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LUA00-109
(-- 10/04/00 WED 18:04 FAX 1 206 628 7699 DWT SEATTLE C�004 I + 11 1 CITY OF REN ON 2 3 OCT 184100 4 RcCE1V: D CITY CLERK(' OFFICE 5 � 6i 7 BEFORE THE OFFICE OF THE HEARING EXAMINER CITY OF RENTON 8 ! In re: 9 ' APPEAL OF LAND USE DECISION ) REGARDING MASTER PERMIT ) APPEAL No. LUA00-109,AAD 101 APPLICATION AND LEVEL II SITE PLAN ) NOTICE OF APPEAL 8/30/00 OF BARBEE FOREST PRODUCTS, INC. NOTICE OF APPEAL 9/111 /00 ORDER 12 i 13 i Based upon the agreement of the parties, it is hereby 14 I ORDERED that proceedings in the three referenced appeals shall be and d they 15 hereby are stayed for a period of ninety(90) days from the date of execution of this Order. 16 I Either party may request at any time for good cause that the stays be lifted. 12 I DATED this � 1 day of October, 2000. 18i 191 • 20 Fred J. Kau 21 Hearing Ex ner 22 ' I 23 24 25 26 ORDER- 1 \'SEA_ABBOT i\DOCS\DOCS13618312\00029PLD.DOC Davis Wright FFICES a LLP LAW OFFICES 1600 Century Square • I501 Fourth Avenue Seattle,Washington 96101-1666 (206)622-3150 • Fax:(206)626-7699 ct CITE _)F RENTON - Hearing Examiner Jesse Tanner,Mayor - ' Fred J.Kaufman August 31, 2000 • Mr. Ladd Leavens Davis WrightTremaine LLP 10500 NE 8th Street,#1800 . Bellevue,WA 98004-4300 Re: - Appeal of City's Refusal to Accept Application re Barbee Mill Co. Appeal File No. LUA00-109,AAD Dear Mr:Leavens: This office has reviewed the attached motion from the City Attorney demonstrating that the appeal letter that was submitted on August 4, 2000 was not submitted in a timely fashion. This office is also aware that another appeal was filed on another attempt to submit a site plan. Based on the information received at this time,this office will dismiss the August 4th appeal and - cancel the public hearing scheduled to be heard on October 3,2000. At this time we have not attempted to schedule any additional hearings-but will contact the parties as necessary. If this office can be of further assistance,please feel free to write. Sincerely, Fred J. Kaufman - Hearing Examiner cc: . Mayor Jesse Tanner. - Jay Covington,Chief Administrative Officer " Larry Warren, City Attorney _Elizabeth Higgins • 1055'South Grady-Way-Renton,""Washington 98055 = (425)430-6515 - . -- MG 2 9 2000 1 CITY OF RENTON 2 HEARING EXAMINER 3 4 BEFORE THE OFFICE OF THE HEARING EXAMINER 5 CITY OF RENTON 6 NO. LUA 00-109 AAD In re: 7 MOTION AND BRIEF TO DISMISS 8 APPEAL OF REFUSAL TO APPEAL FOR FAILURE TO TIMELY ACCEPT/DETERMiNATION APPEAL 9 REGARDING SITE PLAN APPLICATION OF BARBEE FOREST 10 PRODUCTS, INC. 11 FACTS 12 This Appeal was filed with the City Clerk's office with the City of Renton on 13 14 August 4, 2000. The Appeal complains of actions taken on July 20, 2000 (declaration of 15 Jason Jordan and allegations in appellants superior court action against the City, excerpt 16 attached). The time span between action and Appeal is therefore 15 days. 17 AUTHORITY 18 Appeals from administrative determinations other than environmental 19 determinations are controlled by City Code Section 4-8-110E4.b. which states in relevant 20 21 part: "Appeals from an administrative decision pursuant to this chapter shall be filed 22 within fourteen(14) days of the date that the action was taken." �3 Since the decision in this matter was made on July 20, and there are 31 days in 24 July, eleven days expired in July. This Appeal was not filed until August 4, allowing 25 another four days to run, for a total of fifteen days. Since the Appeal was not timely 26 filed, according to City Code, it must be dismissed. 27 28 MOTION AND BRIEF TO DISMISS APPEAL FOR FAILURE TO TIMELY WARREN BARBER&FONTES,P.S. APPEAL- 1 ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255.8678 • FAX(425)255-5474 1 DATED this zg'"day of t - , 2000. 2 Respectfully submitted, 3 WARREN, BARBER, & 4 FONTES, P.S. 5 6 0C—v-SLuell 7 Lawrence J. Warr,,p, SBA#5853 8 Attorney for City of Renton 9 T10.26:16 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION AND BRIEF TO DISMISS APPEAL FOR FAILURE TO TIMELY APPEAL-2 WARREN BARBER&FONTES,P.S. ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255.8678 •.. FAX(425)255-5474 1 2 3 4 BEFORE THE OFFICE OF THE HEARING EXAMINER 5 CITY OF RENTON 6 NO. LUA 00-109 AAD 7 In re: DECLARATION OF JASON JORDAN 8 APPEAL OF REFUSAL TO ACCEPT/DETERMINATION 9 REGARDING SITE PLAN APPLICATION OF BARBEE FOREST 10 PRODUCTS, INC. 11 12 COMES NOW, JASON JORDAN under penalty of perjury and declares as 13 follows: 14 1. I am an assistant planner assigned to the Development Services division of 15 the City of Renton. On the date of July 20, 2000 I was presented with a site plan 16 application by an individual that identified himself as an employee of Triad Associates. 17 18 2. I received the plans and briefly reviewed them and determined that there 19 was not a traffic study or a geotechnical report included in the materials and that the 20 application therefore did not meet the minimum requirements set forth in City Code 21 Section 4-8-120D. I rejected the plans across the counter that date on that basis. 22 DATED this / day of - -l-��,�U,� ,y , 2000. 23 Respectfully submitted, 24 25 2 6 7 n Jordan 27 T10.26:17 28 WARREN BARBER&FONTES,P.S. DECLARATION OF JASON JORDAN- 1 ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 1 2 3 4 BEFORE THE OFFICE OF THE HEARING EXAMINER CITY OF RENTON 5 NO. LUA 00-109 AAD 6 In re: 7 APPEAL OF REFUSAL TO DECLARATION OF LAWRENCE J. WARREN 8 ACCEPT/DETERMINATION REGARDING SITE PLAN 9 APPLICATION OF BARBEE FOREST 10 PRODUCTS, INC. 11 COMES NOW, LAWRENCE J. WARREN under penalty of perjury and declares as 12 follows: 13 14 1. I am the City Attorney for the City of Renton. 15 2. As part of my duties, I am defending the City in a lawsuit filed in King County 16 Superior Court entitled Barbee Forest Products, Inc., a Washington corporation, Plaintiff v. the 17 City of Renton, a municipal corporation et al, King County Cause No. 00-2-20089-7 KNT. 18 3. On August 22, 2000, I was served with a First Amended Complaint for Declaratory 19 Injunctive Relief and for Damages in the above captioned and numbered lawsuit. 20 4. Attached hereto it a true and correct copy of pages 3 and 4 of that Complaint. At the 21 22 bottom of page 3 is Plaintiffs statement of the date that it filed a master permit application on 2 3 Level II Site Plan with the City of Renton admitting that that date was July 20, 2000. 2 4 DATED this rd day of �4. 2000. 25 Respectfully submitted, 26 1� 27 awrence J. Warre T10.26:19 28 WARREN BA;"IIBR&FOINTES,P.S. DECLARATION OF LAWRENCE J.WARREN-1 ATTORNEYS AT LAW 100 SOUTH SECOND STREET • POST OFFICE BOX 626 RENTON,WASHINGTON 98057 PHONE(425)255-8678 • FAX(425)255-5474 • 1 (which was formerly owned by defendant J.H. Baxter, and which is known as the "J.H. Baxter 2 Property")to the north of the Quendall Terminals Property, and a parcel of property (the"Pan 3 Abode Property") across Lake Washington Boulevard to the east of the Quendall Terminals 4 Property and the Barbee Mill Property. The Pan Abode Property is currently the site of a facility 5 for manufacturing prefabricated log houses. Both the J.H. Baxter Property and the Pan Abode 6 Property are zoned COR2. The Pan Abode Property is or may be"adjacent" or"abutting"to the 7 Barbee Mill Property, as the terms"adjacent" and "abutting" are defined in the Renton municipal 8 code. 9 11. There are no other properties zoned COR in the immediate vicinity of the Barbee 10 Mill Property. 11 12. BFP wishes to develop the Barbee Mill Property into a mixed-use retail, office 12 and residential development, consistent with the COR zoning classification. BFP through its 13 authorized agents has applied and is in the process of applying to the City of Renton for a land 14 use permit for such a development. . 15 13. In October 1999,the Renton City Council enacted Ordinance 4802, which 16 provided as follows: 1.7 Because of the necessity of minimizing at-grade railroad crossings, 18 predicting traffic volumes, and avoiding duplication of public 19 infrastructure costs,all adjacent and abutting properties with COR 20 zoning shall be included in a Level II Site Plan for the entire Zone 21 to be approved in accordance with requirements in RMC 4-9-200. 22 Ordinance 4802, as codified in the Renton Municipal Code in RMC 4-2-120.B, is attached hereto 23 as Exhibit B. 24 14. On July 20, 2000, BFP through its agents attempted to file with the City of 25 Renton a Master Permit Application and Level II Site Plan for the development of the Barbee 26 FIRST AMENDED COMPLAINT FOR DECLARATORY Davis Wright Tremaine LLP LAW OFFICES AND INJUNCTIVE RELIEF AND FOR DAMAGES- 3 • 2600 Century Square • 1501 Fourth Avenue F:\docs\26266\4\First Amended Complaint.doc Seattle,Washington 98101-1688 (206)622-3150 • Fax:(206)628-7699 Seattle A • 1 Mill Property. Representatives of the City of Renton reviewed the materials and refused to 2 accept them or to assign a file or permit application number to the application materials. At the 3 next City Council meeting, on July 24, 2000, in specific response to BFP's attempt to file the 4 permit application,Renton's City Council adopted Ordinance 4850, which purported to modify 5 the requirements for Level II Site Plans. Section I of the Ordinance provides as follows: 6 For property zoned COR the site plan must include and be signed 7 by the owners of all adjacent and abutting properties with COR 8 I zoning as required by RMC 4-2-120.B. 9 Ordinance 4850 is attached hereto as Exhibit C. 10 15. The City Council in Section II of the Ordinance purported to declare an 11 emergency, and provided that Ordinance 4850 would take effect immediately upon publication. 12 Neither the Ordinance itself,nor the minutes of the City Council meeting, states any basis for the 13 declaration of an emergency. A true copy of the Minutes of the July 24 meeting of the City 14 Council are attached hereto as Exhibit D. The ordinance took effect immediately upon 15. publication on July 27,2000. 16 16. Ordinances 4802 and 4850, separately and together, create new, onerous and 17! insuperable restrictions on BFP's plans to develop.the Barbee Mill Property, and on the ability of 18 1 any owner of COR zoned land to develop COR zoned parcels. 19 17. On August 14,2000,BFP again attempted to file with the City, of Renton a 20 Master Permit Application and Level II Site Plan for the Barbee Mill Property. A City of Renton 21 representative reviewed the materials and observed that the Level II Site Plan had not been 22 signed by the owners of adjacent and abutting COR zoned property,pursuant to the new 23 requirements of Ordinance 4850. BFP offered documentation that it was unable to obtain the 24 4 signatures of owners of all adjacent and abutting COR zoned property, and that the owners were 25 26 FIRST AMENDED COMPLAINT FOR DECLARATORY Davis Wright Tremaine LLP LAW OFFICES AND INJUNCTIVE RELIEF AND FOR DAMAGES- 4' 2600 Century Square F ICE Fourth avow Seattle,Washington 98101-1688 F:\docs\26266\4\First�.6266\4\FIrSt Amended Complaint.doc (206)622-3150 • Far:(206)628-3699 Seattle C IT OF RENTON N Hearing Examiner Jesse Tanner, Mayor Fred J.Kaufman August 10, 2000 Mr. Ladd Leavens Davis Wright Tremaine LLP 10500 NE 8th Street,#1800 Bellevue, WA 98004-4300 Re: Appeal of City's Refusal to Accept Application re Barbee Mill Co. Appeal File No. LUA00-109,AAD Dear Mr. Leavens: We received your appeal dated August 4,2000, and the hearing will be scheduled for Tuesday, October 3,at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Should you have any further questions,please contact this office. Sincerely, Fred J. Kaufm Hearing Examiner cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Jana Hanson Elizabeth Higgins 1055 South Grady Way - Renton, Washington 98055 - (425)430-6515 ro) _ _ 'LC p CITY OF RENTON 1111 AUG — 7 2000 AUG 0 4 2000 1 RECEIVED r. F RENTON 2 a, � EXAMINER CITY CLERK'S OFFICE `f.00 P tt 3 4 5 6 7 BEFORE THE OFFICE OF THE HEARING EXAMINER CITY OF RENTON 8 In re: ) No. 9 ) APPEAL OF REFUSAL TO ) NOTICE OF APPEAL 10 ACCEPT/DETERMINATION REGARDING ) SITE PLAN APPLICATION OF BARBEE ) 11 FOREST PRODUCTS, INC. ) 12 I. INTRODUCTION AND REQUEST FOR RELIEF 13 Pursuant to Renton Municipal Code Section 4-8-110(E)(4)(b) and other applicable law, 14 the property owner in the above-referenced matter,Barbee Mill Company ("Applicant") 15 respectfully requests the Hearing Examiner("Examiner")to reverse the City of Renton's 16 Development Services department's refusal to accept the Applicant's site plan application 17 ("Application") and its determination, if any,that the site plan application was incomplete. The 18 City of Renton("City") erroneously refused to accept the Application and/or determined that the 19 Application, the cover pages of which are attached hereto as Exhibit A, was incomplete. The 20 City erroneously refused to accept the Application for processing. Thereafter, on July 24, 2000, 21 the City adopted Ordinance 4820,attached hereto as Exhibit B. If the Applicant were to submit 22 a new site plan application, Ordinance 4820 would negatively impact the Applicant's plans to 23 develop its property because the Ordinance contains new, onerous requirements for site plan 24 25 26 APPEAL TO HEARING EXAMINER- 1 F:\DOCS\26266\4\12218PLD.DOC Davis Wright Tremaine LLP Bellevue/08/04/00 LAW OFFICES 1800 Bellevue Place • 10500 NE 8th Street Bellevue,Washington 98004-4300 (425)646-6100 •Fax:(425)646-6199 1 applications.' But for the City's erroneous determination and/or its refusal to accept the 2 Application,the Application would have been vested against Ordinance 4820. 3 As briefly set forth below,the City's refusal to accept/determination is untenable under 4 the City Code, Washington common law, and the state and federal constitutions. Legal argument 5 in support of the Applicant's claims herein will be submitted at the scheduled hearing in this 6 appeal. The Applicant requests the Examiner to reverse the City's refusal to accept/ 7 determination and direct the City to immediately begin processing the Application under the 8 applicable laws and regulations existing at the time the Application was presented for filing. 9 II. ASSIGNMENTS OF ERROR 10 A. The City's Determination That the Application Was Incomplete Was 11 Factually Erroneous. 12 Testimony at the hearing will show that, as a matter of fact,the City's action or 13 determination was erroneous. As illustrated in Exhibit A,the Application substantially addresses 14 all required elements for site plan review set forth in Renton Municipal Code Sections 4-9-200 15 and 4-8-120(C). It is not unusual for a municipality to request additional information in order to 16 decide whether to grant or deny a land use application that has been previously deemed 17 complete. Here,the facts presented at hearing will show that it was error for the City to refuse to 18 accept a substantially complete Application. It was further error for the City to determine that 19 the Application was not complete and not vested. 20 B. The City Had No Legal Basis to Refuse to Accept the Application. 21 The City's refusal to accept the Application was without basis as a matter of law. 22 Washington courts have consistently held that a substantially complete land use application vests 23 at the time of its submittal. Further, evidence at the hearing will establish that the City itself has 24 accepted and deemed complete similar site plan applications submitted by other applicants. 25 1 As set forth below,the Applicant further contends that Ordinance 4820 is not valid on its face and cannot be 26 constitutionally applied to the Applicant's property. APPEAL TO HEARING EXAMINER-2 F:\DOCS\26266\4\12218PLD.DOC Davis Wright Tremaine LLP Bellevue/08/04/00 LAW OFFICES 1800 Bellevue Place • 10500 NE 8th Street Bellevue,Washington 98004-4300 (425)646-6100 •Fax:(425)646-6199 1 There is no legal basis for the City's deviation from established common law and its own 2 practice with regard to the Application. Moreover,the Renton Municipal Code does not contain 3 any authority for the City to refuse to accept a site plan application on the determination that it is 4 not complete. As a matter of law,the City should have accepted the Application. 5 C. If the City's Refusal to Accept/Determination is not Reversed,Applicant 6 Will be Deprived of its Constitutionally Protected Rights. 7 The Examiner lacks authority to rule on any constitutional claims. However,to preserve 8 these issues for further appeal,the Applicant alleges that the City's refusal to accept/ 9 determination, if not reversed,will result in a deprivation of Applicant's vested rights and its 10 constitutional right of equal protection. If the Applicant submits a new site plan application, 11 such application could be subject to Ordinance 4820,which contains additional requirements not 12 in existence at the time the Application was submitted for filing. In order to provide the same 13 constitutionally protected degree of certainty preserved for other property owners and developers 14 in this state,the Application should be processed under the applicable laws and regulations in 15 effect at the time the Application was submitted to the City. The fact that the City has treated the 16 Applicant differently than other similarly situated applicants by refusing to accept the 17 Application invokes equal protection principles, as well. 18 The Applicant also asserts that, on its face and as applied to the Applicant's property, 19 Ordinance 4820 in conjunction with other provisions of the Renton Municipal Code, including 20 but not limited to Ordinance 4802,results in an unconstitutional taking of private property, and 21 deprivation of substantive due process. Supporting facts and legal argument will not be provided 22 because these issues cannot be resolved in this forum. However,the existence of these claims 23 should serve to underscore the grave harm that will be suffered by the Applicant if the City's 24 factual and legal errors in its refusal to accept/determination are not rectified in this appeal. 25 26 APPEAL TO HEARING EXAMINER- 3 F:\DOCS\26266\4\12218PLD.DOC Davis Wright Tremaine LLP Bellevue/08/04/00 LAW OFFICES 1800 Bellevue Place • 10500 NE 8th Street Bellevue,Washington 98004-4300 (425)646-6100 •Fax:(425)646-6199 • 1 III. CONCLUSION 2 The Examiner should reverse the City's erroneous determination that the Application was 3 incomplete, and should enter an order directing the City to process the Application under the 4 applicable laws and regulations in effect at the time the Application was presented for filing. 5 Testimony, exhibits and legal argument in support of this appeal will be presented by the 6 Applicant at the scheduled hearing in this matter. 7 DATED this e day of August, 2000. 8 Davis Wright Tremaine LLP Attorneys for Barbee Mill Company 9 10 By �6✓ 11 Ladd A. Leavens WSBA# 11501 12 13 14 15 16 17 18 19 20 • 21 22 23 24 25 26 APPEAL TO HEARING EXAMINER-4 F:\DOCS\26266\4\12218PLD.DOC Davis Wright Tremaine LLP Bellevue/08/04/00 LAW OFFICES 1800 Bellevue Place • 10500 NE 8th Street Bellevue,Washington 980044300 (425)646-6100 •Fax:(425)646-6199 .V, v., vu 1•t..4. - (JYLi/ OL1 JYOl J.n1111/ A.7.7Uw.H1L'r7 lYJUVL V9=7,ScozAAVOkqki4-,,,.k4..; 4afxa;a :'t�f b;r. ;21 ' J` r'rtt»Y,'ei0o;4rWF";01.' _' '•:. ..... t':;Pe,r4.•••'ise -r- ... r.s z.::<�"f> " 4 ,stir. µpyp L: s..^a•.,.' , :: ssfw..i yv. p '© [x[�J. .---- .'r•ay. .�L Y s . i(c :•.�.•••'t' f..:' .'. :„e,. S134.047.0, EMY1'KS..: • 3 �¢a, .�°°.' • •3n:. •,.3.>t. 4V�V�44EqND,F:e r •4><e .i.. ',i.:: :.a' _ via,.., : .� :.•1 '•.C.. of w-k-i. ez:,,,; " ,.,: �... t�r °w «'E:.eawr..ioa 'ar(: ... 'ra: _.s. y w <y�n-ye, yc r =<K2•°"'sryu:...<52L. •�v..:F.�rc:'x„s� 'vait'<.�,: ,r� ;: .:y et-At 'w; •3L+ iG;' ,••,�;,,•,�..a _ e Ar- „s..s>.:<;:. 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' E::i.: .+5:�' .:a.l..U.::�''1pp('� •:�. fr �/q�/p� �{'�+ ���it� '� _��r'.y:' o:<Jro;;4>:C4P'ry�7 c _••NaW'•'M?%'�iu.r[eV. ..'.'a£.'.'+i'... .{'':1,'V above.' s;7fit• •:+Yfl: ?4fge?�H;:..Ue ,T,14:. ,:):.;:1`4.4i�� 2:".:ll•• 7L .r••:%•••�}/y��/fry {''' '.eFSMV. :.;�;<..r.4'yS:d'.:F°`'�<n.::r,`""`Zk+:. .�'r�'.;•w.:<tfi:•k;;:.;ri?ot 'cs,�n' ..•... � o ^�.................:........ ,vx. 1+::rtf° , 'ylVoYe 7�E�ie a ,�Y�' ��� ��` �s��; i._.....,., ;;,•..::�;-:.V. }'w:'Se�" , ��l9^ o»;4(wrx<oi»b::££if.<F'stS`- in2l'tAtVed as2�e. hlKafGtlrzs ``k r 'r•`"" '` PROJECT OR DEVELOPMENT NAME: NAME: Alex Cugini • Cu[f].ni//arbee Mill Property • Barbee Mill Cct any • PROPERT• Y/PROJEC-ADDRESS(S)/LOCATION: ADDRESS Po Box 359 NW 1/4 Sec. 32, 'l n. 24N,• Range 58 • • - KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): CITY. Renton ZIP' 9805'? 322405-9034 • • • TELEPHONE NUMBER: . EXISTING LAND USE(S): • (425) 226-3900 ' Lumber mill PROPOSED LAND USES: NAME: Steven tJood A mixed-use develop/lent involving office, multi-family•residential, retail, .restaurant, • - — • - hotel, and marina uses. • • COMPANY (if applicable): 'century pacific, 'LF EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Center Office Residential (COR) ADDRESS: 2140 Century Square • PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (If applicable) 1501 Fourth Avenue N/• A CI f Y: Seattle ZIP: 98101 EXISTING ZONING: • Center Office Residential (COR2) Port Quendall Site • • TELEPHONE NUMBER: (206) 689-7201 PROPOSED ZONING(if appicable): • >�ti %S;"t >e>�[�( /�;u•.xr, •.< .r:� ¢kb�•"•-•,-''''',t "V.'%:K:; u> N/A ' .. <aS:i,.. :MnRa :•,.. -N ./....�.. .. • .. •rit a:R::::S:a;. .Y•:. ilA SI I E AREA (SO.FT.OR ACREAGE': NAME: Bill Dunl 22.9 acres • COMPANY (If appGcaDls):` PROJECT VALUE: Triad Associates • . Unknown at this time ADDRESS: 11814 115th Avenue NE IS THE SITE LOCATE(?IN THE AQUIFER PROTECTION AREA? No °TY: Kirkland ZIP: 98034 • • IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY • SENSITIVE AREA? Yes - Shoreline area of Lake Washington and TELEPHONE NUMBER and E-MAIL ADDRESS: May Creek; designated Urban emi roment (425) 821-8448 / wdunlao@triarlassocecan 11%11li ttaa Vt.LILGO LEI UVJ , 07/19/00 07:40_ eel 121 3481 TRIAD ASSOCIATE IJ003 t �Ts�t.��,,!,�•• 1..._.. ,, ._••-�J .. Rr 1..v. ° _ fi ,. 'ir _ : _i�� 1 ! ) c�' ra- 1 �t" r "-7 �n 4.•xJf�., Li�`�. Nit•1 • ,e.2.71C1_'i- i�•-..?,o.oe.....i...,t,... • .++D•.. See attached • • • • ".s �� a '<1 � _ Y1 %r' 7;t::'.4wi"'ii.KFY,Gr -'���•"'�', ' •r[• c� ,,.,•�•.,+`�.y�t• N� n w.'' `{�, p :• - 1 p�p ifidii „r��y,I y y-��Cr y7T•MeTt+.'i7' .JI�d•K I� ' •e t j ro`�•�'�. .rr,•�,: Gd.S`.+�rrt. l `^::•�,,. . .;'F •_.,.i,-s..+ • _ANNEXATION $ - susonns1ON: - , COMP. PLAN AMENDMENT $ . 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'' I.(Print Name) R 'f C 12>41 ,deofare thanI ere hr(phrase cheek one)) the owner of the DrbderrY irtvglwd i!t OAS applketioh[ the evtbo[iree rtpreeontetivil to act for the prnnet'ty owner Iplras6 attach mut or attttrailriflooI,end that the lefelDinj statertlrntt tr eMWM no, comerned and Ute'IffQrmstion herewith submitted are iR ma rnprrB true-r*0 rorret:t to the but of my knowledge*nd DEW- ' ATTEST: Subscri trim warn to before my,$NotyrY Pt e,in are FQ 6 ee -1 C t,)k7 i r.J I I the State of ing et /Nb Cc (Name of Owner/Representative) .en the daY of 20� , . II�c1�.A A.y • r- not re of Owner/Rep ntative) •� w (Sig tiro of Notary Puarc� :tt- .c.K.e f • l; �'•s. .w_�,, ..,:.,�•s•,-..:'w�T\am.. ,�.�.} � m nl;\ '"',.'• r ••^,,",.,�F'<?i7�4� il't:�t .r<-�C��,ri,��a +ti•: �. • .:: . 24 I -rx f7?5 C� �n - •tll: �+`Y:.= ^ '.%^:h .« .}':v n.\ ..x•�^T`r.9 ';; il.iiw � }Atl�: ° ;;wl "iuy:#,91t/» rr rw 7'y,. ^ ^ C i. :i;, 6;i*C�7,' :' .:xi..� Kua ; -in•yt�r::-:..Y+•.,�si.r.+.::71!TAI��•g a,nPr� .N'r�,•�;;;� t..ro,��tixw+rn ;:ZZ-Vt `�A,Eks..�i:a 7 �+ .r.2.'�4:4*z ,;.t::;::. i %.:.0 r4t >s.. .e,, : �..,. . - rx,.�i��i1S�0� V3 ��A'gI? ti" YY talk/' i �r";E:: Y�,zn � s•., :r ` � ice Y Y6 !.:Y:. k : nrk!I _:: LY.:' c ,ry�4w . .K 140f>' • ,-l-R :: n �+ A� V nY � Va :. - ItA :A� HA;!7::.• -'"{1 :FY� .w7.: xNytr_:r,. sn"�.:f:1 nvw w •. o ,•+: '::`` ww--,- .k,si e,t , '.. ' - F- . A � - _ 4-11iL:r•; . :t s -• J ��, .*0 . yyR 1 t" ��,, SNE i iti , .rr " wsiiSH .�7i�i„y�_ tiAO • • Z> Nv = : 15 . ' • �»--7m, r " 4r.; -”` ( , �' ,` w> � i -;z:7 :Jl:� ►_ ;il'��1_ -`.dV .r1ti.-; •^':.t ,. nJ�xeae;; (1. w,Y�Yv.�;r�." _i:5^..a,a:�,:.ii3�c: nv+wzr.N:fy+1......y. �S.w .;:�'. :,� .., - "MASTERnr_Diac REVISED QM* -• - - --- - - �zry vfi VYV1 LAS A. Y [aNNV va[aauN VV• Cugini/Barbee Mill Legal Description All that portion of Government Lot 1, Section.32, Township 24 North, Range 5 East, W.M., in King County, Washington and of second class shorelands adjoining lying westerly of Northern Pacific Railroad right of way; Except that portion, if any, of said shorelands lying north of the westerly production of the north line of said Government Lot 1. 1.4--4a-edau 1G'yG �.1 1 1 Vr RGI�I Vi" �ici r .eie.r�� Amends ORD 4802 CITY OF RENTON,'WASHINGTON ORDINANCE NO. 4850 AN ORAuv'ANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 44-120.D.19 OF CHAPTER 8, PERMITS AND DECISIONS, OF TITLE IV, DEVELOPMENT REGULATIONS, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CLARIFYING T13E REQUIREMENTS FOR APPLICATION FOR SITE PLAN LEVEL II FOR PROPERTY ZONE COR, AND DECLARING AN EMERGENCY. THE CITY CQUNCIL OP THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-8.120.D.19, Definitions S, of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City ofRenton, Washington"is hereby amended by adding subsection k. to the definition of Site Plan,Land Use Review,Level U,to read as follows. k. For property zoned COR the site plan must include and be signed by the olitters of all adjacent and abutting properties with COR zoning as required by RMC 4-2-I20.13. SECTION_IL The City Council hereby declares an emergency and this ordinance shall be effective immediately upon publication. PASSED BY THE CITY COUNCIL this 24thday of __ 3u3.y , 2000. 24-v Marilyn X. ete City Clerk APPROVED BY THE MAYOR this24thday of Jtily , 2000. se Tanner.Mayor I zooV carvrnnccv rtvrvr JUL- LV LC.IUU 1G•JJ L.LI`IIUI\I rl"Il.lr ll. LVV VUJ IL1V 1 VJ� VJ ORDINANCE NO. "t" Approved as to form: wrence j. City Attorney Date afPiabiicatian: July 27 + 2000 (summary ORD.R66:7/24/00:ma. 2 TOTAL P.03 TOTAL P.F_13 _ y MOTES - -R EC E I PT RECEIVED FROM N Vg 'uv r 1 1 ir-t.-t- I t-e PM&1 pi4 1.,L l'-' ADDRESS V30 0 ge 1 I e At 6-e. qevute wA- °Iwo Li $ FOR 'bee 5 f-e5.-+ Proa tut s I , ACCOUNT HOW PAID AMT.OF CASH ACCOUNT , AMT. PAID CHECK 415 00 BALANCE MONEY BY-1(1 J • , DUE ORDER 01998 PAPIFORMO 8L802 r N Amends Ord 3981, 4008, 4404 4587, 4614, 4631, 4722, 4777 Amended by ORD 4850 CITY OF RENTON, WASHINGTON ORDNANCE NO. 4802 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE 4 (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING A CENTER OFFICE RESIDENTIAL-3 ZONE, AMENDING CENTER OFFICE RESIDENTIAL USE ALLOWANCES AND DEVELOPMENT STANDARDS, AMENDING SITE PLAN REVIEW PROCEDURES, DELETING MASTER SITE PLAN APPROVAL PROCEDURES, AND AMENDING MODIFICATION PROCEDURES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsections 4-1-050.A.1.k and 4-1-170.A, of Chapter 1, Administration and Enforcement, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of • General Ordinances of the City of Renton, Washington"are hereby amended as follows: 4-1-050.A.I.k. Modifications to development standards in the Centers Residential Demonstration Overlay District, and Center Office Residential-3 (COR-3) District. 4-1-170.A Change the row entitled "SITE PLAN APPROVAL:" to be titled "SITE PLAN APPROVAL (LEVEL I OR LEVEL II):" SECTION II. Subsection 4-2-020.P of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: P. CENTER OFFICE RESIDENTIAL ZONE (COR 1, COR 2, and COR-3): The purpose of the Center Office/Residential Zone is to provide for a mix of intensive office and residential activity in a high quality, master planned development which is integrated with the natural environment. Commercial retail and service uses which support the primary uses ORDINANCE NO. 4802 of the site and are architecturally and functionally integrated are permitted. Also, commercial uses which provide high economic value may be allowed if'designed with the scale and intensity envisioned for the COR zone. Policies governing these uses are primarily contained in the Land r• Use Element, Center Office/Residential section of the City's adopted Comprehensive Plan. The scale and location of these sites will typically denote a gateway into the City and should be designed accordingly(see also Land Use Element, Community Design- Gateways section). Since the sites function as gateways, the site planning should incorporate features of interest and use for the users. In order to address differing site conditions, and recognizing the gateway and environmentally sensitive features of these sites, this Zone is divided into three (3) sections: COR 1, COR 2, and COR 3. COR 1 and 2 share the same uses and development standards, but differ in heights allowed. COR-3 shares a majority of uses allowed in COR 1 and COR 2 as well as most development standards, but differs primarily in densities allowed. COR 1 is applied to the property known as the Stoneway Concrete Site. COR 2 is applied to the property known as the Port Quendall Site. COR 3 is applied to the property known as the Shu$leton Site. SECTION III. Subsections 4-2-060.B, C, E, F, G, H, J and 0 of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-2-060.B RESIDENTIAL Other Residences and Lodging Add "Hotel" as a primary permitted use in the COR zone. 4-2-060.0 RETAIL SALES Amend "Eating and drinking establishments" in the COR zone to be listed as a secondary use subject to condition#137. Delete"Mini-marts" from the COR zone. 2 ORDINANCE NO. 4802 4-2-060.E. CULTURAL,ENTERTAINMENT AND RECREATIONAL Parks and Open Space In the COR zone, change "Open space (new)"to be a primary permitted use. In the COR zone, change"Parks,regional(new)"to be a primary permitted use. In the COR zone, change "Parks, community(new)"to be a primary permitted use. In the COR zone, change "Parks, neighborhood(new)"to be a primary permitted use. In the COR zone, change "Trails(new)"to be a primary permitted use. Recreational Facilities In the COR zone, change "Marinas" to be a primary permitted use subject to condition #125. 4-2-060.F OFFICE AND CONFERENCE In the COR zone, add"Offices" as a primary permitted use. In the COR zone, add"Personal"as a primary permitted use. 4-2-060.G SERVICES Repair Services Add"Shoe repair"to the COR zone as a secondary use subject to condition#68. Health Services In the COR zone, change"Hospitals, sanitarium or similar uses"to be a Hearing Examiner Conditional Use. 4-2-060.H TRANSPORTATION SERVICES AND MANUFACTURED HOME SALES In the COR zone, change"Car washes"to be an accessory use subject to condition#81. In the COR zone, delete "Gasoline service stations." In the COR zone, add"Parking garages, commercial" as a primary permitted use. In the COR zone, change "Parking garages,noncommercial"to a primary permitted use. 4-2-060.J MANUFACTURING AND INDUSTRIAL In the COR zone, change"Industrial/manufacturing facilities, major modification, production increase or expansion of existing"to be a Hearing Examiner Conditional Use subject to condition#276. Solid Waste/Recycling In the COR zone, delete "Recycling collection center." 3 ORDINANCE NO. 4 8 0 2 4-2-060.0 PROHIBITED USES, SPECIFICALLY IDENTIFIED In the COR zone, change"Exterior storage of products" to be prohibited specifically, with no condition number. SECTION IV. Subsection 4-2-070.0 of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: 4-2-070.0 CENTER OFFICE RESIDENTIAL (COR) RESIDENTIAL Other Residences and Lodging Add"Hotel". Type P. RETAIL SALES Change`Eating and drinking establishments"to Type S#137. Delete "Mini-marts." CULTURAL, ENTERTAINMENT AND RECREATIONAL Parks and Open Space Change"Open space (new)"to Type P. Change"Parks, regional(new)"to Type P. Change "Parks, community(new)"to Type P. Change "Parks, neighborhood(new)"to Type P. Change "Trails (new)"to Type P. • Recreational Facilities Change "Marinas"to Type P#125. OFFICE AND CONFERENCE Add"Offices". Type P. Add"Personal". Type P SERVICES Change"Cemetery, crematory, mausoleum"to Type H. Repair Services Add"Shoe". Type S #68. Health Services Change"Hospitals, sanitarium, or similar use"to Type H. 4 ORDINANCE NO. 4 8 0 2 TRANSPORTATION SERVICES AND MANUFACTURED.HOME SALES Change"Car washes"to Type AC#81. Delete"Gasoline service stations." Add"Parking garages, commercial." Type P. Change"Parking garages, noncommercial"to Type P. MANUFACTURING AND INDUSTRIAL Change "Industrial/manufacturing facilities, major modification, production increase or expansion of existing"to Type H#276. Solid Waste/Recycling Delete "Recycling collection center." PROHIBITED USES, SPECIFICALLY IDENTIFIED Change"Exterior storage of products"to Type X. SECTION V. Subsections 4-2-080.A.81, 125, 128, and 137 of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington"are hereby amended to read as follows: 81. Permitted where housed in a parking garage. 125. Allowed in conjunction with another primary use. 128. Only those modifications or expansions which do not increase production levels are permitted in COR-1 and COR-2. No modifications or expansions are allowed in COR-3. 137. The use shall have limited external signage. The use shall be architecturally and functionally integrated into the development. The design of structures, including signs, shall be generally consistent in character with surrounding uses. No drive-through or outside auto service is permissible. Freestanding establishments may be permitted if they are 5,000 square feet or larger per establishment and consistent with the preceding requirements. SECTION VI. Subsection 4-2-080.A of Chapter. 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following condition which reads as follows: #276. COR-3: Use is not permitted. 5 ORDINANCE NO. 4 8 0 SECTION VII. Subsections 4-2-120.B and 4-2-120.C.12 and C.16 of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby amended as follows: 4-2-120.B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS DENSITY (Net Density in Dwelling Units per Acre) Add a new row titled"Minimum Net Residential Density": Under the CD column, add the following language: 25 dwelling units per net acre The minimum density requirements shall not apply to the subdivision, short plat and/or development of a legal lot one-half(1/2) acre or less in size as of March 1, 1995. Under the CO column, add the following language: N/A Under the COR column, add the following language: Where a development involves a mix of uses then minimum resdential density shall be 16 dwelling units per net acre. When proposed development does not involve a mix of uses, then minimum residential density shall be 5 dwelling units per net acre. The same area used for commercial and office development can also be used to calculate • residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. Maximum Residential Density or Density Range Re-title the row "Maximum Residential Density or Density Range" to say "Maximum Net Residential Density." The columns should be amended to read as follows: Under the CD column, amend the language to read as follows: 100 dwelling units per net acre. Density may be increased to one hundred fifty (150) dwelling units per acre subject to administrative conditional approval. Under the COR column, amend the language to read as follows: COR 1 and 2: 25 dwelling units per net acre, without bonus. Bonus density may be achieved subject to noted requirements?' COR 3: 50 dwelling units per net acre. The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. 6 ORDINANCE NO. 4802 SETBACKS Add a new row titled"Special Shoreline Setback." Add the following language to the CD column: N/A. Add the following language to the CO column: N/A. Add the following language to the COR column: In COR 3, where the applicable Shoreline Master Program setback is less than 50 feet, the City may increase the setback up to 100% if the City determines additional setback area is needed to assure adequate public access, emergency access or other site planning or environmental considerations. HEIGHT Maximum Building Height, except for uses having a "Public Suffix" (P) designation3° Under the COR column, amend the language to read as follows: COR 114: 10 stories and/or 125 five ft.8'19'28 COR 2 and 316: 10 stories'and/or 125 ft.; provided the master plan includes a balance of building height, bulk and density', and provided that, in the.COR 3 Zone only, buildings or portions of buildings which are within one hundred feet (100') of the shoreline shall not exceed a maximum height of seventy-five feet (75'). SCREENING Permitted Outdoor Storage Under the COR column, amend the text to read: N/A- no outdoor storage is permitted. SPECIAL REVIEW PROCESS General Under the COR column, amend the text to read as follows: Because of the necessity of minimizing at-grade railroad crossings, predicting traffic volumes, and avoiding duplication of public infrastructure costs, all adjacent and abutting properties with COR zoning shall be included in a Level II Site Plan for the entire Zone to be approved in accordance with requirements in section 4-9-200. Level I Site Plans for each phase of the project shall comply with the approved Level II Site Plan. Add a new row with the major heading as follows: SPECIAL DEVELOPMENT STANDARDS Add a new minor row heading as follows: Modulation and Articulation. Under the CD column add the following text: N/A Under the CO column add the following text: N/A Under the COR column add the following text: COR 1 Zone: N/A. COR 2 Zone: N/A. COR 3 Zone: To consider shade/shadow effects and encourage compatibility, the following modulation/articulation requirements shall apply in the COR-3 Zone. 7 ORDINANCE NO. 4802 Modulation/Articulation: Buildings that are immediately adjacent or abutting a public park, open space, or trail shall incorporate at least one of the features in items 1 through 3, and shall provide item 4: 1. Incorporate building modulation to reduce the overall bulk and mass of buildings, or 2. 'For each dwelling unit, provide at least one architectural projection not less than two feet from the wall plane and not less than four feet wide, or 3. Vertical and horizontal modulation of roof lines and facades of a minimum of two feet at an interval of a minimum of 40 feet on a building face or an equivalent standard which adds interest and quality to the project; and 4. Provide building articulation and textural variety. Add a new minor row heading as follows: Upper Story Setbacks Under the CD column add the following text: N/A Under the CO column add the following text: N/A Under the COR column add the following text: COR 1 Zone: N/A COR 2 Zone: N/A COR 3 Zone: To consider shade/shadow effects and encourage compatibility, the following upper-story setbacks shall apply in the COR-3 Zone. Upper Story Setbacks: Buildings or portions of buildings which exceed fifty feet (50') in height which are located within one hundred feet (100') of the shoreline shall include upper story setbacks for the façade facing the shoreline and for façades facing publically accessible plazas as follows: The minimum setback for a fifth story and suceeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story. Also refer to Building Height requirements. Projects not meeting the upper story setbacks defined above may be approved through a modification process 34 4-2-120.0 CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLES FOR COMMERCIAL ZONING DESIGNATIONS Amend condition#12 to read as follows: 12. RESERVED. Amend condition#16 to read as follows: 16. COR 2 is applied to the property known as the Port Quendall Site. COR 3 is applied to the property known as the Shuffleton site. 8 ORDINANCE NO. 4802 SECTION VIII. Subsection 4-2-120.0 of Chapter 2, Land Use Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following condition which reads as follows: 34. COR-3 Zone Only: Application may be made for modification of the upper story setback standards when superior design is demonstrated pursuant to RMC section 4-9-250.D. For a modification to be granted, the project must also comply with the decision and design criteria stipulated in RMC Section 4-9-250.D.2 and D.4. SECTION IX. Table 4-8-120.0 and subsection 4-8-120.D.18 (Definitions R) of Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: TABLE 4-8-120.0 • Under the Site Plan column, amend the following rows: To the row"Construction Mitigation Description" show the number 5 with a footnote 7. To the row"Draft Homeowner's Association Documents, if applicable" show the number 4 with a footnote 7. To the row"Draft Restrictive Covenants, if any" show the number 4 with a footnote 7. To the row"Elevations, Architectural" show the number 12 with a footnote 7. To the row`Elevations, Grading" show the number 4 with a footnote 7. To the row"Floor Plans" show the number 5 with a footnote 7. To the row"Screening Detail,Refuse/Recycling" show the number 12 with a footnote 7. To the row"Site Plan, Land Use Review" show the number 12 with a footnote 8. Amend footnote 6 of Table 4-8-120.0 to read as follows: 6. Only required for residential projects requesting modification to special development standards in a Centers Residential Demonstration District Section 4- 3-120.B.3, or for any development subject to special development standards requiring upper story setbacks in the Center Office Residential-3 (COR-3) Zone, Section 4-2-120.B. Add footnotes 7 and 8 to Table 4-8-120.0 as follows: 7. Not required for Land Use Review Site Plan Level II. 8. Land Use Review Site Plan,Level I and/or Level II, as appropriate. 9 ORDINANCE NO. 4 8 0 2 4-8-120.D.18: Definitions R: Amend"Report on Design Criteria for Modifications"as follows: Report on Design Criteria for Modifications: A written evaluation issued by the Economic Development, Neighborhoods and Strategic Planning Administrator. This report assesses whether a proposed project qualifies as a superior design and is eligible for modification of development standards based on adopted criteria of section 4-3-250.D.3 or D.4. SECTION X. The introductory paragraph of subsection 4-8-120.D.19 (Definitions S) of Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4-8-120.D.19. Definitions S: Amend"Site Plan, Land Use Review"to read as follows: Site Plan, Land Use Review, Level I: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" =20') (or other scale approved by the Development Services Division Director) clearly indicating the following:. SECTION XI. - Subsection 4-8-120.D.19 (Definitions S) of Chapter 8, Permits and Decisions, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition which reads as follows: Site Plan, Land Use Review, Level II: A single fully dimensioned plan sheet drawn at a scale of one inch equals twenty feet (1" =20') (or other scale approved by the Development Services Division.Director) consisting of a conceptual plan indicating the following: a. Information from Site Plan, Level I items a, b, and c. b. A legend listing the following must be included on one of the sheets: • Total square footage of the site, • Square footage (by floor and overall total) of each individual building and/or use, • Total estimated square footage of all buildings (footprint of each building), • Percentage estimate of lot coverage, 10 • ORDINANCE NO. 4802 • • Square footage estimate of all landscaping (total and parking lot), • Allowable and proposed building height, • Building setbacks proposed and required by Code, • Parking analysis, including estimated number, size, and type of stalls required, by use and number of stalls provided, by use. c. General location and size of buildings and uses, d. Phasing of development, e. Major access points and access to public streets, vehicle and pedestrian circulation, public transit stops, f. Critical areas, g. Focal points within the project (e.g., public plazas, art work, gateways both into the site and into the City, etc.) h. Private and public open space provisions, and recreation areas i. View corridors, j Public access to water and/or shoreline areas. SECTION XII. The introductory paragraph of subsection 4-9-200.A, PURPOSE AND INTENT, and subsection 4-9-200.B of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"are hereby amended to read as follows: A. PURPOSE AND INTENT: The purpose of site plan approval (both Level I—detailed site plan review and Level II — conceptual site plan review) shall be to assure that the site plan of proposed uses is compatible with existing and potential uses and complies with plans, policies and regulations of the City of Renton. Site plan elements subject to this section include, but are not limited to, site layout, building orientation, pedestrian and vehicular access, signage, landscaping, natural features of the site, screening and buffering, parking and loading arrangements, and illumination. Site planning is the horizontal and vertical arrangement of these elements so as to be compatible with the physical characteristics of a site and with the surrounding area. Site plan review does not include design review, which addresses the aesthetic considerations of architectural style, exterior treatment and colors. Site plan review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known, but before final building plans are completed. A secondary purpose of site plan review regulations is to provide a process for Level II site plan approval whereby a conceptual plan, indicating the physical and functional interrelationships between uses and facilities on the site, and allowing consideration and mitigation 11 ORDINANCE NO. 4802 of potential impacts that could result from large scale site and facility development, can be approved and vested to current zoning without the level of detail necessary for Level I site plan approval. The intent of the site plan approval shall be:. B. APPLICABILITY: 1. Site Plan Review, Level I: No building permit shall be issued for any use requiring Level I site plan approval pursuant to this section until the Environmental Review Committee has determined that a public hearing is not required or the Reviewing Official has approved or approved with conditions the site plan application. All building permits issued shall be in compliance with the approved Level I site plan. Site plan review, Level I, is required for: a. All Development in Certain Zones: All development in the Industrial Light (IL), Commercial Office (CO) and Public Use (P-1) Zones and CC, CN, CD, CA, CS, COR, and the Residential Use — Maximum 10 Units per Acre (R-10), Manufactured Housing Park (RMH), Residential Multi-Family (RM) and Residential Use- Maximum 14 units per acre (R-14) Zones. b. Specified and Secondary Uses: Secondary uses and other uses specified within each zoning district, provided that: i. Exceptions for Secondary Uses: Where secondary uses are required to file an application for a site plan review by the provisions of the zoning regulations, but would otherwise be exempt from the site plan review requirements, the decisions of the Zoning Administrator shall not be subject to public notice and comment, or the requirement for a public hearing. c. Development within the Valley Planning Area: All development within the Valley Planning Area. d. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. 2. Site Plan Review, Level II - Applicability: Level II Site Plan Review is optional in all zones except the COR zones where it is required pursuant to section 4-2-120.B, Special Review Process. 12 ORDINANCE NO. 4802 SECTION XIII. The introductory paragraph of subsection 4-9-200.C.1 and subsection 4-9-200.C.2 of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 1. Development Exempt from Site Plan Review in All Zones (except R-10, R- 14, and COR zones): In all zones, the following types of development shall be exempt from the requirements of site plan review: 2. Development Exempt from Site Plan Review in the R-10, R-14, and COR Zones: In the R-10, R-14, and COR Zones, the following types of development shall be exempt from the requirements of site plan review: a. R-10 Zones: i. All development categorically exempt from the State Environmental Policy Act (RCW 43.21C and WAC 197-11) and under RMC 4-9-070, Environmental Review Procedures, excluding shadow platting of 2 or more units per section 4-2-110.F. ii. Development of detached or semi-attached dwelling units on legal lots where part of a subdivision application. b. R-10 and R-14 Zones: i. New or replacement detached or semi-attached home on a single previously platted lot. ii. Planned Unit Developments. c. R-10, R-14, and COR Zones: i. Facade Modifications: In addition, facade modifications such as the location of entrances/exits; the location of windows; changes in signage; or aesthetic alterations shall be exempt. ii. Exterior remodeling or expansion of an existing detached or semi-attached home and/or primary residence, excluding the addition of a new dwelling unit(s). iii. Accessory structures otherwise exempt from SEPA review. 13 ORDINANCE NO. 48 0 2 iv. Minor Work in Shoreline Areas: Minor new construction, repair, remodeling and maintenance activities that would otherwise be exempt from site plan approval if they were not located within the Shoreline Master Program jurisdiction. v. Conditional Use Permits. vi. Off-Premises Signs (Billboards). SECTION XIV. The introductory paragraphs of subsections 4-9-200.D and 4-9- 200.E of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: D. CRITERIA TO DETERMINE IF PUBLIC HEARING REQUIRED: In all cases, the public hearing for site plan review should be conducted concurrently with any other required hearing, such as rezone or subdivision, if the details of the development are sufficiently defined to permit adequate review. A public hearing before the Hearing Examiner shall be required for all projects if:. E. DECISION CRITERIA FOR LEVEL I AND LEVEL II SITE PLANS: The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria in subsections E and F as applicable. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation. The site plan review criteria include, but are not limited to, the following:. SECTION XV. Section 4-9-200.D of Chapter 9, Procedures and Review Criteria of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection 5 which reads as follows: 5. Level II Site Plans: Level II Site Plans, where applicable, pursuant to RMC section 4-9-200.G.9.b or c. 14 X I A. • --------'--\ «� \ - � ���_�_� ` \ - -�_---------- ' �` _-___-_-_-_'�_-' _-.�____-_' __-___- ` � � , _- ' ' ` [-Y-� ��� `�-/ /--- ` . ---�-- � «�\,_� _---_ � ^ \ - �^� / \ \ \ ` ` \`_'/ � - � ^ ORDINANCE NO. 4802 SECTION XVI. Section 4-9-200.E.1 of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection k which reads as follows: k. Additional Special Review Criteria for COR Zones only: i. The plan is consistent with the Planned Action Ordinance, if applicable; and ii. The plan creates a compact, urban development that includes a compatible mix of uses where appropriate; and iii. The plan provides an overall urban design concept that is internally consistent, and harmonious with development on adjacent sites; and iv. The plan incorporates public and private open spaces to provide adequate areas for passive and active recreation by the occupants/users of the site, and/or to protect existing natural systems; and v. _ The plan provides view corridors to the shoreline area where applicable; and vi. Public access is provided to water and/or shoreline areas; and vii. The plan provides distinctive focal points such as public area plazas, prominent architectural features, or other items; and viii. The plan assures adequate access to public streets; and ix. The plan accommodates and promotes transit, pedestrian, and other alternative modes of transportation. SECTION XVII. Subsection 4-9-200.E.2 of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by inserting a title designated F in front of subsection E.2 which reads as follows: F. ADDITIONAL REVIEW CRITERIA FOR LEVEL 1 SITE PLANS 15 ORDINANCE NO. 4 8 0 2 and subsections 4-9-200.E.2 through E.7 will be now be renumbered as subsections F.1 through F.6. SECTION XVIII. Section 4-9-200.E of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection 2 which reads as follows: 2. Waiver of Further Consideration of Level I Criteria: Approval of a Level II Site Plan which was not combined with a Level I site plan application may have satisfied portions of RMC 4-9-200.F. The Reviewing Official or his or her designee has discretion to waive those portions of the requirements that have been satisfied by the Level II site plan approval. Whenever the Zoning Administrator or his or her designee has discretion to note those portions of the requirements as having been satisfied by the Level II plan approval, such sections of the Code shall be detailed and that portion of the approved Level II plan wherein the requirements were satisfied shall be cited by the Reviewing Official or his or her designee in the approval of subsequent phases and waive further-consideration of them. SECTION XIX. Section 4-9-200.F of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby renumbered as section 4-9-200.G, SITE PLAN REVIEW PROCEDURES:. SECTION XX. Subsection 4-9-200.G.3 of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 3. Submittal Requirements and Application Fees: Shall be as listed in RMC 4-8- 120C, Land Use Applications, and 4-1-170, Land Use Review Fees. Consistent with section 4-9-200.B, an applicant may submit: a. A Level I site plan; or b. A Level II site plan; or 16 - ORDINANCE NO. 4802 c. A combined Level I/Level II site plan for the entire site: or a. A Level II site plan addressing the entire site, and a Level I site plan(s) for one or more phases of the site that address(es) less than the entire site. SECTION XXI. Subsection 4-9-200.G of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by inserting a new section 8 which reads as follows, and renumbering the remaining sections accordingly: 8. Special Review For Planned Actions: A consistency review shall be conducted by the Zoning Administrator for proposals submitted under the authority of an adopted Planned Action Ordinance. If found consistent with the Planned Action Ordinance including required conditions and mitigation measures, the Zoning Administrator shall notify the applicant of the departmental comments and the consistency analysis consistent with section 4-9-200.G.6. Revisions or modifications may be made in accordance with section 4-9-200.G.7. Once these steps have been completed, the Zoning Administrator shall forward the Level II Site Plan to the Environmental Review Committee to determine if a public hearing before the Hearing Examiner is required. If found inconsistent with the Planned Action Ordinance, the Zoning Administrator shall notify the applicant of the departmental comments and the consistency analysis consistent with section 4-9-200.G.6. Revisions or modifications may be made in accordance with section 4-9-200.G.7. If the application is still found to be inconsistent once these steps have been completed, the Zoning Administrator shall forward the findings to the Environmental Review Committee to determine if additional environmental review is required. The application shall then follow the process, subsection 9.b for Level II Site Plans with no applicable Planned Action Ordinance. If the application is modified to be consistent with the Planned Action Ordinance, the Zoning Administrator shall forward the proposed Level II Site Plan to the Environmental Review Committee to determine if a public hearing before the Hearing Examiner is required. SECTION XXII. Subsections 4-9-200.G.9 and G.12.d of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 17 ORDINANCE NO. 4 8 0 2 9. Environmental Review Committee to Determine Necessity for Public Hearing: a. Level I Site Plans: Upon receipt of final departmental comments and after the close of the public comment period,the Environmental Review Committee shall determine the necessity for a public hearing on the site plan for those projects that have not been reviewed as part of a Level II site plan pursuant to RMC 4-9-200. Where a Level II site plan is approved, subsequent site plans submitted for future phases may be submitted and approved administratively without a public hearing. b. Level II Site Plans without Planned Action Ordinance, or Combined Level I/II Site Plans Without Planned Action Ordinance: i. COR Zones: The Hearing Examiner shall consider the application and hold a public hearing consistent with section 4-9-200.G.12, except the Examiner shall issue a recommendation rather than a decision. The City Council shall consider the recommendation of the Hearing Examiner and issue a decision on the application. ii. Other Zones: The provisions of 4-9-200.D shall apply. Upon receipt of final departmental comments and after the close of the public comment period, the Environmental Review Committee shall determine the necessity for a public hearing before the Hearing Examiner on the site plan. If a hearing is required, the procedures in section 4-9-200.G.12 shall apply. c. Level II Site Plans Under Planned Action Ordinance or Combined Level I/II Site Plans Under Planned Action Ordinance: The Environmental Review Committee shall consider the following criteria to determine if a hearing before the Hearing Examiner should be held regarding the Level II Site Plan and any associated site plan applications. A hearing before the Hearing Examiner is required unless both of the following criteria are met: i. One or more public hearings were held where public comment was solicited on the proposed Planned Action Ordinance, and, ii. The environmental impact statement for the Planned Action reviewed preliminary conceptual plans for the site which provided the public and decisionmakers with sufficient detail regarding the scale of the proposed improvements, the quantity of the various types of spaces to be provided, the use to which the structure will be put, and the bulk and general form of the improvements. 18 ORDINANCE NO. 4 8 0 2 If a hearing is required, the procedures in Section 4-9- 200.G.12 shall apply. If a hearing is not required, the Zoning Administrator shall render a decision on the proposed application consistent with section 4-9-200.G.10. 12.d. Modification of Plan Subsequent to Public Hearing and Prior to Decision: In all cases, if an applicant can demonstrate that a site plan can be made consistent -with the review criteria and general purposes by alternative modifications to the site plan, the Hearing Examiner shall accept the alternative modifications as conditions of approval and approve the site plan. If a public hearing on the site plan application has already been closed, the modifications proposed by the applicant shall be administered according to subsection I of this section. SECTION XXIII. Section 4-9-200.G of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby renumbered as section 4-9-200.I, MAJOR ADJUSTMENTS TO AN APPROVED SITE PLAN, and amended to read as follows: Major adjustments to an approved site plan require a new application pursuant to subsection G of this section. The review and approval shall rest with the approval body which approved the original site plan. Major adjustments involve a substantial change in the basic site design plan, intensity, density, use and the like generally involving more than a ten percent (10%) change in area or scale. SECTION XXIV. Section 4-9-200.H of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: H. MINOR ADJUSTMENTS TO AN APPROVED SITE PLAN: Minor modifications may be permitted by administrative determination. To be considered a minor modification, the amendment must not: 1. Involve more than a ten percent (10%) increase in area or scale of the development in the approved site plan; or 19 • ORDINANCE NO. 4802 2. Have a significantly greater impact on the environment and facilities than the approved plan; or 3. Change the boundaries of the originally approved plan. SECTION XXV. Section 4-9-200.I Of Chapter 9,Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby is renumbered as section 4-9-200.J and reads as follows: J. TIMING OF BUILDING PERMITS: Building permits shall not be issued until the appeal period for an approved Level I Site Plan has expired. SECTION XXVI. Section 4-9-200.J Of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby is renumbered as section 4-9-200.K and is amended to read as follows: 1. Level I Site Plan: The final approval of a site plan shall expire within two (2) years of the date of approval. A single two (2) year extension may be granted for good cause by the approval body which approved the original site plan. The approval body may, however, determine at its discretion that a public hearing may be required for such extension. 2. Level II Site Plan: For a non-phased Level II Site Plan or a combined and non-phased Level I/Level II Site Plan approval, the approval body shall determine an appropriate expiration date for the site plan which may exceed two years, but shall not exceed five years. An applicant shall submit a Level I Site Plan for the site within the specified time frame if a Level I Site Plan was not combined with the Level II Site Plan application. The Zoning Administrator may grant a one year extension for good cause provided the applicant submits a request 45 days in advance of the original expiration date. SECTION XXVII. Section 4-9-200.K Of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General 20 ORDINANCE NO. 4802 Ordinances of the City of Renton, Washington" is hereby is renumbered as section 4-9-200.L and is amended by changing the title to this section and amending subsection 2 which read as follows: L. EXCEPTION TO TIME LIMIT FOR LEVEL I OR LEVEL II PHASED PROJECTS: 2. Authority for Extension of Time: The Reviewing Official may grant site plan approval for large projects planned to be developed or redeveloped in phases over a period of years exceeding the normal time limits of subsection K of this section. Such approval shall include clearly defined phases and specific time limits for each phase. SECTION XXVIII. Section 4-9-200.L Of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby is renumbered as section 4-9-200.M. SECTION XXIX. Section 4-9-210 of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4-9-210. RESERVED. SECTION XXX. Subsection 4-9-250.D of Chapter 9, Procedures and Review Criteria, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection 4 which reads as follows: 4. ADDITIONAL DECISION CRITERIA ONLY FOR CENTER OFFICE RESIDENTIAL-3 (COR-3) ZONE: For a modification to special upper story setback standards in the COR-3 zone, RMC Section 4-2-120.B, the department shall rely on the recommendations contained within the Report on Design Criteria for Modifications prepared by the Economic Development, Neighborhoods and Strategic Planning Administrator or designee as the basis for approval or denial of the request. In addition to the 21 ORDINANCE NO. 4802 criteria in section 4-9-250.D.2, the request for modification in the COR-3 zone requirements for upper story setbacks shall meet all of the following criteria: a. In comparison to the standard upper story setbacks, the proposed building design will achieve the same or better results in terms of solar access to the public shoreline trails/opens space and publicly accessible plazas; the building will allow access to sunlight along the public trail/open space system and plazas abutting the shoreline during daytime and seasonal periods projected for peak utilization by pedestrians. b. The building will create a step in perceived height, bulk and scale in comparison to buildings surrounding the subject building. SECTION XXXI. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this 25th day of October , 1999. Marilyn J. tet n,City Clerk APPROVED BY THE MAYOR this 2 5th day of October , 1999. Jes anner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 10/2 9/9 9 (Summary Only) • ORD.814:10/14/99:as. 22 Amends ORD 4802 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4850 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-8-120.D.19 OF CHAPTER 8, PERMITS AND DECISIONS, OF TITLE IV, DEVELOPMENT REGULATIONS, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CLARIFYING THE REQUIREMENTS FOR APPLICATION FOR SITE PLAN LEVEL II FOR PROPERTY ZONE COR, AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-8-120.D.19, Definitions S, of Chapter 8, Permits and Decisions, of Title IV, Development Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding subsection k.to the definition of Site Plan, Land Use Review, Level II,to read as follows. k. For property zoned COR the site plan must include and be signed by the owners of all adjacent and abutting properties with COR zoning as required by RMC 4-2-120.B. SECTION II. The City Council hereby declares an emergency and this ordinance shall be effective immediately upon publication. PASSED BY THE CITY COUNCIL this 24 t hday of July , 2000. Marilyn J. ete s , City Clerk APPROVED BY THE MAYOR this 24 t h day of July , 2000. litA. , , .S=710:). -4.--,---3-"---________-- ifse Tanner,Mayor 1 ORDINANCE NO. 4 8 5 0 Approved as to form: awrence J. , City Attorney DateofPublication: July 27, 2000 (Summary) ORD.866:7/24/00:ma. 2 Port Quendall Parties of Record Name Address City,State Zip Telephone Info Arrogoni, Madeline 907 N 34`"St Renton, WA 98056 425-255-2860 Borovskis, Denise 606 120tt Ave NE, Suite D Bellevue, WA 98005 206-465-1016 www.skylineproperties.co m ' www.borovskis a,myway. corn Browne, Kim 425-226-7791 kbrowne@halcyon.com Clinton, Stephan City of Federal Way Federal Way,WA 98063 425-255-6658 Comm. Dev. Dir. PO Box 4252 253-661-4109 W Cloy, Ling 425-793-7063 Dunlap, Bill 11814 115th Ave NE Kirkland, WA 98034 Dye,Al 13913 SE 139th St Renton, WA 98054 _ Fawcett, Greg M. PO Box 1029 Fall City, WA 98024 33609 Redmond-Fall City Rd Fawcett, Robert 600 108`h Ave NE#700 Bellevue, WA 98004 425-452-8000 (Bob) 425-452-1110 fawcetrl(n�sverdrup.com VM Marsh, Jerry 425-277-0607 206-612-6802 cell Mike 425-255-4396 Poom, Frank 425-277-0607 frankenwee(a,yahoo.com Thompson, Scott PO Box 76 Mercer Island, WA 98040 206-517-5892 Tommyroger(a�aol.com _ Wong, G gsan 88(a,,yahoo.com Mike Creegan 517 Smithers Avenue S. Renton, WA 98055 425-255-4396 Reinhold Volmer 86115 113th Avenue SE Newcastle,WA 98056 Keith CIC Evaluation Group Bellevue, WA 98004 425-635-0424 1020 108th Avenue NE , #119 Jerry Kierig Pan Abode Homes Renton, WA 98050 425-255-8260 4350 Lake Washington Blvd. N