildings 12 stories in height with millions of more square feet, but it has been paired down to be
13 compatible with surrounding development and to address the concerns raised in the SEPA review.
Landscaped setbacks, drive lanes and surface parking are used to provide separation from adjoining
14 uses. The project significantly exceeds required setbacks. The setbacks are at a minimum of 90 feet
from the Seahawks and 120 feet from Barbee Mills.
15
16
As to recreational demand and livability, Mr. Mathewson noted about 60% of the site is open space
for the enhanced alternative, compared to 50% for the preferred alternative. There are courtyards
1 between residential blocks,pedestrian orientation in design,added retail use and restaurants and trails.
The applicant will also be paying park impact fees and will also be providing the 1.3-acre public park.
18 The retail uses will flair out along the water side of the development. The public benefits provided by
the proposal include taking a former polluted industrial site and putting it to productive use for the19firsttimeindecades. A third of a mile of shoreline will now be open to the public. The restaurants
20 and park is also added public benefit. The applicant is prepared to abide by conditions recommended
in the 2016 staff report as revised by the April 11, 2017 memo to the hearing examiner. The Barbee
21 Mill project had a ten-year development agreement. Part of the benefit to the public from the
development agreement was the waterside retail that would activate the waterside promenade and the
22 1.3-acre park that would replace surface parking and the potential for a dock. The development
agreement also provides for a review of transportation impacts at year five.
23
24 Pubiic Comments:
25 Gary Pipkin, neighbor, has lived close to the project site for 29 years. He has four areas of concern.
He believes that Lake Washington Boulevard should remain a 25-mph hour scenic drive. It currently
26 has to twelve-foot wide traffic lanes and needs to remain that way to maintain its scenic drive
characteristics. Lake Washington Boulevard West used to be the same thing. Last year it was changed
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
1
to a 30-mph speed limit and as a result has completely lost is scenic drive character. People are going
2 between 35 and 40 most of the time even though the lanes are still 12 feet wide. If lanes are widened
as proposed, then control of traffic is completely lost. His second concern is the buildings. He noted
3 that at four stories the water views of property owners in the lower Kennydale area is limited to a little
4 bit of water and then Mercer Island. Anything more than four stories completely eliminates any view
of the water. There is no view left with six stories. The development will appear to be a big box
5 entirely blocking shoreline views unless your property is parallel to the view corridors. The third
issue, access roads, is great as shown in the renderings. The only other access that would work would
be direct access off of 44th into a traffic light controlled entry into the area. The fourth issue, public
access from the shoreline, should include both a boat dock and a seaplane dock.
7
g Julie Varon, neighbor from Barbee Mill, appreciated the large 120 foot buffers. She also appreciated
the enhancement efforts at beautification. She would like more effort to be made to masque the
9 parking areas. As to traffic, she agrees that Lake Washington Boulevard shouldn't be widened. She
also felt that apartments should be located in the project since it's a mixed-use site and she doesn't
10 want it to be an elitist area.
11 Sherrie Cline, neighbor from Barbee Mill, testified that she abuts the project. Her family and
2 grandchildren visit her all the time. She wants the project to get completed so the contamination can
be cleaned up as quickly as possible.
13
Mark Hancock, Kennydale neighbor and a real estate developer, spoke in support of the development
14 agreement and enhanced alternative. He believes it's a great compromise between the needs of the
applicant and that of neighbors. He feels staff has done a great job in representing the interests of15residentsandalsothatthedeveloperhasbeenveryaccommodating.
16
Len Reid, neighbor from Barbee Mill, noted that a park and ride and a public trail will be built near
1 the project site. He was concerned about traffic conflicts caused by these facilities, including bicycle
safety. He was also concerned that contaminated soils could be displaced towards Barbee Mills during
18 pile driving and that the pile driving would also cause noise and vibration impacts.
19 Staff Rebuttal:
20
In staff rebuttal, Ms. Dolbee noted that it was unclear whether the written comment from Mr. Taylor
21 was for the subject project or for the dredging project that was being reviewed separately that day, so
to cover all bases Mr. Taylor's comments were being submitted for both hearings. As to view impacts,
22 a view analysis was conducted for the project and the resulting mitigation recommendations were
implemented in the mitigation document. Pile driving impacts were addressed in the EIS and the23
recommended mitigation measures were incorporated into the mitigation document. As to soil
24 contaminants being moved with pile driving,the EPA will be addressing that issue. As to the aesthetic
impacts of parking, a condition of approval requires landscape screening of those portions of the
25 parking garage that don't contain retail, office or lobby entrance spaces. The design standards also
require further aesthetic buffering during site plan review. ln response to examiner questions, Mr.
26 Dolbee explained that the enhanced alternative will improve upon shoreline views of the parking
structure because it will be moved back and retail space will be placed in front of it.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
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Applicant Rebuttal:
2
Tim Flynn, project lead on site clean-up, testified that EPA will require detailed health and safety
3 plans and these plans will ensure that neighboring properties aren't subject to any contamination as a
result of the clean-up effort or redevelopment of the project site.4
5 In closing statements, Ms. Gygi noted that the EIS process has taken six years and has brought about
a significant reduction in scale and scope of the project and generated a broad range of mitigation
measures. The project includes a thorough 2016 staff report along with a 2017 update for the enhanced
alternative showing compliance with all applicable criteria. The applicant has agreed to all conditions
of approvaL Mr. Toedtli testified that in his 35 years of transportation experience, the project is one
g of the most thoroughly mitigated he has encountered. The environmental review committee has found
the traffic impacts to be adequately mitigated. The project architect testified that the proposal meets
9 and exceeds the design criteria as applicable to the master plan stage of review. The proposal provides
for public access and use of shoreline areas. The development is only required to have 25 foot setbacks
10 and far exceeds that minimum standard with a minimum of 120 feet for the residential side of the
project.
11
12
Exhibits
13
Exhibits 1-18 identified at page 2 of the April 11, 2016 Staff Report and Exhibit 19-23 identified at
14 page 2 of the April 11, 2017 Memorandum to Hearing Examiner were entered during the April 18,
15 2017 public hearing. In addition,the following documents were admitted during the April 18, 2017
public hearing as well:
16
Exhibit 24 Email from Examiner to Staff dated April 17, 2017
17 Exhibit 25 Email from Fred Warnock dated April 16, 2017
Exhibit 26 Email from Charles Taylor dated April 15, 2017
g Exhibit 27 City of Renton COR maps and GIS data
19
Exhibit 28 Google Maps
Exhibit 29 City of Renton power point
20 Exhibit 30 Notebook dated April 18, 2017 "Vested Development Regulations"
Exhibit 31 Notebook dated April 18, 2017 "Supplemental Applicant Exhibits"
21 Exhibit 32 Aerial Photograph with artist rendering of project site
Exhibit 33 Larry Toedtli CV
22 Exhibit 34 Bob Wells Resume
23
Exhibit 35 Lance Mueller Resume
Exhibit 36 Street B rendering
24 Exhibit 37 June 6, 2016 Site Plan P1.0
Exhibit 38 June 1, 2016 Site Plan P0.0
25 Exhibit 39 April 3, 2017 City Council Agenda Bill for Consolidation of Development
Agreement with Land Use Applications
26
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
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2
3
FINDINGS OF FACT
4
Procedural:
5
6
1. Ap licant. Campbell Mathewson, Century Pacific, L. P., 1201 Third Ave, suite 1680, Seattle,
WA, 98101
7
g
2. Hearin. A hearing was held on the subject applications on April 18, 2017 at 10:00 am in the
City of Renton Council Chambers. The record is left open to consider additional evidence as necessary
9 if the proposed development agreement is denied or modified by the City Council.
10
Substantive:
11
3. Project and Site Descri tpion. The applicant has requested approval of Master Plan Review,
12 Binding Site Plan, Shoreline Substantial Development Permit and a Development Agreement for a
mixed-use development located at 4350 Lake Washington Blvd.
13
14
A. ProposaL The 21.46-acre site would be divided into 7 lots of which 4 would contain mixed-
use buildings.The proposal would include 692 residential units(resulting in a net residential
15 density of 40.95 units/acre), 42,190 sq. ft. of commercial uses [retail and restaurant], 1,352
parking spaces and 12.9 acres of parks/open space. All buildings are designed to be
16 constructed as 3 — 5 stories over one parking/commercial level with a maximum building
height of 64 feet. The applicant has proposedl to dedicate 3.65 acres for public right-of-
1 way, which would provide access to the 7 proposed lots. Access to the site is proposed via
1 g
the development of new internal Roads A— E. The primary site access from public streets
is proposed at two locations, one from N 42nd Place and a second from Ripley Lane
19 Seahawks Way). The site contains approximately 0.81 acres of wetlands and 1,583 linear
feet of shoreline along Lake Washington. It is anticipated that approximately 53,000 —
20 133,000 cubic yards of fill would be imported to the site. The proposed development
agreement will extend the expiration period of the project from five years to ten to fifteen
21
years. In exchange for this amenity, the applicant will provide 1.3 acres of public park
22 space, additional retail/restaurant/office space and street activation (fountains, artwork,
etc.), and a public dock/pier and/or an alternative approved by the EPA to allow for public
23 access to Lake Washington. The applicant's binding site plan application was deemed
complete by City staff on its submittal date of February 10, 2010.
24
25
26 '
The conditions of approval require all internal streets to be private.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
9
AGENDA ITEM #7. f)
1
B. Site Conditions/Superfund Desi nation. The subject site has received a Superfund
2 designation from the U.S. Environmental Protection Agency (EPA). The property owners
are currently working on a remediation plan with EPA. The applicant is proposing to begin
3 construction after the EPA has issued a Record of Decision(ROD) identifying a remedy for
clean-up. The anticipated date of this decision is unknown at this time.4
5 The project site is the location of a former creosote manufacturing facility that operated
from 1917 to 1969. In the past coal tars and creosote have contaminated soil, groundwater,
6 surface water and lake sediments. Based on this history in 2005 the Department of Ecology
transferred the oversight of the Quendall Terminals environmental clean up to the EPA,
which designated the project site a Superfund site. The EPA is conducting a remedial
g investigation and feasibility study to better understand the type and amount of
contamination and develop a cleanup plan. This work is being conducted under the
9 Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA; i.e.
Superfund). The EPA's CERCLA process is separate from the City's land use review.
10 Currently the site is vacant. However,the City worked with the EPA (Exhibit 15)to define
the baseline assumptions that would result from the CERCLA cleanup action specified in
I 1 the final cleanup remedy. These same baseline assumptions are being used to evaluate the
IZ Binding Site Plan, Master Site Plan and Shoreline Permit (see Exhibit 2, DEIS Chapter 2,
for more details on the baseline assumptions). CERCLA remediation is anticipated to
13 include remediation of hazardous substances in lake sediments and in some of the upland
portions of the site(Main Property), including placement of a soil cap across the entire Main
14 Property and shoreline restoration in a 100-foot shoreline buffer. Potential impacts
associated with cleanup/remediation activities will be addressed through the separate EPA
15 process and the subject land use permits assume a site after remediation has been
16
accomplished.
i C. Environmental Review/"Enhanced" verses "Preferred" Alternatives. The environmental
impacts of the proposal were thoroughly assessed in a final environmental impact statement
18 FEIS"), Ex. 2, issued on August 31, 2015. The mitigation measures recommended from
the environmental review were compiled into 91 conditions comprising the Mitigation19Document, Ex. 2. Compliance with the conditions of the Mitigation Document is
20 recommended as a condition of approval. Prior to the addition of enhancements proposed
for the development agreement, see FOF No. 3(A), the "Preferred Alternative" assessed in
21 an DEIS Addendum, Ex. 2, served as the applicant's development proposal. The preferred
alternative was the project reviewed in the April 2016 staff report. With the addition of the
22 development agreement enhancements, the proposal is now referenced by staff and the
applicant as the "Enhanced Alternative." City staff determined in the Quendall Terminals23EnvironmentalConsistencyAnalysis, Ex. 21, that the Enhanced Alternative is within the
24 range of development and probable environmental impacts analyzed in the 2010 through
2015 SEPA review of the Quendall terminals project, and no additional mitigation measures
25 are required beyond those identified in the 2015 FEIS and 2015 Mitigation Document.
Consequently,the staff report's review of project impacts for the preferred alternative in the
26 April 2016 staff report is applicable to the impacts of the currently proposed "Enhanced
Alternative". This recommendation identifies the "Enhanced Alternative" synonymously
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
10
AGENDA ITEM #7. f)
1
with the "proposal".
2
4. Surroundin Uses. The project site fronts Lake Washington to the west. Adjoining to the north
3 is the Seahawks training facility and adjoining to the south is the Barbee Mill Development. To the
east is the King County East Side Rail Corridor, Ripley Lane(Seahawks Way) right of way, I-405 and4undevelopedCORzonedproperty.
5
5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the
project. Environmental impacts have been analyzed and mitigated in detail in a Final Environmental
Impact Statement,Environmental Consistency Analysis and a Mitigation Document, Ex. 2. The most
significant impacts are individually addressed as follows:
g A. Critical Areas. As conditioned, the proposal is designed to comply with the City's critical area
9 regulations. Consequently, it is determined that the proposal will not create significant adverse
impacts to critical areas.
10
The project site is mapped with sensitive slopes, seismic hazards,and wetlands on the City Critical11AreasMapandislocatedwithintheshorelinejurisdictionofLakeWashington.Due to the baseline
12 assumptions described above under FOF 3(B) it is anticipated the only remaining critical areas
would be seismic hazards following cleanup. Wetland and shoreline restoration would be located
13 in the 100-foot shoreline setback. The outcome of the EPA's ROD would specifically identify the
extent and design of the retained/reestablished and/or expanded wetlands and critical areas on the
14 project site. Mitigation Measure B4, Ex. 2, prohibits the proposal from adversely affecting the
recreated wetlands and/or their buffers. Once the ROD has been issued and recreated wetlands
15 and other critical areas are known, the proposed impacts to these areas will be specifically
16 reviewed at the time of site plan review for compliance with critical areas regulations. The DEIS
assumes wetland buffer averaging would be used to ensure no impacts of wetland buffers on
1 adjacent properties as a result of habitat restoration. The site-specific site plan review should
include an analysis of the wetland buffer averaging criteria and the project compliance with the
18 criteria if buffer averaging is used. If the ROD results in the project's inability to comply with the
critical area regulations as currently designed and assumed in the baseline conditions (i.e. the
19 buffers of the recreated wetlands cannot be averaged within proposed lots 1 and 6),Recommended
20 Condition of Approval ("COA") No. 27 requires Lots 1 and 6 shall be increased to ensure
compliance with the critical areas regulations and ensure that all wetlands and associated buffers
21 are contained in what will become Native Growth Protection Area tracts. If the change to the
overall development is considered a Major Adjustment to an approved site development plan per
22 RMC 4-9-200(J)a new application would be required.
23 As noted in Mitigation Document Condition C 10, Ex. 2, if the EPA issues a ROD that is different
24 than what is assumed in the Quendall Terminals EIS, City reviewing officials shall determine
whether the applicant shall be required to prepare additional SEPA review to address any
25 difference between the ROD and the assumptions in the EIS. Such differences could include
impacts to reestablished critical areas beyond buffer averaging.To ensure a true baseline condition
26 is known at the time of site plan review or construction permit application and prior to recor-ding
of the binding site plan, Recommended Condition of Approval No. 44(iv) requires that a site plan
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
11
AGENDA ITEM #7. f)
1
application, construction permit application or the recording of the Binding Site shall not be
2 submitted to the City for Review and approval prior to issuance of the ROD.
3 It is also determined that the proposal will not adversely affect shoreline environmental resources.
Pages 3.6-14—3.6-15 of the DEIS concludes that the proposal will not adversely affect shoreline4
resources. Subsequent to remediation activities conducted under the oversight of the EPA, the
5 DEIS concludes that redevelopment is not anticipated to adversely affect habitat in Lake
Washington (i.e. for salmonid fish species). During construction, a temporary erosion and
6 sedimentation control plan (TESCP), including Best Management Practices (BMPs) for erosion
and sedimentation control, would be implemented, per City stormwater regulations. Following
construction, a permanent stormwater control system would be installed in accordance with City
g
stormwater regulations. Stormwater runoff would be collected and conveyed via a piped
stormwater system to new outfalls at Lake Washington. Runoff from pollution-generating
9 surfaces would be treated prior to discharge to the lake. The stormwater outfall pipes would be
situated to avoid crossing the restored/created wetland areas. These outfalls could be constructed
10 during site remediation to reduce impacts to shoreline vegetation.
11 B. Views. As conditioned, the project will not create any significant adverse view impacts. The
12 subject site is located along the shores of Lake Washington. The current site is vacant and allows
for expansive views from the neighboring properties as well as the public right-of-way, Lake
13 Washington Blvd., Ripley Lane (Seahawks Way), and N 44th St. The addition of multi-story
structures and development on the site will impact views from the surrounding area. These
14 impacts were evaluated in the DEIS and the EIS Addendum, Exhibit 2, specifically section 3.7 of
the DEIS and section 3.2 of the EIS Addendum. As a result of this analysis the Preferred
15 Alternative was developed with a wider Road B to provide a grand view corridor down the center
16
of the site. In addition, larger setbacks were established from the south and north edges of the
property. Finally, the residential towers are separated with plaza space on top of the parking
1 garage to allow for additional view corridor through the development from the public rights-of-
way and the development located on the hill behind the subject site. Mitigation Measures Fl —
18 F 15 were established to minimize impacts to both aesthetics and views. To ensure the east west
view corridors are maintained, COA 21 requires that Road B shall maintain a minimum width of
9 74 feet and that the plaza spaces on top of the parking garages shall maintain a minimum width of
20
80 feet.
21 At the hearing, Mr. Pipkin asserted that buildings more than four stories in height would
completely block views of residents of the lower Kennydale neighborhood from the water between
22 the project site and Mercer Island. Mr. Pipkin's comments on this issue were uncontested and
appear to be consistent with the view impact analysis in the DEIS and EIS addendum. However,
23 in the absence of more specific view impact standards, the design features directed at mitigating
24 view impacts must be considered sufficient to reduce view impacts to nonsignificant levels. The
maximum building height in the COR zone is 125 feet and the Seahawks facility to the north takes
25 almost full advantage of this height limit with a building that is 115 feet in height. The applicant
has limited building height to a maximum of 64 feet, has widened Road B to provide for a view
26 corridor and has also included view opportunities along the setbacks,which are significantly wider
than required for the project. According to the testimony of the project manager, the setbacks are
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
12
AGENDA ITEM #7. f)
1
proposed as a minimum of 90 feet from the Seahawks facility and 120 feet from Barbee Mills.
2 SEPA mitigation measures only require a setback of 40 feet from Barbee Mill and 38 feet from
the Seahawks facility. Given these circumstances, it is concluded that the applicant has taken all
3 reasonable measures that could be legally required to mitigate view impacts given the development
potential of the project site and the view corridors and self-imposed height limitations proposed4bytheapplicant.
5
C. Noise, Privacy and Dust. The City's noise regulations, Chapter 8-7 RMC, sets the legislative
standard for noise impacts and will adequately regulate noise when construction is completed. It
is anticipated that most of the noise impacts would occur during the construction phase of the
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project. As part of future site plan review, the applicant will be required to submitted a
Construction Mitigation Plan that provides measures to reduce construction impacts such as noise,
9 control of dust, traffic controls, etc. as dictated by the submission requirements of Chapter 4-8
RMC. In addition, the project would be required to comply with the City's noise ordinance
10 regarding construction hours. With these measures in place,noise and dust impacts are adequately
mitigated.
11
12 The proposed building layout provides semi-private court yards between each residential tower
which would allow access to light and air in each unit, in addition adequate separation for privacy.
13 The 80-foot wide plaza corridors allow for a large number of residential units to have an
opportunity for views of Lake Washington. For those units located over Road B and the
l4 retaiUrestaurant area some additional noise could be anticipated due to the active street. Specifics
of noise reduction and privacy would be reviewed at lot specific site plan review, such as window
15 coverings and an evaluation specific uses proposed in the court yard spaces.
16
D. Draina e. Adeyuate provision is made for ensuring that the proposal doesn't create any significant
1 adverse drainage impacts. The City's stormwater regulations assure that stormwater impacts are
fully mitigated. The staff report notes that the 2009 stormwater manual is applicable to the project.
18 As noted in Conclusion of Law("COL")No. 2 of this recommendation, more current stormwater
regulations may apply if construction is not commenced by 2022. In either event, stormwater
19 regulations will comprehensively address stormwater impacts.
20
Stormwater was evaluated in the DEIS and EIS Addendum in the following elements: Earth,
21 Critical Areas, Environmental Heath, and Land and Shoreline Use (Exhibit 2). As a result of this
analysis mitigation measures A1, A10, A11, B2, and B7 were established and will become a
22 condition of this permit. Because the internal streets of the development are required to be private,
the storm water system for the development will be required to be private. A stormwater covenant
23 for allowing the City access to inspect the stormwater facility and assigning maintenance
24 responsibility of the BMPs to the property owners will required to be recorded with the binding
site plan. To ensure that all facilities including but not limited to stormwater shall be maintained
25 a condition of approval reyuires that that the applicant provided a covenant or HOA documents
for City review and approval identifying the developer/property owners/HOA responsibilities for
26 the maintenance of all common facilities and open space constructed as a part of the Binding Site
Plan and Master Site Plan.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
1
2 A drainage plan and drainage report (based on the City stormwater regulations) is required to be
submitted with the utility construction permit for approval of stormwater facility design. The site
3 is located in the Flow Control Duration Standard forested site conditions. The applicant is
proposing to use the direct discharge exemption for the project. Water quality treatment is4
proposed for the project and will have to be consistent with City stormwater standards. Storm
5 water flow control BMPs are to be provided. All recommendations of the geotechnical report shall
be followed in the design and construction of the project.
6
The project was reviewed by the City's Surface Water Utility Supervisor, who provided project
specific comments in Exhibit 16, in his memo dated September 14, 2009. As noted in Exhibit 16,
g the drainage plan and report required to be submitted with the construction permit should include
an offsite analysis report. The report should assesses potential offsite drainage and water quality
9 impacts associated with development of the project site and should identify appropriate mitigation
for any of the identified off site impacts, a printout of all land use input values for pre- and post-
10 developed impervious and pervious areas, a basin summary table for the existing conditions and
developed condition land use, and include a wetland analysis for hydrology.I1
12
E. Aesthetics. The proposal is heavily regulated to eliminate all significant adverse aesthetic impacts
via the City's design,view protection and landscaping standards. The replacement of a superfund
13 toxic waste site with a quality mixed use development with significant public shoreline access is
by itself a tremendous improvement over current aesthetic conditions. The view corridor and
14 enhanced setbacks identified in FOF No. 3(B) on view impacts enhances aesthetics by providing
view corridors to the shoreline. Since the project site is located in Design District "C", building5andsitedesignissubjecttogeneraldesignreviewatthemasterplanstageanddetaileddesign
6
review during site plan review. As determined in this recommendation, the proposal complies
with the District"C" design standards for master plan review.
17
The proposal is also subject to detailed landscaping standards that arise from City landscaping
18 standards as well as mitigation measures imposed from the SEPA review. As required in the
Mitigation Document, Mitigation Measure E1, E2 and F5, the project shall be designed and
19 constructed to provide a partial visual screen between proposed buildings and adjacent uses. The
20 applicant provided a conceptual landscape plan with the Preferred Alternative re-submittal dated
12-16-2015, Exhibit 11. Based on the provided conceptual landscape plan, a 20-foot wide
21 landscape buffer is proposed west of Road C and a 10-foot wide landscape buffer is proposed east
of Road C along the south property line (Barbee Mill Development). A 10-foot wide landscape
22 buffer is proposed west of Road C and a 5-foot wide landscape buffer is proposed east of Road C
along the north property line (Seahawk's Training Camp). The proposed preferred alternative
23
would be compliant with Mitigation Measures El, E2, and F5. A condition of approval requires
24 that the minimum landscape buffers are maintained along the north and south property line as
shown in Exhibit 11.
25
Street frontage landscaping is proposed behind the sidewalk in some portions of Street A and
26 Street B. Street trees are proposed to be placed in tree grades along all Roads A, B, and C. All
street trees are required to be planted at a minimum 2-inch caliper and the tree grates are required
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
14
AGENDA ITEM #7. f)
1
to be 4' x 8'. The provided conceptual landscape plan does not comply with the minimum caliper
2 inches and/or tree grate sizes and as such a recommended condition of approval requires that a
final detailed landscape plan shall be submitted for review and approval for the common areas
3 prior to application for any lot specific site plan review and shall be installed prior to recording of
the binding site plan, unless otherwise approved through a phasing plan.4
5 Landscaping proposed on each individual lot shall be reviewed at the time of lot specific site plan
review. This includes but is not limited to screening landscaping for parking garages, surface
parking lot landscape standards, court yard landscape details, and shoreline landscaping, as noted
in Mitigation Measures F4, G12 and G13.
7
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F. Tree Protection. The proposal doesn't create any significant impacts from clearing of vegetation
since it complies with the City's tree protection standards. Staff have determined that the City's
9 tree protection standards don't require any tree retention since no trees will be located at the project
site subseyuent to remediation.
10
G. CompatibilityBuildin Massing. As conditioned, the proposal is compatible with surrounding1 uses. The property is surrounded on two sides by COR zoned property, Lake Washington to the
12
west and R-10 property for the Barbee Mills property to the south. Beyond the view and traffic
issues addressed elsewhere,the only compatibility issue is the mixed uses of the project adjoining
13 the residential uses of Barbee Mill. Compatibility is achieved by a downscaling of the buildings
along the southern end of the project site to four and five stories and the enhanced setbacks set at
14 a minimum of 120 feet as well as a 1.3-acre public park placed on the southwestern corner of the
project site.
15
16 As evaluated in the EIS, both building massing and building height were analyzed for impacts on
adjacent properties. As a result, Mitigation Document conditions E3, E4, Fl, F8, F9, F11, and
17 F15 were established. These mitigation measures address setbacks from adjacent properties and
Lake Washington, building height, and building modulation. With imposition of these measures,
18 the proposal will not result in an overconcentration of development on any portion of the site.
19 H. Li htin . As conditioned, lighting impacts are minimized to nonsignificant levels. Lighting
20 proposed on each individual building shall be reviewed at the time of lot specific site plan review
for compliance with the design standards below for lighting and Mitigation Document condition
21 F13. At that time, the lighting design should consider mitigation measures B 11 and F7 to ensure
that lighting impacts on wetlands, shorelines and riparian habitat is reduced by the use of
22 downlighting and shielding among other techniques.
23 Common site lighting shall be incorporated into the design of the pedestrian walkways and
24 roadways, gateway features, public art, special landscape treatment, open space/plaza, and other
common areas, as required by Mitigation Document conditions F 13 and H9 and the design
25 standards. A common site lighting plan was not included in the re-submittal of the Preferred
Alternative therefore staff could not verify compliance with mitigation measures F13 and H9 or
26 compliance with the design standards. As such, a recommended condition of approval requires
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
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AGENDA ITEM #7. f)
1
that a site lighting plan be provided identifying compliance with mitigation measure F13 and H9
2 and the design standards for the common areas.
3 I. Loading and Stora e Areas. The proposal will not be encumbered with unsightly loading and
storage areas. Detailed screening standards would be reviewed at the time of lot specific site plan4
review. Based on the provided Master Plan there are no large loading areas that would include
5 loading docks. It is anticipated that the site would demand a level of delivery for the retail and
restaurant uses, which could be accommodated in the parking garages or the private roadways at
off peak hours.
7
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6. Adeyuacv of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
9
A. Water and Sewer Service. Water and sanitary sewer service for the development would be
10 provided by the City of Renton. There is an existing 12-inch diameter water main on the
King County parcel fronting the site and a 10-inch water main extending into the project site.11 There is a 12-inch sewer main extending near the east property line of the project site. The
12 development is subject to the applicable water system development charges (SDC) fee and
water meter installation fees based on the number and size of the meters for domestic,
13 landscape and fire sprinkler uses. The SDC fee is paid prior to issuance of construction
permits.
14
B. Fire Protection. Fire protection would be provided by the City of Renton Fire Department15andpoliceprotectionbytheCityofRentonPoliceDepartment. Police and Fire staff
16 indicated that sufficient resources eacist to furnish services to the proposed development; if
the applicant provides Code required improvements and fees.
17
Pursuant to condition H8 of the Mitigation Document, a fire access road shall be provided
18 to the west of the westernmost buildings onsite. The road shall be a minimum of 20 feet
wide, and shall be constructed with crushed rock or grass-crete to support the weight of fire19apparatus, and shall be available for emergency vehicle access. If located in the minimum
20 100-foot shoreline setback area, and approved by the EPA ROD,the road shall also serve as
a pedestrian traiL If EPA's ROD prohibits the fire access road within the minimum 100-foot
21 shoreline setback area, the road shall be relocated to the west side of the westernmost
buildings onsite, and could be combined with the trail.
22
Mitigation Measure H8 allows for the fire access road to be located within the 100-foot23
shoreline setback area and serve as a combined public trail. However,the looped water line
24 required for the buildings to meet fire flow requirements is only permitted in a paved surface.
Considering the water service requires paved access, a condition of approval requires that
25 the water maintenance road and the fire access be combined. This would allow the trail
which is to be located in the riparian area to be constructed of soft surface materials.
26
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
16
AGENDA ITEM #7. f)
1
C. Parks/Open Space. The proposal provides for adeyuate parks and open space. As
2 previously noted, the proposal includes 12.9 acres of parks and open space.
3 Impacts to parks and recreation were evaluated in the EIS, EIS Addendum and
4
Environmental Consistency Analysis in Exhibit 2 and 21. An assessment of park
demand was based upon the application of the City's adopted parks level of service
5 standard to the number of dwelling units proposed for the project. Based upon this
application, the mitigation document identified a number of parks and recreation
mitigation measures (Gl —G13) to improve public open spaces and recreation areas.
The amount of on-site parks and open space proposed and required of the applicant
would not by itself be sufficient to meet applicable park level of service standards.
g However, the applicant will also be required to pay park impact fees to pay for off-site
park and open space facilities. It is determined that the significant on-site park and open
9 space amenities coupled with the payment of park impact fees should be sufficient to
mitigate the park and open space demand created by the project.
10
11 As to park and open space mitigation measures, Mitigation Document condition G2
12 requires that approximately 10.6 acres of"Natural Public Open Space Areas"and"Other
Related Areas" be provided on the site. The "Natural Public Open Space Area" shall
13 include a 0.5-acre trail and 3.2 acres of natural area along the traiL The "Other Related
Areas" on site shall include street level landscaping, landscape courtyards, sidewalks,
14 paved plazas and Lot 7. The applicant's site plan, Exhibit 7, identifies 3.22 acres of
Natural Areas along the shoreline and 0.45 acres of trail, and 6.47 acres in "Other
I S Related Areas". Based on the site plan the proposal does not identify compliance with
16 Mitigation Measure G2. Mitigation Measure G7, requires the hours of public use of the
trail to be determined by the City's Community Services Administrator. Currently
1 public trail hours are dawn to dusk, signage shall be installed identifying that the trail is
for public use and the hours of public use. The signage shall be reviewed and approved
18 by the Current Planning Project Manager and Parks Planning and Natural Resources
Director prior to installation. An easement for public access shall be recorded on with
19 the binding site plan. Mitigation Document condition G10 requires that the trail be
20 enhanced with site amenities such as tables, litter receptacles, benches, interpretive
signage etc. and approved by the Community Services Administrator. Details of the
21 trail's design and site amenities was not included in the application materials.
Mitigation Document condition G11 requires that the trail connect to the Barbee Mill
22 residential development to the south. The Ex. 7 site plan shows the trail ending in the
surface parking lot located in the southwest corner of Lot 5. This design is not in
23
compliance with condition G11. Based on the above analysis the provided materials
24 were not compliant with conditions G2, G'7, G 10, and G 11. As such a recommended
condition of approval requires that the applicant provide an updated site plan and any
25 other necessary materials to identify compliance with conditions G2, G7, G10, and Gl 1
for review and approval of the Current Planning Project Manager and the Community
26 Services Administrator prior to lot specific site plan review or binding site plan
recording.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
17
AGENDA ITEM #7. f)
1
2 The Development Agreement adds a 1.3- acre Public Park to the proposal. The hours
of public use of the park should be consistent with the public trail and should be
3 determined by the City's Community Services Administrator. Currently public park
hours are dawn to dusk, signage shall be installed identifying that the park is for public4
use and the hours of public use. The signage shall be reviewed and approved by the
5 Current Planning Project Manager and Parks Planning and Natural Resources Director
prior to insulation. An easement for public access shall be recorded on with the binding
6 site plan. Similar to the trail, the park shall be installed prior to Temporary Occupancy
of the first building on the site.
7
g The"street activation" identified in the development agreement is anticipated to provide
distinctive focal points throughout the development. However, the specifics have not
9 been identified at this time. As such a recommended condition of approval requires that
Public Art, fountains, or other street activation features proposed to be located in the
10 roadways shall be identified with the detailed master site plan and constructed and
installed as a part of the associated roadway/infrastructure construction.
11
12
D. Pedestrian Circulation. As conditioned, the proposal provides for an appropriate and safe
13 pedestrian circulation system that connects buildings,open space,and parking areas with the
sidewalk system and abutting properties. The Ex. 7 site plan includes a number of pedestrian
14 connections via sidewalks along street frontages and a pedestrian trail along the shoreline.
However, based on the Ex. 7 site plan some key connections are missing. For example, the15sidewalkalongthewestedgeofRoadCdoesnotcontinuealongtheprivateStreetEeither
16 north or south. To the west is the trail connection and to the east is the access point to Ripley
Lane (Seahawks Way). Again, there is the same missing connection along the south edge
1 along Street E, at the terminus of Road C. Additionally, the residential courtyards show
stairways along the lake side of the development but no stairways are provided for the
18 buildings east of the lake. In order to ensure the overall site maintains a pedestrian
circulation system of pathways that is clearly delineated and connects buildings, open space,19
parking areas, and existing public roads, and provides for public safety a recommended
20 condition of approval requires that an updated site plan is provided identifying a complete
connected pedestrian pathway system for review and approval by the Current Planning
21 Project Manager and shall demonstrate compliance with mitigation measure H3. The
approved pedestrian pathway system shall be shown on the binding site plan upon recording.
22
Mitigation Document conditions H3 and H9 require that provisions for safe pedestrian
23 circulation shall be provided to encourage future transit usage to and from the site when
24 planned public transit becomes available. The pedestrian connectivity plan required as a
recommended condition of approval should include pedestrian connections to the public
25 right of way, Lake Washington Blvd. and Ripley Lane (Seahawks Way) to meet this
condition.
26
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
18
AGENDA ITEM #7. f)
1
E. Street Improvements. The proposal is served by adequate and appropriate street
2 infrastructure. Traffic impacts were thoroughly reviewed in the DEIS and DEIS addendum.
For the enhanced alternative constituting the proposal,additional transportation analysis was
3 included in the EIS Consistency Analysis, Ex. 21, to evaluate changes in trips from the
Preferred Alternative. The Consistency Analysis concluded that transportation impacts of4theEnhancedAlternativewouldbewithintherangeofimpactsidentifiedintheDEIS, EIS
5 Addendum and FEIS for the EIS alternatives. With implementation of the project mitigation
measures, with or without the I-405 improvements, staff determined that significant
transportation impacts are not anticipated.
The project site is located next to the I-405 and NE 44th street interchange, which currently
g
operates poorly. WSDOT has a funded project to improve and widen it. Traffic impacts
were assessed in the environmental review with and without the completion of the WSDOT
9 improvement project. The focus of the analysis is to have persons travelling to the project
using the interchange instead of City streets. The WSDOT project is slated to commence in
10 2019 and to be completed in 2024. However, the actual time frame is not certain so it's
necessary to continue a scenario where the WSDOT project won't be completed. Without
I the WSDOT project, off-site improvements will necessitate channelization of north and
12
southbound ramp intersections. As to the frontage, Lake Washington Boulevard will be
widened and these improvements will have to be coordinated with the WSDOT interchange
13 project. To the south of the project, in order to minimize southern traffic, traffic calming
treatments will be placed south of 41 st to discourage long distance travel along that corridor.
14 The applicant's traffic engineer testified that the off-site mitigation will effectively prevent
people from using City streets to the south as opposed to I-405. Even with the current
15 congestion, it's still faster to use I-405 than the southern City streets.
16
The proposal is estimated to generate 5,829 daily, 435 AM peak hour and 545 PM peak hour
1 vehicular trips at full buildout. These would represent approximately 173 more daily trips,
no net change in AM peak our trips and 15 more PM peak hour trips than the Preferred
18 Alternative. As to the preferred alternative,page 1-14 ofthe DEIS addendum concluded that
tJhe existing transportation network with and without I-405 Improvements would
19 adequately accommodate the Preferred Alternative at full build-out in 2015, with the
20
additional required/proposed transportation improvements." As previously noted, the
Environmental Consistency Analysis, Ex. 21, conducted for the Enhanced Alternative
21 constituting the proposal under review determined that that the Enhanced Alternative is
within the range of development and probable environmental impacts analyzed in the 2010
22 through 2015 SEPA review of the Quendall terminals project, and no additional mitigation
measures are reyuired beyond those identified in the 2015 FEIS and 2015 Mitigation
23 Document.
24
The effectiveness of the Mitigation Document transportation conditions was evaluated in the
25 DEIS addendum against DEIS Alternative 1 traffic counts, which involved 865 AM peak
hour trips, 950 PM peak hour trips and 9,000 daily trips. Alternative 1 clearly generated far
26 more traffic than the Enhanced Alternative constituting the proposal. The limited
information that was summarized regarding the effectiveness of mitigation in the DEIS
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
19
AGENDA ITEM #7. f)
1
Addendum establishes that even at the much higher trip generation rates of Alternative 1,the
2 traffic mitigation of the Mitigation Document either improves upon or maintains intersection
level of service. Table 3.4-6 of the DEIS Addendum evaluates LOS impacts of mitigation
3 on three of the most poorly functioning affected intersections in 2015 and Table 3.4-2 shows
intersection LOS with and without the proposal in 2015, both in circumstances where4WSDOThasnotcompletedI-405 improvements. A comparison of Tables 3.4-2 and 3.4-6
5 shows that the mitigation will prevent the project from lowering the LOS of the three
intersections and would improve LOS over LOS that would occur without the project. Table
6 3.4-2 also shows the LOS impact of the project, unmitigated, on six other intersections.
Without mitigation in the other five intersections, the proposal will not lower LOS in any
intersection except for the Lk Wa Blvd/N 36th Street intersection. It is unknown from any
g
of the tables how the mitigation will affect the LOS of this intersection.
9 The only significant change from the transportation analysis of the Preferred Alternative
analyzed in the April 2016 staff report to the current proposal is the elimination of a center
10 turn lane from Street "A'. The removal of this turn lane was evaluated by Transpo Group,
in a memorandum dated January 12,2017,Appendix A of the Consistency Analysis, Exhibit
11 2 L The analysis concluded that the center turn lane is not needed under the current proposal
12
because single-lane approaches at each of the Street `A' intersections would provide
acceptable traffic operations.
13
Conditions H1-H15 ofthe Mitigation Document comprise the mitigation measures necessary
14 to prevent congestion and other adverse traffic impacts. Mitigation Measure H3 requires
frontage improvements along the west side of Lake Washington Blvd. and Ripley Lane15SeahawksWay) in front of the site. Other mitigation includes, but is not limited to, travel
16 lane additions, signalization, and additional turn lanes on adjacent and nearby existing
roadways or areas to be dedicated. Per conditions G3 and H3 of the Mitigation Document,
provisions for safe pedestrian circulation shall encourage future transit usage to and from the
site, which shall include the requirement for a cross walk and frontage improvements along
18 two private access roads that will cross the old rail line, currently owned by King Co. The
private access at the Barbee Mill Access shall include frontage improvements including19landscapedplanterandsidewalktobeprovidedonthenorthsidematchingtheexisting
20 landscaped planter and sidewalk on the south side. The new private access to be located at
the Ripley Lane (Seahawks Way) access shall include an 8-foot wide landscape planter and
21 6-foot wide sidewalk on south side of the access.
22 The construction of off street improvements will require coordination with adjacent property
owners. This is because some of the required improvements will impact property outside of23
existing right-of-way and require dedication of property not currently owned by the
24 applicant. Currently it is anticipated this coordination would be between King County, who
owns the old rail-road right-of-way, the property owner of 4350 Lake Washington Blvd. N,
25 and WSDOT. Due to this need for coordination, a recommended condition of approval
requires that before construction permit and building permit issuance an agreement should
26 be completed for the required off-site improvements between the developer and all other
affected properties.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
20
AGENDA ITEM #7. f)
1
2 The numerous traffic mitigation measures included in the Mitigation Document could cause
some confusion as it relates to the directions of the off-site improvements, such as
3 southbound, westbound, and eastbound, because the intersections are not oriented directly
north, east, south, and west. To assist in the understanding of these mitigation measures4
Figure 2-1 was prepared for the FEIS, Exhibit 2. However, upon further review of the
5 mitigation measures in the final Mitigation Document, the City's Transportation
Department, has indicated that all required improvements are not reflected in Figure 2-1. In
addition, the mitigation measures listed in the final Mitigation Document contains some
inconsistencies as it relates to directions (northbound and eastbound) and requirements
evaluated in the analysis of the DEIS, EIS Addendum, and FEIS. To resolve the
g inconsistencies and ambiguities, a new graphic has been created as Exhibit 18, which fully
depicts additional motor vehicular travel lanes required as a part of the FEIS and the
9 Mitigation Document. A recommended condition of approval requires that all new lanes as
shown on Exhibit 18 shall be constructed.
10
In addition to the mitigation measures, internal review has been completed evaluating the11internalroadcrosssections. Plan Review staff has worked with the City's Transportation
12 Division to evaluate the adequacy of the internal street cross sections, for pedestrian
walkways, travel lanes, on street parking, and landscaping standards. This evaluation
13 coupled with the Design District Standards and Development Standards of the zone has
resulted in recommended changes to the proposed cross sections. These roads will become
14 private roads for the purpose of the project and as such strict adherence to the City's standard
street cross sections is not required. However,the design of the streets shall meet minimum
15 standards to accommodate the demand created by the development. Public access will be
16 required for access to the proposed retail and restaurant uses and to meet the standards of
public access under the shoreline master program. As such, a recommended condition of
1 approval requires that a public access easement shall be recorded over the private roadways
and recorded at the same time of Binding Site Plan Recording. See Exhibit 16 for details on
18 street cross section changes required to meet the anticipated needs of the development for
pedestrians, vehicles, public access, Design District Standards, and landscaping. The street19crosssectiondesignwillvarydependingupontheproposedgroundfloordesignofeach
20 building. In general, 10 feet of landscaping is required behind a 6-foot sidewalk in those
areas where a parking structure is located adjacent to the street,or a 12— 15-foot sidewalk is
21 required for those areas where the building contains retail and/or restaurant uses at the ground
floor. On street parking stall widths are reduced per RMC from 10 feet in places to 8 or 6
22 feet in width,travel lanes are reduced from 12 feet to 10 feet in places, a 0.5 foot is added to
account for the curb width,and the required site landscape setbacks are reflected in the cross-
23
section amendments. A recommended condition of approval requires that the applicant
24 amend the street cross section as shown in Exhibit 16 at the time of construction permit
review; in addition, an updated site plan shall be submitted identifying compliance with the
25 amended cross sections.
26 A couple members of the public at the April 18,2017 public hearing expressed concern over
increased traffic on Lake Washington Boulevard. Those concerns are addressed by
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
21
AGENDA ITEM #7. f)
1
Condition HS of the Mitigation Document, which requires the installation of traffic calming
2 treatments on Lake Washington Boulevard south of N 41 st Street to encourage primary trips
generated by the project to utilize the I-405 corridor.The applicant's traffic engineer testified
3 that in his professional opinion these calming features should prevent the use of the southern
street system for the project and also that even without the calming measures, most drivers4
would elect to use I-405 since it provides for a more direct connection to the project site.
5 Given these factors, it is concluded that Condition HS adequately addresses concerns over
increases in traffic south of the project site. Related to this issue, one or two people also
expressed concern over the proposed widening of Lake Washington Boulevard along the
project street frontage, on the basis that this widening could eliminate the"scenic"character
of the road and turn it into more of a higher speed thoroughfare. Although there may be
g some legitimacy to this concern,the issue is not significant enough to override the safety and
functionality considerations integrated into the City's street standards that require the
9 additional street width.
10 F. Vehicular Access. The project site is served by adequate vehicular access. The overall
development has two primary access locations, one from Lake Washington Blvd. N at N
l 42nd Place and a second from Ripley Lane (Seahawks Way). Both access locations cross
12 the King County owned rail road right of way. There is an existing crossing of the rail road
right of way at N 42nd Place but no existing crossing from Ripley Lane. To ensure there are
13 two primary access points to the development, the applicant would be required to receive
approval from King County to construct a second crossing across the rail-road right-of-way.
14 This crossing shall include a pedestrian connection to Ripley Lane via a sidewalk. A
recommended condition of approval requires that documentation be provided to the City15identifyingrightstoconstructacrossingforvehiclesandpedestrianspriortositeplanreview
16 application and construction permit application submittal.
1 Shared access for the lots created by the proposed binding site plan has been proposed
through an internal street system, identified as Roads A—E. The applicant has indicated that
18 Roads A — C would be dedicated public right-of-way and Roads D and E would be private
streets. However, due to the properties designation as a Superfund Site by the EPA the City19isnotwillingtoaccepttheproposedpublicrights-of-way dedications and Roads A—C shall
20 become private on the recorded binding site plan. Because Roads A — C will be private
streets it is necessary to maintain public access to the development, therefore an easement
21 for public access and emergency services shall be recorded over Roads A, C, and B. The
public access easement shall be reviewed and approved by the City Attorney and Property
22 Services Division prior to binding site plan recording.
23 G. Schools. Staff has determined that the Renton School District can accommodate any
24 additional students generated by this proposal at the following schools: Hazelwood
Elementary School, McKnight Middle School (beginning in 2017, Risdon Middle School)
25 and Hazen High School. Any new students from the proposed development would be bussed
to their schools. Because of the large scope and scale of the subject project is it anticipated
26 that a new bus stop may be added that would pick up students within the Quendall Terminals
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
22
AGENDA ITEM #7. f)
1
Development. Specifics to safe walking routs to schools should be evaluated upon lot
2 specific site plan review.
3 A School Impact Fee, based on new multi-family units, will be required in order to mitigate
the proposal's potential impacts to the Renton School District. The fee is payable to the City4
as specified by the Renton Municipal Code.
5
H. Transit and Bicycles. The proposal provides for adequate transit and bicycle facilities.
Transit was evaluated as a part of the DEIS and EIS Addendum. Currently no public transit
service is provided to the Quendall Terminals site. The closest transit service to the site is
provided via a dial-a-ride service area fixed route service in the vicinity of the NE 30th St.
g interchange and I-405. Future potential public transportation in the vicinity could include
Bus Rapid Transit on I-405 planned by Sound Transit and WSDOT with a flyer stop at the
9 I-405/NE 44th Street interchange. As previously noted,Mitigation Document conditions H3
and H9 require that provisions for safe pedestrian circulation shall be provided to encourage
10 future transit usage to and from the site when planned public transit becomes available.
11 Currently there are no non-motorized transportation facilities on the Quendall Terminals site,
I Z however there are striped bike lanes on Lake Washington Blvd. In addition,the existing rail
road right-of-way to the east of the site was recently purchased by King County and is
13 identified in the City of Renton Trails and Bicycle Master Plan as a future "rails to trails"
planned multi-purpose trail corridor. In February 2016, a DEIS was issued evaluating
14 alternatives for the East Side Rail Corridor which continues to include a multi-purpose trail
at this location. Considering the site does not currently have public transit options, the15primaryformandmostreadilyavailableformofalternativenon-motorized transportation is
16
bicycles. Staff anticipates that residents of the development and visitors to the retail and
restaurants proposed at the site would ride bikes. Furthermore, as identified in the Mitigation
1 Document (page 26) to mitigate system-wide transportation impacts on planned vicinity
transportation facilities and reduce or control the general vehicular impacts of the project the
18 applicant shall prepare a TDM plan to the satisfaction of the City of Renton that could include
on-site bicycle facilities, bike lockers, and public shower facilities. Based on the above
19
analysis, a recommended condition of approval requires that bicycle parking be provided in
20 the form of bike racks for the retail, restaurant, and public trail users in addition to secure
weather-protected bike facilities shall be provided for the residential units. Bike parking
21 should be provided at a ratio of 10 percent of the required parking stalls for the retail and
restaurant uses and at a ratio of 0.5 stalls per residential unit. Bike parking for the residents
22 shall not be located on balconies or in the unit. In addition, the City's Transportation
Division anticipates that individuals utilizing bicycles as a primary form of transportation23
would not use the multi-purpose trail envisioned along the East Side Rail Corridor,therefore
24 a condition of approval requires that a bicycle lane shall be constructed on both the north
and south side of Ripley Lane(Seahawks Way)with or without the construction of the multi-
25 purpose trail.
26 L Shoreline Access. The proposal provides for adequate shoreline access. As previously
noted, the proposal includes a trail along the shoreline to provide public visual access to the
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
23
AGENDA ITEM #7. f)
1
shoreline. This trail could double as a fire lane, which means it may likely be 20 feet in
2 width. Based on the assumed outcome of the EPA ROD, it is anticipated that access to the
lake shore would not be permitted. However, Mitigation Document condition B10 requires
3 that the proposed shoreline trail includes interpretive viewpoints. Other amenities to be
incorporated into the trail including viewpoints and large public plaza spaces along the lake4
side of Road B. A recommended condition of approval requires a public trail along the lake
5 side of the new buildings proposed on Lots 2 and 5. Based on the provided drawings details
of this trail are not included and the design does not comply with the mitigation measures
identified in the mitigation document. As such, a recommended condition of approval
requires that a detailed trail design be submitted for review and approval by the Current
Planning Project Manager and the Community Services Department prior to site specific site
g plan review and construction permit application. In addition,should the EPA ROD eliminate
the significant public access from the project a recommended condition of approval requires
9 that a new project design shall be submitted for review and approval prior to construction
permit, site plan application, and binding site plan recording that complies with the shoreline
10 master programs requirements for significant public access.
11
Conclusions of Law
12
13 1. Authoritv. Staff has suggested that the hearing examiner make a final decision on the permit
14 applications and make a recommendation to the City Council on the development agreement.
However, after inquiries from the examiner, staff stated it would not object if the examiner made
15 recommendations on all permit applications with a final decision to be made by the City Council. It
is concluded that the RMC does not give the examiner the authority to issue final decisions on binding
16 site plan applications when they are merged with development agreements. Since all permits should
be consolidated into one review process, it is concluded that City regulations mandate that the City1 Council make the final decisions on the applicant's master plan, binding site plan and shoreline
g
applications.
19 The primary code basis for this determination is RMC 4-7-230(H)(2), which provides that the City
Council must apply binding site plan criteria for binding site plan applications when those applications
20 are merged with development agreements and that the "final decision on a development agreement
with an application for a binding site plan shall be made by City Council." Further, RMC 4-7-
21 230(I)(4) provides that "except when a binding site plan is merged with a development agreement"
22 significant binding site plans shall be referred to the hearing examiner for review. From these two
provisions, it is clear that the examiner has no authority to make a final decision on binding site plan
23 applications that are merged with development agreements.
24 In contrast to the binding site plan application,shoreline substantial developmentpermits are classified
by RMC 4-8-080(G) as Type II permits (subject to staff as opposed to hearing examiner review) and25
master site plan approval as Type IlI permits (subject to hearing examiner review). In short,the three
26 permit applications subject to this recommendation are subject to three different review processes.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
24
AGENDA ITEM #7. f)
1
RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest-number
2 procedure". The review process for binding site plans merged with development agreements is not
classified by the RMC. However, the Council's delegation of the hearing on the applications to the
3 eacaminer(see Ex.23)coupled with the code requirement that the City Council make the final decision
mirrors the process classified as Type IV review by RMC 4-8-080(G)(examiner recommendation4
coupled with council final decision). Consequently, the merged DA/binding site plan review will be
5 considered a Type IV review and the master plan and shoreline permit will be consolidated into the
Type IV review process since that is the highest number procedure.
6
2. Vestin. One of the more complicated legal issues involving the project is vesting. The
examiner recommends two actions related to vesting as follows:
g A. Confirmation from City Attorney that Project Subject to Vestin. FOF No. 2 of the April
9 19, 2016 staff report asserts that the applicant vested his applications by the submission of a
complete binding site plan application on February 10, 2010. The proposed development
10 agreement proposes to extend this vesting for a period of ten to fifteen years. The law is not
actually very clear on whether a binding site plan can in fact vest development standards.
11 Since the City Council will be making the final decision on the development agreement,
12 rather than issue a legal opinion that may conflict with that of the City Attorney's Office the
examiner will just take this opportunity to recommend that the Council seek confirmation
13 from the City Attorney's Office that the application is vested to the regulations in effect when
the applicant filed his complete binding site plan application. This vesting analysis is limited
14 to identifying some of the legal issues the City Attorney's Office may want to consider when
evaluating the vesting issue.
15
16 Vesting for the binding site plan comes from two sources, specifically state law and local
ordinance. The state law is RCW 58.17.033, which provides that "a proposed division of
17 land" vests upon the submission of a complete application. There is little question that a
binding site plan constitutes a "division of land." The ambiguity arises from additional
18 language in RCW 58.17.033 that provides that the vesting occurs "...at the time a fully
completed application for preliminary plat approval of the subdivision, or short plat19approvaloftheshortsubdivision, has been submitted..." A binding site plan is neither a
20 subdivision or short subdivision, but is rather identified as an alternative method of land
division to subdivision and short subdivision review per RCW 58.17.035. If the legislature
21 intended vesting to apply to binding site plans, it would have identified the submission of a
complete application for binding site plan as triggering the time of vesting. It's failure to do
22 so may have been an oversight, but the ambiguity remains.
The second source of vesting is a code provision that was in place at the time the applicant23
submitted his binding site plan application, but is in longer in effect today. RMC 4-7-
24 230(N)(1) provided in 2010 that complete binding site plan applications vest to the binding
site plan ordinance, the zoning code and other development regulations in effect at the time
25 of application. This provision appears to have been repealed in 2012. It raises the interesting
legal question of whether a developer can vest to a vesting ordinance. In Graham
26 Neighborhood Ass'n v. F.G. Associates, 162 Wn. App. 98 (2011), a court ruled that permit
expiration ordinances are not subject to vesting because they don't have a restraining
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
25
AGENDA ITEM #7. f)
1
influence on the development of land. It is somewhat debatable whether a vesting ordinance
2 has a restraining influence over land use and is subject to vesting,or whether it is a procedural
ordinance such as the expiration ordinance in Graham that is not subject to vesting.
3
B. Stormwater Regulations. Modifications are recommended to the proposed development4
agreement to reflect the fact that stormwater regulations are not subject to vesting.
5
The April 2016 staff report states that the project is subject to the 2009 King County
stormwater manual. The stormwater manual currently adopted by Renton is the 2016 King
County stormwater manual, per RMC 4-6-030(C). The state supreme court has recently
ruled that stormwater regulations mandated by the Washington State Department of Ecology
g
DOE") are not subject to the vested rights doctrine. Snohomish Counry v. Pollution
ContYol Hearings Board, 187 Wash.2d 346 (2016). Operation of the City's stormwater
9 system is governed by a Phase II National Pollution Discharge Elimination System
NPDES") permit issued by DOE. Condition SS.C.4a.iii of the Phase II NPDES permit
10 requires that stormwater regulations enacted by DOE in 2012 in the Phase ll NPDES permit
shall apply to all [land useJ applications submitted on or after July 1, 2017 and shall11applytoapplicationssubmittedpriortoJanuary1, 2017, which have not started
12
construction by January 1, 2022..." In short, new Phase II permit requirements not
integrated into the 2009 King county stormwater manual will apply to the project if it hasn't
13 started construction by 2022. Given the delays the applicant has undergone due to its
superfund and other issues, it is within the realm of possibility that construction may not start
14 by 2022 and, therefore, new stormwater standards required by the Phase II NPDES permit
will apply.
15
16 The proposed development agreement at least partially covers the NPDES requirements in
proposed Section 5.2, which provides that vesting doesn't apply to
17
any new federal or state statutes, rules, regulations, administrative interpretations
1 g or court decisions that add regulatory requirerrtents on the City that it must enforce
19 that are not subject to a "grandfather"or "safe harbor" clause that would delay the
City's enforcement responsibiliry beyond the life of this Agreement."
20
emphasis added).
21
However, the Snohomish County case and the NPDES vesting condition are arguably not22
new" requirements since they were in place prior to the adoption of the development
23 agreement. Further, if the City is required by a state or federal law to exempt something
from vesting, it shouldn't matter whether or not the mandate is "new." "New" as bolded in
24
the quoted language above should be stricken from the development agreement. Further, to
25 remove any doubt about the applicability of the NPDES vesting provision, the following
should be added to the end of Section 5.2: Stormwater regulations are specifically exempt26
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
26
AGENDA ITEM #7. f)
1
from vesting to the extent mandated by the Phase II National Pollution Discharge
2 Elimination System permit applicable to the City of Renton.
3 2.5 Zonin / Comprehensive Plan Desi nations. The subject property is zoned and has a
4 comprehensive plan land use designation of Commercial/Office/Residential (COR).
5 3. Review Criteria.RMC 4-9-200(B)requires master plan approval for all development in the COR
zone except for airplane manufacturing, large lot subdivisions, SEPA exempt projects and utilities.
6 Binding site plan applications are authorized as an optional means of dividing COR zoned property
pursuant to RMC 4-7-230(A)(1). Shoreline substantial development permits are required for any
nonexempt development within 200 feet of shorelines pursuant to RMC 4-9-190(B)(3). The criteria
g for master plan review is set by RMC 4-9-200(E). The criteria for binding site plan review is set by
9 RMC 4-7-230(C). The criteria for shoreline substantial development permits is set by RMC 4-9-
190(B)(7),which requires compliance with all City of Renton Shoreline Master Program("SMP") use
10 regulations and SMP policies. All applicable criteria are quoted below in italics and applied through
11 corresponding conclusions of law.
12 Master Plan
13 RMC 4-9-200(E)(2). Level of Detail:
14
a. Master Plans: For masler plan applications, the Ac ministrator rll evaluate complicz ce
15 with the Yevietiv criteria al a level of detail appropriate for ma.ster plans. Mua ter plans will
16 be evaliratedf'or general eompliance with the criteric anc to enstire th«t nothing irr the
1 master plun will p•eclude developrnent of a site plan in full compliance with Ihe criteria.
1 g b. Site Plans: For site plan applieations, the Aclministr atof•will crnalvze the pl zn in c etail
19
valuate compliance n ith the s ecific i egitirement,s disciassed below. (Ord. 5676, 12-3-
2012)
20
4. As shown in application of the master plan criteria below, the level of detail of master plan
21
review will be evaluated for general compliance to ensure that nothing in the master plan will preclude
22 development of a site plan in full compliance with the site plan criteria. As shown in the conditions of
approval,building and infrastructure improvements are approved at a general level of design with more
23 specific design features to be addressed during site plan review.
24
RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in
25 compliance with the following.•
26 a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals,
including:
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
27
AGENDA ITEM #7. f)
1
i. Comprehensive Plan: The Comprehensive Plan, its elenzents, goals, objectives, and policies,
2 especially those of the applicable land use designation; the Community Design Element; and any
3 applicable adopted Neighborhood Plan;
4 ii. Applicable land use regulations;
5 iii. Relevant Planned Action Ordinance and Development Agreements; and
6 iu Design Regulations:Intent and guidelines of the design regulations located in RMC 4-3-100.
5. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in
g Finding No. 222
of the staff report. The proposal is consistent with the zoning code as outlined in
Finding No. 23 of the staff report. The proposal is located in Design District"C"and consistent with
9 Design District "C" development standards as outlined in Finding No. 24 of the staff report. No
planned action ordinance or development agreement applies.
10
11 RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and
uses, including:
12
i. Structures:Restricting overscale structures and overconcentration of development on a particular13
portion of the site;
14
ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and
15 adjacent properties;
16 iii. Loading artd Storage Areas:Locating, designing and screening storage aNeas, utilities, rooftop
j equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties;
18 iu Views: Recognizing the public benefit and desirability of rnaintaining visual accessibility to
attractive natural features;
19
20 v. Landscaping: Using landscaping to provide transitions between development and surrounding
properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the
21 project; and
22
vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive
23 brightness or glare to adjacent properties and streets.
24
25 2 References to findings in the staff report are designed by "Finding No.References to findings from this
26 recommendation are"FOF No. ." All references to staff report findings should be considered to incorporate any
updates to the findings addressed in the April 11,2017 memo to the examiner,Ex. 19.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
28
AGENDA ITEM #7. f)
1
6. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are
2 significantly adverse. Specifically,massing of structures is addressed by FOF No. 5(G), circulation by
FOF 6(D), loading and storage areas by FOF 5(I), views by FOF 5(B), landscaping by FOF No. 5(E)
3 and lighting by FOF 5(H).
4
RMC 4-9-200 E 3 c : Ort-Site Im acts:Miti ation o am acts to the site includinPSf P S
5
i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing
6 and orientation;
ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural
g characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and
vehicle needs;
9
10 i i. Natura[Features:Protection of the natural landscape by retaining existing vegetation and soils,
using topography to reduce undue cutting and filling, and limiting impervious surfaces; and
11
iv. Lartdscaping: Use of landscaping to soften the appearance of parking areas, to provide shade
1 and privacy where needed, to define and enhance open spaces, and generally to enhance the
13 appearance of the project. Landscaping also includes the design and protection ofplanting areas so
that they are less susceptible to damage from vehicles or pedestrian movements.
14
7. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly
15 adverse. Structure placement and scale is addressed in FOF No. 5(C) with the added comment that
16 the mixed-use concept proposed by the applicant provides a well-integrated environment for
residential owners who will have access to a wide mix of both commercial and recreational facilities.
1 Preservation of natural features is limited by the remediation work to be required by the EPA,
however the proposal will enhance public access to the shoreline by the proposed shoreline walking
18 trail, dock and park. Extensive landscaping is required of the project as described in FOF No. 5(E)
and this landscaping will serve to provide shade and privacy, define open spaces and generally
19 improve upon aesthetics as required by the criterion quoted above.
RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all
21 users, including:
22 i.Location and Consolidation:Providing access points on side streets orfrontage streets rather than
23 directly onto arterial streets and consolidation of ingr•ess and egress points on the site and, when
feasible, with adjacent properties;
24
ii. Internal Circulation:Promoting safery and e ciency of the internal circulation system, including
25 the location, design and dimensions of vehicular and pedestrian access points, drives, parking,
26 turnarounds, walkways, bikeways, and emergency access ways;
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
29
AGENDA ITEM #7. f)
1
iii.Loading and Delivery:Separating loading and delivery areas from parking andpedestrian areas;
2
iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and
3
4
v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas,
buildings,public sidewalks and adjacent properties.
5
8. The criterion is met. As outlined in FOF No. 6(F), access is consolidated into two points, one
6 on Lake Washington Boulevard and the other on Ripley Way. No connection to the adjoining
properties is possible given the development of the adjoining sites. The proposal will provide for
safe and efficient internal circulation and pedestrian connections as determined in FOF No. 6(D).
g Loading and delivery will be separated from parking and pedestrian areas as outlined in FOF No.
9 5(I). The proposal will be served by adequate transit and bicycle facilities as determined in FOF No.
6(H).
10
RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project11focalpointsandtoprovideadequateareasforpassiveandactiverecreationbytheoccupants/users
i 2 of the site.
13 9. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in
FOF 6(C).
14
5
RMC 4-9-200(E)(3)(: Views and Public Access: When possible, providing view corridors to
shorelines and Mt. Rainier, and incorporating public access to shorelines.
16
10. The criterion is met. The proposal provides for view corridors to the Lake Washington shoreline
1
as determined in FOF No. 5(B). The proposal provides for shoreline access as determined in FOF
1 g No. 6(I).
19 RMC 4-9-200(E)(3)(g): Natural Systems:Arranging project elements to protect existing natural
systems where applicable.
20
21 11. The criterion is met. As determined in Finding of Fact No. 5(A),the natural systems at the site
i.e. critical areas)will be protected as required by the EPA ROD and City critical area regulations.
22
RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and23facilitiestoaccommodatetheproposeduse.
24
12. The criterion is met. The project is served by adeyuate services and facilities as determined in
25 Finding of Fact No. 6.
26 RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with developrrtent phases
and estirnated time,fr ames,for phased projects.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
30
AGENDA ITEM #7. f)
1
13. The applicant did not request any phasing with the project application. However, due to the
2 scale of the project staff anticipates that the applicant may want to consider phasing of the
3
infrastructure construction at a later date. If the applicant would like to consider phasing of the
infrastructure construction a phasing plan would be required to be submitted to the City of Renton
4 for review and approval as a part of the first site plan review application. Permit expiration is
5 governed by the proposed development agreement.
6 Binding Site Plan
RMC 4-7-230(C):
g APPROVAL CRITERIA:
9 Approval of a binding site plan or a commercial condominium site shall take place only after the
following criteria are met:
10
1. Legal Lots: The site that is subject to the binding site plan shall consist of one or moreI1contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan
12 procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions
shall not exceed the number of lots allowed in the applicable zoning district.New nonconforming
13 lots shall not be created through the binding site plan process.
14 14. The criterion is met. The subject parcel is a legally created lot of record and all proposed lots
would comply with the minimum lot standards of the zone as show in Finding No. 23 of the staff
15 report. The COR zone has no minimum lot size and dimensional standards. However, proposed lots
16 1,6,and 7 would be fully impacted by either wetlands and their buffers or shoreline buffer as identified
through the EIS process with the EPA. As such, a recommended condition of approval reyuires that
l lots 1, 6, and 7 should be designated open space tracts instead of lots because these areas would not be
buildable if created.
18
The portion of the parcel waterward of the OHWM of Lake Washington is not identified as a lot or
19 tract on the binding site plan. A recommended condition of approval requires that this area remains a
20 part of the parcel and shall be identified on the final binding site plan as an undevelopable area and
placed in a tract unless another mechanism is approved by the Property Services Division.
21
2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met,
22 the binding site plan shall be processed as a commercial condominium site per subsection D of
this Section or merged with a planned urban development application per RMC 4-9-1 S0.
23
15. Minimum lot dimensions and setbacks are provided; therefore, no commercial condominium
24 site creation is required.
25 3. Commercial or Industrial Property: The site is located within a commercial, industrial, or
26 mixed-use zone.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
31
AGENDA ITEM #7. f)
1
16. The site is located within the mixed-use COR zone. It is eligible for binding site plan approval.
2
4. Zoning Code Requirements:Individual lots created through the binding site plan shall comply
3 with all of the zoning code requirements and development standards of the underlying zoning
district. Where minirrtum lot dimensions or setbacks cannot be met, the binding site plan shall4beprocessedasacommercialcondominiumsiteperRMC4-7-230D.
5
a. New Construction: The site shall be in conformance with the zoning code requirements
6 and development standards of the underlying zoning district at the time the application
is submitted.
7
b. Existing Development: If the site is nonconforming prior to a binding site plan
8 application, the site shall be brought into conformance with the development standards
of the underlying zoning district at the time the application is submitted. In situations9wherethesitecannotbebroughtintoconformanceduetophysicallimitationsorother
10 circumstances, the binding site plan shall not make the site more nonconforming than at
the time a completed application is submitted.
11
c. Under either new construction or existing development, applicants for binding site
12 plan may propose shared signage,parking, and access if they are specifically authorized
per RMC 4-4-080E3, 4-4-080I7, and 4-4-IOOES, and other shared improvements as
13 authorized in other sections of the Ciry's development standards.
4 17. The criterion is met. As previously concluded, the proposal is consistent with applicable
15 comprehensive plan policies, City of Renton zoning regulations and design guidelines. The applicant
has not requested shared signage or parking. Shared access between the proposed new lots is proposed
16 as outlined in FOF No. 6(F). Shared parking is required pursuant to Mitigation Document condition
H7. A proposal for shared parking shall be submitted with site plan review application. If shared
17 parking is proposed between lots and approved by the City at site plan review, this should be noted on
the binding site plan prior to recording.18
19
20 5. Building Code Requirements: All building code requirements have been met per RMC 4-5-
010.
21
18. The criterion is met. All building code requirements will be reviewed at the time of building
22 permit approval.
23 6. Infrastructure Provisions:Adequate provisions, either on the face of the binding site plan or
24 in a supporting document, have been made for drainageways, alleys, streets, other public ways,
water supplies, open space, solid waste, and sanitary wastes,for the entire property covered by
25 the binding site plan.
26
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
32
AGENDA ITEM #7. f)
1
19. The criterion is met. As described in Finding of Fact No. 6, the applicant has made adequate
2 provisions for all drainageways, streets, water supplies, open space, solid waste and sanitary waste.
This criterion is satisfied.
3
7. Access to Public Rights-of-Way and Utilities: Each parcel created by the binding site plan4shallhaveaccesstoapublicstreet, water supply, sanitary sewer, and utilities by means of direct
5 access or access easement approved by the City.
6 20. The criterion is met. As described in Finding of Fact No. 5(F), each lot will have access to a
private road, which in turn will connect to a public road via the two access points of the site. As noted
7 in FOF No. 6(A), water and sewer lines are in proximity to the project site. Staff have determined that
each lot will be served by water, sanitary sewer, and utilities as proposed. However, a phasing plan
g for the installation of the access and utilities was not provided with the application, therefore a
9 recommended condition of approval requires that all common facilities including but not limited to
roadways, utilities, common landscaping, and public art/gateway features shall be permitted,
10 constructed, and determined substantially complete by the City of Renton Construction Inspector prior
to Binding Site Plan Recording and prior to issuance of a building permit for any individual lot, unless
11 a separate phasing plan is approved through site plan review.
12 8. Shared Conditions: The Administrator may authorize sharing of open space,parking, access,
signage and other improvements among contiguous properties subject to the binding site plan13
and the provisions of RMC 4-4-080E3, 4-4-080I7, and 4-4-IOOES. Conditions of use,
14 maintenance, and restrictions on redevelopment of shared open space,parking, access, signage
and other improvements shall be identified on the binding site plan and enforced by covenants,
15 easements or other similar properly recorded mechanism.
16 21. The criterion is met. Vehicular access and parking will be shared as noted in COL No. 17. No
shared signage has been proposed. A condition of approval reyuires the applicant to provide a covenant
1 or HOA documents for City review and approval identifying the developer/property owners/HOA
18 responsibilities for the maintenance of all common facilities constructed as a part of the Binding Site
Plan and Master Site Plan. The condition requires that the approved documentation shall be recorded
19 'th the Binding Site Plan.
20 9. Future Development: The binding site plan shall contain a provision requiring that any
subsequent development of the site shall be in conformance with the approved and recorded
21 binding site plan.
22 22. As conditioned,the criterion is met. The provided binding site plan does not contain a provision
23 for requiring subsequent development of the site to be in conformance with the approved and recoded
binding site plan. As such, a recommended condition of approval requires compliance with this
24 standard.
25 10. Dedication Statement: Where lands are required or proposed for dedication, the applicant
shall provide a dedication statement and acknowledgement on the binding site plan.
26
23. No dedication has been approved for the subject project.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
33
AGENDA ITEM #7. f)
1
I1. Suitable Physical Characteristics: A proposed binding site plan may be denied because of
2 flood, inundation, or wetland conditions, or construction of protective improvements may be
required as condition of approval.
3
24. The criterion is met. The physical characteristics identified in the criterion are regulated by the4
City's critical area regulations. As noted in Finding of Fact No. 5(A),the proposal complies with the
5 City's critical area regulations.
6 Shoreline Permit
RMC 4-9-190(B)(7): In order to be approved, the Administrator of the Department of Community and
g Economic Development or designee mustfind that a proposal is consistent with the following criteria:
9 a. All regulations of the Shoreline Master Program appropriate to the shoreline designation
and the type of use or development proposed shall be met, except those bulk and dimensional standards
10 that have been modified by approval of a shoreline variance.
11 b. All policies of the Shoreline Master Program appropriate to the shoreline area designation
12 and the type of use or development activity proposed shall be considered and substantial compliance
demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted,
13 Provided it is demonstrated to the Administrator of the Departrrient of Community and Economic
Development or designee that the proposal is clearly consistent with the overall goals, objectives and
14 intent of the Shoreline Master Program.
15 c. For projects located on Lake Washington the criteria in RCW 90.58.020 regarding shorelines
16 of statewide significance and relevant policies and regulations of the Shoreline Master Program shall
also be adhered to.
17
25. The proposal complies with all applicable shoreline policies and regulations as detailed
18 in Finding No. 29 of the staff report. In summary, commercial shoreline use regulations requires the
proposal to provide for significant shoreline access. This access is provided as determined in FOF No.
19 6(I). The commercial use regulations further reyuire that parking is to be provided at frequent locations
20 and is discouraged along the water's edge. This requirement is met as surface parking and structured
parking are both proposed a minimum of 100 feet back from the OHWM. The commercial use
21 regulations also require that commercial development incorporate recreational opportunities along the
shoreline. This is met for the reasons identified in FOF 6(I). The development agreement adds a 1.3-
22 acre park along the shoreline to further integrate recreational opportunities. Shoreline regulations
further require that view impacts be mitigated and the applicant has provided for view mitigation as
23 determined in FOF No. 5(B). Shoreline regulations impose a 50-foot setback for the proposal. EIS
24 mitigation requires a 100-foot setback. The proposal complies with this 100-foot setback except for a
proposed water line. A recommended condition of approval reyuires the water line to be moved outside
25 the 100-foot setback.
26 The staff report does not address compliance with RMC 4-3-090(K), which requires applicants for
shoreline projects to abate, avoid or otherwise control the harmful effects of shoreline development on
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
34
AGENDA ITEM #7. f)
1
shoreline ecological resources. For the reasons identified in Finding of Fact No. 5(A), the impacts of
2 the proposal on shoreline ecological resources have been mitigated and controlled as required by RMC
4-3-090(K).
3
4
5 DECISION
6 For the reasons identified in the Conclusions of Law, above, all applicable review criteria for the
applicant's master plan, binding site plan and shoreline substantial development permit applications
7 are met by the proposal. Consequently, it is recommended that the City Council approve the
applications, subject to the conditions identified below. It is also recommended that the City Councilgapprovetheproposeddevelopmentagreementforthereasonsidentifiedinthesummaryofthis
9
recommendation, subject to the modifications recommended in Conclusion of Law No. 2(B). The
permit applications should be subject to the following conditions:
10
1. The applicant shall comply with the 91 mitigation measures included in the Mitigation
1 Document dated, August of 2015.
2. All lots shall meet maXimum building lot coverage either individually or combined
12 through site plan review. The combined coverage may include open space tracts set aside
13 through the binding site plan.
3. All common facilities including but not limited to roadways (including curb, gutter,
14 sidewalk, and street trees or landscape strips), utilities, street lights, street names, common
15 landscaping(including irrigation),trails (including signage and amenities), public
art/gateway features, and habitat restoration/recreation as determined by the EPA ROD
16 shall be permitted, constructed, and determined substantially complete by the City of
1 Renton Construction Inspector and Current Planning Project Manager prior to Binding
Site Plan Recording and prior to issuance of a building permit for any individual lot,
18 unless a separate phasing plan is approved and if the Administrator determines that any
19 delay in satisfying these requirements will not adversely impact the public health, safety
or welfare.
20 4. The minimum partial sight-obscuring landscape visual barrier(buffers) shall be
21 maintained along the north and south property line as shown in Exhibit 11 and shall be
identified on the recorded binding site plan, as reyuired by Mitigation Measures E1, E2,
22 and F5.
23
5. A minimum of 10 feet of screening landscaping shall be required behind the sidewalk
when the sidewalk is adjacent to at grade parking structures. A detailed landscape plan for
24 each site shall be reviewed at the time of lot specific site plan review.
25
6. Lots 1, 6, and 7 shall become open space tracts and shall not be recorded as lots on the
Binding Site Plan. All critical areas and their buffer shall be contained within these tracts
26 as referenced and required by Mitigation Measure B5. A Native Growth Protection
Easement shall be recorded and noted on the face of the recorded Binding Site Plan.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
35
AGENDA ITEM #7. f)
1
7. If shared parking is proposed between lots and is approved by the City at site plan review,
2 this should be noted on the binding site plan prior to recording.
3
8. Roads A—C shall become private streets on the recorded binding site plan and an
easement for public access and emergency services shall be recorded over Roads A, C,
4 and B. The public access easement shall be reviewed and approved by the City Attorney
and Property Services Division prior to binding site plan recording.5
9. The recorded binding site plan shall contain a provision requiring that any subsequent
6 development of the site shall be in conformance with the approved and recorded binding
site plan. The required statement should be reviewed and approved by the Current
Planning Project Manager and Property Services prior to recording.
g 10. Public trail signage shall be installed identifying that the trail is for public use and the
hours of public use. The trail signage shall be reviewed and approved by the Current9
Planning Project Manager and the Community Services Administrator with the
10 construction permit application. The trail and associated signage shall be installed prior to
Temporary Occupancy of the first building on the project site.11
11. An easement for public trail access shall be recorded with the binding site and public
12 access shall be noted on the binding site plan prior to recording.
12. Off-site improvements identified in the Mitigation Document, including but not limited to13MitigationMeasures:
14 B 10 -public trail
15
G2—public trail and open space
G3 — Frontage improvements, including sidewalks along the west side of Lake
16 Washington Blvd. and Ripley Lane N.
1
G7—trail signage
G9—crosswalk
1 g G10—trail amenities
19 H3 —frontage improvements along Lake Washington Blvd. and Ripley Lane N
20
H4—trail
HS —traffic calming measures
21 H8—fire access road
22 H 10—bicycle lane
H11 — H15 — off site traffic improvement mitigation, such as channelization and
23
signalization
24 shall be designed, permitted, constructed, and substantial complete as determined by the
Current Planning Project Manager and the Construction Inspector, prior to Temporary
25 Occupancy of the first building on the project site.
13. The following street classification shall be noted on the binding site plan: Road A, B, and26
C are Pedestrian Oriented Streets, and Roads D and E are Internal Roads.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
36
AGENDA ITEM #7. f)
1
14. The private access at the Barbee Mill Access shall include frontage improvements
2 matching the south side of the access, including a landscaped planter and sidewalk to be
3 provided on the north side. The new private access to be located at the Ripley Lane
Seahawks Way) access shall include 8 feet wide landscape planter and 6 foot wide
4 sidewalk on south side of the access. These off-site improvements shall be designed,
permitted, constructed, and substantial complete as determined by the Current Planning5
Project Manager and the Construction Inspector, prior to Temporary Occupancy of the
6 first building on the project site
15. Either commercial uses are provided along the street frontages of roads A, B, and C or a
minimum 10 foot landscape screen is located between the sidewalk and the parking
g garage. Compliance with this condition shall be demonstrated at lot specific site plan
review.
9
16. Parking garage curb cuts shall be reduced to the minimum necessary to improve
10 uninterrupted pedestrian mobility along Road A and C and curb cuts should not be
permitted along Road B. Access points to the parking decks shall be consolidated with the11
ground level parking garages. Compliance with this condition shall be demonstrated at lot
IZ specific site plan review.
17. Vehicular access points to the parking garages shall be restricted to one entrance and exit
13
per 500 linear feet as measured horizontally along the street, unless a secondary access is
14 required per fire and/or building code. Compliance with this condition shall be
demonstrated at lot specific site plan review.
15
18. To ensure the semi-private plaza spaces meet the intent of the design district a detailed
16 design of these areas shall be submitted for review and approval with lot specific site plan
review. Each plaza area shall provide a unique space that includes both landscaping and
1 amenities as approved by the Director.
1 g 19. To ensure that all uses receive eyual signage opportunities an overall sign design package
shall be submitted for review and approval by the Current Planning Project Manager prior
19 to the approval of any sign permit for the site.
20 20. Minimum setbacks from parent parcels edges shall be as follows:
a. 100 feet from the OHWM of Lake Washington
21 b. 40 feet from the south (adjacent to Barbee Mill)
22 c. 38 feet from the north (adjacent to Seahawk's Training Facility)
21. To ensure minimum view corridors are maintained Road B shall maintain a minimum
23 width of 74 feet and the semi-private plaza spaces on top of the parking garages shall
24 maintain a minimum width of 80 feet.
22. West elevations of the building proposed on Lots 2 and 5 shall be re-designed to reduce to
25 the parking garage walls view from Lake Washington to ensure the structures on the lake
26 maintain a relation to the natural characteristic and site amenities (trail, etc.). Design
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
37
AGENDA ITEM #7. f)
1
features could include landscape berming and/or architectural details. Detail design of
2 these buildings shall be completed at site plan review.
3 23. Secure, weather protected bike parking facilities shall be provided for the residential units
on site. Bike parking should be provided at a ratio of 0.5 stalls per unit. Bike parking for
4 the residents shall not be located on balconies or in the unit. A residential bike parking
plan shall be provided with lot specific site plan review.
5
24. A compatible architectural design shall be maintained throughout the Quendall Terminals
6 site and a consistence evaluation shall be completed at site plan review for each building
proposed on lots 2, 3, 4, and 5.
25. Usable public plaza space shall be provided along Lake Washington and the NW corer of
g the building on Lot 5 and the SW corner of the building on Lot 2. The details of the
design of this space shall be included in the lot specific site plan review applications for
9
lots 2 and 5.
10 26. Details shall be included on the final Binding Site Plan identifying compliance with the
infrastructure provisions of RMC 4-7-230. This shall be reviewed by the Plan Review
ro ect mana er Current Plannin ro ect mana er and Pro ert Services for a rovalPJg gP J g P Y pP
12 prior to recording.
27. If the ROD and NRD Settlement results in the project's inability to comply with the13
critical area regulations as currently designed and assumed in the baseline conditions (i.e.
4 the buffers of the recreated wetlands can be averaged within proposed lots 1 and 6) Lots 1
and 6 shall be increased to ensure compliance with the critical areas regulations and that
I S
all wetlands and associated buffers are contained in what will become NGPA tracts. If the
16 change to the overall development is considered a Major Adjustment to an approved site
development plan per RMC 4-9-200J a new application would be required.
1
28. A bicycle lane shall be constructed on both the north and south side of Ripley Lane
1 g Seahawks Way) with or without the construction of the multi-purpose trail.
29. The applicant shall amend the street cross section as shown in Exhibit 16 at the time of
19
construction permit review.
20 30. A stormwater covenant for allowing the City access to inspect the stormwater facilities
built on site and assigning maintenance responsibility of the BMPs to the property
21 owners/developer/HOA shall be required to be recorded with the binding site plan.
31. To ensure that all facilities including but not limited to, stormwater, common landscaping,
23 open space, sidewalks and roadways, street lights, open space tracts, etc. shall be
maintained, the applicant shall provide a covenant or HOA documents for City review and24
approval identifying the developer/property owners/HOA responsibilities for the
25 maintenance of all common facilities constructed as a part of the Binding Site Plan and
Master Site Plan. Approved documentation shall be recorded with the Binding Site Plan.
26
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
38
AGENDA ITEM #7. f)
1
32. Staff recommended Condition No. 32 removed per Ex. 19 April 11, 2017 memo to
2 examiner.
3 33. A minimum 15-foot-wide easement shall be provided to the City of Renton for the public
4 sewer mains located in the private streets. The easement shall be submitted for review and
approval by the City of Renton Property Services and Public Works Department prior to
5 binding site plan recording.
6 34. A minimum 15-foot-wide easement for utility and maintenance shall be provided to the City
of Renton for the public water lines located onsite. The easement shall be submitted for
review and approval by the City of Renton Property Services and Public Works Department
prior to binding site plan recording.
g
35. The Binding Site Plan shall be recorded prior to temporary occupancy of any building on
9 the subject site.
36. A revised sewer report shall be submitted with the construction permit application that
10
Will reevaluate the existing Baxter lift station and identify the necessary allowance, which
11 should be 1,500 gallons/acre/day, or as otherwise identified by the City Public Works
Department.
12
37. Any existing utilities under the proposed building or that will result in a conflict with the
13 proposed binding site plan, shall be required to be abandoned and removed, and the
easement shall be relinquished or amended subject to City approvaL Final documentation
14 shall be submitted for review and approval prior to Binding Site Plan recording.
15 38. The proposed sewer manhole should be relocated outside of the landscape island in the
center of Road B to ensure the City's sewer maintenance department can access the
16 facility.
1 39. Before construction permit and building permit issuance an agreement should be
completed for the reyuired off-site improvements between the developer and all other
1 g affected properties. Such agreement shall be provided to the Current Planning Project
19 Manager with the construction permit application and the first building permit application
for the site.
20 40. All new motor vehicle travel lanes as shown on Exhibit 18 shall be constructed based on the
21 timing identified above per condition of approval 12.
41. A fire lane and utility maintenance access road along Lake Washington extending along the
22 front of Lots 2 and 5, connecting to Road B terminus and the surface parking at either end
23 shall be incorporated into the design of the buildings on Lots 2 and 5. This fire lane and
utility maintenance access road shall feature pedestrian amenities such as furniture, public
24 art, water features, etc. Design of the fire lane and utility maintenance access road
compliance with this condition shall be reviewed at the time of lot specific site plan review.
25
42. The portion of the parcel water word of the OHWM of Lake Washington shall be identified
26 on the final binding site plan as an undevelopable area and placed in a tract unless another
mechanism is approved by the Property Services Division.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
39
AGENDA ITEM #7. f)
1
43. Documentation shall be provided to the City of Renton identifying rights for public
2 vehicular and pedestrian access to the proposed development across the right-of-way.
This legal documentation shall be noted on the final binding site plan and shall be
3 recorded concurrently with the binding site plan, if not already recorded. The City of
Renton shall have final approval of acceptable legal access documentation.4
5 44. The following conditions shall be complied with prior to individual site plan review
application for any lot included in the Binding Site Plan, Binding Site Plan recording, and6constructionpermitissuance.
I. Upon the EPA, ROD and NRD settlement, a density worksheet shall be submitted
to the Current Planning Project Manager identifying compliance with net density
g for the overall site. Once compliance is identified, the maximum number of units
9 per lot shall be recorded on the final binding site plan to allow the maximum
permitted density to be shared among the entire property.
10 jI. A final detailed landscape plan and associated irrigation plan shall be submitted
11 for review and approval for the common areas, unless a phasing plan for common
landscaping installation is approved. If a phasing plan is submitted and approved,
12 a final detailed landscape plan, or phase thereof, shall be submitted in compliance
13 with the approved phasing plan.
II1. A parking plan shall be provided specifically identifying public parking for the
14 proposed shoreline trail, in compliance with Mitigation Measure G4, for review
15 and approval by the Current Planning Project Manager and the Park Planning and
Natural Resources Director. The approved public parking shall be identified on
16 the recording Binding Site Plan.
1 IV. A site plan application, construction permit application or the recording of the
Binding Site shall not be submitted to the City for Review and approval prior to a
1 g Record of Decision (ROD) completed by the EPA. A copy of the final ROD
19 issued by the EPA shall be submitted to the City of Renton to verify the assumed
baseline assumptions were correct and additional SEPA review or major project
20 changes are not necessary as required in Mitigation Measure C 10.
21 V. The applicant shall provide an updated site plan and any other necessary materials
to identify compliance with mitigation measures G2, G7, G10, and G11 for
22 review and approval by the Current Planning Project Manager and the
23 Community Services Administrator.
VI. A "gateway feature" package shall be prepared for review and approval by the
24 Current Planning Project Manager. If such gateway features would be considered
25 common amenities such as public art or entry elements these shall be installed
pursuant to condition of approval 3.
26 VII. An update site plan shall be provided identifying a complete connected pedestrian
pathway system, including an evaluation of on-site crosswalks to ensure
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
40
AGENDA ITEM #7. f)
1
pedestrian safety. The pedestrian pathway system shall be submitted for review
2 and approval by the Current Planning Project Manager and shall demonstrate
3 compliance with mitigation measure H3, H4 and H9. The final approved
pedestrian pathway system shall be shown on the binding site plan upon
4 recording.
VIII. An updated site plan shall be provided identifying the required 1.8 acres of active5
recreation area, per mitigation measure G8, or a plan shall be provided for review
6 and approval of the Current Planning Project Manager to identify which portion
of the 1.8 acres would be allocated to which lot.
IX. A site lighting plan shall be provided identifying compliance with mitigation
g measure F 13 and H9 and the design standards for the common areas, including
but not limited to, sidewalks, roadways, gateway features, public art, special9
landscape treatment, open space/plaza, and trails, for review and approval by the
10 Current Planning Project Manager, Public Works Department, and Community
Services.
11
X. Doucmentation shall be provided to the City identifing rights to constrct a
12 crossing for vehicles and pedestrians across King County ownered rail road right-
of-way.
13 XI. Bicycle parking shall be provided in the form of bike racks for commercial and
14 public trail users. Bike parking should be provided at a ratio of 10 percent of the
required parking stalls for the commercial uses. An updated site plan shall be
15 provided identifying common bike rack locations, numbers, and design.
16 XII. A detailed trail design, identifying compliance with mitigation measures B10, G3,
G2, G10, G11 and H4, shall be submitted for review and approval by the Current
17 Planning Project Manager and the Community Services Department.
1 g XIII. An updated site plan shall be submitted for reviewed and approved by the Current
Planning Project Manager and Plan Reviewer identifying compliance with the
19 amended street cross sections, in Exhibit 16.
20 XIV. Road A street design shall be amended to remove the center turn lane and the
design shall be reflected on the required updated site plan, as conditioned above
21 under XIII.
22 XV. The following utility line design changes shall be required and an updated
conceptual utility plan shall be provided for review and approval by the Plan
23 Reviewer:
24 a. Relocate about 870 feet of existing 12-inch water main along the property
frontage to be within the new access road referred to as Road A. The
25 existing water line cannot be accessible for repair and maintenance due to
26 the location of the proposed new Road A.
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
41
AGENDA ITEM #7. f)
1
b. Relocate the new 12-inch water main on the west side of the project to be
2 within the paved 20-foot fire access road if located outside the 100-foot
3 buffer. The water main must be located at least 10 feet away from the
building foundation and outside of the shoreline riparian area.
4 c. Minimum 15 feet easement should be provided for the water main.
d. The waterline shall be relocated outside the 100-shoreline buffer.5
e. Update utility line minimum separation standards per City of Renton
6 regulations.
XVL If the EPA ROD and any NRD settlement eliminates the significant public access
from the project, which includes: 1) A shoreline trial with viewpoints, interpretive
8 signage, and amenities as identified in the Mitigation Document; 2) A fire lane
and utility maintenance access road long the lake side of the development of Lots9
2 and 5; 3) Large plazas at the terminus of Road B; and 4) Public parking a new
10 public access plan shall be submitted identifying compliance with the significant
public access standards of the Shoreline Master Program. The new public access
11
plan shall be reviewed and approved by the Current Planning Project Manager.
12 XVIL A Transportation Demand Management (TDM) program and draft shared parking
agreement shall be submitted for any and all proposed development lots, identifying13
compliance with Mitigation Measures H2, H7 and F12. The TDM and shared
14 parking agreements shall be reviewed and approved by the Current Planning Project
Manager and the Public Works Department, Transportation Division.
15 XVIIL A final detailed master site plan shall be submitted to the City for Review and
16 Approval by the Current Planning Project Manager that incorporates both the
specific changes identified in the Enhanced Alternative and all the conditions of
1
project approvaL The final detailed master plan shall be approved prior to the
1 g approval of any site-specific site plan review or recording of the binding site plan.
XIX. Public Art, fountains, or other street activation features proposed be located in the
19 roadways shall be identified with the detailed master site plan and constructed and
20 installed as a part of the associated roadway/infrastructure construction.
XX. A detailed public park design, identifying compliance with the Development
21 Agreement, shall be submitted for review and approval by the Current Planning
22 Project Manager and the Community Services Department prior to the approval of
any site-specific site plan review or recording of the binding site plan.
23
24 45. An easement for public park access shall be recorded with the binding site and public
access shall be noted on the binding site plan prior to recording.
25
26 46. Public park signage shall be installed identifying that the park is for public use and the
hours of public use. The park signage shall be reviewed and approved by the Current
MASTER PLAN, BINDING SITE PLAN, SSDP and DA
42
AGENDA ITEM #7. f)
1
Planning Project Manager and the Community Services Administrator with the
2 construction permit application. The park and associated signage shall be installed prior
to Temporary Occupancy of the first building on the project site.
3
4 Decision issued May 9, 2017.
5
c.--'_--..6
Phi A.(Ibce ht
Hearing Examiner
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
MASTER PLAN, BiNDING SITE PLAN, SSDP and DA
43
AGENDA ITEM #7. f)
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION, EXHIBITS
Project Name:
Quendall Terminals
Project Number:
LUA09-151, ECF, EIS, SA-M, SM, DA
Date of Hearing
April 18, 2017
Staff Contact
Vanessa Dolbee, Current
Planning Manager
Project Contact/Applicant
Campbell Mathewson,
Century Pacific, L. P., 1201
Third Ave, suite 1680,
Seattle, WA 98101
Project Location
Parcel 2924059002. South
of the Seahawks VMAC
Training Facility
The following exhibits were admitted during the hearing:
Exhibits 1-18: Hearing Examiner Staff Report (April 2016) and Exhibits
Exhibit 19 - 23: Memo to the Hearing Examiner (April 2017) and Exhibits
Exhibit 24: Email from Examiner to Staff dated April 17, 2017
Exhibit 25: Email from Fred Warnock dated April 16, 2017
Exhibit 26: Email from Charles Taylor dated April 15, 2017
Exhibit 27: City of Renton COR maps and GIS data:
http://rp.rentonwa.gov/SilverlightPublic/Viewer.html?Viewer=COR-Maps
Exhibit 28: Google Maps: https://www.google.com/maps?hl=en&tab=wl
Exhibit 29: City of Renton power point
Exhibit 30: Notebook dated April 18, 2017 "Vested Development Regulations"
Exhibit 31: Notebook dated April 18, 2017 "Supplemental Applicant Exhibits"
Exhibit 32: Aerial Photograph with artist rendering of project site
Exhibit 33: Larry Toedtli CV
Exhibit 34: Bob Wells Resume
Exhibit 35: Lance Mueller Resume
Exhibit 36: Street B rendering
Exhibit 37: June 6, 2016 Site Plan P1. 0
Exhibit 38: June 1, 2016 Site Plan P0. 0
Exhibit 39: April 3, 2017 City Council Agenda Bill for Consolidation of Development
Agreement with Land Use Applications
AGENDA ITEM #7. f)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: April 11, 2017
TO: Phil Olbrechts, Hearing Examiner
FROM: Vanessa Dolbee, Current Planning Manager
SUBJECT: Quendall Terminal, LUA09-151
Following the canceled public hearing from April of 2016, the Applicants have requested
the City consider a Development Agreement. As such, this memorandum addresses the
Development Agreement and changes to the project which result from the proposed
Development Agreement. This memo is intended to supplement the staff report to the
Hearing Examiner which was issued in April of 2016, for the original scheduled hearing
date of April 19, 2016. Only those items identified below have been changed and/or are
proposed to be changed from the original staff report.
Updated Project Description:
The applicant has requested approval of Master Plan Review, Binding Site Plan,
Shoreline Substantial Development Permit and a Development Agreement for a mixed-
use development located at 4350 Lake Washington Blvd. The site is 21.46 ac and is
zoned COR and located within the Urban Shoreline designation. The 21.46 -acre site
would be divided into 7 lots of which 4 would contain mixed -use buildings. The
Enhanced Alternative would contain 692 residential units (resulting in a net residential
density of 40.95 units/acre), 42,190 sq. ft. of commercial uses [retail and restaurant],
1,352 parking spaces and 12.9 acres of parks/open space. All buildings are designed to
be constructed as 3 – 5 stories over one parking/commercial level. The applicant has
proposed to dedicate 3.65 acres for public right -of-way, which would provide access to
the 7 proposed lots. The site contains approximately 0.81 acres of wetlands and 1,583
linear feet of shoreline along Lake Washington. The subject site has received a
Superfund designation from the U.S. Environmental Protection Agency (EPA) and the
property owners are currently working on a remediation plan with EPA. The proposed
Development Agreement and associated Enhanced Alternative primarily include the
following: 1.3 acres of public park space, additional retail/restaurant/office space and
street activation (fountains, artwork, etc.), the addition of either a public dock/pier
and/or an alternative approved by the EPA to allow for public access to Lake
Washington, Building SW4 would be 4-stories, building SW3 would 5-stories, and all the
remaining buildings would be 6-stories, and Extension of Land Use Permit approval term
to 10-years with possible extension opportunities in which development regulation
vesting would be maintained.
EXHIBIT 19
AGENDA ITEM #7. f)
Phil Olbrechts, Hearing Examiner
Page 2 of 7
April 11, 2017
The following Exhibits should be added to the Recorded:
Exhibit 19 – Memorandum to Hearing Examiner, April 11, 2017
Exhibit 20 – Draft Development Agreement
Exhibit 21 – Consistency Analysis
Exhibit 22 – Notice of Issuance of Consistency Analysis
Exhibit 23 – Councils Motion to defer the Development Agreement Public Hearing
Findings of Fact (FOF): (the following FOF’s are identified with letters to eliminate and
confusion with the original staff report)
a. On March 16, 2017 an Enhanced Alternative and Development Agreement
(Exhibit 20) was submitted to the City to consider. The Enhanced Alternative
would contain 692 residential units (resulting in a net residential d ensity of 40.95
units/acre), 42,190 sq. ft. of commercial uses [retail and restaurant], 1,352
parking spaces and 12.9 acres of parks/open space. All buildings are designed to
be constructed as 3 – 5 stories over one parking/commercial level. The proposed
Development Agreement and associated Enhanced Alternative primarily include
the following:
The addition of 1.3 acres of public park space;
Additional retail/restaurant/office space and street activation (fountains,
artwork, etc.)
The addition of either a public dock/pier and/or an alternative approved by
the Environmental Protection Agency (EPA) to allow for public access to Lake
Washington;
Building SW4 would be 4-stories, building SW3 would 5-stories, and all the
remaining buildings would be 6-stories;
Extension of Land Use Permit approval term to 10-years with possible
extension of 5 years in which development regulation vesting would be
maintained.
A SEPA transportation re-evaluation requirement at 5 year increments.
b. The Enhanced Alternative and the associated Development Agreement is the
sole proposal being advanced at this time. Because the Enhanced Alternative
relies upon City Council approval of the Development Agreement, Exhibit 20, the
Master Site Plan, Binding Site Plan and Shoreline Permit decision shall be
contingent upon the City Council approval of the Development Agreement . If
the Development Agreement is not approved by City Council, the record should
be reopened and another public hearing for the purpose of reconsidering the
decision utilizing the Preferred Alterative analyzed in the April 2016 staff report
to the Hearing Examiner should be completed.
c. On March 20, 2017 the Environmental Review Committee issued an EIS
Consistency Analysis for Development Agreement and the associated Enhanced
Alternative (Exhibit 21 and 22). The Environmental Consistency Analysis
determines that the impacts of development under the Enhanced Alternative are
within the impacts analyzed under the EIS alternatives in the past SEPA review.
AGENDA ITEM #7. f)
Phil Olbrechts, Hearing Examiner
Page 3 of 7
April 11, 2017
No new mitigation measures are required beyond those identified in the 2015
FEIS and 2015 Mitigation Document, and there are no significant unavoidable
impacts that cannot be mitigated.
d. A detailed master site plan has not been provided incorporating the changes
identified in the Enhanced Alternative. As such, staff recommends as a condition
of approval that a final detailed master site plan shall be submitted to the City
for Review and Approval by the Current Planning Project Manager that
incorporates both the specific changes identified in the Enhanced Alternative
and all the conditions of project approval. The final details master plan shall be
approved prior to the approval of any site specific site plan review or recording
of the binding site plan.
e. Staff does not expect that the changes identified in the Enhanced Alternative
would impact the analysis and associated recommended conditions of the April
2016 staff report for all Findings of Fact except as follows:
i. FOF 23, Zoning Development Standard Compliance, Parking: The total
parking stalls proposed in the Enhanced Alternative is 1,352 stalls an
increase from the 1,337 stalls proposed in the Preferred Alternative, a 15
stall increases. There is no change in the residential and restaurant
space; however there is an increase in retail space from 20,025 SF to
33,190 SF which would result in a maximum of 133 stalls required for the
retail space, up from 80 stalls. Together all three uses could require up to
1,469 parking stalls.
ii. FOF 23, Zoning Development Standard Compliance, Refuse and Recycling:
Based on a proposal for a 9,000 SF of restaurant and 33,190 SF of retail a
combined total of 210.95 SF for recyclables deposit areas and 421.90 Sf
of refuse deposit areas shall be provided for the overall project.
iii. FOF 25, Critical Areas, b.: The reference to “NRD settlements” should be
eliminated because the EPA does not approve and is not party to an NRD
settlement. Therefore, Condition 44. IV, should be amended to remove
the reference to “NRD settlements”.
iv. FOF 26, Master Site Plan Review, f. On Site Impacts, Structure and Scale:
With the addition of retail/commercial space along the Lake Washington
side of the development it is anticipated that the parking garage would
no longer be the dominate structure viewed from the Lake or shoreline
trail.
v. FOF 26, Master Site Plan Review, j. Distinctive Focal Points: The “street
activation” identified in the development agreement are anticipated to
provide distinctive focal points throughout the development. However,
the specifics have not been identified at this time. As such staff
recommends as a condition of approval that Public Art, fountains, or
other street activation features proposed to be located in the roadways
shall be identified with the detailed master site plan and constructed and
installed as a part of the associated roadway/infrastructure construction.
AGENDA ITEM #7. f)
Phil Olbrechts, Hearing Examiner
Page 4 of 7
April 11, 2017
vi. FOF 26, Master Site Plan Review, Phasing: Staff recommends that the
project duration be consistent with the time frames established in the
Development Agreement, Exhibit 20.
vii. FOF 28 Availability and Impact of Public Services, Stormwater: The
Development Agreement would extend the project beyond January 1,
2022, as such specific requirements tying compliance with an updated
stormwater manual to this date are no longer applicable. Therefore staff
recommends that condition of approval 32 of the staff report be
removed. The project will be required to comply with all applicable
stormwater requirements at the time of building and construction.
viii. FOF 28 Availability and Impact of Public Services, Transportation: The
Enhanced Alternative is estimated to generate 5,829 daily, 435 AM peak
hour and 545 PM peak hour vehicular trips at full buildout. These would
represent approximately 173 more daily trips, no net change in AM peak
our trips and 15 more PM peak hour trips than the Preferred Alternative.
Additionally, the center left-turn lane that was included as a part of
Street ‘A’ is eliminated in the Enhanced Alternative. The removal of this
turn lane was evaluated by TranspoGroup, in a memorandum dated
January 12, 2017, Appendix A of the Consistency Analysis, Exhibit 21. The
analysis concluded that the center turn lane is not needed under the
Enhanced Alternative because single-lane approaches at each of the
Street ‘A’ intersections would provide acceptable traffic operations. As a
result condition of approval 44. XIV should be amended accordingly.
Additional transportation analysis was included in the EIS Consistency
Analysis to evaluate changes in trips from the Preferred Alternative. The
Consistency Analysis concludes that transportation impacts of the
Enhanced Alternative would be within the range of impacts identified in
the DEIS, EIS Addendum and FEIS for the EIS alternatives. With
implementation of the project mitigation measures, with or without the
I-405 improvements, significant transportation impacts are not
anticipated
ix. FOF 28 Availability and Impact of Public Services, Parks: The Development
Agreement adds 1.3 acre Public Park to the proposal. The hours of public
use of the park should be consistent with the public trail and should be
determined by the City’s Community Services Administrator. Currently
public park hours are dawn to dusk, signage shall be installed identifying
that the park is for public use and the hours of public use. The signage
shall be reviewed and approved by the Current Planning Project Manager
and Parks Planning and Natural Resources Director prior to insulation. An
easement for public access shall be recorded on with the binding site
plan. Similar to the trail, the park shall be installed prior to Temporary
Occupancy of the first building on the site.
AGENDA ITEM #7. f)
Phil Olbrechts, Hearing Examiner
Page 5 of 7
April 11, 2017
x. FOF 29 Shoreline Substantial Development Permit, Time Requirements for
Shoreline Permits: The Draft Development Agreement extends the time
for all land use permit applications including the Shoreline Substantial
Development Permit. Time frames identified in the Development
Agreement should be applied accordingly.
f. Condition of Approval 14 should remove the word “east” as this has been
included in error.
g. Condition of Approval 22 contains a minor error, the word “East” should be
“West”. Condition of Approval 22 should be amended accordingly.
h. Condition 43 requires an easement be recorded to all for public access for
vehicles and pedestrians to cross the King County rail-road right-of-way. This
requirement for an easement limits the type of legal documents that could be
drafted to accomplish the intended purpose of the condition. As such, this
condition should be amended as shown below.
i. The word “Public Promenade” should be removed throughout the staff report
and replaced with “fire lane and utility maintenance access road” to be
consistent with the Consistency Analysis and Development Agreement.
Therefore Condition of approval 41. and 44. XVI should be amended accordingly.
Conclusions: All conclusions in the April 2016 staff report are to remain except as
identified below:
10. The project An expiration date shall be as identified in the Development
Agreement, Exhibit 20set by the Hearing Examiner for the Master Site Plan, see FOF 26 .
12. The Development Agreement as drafted in Exhibit 20 is compliant with RCW 36 -70B-
170.
New Staff Recommendation: Staff recommends approval of the Master Site Plan,
Binding Site Plan, and Shoreline Substantial Permit for the Enhanced Alterative
described in Exhibit 19, subject to all the conditions of approval of the April 2016 staff
report and any new conditions or modified conditions below.
Because the Enhanced Alternative relies upon City Council approval of the Development
Agreement, Exhibit 20, staff recommends that the Hearing Examiner add a condition
that if the Development Agreement is not approved by City Co uncil, the Hearing
Examiner will reopen the record and the public hearing for the purpose of reconsidering
the decision utilizing the Preferred Alterative analyzed in the original April 2016 staff
report to the Hearing Examiner.
Amended Conditions of Approval:
14. The private access at the Barbee Mill Access shall include frontage
improvements matching the south side of the access, including a landscaped
planter and sidewalk to be provided on the east north side. The new private
AGENDA ITEM #7. f)
Phil Olbrechts, Hearing Examiner
Page 6 of 7
April 11, 2017
access to be located at the Ripley Lane (Seahawks Way) access shall include 8
feet wide landscape planter and 6 foot wide sidewalk on south side of the
access. These off-site improvements shall be designed, permitted, constructed,
and substantial complete as determined by the Current P lanning Project
Manager and the Construction Inspector, prior to Temporary Occupancy of the
first building on the project site
22. East West elevations of the building proposed on Lots 2 and 5 shall be re-
designed to reduce to the parking garage walls view from Lake Washington to
ensure the structures on the lake maintain a relation to the natural characteristic
and site amenities (trail, etc.). Design features could include landscape berming
and/or architectural details. Detail design of these buildings shal l be completed
at site plan review.
32. Any extension to the project approved beyond January 1, 2022 or building and
construction permits submitted that would extend the project beyond January
1, 2022 shall be subject to the updated stormwater manual, in e ffect at the
time.
41. A public promenade fire lane and utility maintenance access road along Lake
Washington extending along the front of Lots 2 and 5, connecting to Road B
terminus and the surface parking at either end shall be incorporated into the
design of the buildings on Lots 2 and 5. This promenade fire lane and utility
maintenance access road shall feature pedestrian amenities such as furniture,
public art, water features, etc. Design of the promenades fire lane and utility
maintenance access road compliance with this condition shall be reviewed at
the time of lot specific site plan review.
43. An easement shall be secured from King County or other future property owners
of the rail-road right-of-way to provided vehicular and pedestrian access to the
proposed development across the right-of-way. The easement shall be noted on
the final binding site plan and shall be recorded concurrently with the binding site
plan. Documentation shall be provided to the City of Renton identifying rights for
public vehicular and pedestrian access to the proposed development across the
right-of-way. This legal documentation shall be noted on the final binding site plan
and shall be recorded concurrently with the binding site plan, if not already
recorded. The City of Renton shall have final approval of acceptable legal access
documentation.
44. IV. A site plan application, construction permit application or the recording of
the Binding Site shall not be submitted to the City for Review and approval prior
to a Record of Decision (ROD) and NRD Settlement completed by the EPA. A
copy of the final ROD and NRD Settlement issued by the EPA shall be submitted
to the City of Renton to verify the assumed baseline assumptions were correct
and additional SEPA review or major project changes are not necessary as
required in Mitigation Measure C10.
AGENDA ITEM #7. f)
Phil Olbrechts, Hearing Examiner
Page 7 of 7
April 11, 2017
44. XIV. A transportation study shall be completed to analyze the need for a center
turn lane in Road A. Depending upon the outcome of this study, Road A street
designs shall be amended to remove the center turn lane accordingly and the
design shall be reflected on the required updated site plan, as conditioned above
under XIII.
44. XVI. If the EPA ROD and any NRD settlement eliminates the significant public
access from the project, which includes: 1) A shoreline trial with viewpoints,
interpretive signage, and amenities as identified in the Mitigation Document; 2)
A public promenade fire lane and utility maintenance access road along the lake
side of the development of Lots 2 and 5; 3) Large plazas at the terminus of Road
B; and 4) Public parking a new public access plan shall be submitted identifying
compliance with the significant public access standards of the Shoreline Master
Program. The new public access plan shall be reviewed and approved by the
Current Planning Project Manager
New Conditions of Approval: (The following numbering picks up at the end of the April
2016 staff report.)
45. An easement for public park access shall be recorded with the binding site and
public access shall be noted on the binding site plan prior to recording.
46. Public park signage shall be installed identifying that the park is for public use
and the hours of public use. The park signage shall be reviewed and approved by
the Current Planning Project Manager and the Community Services
Administrator with the construction permit application. The park and associated
signage shall be installed prior to Temporary Occupancy of the first building on
the project site.
44. XVIII. A final detailed master site plan shall be submitted to the City for Review
and Approval by the Current Planning Project Manager that incorporates both
the specific changes identified in the Enhanced Alternative and all the conditions
of project approval. The final detailed master plan shall be approved prior to the
approval of any site specific site plan review or recording of the binding site plan.
44. XIX. Public Art, fountains, or other street activation features proposed be located
in the roadways shall be identified with the detailed master site plan and
constructed and installed as a part of the associated roadway/infrastr ucture
construction.
44. XX. A detailed public park design, identifying compliance with the Development
Agreement, shall be submitted for review and approval by the Current Planning
Project Manager and the Community Services Department prior to the approval
of any site specific site plan review or recording of the binding site plan .
AGENDA ITEM #7. f)
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Quendall Terminals
(LUA09-151)
HEX Public Hearing
Date
Names/TitlesVanessa Dolbee, Current Planning Manager
April 18, 2017
EXHIBIT 29
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Presentation Overview
Approximate Location
•Project Description –Enhanced
Alternative & Development Agreement
•Background
•Renton Municipal Code Analysis
–Compliance
–Conditions
•Staff Recommendation
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Approximate Location
Approximate Location
Applications:
1) Master Site Plan
2) Binding Site Plan
3) Shoreline Substantial
Development Permit
4) Development Agreement
Environmental Impact Statement
Completed
−FEIS issued August 2015
−Mitigation Document issued
August 2015
−Consistency Analysis For
Enhanced Alternative issued
March 2017
The application is vested to
regulations from February 10,
2010, ORD 5520 (including the
SMP –amended in 1983)
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Site Characteristics
SITE
Isolate
Property
Lake Washington
PanAbode
SiteBarbee Mill
VMAC
King Co.
rail-road
ROW
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Proposal
Enhanced Alternative
•COR Zone and Urban
Shoreline Environment
•21.24 acre site
•7 lots –4 with mixed
use buildings
•692 multi-family
residential units
•33,190 SF of
retail/Commercial
•9,000 SF of restaurant
•Density 40.95 du/ac
•Parking for 1,352
vehicles
•*Superfund site subject
to EPA regulations
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Enhanced Alternative
Pedestrian Trail
Road C
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Road A
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100 ft. shoreline setback
N 42nd Place
Ripley Lane (Seahawks
Way)
Rail road ROW –King. Co.
Access Point
Access Point
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Proposal
Enhanced Alternative
Building Design –
* Ground floor Parking or Retail/Restaurant along Road B and Lake Washington
* 3, 4, or 5 stories above for residential units and semi-private plaza space
*Final elevation design will be reviewed at Site Plan review.
**Graphics were prepared for Preferred Alternative
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Quendall Terminals
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Overview
•Applicant: Extended time frame beyond the 5 years permitted by code
and associated vesting of development regulations
•City/Public: Project Enhancements –designed to provide a public
benefit
Development Agreement
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Provisions –Project Timing
•Following 5 years of the initial term a SEPA Transportation Update would be
required.
–New transportation mitigation for the project may be required based on changed
conditions and associated project impacts.
•Vest the development regulations effective on the vesting date, which is
February 10, 2010 for the term of the agreement.
•Extends code authorized land use approval time lines from 5 years to 10 years
from the earlier of:
–(i) the date of issuance of the EPA’s Record of Decision, or
–(ii) The Hearing Examiners Decision and/or subsequent appeal decision dates
•Extension to the 10 years up to 5 additional years, could be authorized by the
City if 51% of the residential and commercial space has been constructed and
received Certificate of Occupancy, following a second SEPA Transportation
Update.
•s
Development Agreement
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Enhanced Alternative
Project Elements
Collaborate with the
developer on a public
dock/pier
•Permitting –City
•Funding, construction,
mitigation -developer
1.3 acres of a public park
in the southwest corner
of the site
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Project Elements
Additional
retail/restaurant/office space
•Minimum 50 percent of the
building street frontage
•Minimum of 20 feet in depth
Required along:
•Lakeside frontage
•Street B
•Other street frontages as
necessary to meet 50%
Street activation; such as
fountains and artwork will be
provided along street B and
lakeside frontage
Enhanced Alternative
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Background
•Former creosote manufacturing
facility that operated from
1917-1969
•Past coal tars and creosote
have contaminated soil,
groundwater, surface water
and lake sediments
•In 2005 DOE transferred the
oversight to the EPA
•The site received a Superfund
designation from EPA
•The EPA is conducting a
remedial investigation and
feasibility study. Which will
lead to a ROD.
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Background
•Clean up work is being
conducted under the
Comprehensive Environmental
Response, Compensation, and
Liability Act. (CERCLA; i.e.
Superfund)
•EPA Contact –Clair Hong,
hong.claire@epa.gov.
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Background (baseline assumptions)
Figure 2-6 DEIS
Shoreline Restoration Conceptual Design
Soil Cap
Wetland Recreation
•This figure shows a
conceptual design
with a 50 ft. buffer
not a 100 ft. buffer,
which was required
by the EPA after
Public Comment on
the DEIS.
•Assumptions are
unchanged in the
Addendum beyond
100 ft. setback.
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Background (baseline assumptions)
Figure 2-7 DEIS
Buffer Width Averaging Wetland D
Wetland Recreation
•This figure shows a
conceptual design
with a 50 ft. buffer
not a 100 ft. buffer,
which was required
by the EPA after
Public Comment on
the DEIS.
•Assumptions are
unchanged in the
Addendum for the
Preferred Alternative
Buffer Averaging
Trail with
view points
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Background (EIS Process)
Determination of Significance (DS) issued on February 19, 2010 –EIS Process began:
Date EIS Action, see Exhibits 2, 3, 15, and 21.
2/19/10 –
4/30/10 EIS Public Scoping Period, 70 days (extended)
4/27/10 Public Scoping Meeting
12/10/2010 DEIS Issuance
12/10/10 –
2/09/11 DEIS Public Comment Period, 60 days (extended)
1/04/11 DEIS Public Hearing
10/19/12 EIS Addendum Issuance
10/19/12 –
11/19/12 EIS Addendum Public Comment Period
8/31/15 FEIS Issuance
8/31/15 –
9/24/15 EIS Public Appeal Period
9/24/15 Appeal submitted to EIS, Appellant South End Gives Back
2/18/16 Receipt of Joint Stipulation & Proposed Order Dismissing Appeal signed by the Appellant and Applicant
2/22/16 Joint Stipulation & Proposed Order Dismissing Appeal signed by the Hearing Examiner. Appeal
Dismissed.
3/20/17 Consistency Analysis Issuance for Enhanced Alternative and Development Agreement
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Renton Municipal Code Analysis
•Comprehensive Plan Compliance
•Zoning Compliance
•Design District Review
•Critical Areas
•Master Site Plan Review
•Binding Site Plan
•Availability of Public Services
•Shoreline Regulations
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Staff Analysis/Conditions
64 Conditions of Approval Recommend by Staff
Primary:
•Compliance with the Mitigation Document
•Phasing/Site Plan Review
•Design Standards Compliance
•Access/Roadways (vehicular and pedestrian)
•Binding Site Plan (recording)
Secondary:
•Utilities
•Code/Landscaping
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Staff Analysis/Conditions
Condition 20 and 21:
Setbacks from parent parcel edges shall be as follows:
a.100 ft. from the OHWM of Lake Washington
b.40 feet from the south (adjacent to Barbee Mill)
c.38 feet from the north (adjacent to Seahawks Training Facility)
View Corridors –
a.74 ft. width for Road B
b.80 ft. width for semi-private plaza space.
Site Plan
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Staff Analysis/Conditions
Condition 6
and 27:
Critical Areas
Regulations
Baseline Assumptions,
assumed all recreated
wetland and their
associated buffers
would fit within
Binding Site Plan lots 1
and 6.
Baseline
Assumptions
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Staff Analysis/Conditions
Condition 27:
Critical Areas Regulations
1)The outcome of the ROD and NRD Settlement details
are not known at this time.
2)This conditions is need so impacts of the proposed
development will comply with the City’s critical areas
regulations following the ROD and NRD Settlement.
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Staff Analysis/Conditions
Condition 41:
Requires a fire lane and utility maintenance access road along
Lake Washington
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Staff Analysis/Conditions
Condition 41:
Satisfies the following code requirements:
1.Fire Access is required along the Lake
a.Required to be 20 ft. in width.
b.Shall be constructed to support the weight of a fire apparatus.
c.Critical Areas regulations may not permit the trail to be built to meet
fire access standards. Maximum width permitted per code is 12 feet.
(RMC4-3-050C7.a.)
2.Looped waterline required
1.Located along the west side of the 2 lake front buildings.
2.15 feet minimum width needed for maintenance access.
3.Maintenance access shall be a paved surface.
4.Not permitted within wetlands, wetland buffers, or shoreline buffer.
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Staff recommends approval of the Master Site Plan, Binding Site Plan, and Shoreline
Substantial Permit for the Enhanced Alterative described in Exhibit 19, subject to all the
conditions of approval of the April 2016 staff report and any new conditions or modified
conditions.
Because the Enhanced Alternative relies upon City Council approval of the Development
Agreement, Exhibit 20, staff recommends that the Hearing Examiner add a condition that
if the Development Agreement is not approved by City Council, the Hearing Examiner
will reopen the record and the public hearing for the purpose of reconsidering the
decision utilizing the Preferred Alterative analyzed in the original April 2016 staff report
to the Hearing Examiner.
Recommendation
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QUENDALL TERMINALS
ENTITLEMENTS HEARING
MASTER PLAN REVIEW
BiNDING SITE PLAN
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
CITY OF RENTON
APRIL 18, 2017
EXHIBIT BINDER #2: VESTED
DEVELOPMENT REGULATIONS
EXHIBIT 30
Entire Document
Available Upon
Request
AGENDA ITEM #7. f)
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Birdseye View
Quendall Terminals - Enhanced Alternative
Renton, Washington
Century Pacific, LLLP
I-405
Barbee Mill
Lake Washington
Public
Park
Seahawks
VMAC
Denny’s
EconoLodge
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EXHIBIT 32
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Larry Toedtli, PE Principal (Retired)
Expertise:
• Development traffic impact
analyses under SEPA
• Transportation analyses of
large master planned
developments
• Experience managing multiple
team members
• Experience managing on-call
contracts
• Multimodal transportation
planning under GMA
• Experience in facilitating
stakeholder engagement and
public outreach programs
Years Employed by Transpo: 30
Education:
MS, Civil Engineering
(Transportation), University of
Washington,1983
BS, Civil Engineering, University of
Colorado, 1977
Professional registrations
and licenses:
PE, Washington, #25888, 1989
PE, Colorado, #23125, 1985
Professional Associations
Institute of Transportation
Engineers (ITE)
Contact
larry.toedtli@comcast.net
Larry recently retired as a principal at Transpo with over 30 years of experience
developing area-wide and corridor level transportation plans. He directed
Transpo’s efforts in GMA-based transportation plans, transportation financing
strategies, and concurrency programs. He also had project management
responsibilities for transportation analyses supporting EISs for subarea plans,
planned action ordinances, and transportation corridor projects. He has a
thorough knowledge of travel forecasting and traffic operation analyses
techniques.
Larry also served local agencies in reviewing traffic impact studies for
developments within and outside of their jurisdiction. He recently assisted the
Cities of Duvall and Ferndale in this role.
Larry was appointed as a member of King County’s Transportation Concurrency
Expert Review Panel. The panel includes County staff, citizens, and representatives
from the development community. The panel developed recommendations to
refine the Concurrency program to reflect the changes in King County to a more
rural County and also to improve the interface between the County’s concurrency
program and SEPA processes.
Tehaleh Employment Based Planned Community, Pierce County
Larry directed Transpo’s transportation planning and traffic engineering
assistance for this large master Planned Community located in Pierce County
between Bonney Lake and Orting. When fully developed, the community will have
over 6,500 residences, a retail center, business park, schools, and golf course.
Transpo’s assistance has included sizing of on-site roadways, design of
roundabouts and street lighting, and roadway channelization for internal
roadways. Transpo has also assisted in monitoring the transportation mitigation
triggers based on the approved development agreement. Transpo has assisted
the project team and agency staff in defining the off-site roadway and mitigation
strategies to support future development phases. Larry also led the initial tasks
for the detailed transportation analyses to support the Phase 2 application for the
development.
Redmond Ridge/Trilogy/Redmond Ridge East Master Planned
Communities EISs, King County, WA
Larry managed the analysis of traffic impacts and development of a subarea
transportation improvement program for the EIS for a large mixed-use
community planned for rural King County. At buildout, the development will
include 5,400 dwelling units, neighborhood retail, 1.2 million SF of business park,
golf course and soccer fields. The analysis included assessing roadway
improvement needs and non-motorized system facilities, transit opportunities,
and financing. Key issues included accommodating urban traffic levels in an
otherwise rural area and potential traffic impacts on other jurisdictions. Larry
supported the projects through coordination with WSDOT and Redmond.
EXHIBIT 33
AGENDA ITEM #7. f)
Orton Junction Urban Growth Area EIS, Sumner, WA
Larry managed the transportation analysis for the EIS for this subarea located
south of SR 410 in Sumner. The City proposed to increase densities and expand
the Urban Growth Area (UGA) to accommodate a mix of residential, commercial,
and industrial land uses. The analysis addressed impacts and transportation
improvement needs in the immediate vicinity of the subarea.
Overlake Urban Center Residential Traffic Impact Analysis, Redmond
Larry managed an analysis of the potential traffic impacts of the additional multi-
family residential development within the proposed Overlake Urban Center. The
analysis focused on evaluating the impacts within the Overlake Transportation
Management District (TMD) and surrounding area of Bellevue. The City of
Redmond’s proposal to change the designation for the Overlake area from a
Manufacturing/Industrial Center to an Urban Center would not affect zoning or
the potential for residential growth in the area. Actual development of additional
residential units in the area would, however, result in some traffic impacts. The
impacts would primarily be in the immediate vicinity of the Overlake Urban
Center, with impacts decreasing further from the site.
Transportation Concurrency Expert Review Panel; King County, Washington.
Larry serves on the King County Transportation Concurrency Expert Review Panel.
The panel provides policy and technical guidance to King County staff as part of
their ongoing refinement of County policies and programs related to level of
service standards and concurrency. The panel has assisted in defining changes to
the programs as the County focuses on rural areas as annexations and
incorporations have greatly reduced the suburban areas under the jurisdiction of
King County.
Ferndale Main Street Master Plan and Planned Action EIS, Ferndale, WA
Larry managed the transportation analysis for the planned action EIS for
Ferndale’s Main Street near the I-5 interchange. The planned action would allow
over 1 million square feet of commercial developments. The EIS evaluated the use
of roundabouts vs. traffic signal improvements to address potential traffic
operations and safety impacts due to the increased level of development. The
analysis included comparison of levels of service, corridor travel speeds and cost
differences. The EIS also identified development mitigation strategies including
potential updates to the City’s transportation impact fee and concurrency
programs. He also coordinated with WSDOT on improvements related to impacts
on I-5 and interchanges at Main Street and Slater Road.
Pacific Ridge Subarea Plan and Planned Action EIS, Des Moines
Larry assisted the City of Des Moines in evaluating the transportation-related
impacts associated with 4,200 additional dwelling units and 6,900 additional
employees located within the Pacific Ridge subarea. To mitigate impacts, a variety
of strategies were identified, including a reduction in the amount of new
development, creation of a transit and transportation demand management
program, and/or funding and building necessary improvement projects through
one or more Local Improvement Districts (LIDs) or Transportation Benefit Districts
(TBDs). The Planned Action Ordinance took into account the City’s impact fee
requirements and street standard requirements.
AGENDA ITEM #7. f)
L A N C E M U E L L E R & A S S O C I A T E S
B O B W E L L S
A S S O C I A T E
Education: Bachelor of Architecture - 1969
University of Idaho, Moscow, ID
Professional
Registrations: Licensed Architect, State of Washington, USA - 1975
Experience: Bob has worked full-time in architecture since college graduation.
Consequently, he has many years of varied experience in the Seattle
area with project types including low and mid-rise commercial
structures and industrial structures.
Responsibility: Bob has been with Lance Mueller & Associates since 1973 and an
associate since 1980. His responsibilities have been for the design,
documentation and contract administration of numerous office, retail,
flex-tech, industrial, residential, and corporate facilities.
Representative
Projects: ROCKWELL COLLINS, Wilsonville, OR
This 221,000 sf manufacturing and office consolidated Rockwell’s
Portland area operations in one building in a wonderful natural
setting. Our roll was shell architect and coordinating shell revisions
with the TI Architect. Later we assisted Rockwell on a number of
smaller tenant improvements.
DWFRITZ PRECISION AUTOMATION, Wilsonville, OR
From 2009 to 2017 we were the Architects on three separate projects
totaling 273,000sf for this hi-tech manufacturer. The first two are new
2-story buildings and the last is a conversion of an existing industrial
building into an office and manufacturing facility filled with natural
light.
EXHIBIT 34
AGENDA ITEM #7. f)
L A N C E M U E L L E R & A S S O C I A T E S
B O B W E L L S
P A G E 2
COMPACT INFORMATION SYSTEMS, Redmond, WA
This 50,000 sf two story for a very sophisticated mailing label
business. In addition to the usual office, warehousing, and
expansion requirements, the facility included a nursery for the
employee's children, a very high-end lunch area, and adjacent
private park. If needs change, the park can convert to parking.
ONVIA BUILDING, Seattle, WA
The Onvia.com Building is a full block corporate development with
95,000 sf of office plus structured parking with many employee
amenities in Seattle. The four-story office ells around a large
naturally landscaped plaza and integrates with a separate
conference center building at the street corner. The restful plaza
includes a pond and seating for relaxing or strolling opportunities.
The service area and parking are underground on two levels.
ZETRON BUILDING, Redmond, WA
Zetron centralized their office and manufacturing headquarters into
this four-story 210,000 sf facility. The facility includes basement
parking and storage area and substantial areas dedicated to
greenbelt and wetlands.
THE GILBERT, Seattle, WA
A 3-story traditional brick apartment complex on top of bustling
Queen Anne hill with 54 units and 9,500 sf of street front retail with
the basement parking accessed from the alley.
AGENDA ITEM #7. f)
L A N C E M U E L L E R & A S S O C I A T E S
L A N C E M U E L L E R , A I A
P R E S I D E N T
Education: University of Washington
College of Architecture - 1962-1967
Professional
Registration: Licensed Architect, State of Washington, 1973.
Other States; California, Nevada, Idaho and Oregon.
Certificate - National Council of Architectural Registration Boards,
1974.
Professional
Affiliations: Member - American Institute of Architects
Lambda Alpha International Land Economics Honorary
International Conference of Building Officials
Experience: 1965 to 1970: Worked in three small Seattle architectural
firms.
1970 to present: Joined Richard Bouillon & Assoc./Architects in 1970.
Became owner of firm in 1973 upon death of R. Bouillon. Renamed
firm in 1975. Experience covers a wide variety of project types
including shopping centers, large retail stores, apartments, banks,
business parks, distribution centers, manufacturing buildings, offices,
parking garages and restaurants and planning of major office and
business parks.
Responsibility: Project conceptual and preliminary design and design development.
Project administration, contractual agreements and general office
administration.
Honors: National Association of Industrial and Office Parks
2005 Hall of Fame Inductee
EXHIBIT 35
AGENDA ITEM #7. f)
EXHIBIT 36
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AB - 1881
City Council Regular Meeting - 03 Apr 2017
SUBJECT/TITLE: Quendall Terminals Public Hearing
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Vanessa Dolbee, Current Planning Manager
EXT.: 7314
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The proponents for the Quendall Terminals land use application have requested the City consider a
Development Agreement. The Land Use application consists of a request for Master Site Plan, Binding Site
Plan, a Shoreline Permit, and now a Development Agreement for the construction of a mixed-use
development located at 4350 Lake Washington Blvd. The site is 21.46 acres and is zoned
Commercial/Office/Residential (COR). The Enhanced Alternative would contain 692 residential units, 42,190
square feet of commercial uses (retail and restaurant), 1,352 parking spaces, and 12.9 acres of parks/open
space.
A Public Hearing is tentatively scheduled for the subject land use application on April 18, 2017. The requested
Development Agreement establishes the new Enhanced Development Alternative and allows for an extended
time frame for the land use entitlements and associated development standard vesting from 5 years to 10
years, with a possible 5 year extension, for a total of 15 years. A public hearing is required to be held by City
Council when considering a Development Agreement. However, there is an opportunity to consolidate the
required public hearing for the Development Agreement with the public hearing for the land use entitlements
with the City’s Hearing Examiner. By consolidating the public hearing process for both the land use
entitlements and the development agreement, the public will be able to comment on both the development
project and the associated development agreement at one public hearing. Se cond, the Hearing Examiner
would have the benefit of considering all aspects of the project and associated public comments when making
a decision on the land use entitlements and a recommendation to City Council. A consolidated public hearing
process would streamline and simplify the public process for the overall project. The final decision authority
on the Development Agreement would remain with City Council, following a recommendation provided by the
City’s Hearing Examiner.
EXHIBITS:
A. Draft Development Agreement
STAFF RECOMMENDATION:
The Administration recommends consolidating the public hearing process for both the land use entitlements and the
development agreement and deferring this process to the City's Hearing Examiner.
EXHIBIT 39
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 1
When Recorded, Return to:
CITY CLERK’S OFFICE
City of Renton
1055 S. Grady Way
Renton, WA 98055
DEVELOPMENT AGREEMENT FOR QUENDALL TERMINALS
Grantors: The City of Renton and Quendall Terminals
Grantees: The City of Renton and Quendall Terminals
Abbreviated Legal Description: TO BE INSERTED
Additional Legal Description on Page 15 of Document (Exhibit A)
Assessor’s Property Tax Parcel/Account Number: 2924059002 OR □ NOT YET ASSIGNED
THIS DEVELOPMENT AGREEMENT (“Agreement”) by and between the CITY OF
RENTON, a municipal corporation organized and existing under the laws of the State of
Washington (“City”), and QUENDALL TERMINALS, a Washington joint venture, its
successors and assigns (“Developer”), is made and entered into this ____ day of
________ , 2016 (the “Effective Date”) pursuant to the authority of RCW 36.70B.170 et
seq. The City and Developer are the Parties to this Agreement.
RECITALS
A. Developer is the developer of that certain real property comprising 20.3
acres more or less located between Lake Washington and Lake Washington Boulevard,
and that certain real property comprising 1.2 acres more or less across the railroad right
of way to the east, both within the municipal bo undaries of the City of Renton in King
County, Washington, and legally described on Exhibit A attached hereto and depicted on
Exhibit A-1 (the “Quendall Property” or “Property”)).
B. Developer intends to develop the Quendall Property as a mixed-use
multi-family residential development (the “Project”), as more particularly described in
land use applications, LUA09-151, on file with the City of Renton and, subject to this
Agreement, including the Enhanced Alternative described herein. Project development
may be phased, subject to the conditions of the Hearing Examiner’s Decision.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 2
C. The Quendall Property has received a Superfund designation from the
U.S. Environmental Protection Agency (“EPA”) and Developer is currently working on a
remediation plan with the EPA. This Agreement pertains to redevelopment of the
remediated Property. The Parties intend that this Agreement be construed to enable
development authorized by the Hearing Examiner’s Decision on the Master Plan and
subsequent necessary and/or appealed land use decisions. Such development shall
contain at minimum the attributes identified as Project Elements in Section 3 and
comply with all conditions and amenities identified in the approved Master Plan.
Development would occur in a manner consistent with post-remediation site conditions
and such controls as are imposed by or agreed to with the EPA. For instance, if
remediation is undertaken in phases, then Project phasing may be coordinated to occur
first on remediated areas of the Property, pending a City approved final phasing plan
that is consistent with the phasing conditions of the Master Plan Decision or any
subsequent land use actions.
D. Developer submitted Project applications for a Master Plan approval,
Binding Site Plan approval and Shoreline Substantial Development permit, which
applications were deemed complete by the City on February 10, 2010 (together, the
“Initial Project Applications”).
E. Pursuant to the State Environmental Policy Act, Ch. 43.21C RCW (“SEPA”),
the City issued a Draft Environmental Impact Statement (the “DEIS”) on December 10,
2010, on the Initial Project Applications and alternatives. In response to comments on
the DEIS, Developer developed a Preferred Alternative that was downsized from the
DEIS, and office space was removed from the proposal. Key Project specifications of the
Preferred Alternative are set forth in the Master Plan application materials, LUA09-151
and attached to the Staff Report to the Hearing Examiner as Exhibits. The City issued an
addendum to the DEIS on October 19, 2012, which addressed the Preferred Alternative
(the “Addendum”). A Final Environmental Impact Statement (the “FEIS”) and Mitigation
Document were issued on August 31, 2015.
F. In January 2016, at the City’s request, Developer updated the Initial
Project Applications plan sets to reflect the Preferred Alternative and incorporate plan
set level components of the specified SEPA mitigation measures.
G. Pursuant to the Revised Code of Washington Chapter 36.70B.170 et seq.
(“the Development Agreement Statute”), the City may enter into a development
agreement with an entity having ownership or control of real property within its
jurisdiction.
H. A development agreement can provide for an extended duration of
approvals. The Developer is willing to incorporate more public benefits into the Project,
as specified in the Enhanced Alternative set forth herein, in exchange for extended
permit duration.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 3
I. It is the intent of this Development Agreement to provide for
development of the Project using the Enhanced Alternative addressed herein, together
with all other terms and conditions of this Agreement, provided, however, that the
Parties acknowledge that Project applications for the Enhanced Alternative are subject
to hearing and decision by the Renton Hearing Examiner as provided under Renton
Municipal Code Sections 4-9-200(D)(1) and 4-8-070(J).
J. The City’s Responsible SEPA Official has reviewed the Project changes
proposed under the Enhanced Alternative and this Development Agreement in
accordance with SEPA, and has issued a determination of consistency with the existing
SEPA review. The DEIS, Addendum, FEIS, and Determination of Consistency together
constitute the “Project-level SEPA Review.”
K. The City Council held a public hearing on this Development Agreement on
____________, 2017.
L. The City has found that development of the Enhanced Alternative of all or
portions of the Quendall Property consistent with this Agreement and the associated
land use decisions will benefit the community at large including the Quendall Property.
NOW THEREFORE, in consideration of the mutual agreements of the Parties set
forth herein, as well as other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby covenant and agree as follows:
AGREEMENTS
1. ADDITIONAL DEFINITIONS.
Development Regulations mean those regulations encompassed in Title IV of
the Renton Municipal Code (“RMC”) in effect on the Vesting Date.
Enhanced Alternative means the Project substantially as described in the Project
Elements at Section 3 and on the Master Plan and associated conditions of approval as
approved by the Hearing Examiner.
Land Use Policies and Regulations mean Renton Comprehensive Plan land use
designations and policies, and the Development Regulations, in effect on the Vesting
Date.
Master Plan Decision means the decision of the Hearing Examiner on the Master
Plan, Shoreline Substantial Development Permit, and Binding Site Plan applications
under LUA09-151.
RMC means the Renton Municipal Code.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 4
The Vesting Date is February 10, 2010, the date that the City determined that
Developer’s applications for a Master Plan approval, Binding Site Plan approval and
Shoreline Substantial Development permit were complete.
2. BASIS OF AGREEMENT.
2.1 Intent. This Agreement establishes certain roles and
responsibilities for the potential redevelopment of all or a portion of the Quendall
Property under the Enhanced Alternative described in Section 3 herein, including but
not limited to Developer commitments that development of the Master Plan shall be
consistent with the vested Land Use Policies and Regulations and the terms and
conditions of this Agreement and any associated land use decisions for the project. It is
the intent of this Agreement that redevelopment may be phased according to the
principles set out in this Agreement, subject to City of Renton approval and the
conditions set forth in the Master Plan Decision.
3. PROJECT ELEMENTS. The Project Enhanced Alternative shall include the
Project Elements which includes the following:
3.1 Enhanced Alternative. The Parties agree that the following
enhancements to the Preferred Alternative are in the public interest and support Project
objectives. The Parties agree that the Project with the Enhanced Alternatives should be
taken through the Hearing Examiner process in accordance with RMC 4-9-200(D)(1) and
4-8-070(J).
3.1.1 1.3 acres of the southwest corner of the Project shall be a
public park constructed by the Developer and maintained by the Homeowners’
Association, open for public use between the hours of dawn to dusk;
3.1.2 Retail/restaurant/office space and street activation
(fountains, artwork, etc.) shall be required at street level along Street B and along the
lakeside frontage of residential buildings and other street frontage as necessary to
qualify for a minimum of 50 percent of the building street frontage at a minimum depth
of 20 feet of the project site;
3.1.3 The developer and the City will collaborate in the
development of a public dock/pier associated with the public park. The Developer and
City shall jointly develop a future dock proposal for permitting and environmental
review that addresses public and Project interests to the parties’ mutual satisfaction
(“Future Dock Proposal”). The City will be responsible for obtaining all required permits.
The Developer shall fund permitting costs for the Future Dock Proposal and construct
the dock and any required mitigation, provided that both the City and Developer
approve of the final dock design, budget, and all dock permit conditions. Should the EPA
or either party not approve the dock location and design the City and the developer will
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 5
work together to develop an alternative proposal to allow for access to Lake
Washington while meeting the requirements of the EPA. The Future Dock Proposal,
design and permitting shall be completed within the first five (5) years of the term if this
agreement. The Future Dock Proposal shall be constructed and completed for public
access within this first ten (10) years of the term of this agreement. All work related to
the Future Dock Proposal shall be permitted, constructed, and final inspection
completed prior to final occupancy of the last building in the Master Plan.
3.1.4 The Parties agree that the City shall have the right and the
Developer is required, following year five of the Initial Term of this Agreement as
defined in Section 4, to conduct an updated transportation analysis in compliance with
SEPA (the “SEPA Transportation Update”), which shall be subject to City review. In
order to impose requirements of the SEPA Transportation Update, the property owner
shall be required to provide written notice to the City, after the foregoing time trigger
has occurred, that the SEPA Transportation Update (the “Update Notice”) will be
performed. The Transportation Update shall result in written findings and conclusions,
and may result in a recommendation for reasonable new future permit conditions and
mitigations for the Project, if required based on changed conditions and associated
Project impacts. If the SEPA Transportation Update identifies significant adverse
transportation impacts of the Project that are not mitigated in the original SEPA
transportation analysis, then the City may impose additional mitigation to address such
unmitigated Project impacts.
3.1.5 Building SW4 shall be constructed at no more than 3 floors over
parking, building SW3 shall be constructed at no more than 4 floors over parking, and all
other buildings shall be constructed at no more than 5 floors over parking.
3.2 Mitigation Plan. The Mitigation Plan consists of the mitigation
document issued on August 31, 2015 and any mitigation conditions added by the
Hearing Examiner in the Master Plan Decision. In addition the mitigation plan will
include any new transportation permit conditions and transportation mitigation
requirements for the Project as a result of the Transportation Update following year
five. The Mitigation Plan also will include any new transportation permit conditions and
transportation mitigation requirements for the Project as a result of the Transportation
Update following year 10 of the Initial Term of this Agreement, if a permit extension
under Section 4 of this Agreement is requested and permitted.
3.3 Project Phasing. Development of the Project may be phased
consistent with the approved Master Plan and SEPA Mitigation Document and any
subsequent land use approvals such as site plan review, both during remediation and for
purposes of Developer’s development program, including in response to market
conditions. The City and the Developer acknowledge that, generally, site remediation
under EPA’s oversight will occur before Project development, provided, however, that
during remediation the Developer may install certain Project infrastructure
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 6
components. The Parties further agree to allow phasing according to the following
phasing principles, provided, however, that the Parties may determine that a more
detailed Project Phasing Plan will be prepared to govern Project Phasin g:
3.3.1 A Project Phase may include one or more Project Lots.
Alternatively, a Project Phase may include one or more Project Buildings, as such
Buildings are defined and depicted in the Quendall Terminals Master Plan, LUA09-151.
3.3.2 Each Project Phase shall have all required infrastructure
and mitigation for the phase in place at the time of certificate of occupancy, or final
inspection if the phase or use does not require a certificate of occupancy, sufficient to
provide pedestrian and vehicular access, utilities and public facilities including parking
areas for bicycles and vehicles, site amenities identified for the phase and semi-private
open space.
3.3.3 Development of Lots or Buildings abutting Street B may be
prioritized to be the first Project Phase(s) of development, provided, however, that the
Parties agree to consider alternative Project Phasing priorities if needed in response to
sequenced remediation.
3.4 Duration of Project Permits. Provided that Project permits are
approved by the Hearing Examiner, all City land use permits and approvals issued for the
Project shall enjoy a duration through the term of this Agreement, including any
extensions under Section 4.
4. TERM. The term of this Agreement shall begin on the Effective Date and
continue for ten years from the earlier of (i) the date of issuance of the EPA’s Record of
Decision, or (ii) the Hearing Examiners Decision and/or any subsequent appeal decision
dates (“Initial Term”). This Agreement shall remain in effect during i ts term unless and
until Developer (owning at least 51 percent of the Quendall Property by assessed value
((excluding any City-owned land)) gives notice of termination. If 51 percent of the
residential and commercial space has been constructed and received a Certificate of
Occupancy (CO) then the City may extend this Agreement, following a second SEPA
Transportation Update, upon Developer’s request 30 days in advance of the sunset
date, for one additional five-year period of time.
5. VESTING.
5.1 Project Elements, Development Standards and Implementing
Approvals. In accordance with the Development Agreement Statute, Developer is
vested to the Development Regulations in effect on the Vesting Date, which extends to
City of Renton ordnance number 5523.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 7
5.2 Vesting Exceptions. During the term of this Agreement, the City
shall not impose on the Project any modified or new or additional Development
Regulations, except any new federal or state statutes, rules, regulations, administrative
interpretations or court decisions that add regulatory requirements on the City that it
must enforce that are not subject to a “grandfather” or “safe harbor” clause that would
delay the City’s enforcement responsibility beyond the life of this Agreement.
5.3 City’s Reserved Authority. In accordance with the Development
Agreement Statute, RCW 36.70B.170(4), the City reserves the authority to impose new
or different Development Regulations to the extent required by a serious threat to
public health and safety.
6. GENERAL PROVISIONS.
6.1 Authority; Severability. The City and Developer each represent
and warrant it has the respective power and authority, and is duly authorized to
execute, deliver and perform its obligations under this Agreement. The Partie s intend
this Agreement to be interpreted to the full extent authorized by law as an exercise of
the City’s authority to enter into such agreements, and this Agreement shall be
construed to reserve to the City only that police power authority which is proh ibited by
law from being subject to a mutual agreement with consideration. This Agreement shall
be binding upon and inure to the benefit of the successors and assigns of Developer and
the City. If any provision of this Agreement is determined to be unenforceable or invalid
by a court of law, then (i) this Agreement shall thereafter be modified to implement the
intent of the Parties to the maximum extent allowable under law, (ii) the Parties agree
to seek diligently to modify the Agreement consistent with the court decision, and (iii)
neither party shall undertake any actions inconsistent with the intent of this Agreement
until the modification to this Agreement has been completed.
6.2 Amendment; Minor Modifications. Any amendment to this
Agreement must be approved by the City and Developer so long as it owns any portion
of the Quendall Property or retains any responsibility for off-site mitigation, other
obligations under this Agreement, or obligations pursuant to any Record of Decision or
any NRD settlement. Notwithstanding the foregoing, upon request of Developer, a
designated City official may approve administrative minor modifications to the
Development Standards, which administrative modifications shall not be deemed
amendments to this Agreement. Administrative minor modifications mean those
changes to the Development Standards that do not materially increase impacts on
transportation or utility systems or the environment, taking into account agreed upon
mitigation, and those modifications which do not materially reduce buffers or open
space. Any modifications of Development Standards shall require the written consent of
Developer and the City, including administrative minor modifications under this section.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 8
6.3 Recording; No Third Party Beneficiary. Pursuant to the
Development Agreement Statute, RCW 36.70B.190, this Agreement or a memorandum
thereof shall be recorded with the King County Recorder’s Office. This Agreement is
made and entered into for the sole protection and benefit of the Parti es, their
successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
6.4 Notices. All communications, notices and demands of any kind
which a party under this Agreement requires or desires to give to any other party shall
be in writing and either (i) delivered personally (including delivery by professional
courier services), (ii) sent by facsimile transmission with an additional copy mailed first
class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt
requested, to the addresses set forth with each signature. Notice by hand delivery or
facsimile shall be effective upon receipt. If deposited in the mail, notice shall be
deemed delivered 48 hours after deposited. Any party at any time by notice to the
other party may designate a different address or person to which such notice or
communication shall be given.
If to the City of Renton:
Renton City Hall
Attn: Mayor
Attn: Development Services Director
1055 S. Grady Way
Renton, WA 98057
If to Quendall Terminals:
Quendall Terminals
Attn: Robert Cugini
P.O. Box 359
Renton, WA 98057
and to
J.H. Baxter & Co.
Attn: Georgia Baxter
P.O. Box 5902
San Mateo, CA 94402-0902
With a copy to:
Campbell Mathewson
CenturyPacific, LLLP
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 9
1201 Third Avenue, Suite 1680
Seattle, WA 98101-3029
Davis Wright Tremaine
Attn: Lynn Manolopolous
777 108th Avenue NE, Suite 2300
Bellevue, Washington 98004-5149
Cable Huston LLP
Attn: James E. Benedict
1001 SW Fifth Avenue
Suite 2000
Portland, Oregon 97204-1136
T. Ryan Durkan
Hillis, Clark, Martin & Peterson P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98101
6.5 Applicable Law and Venue. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. Any action with
respect to this Agreement shall be brought in King County Superior Court, Washington.
6.6 Multiple Originals. This Agreement may be executed in two (2) or
more facsimile or .pdf counterparts, each of which shall be deemed an original, but all of
which together shall constitute one instrument.
6.7 Headings; Recitals and Attachments. The headings in this
Agreement are inserted for reference only and shall not be construed to expand, limit or
otherwise modify the terms and conditions of this Agreement. The recitals to this
Agreement and Exhibits A are incorporated in this Agreement by this reference as if fully
set forth.
6.8 Dispute Resolution.
6.8.1 If any dispute arises out of any aspect of this Agreement,
the Parties must first try in good faith to settle the dispute through mediation. This
mediation must commence within 60 days after any party to the Agreement notifies the
other party requesting mediation to resolve a dispute.
6.8.2 If the Parties are not able to resolve their dispute through
mediation, they agree to submit the matter for resolution through binding arbitration.
The arbitrator shall be mutually chosen by both Parties. In no case may a mediator who
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 10
has mediated a claim serve as the arbitrator on the same claim. If the Parties cannot
agree on an arbitrator, either party or the Parties jointly may apply to the presiding
judge of the King County Superior Court to appoint an arbitrator. The arbitrator will
consult with the Parties and establish the rules and procedures for the arbitration that,
in light of the nature of the matter under dispute, will provide an efficient and fair
means for each of the Parties to present its case. Among other things, the arbitrator will
establish a schedule for completing the arbitration and issuing a decision. The decision
of the arbitrator will be final and may be enforced by an action brought in King County
Superior Court. In such an action, the prevailing party is entitled to recover all costs and
expenses, including all legal fees, incurred in that action.
6.8.3 The Parties will bear the costs of retaining a mediator or
an arbitrator equally.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 11
IN WITNESS WHEREOF, this Agreement has been entered into by the City and
Developer effective on the last date of signature below.
DATED this _____ day of ____________________, 2017
Joint Venture known as QUENDALL TERMINALS
By:__________________________
Altino Properties, Inc.
Its:Authorized Representative
By:__________________________
Robert Cugini
Its: Vice President
Date: ________________________
CITY OF RENTON
By:
Denis Law
Mayor
Date: ________________________
ATTEST:
By:___________________________
Jason A. Seth
City Clerk
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 12
ACKNOWLEDGEMENTS
STATE OF ___________ )
) ss:
COUNTY OF ___________ )
On this _____ day of _______, 2016, before me, a Notary Public in and
for the State of _______, County of ________, personally appeared ________________,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument, who has produced sufficient proof of his/her
power and authority to execute and sign the instrument in the name of and on behalf of
QUENDALL TERMINALS, to be the free and voluntary act and deed of said association for
the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC in and for the state of
______________________.
Notary (print):______________________
My appointment expires: _____________
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 13
STATE OF ___________ )
) ss:
COUNTY OF ___________ )
On this _____ day of _______, 2017, before me, a Notary Public in and
for the State of Washington, County of King, personally appeared Denis Law, Mayor,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument, who has produced sufficient proof of his
power and authority to execute and sign the instrument in the name of and on behalf of
CITY OF RENTON, to be the free and voluntary act and deed of said association for the
uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC in and for the state of
______________________.
Notary (print):______________________
My appointment expires: _____________
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 14
List of Exhibits:
Exhibit A – Legal Description of Property
Exhibit A-1-Map
AGENDA ITEM #7. f)
11/11/2016
Exhibit A
Page 15
AGENDA ITEM #7. f)
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF RENTON AND QUENDALL TERMINALS, A WASHINGTON JOINT
VENTURE.
WHEREAS, Quendall Terminals, a Washington joint venture, made application to the City
of Renton for a Master Site Plan, Binding Site Plan, and Shoreline Substantial Development
Permit; and
WHEREAS, SEPA Environmental Review was completed for the Quendall Terminals
project, with the City issuing a Draft Environmental Impact Statement (DEIS) on December 10,
2010, an Addendum to the DEIS on October 19, 2012, a Final Environmental Impact Statement
(FEIS) and Mitigation Document on August 31, 2015, and a Consistency Analysis on February 9,
2017; and
WHEREAS, development agreements are authorized under RCW 36.70B.170‐210; and
WHEREAS, a development agreement and associated land use applications, LUA09‐151,
were presented for the Quendall Terminals project at a public hearing before the Hearing
Examiner held on April 18, 2017; and
WHEREAS, the Hearing Examiner heard public comment presented at the public hearing
for the Quendall Terminals project and on May 9, 2017 issued a decision recommending that the
City Council approve a modified development agreement and associated land use applications
(LUA09‐151) subject to 46 conditions of approval; and
AGENDA ITEM #7. f)
RESOLUTION NO. _______
2
WHEREAS, the City Council has taken into account the public comment presented at the
public hearing and the Hearing Examiner’s recommendation and has considered the
development agreement attached hereto as Attachment A which incorporates the Hearing
Examiner’s recommended modification;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to sign the development
agreement between the City of Renton and Quendall Terminals, a Washington Joint Venture, the
form of which is attached hereto as Exhibit A and incorporated by this reference.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of ___________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES:1725:5/12/17:scr
AGENDA ITEM #7. f)
RESOLUTION NO. _______
3
EXHIBIT A
FORM OF DEVELOPMENT AGREEMENT
BETWEEN CITY OF RENTON AND QUENDALL TERMINALS, A
WASHINGTON JOINT VENTURE
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 1
When Recorded, Return to:
CITY CLERK’S OFFICE
City of Renton
1055 S. Grady Way
Renton, WA 98055
DEVELOPMENT AGREEMENT FOR QUENDALL TERMINALS
Grantors: The City of Renton and Quendall Terminals
Grantees: The City of Renton and Quendall Terminals
Abbreviated Legal Description: TO BE INSERTED
Additional Legal Description on Page 15 of Document (Exhibit A)
Assessor’s Property Tax Parcel/Account Number: 2924059002 OR □ NOT YET ASSIGNED
THIS DEVELOPMENT AGREEMENT (“Agreement”) by and between the CITY OF
RENTON, a municipal corporation organized and existing under the laws of the State of
Washington (“City”), and QUENDALL TERMINALS, a Washington joint venture, its
successors and assigns (“Developer”), is made and entered into this ____ day of
________ , 2016 (the “Effective Date”) pursuant to the authority of RCW 36.70B.170 et
seq. The City and Developer are the Parties to this Agreement.
RECITALS
A. Developer is the developer of that certain real property comprising 20.3
acres more or less located between Lake Washington and Lake Washington Boulevard,
and that certain real property comprising 1.2 acres more or less across the railroad right
of way to the east, both within the municipal bo undaries of the City of Renton in King
County, Washington, and legally described on Exhibit A attached hereto and depicted on
Exhibit A-1 (the “Quendall Property” or “Property”)).
B. Developer intends to develop the Quendall Property as a mixed-use
multi-family residential development (the “Project”), as more particularly described in
land use applications, LUA09-151, on file with the City of Renton and, subject to this
Agreement, including the Enhanced Alternative described herein. Project development
may be phased, subject to the conditions of the Hearing Examiner’s Decision.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 2
C. The Quendall Property has received a Superfund designation from the
U.S. Environmental Protection Agency (“EPA”) and Developer is currently working on a
remediation plan with the EPA. This Agreement pertains to redevelopment of the
remediated Property. The Parties intend that this Agreement be construed to enable
development authorized by the Hearing Examiner’s Decision on the Master Plan and
subsequent necessary and/or appealed land use decisions. Such development shall
contain at minimum the attributes identified as Project Elements in Section 3 and
comply with all conditions and amenities identified in the approved Master Plan.
Development would occur in a manner consistent with post-remediation site conditions
and such controls as are imposed by or agreed to with the EPA. For instance, if
remediation is undertaken in phases, then Project phasing may be coordinated to occur
first on remediated areas of the Property, pending a City approved final phasing plan
that is consistent with the phasing conditions of the Master Plan Decision or any
subsequent land use actions.
D. Developer submitted Project applications for a Master Plan approval,
Binding Site Plan approval and Shoreline Substantial Development permit, which
applications were deemed complete by the City on February 10, 2010 (together, the
“Initial Project Applications”).
E. Pursuant to the State Environmental Policy Act, Ch. 43.21C RCW (“SEPA”),
the City issued a Draft Environmental Impact Statement (the “DEIS”) on December 10,
2010, on the Initial Project Applications and alternatives. In response to comments on
the DEIS, Developer developed a Preferred Alternative that was downsized from the
DEIS, and office space was removed from the proposal. Key Project specifications of the
Preferred Alternative are set forth in the Master Plan application materials, LUA09-151
and attached to the Staff Report to the Hearing Examiner as Exhibits. The City issued an
addendum to the DEIS on October 19, 2012, which addressed the Preferred Alternative
(the “Addendum”). A Final Environmental Impact Statement (the “FEIS”) and Mitigation
Document were issued on August 31, 2015.
F. In January 2016, at the City’s request, Developer updated the Initial
Project Applications plan sets to reflect the Preferred Alternative and incorporate plan
set level components of the specified SEPA mitigation measures.
G. Pursuant to the Revised Code of Washington Chapter 36.70B.170 et seq.
(“the Development Agreement Statute”), the City may enter into a development
agreement with an entity having ownership or control of real property within its
jurisdiction.
H. A development agreement can provide for an extended duration of
approvals. The Developer is willing to incorporate more public benefits into the Project,
as specified in the Enhanced Alternative set forth herein, in exchange for extended
permit duration.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 3
I. It is the intent of this Development Agreement to provide for
development of the Project using the Enhanced Alternative addressed herein, together
with all other terms and conditions of this Agreement, provided, however, that the
Parties acknowledge that Project applications for the Enhanced Alternative are subject
to hearing and decision by the Renton Hearing Examiner as provided under Renton
Municipal Code Sections 4-9-200(D)(1) and 4-8-070(J).
J. The City’s Responsible SEPA Official has reviewed the Project changes
proposed under the Enhanced Alternative and this Development Agreement in
accordance with SEPA, and has issued a determination of consistency with the existing
SEPA review. The DEIS, Addendum, FEIS, and Determination of Consistency together
constitute the “Project-level SEPA Review.”
K. The City Council held a public hearing on this Development Agreement on
____________, 2017.
L. The City has found that development of the Enhanced Alternative of all or
portions of the Quendall Property consistent with this Agreement and the assoc iated
land use decisions will benefit the community at large including the Quendall Property.
NOW THEREFORE, in consideration of the mutual agreements of the Parties set
forth herein, as well as other valuable consideration, the receipt and sufficiency o f
which is hereby acknowledged, the Parties hereby covenant and agree as follows:
AGREEMENTS
1. ADDITIONAL DEFINITIONS.
Development Regulations mean those regulations encompassed in Title IV of
the Renton Municipal Code (“RMC”) in effect on the Vesting Date.
Enhanced Alternative means the Project substantially as described in the Project
Elements at Section 3 and on the Master Plan and associated conditions of approval as
approved by the Hearing Examiner.
Land Use Policies and Regulations mean Renton Comprehensive Plan land use
designations and policies, and the Development Regulations, in effect on the Vesting
Date.
Master Plan Decision means the decision of the Hearing Examiner on the Master
Plan, Shoreline Substantial Development Permit, and Binding Site Plan applications
under LUA09-151.
RMC means the Renton Municipal Code.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 4
The Vesting Date is February 10, 2010, the date that the City determined that
Developer’s applications for a Master Plan approval, Binding Site Plan approval and
Shoreline Substantial Development permit were complete.
2. BASIS OF AGREEMENT.
2.1 Intent. This Agreement establishes certain roles and
responsibilities for the potential redevelopment of all or a portion of the Quendall
Property under the Enhanced Alternative described in Section 3 herein, including but
not limited to Developer commitments that development of the Master Plan shall be
consistent with the vested Land Use Policies and Regulations and the terms and
conditions of this Agreement and any associated land use decisions for the project. It is
the intent of this Agreement that redevelopment may be phased according to the
principles set out in this Agreement, subject to City of Renton approval and the
conditions set forth in the Master Plan Decision.
3. PROJECT ELEMENTS. The Project Enhanced Alternative shall include the
Project Elements which includes the following:
3.1 Enhanced Alternative. The Parties agree that the following
enhancements to the Preferred Alternative are in the public interest and support Project
objectives. The Parties agree that the Project with the Enhanced Alternatives should be
taken through the Hearing Examiner process in accordance with RMC 4 -9-200(D)(1) and
4-8-070(J).
3.1.1 1.3 acres of the southwest corner of the Project shall be a
public park constructed by the Developer and maintained by the Homeowners’
Association, open for public use between the hours of dawn to dusk;
3.1.2 Retail/restaurant/office space and street activation
(fountains, artwork, etc.) shall be required at street level along Street B and along the
lakeside frontage of residential buildings and other street frontage as necessary to
qualify for a minimum of 50 percent of the building street frontage at a minimum depth
of 20 feet of the project site;
3.1.3 The developer and the City will collaborate in the
development of a public dock/pier associated with the public park. The Developer and
City shall jointly develop a future dock proposal for permitting and environmental
review that addresses public and Project interests to the parties’ mutual satisfaction
(“Future Dock Proposal”). The City will be responsible for obtaining all required permits.
The Developer shall fund permitting costs for the Future Dock Proposal and construct
the dock and any required mitigation, provided that both the City and Developer
approve of the final dock design, budget, and all dock permit conditions. Should the EPA
or either party not approve the dock location and design the City and the developer will
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 5
work together to develop an alternative proposal to allow for access to Lake
Washington while meeting the requirements of the EPA. The Future Dock Proposal,
design and permitting shall be completed within the first five (5) years of the term if this
agreement. The Future Dock Proposal shall be constructed and completed for public
access within this first ten (10) years of the term of this agreement. All work related to
the Future Dock Proposal shall be permitted, constructed, and final inspection
completed prior to final occupancy of the last building in the Master Plan.
3.1.4 The Parties agree that the City shall have the right and the
Developer is required, following year five of the Initial Term of this Agreement as
defined in Section 4, to conduct an updated transportation analysis in compliance with
SEPA (the “SEPA Transportation Update”), which shall be subject to City review. In
order to impose requirements of the SEPA Transportation Update, the property owner
shall be required to provide written notice to the City, after the foregoing time trigger
has occurred, that the SEPA Transportation Update (the “Update Notice”) will be
performed. The Transportation Update shall result in written findings and conclusions,
and may result in a recommendation for reaso nable new future permit conditions and
mitigations for the Project, if required based on changed conditions and associated
Project impacts. If the SEPA Transportation Update identifies significant adverse
transportation impacts of the Project that are not mitigated in the original SEPA
transportation analysis, then the City may impose additional mitigation to address such
unmitigated Project impacts.
3.1.5 Building SW4 shall be constructed at no more than 3 floors over
parking, building SW3 shall be constructed at no more than 4 floors over parking, and all
other buildings shall be constructed at no more than 5 floors over parking.
3.2 Mitigation Plan. The Mitigation Plan consists of the mitigation
document issued on August 31, 2015 and any mitigation conditions added by the
Hearing Examiner in the Master Plan Decision. In addition the mitigation plan will
include any new transportation permit conditions and transportation mitigation
requirements for the Project as a result of the Transportation Update f ollowing year
five. The Mitigation Plan also will include any new transportation permit conditions and
transportation mitigation requirements for the Project as a result of the Transportation
Update following year 10 of the Initial Term of this Agreement, if a permit extension
under Section 4 of this Agreement is requested and permitted.
3.3 Project Phasing. Development of the Project may be phased
consistent with the approved Master Plan and SEPA Mitigation Document and any
subsequent land use approvals such as site plan review, both during remediation and for
purposes of Developer’s development program, including in response to market
conditions. The City and the Developer acknowledge that, generally, site remediation
under EPA’s oversight will occur before Project development, provided, however, that
during remediation the Developer may install certain Project infrastructure
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 6
components. The Parties further agree to allow phasing according to the following
phasing principles, provided, however, that the Parties may determine that a more
detailed Project Phasing Plan will be prepared to govern Project Phasing:
3.3.1 A Project Phase may include one or more Project Lots.
Alternatively, a Project Phase may include one or more Project Buildings, as such
Buildings are defined and depicted in the Quendall Terminals Master Plan, LUA09-151.
3.3.2 Each Project Phase shall have all required infrastructure
and mitigation for the phase in place at the time of certificate of occupancy, or final
inspection if the phase or use does not require a certificate of occupancy, sufficient to
provide pedestrian and vehicular access, utilities and public facilities including parking
areas for bicycles and vehicles, site amenities identified for the phase and semi-private
open space.
3.3.3 Development of Lots or Buildings abutting Street B may be
prioritized to be the first Project Phase(s) of development, provided, however, that the
Parties agree to consider alternative Project Phasing priorities if needed in response to
sequenced remediation.
3.4 Duration of Project Permits. Provided that Project permits are
approved by the Hearing Examiner, all City land use permits and approvals issued for the
Project shall enjoy a duration through the term of this Agreement, including any
extensions under Section 4.
4. TERM. The term of this Agreement shall begin on the Effective Date and
continue for ten years from the earlier of (i) the date of issuance of the EPA’s Record of
Decision, or (ii) the Hearing Examiners Decision and/or any subsequent appeal decision
dates (“Initial Term”). This Agreement shall remain in effect during its term unless and
until Developer (owning at least 51 percent of the Quendall Property by assessed value
((excluding any City-owned land)) gives notice of termination. If 51 percent of the
residential and commercial space has been constructed and received a Certificate of
Occupancy (CO) then the City may extend this Agreement, following a second SEPA
Transportation Update, upon Developer’s request 30 days in advance of the sunset
date, for one additional five-year period of time.
5. VESTING.
5.1 Project Elements, Development Standards and Implementing
Approvals. In accordance with the Development Agreement Statute, Developer is
vested to the Development Regulations in effect on the Vesting Date, which extends to
City of Renton ordnance number 5523.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 7
5.2 Vesting Exceptions. During the term of this Agreement, the City
shall not impose on the Project any modified or new or additional Development
Regulations, except any federal or state statutes, rules, regulations, administrative
interpretations or court decisions that add regulatory requirement s on the City that it
must enforce that are not subject to a “grandfather” or “safe harbor” clause that would
delay the City’s enforcement responsibility beyond the life of this Agreement.
Stormwater regulations are specifically exempt from vesting to the extent mandated by
the Phase II National Pollution Discharge Elimination System permit applicable to the
City of Renton.
5.3 City’s Reserved Authority. In accordance with the Development
Agreement Statute, RCW 36.70B.170(4), the City reserves the authority to impose new
or different Development Regulations to the extent required by a serious threat to
public health and safety.
6. GENERAL PROVISIONS.
6.1 Authority; Severability. The City and Developer each represent
and warrant it has the respective power and authority, and is duly authorized to
execute, deliver and perform its obligations under this Agreement. The Parties intend
this Agreement to be interpreted to the full extent authorized by law as an exercise of
the City’s authority to enter into such agreements, and this Agreement shall be
construed to reserve to the City only that police power authority which is prohibited by
law from being subject to a mutual agreement with consideration. This Agreement shall
be binding upon and inure to the benefit of the successors and assigns of Developer and
the City. If any provision of this Agreement is determined to be unenforceable or invalid
by a court of law, then (i) this Agreement shall thereafter be modified to implement the
intent of the Parties to the maximum extent allowable under law, (ii) the Parties agree
to seek diligently to modify the Agreement consistent with the court decision, and (iii)
neither party shall undertake any actions inconsistent with the intent of this Agreement
until the modification to this Agreement has been completed.
6.2 Amendment; Minor Modifications. Any amendment to this
Agreement must be approved by the City and Developer so long as it owns any por tion
of the Quendall Property or retains any responsibility for off-site mitigation, other
obligations under this Agreement, or obligations pursuant to any Record of Decision or
any NRD settlement. Notwithstanding the foregoing, upon request of Developer, a
designated City official may approve administrative minor modifications to the
Development Standards, which administrative modifications shall not be deemed
amendments to this Agreement. Administrative minor modifications mean those
changes to the Development Standards that do not materially increase impacts on
transportation or utility systems or the environment, taking into account agreed upon
mitigation, and those modifications which do not materially reduce buffers or open
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 8
space. Any modifications of Development Standards shall require the written consent of
Developer and the City, including administrative minor modifications under this section.
6.3 Recording; No Third Party Beneficiary. Pursuant to the
Development Agreement Statute, RCW 36.70B.190, this Agreement or a memorandum
thereof shall be recorded with the King County Recorder’s Office. This Agreement is
made and entered into for the sole protection and benefit of the Parties, their
successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
6.4 Notices. All communications, notices and demands of any kind
which a party under this Agreement requires or desires to give to any other party shall
be in writing and either (i) delivered personally (including delivery by professional
courier services), (ii) sent by facsimile transmission with an additional copy mailed first
class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt
requested, to the addresses set forth with each signature. Notice by hand delivery or
facsimile shall be effective upon receipt. If deposited in the mail, notice shall be
deemed delivered 48 hours after deposited. Any party at any time by notice to the
other party may designate a different address or person to which such notice or
communication shall be given.
If to the City of Renton:
Renton City Hall
Attn: Mayor
Attn: Development Services Director
1055 S. Grady Way
Renton, WA 98057
If to Quendall Terminals:
Quendall Terminals
Attn: Robert Cugini
P.O. Box 359
Renton, WA 98057
and to
J.H. Baxter & Co.
Attn: Georgia Baxter
P.O. Box 5902
San Mateo, CA 94402-0902
With a copy to:
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 9
Campbell Mathewson
CenturyPacific, LLLP
1201 Third Avenue, Suite 1680
Seattle, WA 98101-3029
Davis Wright Tremaine
Attn: Lynn Manolopolous
777 108th Avenue NE, Suite 2300
Bellevue, Washington 98004-5149
Cable Huston LLP
Attn: James E. Benedict
1001 SW Fifth Avenue
Suite 2000
Portland, Oregon 97204-1136
T. Ryan Durkan
Hillis, Clark, Martin & Peterson P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98101
6.5 Applicable Law and Venue. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. Any action with
respect to this Agreement shall be brought in King County Superior Court, Washington.
6.6 Multiple Originals. This Agreement may be executed in two (2) or
more facsimile or .pdf counterparts, each of which shall be deemed an original, but all of
which together shall constitute one instrument.
6.7 Headings; Recitals and Attachments. The headings in this
Agreement are inserted for reference only and shall not be construed to expand, limit or
otherwise modify the terms and conditions of this Agreement. The recitals to this
Agreement and Exhibits A are incorporated in this Agreement by this reference as if fully
set forth.
6.8 Dispute Resolution.
6.8.1 If any dispute arises out of any aspect of this Agreement,
the Parties must first try in good faith to settle the dispute through mediation. This
mediation must commence within 60 days after any party to the Agreement notifies the
other party requesting mediation to resolve a dispute.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 10
6.8.2 If the Parties are not able to resolve their dispute through
mediation, they agree to submit the matter for resolution through binding arbitration.
The arbitrator shall be mutually chosen by both Parties. In no case may a mediator who
has mediated a claim serve as the arbitrator on the same claim. If the Parties cannot
agree on an arbitrator, either party or the Parties jointly may apply to the presiding
judge of the King County Superior Court to appoint an arbitrator. The arbitrator will
consult with the Parties and establish the rules and procedures for the arbitration that,
in light of the nature of the matter under dispute, will provide an efficient and fair
means for each of the Parties to present its case. Among other things, the arbitrator will
establish a schedule for completing the arbitration and issuing a decision. The decision
of the arbitrator will be final and may be enforced by an action brought in King County
Superior Court. In such an action, the prevailing party is entitled to recover all costs and
expenses, including all legal fees, incurred in that action.
6.8.3 The Parties will bear the costs of retaining a mediator or
an arbitrator equally.
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 11
IN WITNESS WHEREOF, this Agreement has been entered into by the City and
Developer effective on the last date of signature below.
DATED this _____ day of ____________________, 2017
Joint Venture known as QUENDALL TERMINALS
By:__________________________
Altino Properties, Inc.
Its:Authorized Representative
By:__________________________
Robert Cugini
Its: Vice President
Date: ________________________
CITY OF RENTON
By:
Denis Law
Mayor
Date: ________________________
ATTEST:
By:___________________________
Jason A. Seth
City Clerk
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 12
ACKNOWLEDGEMENTS
STATE OF ___________ )
) ss:
COUNTY OF ___________ )
On this _____ day of _______, 2016, before me, a Notary Public in and
for the State of _______, County of ________, personally appeared ________________,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument, who has produced sufficient proof of his/her
power and authority to execute and sign the instrument in the name of and on behalf of
QUENDALL TERMINALS, to be the free and voluntary act and deed of said association for
the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC in and for the state of
______________________.
Notary (print):______________________
My appointment expires: _____________
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 13
STATE OF ___________ )
) ss:
COUNTY OF ___________ )
On this _____ day of _______, 2017, before me, a Notary Public in and
for the State of Washington, County of King, personally appeared Denis Law, Mayor,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument, who has produced sufficient proof of his
power and authority to execute and sign the instrument in the name of and on behalf of
CITY OF RENTON, to be the free and voluntary act and deed of said association for the
uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC in and for the state of
______________________.
Notary (print):______________________
My appointment expires: _____________
AGENDA ITEM #7. f)
Draft Quendall Terminals Development Agreement Page 14
List of Exhibits:
Exhibit A – Legal Description of Property
Exhibit A-1-Map
AGENDA ITEM #7. f)
11/11/2016
Exhibit A
Page 15
AGENDA ITEM #7. f)
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AB - 1905
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: Gene Coulon Park Facility Structural Repairs
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Leslie Betlach, Director, Parks Planning and Natural Resources
EXT.: 6619
FISCAL IMPACT SUMMARY:
The proposed Coulon Park Facility Structural Repairs engineering contract is $204,000.00. The current budget
for Coulon Park structural repairs is $1,599,314.00 from Fund 316.332045.020.594.76.63 .010.
SUMMARY OF ACTION:
Several existing park facilities at Gene Coulon Park are structurally deficient, and require repairing or
replacement, per the 2012 Coulon Park Structural Assessment, and the 2016 Ivar's Deck Framing Condition
Assessment. As per the latter, numerous steel support beams below the timber deck outside of Ivar's
Restaurant requires repairing or replacement. The "new" portion of the Park is over 30 years old, and major
maintenance is required to keep Park structural support systems viable.
EXHIBITS:
A. Issue Paper
B. Contract
C. Lease Agreement Map
STAFF RECOMMENDATION:
Approve a contract with PND Engineers, Inc. for professional engineering design services in the amount of
$204,000.00, and authorize the Mayor and City Clerk to sign the agreement.
AGENDA ITEM #7. g)
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:June 5, 2017
TO:Armondo Pavone, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Kelly Beymer, Community Services Administrator
STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
Todd Black, Capital Project Coordinator (x-6571)
SUBJECT:Gene Coulon Memorial Beach Park Facility Structural Repairs
ISSUE:
Should the professional engineering design contract for the Gene Coulon Memorial Beach Park
Facility Structural Repairs be awarded to PND Engineers, Inc. in the amount of $204,000.00?
RECOMMENDATION:
Award the engineering design contract to PND Engineers, Inc. in the amount of $204,000.00 and
authorize the Mayor and the City Clerk to execute the contract.
BACKGROUND SUMMARY:
In 2012, PND Engineers prepared a Coulon Park Condition Assessment Report, which identified
maintenance and repair items to be completed throughout the park. The “new” portion of the park
is 35 years old, and major maintenance is required to keep park structural support systems viable.
This assessment report is generated every five years after a thorough review of the in-water and
over-water structural components (excludes buildings with roofs which are reviewed by the
Facilities Division). The Parks maintenance team maintains the park in excellent operating condition
by performing routine maintenance and completing minor repairs. Major repairs are completed
through contracted work. Several park facilities, such as the Ivar’s deck, need major repairs
requiring a design by a professional engineer, prior to renovation.
The following are the Park facilities included in this contract:
1. Ivar’s Outdoor Deck – the steel support beams are compromised due to deterioration, and
need to be repaired or replaced. At the same time, the timber deck will be replaced with an
open grated deck, which is a requirement for 50% of the overwater structures within the
Department of Natural Resources (DNR) 2013 Aquatic Lands Lease. The lease requires that
these structures be retrofitted with a grated surface by July 1, 2028. Staff determined that
it is most economically feasible to retrofit the deck concurrent with the renovated structural
support system.
AGENDA ITEM #7. g)
Armondo Pavone, Council President
Members of Renton City Council
Subject: Gene Coulon Memorial Beach Park Facility Structural Repairs
Page 2 of 2
June 5, 2017
2. Day Moorage Float – The day moorage float has an unsafe, uneven surface, and will be used
towards the 50% grated surface goal as required by DNR’s Aquatic Land Lease.
3. Boat Launch – The 2012 Condition Assessment Report noted one steel structural beam
below the middle launch pier that needs to be repaired or replaced. In addition, one of the
pier’s timber dolphins has dry rot which needs to be trimmed and reconnected to adjacent
timber dolphins.
4. South Waterwalk – At the connection of the piles to caps, just below the concrete surface
deck, concrete grout is missing at nearly one-half of the connections, and needs to be
replaced.
5. Sailing Club Floats – A hinge needs to be replaced at the junction of two floats.
6. Bulkhead Sloughing – North of the sailing club floats, a portion of the timber bulkhead is
tipping and needs to be brought back to vertical.
7. Trestle Bridge – The timber bridge just north of the sailing club floats needs to have timber
supports constructed to several of the wood bents, or underlying structural system.
The estimated design and construction timeframe is between approximately late June 2017 and
September 2018, commencing upon execution of this contract. An estimate of construction costs is
a part of the scope of work, as well as assisting City staff in overseeing the construction.
The current project budget is $1,599,314.00. The engineering design cost is $204,000.00, leaving a
balance of $1,395,314.00 for repairs. Funding for this project is from 316.332045.020.594.76.63.010.
CONCLUSION:
Awarding the engineering design contract to PND Engineers, Inc. allows the City to start the process
to repair and replace structural deficiencies at Gene Coulon Memorial Beach Park. This work will
ensure the long-term life of important Park facilities.
Cc: Jamie Thomas, Fiscal Services Director
Misty Baker, Senior Finance Analyst
AGENDA ITEM #7. g)
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This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
3/21/2017
Legend
128064
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
128
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
AGENDA ITEM #7. g)
AB - 1919
City Council Regular Meeting - 05 Jun 2017
SUBJECT/TITLE: 2018-2023 Six-Year Transportation Improvement Program
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Juliana Fries, Program Development Coordinator
EXT.: 7232
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The City is required by law to annually review the Six-Year Transportation Improvement Program (TIP) and
adopt the update to the Program by Resolution.
Changes from the 2017-2022 TIP include the following:
1. Increased funding for the 2018 Overlay Program and Arterial Rehabilitation Program. The funding
increase was obtained by utilizing $800,000 from reimbursed impact fees and reallocating $250,000
from the Walkway Program.
2. Splitting the Connecting Downtown Renton Improvements Project into four separate projects:
a. Williams Avenue South and Wells Avenue South Conversion Project (TIP #8)
b. South 2nd Street Conversion Project (TIP #9)
c. South 3rd Street Conversion Project (TIP #10)
d. Main Avenue South Alley (TIP #11)
3. Adding a WSDOT Pedestrian and Bicycle Safety grant of $430,000 which was under recommendation
for 2017, to the Lake Washington Loop Trail Project for the construction of Phase 3 (TIP #21).
4. Revising an STP grant allocation from preliminary engineering to construction for the Williams Avenue
South and Wells Avenue South Conversion Project (TIP #8).
5. Updating prioritization of projects (please see Draft TIP, page 15).
6. Increasing funding for the Traffic Safety Program (TIP #29) from $62K to $130K to allow for small safety
improvements requested by the Renton Community.
a. Increasing funding for the Traffic Operation Devices Program (TIP #30) from $60K to $130K to
allow for:Traffic signal upgrades such as LED, indicators, controllers and batteries
b. Two traffic signal cabinet replacements per year
c. Sign replacement to comply with new reflectivity requirements
7. Updating cost estimates for capital projects and programs.
Possible revisions to the Draft TIP are anticipated pending review by the City Council, Mayor, City
Administration and public comments received during the public hearing, which will be set for June 26, 2017.
EXHIBITS:
A. Draft 2018-2023 Six-Year Transportation Improvement Program
AGENDA ITEM #7. h)
B. Draft Resolution
STAFF RECOMMENDATION:
1. Approve the annual updates to the 2018-2023 Six-Year Transportation Improvement Program.
2. Set June 26, 2017 as the public hearing date for the 2018-2023 Six-Year Transportation Improvement
Program.
3. Present the Resolution for reading and adoption.
AGENDA ITEM #7. h)
2018-2023 |SIX-YEAR
TRANSPORTATIONIMPROVEMENTPROGRAM
L5
DEPARTMENTOF PUBLICWORKS
TRANSPORTATIONSYSTEMSDIVISION___/R tC11 011
AGENDA ITEM #7. h)
ACKNOWLEDGEMENTS
MAYOR
Denis Law
CITYCOUNCIL
Armondo Pavone,Council President
Ed Prince,Council President Pro-tem
Randy Corman
Ryan Mclrvin
Ruth Perez
Don Persson
Carol Ann Witschi
CHIEFADMINISTRATIVEOFFICER
Jay Covington
PUBLICWORKS
Gregg Zimmerman,Administrator
Jim Seitz,Transportation Systems Director
Vicki Grover,Transportation Planning &Programming Manager
Bob Hanson,Transportation Design Manager
Chris Barnes,Transportation Operations Manager
Eric Cutshall,Transportation Maintenance Manager
Juliana Fries,Program Development Coordinator
CITY OFff?‘—-—-/Renton
Public Works
AGENDA ITEM #7. h)
CITYOF RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
_
TABLEOF CONTENTS
SECTIONONE—INTRODUCTION 1
Purpose ofthe Transportation Improvement Program 2
Renton Business Plan 3
SECTIONTwo —MAPAND LOCATION 5
Transportation Improvement Program Map 6
Map Index 7
SECTIONTHREE—DEVELOPMENTAND PRIORITIZATION 9
General Programming Criteria 10
Specific TIP Development Activities 13
Summary of Projects and Programs 15
SECTIONFOUR—EXPENDITURESAND REvENuEs 17
Summary of Project Expenditures 18
City of Renton Funds 19
Summary of Funding Sources 20
Funding Sources —Itemized
Vehicle Fuel Tax 21
Business License and Business &Occupation 22
Proposed Fund Balance 23
Grants In-Hand 24
Mitigation |n—Hand 25
Other In-Hand 26
Funding Sources TBD 27
SECTIONFIVE—PROJECTDESCRIPTIONS 29
Summary of Projects and Costs 30
Detailed Project Descriptions 31
SECTIONSIx—APPENDIx 71
Abbreviations and Acronyms 72
Resolution to Adopt Six-Year 2018-2023 TIP 74
AGENDA ITEM #7. h)
CITYOF RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
SECTIONONE—INTRODUCTION
PURPOSEOF THE TRANSPORTATIONIMPROVEMENTPROGRAM(TIP)2
RENTONBusINEssPLAN 3
0 Vision Statement
0 Mission Statement
NTROD
AGENDA ITEM #7. h)
CITYOF RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM -
PURPOSEOF THE TRANSPORTATIONIMPROVEMENTPROGRAM
0 The Transportation Improvement Program (TIP)reflects the involvement of City Citizens and Elected
Officials.
o The TIP implements the City of Renton Mission Statement.
c The TIP is used to coordinate Transportation Systems Division projects and programs with other
jurisdictions and agencies.
-The TIP is a multi-year planning tool for the development of the transportation facilities within the City.
0 The TIP is required for State and Federal funding programs.
0 The TIP is a vital part of planning under the Growth Management Act.
0 The TIP is mandated by Washington State Law.
SECTIONONE-PURPOSEOF THE TIP 2
AGENDA ITEM #7. h)
Renton Business Plan
The City of Renton,in partnership and communication
with residents,businesses,and schools,is dedicated to:
Renton:The center
of opportunity in
the Puget Sound
Region where
families and
businesses thrive
I Providing a safe,healthy,welcoming atmosphere where people choose to live
I Promoting economic vitality and strategically positioning Renton for the future
I Supporting planned growth and in?uencing decisions that impact the city
I Building an inclusive informed city with opportunities for all
I Meeting service demands through high quality customer service,innovation,
a positive work environment,and a commitment to excellence
2018-2023 GOALS
Ir
Provide a safe,
healthy,vibrant
community
Promote safety,health,
and security through
effective communication
and service delivery
Facilitatesuccessful
neighborhoods through
community involvement
Encourage and partner
in the development of
quality housing choices
for people ofall ages and
income levels
Promote a walkable,
pedestrian and bicycle-
friendly city with complete
streets,trails,and
connections between
neighborhoods and
community focal points
Provide opportunities
for communities to be
better prepared for
emergencies
Promote economic
vitalityand strategically
position Renton for
the future
Promote Renton as the
progressive,opportunity-
rich city in the Puget
Sound region
Capitalize on
opportunities through
bold and creative
economic development
strategies
Recruitand retain
businesses to ensure
a dynamic,diversi?ed
employment base
Nurture
entrepreneurship
and foster successful
partnerships with
businesses and
community leaders
Leverage public/
private resources to
focus development
on economic centers
Support planned
growth and in?uence
decisions that impact
the city
Foster development
of vibrant,sustainable,
attractive,mixed-use
neighborhoods in urban
centers
Uphold a high standard
ofdesign and property
maintenance
Advocate Renton’s
interests through state and
federal lobbying efforts,
regional partnerships and
other organizations
Pursue transportation
and other regional
improvements and services
that improve quality of life
Balancedevelopment
with environmental
protection
Building an inclusive
informed city with
opportunities for all
Improve access to city
services,programs and
employment,and make
residents and businesses
aware of opportunities
to be involved with their
community
Buildconnections with
ALLcommunities that
reflect the breadth and
richness of the diversity
in our city
Promote understanding
and appreciation of
our diversity through
celebrations and festivals
Provide critical and
relevant information on a
timely basis and facilitate
two—waydialogue between
city government and the
community
RENTON.AHEAD OF THE CURVE.
Meet service demands
and provide high
quality customer
service
Plan,develop,and
maintain quality services,
infrastructure,and
amenities
Prioritize services at
levels that can be sustained
by revenue
Retain a skilled
workforce by making
Renton the municipal
employer of choice
Develop and maintain
collaborative partnerships
and investment strategies
that improve services
Respond to growing
service demands through
partnerships,innovation,
and outcome management
AGENDA ITEM #7. h)
CITYOF RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
SECTIONTWO -MAP AND LOCATION
TRANSPORTATIONIMPROVEMENTPROGRAMMAP 6
MAPINDEX 7
SECTIONTw OCATION AND MAP
AGENDA ITEM #7. h)
CITYor RENTON |2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
SECTIONTWO —TIP MAP
AGENDA ITEM #7. h)
CITYor RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
MAP INDEX
TIP N0.PROJECTTITLE
1 Street Overlay
2 Arterial Rehabilitation Program
3 Logan Avenue North Improvements
4 SW 27"‘Street /Strander Blvd Connection
5 NE 3'”Street/NE 4"‘Street Corridor Improvements
6 Duvall Avenue NE -NE 7th”‘Street to Sunset Blvd NE
7 Rainier Avenue South /North Phase 4 —South 3"‘Street to NW 3”’Place
8 Williams Avenue South and Wells Avenue South Conversion Project
9 South 2nd Street Conversion Project
10 South 3"Street Conversion Project
11 Main Ave South Alley
12 Park Avenue North Extension
13 116th Avenue SE Improvements
14 Carr Road Improvements
15 NE Sunset Blvd (SR 900)Corridor Improvements
16 Sunset Area Green Connections
17 Oakesdale Avenue SW /Monster Road SW /68th Avenue South to SR 900
18 South 7th Street —Rainier Avenue South to Talbot Road South
19 South Grady Way —Talbot Road South to Rainier Avenue South
20 Houser Way North —North 8th Street to Lake Washington Blvd
21 Lake Washington Loop Trail
22 Lake to Sound (L25)Trail
23 Walkway Program
24 Sidewalk Rehabilitation and Replacement Program
25 Maple Valley Highway Attenuator
26 Bridge Inspection and Repair Program
27 Roadway Safety and Guardrail Program
28 Intersection Safety and Mobility Program
29 Traffic Safety Program
30 Traffic Operation Devices Program
31 Intelligent Transportation Systems (ITS)Program
32 Barrier—FreeTransition Plan Implementation
33 Project Development and Pre-Design Program
34 Arterial Circulation Program
35 1%for the Arts Program
36 Lake Washington Blvd North (Park Avenue North to Gene Coulon Memorial Park)
37 Lind Avenue SE (SW 16th Street to SW 43rd Street)
38 Rainier Avenue North Corridor Improvements (Phase 5)
39 South Lake Washington Transit Stop
CTION 0 MAPINDEX
AGENDA ITEM #7. h)
CITYOF RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
_
SECTIONTHREE—DEVELOPMENTAND PRIORITIZATION
GENERALPROGRAMMINGCRITERIA 10
SPECIFICTIP DEVELOPMENTACTIVITIES 13
SUMMARYOF PROIEcTsAND PROGRAMS 15
SECTIONTHREE—D OPMENT AND PRIORITIZATION
AGENDA ITEM #7. h)
CITYOF RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
_
GENERALPROGRAMMINGCRITERIA
The yearly update ofthe Six-Year Transportation Improvement Program (TIP)is part of an ongoing process
intrinsically linked with the development of the City's Capital improvement Program.The Six~Year TIP is also
linked with various state and federal funding programs,regionaI/inter-jurisdictional planning and coordination
processes and the City's Growth Management Act Comprehensive Land Use Plan.
Projects are developed and prioritized based on community needs,specific goals to be achieved and on
general programming considerations.The general programming considerations include the following:
0 PRIORITY—As shown on page 15 the projects and programs are prioritized by type prepared by City
staff with final approval by the City Council during the annual update of the TIP.The prioritization
assists staff in assigning the limited resources to projects and programs and reducing resources during
funding shortfalls.In general,staff expends more resources on higher priority projects in the first three
years of the TIP,and when applying for grants staff will consider these projects first unless other lower
priority projects better meet the particular criteria of a grant program.
-PLANNING —How,at a local and regional level,a project fits with or addresses identified future
transportation goals,demands and planning processes must be evaluated.This is strongly influenced
by ongoing land use decisions and by regional highway and transit system plans.
-FINANCING —Many projects are dependent upon external grants,formation of L|D’s or the receipt of
impact fees.Prioritization has to take into account the peculiarities of each of the various fund sources
and the probabilities of when and how much money will be available.
0 SCHEDULING—If a project is interconnected with,or interdependent on,other projects taking place,
this is reflected in their relative priorities.
I PAST COMMITMENT—The level of previous commitment made by the City in terms of resources,
legislative actions or inter—localagreements must be taken into consideration in prioritizing TIP
projects.
AGENDA ITEM #7. h)
CITYor RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
In addition to the general considerations discussed above,there are five specific project categories through
which the TIP is evaluated and analyzed.The categories include the following:
Maintenance and Preservation of Existing Infrastructure
Corridor Projects
Operations and Safety
Non—Motorized Projects
Others
$"PS*’.N!"
These categories provide a useful analysis tool and represent goals developed through an evaluation of the
City's transportation program in response to input from citizens and local officials and to state and federal
legislation.
Taken as a whole,the five categories provide a framework for evaluating projects both individually and as part
of a strategy that seeks to meet and balance the transportation needs of Renton during a time of increasing
transportation demand,decreasing revenues and growing environmental concerns.
Although each project can be identified with an important concern that allows it to be classified into one of
the five categories,most projects are intended to address and are developed to be compatible with multiple
goals.
MAINTENANCEAND PRESERVATIONOF THE EXISTINGINFRASTRUCTUREisa basic need that must be met by the program.
The Mayor and City Council have emphasized the importance of sustaining strong programs in this project
category and maintaining our current infrastructure.Therefore,more than half of the Transportation's City
Funds have historically been allocated under this category.The State Growth Management Act also requires
jurisdictions to assess and address the funding required to maintain their existing transportation systems.The
City of Renton owns and maintains 250 centerline miles of streets.
CORRIDORPROJECTSare oriented toward moving people through a balanced transportation system that involves
multiple modes of transportation.Included are facilities that facilitate the movement of transit and carpools.
The Moving Ahead for Progress in the 21“Century Act (MAP—21),the State and Federal Clean Air legislation
and the State Commute Trip Reduction Act (CTR)have added momentum to regional efforts and placed
requirements on local jurisdictions such as Renton to promote these transportation elements.
OPERATIONSAND SAFETYprojects and programs are developed through ongoing analyses of the transportation
system and are directed mainly toward traffic engineering concerns such as safety and congestion.Projects
are identified not only by analysis of traffic counts,accident records and geometric data,but also through
review and investigation of citizen complaints and requests.
SEcTIoNTHREE NER OGRAMMING CRITERIA 11
AGENDA ITEM #7. h)
CITYor RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM -
NON-MOTORIZEDPROJECTShave been developed with major emphasis on addressing community quality of life
issues by improving and/or protecting residential livability while providing necessary transportation system
improvements.Bicycle and pedestrian projects are included in this category.
OTHERPROGRAMSinvolve planning of transportation improvements necessitated by new development and new
transportation capital improvements.
SECTIONTHREE GENERALPROGRAMMINGCRITERIA 12
AGENDA ITEM #7. h)
CITYor RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM -
SPECIFICTIP DEVELOPMENTACTIVITIES
TIP project and financial development activities are intricately intertwined and involve interactions with many
groups and agencies at the local,regional,state and federal levels.Within the Transportation Systems Division
of the City of Renton,project development involves year—round coordination between the Transportation
Operations and Transportation Maintenance Section,the Transportation Planning and Programming Section
and the Transportation Design Section.
The Transportation Operations and Maintenance Section compiles accident and traffic count data,performs
|eve|—of—service calculations needed to identify operational/congestion problems and tracks all transportation-
related complaints,suggestions and requests that come into the City.
The Transportation Design Section,through the TlP’s Overlay Program and Bridge Inspection and Repair
Program,work closely with the Maintenance Services Division to establish structural ratings for the City's
roads and bridges.
These and other data are being used by the Planning and Programming Section to develop transportation
improvement projects,prepare grant applications,interface with ongoing state and federal transportation
programs and develop a TIP that supports the goals of the City's long—range Comprehensive Plan and current
business plan.
The Transportation Planning and Programming Section works with King County Metro Transit,Puget Sound
Regional Council,Sound Transit and other groups and agencies to assure consistency between Renton’s
transportation policies and programs and those of the region.Such consistency is required by the Growth
Management Act and related legislation and by federal and state grant programs.
Ongoing transportation planning activities,such as updating the Transportation Element in the
Comprehensive Plan and the development of sub—area plans,play an important part in identifying and
prioritizing transportation improvement projects.
Within the City of Renton,there are actions and interactions involving other departments and divisions,the
private sector,the City Council and Administration,which strongly influence the direction of the
transportation program.For example,the transportation system is significantly impacted by land use
decisions,private development proposals and by public water and sewer extensions which increase
transportation demand by making possible higher density and/or intensity of land uses.Such proposals need
SEc ON THREE PMENT ACTIVITIES 13
AGENDA ITEM #7. h)
CITYor RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
to be monitored and analyzed in regard to how they individually and collectively create the need for
transportation improvements.
All City of Renton departments and City Council are solicited each year to provide input,discuss and comment
on the Six»Year TIP.Additional input is also gathered through interactions with other public and private
organizations and through public meetings held in the community concerning specific transportation projects
and programs.
At the City,State and Federal levels there are new laws and regulations that create the need for new or
different kinds of transportation projects and programs.Examples include the Moving Ahead for Progress in
the 21“Century Act (MAP-21),the Growth Management Act,the Clean Air Act,the Commute Trip Reduction
law,the Endangered Species Act and the Surface Water Management Ordinance.All have tremendous impacts
on the development and costs of transportation projects.
interconnection and/or interdependence among TIP projects and with projects by other City departments and
by otherjurisdictions is another element that affect the development,the prioritization and the timing of
transportation projects.Equally important is the likelihood,the time frame and the amount of outside funding
that will be obtainable to finance transportation projects.
In summary,with its heavy dependence on many different and unpredictable sources of external funding and
with the significant impacts created by ongoing local and regional land use decisions,transportation project
development is a continuous activity comprised of a multitude of diverse elements.
SECTIONTHREE 14
AGENDA ITEM #7. h)
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CITYOF RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM -
SECTIONFOUR—EXPENDITURESAND REVENUES
SUMMARYOF PROJECTEXPENDITURES 18
CITYOF RENTONFUNDS 19
SUMMARYOF FUNDINGSOURCES 20
FUNDINGSOURCES—ITEMIZED
Vehicle Fuel Tax 21
Business License and Business &Occupation 22
Proposed Fund Balance 23
Grants In-Hand 24
Mitigation In-Hand 25
Other In-Hand 26
Funding Sources TBD 27
17
AGENDA ITEM #7. h)
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CITYOF RENTON|2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
SECTIONFIVE-PROJECTDESCRIPTIONS
SUMMARYOF PROJECTSAND CosTs 30
DETAILEDPROJECTDESCRIPTIONS 31-69
TIP No.Project Title
1 Street Overlay 31
2 Arterial Rehabilitation Program 32
3 Logan Avenue North Improvements 33
4 SW 27"‘Street /Strander Blvd Connection 34
5 NE 3"‘Street/NE 4”‘Street Corridor Improvements 35
6 Duvall Avenue NE (NE 4"‘Street to Sunset Blvd NE)36
7 Rainier Avenue South /North (Phase 4 -—South 3"Street to NW 3"‘Place)37
8 Williams Ave S and Wells Ave S Conversion Project 38
9 South 2nd Street Conversion Project 39
10 South 3rd Street Conversion Project 40
11 Main Avenue South Alley 41
12 Park Avenue North Extension 42
13 116th Ave SE Improvements 43
14 Carr Road Improvements 44
15 NE Sunset Boulevard (SR 900)Corridor Improvements 45
16 Sunset Area Green Connections 46
17 Oakesdale Ave SW/MonsterRoad SW/68thAve S to SR 900 47
18 South 7th Street (Rainier Avenue South to Talbot Road South)48
19 South Grady Way (Talbot Road South to Rainier Avenue South)49
20 Houser Way North (North 8th Street to Lake Washington Blvd)50
21 Lake Washington Loop Trail 51
22 Lake to Sound (LZS)Trail 52
23 Walkway Program 53
24 Sidewalk Rehabilitation and Replacement Program 54
25 Maple Valley Highway Attenuator 55
26 Bridge Inspection and Repair Program 56
27 Roadway Safety and Guardrail Program 57
28 Intersection Safety and Mobility Program 58
29 Traffic Safety Program 59
30 Traffic Operation Devices Program 60
31 Intelligent Transportation Systems (ITS)Program 61
32 BarriervFree Transition Plan Implementation 62
33 Project Development and Pre-Design Program 63
34 Arterial Circulation Program 64
35 1%for the Arts Program 65
36 Lake Washington Blvd North (Park Avenue North to Gene Coulon Memorial Park)66
37 Lind Ave SW —SW 16th St to SW 43rd St 67
38 Rainier Avenue North Corridor Improvements (Phase 5)68
39 South Lake Washington Transit Stop 69
DESCRIPTIO
AGENDA ITEM #7. h)
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CITYor RENTONI 2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
SECTIONSIX—APPENDIX
ABBREVIATIONSAND ACRONYMS 72
RESOLUTIONTo ADOPTSIX-YEAR2018-2023 TIP 74
SEcTIoNSI 71
AGENDA ITEM #7. h)
CITYor RENTON[2018 —2023 TRANSPORTATIONIMPROVEMENTPROGRAM
_
ABBREVIATIONSAND ACRONYMS
The following list defines the abbreviated words and/or acronyms used in the City of Renton’s Six-Year
Transportation Improvement Program.
ACP Asphalt Concrete Pavement
ADA American Disability Act
BAT Business Access Transit
BNSF Burlington Northern Santa Fe
BRAC Bridge Replacement Advisory Committee
CBD Central Business District
CIP Capital Improvement Program
CMAQ Congestion Mitigation and Air Quality
CTR Commute Trip Reduction (State Act)
DOE Department of Ecology
EB Eastbound
ECL East City Limits
EIS Environmental Impact Study
ER Emergency Relief
FHWA Federal Highway Administration
FMSIB Freight Mobility Strategic Investment Board
GIS Geographic Information System
GMA Growth Management Act
HOV High Occupancy Vehicles
ITS IntelligentTransportation System
LF Linear Feet
LID Local Improvement District
LOS Level of Service
MAP-21 Moving Ahead for Progress in the 215‘Century Act
METRO Municipality of Metropolitan Seattle
MOU Memorandum of Understanding
MUTCD Manual on Uniform Traffic Control Devices
NCL North City Limits
NB Northbound
PMS Pavement Management System
Precon Preconstruction Engineering/Administration (design phase of project)
PS&E Plans,Specifications,and Estimates
ROW Right-of-way
SECTIONSIX—ABBRE ND ACRONYMS 72
AGENDA ITEM #7. h)
CITYor RENTON|2018 -2023 TRANSPORTATIONIMPROVEMENTPROGRAM
RTA Regional Transit Authority
SB Southbound
SCATBd South County Area Transportation Board
SCL South City Limits
SOV Single Occupant Vehicle
ST Sound Transit
STP Surface Transportation Program
TDM Transportation Demand Management Program
TIB Transportation Improvement Board
TIP Transportation Improvement Plan
UPRR Union Pacific Railroad
UPS Uninterruptible Power Supple
WB Westbound
WCL West City Limits
WSBIS Washington State Bridge Inventory System
WSDOT Washington State Department of Transportation
AGENDA ITEM #7. h)
CITYATTORNEY
MEMORANDUM
DATE:May 16,2017
TO:Jason A.Seth,City Clerk
FROM:Cheryl L.Beyer,Senior Assistant City Attorney
SUBJECT:Resolution Updating and Extending City of Renton’s
Transportation Improvement Program for 2018-2023
I have enclosed the original of the above-mentioned legislation,which is approved as to
legal form.The requesting staff person has been sent an electronic version of the
legislation.
Public Works will send Exhibit A containing the City of Renton’s 2018-2023 Six—Year
Transportation Improvement Program directly to you.
Q1mfzoa5.%,
CLB:scr
Cc:Juliana Fries
Enc.
AGENDA ITEM #7. h)
CITYOF RENTON,WASHINGTON
RESOLUTIONNO.
A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,UPDATING AND
EXTENDINGRENTON'SSIX-YEARTRANSPORTATION IMPROVEMENT PROGRAM
FOR 2018 -2023.
WHEREAS,the City of Renton has adopted a Six-Year Transportation Improvement
Program ("T|P”)pursuant to RCW 35.77.010 (Perpetual advanced six-year plans for coordinated
transportation program expenditures),and the TIP has been updated,amended and modified
from time to time as authorized and required by law;and
WHEREAS,the City Council held a duly noticed public hearing on June 26,2017,for the
purpose of considering updates to the TIP;and
WHEREAS,the City Council has reviewed the work accomplished under the TIP,
considered any public testimony given at the public hearing held on June 26,2017,considered
proposed updates to the TIP,and determined current City transportation needs;
NOW,THEREFORE,THE CITYCOUNCILOF THE CITYOF RENTON,WASHINGTON,DOES
RESOLVEAS FOLLOWS:
SECTION I.The above findings are true and correct in all respects.
SECTIONII.The City of Renton’s 2018-2023 Six-Year Transportation Improvement
Program,attached as Exhibit A and fully incorporated herein by this reference,is adopted as the
City's updated and extended TIP.
SECTION III.The updated and extended TIP,as attached,shall be and constitute
Renton’s 2018-2023 Six-Year Transportation Improvement Program for purposes of compliance
AGENDA ITEM #7. h)
RESOLUTIONNO.
with RCW 35.77.010,and shall remain in full force and effect until further revised,amended,and
modified as provided by law.
SECTIONIV.The Administrator of the Public Works Department and the City Clerk are
authorized and directed to file this resolution,together with Exhibit A,with the Washington State
Secretary of Transportation within 30 days of its adoption.
PASSED BYTHE CITYCOUNCILthis day of ,2017.
Jason A.Seth,City Clerk
APPROVED BYTHE MAYOR this day of ,2017.
Denis Law,Mayor
Approved as to form:
Shane Moloney,City Attorney
RES.1735:5/15/17:scr
AGENDA ITEM #7. h)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-2-060 AND 4-2-080 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, 4-4-010 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT
STANDARDS, 4-9-030 OF CHAPTER 9, PERMITS – SPECIFIC, 4-11-110, 4-11-160
AND 4-11-220 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) AND SECTION 8-7-3 OF CHAPTER 7, NOISE LEVEL REGULATIONS,
OF TITLE VIII (HEALTH AND SANITATION) OF THE RENTON MUNICIPAL CODE,
REGARDING PET DAYCARES.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties appearing in support or in opposition and
subsequently forwarded a recommendation to the City Council;
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-2-060.B, Animals and Related Uses, of Chapter 2, Zoning
Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as shown on Attachment A.
SECTION II. Subsection 4-2-060.H, Office and Conference, of Chapter 2, Zoning Districts
– Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as shown on Attachment B.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
2
SECTION III. Subsection 4-2-080.A.37 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
37. Specified use(s) are subject to requirements of RMC 4-4-010, Animal
Keeping and Beekeeping Standards.
Operations predominantly conducted outdoors require an Administrative
Conditional Use Permit in the IL Zone and are prohibited in the area south of I-405
and north of SW 16th Street.
SECTION IV. Section 4-4-010, Animal Keeping and Beekeeping Standards, of Chapter 4,
City-Wide Development Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
4-4-010 ANIMAL KEEPING AND BEEKEEPING STANDARDS:
A. PURPOSE AND INTENT:
The regulations in this Section set standards intended to require that the
keeping of animals occurs in a humane and appropriate manner that benefits the
animals and allows animals to coexist harmoniously with adjacent and abutting
uses.
B. APPLICABILITY:
The keeping of animals shall be consistent with the standards in this
Section, RMC 1-3-3, Nuisances, and RMC 8-7-3, Public Disturbance, Noises. The
keeping, retail sale, breeding, service, or care of household pets and/or domestic
animals up to the maximum number allowed in this Section and/or RMC 4-9-100,
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
3
Additional Animals Permit Process, by an owner/tenant for the purpose of
enjoyment or profit is permitted as an accessory use to residential or commercial
use subject to the requirements of this Section.
C. EXCEPTION:
Occasional breeders are permitted to keep a greater number of animals than
allowed on a temporary basis, not to exceed one hundred twenty (120) days,
when those animals are less than one hundred twenty (120) days old. No
Additional Animals Permit is required, but a Home Occupation Business License is
required.
D. NUISANCE AND DISTURBANCE PROHIBITED:
Household pets, domestic animals, and/or bees must not become a nuisance
(RMC 1-3-3) or create a public disturbance (RMC 8-7-3).
E. PROHIBITED ANIMALS:
The keeping of animals that are wild or dangerous is not permitted pursuant
to Chapter 6-6 RMC. Additionally, the City prohibits the keeping of roosters or
peahens/peacocks.
F. AUTHORITY:
Interpretation regarding responsibility will be determined administrative ly;
responsibility for enforcement of the provisions of this Section shall be as follows:
1. Animal Control Officer: All those matters related to care, maintenance,
and individual licensing.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
4
2. Community and Economic Development Services Division
Department: All those matters concerning land use and zoning.
G. NUMBER OF ANIMALS ALLOWED:
1. Applicability: Restrictions on the number of animals allowed is
applicable to residential and commercial uses where the keeping or care of
animals is accessory to the primary use.
12. Lot Size Minimums and Maximum Number of Animals Generally
Permitted: The allowable numbers of animals permitted, provided the minimum
lot size is met, are detailed in the following table. The specified minimum lot sizes
are absolute requirements, unless (a) an Additional Animals Permit is granted
pursuant to RMC 4-9-100, or (b) the number and type of animals was established
legally under previous regulations and the ownership of the property has not
changed. The keeping of animals that require lesser lot size is allowed to be
cumulative, when lot size requirements have been met. For example, on a twelve
thousand five hundred (12,500) square foot lot, the keeping of two (2) medium
lot domestic animals, six (6) small lot domestic animals, and three (3) household
pets is permitted outright.
Type of Animal Maximum Number of Animals Generally
Permitted
Household Pets includes: dogs, cats, caged
indoor birds and small rodents. Non-
venomous reptiles and amphibians
weighing less than 10 pounds are also
included.
3* per dwelling or commercial building; no
minimum lot size. A pet license is required from
the City Finance Department for each cat or dog.
Small Lot Domestic Animals includes:
chickens, ducks, geese, pigeons and rabbits.
3 on lots that are at least 4,500 gross sq. ft. in
size. On lots that are larger than 4,500 gross sq.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
5
ft., 1 additional small lot domestic animal may be
kept per additional 1,000 gross sq. ft.
Medium Lot Domestic Animals includes:
miniature goats that are smaller than 24
inches at the shoulder and/or not more
than 150 pounds in weight, and sheep.
2 on lots that are at least 12,500 gross sq. ft. in
size. On lots that are greater than 12,500 gross
sq. ft., 1 additional medium lot domestic animal
may be kept per additional 7,500 gross sq. ft.
Large Lot Domestic Animals includes: goats
and pigs.
Extra-Large Lot Domestic Animals includes:
horses, donkeys, cows and llamas.
2 on lots that are at least 1 gross acre in size. On
lots that are larger than 1 gross acre, 1 additional
large lot domestic animal may be kept per
additional 43,560 sq. ft.
*Includes foster animals
23. Permit Required for More than Three (3) Dogs and/or Cats: Regardless
of additional lot size, the keeping of four (4) or more dogs and/or cats as an
accessory use shall always require an Additional Animals Permit (RMC 4-9-100) or
a Conditional Use Permit for a Kennel (RMC 4-9-030) if allowed by the property’s
zoning.
H. KEEPING GREATER NUMBER OF ANIMALS THAN GENERALLY PERMITTED:
1. Permitted with an Additional Animals Permit (RMC 4-9-100): Greater
numbers of animals than permitted in subsection G1 of this Section RMC 4-4-
010.G.2 may be allowed. The minimum lot size for extra-large animals must be
met. Keeping greater numbers of animals without th e minimum lot size may be
permitted for small, medium, and large lot animals, subject to an Additional
Animals Permit (RMC 4-9-100).
2. Minimum Lot Size Needed to Apply for an Additional Animals Permit
for Extra-Large Lot Domestic Animals: Horses, donkeys, cows and llamas are
considered extra-large lot domestic animals. The minimum lot size required to
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
6
apply for an Additional Animals Permit for extra-large lot animals is twenty
thousand (20,000) square feet devoted only to these animals.
I. HOME OCCUPATIONS:
The keeping of household pets or domestic animals for any for-profit venture
within all residential and mixed-use zones must a residence, or the property
thereon, shall comply with the requirements of RMC 4-9-090, Home Occupations,
and requires a Home Occupation Business License. Any owner/tenant who keeps
household pets and/or domestic animals and sells any animal -related product,
made from or produced by their household pets and/or domestic animals, shall
be required to obtain a Home Occupation Permit, RMC 4-9-090. Keeping animals
for commercial purposes that exceed the standards of a home occupation
accessory use requires approval pursuant to RMC 4-2-060, Zoning Table – Uses
Allowed in Zoning Designations.
J. GENERAL STANDARDS FOR KEEPING ANIMALS:
The keeping of animals shall be consistent with the following standards:
1. Shelter Location and Setbacks: Shelters, pens, and
permanent/temporary kennel structures shall be located in the rear yard and a
minimum of ten feet (10') from any property line and in the rear yard. The
Development Services Division Department may grant an exemption from this
ten-foot (10') rear yard requirement if the owner/tenant can provide sufficient
information that a side yard would be a better location.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
7
2. Barn and Stable Location and Setbacks: Private barns and stables shall
be located in the rear yard and a minimum of fifty feet (50') from any property
line. On lots that are larger than one (1) gross acre in size, exercising, training,
and/or riding areas may be located closer than fifty feet (50’) from a property line
if the exercising, training, and/or riding areas are no closer than one hundred feet
(100’) to any dwelling unit and the location is approved, in writing, by the
Department. Barns and stables may not be located in attached garages or
carports.
3. Confinement Required: All animals shall be kept and maintained in a
manner which confines their movement and activity to the premises of the
owner/tenant.
43. Fencing Required: Dog runs, open-run areas, and
permanent/temporary kennel structures shall be surrounded by a fence of
adequate height (as to preclude escape). RMC 4-4-040, Fences and, Hedges and
Retaining Walls, lists the City’s requirements standards for residential and
commercial fences.
54. Health and Safety: All animals shall be kept in such a manner so as not
to create any objectionable noise, odor, annoyance, or become a public nuisance.
Provision shall be made to ensure that animal food stored outdoors will not attract
rodents, insects, or other animals. Refrigeration shall be provided for the
protection of perishable foods.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
8
65. Animal Waste and Food Waste: All shelter structures, confinement
areas, and/or open-run areas shall be kept clean. Provision shall be made for the
removal of animal waste and food waste so that the areas are kept free from
infestation of insects, rodents, or disease, as well as to prevent obnoxious or foul
odors. Animal waste shall be properly disposed of, and any accumulated animal
waste must not be stored within the shelter setback area. Any outdoor areas used
for animal containment or exercise shall be maintained by removing animal waste
on a daily basis for proper disposal as solid waste. Any runoff, wash -down water,
or waste from any animal pen, kennel, containment, or exercise area shall be
collected and disposed of in a sanitary sewer after straining of solids and hair, and
shall not be allowed to enter the stormwater drainage or surface water disposal
system. Strained solids and hair shall be properly disposed of as solid waste. Any
storage of animal waste must not constitute a nuisance as defined in chapter 1 -3
RMC.
K. ADDITIONAL STANDARDS FOR KENNELS AND STABLES:
Kennels and stables, when allowed by RMC 4-2-060, Zoning Use Table, must
comply with the following standards:
1. Shelter and Structures: Shelter shall be provided for animals in clean
structures which shall be kept structurally sound, maintained in good repair,
contain the animals, and restrict entrance of other animals. All structures
associated with kennels and stables shall be located a minimum of fifty feet (50')
from any property line and must be located in the rear yard. On lots that are larger
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
9
than one gross acre in size, exercising, training, and/or riding areas may be located
closer than fifty feet (50') from a property line if the exercising, training, and/or
riding areas are no closer than one hundred feet (100') to any dwelling unit and
the location is approved, in writing, by the Development Services Division.
2. Food and Bedding: Suitable food and bedding shall be provided and
stored in facilities adequate to provide protection against infestation or
contamination by insects or rodents. Refrigeration shall be provided for the
protection of perishable foods.
3. Criteria for Indoor Kennel Facilities: Applicants for kennels must show
that indoor facilities have a sufficient heating and cooling system to provide a
moderate temperature throughout the year; a sufficient ventilation system to
circulate the air; an adequate natural or artificial lighting system to allow
inspection and cleaning at any time of the day and that interior wall and ceiling
surfaces are constructed of materials which are resistant to the absorption of
moisture and odors.
4. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be
constructed to provide shelter from the weather and associated elements while
providing sufficient space for animal movement and exercise. Adequate drainage
must be provided to prevent water buildup and subsequent damage and to
facilitate waste removal. Adequate fences or retaining walls must be constructed
to contain animals and prevent intrusion by others.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
10
K. ADDITIONAL STANDARDS FOR KENNELS AND PET DAYCARE FACILITIES:
Kennels and pet daycare facilities require a permit from the Seattle-King County
Health Department, and shall be consistent with the following standards:
1. General care of pets must be confined to the inside of building and
under supervision. Pets are only permitted to be walked or exercised outside of
the building under supervision and in accordance with all other applicable
ordinances and laws;
2. Businesses operating solely as a pet daycare shall limit their hours of
operation (i.e., business hours) between 7:00 a.m. to 7:00 p.m.;
3. The maximum number of dogs is limited to one (1) per fifteen (15)
square feet of net floor dedicated for animal supervision. The planned maximum
number of animals to be sheltered shall be indicated on the Business License
application;
4. Outdoor runs/yards may operate only between the hours of 7:00 a.m.
to 7:00 p.m.;
5. Any indoor or outdoor areas used for animal containment or exercise
shall be maintained by removing animal waste on a daily basis for proper disposal
as solid waste. Any runoff, wash-down water, or waste from any animal pen,
kennel, containment, or exercise area shall be collected and disposed of in the
sanitary sewer after straining of solids and hair and shall not be allowed to enter
the stormwater drainage or surface water disposal system; strained solids and hair
shall be properly disposed of as solid waste; and
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
11
If a notice of violation pursuant to Chapter 8-7 RMC is issued for noise, the
Administrator may require a report from an acoustical consultant that describes
potential measures to be taken to prevent or mitigate noise impacts. The
Administrator may require measures, including but not limited to: development
or modification of operating procedures; cessation of the use of outdoor area(s);
closure of windows and doors; reduction in hours of operation; and use of sound
attenuating materials such as insulation and noise baffles. The Administrator may
order the business to be closed on a temporary or permanent basis.
L. RESERVED.
LM. ADDITIONAL STANDARDS FOR BEEKEEPING:
1. Maximum Number of Hives Generally Permitted: A maximum of three
(3) hives are generally permitted and one (1) additional hive may be kept for every
additional ten thousand (10,000) gross square feet of lot size. The keeping of bees
is allowed to be cumulative with the keeping of animals.
2. Minimum Lot Sizes for Beekeeping:
a. Seven thousand five hundred (7,500) gross square feet.
b. Four thousand five hundred (4,500) gross square feet if either of the
following conditions are met:
i. Hives are kept at least eight feet (8') above or below the grade of
abutting properties; or
ii. Hives are kept behind a minimum six foot (6') tall hedge or solid
fence that runs parallel to any property line within twenty-five feet (25') of a hive.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
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3. Beekeeping Requirements:
a. Hives shall be located in rear yards, side yards, or on rooftops.
b. Hives shall be located a minimum of twenty-five feet (25') from an
interior lot line, with each hive’s entrance facing away from the nearest property
line.
c. Each hive shall only contain one (1) swarm.
d. Hives shall be maintained to avoid overpopulation and minimize
swarming, for example by requeening regularly, so as not to become a nuisance.
e. Hives shall be marked or identified to notify visitors.
f. A source of fresh water (such as a fountain) located within ten feet
(10') from the hives shall be provided.
MN. REVIEW CRITERIA FOR ADDITIONAL ANIMALS PERMITS:
Special review criteria to be considered for Additional Animals Permits are
included in RMC 4-9-100.
NO. REVIEW CRITERIA FOR KENNELS AND STABLES:
For kennels, commercial equine boarding, riding schools, and stables the
conditional use criteria of RMC 4-9-030 shall be applicable.
OP. NONCONFORMING ANIMALS:
See RMC 4-10-070.
SECTION V. Subsection 4-9-030.D.9, Specific Requirements for Kennels, of Chapter 9,
Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
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9. Specific Requirements for Kennels and Pet Daycares: In addition to the
criteria above, the following criteria shall also be considered for kennel and pet
daycare applications:
a. History: Past history of animal control complaints relating to the
applicant’s dogs and cats at the address for which the kennel and/or pet daycare
is located or to be located. Conditional Use Permits shall not be issued for ken nels
or pet daycares to applicants who have previously had such permits revoked or
renewal refused, for a period of one (1) year after the date of revocation or refusal
to renew.
b. Standards for Keeping Animals: The applicant or kennel facility
owner must also shall comply with the requirements of RMC 4-4-010, Animal
Keeping and Beekeeping Standards.
SECTION VI. Section 4-11-110, Definitions K, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
4-11-110 DEFINITIONS K:
KENNEL: A commercial facility for the care and/or breeding of dogs and/or cats ,
except that a Pet Daycare is not a Kennel although a Pet Daycare and a Kennel
might be housed within the same facility. This definition includes pet daycare
facilities. (See PET DAYCARE.)
SECTION VII. Section 4-11-160, Definitions P, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended to add a definition, in
alphabetical order, for “Pet Daycare,” to read as follows:
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
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PET DAYCARE: A commercial facility where four (4) or more dogs or other
household pet animals are left by their owners for periods of supervision during
the hours the facility is open to the public (i.e., business hours).
SECTION VIII. The definition of “Veterinary Offices/Clinics” in section 4-11-220,
Definitions V, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
VETERINARY OFFICES/CLINICS: A place where common household pets are given
medical care and the accessory indoor boarding of animals is limited to twenty-
five percent (25%) of the net floor area or no more than five (5) days of short-term
care incidental to the hospital use.
SECTION IX. Subsection 8-7-3.A of Chapter 7, Noise Level Regulations, of Title VIII
(Health and Sanitation) of the Renton Municipal Code, is amended as follows:
A. Frequent, repetitive or continuous noises made by any animal which
unreasonably disturbs or interferes with the peace, comfort or repose of property
owners or possessors, except that such sounds made in animal shelters,
commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed as
such, shall be exempt from this subsection.
SECTION X. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
15
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1955:5/25/17:scr
AGENDA ITEM # 9. a)
ATTACHMENT A - 16
ATTACHMENT A
4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations:
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC
B. ANIMALS AND RELATED USES
Beekeeping AC AC AC AC AC AC AC AC AC
Kennels AD37 P37 P37 P37 AD AD AD AD
Stables,
commercial
AD37 AD37
Pet Daycare P37 P37 P37 AD AD AD AD AD AD AD82
Veterinary
offices/clinics
P P P P P112 P P P29 P P82
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ATTACHMENT B - 17
ATTACHMENT B
4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations:
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC
H. OFFICE AND CONFERENCE
Conference
centers
P29 P29 P29 H P29 P P P21 P18
Medical and
dental offices
P P29 P29 P29 AD P112 P P P P P92
Offices,
general
P P P P AD P112 P P P P P92
Veterinary
offices/clinics
P P P29 P29 P29 P112 P P P29 P P82
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON , AMENDING CHAPTER
8, MUNICIPAL ARTS COMMISSION, OF TITLE II (COMMISSIONS AND BOARDS) OF
THE RENTON MUNICIPAL CODE, UPDATING AND CLARIFYING CODE LANGUAGE
RELATED TO THE RENTON MUNICIPAL ARTS COMMISSION.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on February 1, 2017,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Chapter 8, Municipal Arts Commission, of Title II (Commission and Boards)
of the Renton Municipal Code, is amended as follows:
CHAPTER 8
RENTON MUNICIPAL ARTS COMMISSION
SECTION:
2-8-1: Creation Oof the Renton Municipal Arts Commission
2-8-2: Purpose
2-8-3: Function Members
2-8-4: Appointments Function
2-8-5: Members Arts and Culture Master Plan
2-8-6: Term One Percent for Art Program
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
2
2-8-7: Works Of City Art And Public Facilities Collection
2-8-1 CREATION OF THE RENTON MUNICIPAL ARTS COMMISSION:
There is hereby created a the Renton Municipal Arts Commission (“Commission”).
2-8-2 PURPOSE:
A. The City of Renton recognizes and acknowledges the importance of and
benefit to the public in providing visual art and performance in its public works
and facilities, and encouraging and promoting in the community as a whole. The
City encourages and promotes such art and the work of artists, particularly as this
work may reflect the diverse cultures inherent in Renton. It shall therefore be the
policy of the City, unless otherwise prohibited or limited by law, to direct and
further the inclusion of art in its public works projects.
B. In addition, the City encourages and supports the inclusion of art,
especially as it may be accessible to the public, in private development projects.
C. The term “art” shall be liberally construed and includes the conscious
production or arrangement of sounds, colors, forms, movements or other
elements in a manner that affects the sense of beauty and is of aesthetic value.
2-8-3 FUNCTION MEMBERS:
A. The Municipal Arts Commission (“Commission”) shall consist of thirteen
(13) members appointed by the Mayor or designee and subject to confirmation
by a majority of the members of the City Council. Of those thirteen (13) members,
at least four (4) members shall be residents of the City, and at least one (1)
member shall be between 15 and 21 years of age. The Commission shall act in an
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
3
advisory capacity to the Mayor and City Council in connection with the artistic and
cultural development of the City. The Commission shall also act as the conservator
of the City’s works of public art.
B. Membership on the Commission shall, whenever possible, include
members from a variety of art fields and related professions. The Commission shall
elect a chair, vice-chair, and secretary on an annual basis. The Commission shall
be responsible for reviewing the design, execution and acceptance of works of art
funded or otherwise acquired by the City. Procedures for these responsibilities
shall be developed by the Commission in writing and a copy thereof shall be filed
with the City Clerk of the City and furnished unto the office of the Mayor and City
Council. Such procedures shall not be in full force and effect until approved by the
City Council.
C. Each Commissioner appointed to serve on the Commission shall be
entitled to serve a three (3) year term. No fewer than three (3) of the terms shall
expire each year. Members of the Commission may be removed at any time for
any reason by the appointing authority. Vacancies for the remainder of unexpired
terms shall be filled in the same manner as the original appointment. The
Commission shall develop, implement and update the Arts and Culture Master
Plan, which shall include the City’s vision and goals for future works of public art,
and a strategic plan for implementing these goals.
The Arts and Culture Master Plan shall be subject to review and approval by
the Mayor and City Council on an annual basis. During the Commission’s annual
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
4
review of all capital improvement projects as set forth in subsection D of this
Section, the Mayor shall propose, for Council review and approval, which Maste r
Plan elements should receive funding based on the projected one percent (1%) for
art funding guidelines as set forth in RMC 2 ‑8‑7 or as otherwise determined by
the City Council.
D. All members of the Commission shall serve without compensation for such
service. During the City’s annual budget process, the Commission shall review with
the Mayor, or his/her representative, all capital improvement projects anticipated
within the following two (2) year period to determine which projects are
appropriate for inclusion of works of art and to estimate the amount to be
allocated for said purpose. The Mayor, with appropriate budgetary authorization
from the City Council, may establish the amount to be provided for the project(s),
as guided by RMC 2‑8‑7. If, however, the Mayor decides that there will be no
funds expended for art on a municipal construction project, and upon concurrence
from the City Council, then the funds allocated therefor shall be expended as set
forth in RMC 2-8-7C or as otherwise determined by the City Council. Copies of any
proposals prepared by the Commission shall likewise be furnished to the
Department of Community and Economic Development of the City.
1. Definition of municipal construction project: Any public building,
decorative or commemorative structure, park, street, sidewalk, parking facility, or
any portion thereof, within the City limits, which will be constructed, renovated
or remodeled, and paid for wholly or in part by the City, and the total project cost
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
5
of which exceeds ten thousand dollars ($10,000.00) to construct, renovate or
remodel.
2. “Municipal construction project” shall not be defined to include capital
projects paid for wholly or in part by the City’s water and sewer utility.
E. Whenever a work of art is to be funded under this Chapter the Commission
shall, under its guidelines, select the appropriate work(s) of art and recommend
that work(s) of art to the City Council. The City Council shall consider the
recommendation of the Commission and either approve or re fuse to approve the
recommended work(s) of art. Should the Council refuse to approve the work(s) of
art, then the Commission shall consider and recommend another work(s) of art to
the City Council. Should the City Council approve the work(s) of art, then t he
administration shall proceed to contract with the appropriate artist or artists to
obtain the work(s) of art. The contract with the artist or artists will be
administered by the City staff.
F. Maintenance, inspection and rotation of works of art selected and installed
under the advice and direction of the Renton Municipal Arts Commission shall be
the responsibility of the administration of the City. The Commission may develop
a conservation policy from which it may prepare specifications for a maintenance
plan for the City’s works of art. The artwork maintenance shall be performed by
the City’s Facilities Division. The Commission shall inspect such maintenance work
and make recommendations for the guidance of the administration in so
maintaining the works of art.
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
6
G. The Commission shall seek, whenever appropriate, alternative sources of
financing for the visual and/or performing arts.
H. The Commission shall be responsible for disbursing money budgeted to it
for support of cultural arts performances, arts-related activities and organizations,
as resources allow. Such money shall be used to support specific performances
such as choral concerts or play performances, performing arts events, or special
projects of a performing arts group. Such funds may not be used for capital
purchases, facility renovations, maintenance or other non -performance
expenditures. Any such funded performance must be held in Renton and primarily
benefit Renton residents.
2-8-4 APPOINTMENTS FUNCTION:
A. In addition to the requirements imposed by this Chapter, the Commission
shall adhere to the bylaws of the Renton Municipal Arts Commission, as approved
by the City Council and adopted by the Commission, a copy of which shall be filed
with the City Clerk.
B. The Commission shall advise the Mayor or designee and City Council on
matters relating to the artistic and cultural development of the City, particularly
as they may implement the City of Renton Art and Culture Plan and the One
Percent for Art Program. The Commission shall also act as the conservator and
curator of the City Art Collection.
C. The Commission shall be responsible for reviewing the design, execution,
and acceptance of works of art funded or otherwise offered to or acquired by the
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
7
City. The Commission shall be responsible for disbursing money budgeted to it for
cultural arts performances and other events, arts-related programs and activities,
and support of artists and arts and cultural organizations, as resources allow. Any
such funded performance must be held in Renton, primarily benefit Renton
residents and, to the greatest extent possible, be offered free of charge or at
reduced rates.
D. The Commission shall seek, whenever appropriate, alternative sources of
funding for furthering visual, performing, and cultural arts in Renton. The
Municipal Arts Commission shall consist of thirteen (13) members appointed by
the Mayor and subject to confirmation by a majority of the members of the City
Council. Of those thirteen (13) members, at least four (4) shall be residents of the
City and one member shall be under the age of 21 years. All members of the
Commission shall serve without compensation for such service.
2-8-5 MEMBERS ARTS AND CULTURE MASTER PLAN:
A. The Commission shall implement and periodically update the Arts and
Culture Master Plan. The Commission shall consult with the Mayor or designee,
elected and appointed officials, staff of various City departments, and other
stakeholders during any update of the Plan to ensure inclusion of the City’s vision
and goals as they relate to arts and culture in the Plan.
B. The Commission’s implementation of the Arts and Culture Master Plan
shall be subject to oversight by the Mayor or designee and City Council. The
membership on the Commission shall, whenever possible, include members from
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
8
a variety of art fields and related professions. The Mayor and City Council may
solicit suggested nominations for such appointments from architectural, art,
musical, literary, educational and other cultural organizations.
The Commission shall organize and elect a chair annually. The Commission may
organize such subcommittees as it deems necessary. In order to implement such
purposes, the Commission may call upon such City departments as will assist the
Commission’s function, and appointed City officials and members of the various
City departments are encouraged to consult and advise with the Commission from
time to time.
2-8-6 TERM:
All such appointments to the Commission shall be for three (3) year terms, with
one-third (1/3) of the terms expiring each year. All appointments heretofore made
by the Mayor and City Council to such Municipal Arts Commission are hereby
confirmed. Members of the Municipal Arts Commission may be rem oved at any
time by the appointing authority and vacancies for the remainder of unexpired
terms shall be filled in the same manner as the original appointment.
2-8-7 WORKS OF ART AND PUBLIC FACILITIES 2-8-6 ONE PERCENT FOR ARTS
PROGRAM:
A. Subject to the consultation requirements of RMC 2-8-3D, all authorizations
and/or appropriations for municipal construction projects shall, concurrently,
upon budgeting therefor by the City Council and authorization by the Mayor,
whenever legally permitted, include an The One Percent for Arts Program shall
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
9
result in the fabrication or selection and acquisition of art to be installed and
added to the City Art Collection.
1. The One Percent for Arts Program shall be funded by the amount equal
to not less than one percent (1%) of the actual total project cost, to be used for
the selection, acquisition and/or installation of works of art to be placed in, on, or
about City public facilities, which are suitable and appropriate therefor of Capital
Improvement Projects, upon budgeting therefor by the City Council and
authorization by the Mayor or designee, with exceptions noted herein.
2. The amount that is transferred to the oOne pPercent (1%) for aArt
fFund (“Fund”), shall be based on the Capital Improvement Pproject’s budget cost
that is used for budgetary planning purposes,. The amount transferred to the Fund
shall be adjusted up or down from that amount, based on the actual total project
cost after it has been completed.
3. Definition of Capital Improvement Project: For the p urpose of this
Chapter, a Capital Improvement Project shall be a reference to any public building,
decorative or commemorative structure, park, street, sidewalk, parking facility, or
any portion thereof, within the City limits, which will be constructed, r enovated
or remodeled, and paid for wholly or in part by the City, and the total project cost
of which exceeds ten thousand dollars ($10,000) to construct, renovate, or
remodel.
4. The definition of a Capital Improvement Project shall not include the
City’s water and sewer utility capital projects.
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
10
5. In the event any law, rule or regulation establishing a source of funds
for a particular project, including but not limited to grants, loans, or assistance
from Federal, State or other governmental units, specifically prohibits, limits or
excludes artwork and art works as a proper project expenditure, then the amount
of funds from such source shall be specifically excluded in computing the one
percent (1%) amount of the total project cost. Other funds for the project,
however, will be subject to the Fund assessment.
B. Works of art to be funded by the One Percent for Arts Program shall follow
the guidelines of this section.
1. Whenever a work of art is to be funded under this Chapter, the
Commission shall, in consultation with the Mayor, initiate the project by selecting
the appropriate site for a work of art and, following consultation with the Mayor
or designee, recommend the art project to the City Council.
2. The City Council shall consider the recommendation of the Commission
and either approve or reject the recommended art project.
3. Should the City Council approve the art project, then the City shall
proceed to contract with the appropriate artist or artists to acquire or fabricate
the work of art.
4. The contract with the artist or artists will be administered by
Community and Economic Development Department staff. All funds authorized
and/or appropriated pursuant to this Section shall be maintained in the one
percent (1%) for arts fund. The City Council, upon the recommendation and advice
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
11
of the Commission, shall approve, from time to time, the amount to be allocated
for the selection, acquisition and/or installation of individual works of art to be
placed either as an integral part of the municipal construction project in
connection with which the funds were appropriated or attached thereto, or
detached within or outside such project, or to be placed in, on or about other
public facilities. All of such expenditures for art shall be approved by the City
Council and as otherwise provided by law.
C. The One Percent for Art Fund shall not be utilized for maintenance,
restoration, or repair of the City Art Collection, including for works of art funded
by the One Percent for Arts Program. Funds authorized and/or appropriated
pursuant to this Section for a municipal construction project but not expended on
any such project shall be placed and retained in the one percent (1%) for arts
reserve fund. If for any reason any transfer to such fund shall be contra ry to law
or prohibited by any rule or regulation governing such funds, then any such
unspent or residual sum authorized and/or appropriated as a part of such
construction project may be expended for any like or similar public purpose or
purposes relating to the selection, acquisition and/or installation of works of art.
2-8-7 CITY ART COLLECTION:
A. The Commission shall serve as steward of the City Art Collection
(“Collection”). It is the responsibility of the Commission to manage the Collection
by maintaining an accurate inventory of works. The Commission shall, on an
annual basis, inspect the Collection in order to provide verification to the Mayor
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
12
or designee and City Council of the location and condition of all works in the
Collection.
B. The Commission shall have authority to rotate, re-site, and display works
from the Collection at its discretion, subject to the requirements of this chapter.
Meaningful access by the public, security of the Collection, and appropriateness
of the location shall be primary considerations of the Commission. Works from the
Collection shall not be located in private offices or other locations not accessible
to the public.
C. Items in the Collection may be loaned to nonprofit or public cultural
organizations or agencies for exhibition purposes when the exhibition will share
the work with new audiences, promote scholarship, or offer new consideration of
the work or art or artist. Loans shall not be made for commercial purposes.
D. The Commission shall maintain a conservation policy from which it may
prepare specifications for a maintenance plan for the Collection. Funds budgeted
to the Commission shall not be used for maintenance of the Collection. Artwor k
maintenance shall be performed by the City’s Facilities Division, unless
maintenance or restoration of artwork in the Collection requires a level of skill
beyond that of Facilities Department personnel, as determined by the Commission
and the Facilities Department.
E. Works of art under consideration to be added to the Collection, whether
by purchase, creation, gift, or other means of acquisition , shall be evaluated by
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
13
the Commission as to appropriateness prior to acceptance. Such consideration
shall be guided by Acquisition Policies as delineated in the Commission bylaws.
F. The Commission may occasionally find it necessary to deaccession work or
works from the Collection, which shall be done in accordance with Deaccession
Policies in the Commission’s bylaws.
SECTION II. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1957:5/24/17:scr
AGENDA ITEM # 9. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4‐2‐060 AND 4‐2‐080 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, 4‐3‐100 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND
OVERLAY DISTRICTS, AND 4‐11‐050 AND 4‐11‐190 OF CHAPTER 11, DEFINITIONS,
OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE,
AMENDING THE REGULATIONS RELATED TO LOW INTENSITY COMMERCIAL USES
IN THE R‐14 AND RMF ZONES.
WHEREAS, it is appropriate to allow some light intensity commercial uses in the R‐14
zone, in some limited areas of the City; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council; and
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐2‐060.H, Office and Conference, of Chapter 2, Zoning Districts
– Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as shown on Attachment A.
SECTION II. The “Eating and drinking establishments” and “Retail sales, outdoor” rows
of subsection 4‐2‐060.I, Retail, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
2
(Development Regulations) of the Renton Municipal Code, is amended as shown on Attachment
B. The remaining rows shall stay as currently codified.
SECTION III. The “Off‐site services” and “On‐site services” rows of subsection 4‐2‐
060.K, Services, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as shown on Attachment C. The
remaining rows shall stay as currently codified.
SECTION IV. Subsection 4‐2‐080.A.33 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
33. a. For lots zoned R‐14 within the Sunset Area, as defined by Ordinance
5610 establishing a Planned Action for the Sunset Area, retail uses, eating/drinking
establishments, and on‐site service uses are prohibited unless they are accessory
to a school, park, or entertainment and recreational use as allowed in RMC 4‐2‐
060.E, F and J. Commercial uses shall not be greater than five thousand (5,000)
square feet of gross floor area.
b. Specified uses are only permitted on the ground‐floor level as
part of a residential project on R‐14 zoned properties fronting on South 7th Street.
SECTION V. Subsection 4‐2‐080.A.42 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
3
42. Permitted only on the ground‐floor level as part of a residential project
on R‐14 zoned properties fronting on South 7th Street. Specified uses are only
permitted for properties located along South 4th Street.
SECTION VI. Subsection 4‐3‐100.B.1.b of Chapter 3, Environmental Regulations and
Overlay Districts, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
b. Any of the activities listed in subsection B1a of this Section RMC 4‐
3‐100.B.1.a and occurring in the following overlay areas or zones shall be required
to comply with the provisions of this Section:
i. District ‘A’: All areas zoned Center Downtown (CD).
ii. District ‘B’: All areas zoned Residential Multi‐Family (RMF).
iii. District ‘C’: All areas zoned Urban Center (UC) or Commercial
Office Residential (COR).
iv. District ‘D’: All areas zoned Center Village (CV) or Commercial
Arterial (CA), Commercial Neighborhood (CN), and mixed use buildings with
attached dwelling units in the Commercial Office (CO) Zone, except for those areas
included in the Automall District, see RMC 4‐3‐040.
SECTION VII. The definition of “Eating and Drinking Establishment” in section 4‐11‐050,
Definitions E, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
EATING AND DRINKING ESTABLISHMENT: A retail establishment selling food
and/or drink for consumption on the premises or for take‐out, including accessory
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
4
on‐site food preparation. This definition includes, but is not limited to,
restaurants, cafes, and microbrew establishments, and espresso stands. This
definition excludes taverns; mobile food vending; fast food; entertainment clubs;
dance clubs; and/or dance halls.
SECTION VIII. The definition of “Services, On‐Site” in section 4‐11‐190, Definitions S, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
SERVICES, ON‐SITE: Establishments primarily engaged in providing individual or
professional services within the place of business, such as beauty and barber
shops, retail laundry and dry‐cleaning including coin‐operated, garment
alterations and repair, photo studios, shoe repair, pet grooming, photography and
photo reproduction, real estate offices, personal accountants, entertainment
media rental or other indoor rental services, and repair of personal or household
items, except for vehicle repair. This definition excludes adult retail uses, service
and social organizations, and off‐site services.
SECTION IX. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
5
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1959:6/2/17:scr
AGENDA ITEM # 9. c)
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-4-130 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, AND
4-9-195 OF CHAPTER 9, PERMITS – SPECIFIC, OF TITLE IV (DEVELOPMENT
REGULATIONS) OF THE RENTON MUNICIPAL CODE, CLARIFYING REVIEW
CRITERIA OF ROUTINE VEGETATION MANAGEMENT PERMITS.
WHEREAS, the Renton Municipal Code, through its Tree Retention and Land Clearing
Regulations, seeks to promote land development practices that result in minimal adverse
disturbance to existing vegetation and soils within the City while at the same time recognizing
that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing
and proposed structures and improvements, interference with utility services, protection of
scenic views, and the realization of a reasonable enjoyment of property may require the removal
of certain trees and ground cover; and
WHEREAS, the City provides a permit process for routine vegetation management
implementing the tree retention and land clearing regulations; and
WHEREAS, the City seeks to ensure that the review criteria of Routine Vegetation
Management Permits are clear and concise; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties in support or opposition , and subsequently
forwarded a recommendation to the City Council; and
AGENDA ITEM # 9. d)
ORDINANCE NO. ________
2
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-4-130.H.5, General Review Criteria, of Chapter 4, City-Wide
Property Development Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
5. General Review Criteria: All land clearing and tree removal activities
shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and
shall meet the following criteria:
a. The land clearing and tree removal will not create or contribute to
landslides, accelerated soil creep, settlement and or subsidence, or hazards
associated with strong ground motion and soil liquefaction. flooding, erosion, or
increased turbidity, siltation or other form of pollution in a watercourse.
b. The land clearing and tree removal will not create or contribute to
flooding, erosion, or increased turbidity, siltation or other form of pollution in a
watercourse.
cb. Land clearing and tree removal will be conducted to maintain or
provide visual screening and buffering between land uses of differing intensity,
consistent with applicable landscaping and setback provisions of the Renton
Municipal Code.
AGENDA ITEM # 9. d)
ORDINANCE NO. ________
3
dc. Land clearing and tree removal shall be conducted so as to expose
the smallest practical area of soil to erosion for the least possible time, consistent
with an approved build-out schedule and including any necessary erosion control
measures.
ed. Land clearing and tree removal shall be consistent with subsection
D3 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050,
Critical Areas Regulations.
fe. The land clearing and tree removal shall not create or contribute to
a hazardous condition, such as increased potential for blowdown, pest infestation,
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot.Retained trees will not create or contribute to a
hazardous condition as the result of blowdown, insect or pest infestation, disease,
or other problems that may be created as a result of selectively removing trees
and other vegetation from a lot.
gf. Land clearing and tree removal shall be conducted to maximize the
preservation of any tree in good health that is an outstanding specimen because
of its size, form, shape, age, color, rarity, or other distinction as a community
landmark.
SECTION II. Section 4-9-195, Routine Vegetation Management Permits, of Chapter 9,
Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS:
AGENDA ITEM # 9. d)
ORDINANCE NO. ________
4
A. PURPOSE:
This Section provides a permit process for routine vegetation management
implementing the tree retention and land clearing regulations in RMC 4-4-130.
B. AUTHORITY:
The City’s Development Services Division Director, or his duly authorized
representative, Administrator is hereby authorized and directed to interpret and
enforce all the provisions of this Section.
C. APPLICABILITY:
Unless exempted by RMC 4-4-130.C, Allowed Tree Removal Activities, a
Routine Vegetation Management Permit is required for any property where
routine vegetation management activities are undertaken.
D. PROCEDURES AND REVIEW CRITERIA:
Permits for routine vegetation management shall be processed as follows:
1. Submittal: An application for a routine vegetation management permit
shall be submitted to the Development Services Division together with any
necessary fees as required in chapter 4-1 RMC specified in the City of Renton Fee
Schedule.
2. Information Required: A routine vegetation management permit
application shall contain the information requested in RMC 4-8-120, Submittal
Requirements – Specific to Application Type.
3. Time: The permit shall be reviewed administratively within a reasonable
period of time.
AGENDA ITEM # 9. d)
ORDINANCE NO. ________
5
4. Review Criteria: All land clearing and tree removal activities shall comply
with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet
the following criteria:
a. The lot shall comply with minimum tree density requirements
pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations.
b. The land clearing and tree removal shall be consistent with
Restrictions for Critical Areas, pursuant to RMC 4-4-130, Tree Retention and Land
Clearing Regulations, and RMC 4-3-050, Critical Areas Regulations.
c. Removal of a Landmark Tree shall meet the review criteria for
Removal of a Landmark Tree, pursuant to RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
d. Street frontage and parking lot trees and landscaping shall be
preserved, unless otherwise approved by the Administrator.
e. The land clearing and tree removal shall not remove any
landscaping or protected trees required as part of a Land Development Permit.
f. The land clearing and tree removal shall maintain visual screening
and buffering between land uses of differing intensity, consistent with applicable
landscaping and setback provisions.
g. The land clearing and tree removal shall not create or contribute to
a hazardous condition, such as increased potential for blowdown, pest infestation,
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot.
AGENDA ITEM # 9. d)
ORDINANCE NO. ________
6
45. Routine Vegetation Management Permit Conditions: The routine
vegetation management permit may be denied or conditioned by the City to
restrict the timing and extent of activities or to require tree replacement in order
to further the intent of this Section including:
a. Preserve and enhance the City’s aesthetic character and maintain visual
screening and buffering.
b. Preserve habitat to the greatest extent feasible.
c. Prevent landslides, accelerated soil creep, settlement and subsidence
hazards.
d. Minimize the potential for flooding, erosion, or increased turbidity,
siltation or other form of pollution in a watercourse.
e. Ensure that the proposal will be consistent with RMC 4-4-130.D.23,
Restrictions for Critical Areas – General, and 4-4-130.D.34, Restrictions for Native
Growth Protection Areas.
56. Time Limits for Routine Vegetation Management Permits: Any permit
for routine vegetation management shall be valid for one year from the date of
issuance. An extension may be granted by the Development Services Division
Administrator for a period of one (1) year upon application by the property owner
or manager. Application for such an extension must be made at least thirty (30)
days in advance of the expiration of the original permit and shall include a
statement of justification for the extension.
E. APPEALS:
AGENDA ITEM # 9. d)
ORDINANCE NO. ________
7
Appeal of the decision to grant, grant with conditions, or deny a routine
vegetation management permit shall be made consistent with RMC 4 -8-110,
Appeals.
F. VIOLATIONS AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors
subject to RMC 1-3-1.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1958:5/25/17:scr
AGENDA ITEM # 9. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4‐1‐190 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, 4‐2‐080, 4‐2‐
100, 4‐2‐110, 4‐2‐115, 4‐2‐120, AND 4‐2‐130 OF CHAPTER 2, ZONING DISTRICTS
– USES AND STANDARDS, 4‐4‐040, 4‐4‐070, 4‐4‐080, 4‐4‐100, AND 4‐4‐130 OF
CHAPTER 4, CITY‐WIDE PROPERTY DEVELOPMENT STANDARDS, 4‐6‐060 OF
CHAPTER 6, STREET AND UTILITY STANDARDS, 4‐7‐150 OF CHAPTER 7,
SUBDIVISION REGULATIONS, 4‐8‐080, AND 4‐8‐120 OF CHAPTER 8, PERMITS –
GENERAL, 4‐9‐030, 4‐9‐070, 4‐9‐150, 4‐9‐200, AND 4‐9‐240 OF CHAPTER 9,
PERMITS ‐ SPECIFIC, 4‐11‐010, 4‐11‐020, 4‐11‐180, 4‐11‐190, 4‐11‐200, AND 4‐11‐
250 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS)
OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE
INTERPRETATIONS FROM DECEMBER 8, 2015 TO DECEMBER 6, 2016, INCLUDING
ADDING A DEFINITION OF “ATTIC,” AND AMENDING THE DEFINITIONS OF
“BUILDING HEIGHT,” “RETAIL SALES, OUTDOOR,” “TRACT,” AND “YARD
REQUIREMENT.”
WHEREAS, pursuant to Renton Municipal Code Section 4‐1‐080, Interpretation, the
Community and Economic Development Administrator (“Administrator’) is authorized to make
interpretations regarding the implementation of unclear or contradictory regulations contained
in this Title; and
WHEREAS, the Administrator recognized that the Title IV regulations addressed in this
Ordinance contained unclear or contradictory language; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
2
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties appearing in support or in opposition, and
subsequently forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐1‐190.C, Findings and Authority, of Chapter 1, Administration
and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
C. FINDINGS AND AUTHORITY:
The Renton City Council (hereinafter referred to as “Council”) hereby finds and
determines that development activities, including but not limited to new
residential, commercial, retail, office, and industrial development in the City of
Renton (hereinafter referred to as “City”) will create additional demand and need
for system improvements in the City and school facilities within its school districts,
and the Council finds that such new growth and development should pay a
proportionate share of the cost of system improvements needed to serve the new
growth and development.
In the “Rate Study for Impact Fees for Transportation, Parks and Fire
Protection,” City of Renton, dated August 26, 2011 (“Rate Study”), as defined and
hereby incorporated by this reference, the City has documented its extensive
research concerning the procedures for measuring the impact of new
developments on public facilities.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
3
The Rate Study utilizes methodologies for calculating impact fees that are
consistent with the requirements of RCW 82.02.060(1). A copy of the most current
version of the Rate Study shall be kept on file by the Renton City Clerk and will be
available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to
assess impact fees for transportation, parks and fire protection, as well as school
impact fees for the Issaquah, Kent, and Renton School Districts. The provisions of
this Section shall be liberally construed in order to carry out the purposes of the
Council in providing for the assessment of impact fees.
SECTION II. Subsection 4‐1‐190.D.28, “Rate Study,” of Chapter 1, Administration and
Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
28. “Rate Study” means the any “Rrate Sstudy for relating to Iimpact Ffees
for Ttransportation, Pparks and fFire pProtection,” adopted by the City of Renton,
dated August 26, 2011, or as hereinafter amended.
SECTION III. Subsection 4‐2‐080.A.15 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
15. In the CD and CO Zones, use outdoor retail sales are limited to
farmer’s markets. In the RMF zone, outdoor retail sales are limited to vending
machines and retail product lockers. In all other zones, use is outdoor retail sales
are limited to farmer’s markets, building, hardware and garden products, retail
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
4
sales. vending machines, and retail product lockers. Vending machines and retail
product lockers shall comply with the following standards:
a. No more than two (2) units shall be permitted outside of a building;
b. The maximum width of the combined units shall be no more than
twelve feet (12’);
c. The units shall not block any openings, (e.g., windows, doors, etc.);
d. The units shall not impede ADA accessibility; and
e. The units shall not be located within a surface parking area or
landscaped area, and shall be situated such that it abuts a building façade.
SECTION IV. Subsection 4‐2‐080.A.29 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
29. Specified use(s) are only allowed in the Employment Area (EA) land
use designation, provided:
a. Gambling facilities, vehicle and equipment rental and
communication broadcast and relay towers are excluded within the area south of
I‐405 and north of SW 16th Street.
b. Outdoor storage and Llarge vehicle sales are only allowed in the
area south of I‐405 and west of SR167/Rainier Avenue South.
c. Outdoor storage and retail sales are allowed as an accessory use in
industrial zones.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
5
d. Self‐service storage is allowed as an administrative conditional use in
the Light Industrial (IL) Zone.
SECTION V. Section 4‐2‐100.B, Tables, of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
B. TABLES:
There are four (4) separate tables dealing with the following general land use
categories and zones:
RESIDENTIAL (RC, R‐1, R‐4, R‐6, R‐8, R‐10, R‐14)
RESIDENTIAL MULTI‐FAMILY (RMF)
COMMERCIAL (CN, CV, CA, CD, CO, COR, UC)
COMMERCIAL (CD, CO, COR)
INDUSTRIAL (IL, IM, IH)
SECTION VI. Subsection 4‐2‐110.A, 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 the Renton Municipal Code, is amended
as shown on Attachment A.
SECTION VII. The Maximum Wall Plate Height section in subsection 4‐2‐110.B,
Development Standards for Residential Development (Detached Accessory Buildings), of Chapter
2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
MAXIMUM WALL PLATE HEIGHT18, 19
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
6
Maximum Height for Public Facilities shall be determined through site plan review.
Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas)
RC, R‐1, R‐4, R‐6, R‐
8, R‐10, R‐14, and
RMF
See RMC 4‐4‐140, Wireless Communication Facilities.
Freestanding vertical monopole amateur radio antennas are
allowed a maximum height of 45 ft. without a Conditional Use
Permit. Taller structures will have maximum height determined
pursuant to RMC 4‐9‐030, Conditional Use Permits.
SECTION VIII. The Front Yard/Side Yard Along Streets subsection in the Minimum
Setbacks section in 4‐2‐110.B, Development Standards for Residential Development (Detached
Accessory Buildings), of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
MINIMUM SETBACKS
Front Yard/Side Yard Along Streets
RC, R‐1, R‐4, R‐6, R‐
8, R‐10, R‐14 and
RMF
Unless explicitly stated otherwise, sSetbacks applied to the
primary structure also apply to accessory structures. Accessory
structures shall not be located between the primary structure and
RC Accessory building – 12 ft.
R‐1, R‐4, R‐6, and R‐8 Accessory building – 12 ft.
Accessory dwelling units and animal husbandry or agricultural
related structures are subject to the maximum wall plate height
of subsection A of this Section, and associated conditions.
Additionally, the structure shall not be taller than the primary
dwelling.
R‐10 and R‐14 Accessory building – 12 ft.
Accessory dwelling unit and agricultural related structures are
subject to the maximum wall plate height of subsection A of this
Section, and associated conditions, except that the structure shall
not be taller than the primary dwelling.
RMF 25 ft.20, except that the structure shall not be taller than the
primary building(s).
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
7
a street4.; where the setback is less than 20 ft., the vehicle entry
for a detached carport/garage (or structure that incorporates
vehicular parking) shall have a minimum 20 ft. setback from the
property line where vehicle access is provided; all other facades
of a garage shall be subject to the applicable zone’s minimum
setback.
SECTION IX. The Minimum Side Yard Along a Street Row in the Setbacks section of 4‐2‐
110.C, Development Standards For Residential Manufactured Home Park Zoning Designation, of
Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as shown on Attachment B. The other subsections in 4‐2‐
110.C shall remain as currently codified.
SECTION X. Subsections 4‐2‐110.D.5, 4‐2‐110.D.6, 4‐2‐110.D.18, 4‐2‐110.D.22, 4‐2‐
110.D.31, and 4‐2‐110.D.34 of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, are amended as shown below. The
other subsections in 4‐2‐110.D shall remain as currently codified.
5. The minimum front yard and side yard along a street secondary front
yard setback for lots that abut required turnarounds (cul‐de‐sacs and
hammerheads) may be reduced, excluding garage setbacks, to no less than five
feet (5'), subject to the following:
a. The maximum building coverage cannot be attained without a
reduction of the front yard and/or side secondary front yard along a street
setback; and
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
8
b. The setback reduction is the minimum necessary to attain the
allowed building coverage; and
c. If a setback reduction is approved under this provision the
exceptions to setbacks pursuant to 4‐2‐110.D.4 (Allowed Projections into
Setbacks) shall apply unless the proposed projection is closer than five feet (5') to
the property line/easement, except for eaves, which may encroach the minimum
five feet (5') setback as specified in 4‐2‐110.D.4.
d. The setback reduction may commence at a right angle to the point
at which the right‐of‐way, tract or easement begins to expand to form the
turnaround.
6. The A front and secondary front yard setbacks may be reduced to be
equal to or greater than the averaged front yard setbacks of existing primary
structures on abutting lots along the same street; however, this setback reduction
does not apply to attached or detached garages.
18. Vertical Projections from Wall Plates:
a. Roofs with a pitch equal to or greater than 4:12 may project an
additional six (6) vertical feet from the maximum wall plate height. If the height of
wall plates on a building are less than the stated maximum the roof may project
higher to account for the difference, yet the combined height of both features
shall not exceed the combined maximums (e.g., if the maximum wall plate height
of a zone is twenty‐four feet (24') and the wall plates of a structure are no taller
than twenty feet (20'), the roof may project up to ten feet (10') instead of six feet
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
9
(6')). Common rooftop features, such as chimneys, may project an additional four
(4) vertical feet from a roof surface.
b. Nonexempt vertical projections (e.g., The topmost surface of roofs
pitched less than 4:12, and rooftop decks shall be below the maximum wall plate
height, railings, etc.) may extend up to six (6) vertical feet above the maximum
wall plate height if the projection is unless such surfaces are stepped back one‐
and‐a‐half (1.5) horizontal feet from each minimum building setback line for each
one vertical foot above the maximum wall plate height, in which case they may
extend up to six (6) vertical feet above the maximum wall plate height. Deck
enclosures (i.e., railings) located above the maximum wall plate height and not
stepped back shall be constructed of transparent tempered glass or its equivalent,
as determined by the Administrator.
22. Corner lots required to have a front yard and a secondary front yard
are relieved of the requirement to have a rear yard; in place of a rear yard setback,
the side yard setback of the zone shall apply. Reserved.
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 lot standards of the zone are met. The
minimum front and rear yard setback reduction shall be limited to two and a half
(2.5) feet or ten percent (10%), whichever is greater. The minimum lot width and
lot area reduction shall be limited to ten percent (10%) of the lot width and lot
area of the zone. The variation requirements of RMC 4‐2‐115 do not require
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
10
variations to the lot depth requirements; therefore the averaging provision is not
applicable to the minimum lot depth requirements.
34. For short plats of parcels smaller than one (1) acre, one (1) parcel may
be allowed to be smaller than the required minimum lot size indicated in
subsection A of this Section, Residential Development Standards 4‐2‐110.A. If all
other parcels meet the required minimum lot size standard of the zone, one (1)
parcel may be allowed to meet the following reduced minimum lot size (not
applicable for cluster development):
a. R‐4: Eight thousand (8,000) square feet.
b. R‐6: Six thousand two hundred fifty (6,250) square feet.
c. R‐8: Four thousand five hundred (4,500) square feet.
SECTION XI. Subsection 4‐2‐115.E.1, Site Design, of Chapter 2, Zoning Districts – Uses
and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
1. Site Design:
LOT CONFIGURATION: Variety in the configuration of lots enhances the image of variety of
housing stock and helps minimize perceptions of monotony.
Guidelines: Developments shall create pedestrian oriented environments and amplify the
mutual relationship between housing units, roads, open space, and pedestrian amenities,
while also protecting the privacy of individuals. Lots shall be configured to encourage variety
within the development. To the maximum extent practicable as defined by the Surface Water
Design Manual, retain soils with potential for infiltration.
Standards:
RC, R‐1,
and R‐4 n/a
One of the following is required of preliminary plat applications:
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
11
R‐6 and R‐
8
1. Lot width variation of 10 feet (10') minimum of one per four (4) abutting
street‐fronting lots, or
2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross
square feet size difference) for street‐fronting lots, or
3. A front yard setback variation of at least five feet (5') minimum for at
least every four (4) abutting street fronting lots.
All zones
Lots shall be configured to achieve both of the following:
1. The location of stormwater infiltrating LID facilities is optimized,
consistent with the Surface Water Design Manual. Building and property
line setbacks are specified in the Surface Water Design Manual for
infiltration facilities.
2. Soils with good infiltration potential for stormwater management are
preserved to the maximum extent practicable as defined by the Surface
Water Design Manual.
R‐10 and
R‐14
Developments of more than four (4) structures shall incorporate a variety of
home sizes, lot sizes, and unit clusters.
Dwellings shall be arranged to ensure privacy so that side yards abut other
side yards (or rights‐of‐way) and do not abut front or back yards.
Lots accessed by easements or pipestems shall be prohibited.
GARAGES: The minimization of the visual impact of garages contributes to creating
communities that are oriented to people and pedestrians, as opposed to automobiles.
Guidelines: The visual impact of garages shall be minimized, while porches and front doors
shall be the emphasis of the front of the home. Garages shall be located in a manner that
minimizes the presence of the garage and shall not be located at the end of view corridors.
Alley access is encouraged. If used, shared garages shall be within an acceptable walking
distance to the housing unit it is intended to serve.
Standards:
RC and R‐1 n/a
R‐4, R‐6,
and R‐8
If an attached garage is wider than twenty six feet (26’), at least one (1)
garage door shall be recessed a minimum of four feet (4’) from the other
garage door. Additionally, oOne of the following is required; the garage is:
1. Recessed from the front of the house and/or front porch at least eight
feet (8') The front porch projects in front of the garage a minimum of
five feet (5’), and is a minimum of twelve feet (12’) wide, or
2. Located so that tThe roof extends at least five feet (5') (not including
eaves) beyond the front of the garage for at least the width of the
garage plus the porch/stoop area, or
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
12
3. The garage is aAlley accessed, or
4. Located so that tThe garage entry does not face a public and/or private
street or an access easement, or
5. Sized so that it The garage width represents no greater than fifty percent
(50%) of the width of the front facade at ground level, or
6. The garage is dDetached., or
7. The garage doors contain a minimum of thirty percent (30%) glazing,
architectural detailing (e.g. trim and hardware), and are recessed from
the front façade a minimum of five feet (5’), and from the front porch a
minimum of seven feet (7’).
The portion of an attached garage wider than twenty six feet (26') across the
front shall be set back at least an additional two feet (2').
R‐10 and
R‐14
Garages may be attached or detached. Shared garages are also allowed,
provided the regulations of RMC 4‐4‐080 are met. Carports are not allowed.
One of the following is required; the garage must be:
1. Recessed from the front of the house and/or front porch at least eight
feet (8') The front porch projects in front of the garage a minimum of
five feet (5’), and is a minimum of twelve feet (12’) wide, or
2. The garage is dDetached and set back from the front of the house
and/or porch at least six feet (6').
Additionally, all of the following is required:
1. Garage design shall be of similar design to the homes, and
2. If sides of the garage are visible from streets, sidewalks, pathways, trails,
or other homes, architectural details shall be incorporated in the design.
If shared garages are allowed, they may share the structure with other homes
and all of the following is required:
1. Each unit has garage space assigned to it, and
2. The garage is not to be located further than one hundred sixty feet
(160') from any of the housing units to which it is assigned, and
3. The garage shall not exceed forty four feet (44') in width, and shall
maintain an eight foot (8') separation from any dwellings.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
13
SECTION XII. The Standards for Common Open Space subsection of 4‐2‐115.E.2, Open
Space, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as shown below. The other subsections in 4‐2‐115.E.2
shall remain as currently codified.
Standards for Common Open Space:
R‐10 and
R‐14
Developments of three (3) or fewer dwelling units: No requirement to
provide common open space.
Developments of four (4) or more units: Required to provide common open
space as follows: outlined below. Above ground drainage facilities (i.e., ponds,
swales, ditches, rain gardens, etc.) shall not be counted towards the common
open space requirement.
1. For each unit in the development, three hundred fifty (350) square feet
of common open space shall be provided.
2. Open space shall be designed as a park, common green, pea‐patch,
pocket park, or pedestrian entry easement in the development and shall
include picnic areas, space for small recreational activities, and other
activities as appropriate.
3. Open space shall be located in a highly visible area and be easily
accessible to the neighborhood.
4. Open space(s) shall be contiguous to the majority of the dwellings in the
development and accessible to all dwellings, and shall be at least twenty
feet (20') wide.
5. A pedestrian entry easement can be used to meet the access
requirements if it has a minimum width of twenty feet (20') with a
minimum five feet (5') of sidewalk.
6. Pea‐patches shall be at least one thousand (1,000) square feet in size
with individual plots that measure at least ten feet by ten feet (10' x 10').
Additionally, the pea‐patch shall include a tool shed and a common area
with space for compost bins. Water shall be provided to the pea‐patch.
Fencing that meets the standards for front yard fencing shall surround
the pea‐patch with a one foot (1') landscape area on the outside of the
fence. This area is to be landscaped with flowers, plants, and/or shrubs.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
14
7. Grass‐crete or other pervious surfaces may be used in the common open
space for the purpose of meeting the one hundred fifty feet (150')
distance requirement for emergency vehicle access but shall not be used
for personal vehicle access or to meet off‐street parking requirements.
8. Common open space areas shall have a maximum slope of five percent
(5%). Storm ponds may be used to meet the common open space
requirement if designed to accommodate a fifty (50) year storm and to
be dry ninety percent (90%) of the year.
9. Obstructions, such as retaining walls and fences, shall not be placed in
common open spaces.
SECTION XIII. The Primary Entry and Roofs subsections of 4‐2‐115.E.3, Residential
Design, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as shown below. The other subsections in 4‐2‐115.E.3
shall remain as currently codified.
PRIMARY ENTRY: Homes with a visually prominent front entry foster the sense that the
community is oriented to pedestrians. Features like porches and stoops at the front entry
provide opportunity for social interaction and can contribute to a sense of place for residents.
Additionally, porches work to minimize the appearance of bulk by breaking up the facade.
Guidelines: Entrances to homes shall be a focal point and allow space for social interaction.
Front doors shall face the street and be on the facade closest to the street. When a home is
located on a corner lot (i.e., at the intersection of two roads or the intersection of a road and a
common space) a feature like a wrapped porch shall be used to reduce the perceived scale of
the house and engage the street or open space on both sides.
Standards:
RC and R‐1 n/a
R‐4, R‐6,
and R‐8
One of tThe following is required:
1. Stoop: minimum size four feet by six feet (4' x 6') and minimum height
twelve inches (12") above grade, or
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
15
2. The entry shall include a pPorch or stoop: with a minimum size depth of
five feet (5') deep and minimum height of twelve inches (12") above
grade.
Exception: in cases where accessibility (ADA) is a priority, an accessible route
may be taken from a front driveway.
R‐10 and R‐
14
Both of the following are required:
1. The entry shall take access from and face a street, park, common green,
pocket park, pedestrian easement, or open space, and
2. The entry shall include one of the following:
a. Stoop: minimum size four feet by six feet (4' x 6') and minimum
height twelve inches (12") above grade, or
b. The entry shall include a pPorch or stoop: with a minimum depth of
five feet (5') deep and minimum height twelve inches (12") above
grade.
Exception: in cases where accessibility (ADA) is a priority, an accessible route
may be taken from a front driveway.
ROOFS: Roof forms and profiles are an important component in the architectural character of
homes and contribute to the massing, scale, and proportion of the home. Roofs also provide
opportunity to create variety, especially for homes of the same model.
Guidelines: Roofs shall represent a variety of forms and profiles that add character and relief
to the landscape of the neighborhood. The use of bright colors, as well as roofing that is made
of material like gravel and/or a reflective material, is discouraged.
Standards:
RC and R‐
1
n/a
R‐4, R‐6,
and R‐8
One of the following is required for all development:
1. Hip or gabled with at least a four to twelve (4:12) pitch for the
prominent form of the roof (dormers, etc., may have lesser pitch), or
2. Shed roof.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
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Additionally, for subdivisions greater than nine (9) lots: A variety of roof forms
appropriate to the style of the home shall be used.
R‐10 and
R‐14
Both of the following are required:
1. Primary roof pitch shall be a minimum four to twelve (4:12). If a gable
roof is used, exit access from a third floor must face a public right‐of‐
way for emergency access, and
21. A variety of roofing colors shall be used within the development and all
roof material shall be fire retardant; and.
2. Single family residential subdivisions shall use a variety of roof forms
appropriate to the style of the home.
SECTION XIV. The Setbacks subsection of 4‐2‐120.A, Development Standards for
Commercial Zoning Designations (CN, CV, CA, & UC), of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
shown in Attachment C. The other subsections in 4‐2‐120.A shall remain as currently codified.
SECTION XV. The Setbacks subsection of 4‐2‐130.A, Development Standards for
Industrial Zoning Designations, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as shown below. The
other subsections in 4‐2‐130.A shall remain as currently codified.
SETBACKS8,11
Minimum Front
Yard
Principal Arterial streets:12 20
ft.
Other streets: 15 ft.;
provided, that 20 ft. is
required if a lot is adjacent to
or abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15 ft.
Except 50 ft. is
required if a lot is
adjacent to or
abutting a lot zoned
residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15
ft.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
17
Minimum
Side Secondary
Front Yard
Along a Street
Principal Arterial streets:12 20 ft.
Other streets: 15 ft. Except 50 ft. is required if a lot is
adjacent to or abutting a lot zoned residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15
ft.
Minimum Freeway
Frontage Setback
10 ft. landscaped setback from the property line.
Minimum Rear and
Side Yards11
None, except 20 ft. if lot is
adjacent to or abutting a lot
zoned residential; which may
be reduced to 15 ft. through
the Site Plan development
review process.
None, except 50 ft. if
lot is adjacent to or
abutting a lot zoned
residential.
None, except 50 ft.
if lot abuts a lot
zoned residential.
20 ft. if lot abuts a
lot zoned CN, CV,
CA, CD, CO, COR,
or lot with Public
Facilities.
Clear Vision Area 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.
SECTION XVI. Subsections 4‐4‐040.D.3.a, Front Yard Setbacks, 4‐4‐040.D.3.b, Interior
Side Yard Setbacks, 4‐4‐040.D.3.c, Side Yard along a Street Setbacks, and 4‐4‐040.D.3.d, Rear Yard
Setbacks, of Chapter 4, City‐Wide Property Development Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, are amended as shown below. Subsection 4‐4‐
040.D.3.e shall remain as currently codified.
a. Front Yard Setbacks: Fences, retaining walls or hedges shall not
exceed forty‐two inches (42") in height in any part of the clear vision area as
defined by RMC 4‐11‐030, Definitions C. Fences, retaining walls, or hedges shall
not exceed forty‐eight inches (48") in height within any part of the front yard
setback when located outside of any clear vision area on said lot.
b. Interior Side Yard Setbacks: Fences, retaining walls or hedges shall
not exceed seventy‐two inches (72") in height within any part of the interior side
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yard setback to the point where they intersect the front yard setback, in which
case they shall be governed by the applicable limitations of the subsection D2a of
this Section, Ffront Yyard Ssetbacks.
c. Side Yard along a Street Secondary Front Yard Setbacks: Fences,
retaining walls or hedges shall not exceed forty‐two inches (42") in height within
any clear vision area, as defined by RMC 4‐11‐030, Definitions C, and forty‐eight
inches (48") in height elsewhere in the side secondary front yard along a street
setback.
d. Rear Yard Setbacks: Fences, retaining walls, or hedges shall not
exceed seventy‐two inches (72") in height within the rear yard setback except the
fence, retaining wall or hedge shall not exceed forty‐eight inches (48") in height
where they intersect the width of the side secondary front yard along a street
setback or if the rear yard of the lot abuts a public or private street.
AGENDA ITEM # 9. e)
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SECTION XVII. Subsection 4‐4‐070.P, Maintenance, of Chapter 4, City‐Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
P. MAINTENANCE:
1. Maintenance Required: Landscaping required by this Section shall be
maintained by the owner and shall be subject to periodic inspection by the
Department of Community and Economic Development. Plantings are to be
maintained in a healthy, growing condition and those dead or dying shall be
replaced. Property owners shall keep the planting areas reasonably free of weeds
and litter.
2. Failure to Maintain Landscaping: The Department of Community and
Economic Development is authorized to notify the owner that any required
landscaping is not being adequately maintained and the specific nature of the
failure to maintain. The Department shall send the property owner written notice,
specifying what corrections shall be made.
3. Security Required: Prior to the issuance of any final approval or
occupancy permit, the developer shall furnish a security device to the City in an
amount equal to the provisions of RMC 4‐9‐060. Landscaping shall be maintained
for a period of five (5) years after the issuance of any final approval or occupancy
permit prior to the release of the security device.
AGENDA ITEM # 9. e)
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SECTION XVIII. Subsection 4‐4‐080.F.7.d, RM Zones, of Chapter 4, City‐Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
d. RMF Zones:
i. For Lots Abutting an Alley: All parking shall be provided in the
rear yard area for any unit, and access shall be taken from the alley.
ii. For Lots Not Abutting an Alley: No portion of covered or
uncovered parking shall be located between the primary structure and the front
property line. Parking structures shall be recessed from the front facade of the
primary structure a minimum of two feet (2').
SECTION XIX. The Residential Uses Outside of Center Downtown Zone subsection of 4‐4‐
080.F.10.d, Parking Spaces Required Based on Land Use, of Chapter 4, City‐Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as shown below. The other subsections in 4‐4‐080.F.10.d shall remain as currently
codified.
USE NUMBER OF REQUIRED SPACES
RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE:
Detached dwellings: A minimum of 2 per dwelling unit, however, 1 per dwelling
unit may be permitted for 1 bedroom or less dwelling units.
Tandem parking is allowed. A maximum of 4 vehicles may be
parked on a lot, including those vehicles under repair and
restoration, unless kept within an enclosed building.
Manufactured homes within a
manufactured home park:
A minimum of 2 per manufactured home site, plus a
screened parking area shall be provided for boats, campers,
travel trailers and related devices at a ratio of 1 screened
space per 10 units. A maximum of 4 vehicles may be parked
AGENDA ITEM # 9. e)
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21
USE NUMBER OF REQUIRED SPACES
on a lot, including those vehicles under repair and
restoration, unless kept within an enclosed building.
Congregate residences: A minimum and maximum of 1 per sleeping room and 1 for
the proprietor, plus 1 additional space for each 4 persons
employed on the premises.
Assisted living: A minimum and maximum of 1 space per residential unit of
assisted living, plus dedicated parking spaces for facility fleet
vehicles.
Attached dwellings in RMF,‐U,
RM‐T, RM‐F, R‐14 and R‐10
Zones:
A minimum and maximum of 1.6 per 3 bedroom or large
dwelling unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1
bedroom or studio dwelling unit.
Attached dwellings within all
other zones:
1 per dwelling unit is required. A maximum of 1.75 per
dwelling unit is allowed.
Attached dwelling for low
income:
A minimum of 1 for each 4 dwelling units is required. A
maximum of 1.75 per dwelling unit is allowed.
Live‐work unit, residential
unit:
A minimum and maximum of 1 per unit.
Accessory dwelling unit: 1 per unit is required. A maximum of 2 per unit is allowed.
SECTION XX. Subsection 4‐4‐100.E.5, Additional Signs Permitted in Commercial and
Industrial Zones, of Chapter 4, City‐Wide Property Development Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
5. Additional Signs Permitted in Commercial and Industrial Zones: Except
in the City Center Sign Regulation Area, subsection H of this SectionRMC 4‐4‐
100.H, the following shall apply in all commercial and industrial zones:
a. Business Signs – General:
i. Freestanding, Ground, Roof and Projecting Signs: Each individual
business establishment may have only one (1) sign for each street frontage of any
one of the following types: Freestanding, roof, ground, projecting or combination.
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ORDINANCE NO. ________
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Each sign shall not exceed an area greater than one and one‐half (1‐1/2) square
feet for each lineal foot of property frontage which the business occupies up to a
maximum of three hundred (300) square feet; or if such sign is multi‐ faced, the
maximum allowance shall not be more than three hundred (300) square feet.
However, a maximum of one‐half (1/2) of the allowed square footage is allowed
on each face. Businesses with less than twenty‐five (25) lineal front feet may have
a sign of a maximum of twenty (20) square feet per face.
ii. Wall Signs: In addition to the signs in subsections RMC 4‐4‐
100.E.5.c, Under Marquee Signs, E.5.a(i), Business Signs ‐ General, E.5.f and E.5.g,
Motor Vehicle Dealership Over One Acre, E.5.e, Large Retail Uses, and E.5.d,
Shopping Centers, wall signs are permitted with a total copy area not exceeding
twenty percent (20%) of the building facade to which it is applied.
b. Marquee Signs: Signs on marquees conforming to subsection N of
this SectionRMC 4‐4‐100.N are permitted.
c. Under Marquee Signs: Under marquee signs shall be limited to one
(1) such sign per entrance for each business establishment.
d. Shopping Centers:
i. Shopping centers less than ten (10) acres may install:
• Freestanding Signs: One freestanding sign for each street
frontage of the shopping center. Each sign shall not exceed an area greater than
one and one‐half (1‐1/2) square foot for each linear foot of property frontage, not
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
23
to exceed one hundred fifty (150) square feet per sign face and a maximum of
three hundred (300) square feet including all sign faces.
ii. Shopping centers ten (10) acres or greater may install:
• Freestanding Signs: One (1) freestanding sign per street
frontage not to exceed an area greater than one and one‐half (1‐1/2) square feet
for each linear foot of property frontage, up to a maximum of one hundred fifty
(150) square feet per sign face and a maximum of three hundred (300) square feet
including all sign faces, and;
• Optional Freestanding Sign: In lieu of one of the freestanding
signs permitted above; one (1) freestanding identification sign for listing the
names of the occupants of the shopping center. The shopping center identification
sign shall not exceed an area greater than one and one‐half (1‐1/2) square feet for
each linear foot of property frontage, not to exceed two hundred fifty (250) square
feet per sign face and a maximum of five hundred (500) square feet including all
sign faces.
e. Large Retail Uses: Property dedicated primarily to retail sales may
install oversized signs as follows in lieu of signage permitted under subsections
E.5.a(i), Business Signs – General, and E.5.d, Shopping Centers, of this Section.
i. Developments Over One Hundred Twenty Five Thousand
(125,000) Square Feet: A commercial development with a single building of a
minimum of one hundred twenty five thousand (125,000) square feet in floor area
dedicated primarily to retail sales, provided all or part of the property is located
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
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within one thousand (1,000) feet of the right‐of‐way of Interstate Highway 405 or
Highway 167, may install:
• Freestanding Signs: One (1) freestanding sign per street
frontage not to exceed an area greater than one and one‐half (1‐1/2) square feet
for each linear foot of property frontage, up to a maximum of one hundred fifty
(150) square feet per sign face and a maximum of three hundred (300) square feet
including all sign faces; and
• Optional Freestanding Sign: In lieu of one of the freestanding
signs permitted above, for a property frontage with a minimum of two hundred
(200) linear feet, one (1) freestanding sign not to exceed two hundred fifty (250)
square feet per sign face and a maximum of five hundred (500) square feet
including all sign faces, and not to exceed sixty feet (60') in height; and
• Directional Sign: An additional directional sign may be
permitted to locate within twenty (20) feet of a recorded access easement serving
the subject property, provided the sign does not obscure sight distance. This sign
shall not exceed thirty‐two (32) square feet per sign face and a maximum of sixty‐
four (64) square feet including all sign faces.
ii. Big Box Retail Uses with over Three Hundred Fifty Thousand
(350,000) Square Feet of Total Building Area Located in the Employment Area:
Big box retail uses with over three hundred fifty thousand (350,000) square feet
in total building area located in the Employment Area may install:
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
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• Large Freestanding Signs: One (1) on‐premises freestanding sign
not to exceed one hundred fifteen feet (115') in height and seven hundred (700)
square feet per face, and another such sign not to exceed forty feet (40') in height
and four hundred (400) square feet per face; and
• Roof Signs: One (1) roof‐mounted sign per building of up to
four hundred (400) square feet not to exceed twenty feet (20') in height above the
parapet wall and not to exceed two (2) such signs per retail center; and
• Additional Freestanding Signs: Two (2) on‐premises
freestanding signs per street frontage, no more than eight feet (8') tall and no
more than one hundred (100) square feet per side.
f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership
or Control Located Within the Automall Area(s):
i. Wall and Under Marquee Signs: Each dealership is allowed its
appropriate wall or under marquee sign as stated in the Sign Code, and
ii. Freestanding Signs: Each dealership is allowed:
• One (1) freestanding sign per street frontage not to exceed an
area greater than one and one‐half (1‐1/2) square feet for each lineal foot of
property frontage that the business occupies up to a maximum of two hundred
(200) square feet per sign face, and a maximum of four hundred (400) square feet
including all sign faces, and not to exceed fifty feet (50') in height; or
• One (1) freestanding sign per street frontage not to exceed an
area greater than one and one‐half (1‐1/2) square feet for each lineal foot of
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
26
property frontage, up to a maximum of one hundred fifty (150) square feet per
sign face and a maximum of three hundred (300) square feet including all sign
faces, and not to exceed fifty feet (50') in height. In addition, each dealership is
allowed a maximum of two (2) accessory ground signs per street frontage, each
for a separate business activity located on the property that can reasonably be
related to the primary business. These signs shall not exceed a height of ten feet
(10') and a total sign area of twenty‐five (25) square feet if single faced, or fifty
(50) square feet including all sign faces. The accessory signs must also maintain a
minimum twenty foot (20') setback and be no closer than one hundred fifty feet
(150') to any other accessory ground sign.
• One electronic message board sign is permitted as a wall sign,
under marquee sign, or freestanding sign as allowed by the provisions stated
above.
g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership
or Control Located Outside the Automall Area:
i. Wall Signs: Each motor vehicle dealership located outside the
Automall area is allowed its appropriate wall or under marquee sign as stated in
the Sign Code; and
ii. Freestanding Signs: Each motor vehicle dealership located
outside the Automall area is allowed:
• One (1) freestanding, roof, ground, or projecting sign per street
frontage not to exceed an area greater than one and one‐half (1‐1/2) square feet
AGENDA ITEM # 9. e)
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for each lineal foot of property frontage, up to a maximum of one hundred fifty
(150) square feet per sign face and a maximum of three hundred (300) square feet
including all sign faces; or
• One (1) freestanding sign per street frontage not to exceed an
area greater than one and one‐half (1‐1/2) square feet for each lineal foot of
property frontage, up to a maximum of one hundred (100) square feet per sign
face and a maximum of two hundred (200) square feet including all sign faces. In
addition, each dealership is allowed a maximum of two (2) accessory ground signs
per street frontage, each for a separate business activity located on the property
which can reasonably be related to the primary business. These signs shall not
exceed a height of ten feet (10') and a total sign area of twenty‐five (25) square
feet if single faced or fifty (50) square feet including all sign faces. The accessory
signs must also maintain a minimum twenty foot (20') setback and be no closer
than one hundred fifty feet (150') to any other accessory ground sign.
h. Subdivision Identification Signs: Commercial and/or industrial
subdivisions may have two (2) on‐premises identifying signs not over seventy‐five
(75) square feet on one face. These signs must be no higher than six feet (6'), or
no closer to the street right‐of‐way than ten feet (10') or five feet (5') to any side
property line.
i. Special Requirements for Specified Uses in the Commercial Office
(CO), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH)
Zones within One Hundred Feet (100') of a Lot Zoned Residential:
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i. Specified Uses – CO Zone
• Assisted Living
• Eating and Drinking Establishments
• Retail Sales
• Indoor Recreation
• On‐site Services
• Convalescent Centers
ii. Specified Uses – IL, IM, IH Zones
• Mini‐Mart
• On‐site Services
iii. Sign Allowances for Specified Uses in Subsections RMC 4‐4‐
100.E.5.i(i) and 4‐4‐100.E.5.i(ii) of this Section:
• Freestanding Signs: One freestanding sign per street frontage.
Freestanding signs shall be limited to six feet (6') in height above grade and ten
feet (10') from any public right‐of‐way. Each sign shall not exceed an area of one
(1) square foot for each lineal foot of property frontage, not to exceed one
hundred (100) square feet per sign face and a maximum of two hundred (200)
square feet including all sign faces.
• Wall Signs: In addition to the freestanding sign(s), wall signs are
permitted with a total copy area not exceeding ten percent (10%) of the building
facade to which it is applied.
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j. Self Storage Uses in the RM‐F RMF Zone: Signage for permitted self‐
storage uses in the RM‐F RMF Zone shall comply with subsection RMC 4‐4‐
100.E.5.i of this section except that freestanding signs shall be limited to two (2)
signs or one (1) per street frontage, whichever is greater.
k. Large Institution Directional and Wayfinding Signs: Commercial
and industrial campuses on land equal to or greater than two hundred thousand
(200,000) square feet of contiguous land area may display directional signs under
the following conditions:
i. Appearance of Signs: All on campus directional signs shall be
visually similar to other on campus signs.
ii. Allowed Area, Height, and Number: Directional signs shall not
exceed nine (9) square feet in surface area and shall not exceed five feet (5’) in
height. One (1) wayfinding sign with a maximum surface area of thirty‐two (32)
square feet may be used for every fifty thousand (50,000) square feet of
contiguous land area. Wayfinding signs shall not exceed a height of six feet (6’)
above the established grade.
iii. Visibility and Location: Signage shall not be visible from the
public right‐of‐way unless necessary for traffic and pedestrians entering the
campus. Directional and wayfinding signs shall be located on the subject property,
outside of the public right‐of‐way, and drive aisles.
AGENDA ITEM # 9. e)
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SECTION XXI. Subsection 4‐4‐130.C.9.d, Minimum Tree Density, of Chapter 4, City‐Wide
Property Development Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
d. Minimum Tree Density:
i. A minimum tree density shall be maintained on each residentially
zoned lot, as specified in the table below. The tree density may consist of existing
trees, replacement trees, trees required pursuant to RMC 4‐4‐070.F.1, Street
Frontage Landscaping Required, or a combination. If the number of trees required
includes a fraction of a tree, any amount equal to or greater than one‐half (1/2)
shall be rounded up; and
Type of Residential
Development
Minimum Tree
Density
Multi‐family
development
(attached
dwellings)3
Four (4) significant
trees1for every five
thousand (5,000) sq.
ft.
Single family
development
(detached
dwellings)2
Two (2) significant
trees1for every five
thousand (5,000) sq.
ft.
1Or the gross equivalent of caliper inches
provided by one or more trees.
2Lots developed with detached dwellings in
the R‐10 and R‐14 zones are exempt.
3Development in the RMF zone is exempt.
ii. Property owners are responsible for maintaining these trees in a
healthy condition.
AGENDA ITEM # 9. e)
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SECTION XXII. Subsection 4‐4‐130.H.9, Protection Measures During Construction, of
Chapter 4, City‐Wide Property Development Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
9. Protection Measures During Construction: Protection measures in this
subsection shall apply for all trees that are to be retained onsite and offsite. Offsite
trees containing drip lines that encroach onto the site under construction shall be
considered protected trees unless it is determined the abutting property owner is
in compliance with RMC 4‐4‐130.C, Allowed Tree Removal Activities. All of the
following tree protection measures shall apply:
a. Construction Storage Prohibited: The applicant may not fill,
excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth
in any way within the area defined by the drip line of any tree to be retained.
b. Fenced Protection Area Required: Prior to development activities,
the applicant shall erect and maintain six‐foot (6') high chain link temporary
construction fencing around the drip lines of all retained trees or at a distance
surrounding the tree equal to one and one‐quarter feet (1.25') for every one inch
(1") of trunk caliper, whichever is greater, or along the perimeter of a tree
protection tract. Placards shall be placed on fencing every fifty feet (50') indicating
the words, “NO TRESPASSING – Protected Trees,” or on each side of the fencing if
less than fifty feet (50'). Site access to individually protected trees or groups of
trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides.
AGENDA ITEM # 9. e)
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In addition, the applicant shall provide supervision whenever equipment or trucks
are moving near trees.
c. Protection from Grade Changes: If the grade level adjoining to a tree
to be retained is to be raised, the applicant shall construct a dry rock wall or rock
well around the tree. The diameter of this wall or well must be equal to the tree’s
drip line.
d. Impervious Surfaces Prohibited within the Drip Line: The applicant
may not install impervious surface material within the area defined by the drip
line of any tree to be retained.
e. Restrictions on Grading within the Drip Lines of Retained Trees: The
grade level around any tree to be retained may not be lowered within the greater
of the following areas: (i) the area defined by the drip line of the tree, or (ii) an
area around the tree equal to one and one‐half feet (1‐1/2') in diameter for each
one inch (1") of tree caliper. A larger tree protection zone based on tree size,
species, soil, or other conditions may be required.
f. Mulch Layer Required: All areas within the required fencing shall be
covered completely and evenly with a minimum of three inches (3") of bark mulch
prior to installation of the protective fencing. Exceptions may be approved if the
mulch will adversely affect protected ground cover plants.
g. Monitoring Required during Construction: The applicant shall retain
a certified arborist or licensed landscape architect to ensure trees are protected
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33
from development activities and/or to prune branches and roots, fertilize, and
water as appropriate for any trees and ground cover that are to be retained.
h. Alternative Protection: Alternative safeguards may be used if
determined to provide equal or greater tree protection.
SECTION XXIII. Subsection 4‐6‐060.J.2, Minimum Standards, of Chapter 6, Street and
Utility Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
2. Minimum Standards: Shared driveways shall be within a tract; the width
of the tract and paved surface shall be a minimum of sixteen feet (16'); the Fire
Department may require the tract and paved surface to be up to twenty feet (20')
wide. The tract shall be the width of the paved surface plus eight feet (8') for a
landscape strip, when the tract abuts properties that are not part of the
subdivision. The eight foot (8’) landscaping shall include a mixture of trees, shrubs,
and groundcover as required in RMC 4‐4‐070 and shall serve as a buffer between
the shared driveway and abutting properties that are not part of the subdivision.
The shared driveway may be required to provide a turnaround per RMC 4‐6‐
060.H. No sidewalks are required for shared driveways; however, drainage
improvements pursuant to City Code are required (i.e., collection and treatment
of stormwater), as well as an approved pavement thickness (minimum of four
inches (4") asphalt over six inches (6") crushed rock). The maximum grade for the
shared driveway shall not exceed fifteen percent (15%), except for within
approved hillside subdivisions.
AGENDA ITEM # 9. e)
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SECTION XXIV. Subsection 4‐7‐150.E.5, Alley Access, of Chapter 7, Subdivision
Regulations, of Title IV (Development Regulations) of the Renton Municipal Court, is amended as
follows:
5. Alley Access: Alley access is the preferred street pattern for all new
residential development except in the Residential Low Density land use
designation (RC, R‐1, and R‐4 zones) and the R‐6 zone. All new residential
development in an area that has existing alleys shall utilize alley access. New
residential development in areas without existing alleys shall utilize alley access
for interior lots. If the developer or property owner demonstrates that alley access
is not practical, the use of alleys may not be required. The City will consider the
following factors in determining whether the use of alleys is not practical:
a. Size: The new development is a short plat.
b. Topography: The topography of the site proposed for development
is not conducive for an alley configuration.
c. Environmental Impacts: The use of alleys would have more of a
negative impact on the environment than a street pattern without alleys.
d. If site characteristics allow for the effective use of alleys.
“Alleys” shall mean singular or plural in this subsection.
SECTION XXV. The Type II subsection of 4‐8‐080.G, Land Use Permit Procedures, of
Chapter 8, Permits – General and Appeals, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as shown on Attachment E. The other subsections in 4‐8‐080.G shall
remain as currently codified.
AGENDA ITEM # 9. e)
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SECTION XXVI. The definition of “Lot Line Adjustment Map” in subsection 4‐8‐
120.D.12, Definitions L, of Chapter 8, Permits – General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
Lot Line Adjustment Map: A drawing of the proposed lot line adjustment
prepared on an eighteen inch by twenty four inch (18" x 24") sheet of mylar by a
licensed land surveyor complying with the City’s surveying standards., including
the following:
a. Name of the proposed lot line adjustment (e.g., Smith/Larsen Lot
Line Adjustment),
b. Space reserved for “City of Renton File Number” (large type) at top
of first sheet,
c. Space reserved for City of Renton “land record number” (small type)
at bottom left of first sheet,
d. Legal description for of each of the existing and proposed lot parcels.
If a metes and bounds description is used, it must be stamped by a licensed
surveyor,
e. Date, graphic scale (one inch equals forty feet (1" = 40'), unless
otherwise approved by the Department), and north arrow,
f. Names, locations, widths, types, and dimensions of adjacent and on‐
site streets, alleys, and easements,
g. Lot lines with all property lines dimensioned and square footage of
each lot,
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h. Parcels identified as Lot 4, Lot 3, etc.,
i. “Old” lot line(s) and “new” lot line(s) clearly labeled and
differentiated by line type and/or thickness (indicated distance(s) moved),
j. Addresses for each lot and new street names in accordance with the
street grid system regulations of chapter 9‐11 RMC,
k. Total square footage of existing and revised lots,
l. Ground floor square footage of all structures,
m. Location, dimensions and square footage of any existing structures
to remain, and dimensioned distances to property lines,
n. Location of existing conditions (such as wetlands, steep slopes,
watercourses) on or adjacent to the site which could hinder development. Include
boundaries of utility, open space, and/or critical area(s) tracts, square footage,
and purpose statement of each tract. Clearly delineate the critical area and buffer
boundaries within the tract and indicate a dimension for buffer width,
o. Reservations, restrictive covenants, easements, description of any
areas to be dedicated to public use with notes stating their purpose, and any
limitations, and identifying the grantee and, if the grantee is the City, a statement
of provisions reserving, granting and/or conveying the area with a description of
the rights and purposes must be shown,
p. Coordinates per pursuant to City surveying standards for permanent
control monuments,
AGENDA ITEM # 9. e)
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q. Location of all interior permanent control monuments per pursuant
to City surveying standards,
r. Statement of equipment and procedure used per pursuant to
WAC 332‐130‐100,
s. Basis of bearing per pursuant to WAC 332‐130‐150(1)(b)(iii),
t. Date the existing monuments were visited per pursuant to WAC 332‐
130‐050(1)(f)(iv),
u. Verification that permanent markers are set at corners of the
proposed lots,
v. Statement of discrepancies, if any, between bearings and distances
of record and those measured or calculated,
w. Surveyor’s testament, stamp and signature,
x. Certification by a State of Washington licensed land surveyor that a
survey has been made and that monuments and stakes have been set,
y. Notarized signatures of all property owners having an interest in the
property, certifying ownership and approval of the proposal, and
z. Signature and date line(s) for the King County Assessor,
aa. Signature and date line(s) for the Community and Economic
Development Administrator.
SECTION XXVII. Subsection 4‐9‐030.D, Decision Criteria, of Chapter 9, Permits –
Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
AGENDA ITEM # 9. e)
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D. DECISION CRITERIA:
Except for wireless communication facilities, the Administrator or the Hearing
Examiner shall consider, as applicable, the following factors for applications:
1. Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the
Comprehensive Plan, the zoning regulations and any other plans, programs, maps
or ordinances of the City of Renton.
2. Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the
immediate area of the proposed use. The proposed location shall be suited for the
proposed use.
3. Effect on Adjacent Properties: The proposed use at the proposed
location shall not result in substantial or undue adverse effects on adjacent
property.
4. Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
5. Parking: Adequate parking is, or will be made, available.
6. Traffic: The use shall ensure safe movement for vehicles and pedestrians
and shall mitigate potential effects on the surrounding area.
7. Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
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8. Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to
buffer adjacent properties from potentially adverse effects of the proposed use.
9. Specific Requirements for Kennels: In addition to the criteria above, the
following criteria shall also be considered for kennel applications:
a. History: Past history of animal control complaints relating to the
applicant’s dogs and cats at the address for which the kennel is located or to be
located. Conditional Use Permits shall not be issued for kennels to applicants who
have previously had such permits revoked or renewal refused, for a period of one
(1) year after the date of revocation or refusal to renew.
b. Standards for Keeping Animals: The applicant or kennel owner must
also comply with the requirements of RMC 4‐4‐010, Animal Keeping and
Beekeeping Standards.
10. Specific Requirements for Secure Community Transition Facilities
(SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service
Facilities (CDIS): In addition to the criteria in subsections RMC 4‐9‐030.D.1
through 4‐9‐030.D.8 of this Section, the following criteria shall be considered for
secure community transition facilities, crisis diversion facilities, and interim
service facilities:
a. Whether alternative locations were reviewed and consideration was
given to sites that are farthest removed from any risk potential activity;
AGENDA ITEM # 9. e)
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b. Whether adequate buffering is provided from abutting and adjacent
uses;
c. Whether adequate security is demonstrated by the applicant;
d. Whether public input was provided during the site selection process;
and
e. For SCTF there is no resulting concentration of residential facility
beds operated by the Department of Corrections or the Mental Health Division of
the Department of Social and Health Services, the number of registered sex
offenders classified as Level II or Level III, and the number of sex offenders
registered as homeless in a particular neighborhood, community, jurisdiction or
region.
11. Specific Requirements for Live‐Work Units: In addition to the criteria
in RMC 4‐9‐030.D.1 through 4‐9‐030.D.8 and the development standards of the
zone where the unit(s) is proposed, the following criteria shall be considered:
a. Each unit shall:
i. Not exceed a maximum of one thousand (1,000) square feet of
nonresidential space for commercial activity;
ii. Include all nonresidential space, to the maximum allowed,
constructed to commercial building standards;
iii. Provide an internal connection between the residential and
nonresidential space within each unit; and
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iv. Provide a street presence and pedestrian‐oriented facade for
the nonresidential space.
b. Only following uses are allowed within the nonresidential space of a
unit:
i. Eating and drinking establishments;
ii. On‐site services; and
iii. Retail sales.
c. Within the Residential‐14 (R‐14) Zone, live‐work units shall only be
allowed along primary, minor, and collector arterials.
d. Within the Commercial Arterial (CA) Zone, live‐work units shall only
be allowed at a distance of one hundred fifty feet (150') or greater from an arterial.
SECTION XXVIII. Subsection 4‐9‐070.H, Critical Areas/Inapplicable Exemptions, of
Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS:
1. Critical Areas Maps: The map(s) in RMC 4‐3‐050.Q identify critical areas.
The maps in RMC 4‐3‐090 identify regulated Shorelines of the State. The specific
environmentally critical areas where SEPA exemptions are not applicable are
identified in subsection RMC 4‐9‐070.H.23 of this Section.
2. Critical Areas Designated: Wetlands, Protected Slopes, Very High
Landslide Hazard Areas, Class 2 to 4 Streams and Lakes, Shorelines of the State
designated as Natural or Conservancy, or Shorelines of the State designated Urban
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if also meeting the requirement of subsection RMC 4‐9‐070.H.3.a or 4‐9‐070.H.3.c
of this Section, and the one hundred (100) year floodway, as mapped and
identified pursuant to subsection RMC 4‐9‐070.H.1 of this Section, or when
present according to the critical area classification criteria of RMC 4‐3‐050, are
designated as environmentally critical areas pursuant to the State Environmental
Policy Act, WAC 197‐11‐908.
3. Inapplicable Exemptions:
a. Certain exemptions do not apply on lands covered by water, and this
remains true regardless of whether or not lands covered by water are mapped.
Unidentified exemptions shall continue to apply within environmentally critical
areas of the City.
b. For each critical area, the exemptions within WAC 197‐11‐800 that
are inapplicable for that area are:
WAC 197‐11‐800(1), except for the construction of one (1) new single
family residence on an existing legal lot, provided the proposed development
complies with RMC 4‐3‐050 and RMC 4‐3‐090. This exemption would not apply to
projects requiring a variance or reasonable use exception from RMC 4‐3‐050 or
RMC 4‐3‐090.
WAC 197‐11‐800(2)(d, e, f, g)
WAC 197‐11‐800(6)(a)
WAC 197‐11‐800(13)(c)
WAC 197‐11‐800(23)(c, e)
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WAC 197‐11‐800(24)(a, b, c, d, f, g)
WAC 197‐11‐800(25)
c. The following SEPA categorical exemptions shall not apply to
wetlands:
WAC 197‐11‐800(1), except for the construction of one (1) new single
family residence on an existing legal lot, provided the proposed development
complies with RMC 4‐3‐050 and RMC 4‐3‐090. This exemption would not apply to
projects requiring a variance or reasonable use exception from RMC 4‐3‐050 or
RMC 4‐3‐090.
WAC 197‐11‐800(2), except for the repair, remodeling, or maintenance
of an existing single family residence, provided the proposed development
complies with RMC 4‐3‐ 050 and RMC 4‐3‐090. This exemption would not apply to
projects requiring a variance or reasonable use exception from RMC 4‐3‐050 or
RMC 4‐3‐090.
WAC 197‐11‐800(3)
WAC 197‐11‐800(4)
WAC 197‐11‐800(6)
WAC 197‐11‐800(8)
WAC 197‐11‐800(25)
4. Proposals Located within Critical Areas: The City shall treat proposals
located wholly or partially within a critical area no differently than other proposals
under this Section, making a threshold determination for all such proposals. The
AGENDA ITEM # 9. e)
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City shall not automatically require an EIS for a proposal merely because it is
proposed for location in a critical area.
SECTION XXIX. Subsection 4‐9‐070.O, Public Notice and Commenting, of Chapter 9,
Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
O. PUBLIC NOTICE AND COMMENTING:
This part contains rules for consulting, commenting, and responding on all
environmental documents under SEPA, including rules for public notice and
hearings. The City adopts the following sections by reference, as supplemented in
this part:
WAC
197‐11‐500 Purpose of this part.
197‐11‐502 Inviting comment.
197‐11‐504 Availability and cost of environmental documents.
197‐11‐508 SEPA register.
197‐11‐535 Public hearings and meetings.
197‐11‐545 Effect of no comment.
197‐11‐550 Specificity of comments.
197‐11‐560 FEIS response to comments.
197‐11‐570 Consulted agency costs to assist lead agency.
1. Threshold Determinations: Whenever the Environmental Review
Committee of the City of Renton issues a DNS under WAC 197‐11‐340(2) or a DS
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
45
under WAC 197‐11‐360(3) the Environmental Review Committee shall give public
notice as follows:
a. If no public notice is required for the permit or approval, the City
shall give notice of the DNS or DS by:
i. Posting on the property, for site‐specific proposals, or posting on
the City’s webpage for non‐site‐specific proposals; and
ii. Publishing notice in a newspaper of general circulation in the
county, city, or general area where the proposal is located.
b. Whenever the Environmental Review Committee issues a DS under
WAC 197‐11‐360(3), the Environmental Review Committee shall state the scoping
procedure for the proposal in the DS as required in WAC 197‐11‐408 and in the
public notice.
2. Public Notice: Whenever the Environmental Review Committee issues a
DEIS under WAC 197‐11‐455(5) or a SEIS under WAC 197‐11‐620, notice of the
availability of those documents shall be given by:
a. Posting on the property, for site‐specific proposals, or posting on the
City’s webpage for non‐site‐specific proposals; and
b. Publishing notice in a newspaper of general circulation in the county,
city, or general area where the proposal is located.
3. Consolidation of Public Notice: Whenever possible, the Environmental
Review Committee shall integrate the public notice required under this Section
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
46
with existing notice procedures for the City’s nonexempt permit(s) or approval(s)
required for the proposal.
4. Responsibility of Cost: The Environmental Review Committee may
require an applicant to complete the public notice requirements for the
applicant’s proposal at his or her expense.
5. Notice: The City, applicant for, or proponent of any action may publish
a notice of action pursuant to RCW 43.21C.080 for any action. The form of the
notice shall be substantially in the form provided in WAC 197‐11‐990. The notice
shall be published by the City Clerk or County Auditor, applicant or proponent
pursuant to RCW 43.21C.080. An applicant’s request for publication shall include
payment of the costs associated with such notice.
6. Record Retention: The City shall retain all documents required by the
SEPA rules (chapter 197‐11 WAC) and make them available in accordance with
chapter 42.17 RCW.
SECTION XXX. Subsection 4‐9‐150.B.3, Code Provisions Restricted from Modification,
of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
3. Code Provisions Restricted from Modification:
a. Permitted Uses: A planned urban development may not authorize
uses that are inconsistent with those uses allowed by the underlying zone, or
overlay district, or other location restriction in RMC Title 4, including, but not
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
47
limited to: RMC 4‐2‐010 to 4‐2‐080, 4‐3‐010 to 4‐3‐040, 4‐3‐090, 4‐3‐095, and 4‐
4‐010.
b. Density/Permitted Number of Dwelling Units: The number of
dwelling units shall not exceed the density allowances of the applicable base or
overlay zone or bonus criteria in chapter 4‐2 or 4‐9 RMC; however, averaging
density across a site with multiple zoning classifications may be allowed if
approved by the Community and Economic Development Administrator;
c. Planned Urban Development Regulations: The City may not modify
any of the provisions of this Section, Planned Urban Development Regulations,
unless explicitly permitted as specified below;
d. Procedures: The City may not modify any of the procedural
provisions of RMC Title 4, including, but not limited to, fees, submittal
requirements, and other similar provisions found in chapters 4‐1, 4‐7, 4‐8 and 4‐9
RMC; and
e. Specific Limitations: The City may not modify any provision of RMC
4‐3‐050, Critical Areas Regulations, 4‐3‐090, Shoreline Master Program
Regulations, 4‐4‐130, Tree Cutting and Land Clearing, 4‐4‐060, Grading, Excavation
and Mining Regulations, chapter 4‐5 RMC, or RMC 4‐6‐010 to 4‐6‐050 and 4‐6‐070
through 4‐6‐110 related to utilities and concurrency, except that provisions may
be altered for these codes by alternates, modification, conditional use, or variance
as specifically allowed in the referenced Chapter or Section. Such alternates,
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
48
modification, conditional use, or variance applications may be merged with the
consideration of a planned urban development per RMC 4‐9‐150.H.
SECTION XXXI. Subsection 4‐9‐150.E.2, Private Open Space, of Chapter 9, Permits –
Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
2. Private Open Space: Each residential unit in a planned urban
development shall have usable private open space (in addition to parking, storage
space, lobbies, and corridors) for the exclusive use of the occupants of that unit.
Each ground floor unit, whether attached or detached, shall have private open
space contiguous to the unit. The private open space shall be well demarcated and
at least fifteen feet (15') in every dimension (decks on upper floors can substitute
for the required private open space). For dwelling units that are exclusively upper
story units, there shall be deck areas totaling at least sixty (60) square feet in size
with no dimension less than five feet (5'). For dwelling units located above the
sixth story, private open space may be provided by a shallow balcony accessed by
a door with at least fifty percent (50%) glazing; any required private open space
not provided by the balcony shall be added to the required common open space,
pursuant to subsection RMC 4‐9‐150.E.1 of this Section. The minimum
dimensional standards of this Section may be modified through the planned urban
development review process, provided that the minimum area requirement is
maintained.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
49
SECTION XXXII. Subsection 4‐9‐150.E.3, Installation and Maintenance of Common
Open Space, of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
3. Installation and Maintenance of Common Open Space:
a. Installation: All common area and open space shall be landscaped in
accordance with the landscaping plan submitted by the applicant and approved
by the City; provided, that common open space containing natural features
worthy of preservation may be left unimproved. Prior to the issuance of any
occupancy permit, the developer shall furnish a security device to the City in an
amount equal to the provisions of RMC 4‐9‐060. Landscaping shall be planted
within one (1) year of the date of final approval of the planned urban
development, and maintained for a period of two (2) five (5) years thereafter prior
to the release of the security device. A security device for providing maintenance
of landscaping may be waived if a landscaping maintenance contract with a
reputable landscaping firm licensed to do business in the City of Renton is
executed and kept active for a two (2) year period. A copy of such contract shall
be kept on file with the Development Services Division.
b. Maintenance: Landscaping shall be maintained pursuant to
requirements of RMC 4‐4‐070.
SECTION XXXIII. Subsection 4‐9‐200.C.2, Development Exempt from Site Plan Review,
of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
50
2. Development Exempt from Site Plan Review: The following are exempt
from the site plan review:
a. Planned urban developments;
b. SEPA Exempt Development: All development categorically exempt
from review under RMC 4‐9‐070.G, Categorical Exemptions, as it exists or may be
amended, with the exception of development in the Residential Ten Dwelling
Units per Acre (R‐10) and Residential Fourteen Dwelling Units per Acre (R‐14)
zones where existing dwelling units are included in a development proposal for
new dwelling units, whether created by subdivision or other means; or
c. Utilities: Underground utility projects;.
d. Airplane Manufacturing and Airplane Manufacturing Accessory
Functions: The rehabilitation of existing structures and new structures, except
when the new structure abuts a public rights of way or public park; and
e. Interior tenant improvements.
SECTION XXXIV. Subsection 4‐9‐240.D, Temporary Use Permits are Required for Other
Temporary Uses or Structures, of Chapter 9, Permits – Specific, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
D. TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES
OR STRUCTURES:
The following uses or structures are separated into Tier I, Tier II, and Tier III
temporary use categories. Those in the Tier I category are processed as Type I land
use applications, those in the Tier II category are processed as Type II applications,
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
51
and those in the Tier III category are processed as Type III applications. Projects
subject to SEPA are processed differently.
1. Tier I: Examples of temporary uses in this category include activities
allowed by the base zone, mobile food vendors located in the IL, IM, IH, CA, CV
and CD zones, vehicle sales events held on property not currently used as an auto
dealership and within the Automall Area and/or Employment Area, Christmas tree
lots, sales events not determined to be exempt per subsectionpursuant to RMC 4‐
9‐240.C.3 of this Section, and a temporary manufactured home for medical
hardship, and model homes (equaling the lesser of five (5) homes or twenty
percent (20%) of the total lots, when located within the subdivision or residential
development to which they pertain). The Administrator may authorize additional
temporary uses not listed in this subsection when it is found that the proposed
uses are in keeping with the intent and purposes of this Section.
2. Tier II: Examples of temporary uses in this category include activities
limited or prohibited by the base zone, mobile food vendors not located in the IL,
IM, IH, CA, CV and CD zones, and storage trailers. Other uses in this category
include circuses, carnivals, fairs, or similar transient amusement or recreational
activities. Also included are model homes, equaling the lesser of five (5) homes or
twenty percent (20%) of the total lots, when located within the subdivision or
residential development to which they pertain. The Administrator may authorize
additional temporary uses not listed in this subsection when it is found that the
proposed uses are in keeping with the intent and purposes of this Section.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
52
3. Tier III: Temporary homeless encampments is the use in this category,
and shall have an application fee of one hundred dollars ($100.00).
SECTION XXXV. Section 4‐11‐010, Definitions A, of Chapter 11, Definitions, of Title
IV (Development Regulations) of the Renton Municipal Code, is amended to add a definition of
“Attic,” in alphabetical order, to read as follows:
ATTIC: A finished or unfinished area, not considered a story, located between the
upper surface of the topmost floor and the ceiling or roof above, and having a
floor‐to‐ceiling height of seven feet (7') or greater for an area that constitutes no
more than fifty percent (50%) of the building footprint.
SECTION XXXVI. The definition of “Building Height” in section 4‐11‐020, Definitions B,
of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
BUILDING HEIGHT: The measurement of building height depends on the
applicable zone, as follows:
1. Within the RC, R‐1, R‐4, R‐6, R‐8, R‐10, R‐14, and RMF Zones: The
vertical distance from grade plane to the highest wall plate combined with the
height of any portion of the structure that extends above the wall plate (e.g., roof,
deck, etc.), excluding chimneys, ventilation stacks, and similar elements as
determined by the Administrator.
2. All Other Zones: The vertical distance from grade plane to the average
height of the highest roof surface.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
53
SECTION XXXVII. The definition of “Retail Sales, Outdoor” in section 4‐11‐180,
Definitions R, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
RETAIL SALES, OUTDOOR: The display and sale of products and services primarily
outside of a building or structure, including but not limited to garden supplies,
tires and motor oil, farmers markets, manufactured homes, burial monuments,
building and landscape materials, and lumber yards, vending machines, and retail
product lockers. This definition excludes adult retail uses, or vehicle sales.
SECTION XXXVIII. The definition of “Story” in section 4‐11‐190, Definitions S, of Chapter
11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
STORY: That portion of a building included between the upper surface of any floor
and the upper surface of the floor above, except that the topmost story shall be
that portion of a building included between the upper surface of the topmost floor
and the ceiling or roof above, unless such area meets the definition of an attic. If
the finished floor level directly above a usable or unused under‐floor space is more
than six feet (6') above grade for more than fifty percent (50%) of the total
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
54
perimeter or is more than twelve feet (12') above grade at any point, such usable
or unused under‐floor space shall be considered as a story.
SECTION XXXIX. The definition of “Tract” in section 4‐11‐200, Definitions T, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
TRACT: An area of land that meets one of the following circumstances (wherever
in this Title a tract is required to be created, if an applicant is not pursuing a
subdivision then an easement shall be interpreted to suffice for a tract):
1. A physically separate and distinct property created pursuant to the
provisions of this title, or pursuant to any previous laws governing the subdivision,
short subdivision, or segregation of land created expressly to provide a common
benefit or public purpose, including but not limited to land provided for: storm
water management, critical areas protection, utilities, recreation, or open space.
Such tracts shall be unbuildable, except for the structures and infrastructure
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
55
necessary to fulfill the common benefit or public purpose for which the tract was
created; or
2. A physically separate and distinct property that was not created
pursuant to the provisions of this title, nor pursuant to any previous laws
governing the subdivision, short subdivision, or segregation of land. Such tracts
shall be unbuildable unless converted into a lot pursuant to the provisions of this
title.
SECTION XL. The definition of “Yard Requirement” in section 4‐11‐250, Definitions Y, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
YARD REQUIREMENT: An open space on a lot unoccupied by structures, unless
specifically authorized otherwise. The Planning Division shall determine the
various requirements for uniquely shaped lots and pipestem lots. (See also
SETBACK.)
A. Front Yard: The yard requirement which that separates the structure(s)
from public right‐of‐way, private access easement, or shared driveway. For
through lots, corner lots, and lots without street frontage, the front yard will be
determined by the Planning Division Director.
B. Side Secondary Front Yard along a Street: The yard requirement for corner
lots and through‐lots that is neither a serves as a second front yard nor a rear yard,
yet it abuttings a street right‐of‐way, or private street, or shared driveway.
AGENDA ITEM # 9. e)
ORDINANCE NO. ________
56
C. Rear Yard: The yard requirement opposite the front yard. Where a lot abuts
an alley, the rear yard shall always be the yard abutting the alley. For irregularly
shaped lots, the rear yard shall be measured from an imaginary line at least fifteen
feet (15') in length located entirely within the lot and farthest removed and
parallel to the front lot line or its tangent.
D. Side Yard: The yard requirement which is not a front yard, a side secondary
front yard along a street, or a rear yard.
SECTION XLI. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1961:5/31/17:scr
AGENDA ITEM # 9. e)
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.
5 ft
.
De
t
a
c
h
e
d
Un
i
t
s
:
4 ft
.
At
t
a
c
h
e
d
Un
i
t
s
:
4 ft
.
fo
r
un
a
t
t
a
c
h
e
d
si
d
e
(
s
)
,
0 ft
.
fo
r
th
e
at
t
a
c
h
e
d
si
d
e
(
s
)
.
23
De
t
a
c
h
e
d
Un
i
t
s
:
4 ft.
At
t
a
c
h
e
d
Units:
4 ft
.
fo
r
un
a
t
t
a
c
h
e
d
si
d
e
(
s
)
,
0 ft. for
th
e
at
t
a
c
h
e
d
si
d
e
(
s
)
.
23
Attached Units: 5 ft. for unattached side(s), 0 ft. for the attached side(s).13
Mi
n
i
m
u
m
Si
d
e
Se
c
o
n
d
a
r
y
Fr
o
n
t
Ya
r
d
4,
5,
31
(a
l
o
n
g
a
St
r
e
e
t
)
(a
p
p
l
i
e
s
to
co
r
n
e
r
lo
t
s
)
30
ft
.
30
ft
.
30
ft
.
10
,
32
,
33
25
ft
.
15
ft
.
11
15
ft
.
11
15
ft
.
11
Townhouse Development: 10 ft.11 Other Attached Dwellings: 20 ft.
Ma
x
i
m
u
m
Bu
i
l
d
i
n
g
Co
v
e
r
a
g
e
(i
n
c
l
u
d
i
n
g
Pr
i
m
a
r
y
an
d
Ac
c
e
s
s
o
r
y
)
10
%
20
%
35
%
40
%
50
%
55
%
65
%
Townhouse Development: 70% Other Attached Dwellings: 35% A maximum coverage of 45% may be allowed through the Hearing Examiner site development AGENDA ITEM # 9. e)
OR
D
I
N
A
N
C
E
NO
.
__
_
_
_
_
_
_
AT
T
A
C
H
M
E
N
T
A ‐
60
RC
R ‐1 32
R ‐4 10
,
3
2
R ‐6
R ‐8
R ‐10
R ‐14
RMF plan review process.
Ma
x
i
m
u
m
Im
p
e
r
v
i
o
u
s
Su
r
f
a
c
e
Ar
e
a
15
%
25
%
50
%
55
%
65
%
70
%
80
%
75%
Ma
x
i
m
u
m
Nu
m
b
e
r
of
St
o
r
i
e
s
3
2
3
Ma
x
i
m
u
m
Wa
l
l
Pl
a
t
e
He
i
g
h
t
8,
9,
12
,
18
,
19
32
ft
.
24
ft
.
24
ft
.
,
in
c
r
e
a
s
e
up
to
32
ft.
po
s
s
i
b
l
e
subject
to
ad
m
i
n
i
s
t
r
a
t
i
v
e
co
n
d
i
t
i
o
n
a
l
use
pe
r
m
i
t
ap
p
r
o
v
a
l
32 ft.20
Ma
x
i
m
u
m
Nu
m
b
e
r
of
Un
i
t
s
pe
r
Bu
i
l
d
i
n
g
n/
a
No
mo
r
e
th
a
n
4 un
i
t
s
pe
r
bu
i
l
d
i
n
g
.
No
mo
r
e
than 6
un
i
t
s
pe
r
bu
i
l
d
i
n
g
.
n/a
Mi
n
i
m
u
m
Tr
e
e
De
n
s
i
t
y
2 si
g
n
i
f
i
c
a
n
t
tr
e
e
s
pe
r
5,
0
0
0
sq
.
ft
.
Se
e
RM
C
4 ‐4 ‐13
0
.
At
t
a
c
h
e
d
un
i
t
s
:
4 si
g
n
i
f
i
c
a
n
t
tr
e
e
s
pe
r
5,
0
0
0
sq
.
ft
.
Se
e
RM
C
4 ‐4 ‐13
0
.
n/a
Mi
n
i
m
u
m
Fr
e
e
w
a
y
Fr
o
n
t
a
g
e
Se
t
b
a
c
k
10
ft
.
la
n
d
s
c
a
p
e
d
se
t
b
a
c
k
fr
o
m
th
e
st
r
e
e
t
pr
o
p
e
r
t
y
li
n
e
.
Ma
x
i
m
u
m
Wi
r
e
l
e
s
s
Co
m
m
u
n
i
c
a
t
i
o
n
Fa
c
i
l
i
t
i
e
s
He
i
g
h
t
(i
n
c
l
u
d
i
n
g
Se
e
RM
C
4 ‐4 ‐14
0
,
Wi
r
e
l
e
s
s
Co
m
m
u
n
i
c
a
t
i
o
n
Fa
c
i
l
i
t
i
e
s
.
Am
a
t
e
u
r
ra
d
i
o
an
t
e
n
n
a
s
ar
e
al
l
o
w
e
d
a maximum height of
6 fe
e
t
wi
t
h
o
u
t
a Co
n
d
i
t
i
o
n
a
l
Us
e
Pe
r
m
i
t
.
La
r
g
e
r
st
r
u
c
t
u
r
e
s
wi
l
l
ha
v
e
a ma
x
i
m
u
m
he
i
g
h
t
determined by the
Co
n
d
i
t
i
o
n
a
l
Us
e
Pe
r
m
i
t
pr
o
c
e
s
s
,
RM
C
4 ‐9 ‐03
0
,
Co
n
d
i
t
i
o
n
a
l
Us
e
Pe
r
m
i
t
s
.
AGENDA ITEM # 9. e)
OR
D
I
N
A
N
C
E
NO
.
__
_
_
_
_
_
_
AT
T
A
C
H
M
E
N
T
A ‐
61
RC
R ‐1 32
R ‐4 10
,
3
2
R ‐6
R ‐8
R ‐10
R ‐14
RMF
Am
a
t
e
u
r
Ra
d
i
o
An
t
e
n
n
a
s
)
De
s
i
g
n
St
a
n
d
a
r
d
s
Se
e
RM
C
4 ‐2 ‐11
5
,
Re
s
i
d
e
n
t
i
a
l
De
s
i
g
n
an
d
Op
e
n
Sp
a
c
e
St
a
n
d
a
r
d
s
.
La
n
d
s
c
a
p
i
n
g
Se
e
RM
C
4 ‐4 ‐07
0
,
La
n
d
s
c
a
p
i
n
g
.
Ex
t
e
r
i
o
r
Li
g
h
t
i
n
g
Se
e
RM
C
4 ‐4 ‐07
5
,
Li
g
h
t
i
n
g
,
Ex
t
e
r
i
o
r
On
‐Si
t
e
.
Sc
r
e
e
n
i
n
g
Se
e
RM
C
4 ‐4 ‐09
5
,
Sc
r
e
e
n
i
n
g
an
d
St
o
r
a
g
e
He
i
g
h
t
/
L
o
c
a
t
i
o
n
Li
m
i
t
a
t
i
o
n
s
.
Ex
c
e
p
t
i
o
n
fo
r
Pr
e
‐
Ex
i
s
t
i
n
g
Le
g
a
l
Lo
t
s
Se
e
RM
C
4 ‐10
‐01
0
,
No
n
c
o
n
f
o
r
m
i
n
g
Lo
t
s
.
AGENDA ITEM # 9. e)
OR
D
I
N
A
N
C
E
NO
.
__
_
_
_
_
_
_
AT
T
A
C
H
M
E
N
T
B ‐
62
AT
T
A
C
H
M
E
N
T
B
4 ‐2 ‐11
0
.
C
DE
V
E
L
O
P
M
E
N
T
ST
A
N
D
A
R
D
S
FO
R
RE
S
I
D
E
N
T
I
A
L
MA
N
U
F
A
C
T
U
R
E
D
HO
M
E
PA
R
K
ZO
N
I
N
G
DE
S
I
G
N
A
T
I
O
N
NE
W
PA
R
K
De
v
e
l
o
p
m
e
n
t
or
Re
d
e
v
e
l
o
p
m
e
n
t
IN
D
I
V
I
D
U
A
L
MA
N
U
F
A
C
T
U
R
E
D
HO
M
E
SP
A
C
E
S
Pr
i
m
a
r
y
an
d
At
t
a
c
h
e
d
Ac
c
e
s
s
o
r
y
St
r
u
c
t
u
r
e
s
DE
T
A
C
H
E
D
ACCESSORY STRUCTURES 5
SE
T
B
A
C
K
S
4
Mi
n
i
m
u
m
Si
d
e
Se
c
o
n
d
a
r
y
Fr
o
n
t
Ya
r
d
Al
o
n
g
a St
r
e
e
t
NA
10
ft
.
10
ft
.
AGENDA ITEM # 9. e)
OR
D
I
N
A
N
C
E
NO
.
__
_
_
_
_
_
_
AT
T
A
C
H
M
E
N
T
C ‐
63
AT
T
A
C
H
M
E
N
T
C
4 ‐2 ‐12
0
.
A
DE
V
E
L
O
P
M
E
N
T
ST
A
N
D
A
R
D
S
FO
R
CO
M
M
E
R
C
I
A
L
ZO
N
I
N
G
DE
S
I
G
N
A
T
I
O
N
S
(C
N
,
CV
,
CA
,
& UC
)
CN
CV
CA UC
SE
T
B
A
C
K
S
Mi
n
i
m
u
m
Fr
o
n
t
Ya
r
d
14
,
1
8
15
ft
.
Th
e
mi
n
i
m
u
m
se
t
b
a
c
k
ma
y
be
re
d
u
c
e
d
to
0 ft
.
th
r
o
u
g
h
th
e
si
t
e
pl
a
n
re
v
i
e
w
pr
o
c
e
s
s
,
pr
o
v
i
d
e
d
bl
a
n
k
wa
l
l
s
ar
e
no
t
lo
c
a
t
e
d
wi
t
h
i
n
th
e
re
d
u
c
e
d
se
t
b
a
c
k
.
Determined through site plan review 4,5,8
Ma
x
i
m
u
m
Fr
o
n
t
Ya
r
d
18
20
ft
.
15
Determined through site plan review 4,5,8
Mi
n
i
m
u
m
Si
d
e
Se
c
o
n
d
a
r
y
Fr
o
n
t
Ya
r
d
Al
o
n
g
a St
r
e
e
t
14
,
1
8
15
ft
.
Th
e
mi
n
i
m
u
m
se
t
b
a
c
k
ma
y
be
re
d
u
c
e
d
to
0 ft
.
th
r
o
u
g
h
th
e
si
t
e
pl
a
n
re
v
i
e
w
pr
o
c
e
s
s
,
pr
o
v
i
d
e
d
bl
a
n
k
wa
l
l
s
ar
e
no
t
lo
c
a
t
e
d
wi
t
h
i
n
th
e
re
d
u
c
e
d
se
t
b
a
c
k
.
Determined through site plan review 4,5,8
Ma
x
i
m
u
m
Si
d
e
Se
c
o
n
d
a
r
y
Fr
o
n
t
Ya
r
d
Al
o
n
g
a St
r
e
e
t
18
20
ft
.
Determined through site plan review 4,5,8
Mi
n
i
m
u
m
Fr
e
e
w
a
y
Fr
o
n
t
a
g
e
Se
t
b
a
c
k
10
ft
.
la
n
d
s
c
a
p
e
d
se
t
b
a
c
k
fr
o
m
th
e
pr
o
p
e
r
t
y
li
n
e
.
n/a
Mi
n
i
m
u
m
Re
a
r
Ya
r
d
18
No
n
e
,
ex
c
e
p
t
15
ft
.
if
lo
t
ab
u
t
s
a lo
t
zo
n
e
d
re
s
i
d
e
n
t
i
a
l
.
Determined through site plan review 4,5,8
Mi
n
i
m
u
m
Si
d
e
Ya
r
d
18
No
n
e
,
ex
c
e
p
t
15
ft
.
if
lo
t
ab
u
t
s
or
is
ad
j
a
c
e
n
t
to
a lo
t
zo
n
e
d
re
s
i
d
e
n
t
i
a
l
.
Determined through site plan review 4,5,8
Cl
e
a
r
Vi
s
i
o
n
Ar
e
a
In
no
ca
s
e
sh
a
l
l
a st
r
u
c
t
u
r
e
ov
e
r
42
in
.
in
he
i
g
h
t
in
t
r
u
d
e
in
t
o
th
e
20
ft
.
cl
e
a
r
vision area defined in
RM
C
4 ‐11
‐03
0
.
AGENDA ITEM # 9. e)
OR
D
I
N
A
N
C
E
NO
.
__
_
_
_
_
_
_
AT
T
A
C
H
M
E
N
T
D ‐
64
AT
T
A
C
H
M
E
N
T
D
4 ‐2 ‐12
0
.
B
DE
V
E
L
O
P
M
E
N
T
ST
A
N
D
A
R
D
S
FO
R
CO
M
M
E
R
C
I
A
L
ZO
N
I
N
G
DE
S
I
G
N
A
T
I
O
N
S
(C
D
,
CO
,
& CO
R
)
CD
CO
COR
SE
T
B
A
C
K
S
Mi
n
i
m
u
m
Fr
o
n
t
Ya
r
d
14
,
1
8
No
n
e
Re
s
i
d
e
n
t
i
a
l
Mi
x
e
d
Us
e
Bu
i
l
d
i
n
g
s
:
0 ft
.
Bu
i
l
d
i
n
g
s
le
s
s
th
a
n
25
ft
.
in
he
i
g
h
t
:
15
ft
.
19
Bu
i
l
d
i
n
g
s
25
ft
.
to
80
ft
.
in
he
i
g
h
t
:
20
ft
.
13
,
1
9
Bu
i
l
d
i
n
g
s
ov
e
r
80
ft
.
in
he
i
g
h
t
:
30
ft
.
13
,
1
9
Determined through site plan review.
Ma
x
i
m
u
m
Fr
o
n
t
Ya
r
d
18
15
ft
.
– fo
r
bu
i
l
d
i
n
g
s
25
ft
.
or
le
s
s
in
he
i
g
h
t
.
No
n
e
– fo
r
th
a
t
po
r
t
i
o
n
of
a
bu
i
l
d
i
n
g
ov
e
r
25
ft
.
in
he
i
g
h
t
.
Re
s
i
d
e
n
t
i
a
l
Mi
x
e
d
Us
e
Bu
i
l
d
i
n
g
s
:
15
ft
.
Al
l
Ot
h
e
r
Bu
i
l
d
i
n
g
s
:
No
n
e
Determined through site plan review.
Mi
n
i
m
u
m
Si
d
e
Se
c
o
n
d
a
r
y
Fr
o
n
t
Ya
r
d
Al
o
n
g
A St
r
e
e
t
14
,
1
8
No
n
e
0 ft
.
19
fo
r
Re
s
i
d
e
n
t
i
a
l
Mi
x
e
d
us
e
Bu
i
l
d
i
n
g
s
15
ft
.
19
– fo
r
bu
i
l
d
i
n
g
s
le
s
s
th
a
n
25
ft
.
in
he
i
g
h
t
.
20
ft
.
13
,
1
9
– fo
r
bu
i
l
d
i
n
g
s
25
ft
.
to
80
ft
.
in
he
i
g
h
t
.
30
ft
.
13
,
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9
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i
l
d
i
n
g
s
ov
e
r
80
ft
.
in
he
i
g
h
t
.
Determined through site plan review.
Ma
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m
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d
a
r
y
Fr
o
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t
18
15
ft
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g
s
25
ft
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or
le
s
s
in
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.
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th
a
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po
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.
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s
:
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ft
.
15
Al
l
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r
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d
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g
s
:
No
n
e
Determined through site plan review. AGENDA ITEM # 9. e)
OR
D
I
N
A
N
C
E
NO
.
__
_
_
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s
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t
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l
.
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18
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e
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a
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t
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a re
s
i
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a
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zo
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.
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Cl
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a
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Vi
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a
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.
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height intrude into the
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cl
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a
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vi
s
i
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a
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f
i
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in
RM
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4 ‐11 ‐030.
AGENDA ITEM # 9. e)
OR
D
I
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A
N
C
E
NO
.
__
_
_
_
_
_
_
AT
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SC AGENDA ITEM # 9. e)
OR
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__
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AGENDA ITEM # 9. e)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4‐2‐020 AND 4‐2‐110 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON
MUNICIPAL CODE, AMENDING THE CLUSTER DEVELOPMENT REGULATIONS.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on May 3, 2017, considered all
relevant matters, and heard all parties appearing in support or in opposition, and subsequently
forwarded a recommendation to the City Council; and
WHEREAS, pursuant to RCW 36.70A.106, on May 12, 2017, the City notified the State of
Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐2‐020.D, Residential‐4 (R‐4), of Chapter 2, Zoning Districts –
Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
D. RESIDENTIAL‐4 (R‐4):
The Residential‐4 Zone (R‐4) is established to promote urban single family
residential neighborhoods serviceable by urban utilities and containing open
space amenities. It is intended to implement the Residential Low Density
Comprehensive Plan designation. The Residential‐4 (R‐4) allows a maximum
density of four (4) dwelling units per net acre. The R‐4 designation serves as a
AGENDA ITEM # 9. f)
ORDINANCE NO. ________
2
transition between rural designation zones and higher density residential zones.
It is intended as an intermediate lower density residential zone. Larger lot
subdivisions are preferred; however, “cluster development” is allowed on sites
where open space amenities are created. Resulting development is intended to
be superior in design and siting than that which would normally occur otherwise.
SECTION II. Subsection 4‐2‐110.D.10 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
10. Reserved. Cluster development, with a maximum of fifty (50) lots,
shall be allowed within the R‐4 zone when at least thirty percent (30%) of the site
is permanently set aside as “open space,” as defined in RMC 4‐11‐150. Such open
space shall be situated to act as a visual buffer between lot clusters and other
development in the zone. The percentage of required open space may be reduced
to twenty percent (20%) of the site when:
a. Public access is provided to open space; and
b. If soft surface trails are provided within critical areas or critical
area buffers pursuant to RMC 4‐3‐050; and
c. All portions of a site that are not dedicated to platted single family
lots, a dedicated right‐of‐way, or utility improvements shall be set in a separate
tract and/or tracts to preserve existing viable stands of trees or other native
vegetation. The tract may also be used as a receiving area for tree replacement
requirements in accordance with RMC 4‐4‐130H. Such tracts shall be shown and
AGENDA ITEM # 9. f)
ORDINANCE NO. ________
3
recorded on the face of the plat to be preserved in perpetuity. Such tracts may be
included in contiguous open space for the purposes of qualifying
for cluster development. Where trees are removed, they shall be replaced in
accordance with RMC 4‐4‐130H.
SECTION III. Subsection 4‐2‐110.D.32 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
32. Reserved. When cluster development is allowed, specified
development standards are allowed to be reduced, as indicated below:
a. R‐1 Zone: Ten thousand (10,000) square feet minimum lot size.
Minimum lot width and minimum lot depth shall apply the standards of the R‐4
zone.
b. R‐4 Zone: Minimum lot size, minimum lot width, minimum lot
depth, minimum front yard, minimum side yard, minimum side yard along a
street, and impervious surface area shall apply the standards of the R‐6 zone.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
AGENDA ITEM # 9. f)
ORDINANCE NO. ________
4
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1963:5/25/17:scr
AGENDA ITEM # 9. f)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
6-27-3 AND 6-27-5 OF THE RENTON MUNICIPAL CODE, BY ADDING DEFINITIONS
OF “CART PATROL AND RETRIEVAL COMPANY” AND “SECURITY MEASURES,”
CLARIFYING SHOPPING CART REGULATIONS, ALLOWING THE ADMINISTRATOR
TO WAIVE FINES UNDER CERTAIN CONDITIONS, PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Section 6-27-3 of the Renton Municipal Code is amended as follows:
6-27-3 DEFINITIONS:
Except as otherwise expressly set forth herein, the following words and terms as
used in this Chapter shall have the following meanings:
A. Administrator: The Administrator of the Community and Economic
Development Department.
B. Authorized Agent: The owner, or an employee or authorized agent of the
owner, entitled to possession of the shopping cart.
C. Authorized Customer: A customer of the owner of the shopping cart,
having the written permission of the owner or owner’s agent to remove the
shopping cart from the owner’s premises.
D. Cart Patrol and Retrieval Company: A contracted agent who recovers
shopping carts on behalf of retail establishments within a one half (1/2) mile
radius of the contracting retail establishment(s) no fewer than two (2) times per
week.
AGENDA ITEM # 9. g)
ORDINANCE NO. ________
2
ED. Enforcement Personnel: Any police officer, code enforcement inspector,
or designated staff employed by the City of Renton.
FE. ‘Identification Sign’ or ‘Cart Sign’: A clearly visible sign fastened to each
cart that provides ownership information, as required by this Chapter, which is
required to be affixed to each shopping cart .
GF. Impounded Cart: Any shopping cart collected by authorized City
personnel, regardless of whether or not the shopping cart is being transported to
or is stored within City facilities.
HG. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is
either:
1. Removed from the premises of a retail establishment by any person
without the written permission or consent of the owner of the shopping cart or
the retailer otherwise entitled to possession of such cart; or
2. Left unattended, discarded or abandoned upon any public or private
property other than the premises of the retail establishment from which the
shopping cart was removed, regardless of whether such shopping cart was
removed from the premises with permission of the owner;
3. For purposes of this Chapter, any shopping cart located on any public
or private property other than the premises of the retail establishment from which
such shopping cart was removed shall be presumed lost, stolen, or abandoned,
even if in the possession of any person, unless such person in possession thereof
is either:
AGENDA ITEM # 9. g)
ORDINANCE NO. ________
3
a. The owner, or an employee or authorized agent of the owner,
entitled to possession of said shopping cart; or
b. An officer, employee or agent of a cart retrieval service hired by
the owner to retrieve such carts; or
c. City enforcement personnel retrieving, storing or disposing of said
cart pursuant to the provisions of this code;
d. A customer with written permission from the owner or agent of
the owner to take the cart off premises.
IH. Owner: Any person or entity, in connection with the conduct of a
business, that owns, leases, possesses, or makes more than ten (10) shopping
carts available to customers or the public in connection with the conduct of a
business.
JI. Parking Area: A parking lot or other property provided by a retail
establishment for the use of customers of said retail establishment for the parking
of customer vehicles. The parking area of a retail establishment located in a multi-
store complex or a shopping center shall include the entire parking area used by
the multi-store complex or shopping center.
KJ. Premises: Any building, property, or other area upon which any retail
establishment business is conducted or operated in the City of Renton, including
the parking area provided for customers in such retail establishment.
LK. Retail Establishment: Any business located in the City of Renton which
offers or provides shopping carts for the use of the customers of such business
AGENDA ITEM # 9. g)
ORDINANCE NO. ________
4
regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the
general public, is a private club or business, or is a membership store.
M. Security Measures: Physical impediments or methods to prevent
removal of shopping carts from the premises of the retail establishment including,
but not limited to:
1. Electronically-activated self-braking wheels;
2. Poles mounted to shopping carts, which prevent their removal from
the interior of the retail establishment
3. Utilization of a cart patrol and retrieval company;
4. Dedicated security personnel; and
5. Other measures deemed appropriate and effective by the
Administrator.
NL. ‘Shopping Cart’ or ‘Cart’: A basket which is mounted on wheels or a similar
device generally used in a retail establishment by a customer for the purpose of
transporting goods of any kind.
SECTION II. Section 6-27-5 of the Renton Municipal Code is amended as follows:
6-27-5 IMPOUNDMENT AND FINES:
A. Impoundment of Shopping Carts: The City may immediately impound any
lost, stolen or abandoned shopping cart within the City, or any cart within the City
to which the required Identification Sign is not affixed.
AGENDA ITEM # 9. g)
ORDINANCE NO. ________
5
B. Impounded Carts: Owners identified on Cart Signs will be informed that
they have fourteen (14) days in which to retrieve the cart(s) from the City.
C. Notification of Impounded Cart: The City shall utilize the required Cart
Sign to notify the owner of each impounded cart; absence of the required Cart
Sign shall relieve the City from this responsibility.
D. Fines: The City shall issue a one hundred dollar ($100) fine to the owner
of each lost, stolen, or abandoned cart impounded by the City, unless the fine is
eligible for deferral. Each cart impounded by the City shall constitute a separate
violation.
E. Fine Deferrals: Within any calendar month the Administrator shall defer
fines for the first three (3) impounded carts owned by any business that, prior to
the impoundment, has implemented the following criteria. If four (4) or more
shopping carts under common ownership are impounded within a calendar month
no fines shall be deferred by the Administrator.
1. Affixed the required identification sign to each impounded cart; and
2. Implemented security measures, as defined in this Chapter, to prevent
removal of shopping carts from the business’ property.
E. Retrieval Fee: The City shall issue a retrieval fee of twenty-five dollars ($25)
to the owner of each lost, stolen, or abandoned cart impounded by the City and
retrieved, collected, or reclaimed by the owner. If the owner of the cart retrieves
the cart within fourteen (14) days, the owner shall be exempt from this fee.
AGENDA ITEM # 9. g)
ORDINANCE NO. ________
6
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1965:5/31/17:scr
AGENDA ITEM # 9. g)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A
PORTION OF RIGHT‐OF‐WAY ON SW LANGSTON ROAD, LOCATED NEAR THE
INTERSECTION OF SW LANGSTON ROAD AND STEVENS AVENUE SW.
(LANGSTON 14, LLC; VAC‐16‐002.)
WHEREAS, a proper petition for vacating a portion of right‐of‐way as hereinafter more
particularly described was filed with the City Clerk on December 6, 2016, and that petition was
signed by the owners representing more than two‐thirds (2/3) of the property abutting upon
the street or alley to be vacated; and
WHEREAS, the City Council, by Resolution No. 4303, passed on January 23, 2017, set
February 13, 2017, at 7:00 p.m., in the City Council Chambers of the City of Renton as the time
and place for a public hearing on this matter; and the City Clerk gave proper notice of this
public hearing as provided by law, and all persons were heard who appeared to testify in favor
or in opposition on this matter, and the City Council considered all information and arguments
presented to it to determine whether the vacation is in the public interest, whether the
property is not required for overall circulation of traffic within the City, and that the requested
vacation is not detrimental to the public health, safety and general welfare; and
WHEREAS, the Administrator of the Department of Community and Economic
Development has considered this petition for vacation, and has found it to be in the public
interest and for the public benefit, and that it is unlikely that injury or damage to any person
or properties will result from this vacation; and
AGENDA ITEM # 9. h)
ORDINANCE NO. ________
2
WHEREAS, on June 5, 2017, the City Council determined that the vacation should be
granted and adopted the recommendation of the Department of Community and Economic
Development to waive compensation for the right‐of‐way vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The following described portion of SW Langston Road located near the
intersection of LW Langston Road and Stevens Avenue SW, to wit:
(A portion of SW Langston Road, located near the intersection of LW Langston
Road and Stevens Avenue SW.)
See Exhibit A, and depicted in Exhibit B, attached hereto and made a part
hereof as if fully set forth herein, is hereby vacated.
SECTION II. Compensation is hereby waived for this right‐of‐way vacation.
SECTION III. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
A certified copy of this ordinance shall be filed with the King County Recorder’s Office,
and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
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APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1952:5/26/17:scr
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS
TRANSMISSION SERVICES, A DELAWARE CORPORATION, AUTHORIZED TO DO
BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL
COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE
STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC
RIGHT‐OF‐WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular, words
in lower case shall have their defined meaning even if the words are not capitalized, and words
in the singular include the plural. Undefined words shall be given their common and ordinary
meaning.
1.1 Administrator: Means the Administrator of Renton’s Public Works Department or
designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair, and/or
restore any Facility, and may include, but are not limited to, digging and/or excavating to
construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
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1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys’
fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over, through, or
underground. Facilities do not include any noise‐creating equipment within the range of human
hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city‐owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
1.8 Franchisee: Means MCImetro Access Transmission Services Corp., doing business
as Verizon Access Transmission Services, a Delaware corporation, authorized to do business
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within the State of Washington, and its respective successors and assigns, and when appropriate,
agents, contractors (of any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated under
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted
to include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480‐80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service – Use
of Right‐of Way), WAC Chapter 296‐32 (Safety Standards for Telecommunications), RCW Chapter
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80.36 (Telecommunications), WAC Chapter 480‐120, et. seq., (Telephone Companies), RCW
Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and any
related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and MCImetro Access Transmission Services,
Corp., doing business as Verizon Access Transmission Services
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor vehicles
or any other uses under Renton’s control and/or in its jurisdictional boundaries, consistent with
RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings).
1.14 Rights‐of‐Way: Means the surface and space across, above, along, below, in, over,
through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare,
court, easement and similar Public Property, Public Ways, and area within the Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such similar
definition describing rate schedules, rules and regulations relating to charges and service as may
be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
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1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II: Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to
Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this ordinance becomes effective. This Franchise
is granted subject to Renton’s land use authority, public highway authority, police powers,
franchise authority, and any other case law, statutory or inherent authority, and is conditioned
upon the terms and conditions provided in this Franchise, and Franchisee’s compliance with all
Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise
is granted upon the express condition that Renton retains the absolute authority to grant other
or further franchises in any Rights‐of‐Way and any Franchise Area. This and other franchises
shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or affect its
jurisdiction over them or any part of them, and Renton retains absolute authority to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or
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vacations of same as Renton may see fit, including the dedication, establishment, maintenance
and improvement of all new or existing Rights‐of‐Way, Public Property or Public Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c), RMC
Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific powers
enumerated), RCW 35.99.020 (Permits for use of right‐of way), and 80.36.040 (Use of road,
street, and railroad right‐of way – When consent of city necessary), and any related laws, Renton
grants to Franchisee, and its successors and assigns (subject to and as provided for in Section VI,
Assignment and Transfer of Franchise), under this Franchise’s terms and conditions, the privilege
to install, construct, operate, maintain and improve its Facilities, together with all necessary
equipment and appurtenances, for the provision of telecommunications, telecommunications
distribution services, private line, and internet access services, within the existing Franchise Area,
such lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise
Area. This privilege shall not limit Renton’s police powers, any statutory or inherent authority,
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jurisdiction over its property, Franchise Area, Rights‐of‐Way, or its zoning or land use authority.
The terms and conditions of this Franchise shall not be construed to apply to Facilities located
outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to
install or use any Facilities outside the Franchise Area, including city‐owned or leased properties
or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services. The Franchisee may use its
Facilities’ excess capacity, however, Franchisee may not use, convey, lease or share excess space
within the Franchise Area,
3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and conditions
of this Franchise. Franchisee accepts all reasonable risks of the meaning of the provisions, terms
and conditions of the Franchise. Franchisee further acknowledges and states that it has fully
studied and considered the requirements and provisions of this Franchise, and believes that the
same are consistent with all Laws. If in the future Franchisee becomes aware that a provision of
this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally
ignore or avoid such provision. Instead, Franchisee will promptly advise Renton of the potential
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invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to
amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions
of any applicable Laws, as they exist or may be amended. The express terms and conditions of
the Franchise constitute a valid and enforceable contract between the Parties, subject to any
Laws.
3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this Franchise)
may be maintained, repaired and operated by Franchisee at the location where such Facilities
exist as of the effective date of this Franchise for the term of this Franchise; provided, however,
that no such Facilities may be enlarged, improved or expanded without Renton’s prior review,
written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV: Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and the City Council’s
passage of this ordinance, and shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies. At any time not more than two
(2) years nor less than one hundred and eighty (180) days before the expiration of the Franchise
Term, Franchisee may make a written request and Renton may consider, at its sole discretion,
renewing this Franchise for an additional five (5) year renewal period, unless either party
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expresses its intention in writing to terminate this Franchise at the conclusion of the ten (10) year
term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on
a year‐to‐year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton
that are directly related to receiving and approving a permit, license and this Franchise, to inspect
plans and construction, or for the preparation of a detailed statement pursuant to SEPA (RCW
Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited
to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted in
this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide
Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton
employee time shall be calculated based on their rate of salary, including applicable overtime,
benefits and reasonable overhead, and all other costs will be billed based on an actual cost basis.
5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
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5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with activities
undertaken through the authority granted in this Franchise or under Laws.
5.6. Emergency Fee: Franchisee shall promptly reimburse Renton for any and all Costs
incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty‐five (45)
days of Renton’s submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by Renton
in planning, constructing, installing, repairing, altering, or maintaining any city facility due to the
presence in the Public Way of Franchisee’s Facilities.
SECTION VI: Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton’s rights to subsequently enforce Franchise related non‐compliance issues
that existed at or before Renton’s consent. Any telecommunications assignee or transferee shall,
at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the
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assignment or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions. The Franchise terms and conditions shall be binding upon the Parties'
respective assigns and successors. Notwithstanding the foregoing, Franchisee may pledge the
Franchise for security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor. The rights of any
transferee are subject at all times to the terms and conditions of this Franchise, and no transferee
will have any greater rights under this Franchise than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, Franchisee
shall file with Renton a written instrument evidencing such sale, assignment or transfer of
ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms
and conditions.
SECTION VII: Compliance with Laws ‐ Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this
Franchise or not.
7.2. Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
7.3. Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
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cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue
is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry by
Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee’s actions related to a specific Franchise
issue.
SECTION VIII: Non‐exclusive Franchise
8.1 Non‐exclusive: As provided in subsection 3.4, this Franchise is non‐exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities in any Rights‐of‐Way and/or any Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or
affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s jurisdiction
over the Franchise Area. The Parties agree that Renton reserves and retains all of its statutory,
inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
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9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with Renton’s
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton of
any time or date that Franchisee is performing Work within the Franchise Area to allow Renton
to inspect such work.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
city streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
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9.4 Facility Placement: The Parties intend that the specific location of Facilities within
the Franchise Area (and similar facility‐related matters of a specific nature requiring detailed
case‐by‐case analysis) is to be determined in accordance with applicable Laws (including, without
limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton’s sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee’s sole expense, to take such actions as are reasonably necessary within the Franchise
Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt
action, or if an emergency situation requires immediate action, Renton may enter the Franchise
Area and take any action necessary to protect the public, any Public Way, Public Property, and
Rights‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and expenses resulting
from that necessary action. This provision shall survive the expiration, revocation or termination
of this Franchise for a period of five (5) years.
9.6 Limits on Construction: No park, public square, golf course, street Rights‐of‐Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
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and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty‐five thousand
dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond shall be
conditioned so that Franchisee shall observe all the covenants, terms and conditions and shall
faithfully perform all of the obligations of this Franchise, and to repair or replace any defective
work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.8 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
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licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair
the damage. In the event Franchisee does not make the repair as required in this section, Renton
may repair the damage, to its satisfaction, at Franchisee’s sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
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9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights‐of‐Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton’s Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration pursuant
to applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120 (Survey Monuments – Removal or Destruction),
and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
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9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton’s express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs caused
by any construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at Renton’s
request, also attend construction meetings pertaining to performance of Work within the
Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided that:
(a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be
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made; and (b) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area.
Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise
Area utility facilities that are consistent with applicable Laws and prudent utility practices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied in
accordance with such procedure. Franchisee shall notify Renton of any accident by Franchisee
involving Franchisee’s use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant release
of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur
upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall notify Renton
within twenty‐four (24) hours of discovery. If the encountered or suspected Hazardous
Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own
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expense, determine if the material is hazardous, in accordance with applicable Laws. If the
material is found to be hazardous, Renton shall, at its own expense, if possible remove, dispose,
or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable
Laws. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous
substance(s) to replace the removed substance for Franchisee to use in its operation, if
necessary. Upon approval by Renton to proceed, Franchisee shall proceed with the operations
at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to
the delay in operation. If the encountered or suspected Hazardous Substances within the
Franchise Area are the result of Franchisee’s acts or omissions, Renton’s characterization of the
substances involved and any removal, disposal, or other handling costs incurred in connection
with the removal, disposal, or handling of the hazardous substances will be at Franchisee’s sole
expense. Franchisee shall be solely responsible for any expense or cost related to environmental
mitigation requirements imposed, by operation of applicable Laws or otherwise.
SECTION XII: Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within the
Franchise Area pose an immediate danger to the property, life, health or safety of any individual,
Franchisee shall, upon receipt of notification from Renton of the existence of such condition,
immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
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obtaining any required permit so long as: (1) Franchisee notifies the Renton Regional Fire
Authority through the dispatch system of the emergency; and (2) Franchisee informs Renton’s
permitting authority of the nature, location, and extent of the emergency, and the work to be
performed, prior to commencing the work if such notification is practical, or where such prior
notification is not practical, Franchisee shall notify Renton’s permitting authority on the next
business day; and (3) such permit is obtained by Franchisee as soon as practicable following
cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII: Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate Franchisee
to undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
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showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third‐Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior notice to Franchisee, unless the Third‐Party is
an authorized governmental entity of any tier or a public records requestor. Renton will provide
Franchisee with notice of any public records request for Franchisee paperwork as soon as
reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities
Undergrounding Required for New Facilities: Consistent with RMC 4‐6‐090.C
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton’s reasonable estimation for it to be done; provided that installation of wires, cables,
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conduits and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC.
In areas where all existing telecommunications and cable facilities are located aboveground,
Franchisee may install its Facilities above ground. Any new Facilities to be located above ground
shall be placed on existing utility poles. No new utility poles shall be installed in connection with
placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton’s
utilities, improvements and infrastructure and capital improvement projects, provided that,
whenever Renton undertakes (or causes to be undertaken) any public works improvement within
the Franchise Area, and such public works improvement necessitates the relocation of
Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
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Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee’s relocation
costs. The relocation completion date will be included in Renton’s written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused by
any construction delays to Renton’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third‐Party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
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time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third‐Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any Third‐Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation) which
requires the relocation of Franchisee’s Facilities within the Franchise Area, then Franchisee shall
relocate its Facilities; provided, however, in the event Renton reasonably determines and notifies
Franchisee that the primary purpose of imposing such condition or requirement upon such Third‐
Party is to cause or facilitate the construction of a Public Works Project to be undertaken within
a segment of the Franchise Area on Renton’s behalf and consistent with Renton’s Capital
Investment Plan; Transportation Improvement Program; or the Transportation Facilities
Program, then only those costs and expenses incurred by Franchisee in reconnecting such
relocated Facilities with Franchisee’s other Facilities shall be paid to Franchisee by such Third‐
Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise
Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of Franchisee’s
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Facilities. In evaluating such alternatives, Renton shall give each alternative proposed by
Franchisee fair consideration with due regard to all facts and circumstances which bear upon the
practicality of relocation and alternatives to relocation. If Renton determines that such
alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection
15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or expense
in connection with the location or relocation of any Facilities existing under benefit of easement
or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs
of defending Renton against any and all Third‐Party actions, claims, damages, liabilities, or suits
for delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Any
plan for abandonment or removal of Franchisee’s Facilities within the Franchise Area must be
first approved by the Administrator, and all necessary permits must be obtained prior to such
Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within
one hundred and twenty (120) days after the abandonment or permanent cessation of use,
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remove the Facilities at Franchisee’s sole expense. However, with Renton’s express written
consent, Franchisee may, at Franchisee’s sole cost and expense, secure the Facilities in such a
manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and
appurtenances, in compliance with all Laws, and abandon them in place, provided that any
aboveground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
or better condition. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton may,
after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such
other action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be
liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and
shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re‐securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in which
case Franchisee shall perform such work its sole expense.
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16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon as
possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
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dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from
any liability or obligation with respect to any matter occurring prior to such termination, and shall
not release Franchisee from any obligation to remove and secure its Facilities and to restore the
Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The Parties
further acknowledge that they may not have an adequate remedy at law if the other Party
violates such covenant. Therefore, in addition to any other rights they may have, the Parties shall
have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any
breach or threatened breach, or to specifically enforce any of the Franchise covenants should the
other Party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII – XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
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Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature
of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide
a written response to Renton acknowledging receipt of notice and stating Franchisee’s response.
Franchisee has thirty (30) days (“cure period”) from the date of the notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or;
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days,
due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly
take all reasonable steps to begin to cure the alleged default and notify Renton in writing
and in detail as to the actions that Franchisee will take and the projected completion date.
In such case, Renton may set a meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged
default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place
not less than ten (10) days after Franchisee’s receipt of notice of the meeting. Each Party shall
appoint a representative who shall attend the meeting, represent their party’s interests, and who
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shall exercise good faith to reach an agreement on any alleged default and/or any corrective
action to be taken. Any dispute (including any dispute concerning the existence of or any
corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days
following the conclusion of the meeting shall be referred by the Parties’ representatives in writing
to the Parties’ senior management for resolution. If senior management is unable to resolve the
dispute within twenty (20) days of referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this
Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be
confidential and shall be treated as compromise and settlement negotiations for purposes of the
state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree
upon the existence of a default or the corrective action to be taken to cure any alleged default,
Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
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Facilities (excluding project delay claims exceeding thirty thousand dollars ($30,000)) of
this Franchise (the “Arbitration Claims”), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non‐Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost‐effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
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limited to, labor of any contractors and/or subcontractors); all pre‐arbitration costs and expenses
of consultants, attorneys, accountants, professional and other services; and all taxes, insurance,
interest expenses, overhead and general administrative costs and expenses, and other costs and
expenses of any kind incurred in connection with the dispute. The arbitrator may award
equitable relief in those circumstances where monetary damages would be inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The
award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment upon
such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or records
that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator’s
decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the prevailing
party in any two (2) arbitration proceedings brought by such party pursuant to this Section XIX,
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then such party shall be entitled to recover all reasonably incurred Costs, including attorneys’
fees, for any subsequent arbitration brought by them in which they are found to be the prevailing
party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to the
extent such cost might be allowed by a court as court costs.
SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to
seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non‐Arbitration Claims. Neither the existence of other
Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain
judicial enforcement of the other Party’s obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any Laws,
this Franchise shall govern and supersede and shall not be altered, limited, supplemented or
otherwise amended by any permit, approval, license, agreement or other document required by
or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any and
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all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
other document, except as expressly required by Laws and/or superseded by such permit,
approval, license, agreement or other document, the Franchise provisions shall control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property,
including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton in its defense,
arising out of or related to, directly or indirectly, to Franchisee’s Work or abandonment of
Facilities, or from the existence of Franchisee’s Facilities, and the products contained in,
transferred through, any signals or emissions from the Facilities, released or escaped from the
Facilities, including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under
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any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, to persons or property which is caused by, in whole
or in part, and only to the extent of, the willfully tortious or negligent acts or omissions of
Franchisee or its agents, contractors (of any tier), employees, representatives or trainees related
to Franchisee’s granted Franchise privileges. If any action or proceeding is brought against
Renton by reason of Franchisee’s Facilities, Franchisee shall defend Renton at Franchisee’s sole
expense, provided that, for uninsured actions or proceedings, defense attorneys shall be
approved by Renton, which approval shall not be unreasonably withheld. The terms of this
section shall not require Franchisee to indemnify Renton against and hold harmless Renton from
claims, demands or suits based upon Renton’s negligent or willful conduct, and provided further
that if the claims or suits are caused by or result from the concurrent negligence of (a) the
Franchisee’s agents, officers, or employees and (b) Renton, this provision with respect to claims
or suits based upon such concurrent negligence shall be valid and enforceable only to the extent
of Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including,
but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by Renton, arising
directly or indirectly from: (a) Franchisee’s breach of any environmental Laws or Laws applicable
to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c)
other activity related to this Franchise by Franchisee. This indemnity includes, but is not limited
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to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous
Substances; (b) damages to natural resources caused by Hazardous Substances, including the
reasonable costs of assessing such damages; (c) liability for any other person’s costs of
responding to Hazardous Substances; (d) liability for any investigation, abatement, correction,
cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) liability for
personal injury, property damage, or economic loss arising under any statutory or common‐law
theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees and
the employees of Franchisee's agents, representatives, contractors (of any tier) even though
Franchisee might be immune under RCW Title 51 from direct suit brought by such employees. It
is expressly agreed and understood that this assumption of potential liability for actions brought
by the aforementioned persons is limited solely to claims against Renton arising by virtue of
Franchisee’s exercise of the privileges set forth in this agreement. The obligations of Franchisee
under this section have been mutually negotiated by the Parties, and Franchisee acknowledges
that Renton would not enter into this agreement without Franchisee’s waiver of immunity. To
the extent required to provide this indemnification and this indemnification only, Franchisee
waives its immunity under Title 51 RCW as provided in RCW 4.24.115 (Validity of agreement to
indemnify against liability for negligence relative to construction, alteration, improvement,
etc.,…).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for
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negligence relative to construction, alteration, improvement, etc.,…), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability
shall be only to the extent of the party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights under
this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or defend
the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee’s responsibility to indemnify, defend and hold harmless Renton. Franchisee’s
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XXV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” and Franchisee refuses to defend and indemnify Renton, as referenced in subsection 22.2
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and Renton is determined to be without fault for the claim or demand giving rise to such "suit or
action,” Franchisee shall reimburse Renton for a percentage of Renton’s total defense costs. The
percentage of Renton’s total defense costs to be reimbursed shall be a percentage equal to the
percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such
“suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection
22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the
Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an blanket additional insured
endorsement on the general and automotive liability policies, including Renton as an additional
insured as their interest may appear under this Agreement upon Franchisee’s acceptance of this
Franchise, and such insurance certificate shall evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises‐operations, explosion, collapse and hazard,
underground hazard (XCU) and products completed hazard, with limits of five million
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dollars ($5,000,000) for each occurrence for bodily injury and property damage and five
million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non‐owned and hired vehicles with a
combined single limit of three million dollars ($3,000,000) each accident for bodily injury
and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for each
occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution condition
arising out of or resulting from the use and occupancy of the premises and the operations
conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers shall
be included as an additional insured as their interest may appear under this Agreement on the
commercial general liability and commercial automobile liability insurance, as respects work
performed by Franchisee and the blanket additional insured endorsement shall be included with
on the certificate of insurance or certification of self‐insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with respect
to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s insurance and
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shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice by
certified mail, return‐receipt requested, of suspension, cancellation, or material change in
coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall provide
the City of Renton with thirty (30) days prior written notice of cancellation In the event of
cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence
of replacement insurance policies meeting the requirements of this section before the
cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self‐insurance required by this section upon acceptance
of this Franchise. The certificates and blanket additional insured endorsement shall be signed by
a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by Renton prior to the commencement of any Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
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SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this agreement. Franchisee
shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this
language must be made a part of any contractor or subcontractor agreement.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be in
writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or permitted
to be given to the Parties under this Franchise may be sent to following Addresses unless
otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐7311
Company Address:
MCIMETRO ACCESS TRANSMISSION SERVICES, CORP. D/B/A VERIZON ACCESS
TRANSMISSION SERVICES
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ATTN: Franchise manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038
With Copies to:
Verizon
1320 N. Courthouse Road, Suite 900
Arlington, VA, USA 22201
Attn: Vice President and Deputy General Counsel, Network Operations
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e‐mail or certified‐mail. All notices shall be deemed complete
upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e‐mailed transmission of any
signed original document and retransmission of any signed facsimile transmission shall be the
same as delivery of an original document.
SECTION XXVI: Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights‐of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
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remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing party
shall be entitled to recover all of its Costs, including such sum as the court may judge as
reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment
or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force Majeure
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occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall
promptly perform the affected obligations in an orderly and expedited manner under this
Franchise or procure a substitute for such obligation or performance that is satisfactory to
Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or
malfeasance of its directors, officers or employees. Events beyond Franchisee’s reasonable
control include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence,
civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of
labor or materials, government regulations or restrictions and extreme weather conditions.
Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at
the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing
held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days
before the hearing), and upon such revocation, all privileges conferred under this Franchise shall
be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
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26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce
or interpret this Franchise or any of its terms or shall be in the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court for
the State of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee’s
Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability
of Renton with respect to any function in the exercise of its police power or for any other purpose.
Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty
to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
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26.15 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including the
right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during regular
business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act).
26.17 Section Headings: The Section headings in this Franchise are for convenience only,
and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of
the section to which they pertain.
26.18 Severability: In the event that a court or agency of competent jurisdiction declares
a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall
negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition applicable
to such matters shall survive the expiration or termination of this Franchise to the extent such
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survival can be reasonably inferred under the circumstances presented and to the extent such an
inference is necessary to prevent substantial injustice to an injured party.
26.20 Third‐Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third‐Party, nor have the Parties created any Third‐Party right to enforce
this Franchise beyond what is provided for by Laws. “Third‐Parties” are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third‐Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a summary
of this ordinance in the City’s official newspaper, and provided it has been duly accepted by
Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
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Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1969:5/3/17:scr
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UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above‐granted franchise, subject to
all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 2017.
MCIMETRO ACCESS TRANSMISSION SERVICES,
LLC CORP. D/B/A VERIZON ACCESS
TRANSMISSION SERVICES
____________________________________
Robert F. McGee
____________________________________
Director Network Engineering & Operations
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Attachment 1
AGENDA ITEM # 9. i)