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HomeMy WebLinkAboutCouncil 09/13/2010AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  September 13, 2010  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATION a. Tobacco‐Free Teens Back to School Week ‐ September 12 to 18, 2010  4.SPECIAL PRESENTATION a. Return to Renton Car Show Report  5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 8/16/2010.  Council concur.  b. City  Clerk  reports  receipt  of  an  appeal  to  the  Shorelines  Hearings  Board  filed  by  Brad  Nicholson, requesting a review of the approval of Shoreline Substantial Development Permit,  LUA‐10‐041.  Refer to City Attorney Department.  c. Court  Case  filed  by  Renton  Neighbors  for  Healthy  Growth, represented  by  Claudia  M.  Newman, Bricklin  &  Newman,  Attorneys,  requesting  an  order  reversing  the  Wal‐Mart  Expansion Site Plan approval; LUA‐10‐009.  Refer to City Attorney and Insurance Services.  d. Court Case filed in King County District Court ‐ East Division Issaquah (Small Claims) by Puget  Sound Energy, seeking compensation in the amount of $6,100, alleging the City damaged a gas  main in the vicinity of SE 17th Ct. Refer to City Attorney and Insurance Services.  e. Community Services Department submits CAG‐10‐081, 200 Mill Building HVAC Upgrades, and  requests  approval  of  the  project, commencement  of  a  60‐day  lien  period,  and  release  of  retained amount of $33,101.65 to Performance Mechanical Group, contractor, if all required  releases are obtained. Council concur.  Page 1 of 212 f. Community  Services  Department  recommends  approval  of  a  replacement  contract  in  the  amount of $177,185 with MIG to complete the six‐year update to the Parks, Recreation, Open  Space,  and  Natural  Resources  Plan;  and  requests  authorization  to  expend  $8,000  for  City  related expenses as part of the public meeting process.  Council concur.  g. Transportation Systems Division recommends approval of Amendment #1 to CAG‐08‐156, with  the Washington State Department of Transportation, in the amount of $19,430 to extend the  Benson Rd. sewer line to provide future service to area properties.  Council concur.  h. Transportation Systems Division recommends approval of Amendment #1 to CAG‐08‐157, with  the Washington State Department of Transportation, revising the scope of work related to fiber  optic conduit and reducing the amount of the contract by $171,914.16.  Council concur.  i. Transportation Systems Division recommends approval to accept $150,000 in grant funds from  the  Federal  Aviation  Administration  to  develop  an  Airport  Sustainability  Plan.   City  Share:  $7,500.  Council concur.  (See 9.a. for resolution.)  j. Utility  Systems  Division submits  CAG‐08‐115,  Dayton  Ave.  NE/NE  22nd  St.  Drainage  Improvement, and requests approval of the project, commencement of a 60‐day lien period,  and release of retained amount of $8,432.89 to Pivetta Brothers Construction, Inc., contractor,  if all required releases are obtained. Council concur.  k. Utility Systems Division recommends approval of an interlocal agreement with King County for  the transfer of stormwater drainage facilities and property interests within City limits.  Council  concur.  (See 9.b. for resolution.)  8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Finance Committee:  Vouchers; Utility Billing Leak Adjustments  b. Planning & Development Committee:  Shoreline Master Program*  9.RESOLUTIONS AND ORDINANCES Resolutions: a. Agreement with the Federal Aviation Administration to accept grant funds for the Airport  Sustainability Plan (See 7.i.)  b. Interlocal agreement with King County regarding transfer of drainage facilities (See 7.k.)  c. Approve the amended Shoreline Master Program and direct forwarding to the Washington  State Department of Ecology (See 8.b.)  Ordinance for second reading: a. Amending noise level regulations (1st reading 8/16/2010)  10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT     Page 2 of 212 COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   September 13, 2010  Monday, 6:00 p.m.     Budget Update    • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •     CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 3 of 212 3a. ‐ Tobacco‐Free Teens Back to School Week ‐ September 12 to 18,  2010 Page 4 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appeal to the Shorelines Hearings Board of Renton's Shoreline Substantial Development Permit: LUA-10-041, ECM, SM, Brad Nicholson v. City of Renton Meeting: Regular Council - 13 Sep 2010 Exhibits: Petition for Review, Declaration of Brad Nicholson, and Exhibits Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton Recommended Action: Refer to City Attorney Department Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Petition for Review, Declaration of Brad Nicholson, and Exhibits filed as an appeal to the Shorelines Hearings Board requesting a review of the decision to approve Renton's Shoreline Substantial Development Permit, LUA-10-041, ECM, SM, by Brad Nicholson, 2302 NE 28th St., Renton, 98056. STAFF RECOMMENDATION: 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 5 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE SHORELINES HEARINGS BOARD IN AND FOR THE STATE OF WASHINGTON CITY OF RENTON | SEP 0 2 2010 I CI FY CLERK'S OFFICE T" In re the appeal of Renton's Shoreline Substantial Development Permit LUA10-041, ECM, SM: Brad Nicholson, Petitioner, v. City of Renton Respondents. Case No. Petition for Revi AUG 2 6 2010 Name and address of Petitioner: Brad Nicholson 2302 N.E. 28th Street Renton, WA 98056 425 445 0658 brad827@hotmail.com Name and address of Respondents: Vanessa Dolbee/Steve Lee City of Renton Storm Water Utility 1055 South Grady Way Renton WA. 98057 Parties necessary for just adjudication: Property Owner: Port Quendall Company 111437 Attn. Steve Van Til 505 Union Station, 505 5th Avenue South #900 Seattle, WA 98104 Petition for Review ENVIRONMENTAL HEARINGS OFFICE •welters <.-. M Page 1 of20 Brad Nicholson lafry UJarre-n 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 6 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re the appeal of Renton's Shoreline Substantial ) Development Permit LUA10-041, Brad Nicholson, Petitioner, v. City of Renton Respondents. Name and address of Petitioner: Brad Nicholson 2302 N.E. 28th Street ECM, SM: ) BEFORE THE SHORELINES HEARINGS BOARD IN AND FOR THE STATE OF WASHINGTON Case No. Petition for Review Renton, WA 98056 425 445 0658 brad8 27@hotmail. com Name and address of Respondents: Vanessa Dolbee/Steve Lee City of Renton Storm Water Utility 1055 South Grady Way Renton WA. 98057 Parties necessary for just adjudication: Property Owner: Port Quendall Company 111437 Attn. Steve Van Til 505 Union Station, 505 5th Avenue South #900 Seattle, WA 98104 Petition for Review Page 1 of20 Brad Nicholson 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 7 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Proponent: Spencer Alpert Alpert International, LLP 10218 Richwood Ave NW Seattle, WA 98177 Represented by: Jack McCullough 701 5t Avenue, Ste. 7220 Seattle, WA 98104 Parties Served: Washington State Department of Ecology 3190 160th Avenue Southeast Bellevue, WA 98008-5452 Washington office of the Attorney General Rob McKenna 800 5th Avenue Suite 2000 Seattle, WA 98104-3188 This is a request for Shorelines Board review of the decision to approve a Shoreline Substantial Development Permit designated LUA10-041, ECR, SM, issued on August 9, 2010, signed and approved by Renton's planning director "Chip" Vincent. A copy of the decision is attached herewith. I. INTRODUCTORY FACT Evidently, Renton's planning priorities are severely misplaced. The decision has the effect of approving of a Shoreline variance even though no evidence of the necessary criteria is present1 The attached decision contains a bulleted list that claims to describe "each part" of the proposed project while incognizant of the need for a decision balancing the needs of the public. i The burden of proof for a variance RCW 90.58.140(7) is on the applicant. Among other requirements, the circumstances must be "extraordinary" to be consistent tie with requirements RCW 90.58.100(5) Petition for Review BradNicholson Page 2 of20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 8 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 The decision claim that "each part" is included on the bulleted list is very far from being the truth. The words "each part" are misleading, hiding many facts of the true nature and contents of the permit. The following provides a description of some of the absent parts with a bulleted list that is reasonable, truthful, and appropriate: • On the north of the site, a functionally interrelated, interdependent, connected, non-priority, non- water related, non-public, 100% impervious, 5 story tall pre-approved 173 room Hotel with a spa, fitness center, restaurant, and parking lot named "Hawk's Landing depends on the project. Even though required by the SMA to do so, the true proponents of the permit never sought the necessary Shoreline permits, and never sought the necessary storm water or infrastructure facilities on another segment of the same project under a different designation - LUA-09-060, ECF, SA-M, SA-H. The project will have around 350,000 sq. ft. of impervious surface. The Hotel does nothing to further public access or water related or aesthetics interest but instead interferes with those interests. The defective permit is the latest of a series of surprises with regard to how the project's water runoff will be handled. At the Hotel's SEPA hearing, they were able to sneak approval of the bogus "Rain Garden" that violates code and isn't a "Rain Garden at all until after SEPA was performed. They said the "Rain Garden" was going to discharge to the "Ditch" Even though it has been improperly decided to designate the only portion of the "Urban" shoreline that is still undeveloped, the decision is still incorrect and the permit should still be reversed because it does nothing to allow the public to have access to the Shoreline. Some people believe them that there is a "5 0 foot setback" applicable to the proj ect. • On the west, there is a 500 foot long orange scum containing drainage "Ditch" that is obviously contaminated with metals with a very high elevation conveyance output pipe that ponds the site's extremely large quantity of water runoff and infiltrates a significant portion of that water runoff to Quendall Terminals and Lake Washington. Now they are going to fill the "Ditch", which is the opposite of what the project described in the SEPA application for the Hotel project. This would be in lieu of the developer's responsibility, evidently because he refuses to mitigate the impacts of the hotel; a "bait and switch" tactic inconsistent with the previous pleas and decisions. Now, they contend the "Ditch" should be filled with imported material, under the guise that such action is an Petition for Review Brad Nicholson Page 3 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 9 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acceptable continuation of a "direct discharge" to May Creek. It is simply not the case and not true. It is not a direct discharge to May Creek—it presently significantly infiltrates to Lake Washington. What the natural hydrologic regime would be in a natural environment in the area has been totally disregarded. One thing is clear and that is that they dont know if infiltration water will impact Lake Washington and Quendall Terminals or not, but it is easy to see (consistent with the other actions pleas) that the decision was made in support of the contention that the area is already degraded, and that since they are doing nothing to exacerbate the issues, the proposal has no impact. It is evidently hoped that chances of reversal in appeals that may cite impact to the superfund site directly downstream containing extremely hazardous chemicals would be reduced with the tactic, i.e. they will contend that it has already been decided. The "wet biofiltration swale" is being separately permitted on this project for another project it is intended to service, while both have separate numbers which is the first indication that there is a problem. Without utilizing precedent for decisions in the KCSWDM, they want to conceal facts so as to affirm the developer's position regarding refusal to dedicate any Land with the hope that the inconsistencies with the City's Shoreline Management Program will go unnoticed. On the southern 200 feet of the site, there is untouched State Shoreline meeting the criteria for designation as a "Conservation Environment" under Renton's Shoreline Management Plan2. Two regulated wetlands, and a Class one Salmon Stream that should be protected by the Shoreline Management Act and numerous valuable species of wildlife including species listed as 'Threatened" and "Endangered" by the ESA that are directly downstream from the Hotel. At least 10,000 square feet of the site area of the shoreline have been permitted to be bulldozed, and a pit would be excavated and fenced for storm water facilities that are not approved by the Storm water manual3 and would violate important regulatory requirements of the SMA, Renton's SMP and Renton's code. It is represented as an "improvement" over existing conditions even though such representation is unsupported by substantial evidence, and while there is no authority in the 3 The King county Surface water Design Manual (KCSWDM) 2005 or 2009 edition requires the enhanced basic water quality menu to be used for this project. A "wet biofiltration swale" is a feature listed on the "Basic" menu and therefore is not allowed. Petition for Review Brad Nicholson Page 4 of20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 10 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SMA indicating "improvement" is all that is required. More than an "improvement" is required by the SMA and Renton's Shoreline Management Plan. No restoration has been proposed. • With an ill considered location the experimental non-infiltration drainage facility inconsistent with the impositions imposed by the City in previous environmental review will be directed to May Creek should the permit stand. It thereby increases its flow, inconsistent with Renton's SMP with regard to stream alteration causing unknown downstream damage. Increasing the flow of the Creek might be a way to permit the project without drain to Quendall Terminals, but no facts are available indicating that such a decision is consistent with SMA are available. Few if no dissolved pollutants will be removed by the "Swale" even though there is a problem with metal according to the 303(d) Map, the KCSWDM, hydrologic survey of the Creek, (see exhibits) transportation estimates in excess of those permitted, and huge galvanized buildings that are dissolving into the Creek that the developer insisted would remain. It was discovered by the applicant during the SEPA hearing that one of the buildings would not be removed. The galvanized building is about 20,000 sq ft. and "straddling" the Shoreline jurisdictional line. • The decision inappropriately and unreasonably permits a very large "Mystery Area" of available land straddling the shoreline regulatory limits delineation and that is right down the middle of the project. It has never been articulated what development or use will take place on the "Mystery Area" and thus its reasonableness cannot be determined, but it is suitable and possible and natural in size and characteristics to support the facilities that are listed on the "enhanced basic" water quality menu or public use elements. If they don't consider that the metals from the building in the "mystery area" dissolve and drain into May Creek, the permitted project violates the City's own code. Considering the public interest nature of the regulations that are intended to protect those interests with specific design criteria suggest only that the permit is saving the "mystery area" with this stab at approval in hope that more tax generating development can be added later. Depending on whether the dissolving zinc warehouse and other pollution generated by the project would be permitted to remain with absolutely no disclosure as to what use the area of land will be put —only that it is proposed to be continually dissolving heavy metals into the environment and discharging to May Creek—untreated is an important issue that has never been addressed. The permit should also be reversed because of the high traffic and high pollution generating nature of Petition for Review Brad Nicholson Page 5 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 11 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the project. Perhaps the Seahawk's or Spencer Alpert may propose that the use on the 1-2 acre "Mystery area" in the center of the project within Shoreline jurisdiction be described later, on another unlawfully segmented part of the project like was done with the transportation and storm water facilities and previous plans. Originally, Spencer Alpert International applied for this project with the "Rain Garden"4 Whether the current project is the best or correct course of action is a very important question. It was insisted at SEPA that the project would comply with the 2005 KCSWDM, but this project does not comply with it nor is it consistent with the SMP or SMA. This segment of the project is alleged to be only for the transportation and infrastructure segment of the project including storm water. From the outset there have been so many surprises with regard to the project like the "Rain Garden" and the "filling of the "Ditch" The City issued the permit to itself. It would certainly be more compliant with full disclosure if environmental review would be conducted on actual projects, or if subsequent segments would be consistent with the previous, or if the entire true project could be reviewed all at once. The environmental review concluded that the water would be appropriately handled with respect before being discharged to the "Ditch" but now the ditch is proposed to be filled. Surprises like these that include features that have never been fully reviewed will probably continue if this type of procedure is used. The City has segmented the review to include only what is being proposed on each step of what is needed to avoid imposing the Shorelines regulations or impositions on the developer, evidently being driven the idea of securing more economic development. Perhaps that is why it is so frustrating to try to convince the applicant there are appropriate and reasonable solutions to the projects shortcomings. Closing their eyes to the obvious need for a variance or exception to the SMA, SMP, or complying with the storm water manual, evidently relying upon misinformation and misplaced priorities instead, the shoddily and poorly planned piecemeal City "revitalization" permit will needlessly tear up the shoreline 4 Ever since the surprise discovery that the Hawk's Landing "Rain Garden" was really an impervious perforated pipe conveyance system, petitioner and others have put it in quotation marks and it is continued here. Petition for Review Brad Nicholson Page 6 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 12 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 esthetics and disturb habitat, permanently block the area from public access and enjoyment, and discharge its polluted water into May Creek, a "Shoreline of the State", and a "Class 1 Salmon stream" This appeal seeks to prevent the inherent harm caused by the uncoordinated and piecemeal development of Washington's Shorelines and disregard of numerous provisions of RCW 90.58 and Renton's Shoreline Management Plan. II. BACKGROUND FACTS On or around September 10, 2009 Spencer Alpert International applied for and obtained approval for a Master Site Plan for a 5 story, 60 foot high, 122,000 square foot, 173 room hotel, including retail space, a fitness center, a spa, and a restaurant at 4350 Lake Washington Boulevard North in Renton. Proposing to cut 32 trees and proposing to hydro-seed the Shoreline, the Seahawk's considered the project essential for their football operations-although essentially submitted without lawfully articulated street and storm water improvements or a clear picture of the layout of the entire site plan. Another project that is across the street and downstream ofthis project is a 20 some acre parcel commonly called Quendall Terminals, that is presently being scoped for an EIS for 800 residential units and a subdivision for "mixed use" retail development and is the subject of an EPA superfund investigation. No coordinated storm water plan is yet in place for the area. In yet another project, the Seahawk's practice facility next door was able to totally exclude the public from enjoying the shoreline. A Substantial Shoreline development permit was needed for the Seahawk's Hotel project to proceed to perform deconstruction and storm water work and/or stream alteration work within 200 feet of the high water mark on the State's Shoreline, but during it's SEPA hearing surprise Counsel insisted that the area would not be "touched" or deconstructed and thus a shoreline permit would not be required. Placing flower pots on the existing impervious asphalt was mentioned as a possible way to mitigate the distraction. It looks like the way that the proponent will keep his word now is that Planning director Chip Vincent already approved a Shoreline Permit to the City for the project's construction. Spencer Alpert and his Counsel argued that storm water improvements should be identified at the permit stage of the project Petition for Review Brad Nicholson Page 7 of20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 13 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and appropriate facilities would be determined at that time. Counsel for Spencer Alpert also argued that if the City does not take action within 45 days, then the project should be approved automatically. 1400 new trips per day were purported to be generated, parking was to be provided both below the hotel, and on 124 new surface parking spaces, including a number of spaces for "Tesla" electric vehicles. In addition to proposing to construct a "Koi Pond", his bogus "Rain Garden", and installing capillary break building drains to release groundwater just below the sites surface affecting the Hotel, the applicant planned to move 4, 450 yards of cut soil, and place 15,000 cubic yards of fill soil over the top of the existing asphalt Even though the groundwater is nearly at the surface, it was contended that "best management practices" could be used to protect the environment during construction but none were specifically identified. Perhaps the construction water is proposed be directed to the "wet biofiltration swale" but it doesn't say. From a perspective of groundwater flow inferred from test pits and scientific measurements, the "Ditch" water is infiltrating directly upstream into the Port Quendall Superfund site and thence flows to Lake Washington. Port Quendall is severely polluted from past manufacturers of wood preservative products that dumped large amounts of chemicals in numerous areas of the site over decades. In summation, the "ditch" along Lake Washington Blvd is very deep and around 500 feet long, infiltrating a significant portion of its storm water directly to Quendall Terminals. See Massman declaration. In addition to not knowing exactly how much water infiltrates and how much runs off, it is not known how much of the superfund chemicals are being forced or "fluxed" into Lake Washington, this recent discovery was after the Hotel's SEPA hearing. See EPA attachment. There are large patches of percolating chemicals at Quendall 4-6 feet thick at significant depth significantly impacting the water quality of Lake Washington. In order to clean up Quendall Terminals, there will probably need to be hundreds of thousands of cubic yards of contaminated soil removed and replaced on that site. Relevant here, were facts discovered that indicate a significant amount of water from the hotel project and "Ditch" could enter the superfund site through groundwater flow. Massman exhibits. The remediation plan is presently in progress, being conducted by the EPA to guide clean up of Quendall Terminals. EPA Exhibits. The Dept. of Ecology evidently has given up on it. No facts regarding how the remediation facts Petition for Review Brad Nicholson Page 8 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 14 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 might affect the project are available. Obviously, the results are not included in any review of the project because they are not available. The questions raised by the results were the essence of a previous SEPA appeal. SEGB and Brad Nicholson's SEPA appeal to Renton's Hearing Examiner cited the lack of the Hotel projects' compliance with SEPA and the SMA, and lack of a coordinated and compliant Storm water Plan. The entire record of the information contained in the appeal is hereby incorporated into this appeal. The conclusion and decision for the Hotel project indicated that it was normal for the storm water system to remain un-designed and unarticulated until issuance of permits at which time the code would be applied. That is one of the problems. See Declaration of Brad Nicholson. Counsel for Spencer Alpert insisted on splitting the Hotel's hearings into two separate hearings one for SEPA issues and one for substantive site plan code issues. SEGB and Brad Nicholson obtained the testimony of Hydrogeologist Dr. Joel Massman to opine on the issues. On reconsideration to the City's Hearing Examiner, Dr. Massman found that a significant amount of the storm water from the ditch supplies groundwater flow into Quendall Terminals and that the groundwater flows to Lake Washington. The downstream area contains cancer causing chemicals impacting groundwater to depths up to 50 feet, such as (PAH) Poly-cyclic aromatic hydrocarbons, Pentaclorophenol, and (BTEX) Benzine, Tolulene, Ethyl Benzine, and Xylene.. The PAH chemical family and the site contains chemicals such as P-Dibenzodioxin and P-Dibenzofuran. They are considered to be extremely dangerous. The groundwater in that zone flows to Lake Washington. It does not flow to May Creek. The area was and still is of particular concern because, like May Creek the area is considered prime habitat for Puget Sound Chinook Salmon, Coastal Cutthroat and Steelhead Trout. EPA exhibits. There are also recreational swimming areas nearby that pose a threat to humans. May Creek basin and Lake Washington are supporting habitats for the American Bald Eagle and numerous other valuable species. May Creek's Steelhead trout and Puget Sound Chinook Salmon and Coho Salmon are ESA listed species. Recently Dr. Massman's conclusion that there is significant groundwater flow into Lake Washington has Petition for Review Brad Nicholson Page 9 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 15 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 been verified by the EPA; through the underwater data that has been collected around Lake Washington's shoreline as part of the superfund investigations. Dr. Massman calculated the Storm water infiltration/runoff from the Seahawks Hotel that should be supported by what was then an unarticulated water quality facility that would comply with the 2005 KCSWDM, to be 20-25 acre feet per year, which amounts to an annual average 18,000 to 22,500 gallons per day. He noted that 75,214 square feet of Buildings would be removed, but his calculation probably did not take into account the lack of footing drains on the one building that counsel and Spencer Alpert pledged would "not be touched". At least initially, it is also true that his calculations did not take into account other impervious calculations such as transportation mitigation measures or what a "Rain Garden" consisted of according to Spencer Alpert. With the fractionated review, it is next to impossible for anyone to check the calculations with regard to current project's storm water facility size (even though it is on the wrong menu) effectively excluding the public from participating in that aspect of the project. When asked to reconsider based upon the fact that the very high outlet pipe to May Creek causes the ditch to pond and infiltrate significantly to Quendall Terminals, Renton's Hearing Examiner refused, citing "that there is no need" because he had decided the use of the "Best Available Science" was a mandatory requirement and requiring that May Creek was "not to be put into jeopardy" would suffice, and then at Spencer Alpert's insistence Renton's City Council overturned his decision by changing the terminology to the use of "Best Management practices" and that "whatever "Rain Garden" feature" could be used as long as it would satisfy the 2005 design manual and be discharged to the "Ditch" They never decided or addressed whether more storm water flow would be added to May Creek or not or whether or where a different compliant feature might be located or what type or size it might be because at the time, no complete plan was in existence. Neither was a Shoreline permit sought at that time. They reiterated that "best management practices" would be used during the dewater operation needed for construction but did not identify any of them. Sometime after the appeal requesting more consideration of the impacts of the project, the City identified State money citing community revitalization interests to provide mitigation measures for the Enterprise. This appeal follows: Petition for Review Brad Nicholson Page 10 of20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 16 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. TIMING A. This petition is timely filed according to WAC 461-08-340 because it is filed within 21 days of the date the decision was made. WAC 461-08 states that, "A petition for review by any person aggrieved by the granting, denying or rescinding of a permit on shorelines of the state shall be filed with the board within twenty-one days of the "date of filing" as defined in WAC 461-08-305. IV. JURISDICTION A. The permit appeal issues are regulated by RCW 90.58.140(1) stating a development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of the chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program, and RCW 90.58.140(2) stating, "A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter"; B. State Law RCW 90.58.180(1) provides that "Anyperson aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may, except as otherwise provided in chapter 43.21L RCW, seek review from the shorelines hearings board by filing a petition for review within twenty-one days of the date of filing as defined inRCW 90.58.140(6). V. STANDING Appellant Brad Nicholson is a resident of the City of Renton and member of SEGB who lives a very short distance from the site, and uses the May Creek Shoreline and Lake Washington waters bodies adjoining the site. Declaration of Brad Nicholson. Brad Nicholson has an active interest in the integrity of City of Renton's land use and environmental review processes, has actively participated in past land use processes including appeals relating to the site and its shoreline, and seeks to ensure that the City abides Petition for Review Brad Nicholson Page 11 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 17 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 its prior decisions and local and state SMA policies, procedures, and mandates and conducts all project reviews in an open, proper and ethical manner, and is negatively impacted by the improper processing and lack of appropriate designs in connection with this project. As a result of the impacts caused by the permit approval, Nicholson will suffer harm from increased damage to the shoreline quality envisioned by RCW 90.58 and Renton's Shoreline plan, including lower water quality in May Creek and Lake Washington than envisioned by local and State Shoreline policies, loss of visual and recreational amenities, and harm to Steelhead Trout and other Salmonids and numerous other wildlife that use these Shorelines that he enjoys. Declaration of Brad Nicholson. Nicholson also has a longstanding interest in the land use decisions of the City of Renton and has made and participated in appeals concerning water quality and environmental protection offish and wildlife in the past. As a result of the City's improper segmentation and fractionated review and decision making with regard to the shoreline permit, Nicholson is already suffering from an inability to comment on a full and completed review of a single true proj ect application and the proj ects lack of attention to design criteria and shoreline management purposes. He enjoys the wildlife in Lake Washington and May Creek basin areas, frequently walks, boat, fish, bicycle, or swim with his family or desires to do so and observe the areas of May Creek surrounding the proposed project, and will be impacted by the loss of water quality and wildlife, recreation, and esthetic enjoyment associated with this project. See declaration of Brad Nicholson. The improper review of the permit fails to improve the situation that will impact him, using inadequate methods to enhance the natural systems and water quality will impact him, and he will be impacted by the degradation to amenities protected by the SMA, loss of access required by code, and water quality and harm to fish habitat associated with the project's water runoff to either Lake Washington or May Creek. He wants to have his community planned and development consistent with the provisions of the Renton Comprehensive Plan Environment Element and Renton's Shoreline Master Program and State Law, and will be injured by the City's denial of the right to such a community without reversal of the Shoreline Permit and consideration of all the facts that are relevant to this appeal. Declaration of Brad Nicholson. Petition for Review Brad Nicholson Page 12 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 18 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VI. JOINDER WAC 461-08-445 applies in this case. The presiding officer is requested to join parties including permittee, permitting agency and any other interested person or entity in accordance with civil rule 19. VII. ASSIGNMENTS OF ERROR A. Without a variance or exception. Director Chip Vincent erroneously or arbitrarily and capriciously approved the Shoreline Substantial Development permit even though the following required design criteria of Renton's Shoreline Master Program and 90.58.020 RCW have not been incorporated into the project's design: 1. Renton Shoreline Master Program Urban Designation regulations § 5.03.01(D) reading as follows, "To enhance waterfront and ensure maximum public use, industrial and commercial facilities shall be redesigned to permit pedestrian waterfront activities" and, 'Where practicable, various access points ought to be linked to non-motorized transportation routes, such as bicycle and hiking paths" note: A hotel and parking structure is not a water-dependent use given priority for shoreline development under RCW 90.58.020 see Gislason v. Town of Friday Harbor, SHBNo. 81-22 (1981); Clifford, et at, v. City of Renton and Boeing, SHB No. 92-52 (1993). Development consisting of a unified structure, such as a connection pipe to a storm water facility servicing the project, which is part in and part out of the shoreline with a potential for an adverse shoreline effect, is "within" the shoreline for the purposes of the SMA. see Weyerhaeuser v. Kins County, 91 Wn.2d 721, 592 P. 2d 1108 (1979). Since the pipe is connected and the storm water facilty is intended for the Hotel, it is also "on" the shoreline under RCW 90.58.140(2), and requires a shoreline permit for the entire project. Public access and habitat protection will be needed, as reflected by the master provision, an important value under the SMA. RCW 90.58.020 see Silver Lake Community Council v. City of Everett, SHB No. 80-04 (1980). Petition for Review BradNicholson Page 13 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 19 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Public access and habitat preservation are both part of the public trust values, which inhere in the SMA. see Caminiti v. Boyle, 107 Wn.2d 262 (1987). Because the Decision Maker failed to inhere those values, the permit as approved fails to meet the requirements of both SEPA and the SMA 2. Renton Shoreline Master Program Utilities Landscape Native Vegetation regulations § 7.19.01 (A) (1) reading as follows, "The native vegetation shall be maintained whenever possible" note: Public access is not the only shoreline value protected under public trust through the SMA. The policies of the SMA specifically contemplate "protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life... RCW 90.58.020. 3. Renton Shoreline Master Program Local Service Utility specifications § 7.19.04 (D) (1) covering discharges of pollutants reading as follows, " Discharges of pollutants into water courses and ground water shall be subj ect to the Department of Ecology, Corps of Engineers, and the Environmental Protection Agency for review of permits for discharge" note: It is necessary for Renton to comply with the terms of the NPDES permit issued to it as an MS4 jurisdiction. See Puget Soundkeeper - Stormwater is recognized as the leading contributor to water quality pollution in urban waterways in the United States. Ex. MUNI-0127, Fact Sheet, p. 8. In December 1999, the federal Environmental Protection Agency (EPA) issued new rules regarding the regulation of municipal stormwater. Ex. COA-0028, Moore Testimony. EPA finalized the Phase II rules in 2000 (EPA Phase II Rules), which applied the NPDES permit program to certain small municipal separate stormwater sewer systems (called MS4s). Ex. MUNI- 0127, Fact Sheet, p. 3. Emmett Testimony. The EPA Phase II Rules provide that the permits must require regulated MS4s to "develop, implement, and enforce a stormwater management program (SWMP) designed to reduce the discharge of pollutants ... to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act." 40 C.F.R. §122.34(a). cite, Puget Soundkeeper Alliance; People for Puget Sound; Coalition of Governmental Entities v. State of Washington Department of Ecology, Department of Transportation PCHBNOS. 07-022, 07-023 4. Renton Shoreline Master Program Stream Alteration regulations § 7.17.02 (A) (B) reading as follows, "Stream Alteration in unique and fragile areas is prohibited" and "Stream alteration solely for the purpose of enlarging the developable area of a parcel of land or increasing the economic potential of a parcel of Petition for Review Brad Nicholson Page 14 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 20 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 land is prohibited" note: RCW 90.58.020 "The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation" and "In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state" and, "To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline" 5. Renton Municipal Code 4-6-030 (A)(l)(2)(3), Renton Municipal Code 4-6-030 (C), Renton Municipal Code 4-6-030 (D)(2), Renton Municipal Code 4-6-030 (E)(3)(h)(ii) note: Maple Valley Citizens for Responsible Growth v. City of Maple Valley and Richard and Jill Brown SHB NO. 03-014 is distinguished in that the proposal discharging to Pipe Lake was not on the shoreline, not a salmon bearing water, it did comply with the KCSWDM, and they provided money and resources to insure by covenant that it would not pollute the Lake. None of those facts exist here. 6. KCSWDM 2009 edition § 1.2.8 Core Requirement #8 Water Quality, KCSWDM 2009 edition § 1.2.8.1 Area Specific Water Quality Facility Requirement, KCSWDM 2009 edition Definitions section page 13, KCSWDM 2009 edition §6.1.2 Enhanced Basic Water Quality Menu. Note: a "wet biofiltration swale" is not an infiltration feature and not a stand alone enhanced basic feature. 7. The permit is inconsistent with RCW 90.58.020, "Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state" The hotel is not on the list. 8. The permit is inconsistent with RCW 90.58.020 design criteria, "Permitted uses inthe shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water" Petition for Review Brad Nicholson Page 15 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 21 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The permit is inconsistent with RCW 90.58.020 policy, "The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest" 10. The permit is inconsistent with RCW 90.58.020 policy, "There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines" B. Renton's Planning Director Chip Vincent, by approving the Substantial Development Permit approved a fractionated and piecemeal project in violation of core requirements of the SMA 90.58 RCW. 1. A proposed development that includes both shorelines and uplands is properly reviewed in its entirety for consistency with the SMA. see Merkelv. Port of Brownsville, 8 Wn. App. 844 (1973). The SMA review is applicable to those portions of a proposed development that lie within the shoreline as defined under RCW 90.58.030 and those portions of a project than may have adverse impacts on the shoreline. See also Weyerhaeuser v. King County, 91 Wn.2d 721 (1979); Allegra Development Company. Inc. v. Wright Hotels v. City of Seattle, SHB No. 99-08 (1999). The reference to "adjacent lands" inthe shoreline management act (RCW 90.58.100(2) (e)), is a reflection of the legislative scheme that lands adjacent to shorelines must be considered together with the area extending 200 feet inland from high water in order to achieve the consistency necessary for a systematic and intelligent management of the shorelines. "A single improvement or project of a governmental agency including and having an interrelated effect on both uplands and shorelines cannot be divided into segments for purposes of complying with the provisions of the environmental policy act and the shoreline management act" cite: Appletree Cove Protection Fund v. Kitsap SHB No. 93-55 Petition for Review Brad Nicholson Page 16 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 22 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The issue applicable here, the piecemeal consideration of environmental impacts from broader development plans, "is one which strikes at the very core of both the State Environmental Policy Act and the Shorelines Management Act". Appletree Cove Protection Fund v. Kitsap SHB No. 93-55 (emphasis supplied) The question, therefore, is whether the City may take a single project and divide it into segments for purposes of SEPA and SMA approval. The frustrating effect of such piecemeal administrative approvals upon the vitality of these acts compel an answer in the negative. The factual situation in Merkel and Appletree cove is remarkably similar to the present case. In Merkel and Appletree Cove, an overall scheme of development existed, but only one piece was submitted for environmental review. In the instant case, an overall Project Master Plan exists and has been reviewed, but at that time only part of the project was submitted for environmental review Now they are doing the storm water and transportation measures inconsistent with that review. The fractionated review is why significant questions about shoreline impacts have never been addressed. A conclusion that the City has an obligation to conduct a review of its entire Master Plan under the SMA, and lay out the overall Master Plan of development including a storm water plan, public access water related use plan, and location of and priorities of the facilities in the context of the Shorelines permit application, prior to proceeding with a permit for one portion of the Plan is in order. At the same time, failing to use that master plan (which is what has occurred) to assess the overall environmental impacts of future development under this permit only leads to preventable damage to the natural environment which is the right of all citizens of the state. The test that is employed is that, the connection or link must be "dependant" on the other piece Piecemeal review is impermissible where a "series of interrelated steps [constitutes] an integrated plan' and the current project is dependent upon subsequent phases, see Cheney v. Mountlake Terrace, 87 Wn.2d 338, 345, 552 P.2d 184 (1976) also, Murden Cove Preservation and Protection Association v. Kitsap county 41 Wn. App. 515 stating, WAC 197-10-060 (1) and (2) provide in part: (2) The total proposal is the proposed action, together with all proposed activity functionally related to it. Future activities are functionally related to the present Petition for Review Brad Nicholson Page 17 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 23 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proposal if: "(a) The future activity is an expansion of the present proposal, facilitates or is necessary to operation of the present proposal; or "(b) The present proposal facilitates or is a necessary prerequisite to future activities. The latest codification is as follows: WAC 197-11-060 (b) Proposals or parts of proposals that are related to each other closely enough to be, in effect, a single course of action shall be evaluated inthe same environmental document. Proposals or parts of proposals are closely related, and they shall be discussed in the same environmental document, if they: (i) Cannot or will not proceed unless the other proposals (or parts of proposals) are implemented simultaneously with them; or (ii) Are interdependent parts of a larger proposal and depend on the larger proposal as their justification or for their implementation. VIII. GROUNDS FOR REVERSAL A. The project is reversible as piecemeal because it is related to Hawk's Landing closely enough to be a single project and because it can not or will not proceed unless the other proposal is implemented simultaneously and because it is an interdependent part of the larger proposal and depends on the larger proposal as justification for its implementation" Note: The overarching purpose of the SMA is to protect the state shorelines as fully as possible. Buechel v. Department of Ecology, 125 Wn.2d at 203, 884 P.2d 910 (1994). Consistent with this objective and the broad regulatory reach of the statute, the shoreline permit application should describe the full, unified, and integrated physical project, both within and without the shorelines of the state. The facilities or future activity and functionally related work necessary that the project depends on to proceed consistent with the SMA that been ignored by the Decision Maker in this case are as follows: 1. A redesign of the project to permit public access to waterfront activities is needed. 2. The project depends on dedication of Land for location of Storm water Facilities in areas where it is possible to locate outside of the native vegetation. A Redesign of the Shoreline with "preference" to Petition for Review Brad Nicholson Page 18 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 24 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 facilities that would be more representative of that of the natural environment is needed and depends on the entire site plan for its location. 3. The project depends on obtaining additional shorehne permit to remove the zinc galvanized metal warehouse distracting to the shoreline experience and adding pollution. It needs to identify requirements for the Hotel project's necessary work to be performed on the shoreline to remove the building. 4. It is necessary to re-do the original application for the Hotel, to disclose and review that the applicant proposes to alter the flow of the Creek by filling the "Ditch" and requiring the description of the work to be performed on the Development site. They need to include identification of piping and outfall work to be performed on the Shoreline. It depends on whether it is appropriate to issue a permit that has a priority to restore and enhance the natural environment with respect to May Creek water flow. 5. The project depends on additional planning work and additional land dedication necessary to comply with the KCSWDM 2009 edition and Renton's code requirements for the "enhanced basic water quality menu" The land dedication will need to come from the site. The redesign will need to include a design for the project that this permit is intended to serve, such as Treatment Train, Stormwater Wetland, and Stormfilter CF like is outlined on the "enhanced basic" water quality menu B. The Errors enumerated above are grounds for reversal. X. RELIEF REQUESTED A. A declaratory order addressing whether the above Shoreline Substantial Development Permit issued by the City of Renton is consistent with the Shorelines Management Act, the Renton Shorehne Management Program and their implementing regulations, ordinances, and statutes inthe following respects: Issue no. 1: Whether adequate provisions for public use consistent with the Shorelines Management Act, Renton's Shoreline Master program, regulations, ordinances, and statutes have been provided. Issue no. 2 Whether the "Wet Biofiltration Swale" as permitted is adequate to minimize, "insofar as practical" pollution to meet the requirements of the Shoreline Management Act, Renton's Shoreline Master program, and other code regulations, design manuals, ordinances, and statutes. Petition for Review Brad Nicholson Page 19 of 20 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 25 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Issue no. 3: Whether it is possible and appropriate for the "Wet Biofiltration Swale" or for that matter any other storm water facility to be located on a location different than where it is. Issue no. 4: Whether a variance should have been sought for any of the issues, and whether a variance should be granted for the proj ect. Issue no.5: Whether the project is a prohibited uncoordinated and piecemeal development of the State's Shorelines. B. For any and all other relief that the Board deems to be appropriate and just. I have personal knowledge of the facts in this appeal and believe the facts herein to be true and correct Dated this 21st day of August, 2010 Brad Nicholson Petition for Review Page 20 of 20 Brad Nicholson 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 26 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE SHORELINES HEARINGS BOARD IN AND FOR THE STATE OF WASHINGTON In re the appeal of Renton's Shoreline Substantial Development Permit LUA10-041, ECM, SM: Brad Nicholson, Petitioner, v. City of Renton Respondents. Case No: Declaration of Brad Nicholson I, Brad Nicholson, do hereby declare as follows: 1. I am a life resident of Renton, and I have lived about 12 blocks from the above Seahawks Landing Proposal for approximately 30 years. 2. I have a much greater interest in the integrity of the City's processing for this project and the outcome of the City's approvals than the general public or an average citizen of Renton. I created a Washington non-profit corporation specifically for the purpose protecting amenities that this appeal seeks to protect. I have invested a great deal of time and energy participating in land use proceedings and monitoring land use decisions regarding the above and other development proposals. I am the dynamic that inspired ideas that could solve the present design issues for the project. 3. I am aggrieved by the approval of the Shoreline substantial development permit for numerous reasons. I want to review information on the whole project at one time not just a number of pieces of the project, like regarding the storm water facilities such as facility size, placement, capacity, and effectiveness, and public access areas. I want to have my ideas considered and I want to comment on the entire proposal because I would like to have my community planned and developed consistent with the provisions of the Renton's Shorehne Master Program, the Shoreline Management Act RCW 90.58, and a compliant design plan to protect my interests. I find it impossible to consider the reasonableness of the project when some of the most important areas of the project are always being left out. No one can even figure out what they are doing or which improvements they would be willing to do. I am aggrieved by the Declaration Brad Nicholson Page 1 of 4 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 27 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City's denial of my rights to such a community and aggrieved by the fact that development planning does not appear to be properly prioritized. By ignoring State policy and the procedural and substantial protections contained inthe Renton Municipal Code, its Shoreline Plan and State Laws, the City's' decisions deprived me of a Shoreline environment that is so described and that is contrary to the letter and the spirit of those laws. I am aggrieved that practical and reasonable means and methods of protecting water quality and my rights to a shoreline developed consistent with the Laws are not being used or proposed when I know that there has been so much effort by the Department of Ecology to assist the City to develop practical measures to protect our interests according to Federal Laws. I have a wife and son and we enjoy taking walks in May Creek Park just a short distance upstream from the proposal and seeing Salmon and Trout. A few years ago, I personally saw an adult steelhead in May Creek. I have seen sockeye in the Creek just a few feet away from where the project is permitted to take place. We often enjoy seeing Bald Eagles that cruise the area where we live above the May Creek Basin and know that they also depend on water quality and the area habitat. I have seen Hawk's landing above the project site while bicycling. I enjoy boating and fishing in lake Washington. We have a nice canoe that we want to use but we are frightened by the threats the water quality in the area poses, but we enjoy the pleasant break that the May Creek Shoreline provides and wish to improve it. On a few occasions I have enjoyed seeing Deer slipping into the cover of the May Creek Shoreline on the very area that the permit will bulldoze and fence. 4. I am injured by the permit decision in a number of ways. Procedurally, I am harmed by the City's improper processing of the application, including failure to study and properly describe all of the project's required physical characteristics and size and feature calculations required by the code. I am harmed by the failure to properly categorize or identify those features, and failure to submit a complete unified design so that I can develop input and be able to review and comment on an honest proposal. The project is riddled with proposals that have not notified me as to what they are really proposing. I am harmed by the City's failure to conduct a proper consistency review of the storm water design with the SMA and Renton's program for Shorelines. I will be harmed by the damage done to the State's Shoreline amenities by changes in flow and quality of May Creek. 5. Substantively, I will be injured if the project is constructed in noncompliance with the City's code. For example, Renton's past decision and code requires that the storm water features comply with the 2009 Declaration Brad Nicholson Page 2 of 4 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 28 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 King County storm water manual and certain Shorehne regulations, conform to the Shoreline Master Plan, and Comprehensive Plan's elements, goals, objectives and policies, and must mitigate impacts (such as impacts to threatened or endangered species and opportunity for access to the Shoreline's amenities and protection of native vegetation) as well as clear prohibition on alterations and illicit discharges into salmon bearing streams. The City should bear the burden of proof to show the method that will be used to avoid or abate pollution and comply with the above requirements but on this project they have consistently avoided review by submitting segmented and bogus facilities that do not truly explain the full extent of what they are doing. I will be injured if the plan is not designed by taking into account what the natural environment should be. The City's Shoreline plan requires the City to explain the methods that will be used to mitigate pollution impacts to May Creek and demonstrate the necessity of developing the State's Shoreline but they have not done so. The proposal submitted fails to meet any of these criteria. I am injured by the City's failure to follow its own laws and that of the State. 6. If the project is built on May Creek according to inferior standards for Shoreline protection and means of achieving water quality standards in May Creek while being incompatible with the neighboring superfund site, I will suffer harm from the inappropriate risks and direct impacts caused by the project. The urban designations intended to protect my interests should be used and storm water measures to protect my interestsshould be used to protect my interests but as approved in the city's decision they do not provide the degree of protection to my interests as the code or Shoreline plan does and I would want the City to use those measures to protect my interests and the interests of my family. I want to review and comment on a compliant plan or honest effort to formulate such a plan but I have been deprived of that right because of the applications without them. My opinion is that the developer Spencer Alpert is just plain refusing to perform many of the requirements. I would have to do the design, do all of the design work for them, while speculating as to the type of facilities or strategies they might contest. In the past, they have allowed applications to be submitted and reviewed even though they are not the real project. They fooled us and Dr. Massman by saying that they were using a "Rain Garden" in the last application, and this time by saying that the flow of May Creek will not be altered. We actually thought it was a "Rain Garden" and that wasted a lot of our time and resources. I would like to see some effort made to restore natural conditions to the area, which there has not been. Declaration Brad Nicholson Page 3 of 4 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 29 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. I do not have anything against the Seahawk's in general nor do I contend it is likely to be impossible to build a Hotel on the site. But the developer with a great deal more resources than ordinary citizens that come to Renton to have taxpayers like me pay with not only money, but with our Shoreline amenities for the needs of a private enterprise while causing the impacts I complain of does not impress me inthe least. Most disturbing of all to me, is the fact that it appears it is nothing more than a strategy to disregard the City's Shoreline and to save money by using Lawyers to argue the project permits. In Renton they charge $250.00 for each appeal and it is necessary to take the issues to the Council in most instances. That is $500.00 for each LUA, and double or triple that when it is done in pieces. It looks like they just want to wear people down very few people can afford to participate. I am offended that variances are not being sought with regard to non-discretionary design requirements. If they are able to just approve the project without variances, it is just the same as changing the code in response to the particular application. No other people around the area get to do that either. I think it is impacting the vitality of our Shorelines and Health, our Codes, our Laws, and the SMA and in turn the vitality of our community and economy. What it looks like to frustrated citizens like me that take the time to consider the permits is that the developer is just submitting a "low quality and low budget" proposal to save money and then using the Lawyers to cause so much litigation that anyone would want to just forget about it. I consider that to be very foolish and that it will be tragic to the City's long term future. My neighborhood and community is what is suffering now and what will suffer when the project is built. I will suffer and so will my family. In my opinion, compelling the City and the developer to adjust their priorities and plans with Shorelines Board power is the only thing that will improve the situation and protect my interests, that is why I made the appeal. I have personal knowledge of the facts stated in this declaration. DATED this 21th day of August, 2010. Respectfully, ' Nicholson Declaration Brad Nicholson Page 4 of4 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 30 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE SHORELINES HEARINGS BOARD IN AND FOR THE STATE OF WASHINGTON In re the appeal of Renton's Shoreline Substantial Development Permit LUA10-041, ECM, SM: Brad Nicholson, Petitioner, v. City of Renton Respondents. Case No.: No. Exhibits The following exhibits are submitted to support the Petition for Review 1. Copy of Shoreline Substantial Development Permit 2. Project Description 2.1 City Council decision on Hawk's Landing 2.2 Hearing Examiner decision on Hawk's Landing 3. 4 Photos of site 4. 303(d) map 5. Shoreline Master Program and receipt 6. 1st and 2nd Declaration of Joel Massman 7. KCSWDM excerpts 8. EPA area description and investigation results 9. Hydrologic Stream data (KC) 10. Water Quality data (KC) 11. Photo of "swale" area 12. Photo of "ditch" area 13. Photo of May Creek 14. ERC report Hawk's Landing Exhibit List Page 1 of 2 Brad Nicholson 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 31 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. Graham and bunting study 16. Hearing Examiner Decision - Reconsideration 17. Hawk's Landing TIR 18. Appeals to Council 19. Various pleadings, Original Hawk's Landing appeal and its exhibits DATED this 11th day of July, 2009. Respectfully, rad Nicholson Exhibit List Page 2 of 2 Brad Nicholson 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 32 of 212 Exhibits are on file with the City Clerk's office. 7b. ‐ City Clerk reports receipt of an appeal to the Shorelines Hearings  Board filed by Brad Nicholson, requesting a review of the approval of Page 33 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: CRT-10-003; Court Case Renton Neighbors for Healthy Growth vs. PACLAND; Jeff Chambers, PE; Bonnell Family, LLC; Peter Bonnell; and City of Renton Meeting: Regular Council - 13 Sep 2010 Exhibits: Summons and Land Use Petition Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton Recommended Action: Refer to City Attorney and Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Summons and Land Use Petition filed by Claudia M. Newman, Bricklin & Newman, LLP, 1001 Fourth Ave., Suite 3303, Seattle, 98154, on behalf of Renton Neighbors for Healthy Growth, c/o Cindy Wheeler, 425 SW 5th Pl, Renton, 98057, requesting an order reversing the Wal-Mart Expansion Site Plan approval; LUA-10-009, ECF, SA-H. STAFF RECOMMENDATION: 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 34 of 212 1 2 3 4 5 CITY OF RENTON SEP 0 7 201 RECEIVED G1TY CLERK'S OFFICE /; OS p. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY RENTON NEIGHBORS FOR HEALTHY GROWTH, Petitioner, v. PACLAND; JEFF CHAMBERS, P.E.; BONNELL FAMILY, LLC; PETER BONNELL; CITY OF RENTON, ' Respondents. NO. lo-Z-SV^S'^**^ SUMMONS TO THE RESPONDENTS: A lawsuit has been started against you in the above-entitled Court by Renton Neighbors for Healthy Growth, petitioner. Petitioner's claim is stated in the written Land Use Petition, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the Land Use Petition by stating your defense in writing, and serve a copy upon the undersigned attorney for the petitioner within 20 days if service of this Summons is made upon you within the State of Washington, or within 60 days if service is made upon you outside of the State of Washington, excluding the day of service, or a default judgment may be entered against you without notice. _ A default judgment is one where the petitioner is entitled to what it asks for because you have not responded. If you serve a notice of appearance on the undersigned attorney, you are entitled to notice before a default judgment may be entered, \ You may demand that the petitioner file this lawsuit with the Court. If you do so, the demand must be in writing and must be served upon the petitioner. Within 14 days after you SUMMONS -1 CC: Ihayor Lato lajty Darren, liiy ™*y /Ilex A'cteck, CED Mmin. fsJmcy Carlson, HRflm f\dmm Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206)264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 35 of 212 1 serve the demand, the petitioner must file this lawsuit with the Court, or the service on you ofthis Summons will be void. 2 n If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. 4 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State 5 of Washington. Dated this _/_-^aray of September, 2010. Respectfully submitted, BRICKLIN & NEWMAN, LLP KNHG \Superior\Summons 6 7 8 9 10 ii *r- Claudia M. Newman, WSBA No. 24928 12 Attorneys for Petitioner Renton Neighbors for Healthy Growth 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BricMin & Newman, LLP Attorneys at Law CT TTVvTK/irYKTQ 0 1001 Fourth Avenue, Suite 3303 £>U1VLMU1\J> - Z. Seattle \X'A 98154 Tel. (206)264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 36 of 212 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY NO. RENTON NEIGHBORS FOR HEALTHY GROWTH, Petitioner, V. PACLAND; JEFF CHAMBERS, P.E.; BONNELL FAMILY, LLC; PETER BONNELL; CITY OF RENTON, Respondents. LAND USE PETITION Renton Neighbors for Healthy Growth hereby files this Land Use Petition pursuant to the Washington State Land Use Petition Act, ch. 36.70C RCW. A. Name and Mailing Address of the Petitioner 1. Petitioner is Renton Neighbors for Healthy Growth, c/o Cindy Wheeler, 425 SW 5th Place, Renton, WA 98057. B. Name and Mailing Address of Petitioner's Attorney 2. Claudia M. Newman, Bricklin & Newman, LLP, 1001 Fourth Avenue, Suite 3303, Seattle, WA 98154. LAND USE PETITION - 1 Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 37 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C. Name and Mailing Address of the Local Jurisdiction Whose Land Use Decision is at Issue 3. The local jurisdiction who land use decision is at issue is the City of Renton, 1055 S. Grady Way, Renton, WA 98057. D. Identification of the Decisionmaking Body or Officer Along With A Duplicate Copy of the Decision 4. The decisionmaking bodies in this matter were the City of Renton Hearing Examiner, who had original jurisdiction, and the Renton City Council, who had appellate jurisdiction. A copy of the decision in this matter that was issued by the Hearing Examiner on May 31, 2010 is attached hereto as Attachment A. A copy of the City Council approved Committee Report that was issued on August 16, 2010 is attached hereto as Attachment B. E. Identification of Each Person to be Made a Party Under RCW 36.70C.040f2)fbWd) 5. Respondent PacLand, with contact Jeff Chambers, is identified as the applicant for the permit or approval at issue in the Hearing Examiner's written decision, which was adopted by the City Council. PacLand's address is identified in that decision as 1505 Westlake Avenue N., Suite 305, Seattle, WA 98109. 6. The owner of the property is identified in the Hearing Examiner's written decision as Peter Bonnell, Bonnell Family, LLC, 10047 Main Street, No. 509, Bellevue, WA 98004. F. Facts Demonstrating That the Petitioner Has Standing to Seek Judicial Review Under RCW 36.70C.060 7. Petitioner has standing pursuant to RCW 36.70C.060 because Renton Neighbors for Healthy Growth (RNHG) is an interested party that is aggrieved by the impacts of the Wal- Mart expansion site plan. At least one member of RNHG lives near the proposal site and will be aggrieved by the land use change and the increased traffic and land use changes. LAND USE PETITION - 2 Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206)264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 38 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. At least one member of RNHG utilizes the road and will otherwise suffer direct adverse impacts from the land use changes and increased traffic caused by the Wal-Mart development proposal. 9. Petitioner's interests are among those that the City was required to consider when it made the land use decision, and a judgment in favor of petitioner would redress the prejudice to petitioner caused by the land use decision. 10. Petitioner has exhausted its administrative remedies to the extent required by law. RNHG presented the issues that are now being raised on appeal to the City of Renton Hearing Examiner, who had original jurisdiction on the matter. Following denial of its claims by the Hearing Examiner, RNHG filed an appeal as required by the City of Renton Code with the Renton City Council. The Renton City Council issued a final decision that is appealable to Superior Court. G. A Separate and Concise Statement of Each Error Alleged to Have Been Committed 11. The Wal-Mart expansion site plan approval issued by the City of Renton was based upon an erroneous interpretation of law, a clearly erroneous application of the law to the facts, and was not supported by substantial evidence in the record for the following reasons. 12. The City of Renton's decision approving the Wal-Mart expansion was in error because the Wal-Mart proposal is an illegal expansion of a non-conforming structure. 13. The City of Renton's decision approving the Wal-Mart expansion was in error because the proposal does not comply with the maximum frontage setback requirement in the Renton City Code. 14. The City of Renton's decision approving the Wal-Mart expansion proposal was in error because it violates the City's design regulations applicable to District D in RMC 4-3-100. LAND USE PETITION - 3 Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 39 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15. The City of Renton's decision to approve the Wal-Mart expansion proposal was in error because it was based upon incorrect trip generation estimates that had been calculated from faulty analysis. The trip generation estimate was incorrect because it failed to consider the known trip generation characteristics of the site. H. A Concise Statement of Facts Upon Which the Petitioner Relies to Sustain the Statement of Error 16. Jeff Chambers of PacLand filed an application on February 8, 2010 for Site Plan review of a proposal to expand and convert the existing Wal-Mart Discount Store located at 743 Rainier Avenue South in Renton into a Superstore. 17. The existing Wal-Mart contains 134,352 square feet of retail space with an additional 9,000 square feet used for the Garden Center. The proposal for the new Superstore proposed to add 16,000 square feet to the retail space and reduce the Garden Center by 4,000 square feet. The completed project would result in a 150,244 square foot retail building, 745 surface parking stalls, and a 4,701 square foot Garden Center. 18. The project site is approximately 13.6 acres and is located within the Commercial Arterial (CA) and Medium Industrial (IM) zoning designations within Urban Design District "D" in the City of Renton. 19. A public hearing was held before the City of Renton Hearing Examiner on Tuesday, April 27, 2010. After hearing testimony and reviewing evidence, the Examiner issued a decision approving the Wal-Mart Expansion Site Plan on May 13, 2010. 20. Renton Neighbors for Healthy Growth became aware of the project on or about May 17, 2010. The group filed a timely request for reconsideration on May 27, 2010 with the Hearing Examiner asking that the Examiner reconsider his decision on the grounds that are raised LAND USE PETITION - 4 Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 40 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 in this appeal. The Examiner responded to that request on June 10, 2010 indicating that he would not alter the original decision and that he was denying RNHG's request for reconsideration. 2.1. The Renton Code forbids enlarging a non-conforming structure unless the enlargement is conforming or unless it is consistent with the conditions of a rebuild approved permit. 22. The Code does not allow Wal-Mart to expand its facility as proposed. The existing Wal-Mart is a non-conforming structure and Wal-Mart is not seeking, nor has it received, a rebuild approved permit. The enlargement is non-conforming because it violates the City's maximum frontage setback requirement of 15 feet and because it violates several design requirements required in District D. 23. The front streets for the Wal-Mart proposal are Hardie Avenue SW and Rainier Avenue S/SR 167. The proposed structure would be set back from the front property line approximately 555 feet at the closest point, from the Garden Center to Hardie Avenue SW. Therefore, the proposed structure does not comply with the maximum front yard setback of 15 feet in the Renton Code. 24. The Wal-Mart expansion is subject to compliance with design regulations applicable to District "D" and RMC 4-3-100. In those regulations, the City of Renton has set forth a regulatory vision for what development should look like. It is clear when reviewing the requirements that the City has adopted them with an eye towards replacing the current look of commercial areas in District D with more vibrant, walkable, pedestrian-friendly retail areas. 25. The Wal-Mart expansion does not meet the City's vision in the design regulations, nor does it meet the specific regulatory requirements for District D. The proposal is for a typical Wal-Mart big box to expand into a typical Wal-Mart Superstore, with franchise retail architecture LAND USE PETITION-5 Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 41 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and a sea of asphalt located between the building and the front property line. The proposal is not a pedestrian-oriented design by any measure. The proposal is for exactly the opposite of what the City requires in its regulations. Approval of the proposal undermines the City's attempt to change the area. 26. The estimate in the City of Renton's decision for future trip generation of the Wal- Mart expansion was incorrect because it failed to take existing trip characteristics of the site into consideration. 27. In the Examiner's decision, he found that the development would increase traffic approximately 600 trips per day. The City imposed a mitigation fee to help offset the impacts of those additional trips. 28. The Examiner did not utilize the existing store's numbers to predict trip generation for expansion of that store. As a result, the trip generation conclusions were too low for this higher than average traffic producing site. I. Request for Relief WHEREFORE, Renton Neighbors for Healthy Growth request the following relief: 1. An order reversing the Wal-Mart expansion site plan approval on the grounds that Wal-Mart's proposal is an illegal expansion of a non-conforming structure; it does not comply with the maximum frontage setback requirement in the Renton City Code; and because it violates the City's design regulations. 2. An order reversing the City of Renton's decision to approve the Wal-Mart expansion proposal on the grounds that it was based upon incorrect trip generation estimates that had been calculated from faulty analysis; LAND USE PETITION - 6 Bricklin & Newman, LLP Attorneys at Law 1-001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 42 of 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. For an award of plaintiffs' lawful costs, including a reasonable attorney's fee and costs pursuant to Washington law and applicable statutes; 4. For such other and further relief as is just and equitable. 7 -rH ^-"-aay of September, 2010. Respectfully submitted, BRICKLIN & NEWMAN, LLP By: Claudia M. Newman, WSBA No. 24928 Attorneys for Petitioners RNHG\Superior\Land Use Petition LAND USE PETITION - 7 Bricklin & Newman, LLP Attorneys at Law 1001 Fourth Avenue, Suite 3303 Seattle WA 98154 Tel. (206) 264-8600 Fax. (206) 264-9300 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 43 of 212 OFFICE OF THE HEARING EXAMINER CITY OF RENTON May 13,2010 Minutes OWNER: Peter Bonnell Bonnell Family LLC 10047 Main Street, #509 Bellevue, WA 98004 CONTACT/APPLICANT: Jeff Chambers PACLAND 1505 Westlake Ave N, Ste. 305 Seattle, WA 98109 PROJECT NAME: LOCATION: SUMMARY OF REQUEST: Walmart Expansion Site Plan Approval File No.: LUA 10-009, ECF, SA-H 743 Rainier Ave S Site Plan Review for the construction of a additions to the existing Walmart retail facility, which would include 16,000 square feet of additions to the retail space and a reduction of 4,000 square feet in the Garden Ceater and an approximate 16,000 square foot area for outdoor retail sales. Development Services Recommendation: Approve The Development Services Report was received by the Examiner on April 20, 2010. After reviewing the Development Services Report, examining available information on file with tlxe application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the April 2 7, 2010 hezaring. The legal record is recorded on CD. The hearing opened on Tuesday, April 27, 2010, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Exhibit No. 1: Project file containing the original application, reports, staff comments and other documentation pertinent to this request. Exhibit No. 2: Zoning and Neighborhood Detail Map ATTACHMENT A 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 44 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112, SA-H May 13,2010 Page 2 Exhibit No. 3: Site Plan Exhibit No, 5: Tree Inventory Plan Exhibit No. 7: North and South Elevations Exhibit No. 4: Landscape Plan Exhibit No. 6: East, and West Elevations Exhibit No. 8: Laree Page Short Plat Plan (9 pases) The hearing opened with a presentation of the staff report by Rocale Timmons Associate Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98057. The site is located just west of Rainier Avenue S and Hardie Avenue SW between SW 7th Street and S Grady Way. The site is 13.6 acres and is zoned Commercial Arterial and is located within the Commercial Land Use Designation. The applicant is proposing an expansion of the existing Walmart retail facility in the amount of 16.000 square feet. The applicant is further proposing a reduction in the Garden Center from 9,000 square feet to approximately 4,000 square feet. An area would be set aside just north of the expansion area for outdoor retail sales. The Examiner questioned conforming or non-conforming, parking is an example of non-conforming as well as other aspects of the project. Can a legal non-conforming use be expended under the Code? Ms. Timmons stated that as long as it is not more than a 50% expansion; with relation to the parking stalls there are approximately 618 existing, the applicant is proposing only 127 new parking stalls. The applicant is proposing improvements to existing landscaping, lighting and drainage from the site. Access would continue via the current curb cuts along the perimeter streets. The Environmental Review Committee issued a Determination of Non-Significance measures. No appeals were filed. Mitigated with 6 The project does comply with all policies within the Commercial Corridor Comprehensive Plan designation. The project is located within the Commercial Arterial Zoning designation and this project is permitted within this zone. Lot coverage for this site is limited to 65%, the applicant is proposing 840,000 square foot footprint on the site, which results in a lot coverage of 25.3%. CA zone requires a 10-foot minimum front yard setback with a maximum 15-foot setback. There are no other setbacks required in this zone. The front yard setback would be assessed from Hardie Avenue SW and Rainier Avenue S. The proposal does not comply with the maximum front yard setback; however the expansion does increase the conformity of the project in thai it moves closer towards Hardie Ave SW and Rainier Ave S, which then does not require a variance. A short plat was recently approved for the site which would allow Walmart to site structure on its own building pad. The short, plat has not been recorded and this must be done. Height in the CA zone is limited to 50 feet; the applicant has proposed a maximum height of 32' 4". The applicant has provided various roof shapes and heights along the eastern facade to break up the massing of the structure. There are 99 existing trees on site: the applicant proposes to remove 15 trees. Mature vegetation on site should be retained as much as possible. The existing parking layout presented a challenge to the layout; the spacing of the landscape islands could nor be reorganized. The CA zone requires a 10-foot landscape strip along all street 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 45 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13,2010 Page 3 frontages. The applicant has proposed to enhance all existing landscaping in the interior as well as the perimeter of the site. Approximately 55 feet of landscaping would be provided along Rainier Ave as well as 20 feet of landscaping along SW 7th Street. The code requires intervening landscaping every six parking stalls and that is being done in the parking area. Thirty-five feet of landscaping must be provided for each parking stall, 745 ,. parking stalls are proposed, which requires 26,000 square feet in landscaping. The applicant has proposed 30,000 square feet of landscaping thereby meeting the requirements. Fire and Traffic mitigation fees have been imposed by ERC. The applicant has applied for a Refuse Modification in order to reduce the refuse area from 1,500 square feet to 30 cubic yards. The modification was granted administratively due to the proposed compactor that is engineered for high volume usage. No screening detail has been provided and must be submitted to show compliance with refuse and recycle standards. Staff has received several letters as well as a petition that demonstrate the community support for this expansion. Property values in the area are anticipated to be maintained or increased as a result of the project. Vehicular circulation was looked at and found that the access would remain the same as currently used by the retail facility. There was one existing pedestrian connection that runs from the center of the east elevation to Rainier Ave S, the applicant has proposed to increase the width of that pedestrian walkway as well as enhance it with pedestrian scale lighting. An additional pedestrian connection has been proposed from the northern portion of the structure to SW 7th Street. The applicant has proposed 3-5 additional parking lot lighting poles with a height of 40-feet that will match the existing lights on site and surrounding properties. A lighting plan needs to be provided showing both existing and new lighting plans that conform with spillover requirements of the Code. A drainage report has been-submitted stating that the proposed project improvements generate less than .5 cubic feet per second; therefore, the project is-exempt from the flow control requirements. Water quality treatment has been provided in the form of a new bio-swale just north of the expanded parking lot area. The project is located within Design District D, which includes minimum design standard that are to be met and if not met, they must demonstrate how they meet the intent of the code. The proposal complies with the Urban Design District D. The proposed elevations meet the Site Design and Building Location minimum standards with the exception of refuse and recycle elevations. Those were discussed earlier. The proposal does not comply with the minimum standards for parking and vehicular access mainly due to the location of existing surface parking. The situation is existing and the applicant has met the intent to reduce the visual impacts of the parking lot with the use of landscaping. The proposal does comply with all minimum standards within the pedestrian environment. Most of the minimum standards have been met for landscaping. A landscaping maintenance surety device and an irrigation plan must be provided. There are many limitations on building architecture due to the need for altering an existing structure, the intent for the front elevation has been met due to the visual interest provided with the exception of the human scale element. Additional elements could be provided in the area and staff has recommended that that be done. Additional elements need to be provided to the eastern elevation of the facade. A building materials and colors board must be provided to staff in order to insure that quality-' materials have been provided. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 46 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112, SA-H May 13,2010 Page 4 Jack McCullough, McCullough & Hill, 701 5th Avenue, Ste, 7220, Seattle, WA 98104 stated that the applicant looked at a larger expansion, the site is very tight and decided that they could not make it work. The proposal presented today seems appropriate for the site. There has been a lot of attention to the landscaping, some of the planters have been expanded rather than building more landscape bays. The parking requirements of the code do create a range within which the project must fall, one is to look at code compliance for this project and then looking at parking from a demand point of view. The 745 stalls proposed for this site are necessary in order to provide an adequate level of parking to support this facility. Jeff Chambers. PACLAND, 1505 Westland Ave N, Ste. 305, Seattle, WA 98109 stated he wanted to discuss some of the items previously brought forward. In relation to landscaping, during the discussions with staff they expressed interest in definitely keeping as many of the mature trees as possible on the site. The current sidewalk is approximately 3-4 feet wide, that walkway would be widened out and some compact stalls were created in that location. The landscape islands went from approximately six feet wide to approximately 12 feet wide. Rather than adding additional islands to the site, which constrains the stall size, they agreed with staff to expand the existing islands to 10-12 feet wide. By doing that they do meet all code requirements. Some parking stalls were lost along Hardie with the proposed new landscaping. Other parking stalls were lost with the additional landscaping along 7th, which was part of the request from staff. The proposed trash compactor is widely used by many large stores and has been working very efficiently in those facilities. In addition to the compactor there is a bale and pallet area for additional storage. The existing 40-foot lights give a more uniformed lighting level across the site. Industry standard encourages parking areas around four foot candles and front of store areas around 10-foot candles. The current parking lot meets that uniformity. When 25-foot lights are used the spacing ends up about 50-feet apart, the uniformity of the lighting goes from one foot candle to about 8-9 foot candles throughout the parking lot. This creates a bigger safety concern with lighting being too bright and too dark. The number of lighting standards would increase, there would be. more conduits and circuits added to the parking lot. The only lights being added to this site are in the area where the Billy McHale's restaurant was located. Usunobun Osagie, Larry D. Craighead Architects, 211 N Record Street, Ste. 222, Dallas, TX 75202'stated that they would be able to make the suggested changes to the facade with a variety of colors for a more pleasant look. The refuse area will meet the screening requirements as well as gates and a roof on the compactor area. The design of this area does allow for a portion of the roof to remain open for ventilation. The will continue to work with staff to create a workable resolution in regards to the elevation, providing pedestrian amenities and finalize a workable solution that will make everyone happy. They want the City to be happy with this expansion. Jack McCullough stated thai they were going to take an existing facility that is non-conforming in some respects and make it better. Code does not require full conformance. They are consistently working with staff to make the project better. Kavren Kittrick. Community and Economic Deveiopmenl stated thai most utilities were covered under the Shon Plat. All the issues regarding storm drains etc have been worked out to the City's satisfaction, ll is still subject to final review and permitting. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 47 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112;SA-H May 13,2010 Page 5 Parking lot lighting usually does not come under her control, at the time the Walmart was originally built, they were subject to the foot candles being at a level that was common throughout the City at that time. It mostly was a matter of a nice even distribution of light. A lighting plan should be provided, showing that the light is not going to wander off the property. There is some concern about excess lighting on the drainage swale on the west, that lighting should not be increased as it could interfere with the existing bioswale as well as the new one. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:56 am. FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed Hie record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Jeff Chambers for PACLAND, filed a request for a Site Plan approval. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. There was no opposition from the public regarding the subject proposal. 6. The subject site is located at 743 Rainier Avenue South. The subject site includes the existing Walmart store and parking area as well as the former Billy McHale's building and parking area. The site does not include other buildings or parking areas to the north, south and east that includes the Columbia Bank and Jimmy Mac's. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial corridor uses and employment area valley use, but does not mandate such development without consideration of other policies of the Plan. 8. The subject site'is currently zoned CA (Commercial Arterial) and IM (Medium Industrial). The vast majority of the subject site is zoned for commercial uses with the most westerly portion of the site limited to IM uses. The subject site is also governed by the Urban Design District D guidelines. 9. The subject site was annexed to the City with the adoption of Ordinance 1745 enacted in February 1959. 10. The underlying ownership has submitted a short plat to separate the existing and future Walmart areas from surrounding properties. That short plat has been approved but not recorded. 11. The subject site is approximately 594,553 square feet or 13.6 acres. 12. The subject site is essentially level. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 48 of 212 f Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112, SA-H May 13,2010 Page 6 13. The subject site contains 99 significant trees. Code requires 10% of the trees be retained. The applicant proposes removing 5 coniferous trees and 10 deciduous trees or 15 trees in total. The trees that would be removed are in the expansion areas north and east of the main building. Additional landscaping is proposed (see below). 14. Access to the subject site will be unchanged. 15. The applicant proposes remodeling and expanding the existing Walmart complex. The existing complex contains approximately 134,352 square feet of retail space along with 9,000 square feet in its garden center. The applicant proposes adding 16,000 square feet to the store and reducing its garden space to 5,000 square feet. The expansion will occur in five areas. There will be two expansion areas along the eastern or front facade near the main entrance and near the southeast comer of the front facade. The other additions will be a large area along the north facade near its northeast corner and two smaller additions near the northwest comer of the building. The applicant also proposes adding 127 additional parking stalls to its complement of 618 stalls for a total of 745 stalls. 16. The applicant proposes changes to its front or eastern facadeto provide more visual interest. The applicant will remodel the inside of the store as part of its proposed expansion and modification. There will be two entrances into the store from the east. The two entrances will generally divide access to the general merchandize areas and the grocery areas of the store. The entrances will be defined by parapet rooflines that curve in wing-like facades with clerestory windows on either side of a larger curving central entrance wall with a focal point niche containing a larger tree alcove. These vestibule areas would contain seating and trash cans. The roofline will rise to approximately 32 feet 4 inches. 17. The applicant will be redeveloping the garden area to contain more retail space. The new garden center will be located along the northern end of the eastern facade. The roofline along the north will be 21 feet 4 inches matching the existing roofline or that facade's tallest extreme. 18. The applicant requested and was granted a modification to allow a smaller than required refuse and recycling area due to its proposed use of an efficient, high volume compactor unit. These units have been demonstrated to handle waste/recycling materials in other locations. Tne unit will be located in an area away from public areas of the subject site. The screening details were not submitted for this aspect of the proposal. 19. The facade treatment includes additional modulations, the changes in the height of elements along eastern roofline as well as a mix of facade materials. Lighting is also proposed to add to visual interest around the prominent facades. Staff recommended additional elements be added to enhance the appearance and feel of the building for pedestrians on the subject site. In addition, staff wanted the applicant to submit materials boards to verify the quality and appearance features of the exterior treatments. 20. The CA Zone requires a maximum front yard setback of 15 feet in order to locate structures closer to the street and reduce the visual impact of parking along thoroughfares. The proposed expansion would not comply with this requirement providing a setback of approximately 555 feet from Hardie-Rainier. Staff found thai since the expansion encompasses a small portion of the proposed existing complex il does nol trigger a need to conform to the newer, current standards. The setbacks on the north, wesl and south are respectively 1,50 feet. 65 feel and 15 feet. Yard coverage of 65 percent is permitted whereas the proposed coverage is 25.3 percent meeting code requirements. The proposed maximum height of 32 feet 4 inches meets the height limit of the CA Zone's 50 feet. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 49 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 7 21. As noted, the applicant will be increasing the number of parking stalls, mainly in the northem portion of the site in the area where Billy McHale's was located. Code permits a range of parking and the proposed use's range would be between 601 stalls to 751 stalls. The applicant proposes just under the top range of 745 stalls. The applicant's review of parking on site demonstrates the need for the larger complement of parking. 22. Code requires 26,075 square feet of landscaping for the 74.5 stall parking lots. The applicant proposes 65,690 square feet or approximately 40,000 square feet of additional landscaping than required. The new parking areas will comply with code as to the amount and spacing of interior landscaping. The older parking areas will have enlarged landscape pads but will take advantage of the existing conditions to maintain landscape spacing in parking aisles. The applicant suggested that attempting to modify the existing configuration would ehminate many of the larger, mature trees located in the parking areas. Perimeter landscaping already meets code and contains some of the larger, mature trees. These landscape.areas will be enlarged although they are limited to ingress and egress areas, the perimeter of the site is dominated by third party properties, not part of the subject site or expansion plans. .Jfey 23. The development will increase traffic approximately 600 trips per day. The ERC imposed a mitigation fee to help offset the impacts of those additional trips. 24. The uses surrounding the subject site are restaurants, a bank, tire store, retail pad and car dealership. Staff noted that the proposed use has been and will continue.to be compatible with these various uses. 25. Stormwater will be handled by providing for an additional bio-swale to treat surface parking lot runoff. The proposal does comply with the impervious surface requirements of Code. There was concern that lighting might affect the functioning of the bioswales. 26. As noted, the subject site straddles two zoning districts and two comprehensive plan use areas but the v/ vast majority- of "the subject site is governed by the CA Zone and the Commercial Corridor policies. "^ Staff determined as a practical matter that the majority zoning, CA, and use designations, Commercial Corridor, should be applied. 27. The existing parking areas are currently served by light standards that are approximately 40 feet tall. Code currently restricts lighting standards to not more than 25 feet in height. The applicant has proposed matching the existing pole height. The applicant noted that the taller lights provide better overall lighting. Any change to light standards should be done by code amendment. There is nothing critical or unique to justify deviation from the adopted standards. Those standards apply to all development and if they are inadequate then they would be inadequate for all development. While the expanded parking area will be part of the existing complex, the more aesthetically pleasing shorter poles should prevail as it would require strict observation for someone to notice the asymmetry of pole heights throughout the complex. 28. The following Table contains staffs analysis of the proposal's compliance with the Design District D Guidelines: a) Review of Compliance to District V Design Guidelines; The site is located within Design'District 'D'. The proposed project must meet the intent of the Design Regulations where the regulations are applicable. As demonstrated in the table below the proposal 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 50 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-M2, SA-H May 13,2010 Page 8 meets the intent of the Design Regulations on the basis of individual merit if all conditions of approval are met. A. SITE DESIGN AND BUILDING LOCATION: Intent To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity throughout the district. 1. Site Design and Street Pattern: Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for efficiency while maintaining flexibility for future development at high urban densities and intensities of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses. N/A Minimum Standard: Provide a network of public and/or private local streets in addition to public arterials. N/A Minimum Standard: Maintain a hierarchy of streets to provide organized circulation that promotes use by multiple transportation modes and to avoid overburdening the roadway system. The hierarchy shall consist of (from greatest in size to smallest): (a) High Visibility Street A highly visible arterial street that warrants special design treatment to improve its appearance and maintain its transportation function. (b) Arterial Street. A street classified as a principal arterial on the City's Arterial Street Plan. (c) Pedestrian-Oriented Streets. Streets that are intended to feature a concentration of pedestrian activity. Such streets feature slow moving traffic, narrow travel lanes, on-street parking, and wide sidewalks. (d) Internal or local roads (public or private). 2. Building Location and Orientation: Intent: To ensure visibility of businesses; establish active, lively uses along sidewalks and pedestrian pathways; organize buildings in such a way that pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. S Minimum Standard: Orient buildings to the street with clear connections to the sidewalk. / Minimum Standard: The front entry of a building shall not be oriented to a drive aisle, but instead a public or private street or landscaped pedestrian-only courtyard. 3. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. / Minimum Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. N/A Minimum Standard: Multiple buildings on the same site shall provide a continuous network of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. N/A Minimum Standard: Ground floor units shall be directly accessible from the street or an open space such as a courtyard or garden that is accessible from the street. / Minimum Standard: Secondary access (not fronting on a street) shall have weather protection at least 4-1/2 feet wide over the entrance or other similar indicator of access. • Minimum Standard: Pedestrian access shall be provided to the building from property eao? adjacent lots, abutting street intersections, crosswalks, and transit stops. 4. Transition to Surrounding Development 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 51 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 9 intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. ; V Minimum Standard: Careful siting and design treatment are necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. At least one of the following design elements shall be considered to promote a transition to surrounding uses; a, Setbacks at the side or rear of a building may be increased by the Reviewing Official in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; b. Building proportions, including step-backs on upper levels; ' c. Building articulation to divide a larger architectural element into smaller increments; or d. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. 5. Service Element Location and Design: intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. / Minimum Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use (see illustration, RMC4-3-100E7e). Not Compliant Minimum Standard: Garbage, recycling collection, and utili-ty areas shall be enclosed, consistent with RMC 4-4-090, Refuse and Recyclables Standards^ and RMC 4-4-095, Screening and Storage Height/Location Limitations. Staff Comment: Elevations for the refuse and recycle enclosure were not provided with the site plan application. Staff has recommended as a condition of approval the applicant submit elevations for the refuse and recyclable enclosure. Not Compliant Minimum Standard: In addition to standard enclosure requ irements, garbage, recycling collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self-closing doors. Staff Comment: See comments above, Not Compliant Minimum Standard: The use of chain link, plastic, or wire fencing is prohibited. Staff Comment: See comments above. • Minimum Standard: If the service area is adjacent to a street, pathway, or pedestrian- oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. 6. Gateways: Not Applicable B. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other, impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. 1. Location of Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Not Compliant Minimum Standard: No surface parking shall be located between a building and the front property line or the building and side property line on the street side of a corner lot. Staff Comment: The bulk of the parking is existing and located in between the retail store and 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 52 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112, SA-H May 13,2010 Page 10 Rainier Ave S/SR 167. The applicant is proposing to add a total of 127 additional parking stalls of which most would be located to the north of the proposed expansion area and existing parking lot. The parking areas could have negative impacts on the pedestrian environment and the abutting properties without adequate landscape buffers. The applicant is proposing o substantial amount of interior parking lot landscaping in order to minimize to the visual impact in addition to increases in the width of landscape buffers on the perimeter of the site. Specifically perimeter landscaping along Rainier Ave S/SR 157 is proposed at a width of approximately 55 feet and SW f St would have a landscape strip width of approximately 20 feet. The applicant's proposal is successful in meeting the intent of the design standard to minimize the visual impact of the parking located between the building and the street. 2. Design of Surface Parking: Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Not Compliant Minimum Standard: Parking lot lighting shall not spill onto adjacent or abutting properties. Staff Comment: A lighting plan was not submitted as part of the application materials, therefore staff could not verify whether or not there would be light spillover onto adjacent properties. Staff has recommended, as a condition of approval, the applicant submit a site lighting plan to be reviewed and approved by the Current Planning Project Manager prior to construction or building permit approval. V Minimum Standard: All surface parking lots shall be landscaped to reduce their visual impact (see RMC4-4-080F7, Landscape Requirements). 3. Structured Parking Garages: Not Applicable C. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots? and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic. 1. Pathways through Parking Lots: Intent: To provide safe and attractive pedestrian connections to buildings, parking garages, and parking lots. S Minimum Standard: Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas, S Minimum Standard: Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of 150 feet apart. 2. Pedestnan Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. V Minimum Standard: Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties. S Minimum Standard: Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. V Minimum Standard: Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials. •/ Minimum Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: N/A (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 foot minimum unobstructed walking surface and street 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 53 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 11 • / / s trees (see illustration, subsection RMC-4-3-100.G4d). (b) To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries shall be allowed. (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. Minimum Standard: Locate pathways with clear sight lines to increase safety. Landscaping shall not obstruct visibility of walkway or sight lines to building entries. Minimum Standard: All pedestrian walkways shall provide an all-weather walking surface unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. 3. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. / • / Minimum Standard: Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs. These elements shall be a minimum of 4-1/2 feet wide along at least 75 percent.of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. Minimum Standard: Site furniture provided in public spaces sha II be made of durable, vandal- and weather-resistant materials that do not retain rainwater and can be reasonably maintained.over an extended period of time. Minimum Standard: Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. D. LANDSCAPING/RECREATION AREAS/COMMON OPEN SPACE: Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in safe and convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 1. Landscaping: Intent: Landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. •/ •/ N/A S •/ V s Minimum Standard: All pervious areas shall be landscaped (see RMC4-4-070, Landscaping). Minimum Standard: Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton. Minimum Standard: On designated pedestrian-oriented streets, street trees shall be installed with tree grates, For all other streets, street tree treatment shal 1 be as determined by the City of Renton (see illustration, subsection RMC4-3-100.H3a). Minimum Standard: The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. Minimum Standard: The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and nonvegetative elements, reinforces the architecture or concept of the development. Minimum Standard: Surface parking areas shall be screened bv landscaping in order to reduce views of parked cars from streets (see RMC 4-4-080F7, Landscape Requirements). Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, subsection RMC4-3-100.H3b). Minimum Standard: Trees at an average minimum rate of one tree per 30 lineal feet of street frontage. Permitted tree species are those that reach a mature height of at least 35 feet. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 54 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112, SA-H May 13,2010 Page 1.2 r Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. S Minimum Standard: Shrubs at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall be at least 12 inches tall at planting and have a mature height between three and four feet. S Minimum Standard: Ground cover shall be planted in sufficient quantities to provide at least 90 percent coverage of the landscaped area within three years of installation. Not Compliant Minimum Standard; The applicant shall provide a maintenance assurance device, prior to occupancy, for a period of not less than three years and in sufficient amount to ensure required landscape standards have been met by the third year following installation, Staff Comment: Staff recommends, as a condition of approval, the applicant submit a landscape maintenance surety device for a period of no less than three years in sufficient amount as determined by the Current Planning Project Manager prior to temporary occupancy permit. •/ Minimum Standard: Surface parking with more than 14 stalls shall be landscaped as follows: (1) Required Amount: Total Number of Spaces 15 to 50 51 to 99 100 or more Minimum Required Landscape Area* 15 square feet/parking space 25 square feet/parking space 35 square feet/parking space ^ (2) Provide trees, shrubs, and ground cover in the required interior parking lot landscape areas. Not Compliant (3) Plant at least one tree for every six parking spaces. Permitted tree species are those thai reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. Staff Comment: The applicant is proposing to retain most of the trees on site in order to maintain the mature tree cover. As a result of the preservation of the mature vegetation the existing location and spacing of landscape islands had to be maintained. Therefore the landscape spacing, which does not comply with the design requirements of the code, could not be brought into conformity. However, as the situation is existing a modification is not necessary. All new parking areas would comply with the minimum standard for tree spacing. S (4) Up to 50 percent of shrubs may be deciduous. • (5) Select and plant ground cover so as to provide 90 percent coverage within three years of planting; provided, that mulch is applied until plant coverage is complete. • (6) Do not locate a parking stall more than 50 feet from a landscape area. S Minimum Standard: Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced. Not Compliant Minimum Standard: Underground, automatic irrigation systems are required in all landscape areas. Staff Comment: An irrigation plan was not submitted as part of the application. Therefore staff recommends, as a condition of approval, the applicant submit an irrigation plan to and D: approved by the Current Planning Project Manager prior to construction or building permi: approval. 2. Recreation Areas and Common Open Space: Not Applicable E. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 55 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13,2010 Page 13 retail architecture. 1. Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Not Compliant Minimum Standard: All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Staff Comment: The proposal does not include alterations to the blanks walls located on the southern and western facades. Therefore, the applicant would not be required to comply with the modulation requirements for the southern and western facades. The two street-facing elevations, the north and eastern facades, are proposed to be expanded and enhanced with architectural elements; however these facades would also not comply with the minimum modulation requirement. The applicant is proposing two 80-foot vestibules along the approximate 500-foot eastern facade which creates horizontal modulation at spacing which exceeds the 40-foot intervals. However, extending parapets, clerestories, canopies, ornamental lighting and a large planter box with an iconic tree have been provided in order to distinguish the two building entrances as well as to break up the monotony of the large fagade. Based on the limitations of altering the existing structure in addition to the many architectural features provided staff has found that the applicant has achieved visual interest along the eastern fagade thereby meeting the intent of the code. Alternatively, the SW 7 St facing fagade has not provided adequate visual interest. The northern fagade includes the use of three pilaster elements similar to that which is used to wrap around the Garden Center. While the proposed architectural elements add visual interest, which break up the wall plane, there are additional elements that could be added or used to replace the pilaster elements which would reduce the apparent size of the facade. Therefore staff recommends, as a condition of approval, that the applicant submit revised elevations, for the northern fagade, that depict alternative methods to mass and treat the proposed facade. Revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 2. Ground-Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Not Compliant Minimum Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of .a ground floor wall over six feet in height, has a horizontal length greater than 15 feet, and does not include a window, door, building modulation or other architectural detailing; or (b) Any portion of a ground floor wall having a surface area of 400 square feet or greater and does not include s window, door, building modulation or other architectural detailing. Staff Comment: See comments above. Not Compliant Minimum Standard: Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the following: (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or (e) Seating area with special paving and seasonal planting. Staff Comment: See comments above. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 56 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13,2010 Pase 14 S Minimum Standard: Treatment of blank walls shall be proportional to the wal S Minimum Standard: Provide human-scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. Not Compliant Minimum Standard: Facades on designated pedestrian-oriented streets shall have at least 75 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian-oriented street) comprised of transparent windows and/or doors. Staff Comment: The applicant has not provided glazing in the amount specified along the eastern fagade. However, the applicant has provided. extending parapets, clerestories, canopies, ornamental lighting, pedestrian furniture and a large planter box with an iconic tree in order to break up the monotony of the large fagade and provide human scale elements. Based on the limitations of altering the existing structure in addition to the many architectural features and pedestrian amenities provided staff has found that the applicant has achieved visual interest along the eastern fagade for the distant public. However, additional elements could be included in the pedestrian plaza area, beneath the northern canopy that extends to south of the northern entrance, in order to reinforce the intended human-scale character of the pedestrian environment. Staff recommends, as a condition of approval, the applicant provide revised elevations for the eastern fagade prior to building permit approval. The revised elevations shall include additional human scale elements in the pedestrian plaza are, beneath the northern canopy that extends to south of the northern entrance. The applicant is encouraged to include one or more of the following in order to achieve a human scale character: additional glazing, artwork and/or planting beds containing trees, shrubs, evergreen ground cover, or vines adjacent to the facade. Minimum Standard: Other facade window requirements include the following: •/ (a) Building facades must have clear windows with visibility into and out of the buiiding. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50percent. V (b) Display windows shall be designed for frequent change of merchandise, rather tf permanent displays. an V (c) Where windows or storefronts occur, they must principally contain clear glazing. V (d) Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. 3. Building Roof Lines; Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district, V Minimum Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles: (a) Extended, parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. S Minimum Standard: Locate and screen roof-mounted mechanical equipment so that the equipment is not visible within 150 feet of the structure when viewed from ground level. ,/ Minimum Standard: Screening features shall blend with the architectural character of the building, consistent with RMC4-4-095E, Roof-Top Equipment. Not Compliant Minimum Standard: Match color of roof-mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. Staff Comment: Staff recommends, as o condition of approval, the applicant match the color of the roof-mounted mechanical equipmentto the color of exposed portions of the roof 4. Building Materials: 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 57 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 15 Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Not Compliant Minimum Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. Staff Comment: It appears that all sides of the structure are finished using the same color scheme and materials. However, in order to ensure that quality materials are used staff recommends the applicant submit a material and colors board subject to the approval of the Current Planning Project Manager prior to building permit appro val. Not Compliant Minimum Standard: Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for all visible facades. Staff Comment: See comments above. Not Compliant Minimum Standard: Materials shall be durable, high quality, and reasonably maintained. Staff Comment: See Condition above. Not Compliant Minimum Standard: Buildings shall employ material variations such as colors, brick or metal banding, patterns, ortextural changes. Staff Comment: See comments above. F. SIGNAGE: Intent: To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale for the project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest. N/A Minimum Standard: Signage shall be an integral part of the design approach to the building. N/A Minimum Standard: Corporate logos and signs shall be sized appropriately fortheir location. N/A Minimum Standard: Prohibited signs include: i. Pole signs; il. Roof signs; iii. Back-lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as are signs with only the individual letters back-lit. N/A Minimum Standard: In mixed use and multi-use buildings, signage shall be coordinated with the overall building design. N/A Minimum Standard: Freestanding ground-related monument signs, with the exception of primary entry signs, shall be limited to five feet above finished grade, including support structure. All such signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director. Minimum Standard: Entry signs shall be limited to the name of the larger development. N/A G. LIGHTING: intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Not Compliant Minimum Standard: Lighting shall conform to on-site exterior lighting regulations located in RMC 4-4-075, Lighting, Exterior On-Site. Staff Comment: Staff has recommended, as a condition of Approval, the applicant be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties at the time of building permit review. Pedestrian scale and downlighting shall be used in all.cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-Q75 Lighting, Exterior On-Site. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 58 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-Q9-112, SA-H May 13,2010 Pa«e 16 Not Compliant Not Compliant Minimum Standard: Lighting shall be provided on-site to increase security, but shall not be allowed to directly project off-site. Staff Comment: See comments above Minimum Standard: Pedestrian-scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian-oriented spaces, Staff Comment: See comments above 4- CONCLUSIONS: 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public sendees to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The proposal is appropriate given either the "employment area valley" or "commercial corridor" goals and policies of the Comprehensive Plan. The expansion of an existing retail operation could create new jobs and certainly help revitalize the commercial uses of the subject site. The use could also attract patrons to other businesses on this large commercial block. The new design features will also create a more aesthetic focal point in this area of the City. 3. The existing use, a large "big box" establishment does not meet current code requirements .for the setback along its frontage street, the Hardie-Rainier complex. Only an incredibly large expansion or complete rebuild could move the front of the store to the street and parking to the rear. The proposed approximately 16,000 square foot expansion cannot be expected to accomplish the maximum front yard setback of 15 feet. As a practical matter the tradeoff is allowing a reasonably well-designed expansion and revitalized store or probably permitting no change weighs in favor of the excessive setback. The building and expansion in its other particulars, height, other setbacks and lot coverage meets the Zoning Code. Similarly, the parking lot landscaping standards would require a complete redesign of the parking area for whal is a modest remodel. In addition, attempting to meet the newer standards would remove the larger, mature specimen trees. Compliance with Building and Fire codes will be determineci when actual permits for construction are submitted. The two-story facade of the mam complex is not substantially higher than the surroundin" uses and trie 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 59 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 17. large, somewhat landscaped parking areas provide wide separation permitting light and air to enter the site and surrounding sites. The extensive setback, while non-conforming as to the Zoning Code, actually helps the transition between a rather large big box store and its neighboring uses. The neighboring uses to the south, north and east work to ease the transition to the much larger background Walmart store. The new facade treatment with the curved parapets also soften the visual lines of the store. Parking is the dominant feature and while the older landscape spacing does not meet code, the existing larger trees do help to soften the appearance and the parking islands -will be enlarged and the newer parking will meet code. The expanded building will probably be a better neighbor than the existing more utilitarian store. Staff noted that while the site has an exceptional amount of parking, the applicant has gone beyond code requirements to provide additional interior landscaping and perimeter landscaping to shield and buffer the parking lot. 5. The new facade features, the new landscape feature at the front of the store and the new landscaping in the northem parking areas all help to mitigate impacts of the development on the site. As noted, parking is a dominant.feature and frankly, it is hard to disguise the large surface parking areas. The applicant does propose approximately 4,000 square feet of landscaping in excess of the parking lot landscape requirements and over 65,000 square feet of overall landscaping. Pedestrian links through the site and to the surrounding sidewalks help mitigate some of the impacts and do allow pedestrians to circulate on the site and to and from the site. 6. The redevelopment of the site should preserve or enhance overall property values. 7. Access to the subject site will not be changed. The additional parking, while obviously adding to the asphalt jungle, should also reduce the number of cars circling the lot looking for parking thereby cutting down air pollution and conflicts with pedestrians walking to and from parking stalls. As indicated, pedestrian pathways and amenities near the front of the store have been enhanced. •8. While the store has a large footprint, it is rather low-scale and therefore, adequate light and air should be available to adjoining uses that share the block with the applicant's use. 9. The store is served by existing urban irifrastructure. The applicant will be providing additional stormwater treatment with an additional bioswale. 10. In addition to the general site plan review criteria discussed above, there are District Guidelines that are applicable to the subject site. The staff analysis is contained above and except as noted or highlighted in this discussion, that analysis and its conclusions are adopted by this decision. Staff has noted that in most cases the applicant's modest expansion meets the guidelines and the miaimum standards or has justified why their project may not precisely meet some of the standards. 11. The applicant sought and received a modification for the refuse and recycling center and equipment and it appears that the proposed area and methods meet the objectives of the standards. The enclosure will have to meet the standards for containment and screening. 12. As noted above, the 16,000 square feet of remodeled area cannot be expected to close the distance to the street to 15 feet. Taking advantage of the building's existing placement in the overall block and its surrounding stores help achieve a reasonable proposal. Additional or larger landscape specimens should be used where smaller or stunted trees might exist. The additional or better landscaping can help fill in the large space between the street and actual store. 13. The applicant did not submit appropriate lighting details with the exception of proposing light standards 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 60 of 212 Drofiak Apartments Site Plan Approval FileNo.:LUA-09-112,SA-H May 13,2010 Page 1 8 that do not meet code specifications. There is no reason for the applicant to deviate from die existing standards limiting lighting poles to 25 feet. As discussed above, visitors to the site will more than likely not notice the difference in height and changes in zoning and standards should be applied unless there is an overriding reason not to be conforming. The limited aesthetic of shorter poles in the new parking lot does not provide any justification. If the lighting standards that City has adopted are inadequate then that should be addressed in an amendment to code. The applicant shall comply with the newer standards. 14. On the other hand, the loss of mature trees to redesign a compliant parking lot is not an adequate tradeoff. The applicant will be providing more parking lot landscaping than required and will be supplementing the existing landscaping on the limited perimeter areas of the site. The applicant will have to meet irrigation requirements for all landscaping. 15. Staff noted that the facade could use more relief to break up the various facades of the building. Decorative treatment in the way of contrasting or complementary paints or additional molding trim or other architectural features including additional glazing or false windows shall be used to comply with the guidelines. 16. In conclusion, while it might be nice to start again and comply with newer code provisions, the proposed expansion is modest overall and clearly enhances the existing building's appearance. The additional landscaping will also enhance the site. "Big Box" appears to invite "Big Parking" but as noted, additional parking cuts down on circulating cars and their attendant noise and pollution. Maybe the next remodel will include an elevated parking structure to reduce the sea of asphalt. DECISION: The proposed site plan for the expansion is approved subject to the following conditions: 1. The applicant shall comply with the six mitigation measures issued as part of the Determination of Non- Significance Mitigated, dated March 22, 2010. 2. The applicant shall be required to record the Short Plat reflecting the property's lot lines as depicted on Exhibit 2 prior to building permit approval. As an alternative the applicant may submit a modification to the approved Site Plan which reflects the surveyed lot lines, at the time of building permit, as long as all development standards of the CA zone can be met. 3. The applicant shall submit screening detail for the refuse and recyclable deposit area prior to building permit approval. Elevations shall include a roof, screening around the perimeter of the wall and have self-closing doors. Chain link, plastic or wire fencing is prohibited. 4. The applicant shall be required to provide a lighting plan that will adequately provide for public safety without casting excessive glare on adjacent properties at the time of building permit review. Pedestnan scale and downlightmg shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. The applicant shall comply with the newer standards including 25-foot height limitations. 5. The applicant shall submit a landscape maintenance surety device for a period of no less than three year:-; in sufficient amount, as detennined by the Current Planning Project Manager prior to temporary occupancy permit. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 61 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 19 6. The applicant shall submit an irrigation plan to and be approved by the Current Planning Project Manager prior to construction or building permit approval. 7. The applicant shall submit revised elevations, for the northern facade, which depict alternative methods to mass and treat the proposed facade. Revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 8. The applicant shall provide revised elevations for the eastern facade prior to building permit approval subject to the approval of the Current Planning Project Manager. The revised elevations shall include additional human scale elements in the pedestrian plaza area, beneath the northern canopy that extends to south of the northem entrance. Decorative treatment in the way of contrasting or complementary paints or additional molding trim or other architectural features including additional glazing or false windows shall be used to comply with the guidelines. 9. The applicant shall match the color of the roof-mounted mechanical equipment to the color of exposed portions of the roof.. 1.0. The applicant shall submit a materials and color board subject to the approval of the Current Planning Project Manager prior to building permit approval. 11. Additional or larger landscape specimens should be use where smaller or stunted trees might exist. ORDERED THIS 13th day of May 2010. FRED J. KAUFMAN HEARING EXAMINER TRANSMITTED THIS 13th day of May 2010 to the parties of record: Rocale Timmons Community & Economic Dev City of Renton Jack McCullough McCullough & Hill 701 5th Avenue, Ste. 7220 Seattle, WA 98104 Peter Bonnell Bonnell Family LLC 10047 Main Street, Ste. 509 Bellevue, WA 98004 Huy Tran, Asst. Manager Walmart #2516 743 Rainier Ave S Renton, WA 98057 Kayren Kittrick Community & Eponomic Dev City of Renton Jeff Chambers PACLAND 1505 Westland AveN, Ste. 305 Seattle, WA 98109 Jeremy Smith, Manager Walmart #2516 743 Rainier Ave S Renton, WA. 98057 Sophorn Chan, Assistant Walmart #2516 743 Rainier Ave S Renton. WA 98057 Usunobun Osagie, Larry D. Craighead Architects 211 N Record Street, Ste. 222 Dallas, TX 75202 Sharon Ajibade, Asst. Manager Walmart #2516 743 Rainier Ave S Renton, WA 98057 Anapogi Toleafoa, ICS Loader Walmart #2516 743 Rainier Ave S Renton, WA 98057 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 62 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13,2010 Page 20 Tilesa L. Swehla, Mgr. Foods Walmart #2516 743 Rainier Ave S Renton, WA 98057 Sierra Schavrien, ICS Asssociate Walmart #2516 743 Rainier Ave S Renton, WA 98057 Traffaney Black, Mgr. Electronics Walmart #2516 743 Rainier Ave S Renton, WA 98057 Mark Goodman Walmart #2516 743 Rainier Ave S Renton, WA 98057 Brandi Hansen, Mgr. Automotive Walmart #2516 743 Rainier Ave S Renton, WA 98057 Tauasi Paaga, HR Walmart #2516 743 Rainier Ave S Renton, WA 98057 Nancy Chase, Dept Manager Walmart #2516 743 Rainier Ave S Renton, WA 98057 William Carey, Jr. Safety Team Ld, Walmart #2516 743 Rainier Ave S Renton, WA 98057 Francis Canapi Walmart #2516 743 Rainier Ave S Renton, WA 98057 Cheryl Harrelson Walmart #2516 743 Rainier Ave S Renton, WA 98057 Josie Merveus, Dept. Mgr. Walmart #2516 743 Rainier Ave S Renton, WA 98057 Josh Smith, Mgr. Pets/Chem/Paper Walmart #2516 743 Rainier Ave S Renton, WA 98057 Abram Sparrow, Dept. Mgr Walmart #2516 743 Rainier Ave S Renton, WA 98057 Levan, Dept. Mgr. Walmart #2516 " 743 Rainier Ave S Renton, WA 98057 Valerie Reyes, ICS Lead Supv. 2nd Shift Walmart #2516 743 Rainier Ave S Renton. WA 98057 Irish Joy E. Layador, Ent. Supv. Walmart #2516 743 Rainier Ave S Renton, WA 98057 TRANSMITTED THIS 13th day of May 2010 to the following: Mayor Denis Law- Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Sendees Stacy Tucker, Development Sendees Marty Wine, Assistant CAO Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section lOOGof the City's Code, request for reconsideration roust be filed in writing on or before. 5:00 p.m.. Mav 27. 2010. An}' aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may. after review of the record, take further action as he deems proper. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 63 of 212 Drofiak Apartments Site Plan Approval File No.: LUA-09-112, SA-H May 13, 2010 Page 21 An appeal to the City Council is governed'by Title TV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies ofthis ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall, An appeal must be filed in writing on or before 5:00 p.m.. May 27. 2010. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval bv Citv Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation ofthis doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 64 of 212 Denis Law Mayor City Clerk -Bonnie I. Walton' August 17, 2010 Renton Neighbors for Health Growth, c/o Cindy Wheeler: 425 SW 5th PI. Renton, WA 98057 RECEIVED :" AUG -1 $ 2010 BRICKLIN NEWMAN DOLD, LLP Re: Wal-Mart .Expansion Site Plan; LUA-10-009, SA-H, ECF . 743 Rainier Ave. S. Dear Ms. Wheeler: At the regular Council meeting of August 16/ 2010/the Renton City Council adopted the recommendation of the Planning and.Development Committee affirming the decision of the Hearing Examiner. A copy of the approved Committee report is enclosed. For additionalinformation or assistance, contact City Clerk Bonnie Walton. Sincerely, /{lason A.-Seth Deputy City Clerk Enclosure cc: Mayor Denis Law Council President Don Persson Neil Watts, Development Services Director Parties of Record (26) ATTACHMENT B 1055 South Grady Way • Renton,Washington 98057 • (425) 430-6510/ Fax (425)430-6516 • rentonwa.gov 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 65 of 212 PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT August 16, 2010 Wal-Mart Expansion Site Plan Appeal LUA-10-009 SA-H, ECF (Referred July 12, 2010) APPROVED BV CITY COUNCIL The Planning & Development Committee recommends that the full Council find that the Hearing Examiner committed no errors of fact or law in this matter and that his decision be affirmed. King Parker; Vice-Chair Rich Zwicker, MemheX— dd\ iA\tt rVkck 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 66 of 212 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING Renton Neighbors for Healthy Growth vs PacLand, et al. Petitioner(s) Respondent(s) NO. 10-2-31728-7 KNT Order Setting Case Schedule (Land Use Petition - RCW 36.70C) (*ORSCS) ASSIGNED JUDGE Gain FILE DATE: TRIAL DATE: 14 09/07/2010 02/14/2011 A Petition Seeking Review of a Land Use decision under the Revised Code of Washington (RCW) 36.70C has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I. NOTICES THE PERSON (PETITIONER) SEEKING REVIEW OF A LAND USE DECISION MUST: 1 File a Land Use Petition within the time frames as instructed by applicable RCW 36.70C.040. 2. Serve a copy of the Land Use Petition and this Order Setting Case Schedule (Land Use Petition) (including these Notices) on all other parties to this action. You, as the person who started this Petition, must make sure the other person and/or agency is notified of your action and gets a copy of the Schedule. See Revised Code of Washington RCW 36.70C.040(5). Your signature must appear on this form showing that you understand that you must make sure the other person and/or agency gets a copy of this form. 3. Pay the statutory filing fee to the Clerk of the Superior Court in which the Petition is filed. NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the rules of the court - especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their appeals vigorously from the day they are filed. All events must occur promptly. If they are late, the Superior Court Clerk is authorized by the King County Superior Court Local Rules to schedule the petition for a dismissal hearing. "/ understand that I am required to give a copy of tpejsfestyepmipnts to all parties in this case.' Print Name Sign Name Order Setting Case Schedule (Land Use Petition - RCW 36.70C) (*ORSCS) REV. 12/08 1 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 67 of 212 I. NOTICES (continued) STIPULATION/MOTION TO CHANGE INITIAL HEARING: Parties may file a stipulation or any party may file a motion to change the initial hearing prior to the deadline as shown on the Schedule. A copy of the stipulation or motion must be filed with the assigned Judge. Preliminary hearings must be set on Fridays. Stipulated change of hearing dates must be within +/- 7 days of the original date and must be approved by the assigned judge. MOTIONS ON JURISDICTIONAL AND PROCEDURAL ISSUES: Motions on jurisdictional and procedural issues shall comply with Civil Rule 7 and King County Local Civil Rule 7, except that the minimum notice of hearing requirement shall be 8 days. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff of the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. NOTICE OF NON-COMPLIANCE FEES: ALL parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Cour Clerk must send notice of non-compliance of schedule requirements as per Local Civil Rule 4 and/or dismissal of actions as per Local Civil Rule 41. King County Local Rules are available for viewing at www.kinqcountv.gov/courts/clerk. Order Setting Case Schedule (Land Use Petition - RCW 36.70C) (*ORSCS) REV.12/08 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 68 of 212 CASE SCHEDULE DEADLINE or Filing CASE EVENT EVENT DATE Needed Petition for Review of Land Use Decision Filed and Schedule Issued [See Tue 09/07/2010 RCW 36.70C.040]. DEADLINE to Contact Assigned Judge to Confirm Initial Hearing [See Tue 09/14/2010 RCW 36.70C.080]. DEADLINE to Stipulate or File a Motion for Change of Hearing Date or Tue 10/05/2010 Adjustment of Schedule [See RCW36.70C.080(1); RCW36.70.090)]. initial Hearing on Jurisdictional and Preliminary Matters (FRIDAYS ONLY) Fri 10/29/2010 [See RCW36.70C.080)]. DEADLINE for Filing Certified Copy of the Local Jurisdiction Record [See Fri 12/10/2010 RCW36.70C.110]. DEADLINE for filing Brief of Petitioner [See RCW36.70C.080(4)]. Mon 01/10/2011 DEADLINE for filing Brief of Respondent [See RCW36.70C080(4)]. Mon 01/31/2011 DEADLINE for filing Reply Briefs [See RCW36.700.080(4)]. Mon 02/07/2011 Review Hearing/Trial Date [See RCW36.70C090]. Mon 02/14/2011 * * * * * * III. ORDER Pursuant to the Revised Code of Washington (RCW 36.70C) the King County Superior Court issues an Order Setting Case Schedule (Land Use Petition) when a Land Use Petition is filed with the King County Superior Court. It is ORDERED that all parties involved in this action shall comply with the schedule listed above and that failure to meet these event dates will result in the dismissal of the petition. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Case Schedule (Land Use Petition) and attachment on all other parties. DATED: 09/07/2010 PRESIDING JUDGE Order Setting Case Schedule (Land Use Petition - RCW 36.70C) (*ORSCS) REV. 12/08 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 69 of 212 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this case schedule. The assigned Superior Court Judge will preside over and manage this case for all pretrial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local Civil Rules 4 through 26 shall apply to the processing of civil cases before Superior Court Judges. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx . CASE SCHEDULE AND REQUIREMENTS Deadlines are set by the case schedule, issued pursuant to Local Civil Rule 4. THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES IMPOSED BY THE COURT'S LOCAL CIVIL RULES. A. Joint Confirmation regarding Trial Readiness Report: No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment, etc.). The form is available at http://www.kingcounty.gov/courts/superiorcourt.aspx. If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiffs/petitioner's counsel is responsible for contacting the other parties regarding said report. B. Settlement/Mediation/ADR a. Forty five (45) days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement demand. Ten (10) days after receiving plaintiff's/petitioner's written demand, counsel for defendant/respondent shall respond (with a counteroffer, if appropriate). b. Twenty eight (28) days before the trial date, a Settlement/Mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. C. Trial: Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the King County Superior Cour website http://www.kingcounty.gov/courts/superiorcourt.aspx to confirm trial judge assignment. Information can also be obtained by calling (206) 205-5984. MOTIONS PROCEDURES A. Noting of Motions Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral argument before the assigned judge. The moving party must arrange with the hearing judge a date and time for the hearing, consistent with the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern procedures for summary judgment or other motions that dispose of the case in whole or in part. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 70 of 212 Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. Ail such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the Note for Motion should state "Without Oral Argument." Local Civil Rule 7 governs these motions, which include discovery motions. The local civil rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civil.aspx. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions calendar. Local Civil Rule 7 and King County Family Law Local Rules govern these procedures. The local rules can be found at http://www.kingcounty.gov/courts/superiorcourt/civii.aspx. Emergency Motions: Under the court's local civil rules, emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call and without written motion, if the judge approves. B. Original Documents/Working Copies/ Filing of Documents All original documents must be filed with the Clerk's Office. Please see information on the Clerk's Office website atwww.kingcounty.gov/courts/clerk regarding the new requirement outlined in LGR 30 that attorneys must e-file documents in King County Superior Court. The exceptions to the e-filing requirement are also available on the Clerk's Office website. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copies must be delivered to his/her courtroom or the Judges' mailroom. Working copies of motions to be heard on the Family Law Motions Calendar should be filed with the Family Law Motions Coordinator. On June 1, 2009 you will be able to submit working copies through the Clerk's office E-Filing application at www.kingcounty.gov/courts/clerk. Service of documents. E-filed documents may be electronically served on parties who opt in to E-Service within the E-Filing application. The filer must still serve any others who are entitled to service but who have not opted in. E-Service generates a record of service document that can be e-filed. Please see information on the Clerk's office website at www.kingcounty.gov/courts/clerk regarding E-Service. Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with the working copy materials submitted on any motion. Do not file the original of the proposed order with the Clerk of the Court. Should any party desire a copy of the order as signed and filed by the judge, a pre-addressed, stamped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 71 of 212 Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final order and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form Memoranda/briefs for matters heard by the assigned judge may not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits over-length memoranda/briefs in advance of filing. Over-length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. t%^a-fr~ PRESIDING JUDGE 7c. ‐ Court Case filed by Renton Neighbors for Healthy  Growth, represented by Claudia M. Newman, Bricklin & Newman,  Page 72 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: CRT-10-004; Court Case Puget Sound Energy v. City of Renton Meeting: Regular Council - 13 Sep 2010 Exhibits: Notice of Small Claim Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton Recommended Action: Refer to City Attorney and Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Notice of Small Claim filed in King County District Court by Puget Sound Energy, 10885 NE 4th St, Bellevue, 98004, alleging the City damaged a gas main in the vicinity of SE 17th Ct. STAFF RECOMMENDATION: 7d. ‐ Court Case filed in King County District Court ‐ East Division  Issaquah (Small Claims) by Puget Sound Energy, seeking compensation Page 73 of 212 CITY OF RENTON AUG 20 2010 RECEIVED CITY CLERK'S QFHCc •ffwt* ^1- u,,,/ tJt"*«. c4 /^Jr- S y^/^1 AUG 18 2010 K1QOC - &st Ofvtofon King County District Court- East Division State of Washington- Issaquah Courthouse 5415 220'" Ave. SE Issaquah, WA 98029 206-205-9200 NOTICE OF SMALL CLAIM PUGET SOUND ENERGY, INC. Plaintiff (last name, first, middle initial OR company name) 10885 NE 4 ST Address (no PO Box numbers allowed) BELLEVUE WA 98004 City Zip (425) 456-2632 Phone (home) Phone (work) IMPORTANT: You MUST bring an original and THREE copies ofthis form to the court for filing SMALL CLAIM NO. I&O I So*- L/ CITY OF RENTON Defendant (last name, first, middle initial OR company name) 1055 S GRADY WAY #728 Address (no PO Box numbers allowed) RENTON WA 98057 City Zip (425) 443-7661 Phone (home) ' Trial Date Time ' ^•^-fn Courtroom # Phone (work) S7- You, the above named Defendant, are hereby directed to appear personally in the King County District Court, East Division, Issaquah Courthouse 5415 220"' * ' ' SE, Issaquah, WA on the above-noted date at the time and location specified. You must be ready for trial and have with you, then and there, all books, papers, and witnesses needed by you to establish your defense to the claim. Y'ou are further notified that, in case you do not appear, judgment will be rendered against you for the amount of the claim as stated herein below, and in addition, costs of filing and costs of service ofthis notice. (Accommodations are available to people with disabilities upon request). Date Issued -4 Judge/Clerk "CM^CXS" H^J Stote of Washington, County of King CLAIM * ' uk"f ,/^^ ^ SK^P ENfcRG'fr, ^C. i Plaintiff above named, deposes and says Defendant named above owes to the Plaintiff the sum of j>5,000.0Q.^iV ^Q0 '^V/Z^^j'^total amount owing, not including filing and service fees - cannot be more than $5,000), which became due or ~ewmg^n09/25/;t008 (dd/mm/yyyy). ^r f(p fOO.OQ The amount owing is for L_J Auto Damages - Accident Only Date of Accident: (dd/mm/yyyy') Li] Wages. -. ^__J-—J Rent |__J Damage Deposit j j Loan L~H Goods & Services QJtBperty Damage^) Other Describe theNatureof your claim DEFENDANT WAS PROBING THEIR WATER BOX FOR A LEAK & POKED A nui^Ji its mis tjAS ivtAirs, Kret?tm<imiTOiJi,AiK3, AI JIUI si: 1/111 ci IIV JKumuiN, war I certify underpenalty of perjury under [he Laws of the State of Washington that the statementsrtn) this/! aerpenaltv or perjury under Dated: (f,/f,^/D Place Signed: BELLEVUE, WA City and State nm arep-ue and com 7d. ‐ Court Case filed in King County District Court ‐ East Division  Issaquah (Small Claims) by Puget Sound Energy, seeking compensation Page 74 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 200 Mill Building HVAC Upgrades Project Approval and Release of Retention Meeting: Regular Council - 13 Sep 2010 Exhibits: Notice of Completion of Public Works Contract, DOR Notice of Completion of Public Works Contract, L & I Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, Ext. 6605 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ $33,101.65 Transfer Amendment: $ Amount Budgeted: $ $726,000.00 Revenue Generated: $ Total Project Budget: $ $808,053.00 City Share Total Project: $ SUMMARY OF ACTION: The Community Services Department submits CAG-10-081, Renton 200 Mill Building HVAC & Energy Upgrades, for project approval and release of retention. The project started on November 12, 2009 and was completed on July 23, 2010. The contractor, Performance Mechanical Group fulfilled the terms of their contract by making HVAC and energy upgrades to the 200 Mill Building Structure. STAFF RECOMMENDATION: Approve the project and commence the 60-day lien period, and release the retained amount of $33,101.65 to Performance Mechanical Group, contractor, once all required releases are obtained. 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 75 of 212 State of Washington Department of Revenue PO Box 47474 Olympia WA 98504-7474 Contractor’s Registration No. (UBI No.) 600 601 386 Date 7/26/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name & Address of Public Agency Department Use Only City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number HVAC & ENERGY UPGRADES-200 MILL STREET BLDG., RENTON, WA CAG-10-081 Contractor’s Name Telephone Number PERFORMANCE MECHANICAL GROUP 425-251-0356 Contractor’s Address 25500 74TH AVENUE S., KENT, WA 98032 Date Work Commenced Date Work Completed Date Work Accepted 11/12/09 7/23/10 7/23/10 Surety or Bonding Company BERKLEY REGIONAL INSURANCE COMPANY POLICY #0128956 Agent’s Address 827 W FIRST AVENUE, SUITE #225, SPOKANE, WA 99201 Contract Amount $ 651,400.00 Additions $+10,633.00 Reductions $–0.00 Sub-Total $662,033.00 Amount of Sales Tax Paid at 9.5 %$62,893.14 (If various rates apply, please send a breakdown.) TOTAL $724,926.14 Liquidated Damages $0.00 Amount Disbursed $691,824.51 Amount Retained $33,101.65 TOTAL $724,926.16 Disbursing Officer Comments: DE-SC0001903 Signature Type or Print Name Natalie Wissbrod Phone Number 425.430.6919 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department’s certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 76 of 212 F215-038-000 Request for Contract Release 09-2009 Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504-4272 Request for Contract Release NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Do not pay retained funds until you have Department of Labor and Industries approval Contractor’s Tax Registration No. (UBI No.) 91-1314997/600.601.386 Date: 08/06/10 From: Name & Address of Public Agency Department Use Only City of Renton 1055 South Grady Way Renton, WA 98057 Assigned To: _______________________________________ Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name/Description of Project: HVAC & Energy Upgrades-200 Mill Street Building, Renton, WA Contract Number: CAG-10-081 Contract Amount: $724,926.16 Retained Amount: $ 33,101.65 Contractor’s Name: Performance Mechanical Group Telephone Number: 425.251.0356 Contractor’s Address: 25500-74th Avenue South, Kent, WA 98032 Date Contract Awarded: 11/08/09 Date Work Commenced: 11/12/09 Date Work Completed: 07/23/10 Date Work Accepted: 07/23/10 Surety or Bonding Company: Berkley Regional Insurance Company ~ Policy #0128956 Agent’s Address: 827 W First Avenue, Suite 225, Spokane, WA 99201 Please list Subcontractors below: Continue Subcontractors list on other side. Subcontractor’s Name UBI Number: CTR Electric, PO Box 7475, Kent, WA 98042 360.886.1839 601.474.637 Patriot Fire Protection, 2707-70th Avenue E., Tacoma, WA 98424 253.926.2290 601.269.686 Disbursing Officer Comments: Contact Name: Natalie Wissbrod Phone Number: 425.430.6919 Email Address: nwissbrod@rentonwa.gov The Disbursing Officer must complete and submit this notice to the Department of Labor and Industries immediately after acceptance of the work done under this contract. Mail this notice to Department of Labor and Industries, Contract Release, PO Box 44274, Olympia, WA 98504-4274, or fax to (360) 902-6897 or e-mail to ContractRelease@lni.wa.gov. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of the Department’s certificate of release, and then only in accordance with the certificate. For assistance contact Contract Release at (360) 902-5360. 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 77 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 78 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 79 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 80 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 81 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 82 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 83 of 212 7e. ‐ Community Services Department submits CAG‐10‐081, 200 Mill  Building HVAC Upgrades, and requests approval of the  Page 84 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Parks, Recreation, Open Space and Natural Resources Plan Consultant Agreement Meeting: Regular Council - 13 Sep 2010 Exhibits: Memorandum to Council dated September 1, 2010 Consultant Agreement Scope of Work - Exhibit A, including budget and timeline Submitting Data: Dept/Div/Board: Community Services Staff Contact: Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 185,185 Transfer Amendment: $n/a Amount Budgeted: $ 219,932 Revenue Generated: $n/a Total Project Budget: $ 185,185 City Share Total Project: $ 185,185 SUMMARY OF ACTION: On July 19, 2010 Council authorized the Mayor and City Clerk to execute a consultant contract with SvR Design Company to update the Parks, Recreation, Open Space and Natural Resources Plan for an amount not to exceed $211,000. Council also authorized reallocating $50,000 from the I-405/Talbot Road Streetscape Improvements Capital Improvement Project to the Parks, Recreation and Open Space Plan Capital Improvement Project to fund contract shortfalls and increase the total project budget to $219,932. Council also authorized the City to utilize the remaining $8,932 to fund associated expenses as part of the community meeting process. The contract with SvR was not executed as the City was notified on July 20, 2010, that the project team had changed from what was mutually negotiated. The City contacted the second ranked firm, MIG, out of Portland, Oregon and negotiated a Scope of Work. The total cost for services to include additional meetings, concept plans, a multi-lingual web-based questionaire and interpretive services, and meeting documentation is $177,185. An additional $8,000 will be utilized by the City to fund expenses as part of the public meeting process. The total project cost of $185,185 is a $34,747 savings from the orignal $219,932 budget authorized by Council in July. As with the previous approved Scope, should Fairwood annex to the City of Renton, the contract would need to be modified by Addendum in order to include this geographic area in the plan. STAFF RECOMMENDATION: Approve consultant agreement with MIG for $177,185 and authorize the Mayor and City Clerk to execute the contract. Authorize $8,000 for City related expenses as part of the public meeting process. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 85 of 212 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 86 of 212 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 87 of 212 1 CONSULTANT AGREEMENT THIS AGREEMENT is made as of the ______ day of __________, 2010, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as “CITY” and MIG, hereinafter referred to as “CONSULTANT”, for their services related to the Long- Range Plan for Parks, Recreation, Open Space, and Natural Resources. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Work - Exhibit A. This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Work. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant’s control in accordance with Exhibit A. If items not under the Consultant’s control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2011. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of $177,185. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 88 of 212 2 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant’s proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant’s own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers, the contractor’s liability hereunder shall be only to the extent of the contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor’s waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of $1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR’s policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left.” 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant’s relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Workman’s Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant’s employees, while so engaged on any of the work or services provided to be rendered 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 89 of 212 3 herein, shall be the sole obligation and responsibility of the Consultant. 12. Compliance with Laws. The Consultant and all of the Consultant’s employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. CONSULTANT CITY OF RENTON ____________________________ _________________________ APPROVED AS TO FORM: ATTEST: _____________________________ ___________________________ City Attorney Bonnie I. Walton, City Clerk 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 90 of 212 Page 1 Scope of Work – Exhibit A City of Renton Long Range Parks, Recreation, Open Space and Natural Resources Plan ONGOING TASKS Task O.1: Townsquare™ Project Website MIG will develop an interactive website using MIG’s Townsquare™ software. This website will be quickly launched and customized for the project, and will be targeted at project leadership, City staff, and the general public. The project website will be an important component for engaging the public, key stakeholders and City staff, serving as a repository for project documents, the host of questionnaire features, a constant venue for public input, and as a notification tool to ensure efficient and comprehensive information distribution. Documents and deliverables produced throughout the planning process will be distributed to the Interdepartmental Team and Steering Committee through this website, and they can also submit their comments. This task includes a one-year subscription to Townsquare™, ongoing website updates, and an initial public information plan to publicize the website. The subscription fee for Townsquare™ can be prorated for additional months as needed. Task O.2: Sunset Area EIS Coordination MIG will participate in two in-person meetings associated with the Sunset Area Planned Action EIS. This task also includes MIG staff time to review materials and integrate recommendations into the PROSNR Plan. Task O.3: Ongoing Project Management Team Coordination MIG will schedule bimonthly coordination calls with the City’s Project Management Team to coordinate details of the project, make decisions, and prepare for meetings. This ongoing coordination will ensure the project remains on track, and will be supplemented by in-person meetings that occur throughout the project. Ongoing Tasks Deliverables:  1 year Townsquare™ subscription  Attendance at 2 Sunset Area meetings  Coordination teleconferences, initially scheduled to occur bimonthly, for 16 month project duration PHASE 1: WHERE ARE WE NOW? During Phase 1, the MIG Team will initiate the project, conduct background research, and update the existing conditions inventory. This phase will provide baseline data for the remainder of the planning process, informing the plan development that will continue throughout the process. Task 1.1: Project Initiation Meeting The MIG Team will meet with the City’s Project Manager and key staff at project initiation to refine plans for the project, including contract administration, roles and responsibilities, schedule details and logistical issues in order to tailor and refine the planning process. Prior to this meeting, we will provide a Request for Information to the City. We will collect data and documents at this meeting from the City. After the meeting, MIG will refine and add detail to the timeline/schedule and, if necessary, to the scope, and provide a PDF file of revisions to the City. Task 1.2: Park and Facility Tour MIG will tour Renton’s parks, trails, natural areas, and recreation facilities with planning, recreation, and maintenance staff, as well as on our own. The tour will provide an opportunity to confirm the City’s park and recreation facility inventory and discuss issues such as operations, planned development, and maintenance. We will also update the parks and facilities 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 91 of 212 Page 2 inventory and evaluate conditions at each site. This tour will be conducted in conjunction with Task 1.1, and a second field session will occur in conjunction with Task 1.6. Task 1.3: Data Collection and Review MIG will review existing documents and background information pertinent to the planning effort, including prior park system plans, land use plans, the City’s Trails and Bikeways Master Plan, and other pertinent documents that set the context for the PROSNR Plan. Task 1.4: Base Map and Existing Resource Maps Using electronic data provided by the City, MIG will produce a GIS base map showing planning areas, existing parks and natural areas, major recreation facilities, and trails. The base map will also depict school sites and neighboring city resources, as data is available. We assume that Renton is a subscriber to King County’s GIS, and can provide this data to MIG. MIG will produce wall-size and document-size maps for use in the planning process, providing PDF files to the City for review. Task 1.5: Draft Planning Context Summary Memo MIG will prepare a Planning Context Summary Memo that documents changes in Renton since the last park system plan, reviews relevant recent planning efforts and key recommendations, and identifies key issues to address within the planning effort. The memo will also describe Renton’s 10 defined planning areas. MIG will provide a PDF file to the City for distribution and review. Task 1.6: Interdepartmental Team Meeting #1 MIG will meet with the Interdepartmental Team to review the planning context summary memo, further develop the project contact and stakeholder list, discuss current roles and responsibilities in terms of land stewardship, and discuss key issues and goals. MIG will provide an agenda, facilitate the meeting, and prepare a summary of key decisions for distribution after the meeting. Task 1.7: Steering Committee Meeting #1 The Long Range Parks, Recreation, Open Space and Natural Resources Plan Steering Committee will serve as the citizen representatives during the planning process. They will review interim documents and provide a key connection to the broader community. The first meeting will include review of the planning context summary memo; discussion about issues, opportunities and constraints; and refinement of the project contact and stakeholder list. MIG will provide an agenda, facilitate the meeting, and prepare a brief meeting summary. Task 1.8: Final Planning Context Summary Memo MIG will make one revision to the memo based on City-provided consolidated comments Task 1.9: Recreation Program Inventory MIG will inventory Renton’s major program areas, identifying population served in terms of demographics and program locations. If data is available, MIG will document participation, program performance, and staffing level. In addition, MIG will include an inventory of program offerings by major non-profits (YMCA, Boys & Girls Club, etc.) in Renton, also by major program areas and population served. This information will be used as a baseline for the assessment of program needs. Task 1.10: Natural Areas Inventory Using aerial photography provided by the City (winter photos preferable), MIG will identify contiguous forested areas in the City planning area greater than two acres in size. We will incorporate existing land cover data and other existing data identifying wetlands, creeks, watercourses and waterbodies to create a draft natural areas inventory in .SHP file format. We will then classify the habitat types (Upland forest: Conifer dominated, Mixed conifer and deciduous, Deciduous dominated; Wetlands: Emergent, Scrub shrub, Forested, Open water; and Fields/grasslands) based on the aerial photographs and existing data. We will conduct fieldwork to the level of effort shown in the project budget to groundtruth the classifications, with 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 92 of 212 Page 3 specific attention given to Cedar River Natural Area, May Creek, Honey Creek, Panther Creek and the Black River Riparian Forest. We will incorporate the extensive documentation on the Springbrook Creek Wetland Mitigation Bank. Task 1.11: Draft Existing Conditions Summary Memo MIG will prepare an Existing Conditions Summary Memo that describes the system of parks and natural areas in Renton, incorporating the results of tasks 1.2, 1.4, 1.8 and 1.9. This summary memo will also address the current status of the park system, present a classification of the park and trail system, and summarize the City inventory of park land, trails, and recreation facilities. This document will also review current roles and responsibilities for land ownership and stewardship in Renton, across departments, to provide a foundation for Interdepartmental Stewardship recommendations later in the planning process. MIG will provide a draft document in PDF format. Task 1.12: Final Existing Conditions Summary Memo MIG will revise the draft document based on consolidated comments provided by the City. Phase 1 Deliverables:  Request for Information letter  Refined schedule  MIG attendance, facilitation and summary of Project Initiation, Interdepartmental Team and Steering Committee meetings  Draft and Revised Base Map  Draft and Final Planning Context Summary Memo  Natural Areas Inventory .SHP file  Draft and Final Existing Conditions Summary Memo PHASE 2: WHERE DO WE WANT TO BE? During Phase 2, MIG will test the department vision, identify community priorities, preferences, and needs for park and recreation services. We will conduct a variety of community engagement activities designed to maximize public input into the plan, and will incorporate the results of the public outreach into a needs assessment that evaluates and quantifies current and future park land, recreation facility, programming needs, as well as natural areas/ecosystem services opportunity. Task 2.1: Community Questionnaire Working with City staff, MIG will develop a questionnaire (online with a paper version available) designed to collect information on current use of parks and facilities; perceived recreation program, park and facility needs; and ideas for improvements to park, connections and natural areas in Renton. The questionnaire will be administered through the Townsquare™ website. MIG will provide text for email blasts to publicize the questionnaire to the City’s project manager, as well as a questionnaire outreach strategy. The City will be responsible for sending out the email blasts and printing and collecting paper questionnaires. MIG can provide translation services for the questionnaire and recommends focusing the multi-lingual outreach on the paper format (internet users tend to be proficient in English). This task includes the cost to translate the final questionnaire into Spanish and Vietnamese, based on the top two non-English languages spoken in Renton public schools. If alternative translation options are identified using other city resources, this budget can be applied to the cost of additional language translations. MIG will input the data from up to 100 paper questionnaires. At the close of the questionnaire, MIG will tabulate the results and prepare a summary of key findings. Utilizing the MIG database, this questionnaire will compare recreation activities against recent communities we have worked with and Renton’s past survey results. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 93 of 212 Page 4 Task 2.2: Stakeholder Interviews (5) With City input, MIG will interview five stakeholders in a one-on-one meeting format. The purpose of these sessions is to get input from key decision-makers or community leaders on key issues, priorities and perceived needs in the provision of community facilities, services and programs. The interviews will focus on how to strengthen partnerships and how to avoid duplication of services while expanding the quality and quantity of programs and services available to City residents. These interviews will be scheduled in conjunction with tasks 2.3, 2.5, and 2.6. Task 2.3: Community Meetings (5) The MIG Team will conduct five meetings, held over four days within two weeks to accommodate evening meetings. Preliminarily, MIG recommends the meetings include:  Two geographically focused meetings aimed at the general public (one in the Renton core, and one targeted at the areas of Renton annexed within the past 6 years);  Two topic area-focused meetings (one targeting natural area advocates and one focused on organized sports/active recreation); and  One meeting convening key Community Services staff and major Renton area recreation providers. Task 2.4: Service Gap and Access Analysis Based on the preliminary analysis of the park, recreation, and natural areas system in Renton, MIG will design a customized analysis of the service gaps and access to resources. This analysis will be a combination of qualitative inputs from the public process, quantitative results from a geographic analysis of all opportunities to access parks, trails and recreation facilities, and a characterization of the natural area inventory based on ecological attributes such as size, maturity, connectivity and ecosystem services value such as carbon storage, stormwater attenuation, and wildlife habitat. Task 2.5: Interdepartmental Team Meeting #2 MIG will meet with the Interdepartmental Team to review and discuss the public involvement results, get feedback on the service gap and access analysis, and discuss desirable roles in land stewardship. MIG will provide an agenda, facilitate the meeting, and prepare a summary of key decisions for distribution after the meeting. Task 2.6: Joint Parks Commission/Planning Commission Meeting #1 MIG will meet with the Parks Commission and Planning Commission in a joint meeting to review findings to date, discuss public involvement results, and get direction on the service gap and access analysis. MIG will provide presentation materials, facilitate the meeting, and prepare a summary of key decisions for distribution after the meeting. Task 2.7: Draft Community Needs Assessment The Community Needs Assessment will address the need for park land, recreation facilities, and trails in Renton, as well as natural area characterization and assessment for greatest value. MIG will analyze and summarize current and future need for park land, trails and pathways, and natural area lands based on findings from the public involvement process, the existing level of service, comparable communities, regional and national trends, and geographical analysis. Task 2.8: Steering Committee Meeting #2 Steering Committee Meeting #2 will occur after the draft Needs Assessment is prepared, providing an opportunity for Committee members to weigh in on the gap analysis and needs assessment in light of the results of the public involvement activities. MIG will provide an agenda, facilitate the meeting, and prepare a brief meeting summary. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 94 of 212 Page 5 Task 2.9: City Council Update #1 MIG will attend a City Council meeting to provide an update on the PROSNR process to date, review the results of the gap analysis and needs assessment, and get Council direction on moving forward with plan development. MIG will provide presentation materials, facilitate the meeting, and prepare a summary of key decisions for distribution after the meeting. Task 2.10: Final Community Needs Assessment MIG will provide the Final Community Needs Assessment based on one set of consolidated comments provided by the City. Phase 2 Deliverables:  Stakeholder Interviews (5) and summary  Draft and Final Community Questionnaire Instrument  Programming of Community Questionnaire, Tabulation of Results and Summary Report  Community Meetings (5), agendas, presentation materials, and summaries  Service Gap and Access Analysis Memo  Draft and Final Community Needs Assessment  MIG attendance, facilitation and summary of Interdepartmental Project Team and Steering Committee meetings  MIG attendance and facilitation of joint Parks Commission/Planning Commission meeting  MIG attendance at City Council meeting PHASE 3: HOW DO WE GET THERE? During Phase 3, the MIG Team will develop the plan content, including recommendations, strategy, and capital improvement planning. This phase will also include additional outreach to ensure public and political support for the resulting plan. Task 3.1: Interdepartmental Team Meeting #3 Using the Needs Assessment and existing departmental vision as a starting point, MIG will facilitate a work session with the Interdepartmental Team, and potentially additional City staff, to begin to develop goals, strategies, and policy directions for the plan. Task 3.2: Community Visioning Workshop The MIG Team will design and facilitate an interactive community workshop to get community input on priorities for meeting the needs identified in Phase 2 and develop a shared community vision for this system. MIG will develop user- friendly, descriptive materials to engage citizens at the workshop. The outcome of this workshop will include draft vision statement. Steering Committee members will be encouraged to attend this session. Task 3.3: Recommendation and Implementation Strategy Development MIG will prepare a framework of recommendations and strategies addressing the key issues identified in the planning process and guided by the community vision, incorporating results of the needs assessment and the outcome of Tasks 3.1 and 3.2. Task 3.4: Community Priority Survey Drawing from the preliminary recommendation and strategy development, MIG Team member Research Northwest will execute a scientific telephone survey to validate the direction of the plan, the community vision and key recommendations and strategies. For the telephone survey, we propose completion of 500 questionnaires among a random sample of Renton resident households including cell phone only households, yielding an error margin for the entire sample of less than ± 5.0% at a 95% confidence level, with a questionnaire length of 10 minutes. Sub-area breakdown of these results will be possible, but the resulting smaller sample as the city is divided will result in a higher margin of error. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 95 of 212 Page 6 Task 3.5: Decision-Making Tools Based on the results of the work completed to date, MIG will create custom decision-making tools including prioritization criteria; capital and operating cost models and design guidelines (with a special focus on shared green infrastructure including successfully combining stormwater facilities with parks). Task 3.6: Interdepartmental Team Meeting #4 At this meeting, MIG will present the results of the community priority survey, discuss potential refinements to the draft recommendations and strategies, and review the decision-making tools. Task 3.7: Steering Committee Meeting #3 At this meeting, MIG will present the results of the community priority survey, discuss potential refinements to the draft recommendations and strategies, and review the decision-making tools to get input from the Steering Committee members. MIG will provide an agenda, facilitate the meeting, and prepare a brief meeting summary. Task 3.8: Capital Improvement and Implementation Plan Based on the input of the Interdepartmental Team, Steering Committee and City Council, MIG will filter the identified projects and strategies through the decision making tools developed in Task 3.5. The prioritized list will also match existing and potential funding sources to the highest priority projects, resulting in a clear implementation plan. The outcome of this task will be reviewed by the Interdepartmental Team and Steering Committee electronically. Task 3.9: Joint Parks Commission/Planning Commission Meeting #2 MIG will meet with the Parks Commission and Planning Commission in a joint meeting to review the results of the community priority survey, the draft recommendations and strategies, the decision-making tools, and the capital improvement and implementation plan. MIG will provide presentation materials, facilitate the meeting, and prepare a summary of key decisions for distribution after the meeting. Task 3.10: City Council Update #2 MIG will present the results of the planning process to the City Council for discussion. Suggested direction will be incorporated into the development of the Draft Plan. Phase 3 Deliverables:  Recommendation and Strategy Framework Document  Community Priority Survey instrument, sample, completion and report  Community Workshop agenda, materials, and summary  Decision-Making Tools (Prioritization Criteria, Cost Models, Design Guidelines)  Draft Capital Improvement and Implementation Plan  MIG attendance, facilitation and summary of Interdepartmental Project Team and Steering Committee meetings  MIG attendance and facilitation of joint Parks Commission/Planning Commission meeting  MIG attendance at City Council meeting 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 96 of 212 Page 7 PHASE 4: PLAN REFINEMENT AND ADOPTION During Phase 4, MIG will work with Department staff to take the plan through the adoption process, refining the plan based on input received. Task 4.1: Draft Conceptual Site Plans MIG will develop up to 10 conceptual site plans for Renton park sites, diagrammatic in nature to illustrate plan recommendations. We anticipate these site plans will include five renovations, three undeveloped sites, and two prototypes, and that half will be large sites and half small sites. Task 4.2: Community Meetings MIG will conduct two community meetings, geographically dispersed in Renton, to present the results of the planning process and get citizen input prior to development of the Draft Plan. Task 4.3: Comprehensive Plan Policy Review MIG will review the Parks, Recreation, Open Space and Trails Element of the Renton Comprehensive Plan, including the Goal, Objectives and 116 Policies and identify where policy revisions are warranted, given the planning process results. We assume that the recommended changes will be incorporated as part of the City’s regular annual Comprehensive Plan updates. Task 4.4: Administrative Draft Plan Based on the work of the previous phases and the input received, MIG will prepare an Administrative Draft Plan for internal review by the Interdepartmental Team and Steering Committee. The Plan will be formatted as a clear, readable and attractive, user-friendly document that meets RCO requirements. Task 4.5: Interdepartmental Team Meeting #5 MIG will review the Administrative Draft Plan with the Interdepartmental Team. Task 4.6: Steering Committee Meeting #4 MIG will review the Administrative Draft Plan with the Steering Committee. Task 4.7: Revised Draft Plan Based on comments received from the Interdepartmental Team and Steering Committee, MIG will revise the Administrative Draft to prepare a Revised Draft Plan for community review. This task includes revisions to the ten conceptual site plans. Task 4.8: SEPA Checklist, Department of Commerce Notification and RCO Certification MIG will prepare the Non-Project SEPA checklist and Department of Commerce notification prior to plan approval. MIG will coordinate with RCO prior to plan approval and completed the RCO self-certification form for signature by the City. Task 4.9: Joint Parks Commission/Planning Commission Meeting #3 MIG will meet with the Parks Commission and Planning Commission in a joint meeting to review the Draft Plan. MIG will provide presentation materials, facilitate the meeting, and prepare a memo documenting requested Plan revisions. Task 4.10: City Council Update #3 MIG will present the draft Plan to the City Council. Task 4.11: Final Plan After Council adoption, MIG revise the Draft Plan and deliver a final Plan to the Department. MIG will provide Word and PDF files of the final Plan to the Department for future use. Task 4.12: Project Close-Out and Coordination MIG staff will complete administrative duties related to the project and the final two months of project management. Close out of the project will include transferring project files and GIS data to the City. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 97 of 212 Page 8 Phase 4 Deliverables:  MIG attendance, facilitation and summary of 2 community meetings.  Conceptual Site Plans (10)  Policy Review  Administrative Draft PROSNR Plan  Revised Draft PROSNR Plan  MIG attendance, facilitation and summary of Interdepartmental Project Team and Steering Committee meetings  MIG attendance and facilitation of joint Parks Commission/Planning Commission meeting  MIG attendance at City Council meeting  SEPA checklist and Department of Commerce Notification  RCO Self-Certification  Final PROSNR Plan  CD of project materials OPTIONAL TASKS Optional Task A: Incorporation of Fairwood Annexation Area The potential Fairwood Annexation Area is excluded from the PROSNR Plan, including public outreach activities and technical analysis related to this area. Should the City opt to include the Fairwood area within the plan, MIG will work with staff to develop a budget and scope to accomplish this in a cost-effective and time efficient manner. 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 98 of 212 Hou r s @ $ 1 4 0 H o u r s @ $ 1 0 5 H o u r s @ $ 1 4 0 H o u r s @ $ 9 5 H o u r s @ $ 1 3 0 H o u r s @ $ 6 5 0 O N G O I N G T A S K S 0.1 T o w n s q u a r e ™ P r o j e c t W e b s i t e 1 $ 1 4 0 1 2 $ 1 , 2 6 0 0 $0 1 6 $1, 5 2 0 0 $0 4 8 $ 3 , 1 2 0 77 $ 6 , 0 4 0 $5, 0 4 0 $ 1 1 , 0 8 0 0.2 S u n s e t A r e a E I S C o o r d i n a t i o n 1 $ 1 4 0 2 4 $ 2 , 5 2 0 0 $0 0 $0 1 $ 1 3 0 0 $0 26 $ 2 , 7 9 0 $60 0 $3, 3 9 0 0.3 O n g o i n g P r o j e c t M a n a g e m e n t T e a m C o o r d i n a t i o n 12 $ 1 , 6 8 0 4 8 $ 5 , 0 4 0 0 $0 0 $0 0 $0 1 2 $ 7 8 0 72 $ 7 , 5 0 0 $12 0 $7, 6 2 0 Ong o i n g T a s k s S u b t o t a l 14 $ 1 , 9 6 0 8 4 $ 8 , 8 2 0 0 $0 1 6 $ 1 , 5 2 0 1 $ 1 3 0 6 0 $ 3 , 9 0 0 1 7 5 $ 1 6 , 3 3 0 $0 $ 5 , 7 6 0 $ 2 2 , 0 9 0 1 W H E R E A R E W E N O W ? 1.1 P r o j e c t I n i t i a t i o n M e e t i n g 4 $ 5 6 0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 11 $ 1 , 2 5 5 $15 $1, 2 7 0 1.2 P a r k a n d F a c i l i t y T o u r 8 $ 1 , 1 2 0 2 4 $ 2 , 5 2 0 0 $0 0 $0 1 6 $ 2 , 0 8 0 0 $0 48 $ 5 , 7 2 0 $60 0 $6, 3 2 0 1.3 D a t a C o l l e c t i o n a n d R e v i e w 2 $ 2 8 0 8 $ 8 4 0 0 $0 0 $0 8 $ 1 , 0 4 0 1 $65 19 $ 2 , 2 2 5 $2, 2 2 5 1.4 B a s e M a p a n d E x i s t i n g R e s o u r c e M a p s 0 $0 2 $ 2 1 0 0 $0 1 6 $1, 5 2 0 2 $ 2 6 0 0 $0 20 $ 1 , 9 9 0 $10 0 $2, 0 9 0 1.5 D r a f t P l a n n i n g C o n t e x t S u m m a r y M e m o 2 $ 2 8 0 1 2 $ 1 , 2 6 0 0 $0 2 $19 0 4 $ 5 2 0 1 $65 21 $ 2 , 3 1 5 $2, 3 1 5 1.6 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 1 0 $0 6 $ 6 3 0 0 $0 0 $0 4 $ 5 2 0 1 $65 11 $ 1 , 2 1 5 $60 0 $1, 8 1 5 1.7 S t e e r i n g C o m m i t t e e M e e t i n g # 1 0 $0 6 $ 6 3 0 0 $0 0 $0 4 $ 5 2 0 8 $ 5 2 0 18 $ 1 , 6 7 0 $15 $1, 6 8 5 1.8 F i n a l P l a n n i n g C o n t e x t S u m m a r y M e m o 0 $0 4 $ 4 2 0 0 $0 0 $0 0 $0 1 $65 5 $48 5 $15 $50 0 1.9 R e c r e a t i o n P r o g r a m I n v e n t o r y 8 $ 1 , 1 2 0 0 $0 0 $0 0 $0 2 $ 2 6 0 4 $ 2 6 0 14 $ 1 , 6 4 0 $1, 6 4 0 1.1 0 N a t u r a l A r e a s I n v e n t o r y 0 $0 0 $0 0 $0 2 4 $2, 2 8 0 4 0 $ 5 , 2 0 0 0 $0 64 $ 7 , 4 8 0 $30 0 $7, 7 8 0 1.1 1 D r a f t E x i s t i n g C o n d i t i o n s S u m m a r y M e m o 3 $ 4 2 0 2 6 $ 2 , 7 3 0 0 $0 1 2 $1, 1 4 0 3 $ 3 9 0 1 $65 45 $ 4 , 7 4 5 $15 $4, 7 6 0 1.1 2 F i n a l E x i s t i n g C o n d i t i o n s S u m m a r y M e m o 1 $ 1 4 0 6 $ 6 3 0 0 $0 4 $38 0 1 $ 1 3 0 1 $65 13 $ 1 , 3 4 5 $15 $ 1 , 3 6 0 Pha s e 1 S u b t o t a l 28 $ 3 , 9 2 0 1 0 0 $ 1 0 , 5 0 0 0 $0 5 8 $ 5 , 5 1 0 8 4 $ 1 0 , 9 2 0 1 9 $ 1 , 2 3 5 2 8 9 $ 3 2 , 0 8 5 $0 $ 1 , 6 7 5 $ 3 3 , 7 6 0 2 W H E R E D O W E W A N T T O B E ? 2.1 C o m m u n i t y Q u e s t i o n n a i r e 4 $ 5 6 0 2 6 $ 2 , 7 3 0 0 $0 8 $76 0 0 $0 2 4 $ 1 , 5 6 0 62 $ 5 , 6 1 0 $2, 0 0 0 $7, 6 1 0 2.2 S t a k e h o l d e r I n t e r v i e w s ( 5 ) 5 $ 7 0 0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 12 $ 1 , 3 9 5 $15 $1, 4 1 0 2.3 C o m m u n i t y M e e t i n g s ( 5 ) 1 $ 1 4 0 3 6 $ 3 , 7 8 0 0 $0 3 6 $3, 4 2 0 0 $0 4 $ 2 6 0 77 $ 7 , 6 0 0 $1, 5 0 0 $9, 1 0 0 2.4 S e r v i c e G a p a n d A c c e s s A n a l y s i s 4 $ 5 6 0 8 $ 8 4 0 0 $0 2 4 $2, 2 8 0 0 $0 0 $0 36 $ 3 , 6 8 0 $15 $3, 6 9 5 2.5 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 2 4 $ 5 6 0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 11 $ 1 , 2 5 5 $60 0 $1, 8 5 5 2.6 J o i n t P a r k s C o m m i s s i o n / P l a n n i n g C o m m i s s i o n M e e t i n g # 1 4 $ 5 6 0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 11 $ 1 , 2 5 5 $1, 2 5 5 2.7 D r a f t C o m m u n i t y N e e d s A s s e s s m e n t 6 $ 8 4 0 2 8 $ 2 , 9 4 0 0 $0 3 2 $3, 0 4 0 1 0 $ 1 , 3 0 0 1 $65 77 $ 8 , 1 8 5 $15 $8, 2 0 0 2.8 S t e e r i n g C o m m i t t e e M e e t i n g # 2 4 $ 5 6 0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 11 $ 1 , 2 5 5 $60 0 $1, 8 5 5 2.9 C i t y C o u n c i l U p d a t e # 1 4 $ 5 6 0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 11 $ 1 , 2 5 5 $15 $1, 2 7 0 2.1 0 F i n a l C o m m u n i t y N e e d s A s s e s s m e n t 2 $ 2 8 0 4 $ 4 2 0 0 $0 8 $76 0 2 $ 2 6 0 1 $65 17 $ 1 , 7 8 5 $15 $ 1 , 8 0 0 Pha s e 2 S u b t o t a l 38 $ 5 , 3 2 0 1 3 2 $ 1 3 , 8 6 0 0 $0 1 0 8 $ 1 0 , 2 6 0 1 2 $ 1 , 5 6 0 3 5 $ 2 , 2 7 5 3 2 5 $ 3 3 , 2 7 5 $0 $ 4 , 7 7 5 $ 3 8 , 0 5 0 Pro j e c t B u d g e t MIG , I n c . Pro f e s s i o n a l F e e s Tot a l s Pro j e c t M a n a g e r Dir e c t Cos t s MIG Tot a l s R e s e a r c h Nor t h w e s t , LLC Prin c i p a l - i n - C h a r g e Nat u r a l R e s o u r c e s Pla n n e r MIG Pro j e c t A s s i s t a n t Dav e W a l t e r s Rya n M o t t a u GIS S p e c i a l i s t a n d Pla n n e r Hea t h e r K a p l i n g e r D e a n A p o s t o l Sen i o r L a n d s c a p e Arc h i t e c t Lau r e n S c h m i t t City o f R e n t o n — L o n g R a n g e P a r k s , R e c r e a t i o n , O p e n S p a c e a n d N a t u r a l R e s o u r c e s P l a n l Pag e 1 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 99 of 212 Hou r s @ $ 1 4 0 H o u r s @ $ 1 0 5 H o u r s @ $ 1 4 0 H o u r s @ $ 9 5 H o u r s @ $ 1 3 0 H o u r s @ $ 6 5 Pro j e c t B u d g e t MIG , I n c . Pro f e s s i o n a l F e e s Tot a l s Pro j e c t M a n a g e r Dir e c t Cos t s MIG Tot a l s R e s e a r c h Nor t h w e s t , LLC Prin c i p a l - i n - C h a r g e Nat u r a l R e s o u r c e s Pla n n e r MIG Pro j e c t A s s i s t a n t Dav e W a l t e r s Rya n M o t t a u GIS S p e c i a l i s t a n d Pla n n e r Hea t h e r K a p l i n g e r D e a n A p o s t o l Sen i o r L a n d s c a p e Arc h i t e c t Lau r e n S c h m i t t 3 H O W D O W E G E T T H E R E ? 3.1 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 3 0 $0 8 $ 8 4 0 0 $0 0 $0 0 $0 1 $65 9 $90 5 $30 0 $1, 2 0 5 3.2 C o m m u n i t y V i s i o n i n g W o r k s h o p 1 $ 1 4 0 1 2 $ 1 , 2 6 0 0 $0 1 2 $1, 1 4 0 0 $0 1 $65 26 $ 2 , 6 0 5 $75 0 $3, 3 5 5 3.3 R e c o m m e n d a t i o n a n d I m p l e m e n t a t i o n S t r a t e g y D e v e l o p m e n t 8 $ 1 , 1 2 0 1 2 $ 1 , 2 6 0 0 $0 0 $0 0 $0 4 $ 2 6 0 24 $ 2 , 6 4 0 $15 $2, 6 5 5 3.4 C o m m u n i t y P r i o r i t y S u r v e y 10 $ 1 , 4 0 0 1 6 $ 1 , 6 8 0 0 $0 0 $0 0 $0 4 $ 2 6 0 30 $ 3 , 3 4 0 $22 , 5 5 0 $25 , 8 9 0 3.5 D e c i s i o n M a k i n g T o o l s 4 $ 5 6 0 1 2 $ 1 , 2 6 0 0 $0 4 $38 0 4 $ 5 2 0 0 $0 24 $ 2 , 7 2 0 $15 $2, 7 3 5 3.6 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 4 0 $0 6 $ 6 3 0 0 $0 4 $38 0 0 $0 1 $65 11 $ 1 , 0 7 5 $30 0 $1, 3 7 5 3.7 S t e e r i n g C o m m i t t e e M e e t i n g # 3 0 $0 6 $ 6 3 0 0 $0 4 $38 0 0 $0 1 $65 11 $ 1 , 0 7 5 $15 $1, 0 9 0 3.8 C a p i t a l I m p r o v e m e n t a n d I m p l e m e n t a t i o n P l a n 1 $ 1 4 0 4 $ 4 2 0 1 2 $ 1 , 6 8 0 0 $0 4 $ 5 2 0 1 $65 22 $ 2 , 8 2 5 $15 $2, 8 4 0 3.9 J o i n t P a r k s C o m m i s s i o n / P l a n n i n g C o m m i s s i o n M e e t i n g # 2 0 $0 8 $ 8 4 0 0 $0 0 $0 0 $0 1 $65 9 $90 5 $30 0 $1, 2 0 5 3.1 0 C i t y C o u n c i l U p d a t e # 2 0 $0 8 $ 8 4 0 0 $0 0 $0 0 $0 1 $65 9 $90 5 $30 0 $1, 2 0 5 Pha s e 3 S u b t o t a l 24 $ 3 , 3 6 0 9 2 $ 9 , 6 6 0 1 2 $ 1 , 6 8 0 2 4 $ 2 , 2 8 0 8 $ 1 , 0 4 0 1 5 $ 9 7 5 1 7 5 $ 1 8 , 9 9 5 $ 2 2 , 5 5 0 $ 2 , 0 1 0 $ 4 3 , 5 5 5 4 P L A N R E F I N E M E N T A N D A D O P T I O N 4.1 D r a f t C o n c e p t u a l S i t e P l a n s 2 $ 2 8 0 2 $ 2 1 0 4 0 $ 5 , 6 0 0 8 $76 0 4 $ 5 2 0 0 $0 56 $ 7 , 3 7 0 $10 0 $7, 4 7 0 4.2 C o m m u n i t y M e e t i n g s ( 2 ) 1 $ 1 4 0 2 0 $ 2 , 1 0 0 0 $0 2 $19 0 0 $0 2 $ 1 3 0 25 $ 2 , 5 6 0 $30 0 $2, 8 6 0 4.3 C o m p r e h e n s i v e P l a n P o l i c y R e v i e w 8 $ 1 , 1 2 0 8 $ 8 4 0 0 $0 0 $0 4 $ 5 2 0 0 $0 20 $ 2 , 4 8 0 $15 $2, 4 9 5 4.4 A d m i n i s t r a t i v e D r a f t P l a n 8 $ 1 , 1 2 0 3 2 $ 3 , 3 6 0 0 $0 1 6 $1, 5 2 0 1 6 $ 2 , 0 8 0 2 $ 1 3 0 74 $ 8 , 2 1 0 $15 $8, 2 2 5 4.5 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 5 0 $0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 7 $69 5 $30 0 $99 5 4.6 S t e e r i n g C o m m i t t e e M e e t i n g # 4 0 $0 6 $ 6 3 0 0 $0 0 $0 0 $0 1 $65 7 $69 5 $15 $71 0 4.7 R e v i s e d D r a f t P l a n 4 $ 5 6 0 2 4 $ 2 , 5 2 0 2 0 $ 2 , 8 0 0 8 $76 0 8 $ 1 , 0 4 0 2 $ 1 3 0 66 $ 7 , 8 1 0 $15 $7, 8 2 5 4.8 S E P A C h e c k l i s t , D e p t o f C o m m e r c e N o t i f i c a t i o n & R C O C e r t i f i c a t i o n 1 $ 1 4 0 8 $ 8 4 0 0 $0 0 $0 0 $0 0 $0 9 $98 0 $15 $99 5 4.9 J o i n t P a r k s C o m m i s s i o n / P l a n n i n g C o m m i s s i o n M e e t i n g # 3 0 $0 8 $ 8 4 0 0 $0 0 $0 0 $0 1 $65 9 $90 5 $30 0 $1, 2 0 5 4.1 0 C i t y C o u n c i l U p d a t e # 3 0 $0 8 $ 8 4 0 0 $0 0 $0 0 $0 1 $65 9 $90 5 $30 0 $1, 2 0 5 4.1 1 F i n a l P l a n 2 $ 2 8 0 1 6 $ 1 , 6 8 0 1 0 $ 1 , 4 0 0 4 $38 0 4 $ 5 2 0 4 $ 2 6 0 40 $ 4 , 5 2 0 $15 0 $4, 6 7 0 4.1 2 P r o j e c t C l o s e - O u t a n d C o o r d i n a t i o n 0 $0 4 $ 4 2 0 0 $0 4 $38 0 0 $0 4 $ 2 6 0 12 $ 1 , 0 6 0 $15 $1, 0 7 5 Pha s e 4 S u b t o t a l 26 $ 3 , 6 4 0 1 4 2 $ 1 4 , 9 1 0 7 0 $ 9 , 8 0 0 4 2 $ 3 , 9 9 0 3 6 $ 4 , 6 8 0 1 8 $ 1 , 1 7 0 3 3 4 $ 3 8 , 1 9 0 $ 0 $ 1 , 5 4 0 $ 3 9 , 7 3 0 130 $ 1 8 , 2 0 0 5 5 0 $ 5 7 , 7 5 0 8 2 $ 1 1 , 4 8 0 2 4 8 $ 2 3 , 5 6 0 1 4 1 $ 1 8 , 3 3 0 1 4 7 $ 9 , 5 5 5 1 2 9 8 $ 1 3 8 , 8 7 5 $ 2 2 , 5 5 0 $ 1 5 , 7 6 0 $ 1 7 7 , 1 8 5 OPT I O N A L T A S K A I n c o r p o r a t i o n o f F a i r w o o d A n n e x a t i o n A r e a $0 $0 $0 $0 $0 $0 0$0 $0 $0 Pro f e s s i o n a l T i m e S u b t o t a l City o f R e n t o n — L o n g R a n g e P a r k s , R e c r e a t i o n , O p e n S p a c e a n d N a t u r a l R e s o u r c e s P l a n l Pag e 2 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 100 of 212 Pre l i m i n a r y P r o j e c t S c h e d u l e 0 O N G O I N G T A S K S 0.1 T o w n s q u a r e ™ P r o j e c t W e b s i t e 0.2 S u n s e t A r e a E I S C o o r d i n a t i o n 0.3 O n g o i n g P r o j e c t M a n a g e m e n t T e a m C o o r d i n a t i o n 1 W H E R E A R E W E N O W ? 1.1 P r o j e c t I n i t i a t i o n M e e t i n g 1.2 P a r k a n d F a c i l i t y T o u r 1.3 D a t a C o l l e c t i o n a n d R e v i e w 1.4 B a s e M a p a n d E x i s t i n g R e s o u r c e M a p s 1.5 D r a f t P l a n n i n g C o n t e x t S u m m a r y M e m o 1.6 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 1 1.7 S t e e r i n g C o m m i t t e e M e e t i n g # 1 1.8 F i n a l P l a n n i n g C o n t e x t S u m m a r y M e m o 1.9 R e c r e a t i o n P r o g r a m I n v e n t o r y 1.1 0 N a t u r a l A r e a s I n v e n t o r y 1..1 1 D r a f t E x i s t i n g C o n d i t i o n s S u m m a r y M e m o 1.1 2 F i n a l E x i s t i n g C o n d i t i o n s S u m m a r y M e m o 2 W H E R E D O W E W A N T T O B E ? 2.1 C o m m u n i t y Q u e s t i o n n a i r e 2.2 S t a k e h o l d e r I n t e r v i e w s ( 5 ) 2.3 C o m m u n i t y M e e t i n g s ( 5 ) 2.4 S e r v i c e G a p a n d A c c e s s A n a l y s i s 2.5 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 2 2.6 J o i n t P a r k s C o m m i s s i o n / P l a n n i n g C o m m i s s i o n M e e t i n g # 1 2.7 D r a f t C o m m u n i t y N e e d s A s s e s s m e n t 2.8 S t e e r i n g C o m m i t t e e M e e t i n g # 2 2.9 C i t y C o u n c i l U p d a t e # 1 2.1 0 F i n a l C o m m u n i t y N e e d s A s s e s s m e n t 3 H O W D O W E G E T T H E R E ? 3.1 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 3 3.2 C o m m u n i t y V i s i o n i n g W o r k s h o p 3.3 R e c o m m e n d a t i o n a n d I m p l e m e n t a t i o n S t r a t e g y D e v e l o p m e n t 3.4 C o m m u n i t y P r i o r i t y S u r v e y 3.5 D e c i s i o n M a k i n g T o o l s 3.6 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 4 3.7 S t e e r i n g C o m m i t t e e M e e t i n g # 3 3.8 C a p i t a l I m p r o v e m e n t a n d I m p l e m e n t a t i o n P l a n 3.9 J o i n t P a r k s C o m m i s s i o n / P l a n n i n g C o m m i s s i o n M e e t i n g # 2 3.1 0 C i t y C o u n c i l U p d a t e # 2 4 P L A N R E F I N E M E N T A N D A D O P T I O N 4.1 D r a f t C o n c e p t u a l S i t e P l a n s 4.2 C o m m u n i t y M e e t i n g s ( 2 ) 4.3 C o m p r e h e n s i v e P l a n P o l i c y R e v i e w 4.4 A d m i n i s t r a t i v e D r a f t P l a n 4.5 I n t e r d e p a r t m e n t a l T e a m M e e t i n g # 5 4.6 S t e e r i n g C o m m i t t e e M e e t i n g # 4 4.7 R e v i s e d D r a f t P l a n 4.8 S E P A C h e c k l i s t , D e p t o f C o m m e r c e N o t i f i c a t i o n & R C O C e r t i f i c a t i o n 4.9 J o i n t P a r k s C o m m i s s i o n / P l a n n i n g C o m m i s s i o n M e e t i n g # 3 4.1 0 C i t y C o u n c i l U p d a t e # 3 4.1 1 F i n a l P l a n 4.1 2 P r o j e c t C l o s e - O u t a n d C o o r d i n a t i o n OPT I O N A L T A S K S A I n c o r p o r a t i o n o f F a i r w o o d A n n e x a t i o n A r e a 201 0 Sep t e m b e r O c t o b e r N o v e m b e r D e c e m b e r 201 1 Apr i l M a y J u n e J u l y A u g u s t Jan u a r y F e b r u a r y M a r c h City o f R e n t o n — L o n g R a n g e P a r k s , R e c r e a t i o n , O p e n S p a c e a n d N a t u r a l R e s o u r c e s P l a n 7f. ‐ Community Services Department recommends approval of a  replacement contract in the amount of $177,185 with MIG to complete Page 101 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Amendment #1 to CAG 08-156 Utility Construction Agrement (UT 01306) Regarding Sewer Relocation for the I- 405/I-5 to SR 169 Stage 2 Widening Project - Amendment #1 Meeting: Regular Council - 13 Sep 2010 Exhibits: Utility Construction Agreement - Amendment #1 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Rich Perteet, Deputy Public Works Administrator - Transportation (extension 7242) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $75,180 Transfer Amendment: $ Amount Budgeted: $ $100,000 (2010 budget)Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: In October 2008, the City entered into Utility Agreement UT 01306 with the Washington State Department of Transportation (WSDOT) in order to include, within the I-405/I-5 to SR 169 Stage 2 Widening and SR 515 Interchange Project, the relocation of an existing City sewer manhole. Since the original agreement, final design has been completed and the manhole only required adjustment. Therefore, the Wastewater Utility also requested the contractor extend the Benson Road sewer line in order to provide for future extension of service to other properties in the area. Utility Construction Agreement UT 01306 (CAG 08-156) is being amended in order to reflect the changes in work scope, such as the sewer line future extension and revised costs. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment #1 to the Utility Construction Agreement UT 01306 with WSDOT regarding the sewer relocation for the I-405/I-5 to SR 169 Stage 2 Widening Project. 7g. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐156, with the Washington State Department Page 102 of 212 UT 01306 UTILITY CONSTRUCTION AGREEMENT WORK BY STATE ACTUAL COST City of Renton I-405/I-5 to SR 169 Stage 2 -Widening and SR 515 l/C Sewer Relocation for Realignment of Benson Road AMENDMENT #1 This Utility Construction Agreement Amendment No. 1 (herein the "Amendment") is made and entered into between the Washington State Department of Transportation "STATE", and City of Renton, 1055 South Grady Way, Renton, WA 98057 "UTILITY", and/or individually referred to as the "Party" and collectively referred to as the "Parties", WHEREAS, the Parties entered into Utility Construction Agreement UT 01306 Utility Construction Agreement Work by State, Actual Cost, City of Renton, I-405/I-5 to SR 1.69 Stage 2 - Widening and SR 515 l/C, Sewer Relocation for Realignment of Benson Road (herein the "Agreement") on October 16, 2008, and WHEREAS, the STATE issued a request for proposals, received three valid bids and entered into a design-build construction contract for the improvement of Interstate 405 titled, I-405,1-5 to SR 169, Stage 2 - Widening and SR 515 Interchange (herein the "Project"), and in connection therewith, it is necessary to design and construct an extension of a manhole associated with the UTILITY'S existing sanitary sewer line crossing of Benson Road north of I-405, and WHEREAS, the STATE'S design-build construction contract for the Project also included the STATE'S construction of a new sanitary sewer line crossing Benson Road south of I-405 in order for the STATE to mitigate impacts to a property affected by the Project, and WHEREAS, the UTILITY has requested that the STATE extend the sewer line in order to provide for the future extension of sanitary sewer service to other properties in the area, and WHEREAS, the UTILITY is responsible for the costs of the sewer line extension because the extension constitutes a betterment as defined in Federal-aid Policy Guide - 23 CFR 645A, Subpart A, and WHEREAS, the STATE and UTILITY have agreed to amend the Agreement to revise the scope of the sanitary sewer line work and adjust the UTILITY'S funding commitment as provided for in Section III of the Agreement. PAGE 1 of 3 AGREEMENT UT 01306, AMENDMENT # 1 06-11 -10 7g. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐156, with the Washington State Department Page 103 of 212 NOW, THEREFORE, pursuant to the provisions of Title 47 RCW and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Exhibit A, Specifications and Special Considerations of the Agreement is hereby amended by replacing the entire section titled "WORK BY THE STATE" by the following: The STATE through its design-build contractor shall, pursuant to the plans and specifications reviewed and concurred with by the UTILITY, furnish the labor, materials, equipment, and tools required to design, permit, and construct 1) the adjustment of the existing 54-inch manhole located at Benson Road Sta. 126+00 to the finished grade of the realigned roadway and 2) extension of a new 8-inch diameter sewer line and clean out located on the east side of Benson Road from a new manhole to be constructed at Benson Road Sta. 109+79 to Benson Road Sta. 111+27 as shown on plan sheets included in UT 01306, Utility Construction Agreement, Sewer Relocation for Realignment of Benson Road, Amendment #1, I-405, I-5 to SR 169 Stage 2 - Widening and SR 515 Interchange, Exhibit C-1 Plans. Construction of the sewer line extension will include placement of two 6-inch side sewers serving properties east of Benson Road that terminate outside the roadway pavement as shown on the plans. The UTILITY'S sewer systems described above shall be constructed to comply with specifications that have been included in the request for proposal that are described and shown in an excerpt from Section 2.10 Utilities and Relocation Agreements from the STATE'S request for proposal for the project marked Exhibit "A," Attachment "1", RFP Contract Specifications and the requirements of the Sanitary Manhole Standard Plans included as page 2 of 3 of Exhibit "C", Plans, both of which are attached to the Agreement. The STATE'S design-build contractor will prepare the final plans and specifications as well as construct any modifications necessary to adjust the manhole and construct the sanitary sewer line. Any costs incurred by the STATE and the STATE'S design-build contractor for the actual direct and related indirect cost associated with design, review, approval, construction, and inspection of the adjustment of the manhole and extension of the sewer line will be borne solely by the UTILITY. 2. Exhibit A, Specifications and Special Considerations of the Agreement is hereby amended by replacing the entire section titled "Betterment" by the following. The construction of the UTILITY'S extension of a new 8-inch diameter sewer line and clean out located on the east side of Benson Road, as required herein, constitutes a betterment as defined in the Federal Aid Policy Guide-23 645A, Subpart A. 3. Exhibit B, Funding Commitment of the Agreement is hereby amended and superseded by Amendment, Exhibit B-1, Funding Commitment, attached hereto and by this reference incorporated into the Agreement. The itemized estimate of cost for work under the Agreement is hereby increased by Nineteen Thousand Four Hundred Thirty Dollars ($19,430) for a total amount of Seventy-five Thousand One Hundred Eighty Dollars $(75,180). 4. Exhibit C, Plans is hereby amended by adding Amendment, Exhibit C-1, Plans, attached hereto and by this reference incorporated into the original Agreement. PAGE 2 of 3 AGREEMENT UT 01306, AMENDMENT #1 06-11-10 7g. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐156, with the Washington State Department Page 104 of 212 5. All other terms and conditions of the Agreement shall remain in full force and effect except as modified by this Amendment #1. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment #1 as of the day and year last signed below. WASHINGTON STATE CITY OF RENTON DEPARTMENT OF TRANSPORTATION By: ; By:. Assistant Attorney General Print: Print: Title: Title:. Date: Date: APPROVED AS TO FORM Date; By: PAGE 3 of 3 AGREEMENT UT 01306, AMENDMENT #1 06-11-10 7g. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐156, with the Washington State Department Page 105 of 212 UT 01306 UTILITY CONSTRUCTION AGREEMENT WORK BY STATE - ACTUAL COST City of Renton I-405/I-5 to SR 169 Stage 2 - Widening and SR 515 l/C Sewer Relocation for Realignment of Benson Road AMENDMENT #1 EXHIBIT "B-1 " FUNDING COMMITMENT ITEM DESCRIPTION UI 245 18-inch Ductile Iron Sanitary Sewer Crosses I-405 and Proposed Retaining Wall Manhole Adjustment (Bid Amount) New Sewer Line Construction Pavement Removal Excavate, lay pipe and backfill Pavement Restoration Flagging Subtotal New Sewer Line Construction Design-Builder Design / Construction Engineering, CWQC and Administration Construction Cost Subtotal Sales Tax (9.5% of Contract) WSDOT Design / Construction Management Total Cost QUANTITY 750 150 750 2 UNITS SF LF S.F Days UNIT COST TOTAL COST $ 28,500.00 $ 2,500.00 $ 14,800.00 $ 4,500.00 $ 1,000.00 $ 22,800.00 $ 11,080.00 $ 62,380.00 $ 5,900.00 $ 6,900.00 $ 75,180.00 TOTAL ESTIMATED CITY COST @ 100% TOTAL ESTIMATED STATE COST @ 0% $ 75,180.00 UT01306-Exhibit B-1 PAGE 1 OF 1 04-02-10 7g. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐156, with the Washington State Department Page 106 of 212 UT 01306 UTILITY CONSTRUCTION AGREEMENT WORK BY STATE ACTUAL COST City of Renton I-405/I-5 to SR 169 Stage 2 -Widening and SR 515 l/C Sewer Relocation for Realignment of Benson Road AMENDMENT #1 PLANS I-405 I-5 to SR 169 Stage 2 -Widening And SR 515 Interchange Sewer Extension Plan and Profile Plan Sheet UT-0-22 M05 I-5 to SR 169 Stage 2 - Widening And SR 515 Interchange Utility Details Plan Sheet UTD-0-15 UT 01306 - Exhibit C-1 PAGE 1 of 3 06-11 -10 7g. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐156, with the Washington State Department Page 107 of 212 NOTES: FILL AND RECHANNEL THE INVERT OF TOE EXISTING MANHOLE WITH CONCRETE TO PROVIDE SMOOTH TRANSITION BETWEEN THE NEW SEWER AND THE EXISTING SEWER BEE DETAIL 4 ON UTU4-21. 2. SEE SANITARY SEWER MANHOLE DETAILS ON UTTM-SI.TTP FOR NEW MANHOLES AND PIPE BEDDINa NOTIFY OLYMPIC PIPELINE OF ANY CONSTRUCTION ACTIVITIES WITHIN 100 FEET OF THEIR PIPELINE AFTER CONNECTION OF NEW SIDE 8EWER ABANDON EXISTING SEPTIC TANK BY LICENSED SEPTIC TANK INSTALLER. SUBMIT EOUIPMENT WBIOHT, WHEEL LOADS, AND CROSSING LOCATIONS TO OLYMPIC BEFORE CROSSING THEIR UNE WITH ANY CONSTRUCTION OR HEAVY EQUIPMENT. SUBMITTAL MUST BE APPROVED BY OLYMPIC BEFORE CROSSINO THEIR PIPELINE, TELEPHONE NUMBEn «S33S-77B7. USE COMMON BORROW COMPACTED TO 85% STANDARD COMPACTION FOR ALL BACKFILL UNDER EXISTING AND PROPOSED PAVEMENTS. 7 g .   ‐   T r a n s p o r t a t i o n   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   A m e n d m e n t   # 1   t o   C A G ‐ 0 8 ‐ 1 5 6 ,   w i t h   t h e   W a s h i n g t o n   S t a t e   D e p a r t m e n t   P a g e 1 0 8 o f 2 1 2 LENGTH AS SHOWN ON PLAN SHEET t-PVD SIDE SEWER PIPE TEE WITH B-SIDE OUTLET - FUTURE EXTENSION WHERE BIDE SEWER CONNECTS TO EXISTING BUILDING SEWER *T 2"x 4" STUD MARNNO POIT PAWTED WHITE WITH THE WORD "SEWER" STENCILED IN T HtOH BUCK LETTERS AND IS WIRE EXTENP.N4I FROM END Op PIPE TO MARKING POST AND WRAPPED AROUND THE STUD AND EXTENDED TO THE TOP OF THE STUD WHERE SIDE SEWER DOES NOT CONNECT TO EXISTING BUILDINQ SEWER raiDE SEWER AND BU.LOU.0 SEWER A.VTTWFKD CLAY HAM -CUT IN A NEW TEE USING FLEXIBLE COUPLINGS (FERNCO OR APPROVED EQUAL). B. CONCRETE MAIN - CORE-DRILLED WITH A ROKAC SADDLE (OR APPROVED EQUAL). C. PVC MAM - CORE-DRILLED WITH A ROHAC SADDLE [OR APPROVED EQUAL) OR CUT IN A NEW TEE USINO RKJID COUPUNOS. D. DUCTILE IRON MAIM - CORE-DRILLED WITH A ROHAC SADDLE (OR APPROVED EQUAL). BL MANHOLE CONNECTION -ALL CONNECTIONS TO MANHOLES SHALL BE AT MANUFACTURED KNOWCK-OUT8 OR THE STRUCTURE SHALL BE CORE-DRSXED. BO'ALLOWABLE MAX. FOR CAST RON PIPE OR DUCTILE IRON PIPE. -11 N.C. SOCKET SCREW 1V,-LOHO (BRONZE OR %M.) 5i" X T RAISED PADS FIBER JOINT PACKING WATER TWHT PLUO CAST WON RING AND COVgR A. NQTE9; PLUG TO BE SEALED IN SAME MANNER AS MAIN SEWER JOINTS, BLOCK FOR LEAKAGE TESTING 1. RINO AND COVER SHALL BE EAST JORDAN IRON WORKS, INC. No.lsst OR EQUAL CLEAN OUT SHAU BE A WATER TIGHT ASSEMBLY. CONCRETE BLOCKING ANGLE OF TEE AT MAH OVER JS ELEVATION TYPICAL SIDE SEWER ELEVATION 1. UNUM OTHERWISE SHOWN ON PLAN. SIDE SEWER SHALL HAVE A MIMMUMI IT COVER AT PROPERTY LINE OR UC LOWER THAN THE LOWEST HOUSE ELSVATIOH, WHICHEVER Is LOWER. SIDE SEWER/ CLEANOUT [MO. | ISSUE DATE| ISSUE RECORD - DESCRIPTION I rauL DESOH . a. PEMOHSD BY CHECKED BY B. THOMPSON w Washington State Department of Transportation 1-405 1-6 TO SR 169 STAGE Z - WIDENING AND SR 61S INTERCHANGE UTILITY DETAILS 7 g .   ‐   T r a n s p o r t a t i o n   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   A m e n d m e n t   # 1   t o   C A G ‐ 0 8 ‐ 1 5 6 ,   w i t h   t h e   W a s h i n g t o n   S t a t e   D e p a r t m e n t   P a g e 1 0 9 o f 2 1 2 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Addendum #1 to CAG 08-157 Utility Construction Agreement Regarding Fiber Optic Conduit in the I-405/I-5 to SR 169 Stage 2 Widening Project -- Amendment #1 Meeting: Regular Council - 13 Sep 2010 Exhibits: Utility Construction Agreement UT 01312 -- Amendment #1 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Rich Perteet, Deputy Public Works Administrator- Transportation (extension 7242) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $120,156 Transfer Amendment: $ Amount Budgeted: $ $140,000 Revenue Generated: $ Total Project Budget: $ $140,000 City Share Total Project: $ $120,156 SUMMARY OF ACTION: In October 2008, the City entered into Utility Agreement UT 01312 with the Washington State Department of Transportation (WSDOT) in order to include, within the I-405/I-5 to SR 169 Stage 2 Widening and SR 515 Interchange Project, the extension of the City's fiber optic network conduit under and over I-405 for an estimated cost of $292,000. Since the original agreement, final design has been completed and the updated cost estimate has been reduced to $120,000. Utility Construction Agreement UT 01312 (CAG 08-157) is being amended in order to reflect the changes in work scope and the reduction in cost. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment #1 to the Utility Construction Agreement UT 01312 with WSDOT regarding the City's fiber optic conduit installation in the I-405/I-5 to SR 169 Stage 2 Widening Project. 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 110 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 111 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 112 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 113 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 114 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 115 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 116 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 117 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 118 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 119 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 120 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 121 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 122 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 123 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 124 of 212 7h. ‐ Transportation Systems Division recommends approval of  Amendment #1 to CAG‐08‐157, with the Washington State Department Page 125 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Airport Sustainability Plan Meeting: Regular Council - 13 Sep 2010 Exhibits: Federal Aviation Administration (FAA) Grant and Grant Assurances Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manger (x7471) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $ 7,500 Transfer Amendment: $ Amount Budgeted: $ 0 Revenue Generated: $$ 150,000 Total Project Budget: $ $ 157,500 City Share Total Project: $ $ 7,500 SUMMARY OF ACTION: The Renton Airport was selected by the FAA as part of a pilot project to develop an Airport Sustainability Plan. The FAA has offered a grant of $150,000 to complete this project. Since this pilot project is limited to 10 airports across the country, and because sustainability is such an important concept, Airport staff would like to complete this work. Per the FAA, Airport staff issued a Request for Qualifications to seek out interested consulting firms. Eleven companies submitted their information for review and a decision on a consulting firm is forthcoming. Once the firm is selected, the project will commence to develop a sustainability plan that focuses on the Airport and its operations. The schedule is to have the final plan completed by the end of June 2011. The City should accept this grant money from the FAA in order to begin work on the sustainability plan. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the FAA grant and federal grant assurances. 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 126 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 127 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 128 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 129 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 130 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 131 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 132 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 133 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 134 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 135 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 136 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 137 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 138 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 139 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 140 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 141 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 142 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 143 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 144 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 145 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 146 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 147 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 148 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 149 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 150 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 151 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 152 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 153 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 154 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 155 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 156 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 157 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 158 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 159 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 160 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 161 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 162 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 163 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 164 of 212 7i. ‐ Transportation Systems Division recommends approval to accept  $150,000 in grant funds from the Federal Aviation Administration to Page 165 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate – CAG-08-115 SWP-27-3296, Dayton Avenue NE / NE 22nd Street Drainage Improvement Project Meeting: Regular Council - 13 Sep 2010 Exhibits: Pay Estimate #11 Final Notice of Completion Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ron Straka (ext. 7248), Daniel Carey (ext. 7293) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 1,250 Transfer Amendment: $N/A Amount Budgeted: $ 15,000 Revenue Generated: $N/A Total Project Budget: $ 300,000 (2008)City Share Total Project: $ N/A SUMMARY OF ACTION: Pivetta Brothers Construction, Inc. started construction on the Dayton Avenue NE / NE 22nd Street Drainage Improvement Project on September 23, 2008, and completed the work on January 8, 2009. The project included relocating a pool pump house so the new storm system could be installed. During 2009, a problem developed with the pump house piping, and repairs were completed in December 2009. The contract included a one year maintenance period for restoration and repairs, which was completed in 2010, allowing for approval of the Final Pay Estimate. The original contract amount was $162,990.00 and the final contract amount is $168,657.85. The increase of $5,667.85 was due to differences in bid item quantities, revising the design to avoid a conflict with existing gas lines, and a change order for a portion of the repair work. The project is funded by the Surface Water Utility’s Capital Improvement Program’s (CIP) Small Drainage Projects (account number 427.475450.018.595.38.63.000). The approved 2008 CIP budget for the project was $300,000.00 and the majority of the project expenditures were paid for in the 2008 CIP budget. The approved 2010 CIP budget for the project is $15,000.00. There is sufficient budget remaining in the approved 2010 CIP budget to fund the final pay estimate and staff costs. STAFF RECOMMENDATION: Accept the Dayton Avenue NE / NE 22nd Street Drainage Improvement Project, approve the Final Pay Estimate, and release the retainage of $8,432.89 after 60 days and after all the required releases from the state have been obtained. 7j. ‐ Utility Systems Division submits CAG‐08‐115, Dayton Ave. NE/NE  22nd St. Drainage Improvement, and requests approval of the project, Page 166 of 212 7j. ‐ Utility Systems Division submits CAG‐08‐115, Dayton Ave. NE/NE  22nd St. Drainage Improvement, and requests approval of the project, Page 167 of 212 7j. ‐ Utility Systems Division submits CAG‐08‐115, Dayton Ave. NE/NE  22nd St. Drainage Improvement, and requests approval of the project, Page 168 of 212 7j. ‐ Utility Systems Division submits CAG‐08‐115, Dayton Ave. NE/NE  22nd St. Drainage Improvement, and requests approval of the project, Page 169 of 212 State of Washington Department of Revenue PO Box 47474 Olympia WA 98504-7474 Contractor’s Registration No. (UBI No.) 600 522 209 Date 8/27/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name & Address of Public Agency Department Use Only City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number SWP-27-3296 Dayton Ave NE / NE 22nd St Drainage Improv. Proj CAG-08-115 Contractor’s Name Telephone Number Pivetta Brothers Construcion, Inc.253-862-7890 Contractor’s Address 1812 Pease Ave, Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted 9/23/08 12/14/09 9/13/10 Surety or Bonding Company Travelers Casualty and Surety Co. Agent’s Address 1001 Fourth Ave, Suite 1800, Seattle, WA 98154 Steve Palmer, 800-422-4710 Contract Amount $ 162,990.00 Additions $+5,667.85 Reductions $–0 Sub-Total $168,657.85 Amount of Sales Tax Paid at 0.0 %$0.00 (If various rates apply, please send a breakdown.) TOTAL $168,657.85 Liquidated Damages $ Amount Disbursed $160,224.96 Amount Retained $8,432.89 TOTAL $168,657.85 Disbursing Officer Comments: Sales Tax Rule 171 applies to this project.Signature Type or Print Name Phone Number The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department’s certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) 7j. ‐ Utility Systems Division submits CAG‐08‐115, Dayton Ave. NE/NE  22nd St. Drainage Improvement, and requests approval of the project, Page 170 of 212 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Interlocal Agreement Between King County and the City of Renton for the Transfer of Drainage Facilities and Property Interests within City Limits to the City of Renton Meeting: Regular Council - 13 Sep 2010 Exhibits: Issue Paper Interlocal Agreement Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ron Straka, x7248 Gary Fink, x7392 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The City of Renton and King County would like to execute the Interlocal Agreement by which King County transfers to Renton stormwater drainage facilities and easements located within Renton’s City limits. The stormwater facilities and properties were previously owned and maintained by King County. The stormwater facilities, located within areas previously annexed into the City of Renton between 2005 and 2008, now serve neighborhoods within City limits. The Surface Water Utility Maintenance Section is currently maintaining these stormwater facilities. The Interlocal Agreement is needed to formally transfer legal ownership and maintenance responsibility of the 20 parcels containing stormwater facilities to the Surface Water Utility. STAFF RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute the Interlocal Agreement between King County and the City of Renton for the transfer of King County drainage facilities and property interests to the City. 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 171 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 172 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 173 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 174 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 175 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 176 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 177 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 178 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 179 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 180 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 181 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 182 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 183 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 184 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 185 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 186 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 187 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 188 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 189 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 190 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 191 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 192 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 193 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 194 of 212 7k. ‐ Utility Systems Division recommends approval of an interlocal  agreement with King County for the transfer of stormwater drainage Page 195 of 212 9a. ‐ Agreement with the Federal Aviation Administration to accept grant  funds for the Airport Sustainability Plan (See 7.i.) Page 196 of 212 9a. ‐ Agreement with the Federal Aviation Administration to accept grant  funds for the Airport Sustainability Plan (See 7.i.) Page 197 of 212 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY REGARDING THE TRANSFER OF DRAINAGE FACILITIES AND PROPERTY INTERESTS. WHEREAS, the City has an established program of services to address the management of storm and surface water runoff; and WHEREAS, the City has annexed areas containing drainage systems, including facilities and property interests, previously owned and operated by King County but now serving areas incorporated into the City; and WHEREAS, the City and King County believe that it is in the best interest of the public that King County transfer to the City ownership of and/or responsibility for drainage facilities and drainage property interests within the municipal boundaries of the City to be managed under the City's surface water management program; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the City and King County are each authorized to enter into an agreement for cooperative action; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement entitled Interlocal Agreement Between King County and the City of Renton For the Transfer of Drainage Facilities and Property Interests. 9b. ‐ Interlocal agreement with King County regarding transfer of  drainage facilities (See 7.k.) Page 198 of 212 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney RES.1470:7/9/10:scr Denis Law, Mayor 9b. ‐ Interlocal agreement with King County regarding transfer of  drainage facilities (See 7.k.) Page 199 of 212 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING THE AMENDED SHORELINE MASTER PROGRAM AND DIRECTING THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT TO FORWARD THE DOCUMENTS COMPRISING THE SHORELINE MASTER PROGRAM TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR APPROVAL WHEREAS, the people of the State of Washington enacted the Shoreline Management Act (RCW 90.58) by a vote of the people in 1971; and WHEREAS, the Growth Management Act (RCW 36.70A.480) adds the goals and policies of the Shoreline Management Act as set forth in RCW 90.58.020 as one of the goals of the Growth Management Act without creating an order of priority; and WHEREAS, the Shoreline Management Act (RCW 90.58.080) provides a timetable that requires the City to amend its master program by December 1, 2009, and the City received a grant from the Department of Ecology to support the update process; and WHEREAS, the City developed a comprehensive public involvement plan that provided widespread public notice and held periodic public workshop meetings and public hearings with the Planning Commission between Spring 2008 and Spring 2010 and City Council meetings in 2010; and WHEREAS, the City developed a Shoreline Inventory and Characterization document and distributed it for agency and public review and compiled and responded to comments and issued a final document in March 2010; and 9c. ‐ Approve the amended Shoreline Master Program and direct  forwarding to the Washington State Department of Ecology (See 8.b.)Page 200 of 212 RESOLUTION NO. WHEREAS, the City developed a series of technical memoranda on specific topics relevant to the Shoreline Master Program and held a series of public workshops on the documents and compiled and responded to comments; and WHEREAS, the City issued a Draft Shoreline Master Program in July 2009 and considered and responded to government agency and public comments and prepared a Revised Draft Shoreline Master Program in October 2009, December 2009, February 2010, March 2010, June 2010 and September 2010; and WHEREAS, the City issued a Draft Cumulative Impacts Analysis in July 2009 and considered and responded to government agency and public comments and prepared a Revised Cumulative Impacts Analysis in October 2009 and a Final Cumulative Impacts Analysis in March 2010; and WHEREAS, the City issued a Draft Restoration Plan in October 2009 and considered and responded to government agency and public comments and issued a Final Restoration Plan in March 2010 with minor corrections in June 2010; and WHEREAS, the City Environmental Review Committee issued a Determination of Non- Significance on the proposed Shoreline Master Program on May 10, 2010; and WHEREAS, such modification and integration of the Shoreline Master Program is intended to protect and provide for the public interest; and WHEREAS, once the City approves the Shoreline Master Program, it will be sent to the Washington State Department of Ecology for review and approval, a process which may entail further changes and amendments to the documents of the Shoreline Master Program; and 9c. ‐ Approve the amended Shoreline Master Program and direct  forwarding to the Washington State Department of Ecology (See 8.b.)Page 201 of 212 RESOLUTION NO. WHEREAS, upon Department of Ecology approval, the City will adopt the Shoreline Master Program by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. This resolution is supported by the following conclusions based on the adopted findings: A. The City followed its established public participation program; B. Revisions are needed to the Shoreline Master Program; C. All development standards within the attached documents, were reviewed and found to be in compliance with the Shoreline Management Act; and D. The amendments to the Shoreline Master Program are intended to provide for the management of the shorelines of the City by planning for and fostering all reasonable and appropriate uses. This policy is designed to ensure the development of the City's shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while generally protecting public rights of navigation and corollary rights incidental thereto. E. The Cumulative Effects Analysis for the Shoreline Master Program demonstrates that the program will make a positive contribution to maintaining and enhancing the ecological functions of the shorelines in Renton, particularly in reference to near-shore habitat that is 9c. ‐ Approve the amended Shoreline Master Program and direct  forwarding to the Washington State Department of Ecology (See 8.b.)Page 202 of 212 RESOLUTION NO. critical for an early life-cycle stage for Chinook salmon that are currently listed pursuant to the Endangered Species Act. F. Projects vested to the regulations and development standards prior to the adoption of the ordinance are not subject to these standards unless substantial modification of the project is proposed which result in new application for development of the project. SECTION III. The City Council approves the Shoreline Master Program, which is comprised of the documents and proposed amended code provisions attached hereto as Exhibits A-D, and directs the Department of Community and Economic Development to forward the following documents to the State Department of Ecology for review and approval: Exhibit A: Shoreline Management Element of the Comprehensive Plan Exhibit B: Shoreline Environment Overlays Map Exhibit C: Shoreline Restoration Plan Exhibit D: Amended Code Provisions: • RMC 4-3-090, Shoreline Master Program Regulations; • RMC 4-8-120C, Submittal Requirements for Land Use Applications; • RMC 4-8-120D, Definitions of Terms Use in Submittal Requirements for Building, Planning, and Public Works Permit Applications; • RMC 4-9-190, Shoreline Permits; • RMC 4-10-095, Shoreline Master Program, Nonconforming Uses, Activities, Structures, and Sites; and • Chapter 4-11 RMC Definitions. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk 9c. ‐ Approve the amended Shoreline Master Program and direct  forwarding to the Washington State Department of Ecology (See 8.b.)Page 203 of 212 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney RES:1465:6/30/10:scr Denis Law, Mayor 9c. ‐ Approve the amended Shoreline Master Program and direct  forwarding to the Washington State Department of Ecology (See 8.b.)Page 204 of 212 Exhibits are on file with the City Clerk's office. 9c. ‐ Approve the amended Shoreline Master Program and direct  forwarding to the Washington State Department of Ecology (See 8.b.)Page 205 of 212 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 8-7-5, PENALTIES FOR VIOLATION, AND 8-7-8, VARIANCES AND APPEAL, OF CHAPTER 7, NOISE LEVEL REGULATIONS, OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO DECRIMINALIZE AND MAKE VIOLATIONS OF NOISE LEVEL REGULATIONS CIVIL INFRACTIONS, AND AMEND THE PROVISIONS RELATING TO VARIANCES AND APPEALS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 8-7-5, Penalties for Violation, of Chapter 7, Noise Level Regulations, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8-7-5 PENALTIES FOR VIOLATION: Except as otherwise provided, any person violating any portion violation of this Chapter shall be guilty of a misdemeanor civil violation subject to RMC 1-3-2. and may be punished by imprisonment for not more than six (6) months in jail, by a fino of not more than five hundred dollars ($500.00), or by both such fine and imprisonment. Any person violating RMC 8 7 3H of this Chapter shall be guilty of a civil violation and may be punished by a fino of not more than seventy five dollars ($75.00). Each day that a violation continues shall be considered a separate offense. The penalties set forth herein shall not be deemed exclusive, the City may obtain an injunction against such violation from the Superior Court of King County. Any ordinance of the City inconsistent with any portions ofthis 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 206 of 212 ORDINANCE NO. Chapter is repealed except that any ordinance defining noise as a nuisance shall remain in full force and effect. SECTION II. Section 8-7-8, Variances and Appeal, of Chapter 7, Noise Level Regulations, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8-7-8 VARIANCES AND APPEAL: A. Jurisdiction: The Planning/Building/Public—Works Community and Economic Development Administrator or his/her designee shall hear and decide requests for variances from the requirements of this Chapter. B. Application: Parties seeking a variance from this Chapter, or a duly authorized representative of the parties seeking the variance, shall file an application for the variance, which application shall set forth fully the grounds therefor and the facts the applicant deems material to justify the granting of such a variance. The applicant for a noise variance must be the owner or jurisdiction in charge of the project. In no cases shall the applicant for the noise variance be the contractor for the construction project. C. Public Notice And Hearing: A public hearing shall be required for all noise variances which are greater than two (2) days in duration. For those variance requests of two (2) days or less in duration, the variance decision shall be made by the Administrator or his/her designee following the public notice process. If required, T-the hearing for a noise variance shall be a public hearing, the date of which shall be not more than forty five (45) days from the date of filing and 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 207 of 212 ORDINANCE NO. acceptance of the application for the variance. Notice of the time and place of public hearing shall be given and at least one publication in the City's legal newspaper, which publication shall be not less than ten (10) days prior to the date of said public hearing. In addition, three (3) written notices of such public hearing shall be posted at least ten (10) days prior to such hearing within, on or about the location which will generate such noise. Additionally, written notice of the hearing shall be given to any resident or property owner that will experience an increase in noise, or potentially have an increase in noise, such that this variance will increase the quantity of noise received by that property owner or resident. The burden of providing this written notice shall be upon the applicant. The Planning/Building/Public Works Community and Economic Development Administrator or his/her designee shall not consider any variance for which written notices have not been given, or grant any variance that would cause an increase in noise levels beyond that permitted in this Chapter unless the affected property owner or resident has been notified. D. Factors For Granting Variance: The Planning/Building/Public Works Community and Economic Development Administrator or his/her designee, in passing upon an application for a variance, shall consider all technical evaluations, all relevant factors and standards specified in other sections ofthis Chapter, and in addition thereto shall consider the following, none of which is mandatory for the granting of the variance: 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 208 of 212 ORDINANCE NO. 1. That the applicant will suffer an undue hardship and the variance is necessary because of special circumstances applicable to the applicant's property or project, and that the strict application of this Chapter will deprive the subject property owner or applicant of rights and privileges enjoyed by others. 2. That the granting of the variance will not be materially detrimental to the public health, welfare or safety, or unduly injurious to the property or improvements in the vicinity of the location for which this variance is sought. 3. That the variance sought is the minimum variance which will accomplish the desired purpose. 4. That the variance contains such conditions deemed to be necessary to limit the impact of the variance on the residence or property owners impacted by the variance. The variance approval may be subject to conditions including, but not limited to the following: a. Implementation of a noise monitoring program: b. Maximum noise levels; c. Limitation on types of equipment and use of particular equipment; d. Limitation on back-up beepers for equipment; e. Required use of noise shields or barriers; f. Restrictions to specific times and days; 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 209 of 212 ORDINANCE NO. g. Specific requirements for documentation of compliance with the noise variance conditions; h. Specific requirements for notification to nearby residents; i. Required cash security to pay for inspection services to verify compliance; j. Required access to the project by the City to verify compliance with the noise variance conditions; k. Specific program to allow for temporary hotel vouchers to effected residents; I. Requirements for written verification that all workers understand the noise variance conditions for the project; and m. Provision allowing the City to immediately revoke the variance approval is the variance conditions are violated. 5. The importance of the services provided by the facility creating the noise and the other impacts caused to the public safety, health and welfare balanced against the harm to be suffered by residents or property owners receiving the increased noise permitted under this variance. 6. The availability of practicable alternative locations or methods for the proposed use which will generate the noise. 7. The extent by which the prescribed noise limitations will be exceeded by the variance and the extent and duration of the variance. 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 210 of 212 ORDINANCE NO. E. Findings and Conclusions of Planning/Building/Public Works Community and Economic Development Administrator: The Planning/Building/Public Works Community and Economic Development Administrator or his/her designee shall reduce his or her decision to written findings, conclusions and a decision. The written findings, conclusions and decision shall include a section noting the right of appeal from the decision to the City Council. F. Appeals: Any party participating in the public hearing feeling aggrieved by the decision of the Planning/Building/Public Works Community and Economic Development Administrator or his/her designee may appeal the decision of the Administrator to the Hearing Examiner within fourteen (14) days of the decision. The appeal document shall note the errors in findings or conclusions which the appellant believes are material to the appeal. The Hearing Examiner shall consider the appeal and shall affirm the decision of the Administrator unless the Hearing Examiner finds that there are material errors in the findings or conclusions, or that the decision is not supportable by the findings and conclusions. If the Hearing Examiner finds such errors it shall reduce its decision to writing specifying the findings and conclusions that are in error or stating that the decision is not supportable by the findings and conclusions. Any party remaining aggrieved by the decision of the Hearing Examiner may further appeal to the King County Superior Court within twenty-one (21) calendar days from the date of the City Council's Hearing Examiner's decision. 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 211 of 212 ORDINANCE NO. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _, 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1655:8/9/10:scr 9a. ‐ Amending noise level regulations (1st reading 8/16/2010) Page 212 of 212