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HomeMy WebLinkAboutUC-92-003 `' 'T '�" CITY'�F RENTON � Planning/Building/Public Works Department Ear( Clymer, Mayor Lynn Guttmann,Admic�istrator April 17, 1992 �If�'lr��'4���ft�!'�) Mr. Lyle Barger ���: ,� (� P.O. Box 1046 Weliton AZ 85356 _.•�'�� `.P t Y C�L�F�iC`�C+�tCE SUBJECT: BRIAR PATCH PLAT Pursuant to our letter of March 30, 1992, we have approached the Renton City Council recommending that an exemption from the sewer moratorium be granted for your ten lot plat. At their regular meeting of April 13, our City Council granted the exemption with the following conditions: 1) The exemption is subject to all pertinent codes, permits, and fees of the City of Renton; and 2) A Temporary Service Agreement be recorded against each parcel in the plat. Said documents shall require that the owner(s) of the property covenant and agree to participate in the cost of the East Renton Interceptor up to, but not exceeding, a cost of One Thousand Dollars (S 1,000) per lot. The fee for the East Renton Interceptor will be due and payable thirty (30) days after the adoption of a Special Assessment District or other form of assessment. These agreements will be developed and provided by the Wastewater Utility. With the granting of this exemption,'the ball is now in your court. We will be anticipating the resubmittal of your plans (with each and every item from the February 24, 1992 review comments adequately addressed) and an accompanying letter stating what action your engineer has taken on each review comment. It is time to bring this plan review to closure, and it is your responsibility to initiate this process and ensure that your engineer complies with the City's engineering plan review comments. Please note that the City Drafting Standards (previously enclosed) do apply to this project. If you have any questions in regard to these issues, please call Gregg Zimmerman at (206) 277-6178. Very truly yours, �� Lyn G ttmann, Administrator BARG-LTRlMAB:If cc: Gregg Zimmerman David Chriatenaen Mike Benoit Arneta Henninger Marilyn J.Peteraen, City Clerk 200 Mill Avenue South - Renton, Washington 98055 � � �pPl��'V�� UTILITIES COMMITTEE 7 /�� 9� `�� COMMITTEE REPORT April 13, 1992 BRIAR PATCH EXEMPTION FROM SANITARY SEWER MORATORIUM (Referred April 6, 1992) The Utilities Committee recommends concurrence in the staff recommendation that the ten lot development known as Briar Patch be granted an exemption from the sanitary sewer moratorium. This exemption is subject to all pertinent codes, permits, and fees of the City of Renton and the additional condition that a Temporary Service Agreement shall be executed and recorded against each parcel in the plat. Said documents shall require that the owner of the property covenants and agrees to participate in the cost of the East Renton Interceptor up to, but not exceeding, a cost of One Thousand Dollars (S 1 ,000) per lot. The fee for the East Renton Interceptor will be due and payable thirty (30) days after the adoption of a Special Assessment District or other form of assessment. While the moratorium supersedes all prior commitments for health and safety reasons, this recommendation is made based on the following facts: 1) The flows to be produced by this development in relationship to the capacity of the existing sewers and the safety margin built into the model are insignificant. 2) The staff report to and the subsequent report by the Hearing Examiner are strong prior commitments. � sse Tanner, Chair "� .T�d'�� Bob Edwards, Vice Chair � � ��r � ` Timoth J. S I' zer, Member Y � / UCRBRIAR/MAB:If cc: Lynn Guttmann GreQp Zimmerman Mike Benoit � April 6. 1992 �Renton Ciri Council Minutes Pa�e 156 Utility: Briar Patch, Utility Systems submitted request for exemption from sanitary sewer Sewer Moratorium G moratorium for Briar Patch development, ten single-family lots, located at Exemption, 198 � 198 Union Avenue NE (R-074-88). Refer to Utilities Committee. Union Ave. NE (R- 074-88) MOVED BY EDWARDS, SECONDED BY MATHEWS, COUNCIL APPROYE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Conespondence was entered from 47 concerned citizens regarding Citizen Commen� 47 legislation to control parking and storing of junk cars, recreational Letters - Control of vehicles, boats, etc., in residential yards. Junk Cars, Recreational Vehicles, Councilman Stredicke stated that no ordinance has been approved on this Boats, Etc, in issue. He clarified that his intent in requesting the legislation was to Residential Yards ensure the maintenanc� of Renton's quality of life, and that he was not advocating restrictions that would preclude recreational vehicle owners from pazking RV's on residential property. Councilman Tanner suggested that abandoned/junk cars and recreational vehicles be addressed as separate issues when considering legislation. MOYED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL REFER THE CORRESPONDENCE TO THE PLANIVING AND DEYELOPMENT COMMITTEE. CARRIED. OLD BUSINESS Referred 3/16/92 - Transportation (Aviatioa) Committee Chairman Transoortation Stredicke presented a report stating that the Federal Aviation (Aviationl Comm[ttee Administration (FAA) requested the eaecution of a Letter of Agreement Public Works: LOA (LOA) to re-establish responsibilities for control of the movement of with FAA, Movement aircraft and vehicles on the aircraft movement and non-movement areas of Aircraft & of the Airport. This agreement will replace a previous LOA with the Vehicles at Airport FAA, dated 2/1/80. - The Committee recommended that the Council approve the LOA between the FAA and the City, Subjec� Movement/Non-Movement Areas; and authorize the Mavor and Citv Clerk to execute the agreement for the City of Renton. MOYED BY STREDICKE, SECONDED BY TANNER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Police: Property Use Councilman Stredicke requested a report from the Administration on the & Parking, Second & Bryant Motors property at Second and Garden to determine whether it is Garden, Bryant in violation of City regulations and whether illegally parked vehicles are Motors blocking the stop sign at that location. Utilities Commtttee Refened 3/23/92 - Utilities Committee Chairman Tanner presented a Utility: Cedar River report stating that the Committee recommended concurrence with the Basin Watershed Administration's recommendation to approve the interlocal agreement Project Agreement, between King County and the City of Reaton for the development of a CAG-030-92 watershed action plan for the Cedar River Basin. The Committee recommended that the Mavor and Citv Clerk be authorized to execute the interlocal agreement, and that the resolution regarding this matter be presented for reading and adoption. MOYED BY TANNER, SECONDED BY STREDICKE, THAT 'THE COMMITTEE REPORT AND THE RESOLUTION BE ADOP'TED AS READ. CARRIED. (See Page 158 for Resolution #2891.) '�rr+' ''� April 13. 1992 Renton Citv Council Minutes Paae 168 jurisdictions. He advised that he vetoed SB 6273, and has directed the Department of Agriculture to lead an interagency group, consisting of the departments of Labor and Industries, Community Development, and Health and Ecology to coordinate a process to review the issue of local pesticide regulation. Council President Keolker-Wheeler expressed appreciation to Councilmembers, citizens, and organized groups who lobbied against this bill. OLD BUSINESS Referred 3/23/92 - Utilities Committee Chairman Tanner advised that the Utilities Committee proposed agreement with PACCAR for mutual sharing of cost to complete Utility. PACCAR, a 72-inch drain line in Garden Avenue and related improvements north Drain Line, Garden & of Park Avenue will be held in committee until 4/20/92. Park Avenues Utility: Briar Patch, Referred 4/6/92 - Utilities Committee Chairman Tanner presented a Sewer Moratorium report stating that the Committee recommended concurrence in the staff Exemption, 198 recommendation that the ten-lot development known as Briar Patch be Union Ave. NE (R- granted an exemption from the sanitary sewer moratorium. 074-88) This exemption is subject to all pertinent codes, permits, and fees of the �� . City of Renton and the additional condition that a temporary service agreement shall be executed and recorded against each parcel of the plat. Said documents shall require that the owner of the property covenants and agrees to participate in the cost of the East Renton Interceptor up to, but not exceeding, a cost of One Thousand Dollars ($1,000) per lot. The fee for the East Renton Interceptor will be due and payable thirty (30) days after the adoption of a Special Assessment District or other form of assessment. While the moratorium supersedes all prior commitments for health and safety reasons, this recommendation is made based on the following facts: 1) The flows to be produced by the development in relationship to the capacity of the existing sewers and the safety margin built into the model are insignificant. 2) The staff report to and the subsequent report by the Hearing Examiner are strong prior commitments. MOVED BY TANNER, SECONDED BY EDWARDS, COUNCIL ADOPT THE COMMITTEE REPORT AS READ. CARRIED. Vacation: VAC-92- MOVED BY MATHEWS, SECONDED BY SCHLITZER, COUNCIL 001, Sunset Ln. NE & REMOVE STREET VACATION OF PORTION OF SUNSET LANE NE NE l lth St. (Piha; AND NE 11TH STREET (PIHA/KARL) FROM THE TABLE (VAC- Karl) 001-92). CARRIED. (Tabled on 4/6/92) Utilities Committee Chairman Tanner presented a report stating that following further review and clarification, the Utilities Committee recommended concurrence with the original recommendations as set forth in the issue paper presented at the public hearing on 4/6/92 concerning the subject street vacation. Therefore, if the City Council decides to vacate the right-of-way the petitioner is requesting, the conditions for approval should include the following: � . � � CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Pl3ririlIlg/BU11d1IIg/PUbI1C WOLICS For Agenda of: DeptDi�Board.. Utility Systems DiviSloT� A ril 6, 1992 Staff Contact...... M11C0 BOI101t, Wastewater Utility Agenda Status Conaent.............. X Subject: Public Hearin g... Exemption from Sewer Moratorium for Briar Patch Correspondence.. Ordinance............. Reaolution............. Old Busineas........ Exhibits: New Business....... Issue Paper Study Sessions....... Information.......... Recommended Action: Approvals: Legal Dept............ Refer to Utilities Committee Finance Dept...... O t h er................... Fiscal Impact: Expenditure Required... jv/[� Transfer/Amendment....... Amount Budgeted.......... N/[� Revenue Generated......... Summary of Action: Mr. Lyle Barger has a preliminary plat approval for a lot he owns within our existing sewer moratorium. The plat would create ten single-family lots. Mr. Barger needs an exemption from the moratorium to install the improvements necessary to complete his requirements for final plat approval. STAFF RECOMMENDATION: That Mr. Barger be granted a conditional exemption from the sewer moratorium for his ten lot plat currently known as Briar Patch. AB-BRIAR/MAB:If . � � CITY OF RENTON MEMORANDUM DATE: March 30, 1992 T0: Jesse Tanner, Chair Members of Utilities Committee VIA: Mayor Clym r FROM: Lyr�u ann, Administrator Planning ilding/Public Works Department STAFF CONTACT: Mike Benoit, Wastewater Utility SUBJECT: Exemption from Sanitary Sewer Moratorium for Briar Patch (Lyle Barger - Developer) BACKGROUND: On April 3, 1989, a Determination of Non-Significance was published for Briar Patch. On May 9, 1989, a public hearing was held before the Hearing Examiner for, among other items, a preliminary plat approval and rezone of the property. The preliminary plat was approved by Council on June 5th of that year. On July 17, 1989, Council passed the sanitary sewer moratorium (Resolution 2764). DISCUSSION: Mr. Barger's property is within the Heather powns Sub-Basin. During the public hearing before the Hearing Examiner (May 9, 1989), testimony was given indicating that the sewers in that basin may have a capacity problem and that this plat should be allowed to connect to the system subject to the execution of a temporary service agreement. It was subsequently determined that the Heather powns Sub-Basin is at capacity based on the data provided by the model of our sewer system. On July 17, 1989, Council passed the sanitary sewer moratorium (Resolution 2764). Mr. Barger claimed that he was "vested" and that the City should guarantee sewer to his property. The City Attorney has reviewed the case and has made the determination that the moratorium has the effect of staying other approvals and that Mr. Barger is not "vested". (See attached letter dated April 15, 1991 .) � � � March 30, 1992 Page 2 Sewage flows are not at a constant rate. They are a series of low flows, high flows, and peak wet weather flows. Sewers are, therefore, designed for a "worst case scenario". Since we do not know for sure what that flow will be and we hope to never be in the situation to find out, the City's sewer model was created with a safety margin built in. By using this safety margin, we hope to avoid any health hazard. Staff can understand the ambiguity created by the written conditions of the plat approval and subsequent sanitary sewer moratorium. Because of this ambiguity, it is staff's opinion, in this specific situation, that since the flow from the additional ten lots would be within the safety margin, the City should grant an exemption for this plat. RECOMMENDATION: Staff recommends that Mr. Barger be granted an exemption from the sewer moratorium for Briar Patch. This exemption is subject to all pertinent codes, permits, and fees of the City of Renton and the additional condition that a temporary service agreement shall be executed and recorded against each� parcel in the plat. Said documents shall require that the owner of the property covenant and agree to participate in the cost of the East Renton Interceptor up to, but not exceeding, a cost of One Thousand Dollars (S 1,000) per lot. The fee for the East Renton Interceptor will be due and payable thirty (30) days after the adoption of a Special Assessment District or other form of assessment. IP-BRIAR/MAB:If _ — •,r: �I ' �' � � -. �� ,,� �,, ���.�_�,����'1 , � , TY�F RENTON -� � k �'^ �.,,;,� ;;; .�, � ��,,� �''�>= � ��� Office of the City Attorney Earl Clymer, Mayor �t:,�`;'''' �,.�. � _. . � � r'r„-`y¢J[•�^-' ��_� �...t.. ... �::� ��i�/9/ _ t:'c.; • Ps.i��.�?: ��✓+4,�;�.;�i �r�i��. .`.•� ;, ;'`,' ,t`'�' 4''�"��4 i.a�e � l.:G— ��-dj�a�L,�.���v ���,.V April 15, 1991 TO: Lynn Guttmann, Administrator Department of Planning/Building/Public Works FROM: Lawrence J. Warren, City Attorney STAFF CONTACT: Dick Anderson, Utility Systems Manager✓ Mike Benoit, Wastewater Utility Engineer RE: Briar Patch - Sanitar� Sewer Moratorium Dear Lynn: In response to your memo of April 10, 1991 I have once again reviewed the documentation with respect to the Briar Patch. Things have not really changed since my memorandum of November l, 1989 . To answer your specific question, a Determination of Non- Significance and the hearing examiner' s report do not guarantee a development right. A subsequent moratorium adopted by the city council has the effect of staying the other approvals . Mr. Barger apparently argues that he has vested rights . The vested rights doctrine relates to the right to utilize the codes and regulations in effect at the time a materially complete building permit application has been filed with the city. The fact that sufficient utility capacity was available when the applicant obtained a preliminary plat approval or a rezone does not mean that the same holds true at the time of building permit application. If other construction has used up the available capacity, the city cannot allow a later developer to hookup to the system and endanger the entire system. Finally, Mr. Barger apparently argues that he has an unlimited time to take advantage of the environmental determination and preliminary plat. That may be the case. However, a preliminary plat and an environmental determination do not necessarily mean that one has the right to a building permit. The fact that sufficient sewer capacity may have been available at the time the applications were filed does not guarantee that the capacity will be available later. What is more, a staff inember' s statement that sewer capacity was available does not supersede the city council 's later determination that capacity is not available. At least from my experience, staff does not have the capability to overrule city council policy. Post Office Box 626 - 100 S 2nd Street -Renton, Washington 98057 - (206) 255-8678 _ . ., , , Lynn Guttmann, Admin�''trator '"� April 15 , 1991 Page 2 If Mr. Barger wants to build despite the present sewer moratorium he must obtain authorization to do so from the city council . The administrative staff is powerless to act in defiance of the city council direction. Lawrence J: Warren LJW:as . cc : Mayor Clymer A8 . 68 : 60 . C1rncr'anil�Carncr Construction (i3riar (':r�,, � P(', V, nn�i R-074-88 May ►5, 1989 Page 2 Reviewing the proposed Preliminary I'lat for ten (10) Iots with a minimum of 7200 sq. ft., Ms. Ulauman staled this proposal coinplies wiU� the Comprehensive I'lan's design Cor residential development in the city; meets front, sicle ancl re�r y�rd setb�cks with (he exception vf Lot ttl now housing a residence (v;triance Cor Lol es I sell��ck has been requeslecl); tlie lols coni��ly wi(li subdivision regulations fur size and arr�ngenienl. 'I he residential roaclway cloes nol coniply with respect lo configuration, sidewalks, planting strips ancl cul-cle-sac - and these concerns �vere adclressed in lhe v�riance requests. Slaff does fcel tlie boundarics o( the ��lat �re rcasona�le; there are no s(cep slo��es on the site; tlie localion of the parcels is acce��tabFe; a���>roximalely 100 �dclitional vehicle trips per day are expecled lo be generatecl but not antici���ted (o procluce adverse ini��acls on tl�e current roaciway system. Slaff feels any imp�cls can be miligated by lhe properly owners. f'l�nner f3lauman con(inued with a review oC (he tl�ree Vr�riance requesls to include pipestem access lo Lot #9 (pipeslems are not usually permilled on residential property), a variance for 40 ft. right-of-way to include street improveme�ts and � front yard oC ap�iroximately IS feet for proposed Lot t�l. f'roperty surrounding (his site is cither alreacly in use oF not av;�ilable for develc>��men1; and the configuration of the a�ptican�'s sile has required extensive sludy and work for lhe city 1nd applicant in order lo prescnt him wi(h tlie best possiUle use (or lhe si(e given it's perimelers. 'I�he (ire department turnaround has been accepted; the 32 ft. wicle right-of-w�y is felt by slaCf to be �dequate. Staff suggested these variances �vill provicle the applic�nt with lhe s�me reason�ble developinent rights as oU�er propertie� in lhe city �nd will enh�nce the efficienl use and �ccess o( lhe property. ' It was sugges(ecl that �n aciclitional conclition be placed on lhe properly which would provide for an easement to be recorded to provide for mainlenaijce of lhe emergency vehicle lurnaround by the owner of Lot tt8. Ms. fil�uman expresscel sup��ort by staff of the Rezone, I'reliminary I'lal �nd Variance requests and reviewed the recoiumended conditions contained wi(liin tlie Preliminary Re�ort as shown on page #9 - wilh the addecl conclition for � Variance to include the filing of an easement for maintenance of the emergency veliicle lurnarouncl by the owner oC l.ot t�8. Tes�ifying for the City was I3ob Br�v. �nQineerina Uec�rtment. Citv oC Renton, who referred to the sani�ary sewer line providcd for tliis p�rticular area. [Ie read into'�the �ecord,�.Exl�ibit;;#6 stating:this, plat sliould be al(owed to hook up .to the syslem suUject to execut�n��a 4e�npora�yyservice:ag�eementy requiring them to p�rticip�te in tlie..cost of a`new (runk line �t such time'ns �t is cons[ructed,_ancl that� Uiis agrcement Ue recorded with the sale of each lot in the�subdivision': Mr. Uray said that sewer plans required by the ERC havc not bcen submitteQ to rngineering to dale �nd would need to be approved for a final plat - liis departmcnt lias only reviewed �nd �pprovcd preliminary nlans Cor the sewer system as well �s a streel ancl utilily syslem. Mr. I3rny advised there nre slill minor problems wiU� the stornt dr;�inage system which he is confi<lent can be worked out before lhe final drawings. Also testifying for the city �vas Garlh Crav �t�rm Waler lilitv Den�rtment ��� f Renton. Mr. Cray sla(ed lhe storm watcr system now m ex�slence was brought inlo being while lhe property was in K���g County and �fter review by lhe cily it was delerniined it needed lo be updated. Upgrading the systr.m I<� ❑ 25 yc�r detcnlion ��•ilh � S ��c�r rcicase rale and �n c�scmcnl In h�. rc.r�uircd (o carry the s�ui�n �l�aii�,igc iic�in !I�� ��I,it �i�n��n fu ils cnlianrr in!:� I•i,���lrt����,�1 C��r:ck is Ihc c�nl�- rc��ui�tuiient his tl��.��aitinc�,� tC(��Ir�l; (c�i l��c �,I�I. Ilic �li•;i�,i� c)I il,c a�"Iru� ;:_i!I :�on�c clu�ing Uic I�uililii�� 1`C�rnit �,�c�ccss. Ilc cl;irificcl U�:il �Icvi•In�,nicnl nf I.n� t; ((t ti•:,��il�l I�c cuilail���l t�� ��c�init Ilic city lii��^ la ciclerniine if slorni �va(er cic(enfi�n coulcl hc hr.lcl lci �ii�ies in llie slreet nitd if Iliere is a design �r,l;!�:>� (�or Ihal inclh�cl, thcn L.ot tt 10 cc�ulcl bc uscd for dctcntion ���n��oscs. 'I his cicicrmination will bc ��orked oul before lhe Cinal ��lat. Mr._�f,i����i�e�� �pp�ic�iit, testified in �u�>�iort of his project �ckno��-Icclging his ag�eement wi(h Ihe condilioi�s of the GRC and lhc Cily of Renloii as ��ronosed. Ife is wciking �vilh his engineer on the design of tlie pronosed syslenis,lnd wil! bc ��rocceding as soon as nrelimintir.• t���t �pproval is rcceived. Ile dici nc�te lhat tlie fence on the soulh side of the �are�perly borders Ih^ �en: y��d; ot the [�ern�vood develonincnt and a nroposed sidewalk on that side of the strce.t woulc; scr,��, a� purpo�e as lhere is no access to thn( properly from his sile, ns an �dcled com�nent Mr, Carner re�et�ec[ to lhe condition rega�clin�; a volun�ary con(ril>ution fo the park system. [le �cknowled�;ecl '.:� «•ould have narticip�ted volunlnrily l�ul did not feel llie city she>ulcl esteblish a specific clollar ;i;nounl. ln closing Iv1r. Carner aJvisc<I that tlie mobilc liomc on I,ol t��t lias alreacly bcen ►emoved. "Ihe Examiner G�Iled for further lesfimony reR�rding this project. '1'l�,re ti�•as ac� oiip else wishing to s��eak, and no Curther comments from staCf. 'I he he�ring closed �t IO:i{) 11.�vt. �