HomeMy WebLinkAboutContract CAG-99-141
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NONOPPOSITION AGREEMENT
THE NONOPPOSITION AGREEMENT made and entered into as of
the A114�- day of vtkir , 1999 by and between Michael
Christ, One, LLC a Washington limited liability company
( "CHRIST") , the Boeing Company, a Delaware corporation
( "BOEING" ) ' and the City of Renton, a Washington municipal
corporation ("City" ) . (CHRIST; BOEING and the City are
collectively referred to as the "PARTIES") :
RECITALS
A. CHRIST has entered into a purchase and sale
agreement with Puget Western to purchase that property
commonly known as the Shuffleton Steam Plant site (the
"Property" ) in Renton, Washington legally described in Exhibit
A. The Property lies adjacent to Boeing' s Renton
manufacturing and final assembly facility (the "Boeing_
Facility" ) legally described in Exhibit B. The Property and
the immediately adjacent portion of the Boeing Facility are
illustrated in Exhibit C. Exhibits A, B, and C are attached
hereto and incorporated hereby by this reference :
B. CHRIST has proposed to the City the phased
redevelopment of the Property from its existing industrial
land use to a mixed-use development consisting of office,
residential and commercial uses (the "Redevelopment" ) As shown
in Exhibit D, attached hereto and by this reference
incorporated herein. The government permits and approvals
which either have been or are likely to be sought by Christ
which may be necessary for the Redevelopment include but are
not limited to a Planned Action Designation, Comprehensive
Plan Amendment and Rezone, a Zoning Code Text Amendment, a
Master Site Plan Approval and phased individual site plan
approvals, a Shoreline Substantial Development Permit,
clearing, grading, demolition, construction building and
mechanical permits, short plat or boundary line adjustment
approvals, roadway access approvals, parking and loading
regulations modifications, variances, and hydraulic project
approval (the 'Permits and Approvals" ) .
C. The City has begun drafting a Supplemental
Environmental Impact Statement (SEIS) to address the
environmental impacts of a planned action proposal and the
proposed Redevelopment (the Southport Development Planned
Action DEIS, June 1999) . The Draft SEIS has been issued and
[00000-0000/SB992350.122] 9/17/99
+ the comment period expired 7/29/99. The Final EIS was issued
September 9, 1999 .
D. Christ has presented Boeing and the City with
proposed site plans for the Redevelopment planned action on
file with the City. Boeing has expressed concerns to Christ
and to the City by comment letters dated July 14, 1999 and
July 28, 1999 ( "Comment Letters" ) on file with the City.
E . Christ is willing to modify its plans and commit to
a development plan which prohibits residential development
from being located closer than 380 feet to the Boeing Plant
and imposes other use restrictions and notice requirements in
consideration of Boeing' s withdrawal of its comment letters
and its agreement not to oppose the Redevelopment and any of
Christ ' s Permits and Approvals for the project as described
herein and as depicted in Exhibits D and G.
F. Boeing is willing not to oppose the Redevelopment
and Christ ' s Permits and Approvals in consideration of the
Redevelopment being developed, constructed and operated as
provided by this Agreement, and provided that the terms and
conditions of this Agreement are imposed, implemented and
enforced.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises,
covenants and agreements contained herein, Christ, Boeing, and
the City, each with the intent that each be legally bound,
agree :
AGREEMENT
1 . PROJECT DESCRIPTION
So long as any portion of the Boeing Facility within
1, 000 feet of the Property is owned, in whole or in party, by
Boeing or a related entity, and is used, in whole or in part,
as an aircraft manufacturing and final assembly plant or for
any other heavy industrial use ("Condition" ) :
(a) The Property shall not be developed with more than
540 total residential units, except that a hotel or other
commercial use shall be allowed in the non-residential area as
shown in Exhibit D, and as provided by existing and proposed
City codes, a copy of which is attached as Exhibit E and by
this reference incorporated herein.
(b) Building heights shall not exceed 125 feet above
existing grade, excluding rooftop mechanical equipment .
[00000-0000/SB992350.122] -2- 9/17/99
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(c) Landscaping shall be as required herein and by the
current City Code . Relevant portions of the Code are attached
as Exhibit F and by this reference incorporated herein.
(d) Building locations shall be generally as shown in
Exhibit D.
(e) Building uses and occupancies shall be as shown in
Exhibit D.
(f) No change, expansion or intensification of use or of
any building that could increase environmental impacts or the
sensitivities to occupants and users of the Property shall be
commenced or implemented without the prior written consent of
Boeing and issuance of such Permits or Approvals as may be
required by the City.
2 . ESTABLISHMENT OF RESIDENTIAL RESTRICTION AREA
(a) Christ shall submit to the City a modification to
its proposed Redevelopment, as described in this Agreement,
including Exhibit D, and including the prohibition of any
residential uses on that portion of the Property located
within 380 feet of the Boeing Plant (the "Residential .
Restriction Area") .
(b) Christ shall submit to the City a modification to
any currently pending applications for Permits and Approvals,
necessary to cause the Redevelopment to conform to the terms
and conditions of this Agreement .
(c) So long as the Condition exists, all future
applications for Permits and Approvals shall be consistent
with the terms and conditions of this Agreement .
3. RESIDENTIAL USE
So long as the Condition exists :
(a) Residential use (the hotel shall not be considered a
residential use) shall be allowed only in the areas designated
"residential" in Exhibit D, and shall not be permitted to
occur within the Residential Restriction Area.
(b) Subject to (c) , below, all residential use shall be
month-to-month or day-to-day tenancies . No permanent, long-
term residential uses shall be allowed except with prior
written consent of Boeing, which shall not be unreasonably
withheld or delayed.
[00000-0000/SB992350.122) -3- 9/17/99
(c) No individual ownership or long7term lease of
individual residential units shall be allowed without the
prior written consent, of Boeing, which consent shall not be
unreasonably withheld or delayed in the face of a reasonable
showing by Christ of the economic or market feasibility or
necessity for such ownership or long-term lease .
4 SETBACKS AND LANDSCAPING
So long as the Condition exists :
(a) Christ shall provide a buffer of not less than 25
feet between the common boundary line of the Property and the
Boeing Facility. The buffer shall be intensively landscaped
and will provide screening and visual relief between the
residential tenants and the Boeing Facility. The buffer shall
include a vehicular access road as shown on Exhibit D, and may
require further utilities, transformers, airhandling
equipment, etc. The area immediately north and west of
building 1 will also be intensively landscaped with mixed
deciduous and evergreen plantings of a density and of
sufficient size to obscure the Boeing Facility from the
Property. A conceptual landscaping plan is attached as
Exhibit G that is representative of Christ ' s intentions, but
which also may require modifications the City may dictate to
meet traffic and other municipal requirements, . or as a
restaurant intended for this area may reasonably require .
Portrayal of the office portion of the site in Exhibit D is
conceptual only; the design will ultimately be driven by
market and/or specific tenant requirements, and must remain
flexible to their needs . Nevertheless, Christ and Boeing
confirm that they are of a common. goal to effectively screen
residential facilities at the Property from the Boeing
facility.
(b) The buffer and landscaping shall be regularly
maintained. Plant losses shall be replaced promptly with the
same or similar material .
5 . NOTICES TO USERS
Upon closing and acquisition of title to the Property by
Christ or any related entity, Christ shall record a Notice on
Title to the Property, and shall provide all prospective
purchasers, users and tenants (as to users and tenants, with
changes only in tense) of all or any portion of the Property
with written notice as follows :
[00000-0000/SB992350.122] -4-. 9/17/99
The property immediately south of the Southport
property is zoned for heavy industrial use, and
is currently used as an aircraft manufacturing
and final assembly plant. A variety of
industrial activities occur on the property
that maybe inconvenient or cause discomfort to
people using, working or residing at Southport.
This may arise from aircraft manufacturing
activities, including aircraft final assembly
and painting, and a wastewater treatment plant,
which may generate unpleasant and annoying
odors, vibrations, noise, dust, and air
emissions of hazardous and toxic air pollutants
and volatile organic compounds . The City of
Renton has established manufacturing and other
heavy industrial uses as priority uses on
designated heavy industrial lands . Nearby
property owners, _residents and users should be
prepared to accept such inconveniences or
discomfort from normal, necessary heavy
industrial operations when performed in
compliance with local , state and federal law.
The owner of the property [described on Exhibit
A] for itself, its successors and assigns,
hereby waives to the extent permitted by law
its right to protest or challenge any lawful
heavy manufacturing operation or activity or
the environmental impacts lawfully caused by
the current aircraft plant or other heavy
industrial use to the property described on
Exhibit A or to its owners, users or occupants .
(b) This written notice shall be in bold typeface and
not less than 10-point type.
(c) Except as may be required by law, or to avoid
violations of law, so long as the Condition exists, this
written notice may not be changed, modified, amended, or
suspended without the express prior written consent of Boeing,
which consent may be withheld in Boeing' s sole discretion.
6. DEED RESTRICTIONS
(a) Upon closing and acquisition of title to the
Property by Christ or any related entity, Christ will also
record a restriction on title to the Property as follows :
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r
So long as adjacent property is owned by The
Boeing Company, a Delaware corporation, or a
related entity, and is used as an aircraft
manufacturing and final assembly plant or other
heavy industrial use, no residential use or
residential structures of any type, whether
permanent, temporary, long-term, short-term,
rental, or otherwise, with the exception of
hotel or other commercial uses, shall be
constructed, placed or used within 380 feet of
the common boundary line of this property and
the adjacent Boeing Aircraft Manufacturing and
Final Assembly- Plant as depicted in Exhibits C
and D. No more than 540 residential units
shall be allowed on that portion of the
property designated for residential use, as
shown on Exhibit D.
(c) This restriction and the notice described in Section
5 shall remain in effect so long as Boeing uses any portion of
its property within 1, 000 feet of the Southport property for
heavy aircraft manufacturing and final assembly or for other
heavy industrial purposes .
(d) The notice and restriction on title shall be
recorded against title to the entire Property described in
Exhibit A at the time Christ acquires title to the Property.
If the Property is subdivided, the notice and restriction on
title shall apply to all future lots, parcels and tracts .
(e) So long as Boeing uses any portion of its property
within 1, 000 feet of the Southport property for heavy
industrial purposes, neither the recorded notice nor the
restriction on title may be removed, extinguished, waived,
suspended, amended or modified without the prior express
written consent of Boeing, which consent may be withheld in
Boeing' s sole discretion.
7 . DESIGN AND CONSTRUCTION
(a) Heating, ventilation and air conditioning for the
Property office buildings will be accomplished by a variable
air volume system, or equivalent designed and placed to
minimize the effects of odor and air emissions from the Boeing
Property on building occupants of office buildings at the
Property. This type of equipment lends itself to a variety of
filtering techniques, including synthetic fiber and activated
carbon filters . An appropriate filtering technology will be
selected during the design phase of the Redevelopment. The
[00000-0000/SB992350.122] -6- 9/17/99
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main air handling equipment for those buildings will be
mounted on the roof of the structures . Supply air for
occupied spaces (excluding parking) in commercial buildings at
the Property will enter the buildings from the east face
thereof, and exhaust air will be released from the west face .
Construction shall be designed and carried out to
minimize the impacts of noise and airborne vibration that may
emanate from the Boeing Facility by adherence to Uniform
Building Code Section 1208 . 2, . paragraphs. 1 and 3, relating to
airborne sound insulation.
8 . CITY OF RENTON
(a) The City shall have the full right and power, but
not the obligation, to enforce the terms and conditions of
this Agreement with respect to either or both of the other
parties .
(b) Compliance with the terms and conditions of this
agreement shall be a term and condition of any and all Permits
and Approvals issued by the City for the Property.
9. NOTICE OF SALE
(a) Christ shall provide `Boeing with first notice of
Christ' s intent to sell or offer to sell the Property.
(b) Boeing shall provide Christ with early notice of its
decision to sell all or any portion of its property within
1000 feet of the Southport Property.
10. FINAL SEIS ALTERNATIVE
The Parties understand that the Draft SEIS has been
published without reflecting the Residential Restriction Area.
However, the modified Redevelopment plan as described herein
and as shown in Exhibit D, is presented and analyzed in the
Final SEIS as a new alternative "Plan C. "
11 . COOPERATION
The Parties agree to cooperate and execute such further
instruments, documents and confirmatory agreements and take
such further acts or actions as may be necessary or
appropriate to carry out the intents and purposes of this
Agreement.
[00000-0000/SB992350.1221 -7- 9/17/99
12 . CONFLICTS
In the event of a conflict between the terms and
conditions of this Agreement and any standards or conditions
imposed or required by the City for any Permits and Approvals
for the Redevelopment, the more restrictive standard or
condition will apply.
13. DISPUTE RESOLUTION
(a) Within thirty (30) days of the execution of this
Agreement, Christ and Boeing shall each identify a coordinator .
( "Designated Coordinator" or "DC" ) responsible for addressing
issues and disputes that may arise from time to time under the
Agreement . The Parties shall provide written notice of the
selection of the Designated Coordinator and any subsequently
appointed DCs .
(b) If a dispute arises with regard to. any matter
addressed by this Agreement, the Party raising the disputed
issue shall contact the DC regarding the nature of the
dispute .
(c) The Parties agree that the DCs will use their best
efforts to resolve the dispute presented in an expeditious
manner, consistent with the terms of this Agreement . Each
party agrees to meet and discuss potential solutions to the
dispute within five business days of the date notice of a
dispute was received by the other Party.
(d) If the DCs are unable to resolve a dispute in a
mutually agreeable manner within four weeks from the date that
notice of the dispute was received by the other Party, the
matter shall be referred to the respective supervisors of each
DC. If they are unable to resolve this dispute within four
weeks, it shall be referred to the president of Christ and to
Jim Nelson, Director Facilities & Services, Facilities Asset
Management Organization, Boeing Commercial Airplane Company or
his successor, for resolution.
14 . NONOPPOSITION
By execution of this Agreement, Boeing withdraws its
Comment Letters and agrees not to oppose any existing or
future Permits and Approvals which Christ has sought or in the
future may seek, or which the City or any other governmental
agency has granted or in the future may grant, on the
construction of the Redevelopment as described in this
Agreement and as shown in Exhibits D and G, ,and so long as
[00000-0000/SB992350.122] -8- 9/17/99
Christ has complied with the terms and conditions of this
Agreement . Boeing also agrees not to take any other actions
which might have the effect of stopping, delaying or
increasing the cost of construction of the Redevelopment as
described in this Agreement and as shown in Exhibits D and G
and not to in any way aid, assist, or cooperate with other
persons or entities who oppose the .Redevelopment . Boeing does
not waive its right to legally require that the Redevelopment
be constructed in conformance with the terms and conditions of
this Agreement .
15 . SUCCESSORS AND ASSIGNS
The rights and obligations of the parties shall inure
to the benefit of and be binding upon their respective
successors and assigns .
16. GENERAL PROVISIONS
(a) Entire Agreement
This instrument, including the attached Exhibits A, B, C,
D, E, F, and G contain the entire agreement between the
Parties with respect to the subject matter hereof and shall
not be modified or amended in any way except in a writing
signed by duly authorized representatives of the respective
Parties or their successors in interest or assigns .
(b) Enforcement
It is agreed that the remedy at law for any breach of the
agreements contained herein would be inadequate and in the
event of a breach of this Agreement, the aggrieved Party shall
be entitled to injunctive relief as well as damages for any
such breach. The prevailing party in such an action shall be
entitled to recover its reasonable costs and attorneys ' fees,
including those incurred in any appeal from the judgment of a
lower court .
(c) Notice
Any notice or other communication of any sort required or
permitted to be given hereunder shall be in writing and shall
be deemed sufficiently given if personally delivered,
transmitted by facsimile, electronic mail or three days after
being mailed by U. S . certified mail as follows :
[00000-0000/SB992350.122] -9- 9/17/99
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To Christ : Michael Christ, President
SECO Development, Inc.
10843 NE 8th Street, Suite *200
Bellevue, WA 98004
Facsimile : 425/637-1922
And to: Peter L. Buck
Brent Carson
Buck & Gordon LLP
1011 Western Avenue, Suite; 902
Seattle, WA 98104
Facsimile : 206/626-0675
And to: William N. Appel
Appel & Glueck, P.C.
1218 Third Avenue, Suite 2500
Seattle, Washington 98101
Facsimile (206) 625-1807
To Boeing: Gerald Bresslour, Esq.
The Boeing Company
MS 13-08
P.O. Box 3707
Seattle, WA 98124-2207
And to: Charles E . Maduell
Perkins Coie
1201 Third Avenue, 48th Floor
Seattle, WA 98101-3099
Facsimile : 206/583-8500
(d) Governing Law
This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. Venue
for any action arising out of this Agreement shall be in King
County Superior Court .
(e) Time
Time is of the essence of this Agreement .
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I
. (f) Materiality
All of the terms and conditions contained herein are
material and substantial to Boeing' s agreement not to oppose
the Redevelopment .
(g) Headings
The headings and subheadings contained in this instrument
are solely for the convenience of the Parties and are not to
be used in construing this Agreement.
(h) Authority
The persons executing this Agreement on behalf of the
respective Parties hereby represent and warrant that they are
authorized to enter into this Agreement on the terms and
conditions herein stated.
(i) Counterparts
This Agreement may be .executed in counterparts, all of
which shall be deemed an original as if signed by all Parties .
(j) Binding Effect
This Agreement shall be binding upon the respective
successors and assigns of the Parties hereto and shall inure
to the benefit of and be enforceable by the Parties hereto and
their respective ,successors and assigns .
(k) Confidentiality
Christ and Boeing shall hold in the strictest confidence
all documents and information concerning the other, and the
business and properties of the other. Each understands that
disclosures made by Christ to Boeing under Section 3 (c) , and
either to the other under Section 9, shall be maintained in
confidence . The foregoing notwithstanding, neither party
shall be prohibited from disclosing to its investors,
consultants, brokers or dealers such information as is
customarily disclosed in connection with similar matters, nor
shall this section be construed to prohibit either party from
disclosing information that is required by law.
IN WITNESS WHEREOF, the Parties have caused this
Agreement to be executed as of the day and year first above
written.
I
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MICHAEL CHRIST, ONE , LLC, THE BOEING COMPANY, a Delaware
a Washington Limited- Liability corpQration
Company
B Y
By:
Title : Philip W. Cyburt
Attorney-in-Fact
CITY OF RENTON President., Boeing
Realty Corporation
Y
Jesse Tanner
Its : Mayor
Attest:
Maril n J tersen,City Clerk
[00000-0000/SB992350.122] -12- 9/17/99
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EXHIBIT A
to
NONOPPOSITION AGREEMENT
Legal description of Southport Property
Parcel B of City of Renton Lot Line Adjustment
Number LUA 98-176, recorded in King County,
Washington under Recording No . 9902019014,
located in King County, Washington.
[00000-0000/SB992350.122] -13- 9/17/99
EXHIBIT B
to
NONOPPOSITION AGREEMENT
Page 1 of 2
The property owned by The Boeing Company and the
benefitted property in this Agreement is located in Renton,
King County, Washington and is identified by King County tax
assessor numbers listed below and as depicted in the attached
drawing:
072305-9001
082305-9152
082305-9079
722300-0105
082305-9011
756460-0055
722400-0880
082305-9019
722300-0115
722400-0865
072305-9046
082305-9187
082305-9204
082305-9209
082305-9037
072305-9100
[00000-0000/SB992350.122] -14- 9/17/99
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EXHIBIT B
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NONOPPOSITION AGREEMENT
Page 2 of 2
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EXHIBIT E
to
Nonopposition Agreement 2- 158
Page 2 of 28
4-2-120B
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EXHIBIT E
to
Nonopposition Agreement 2- 159
Page 3 of 28
4-2-120C •
CONDITIONS ASSOCIATED WITH
DEVELOPMENT STANDARDS TABLES FOR
COMMERCIAL ZONING DESIGNATIONS
1. As designated by the Transportation Ele- Talbot Hill to the east, and the Burlington
ment of the Comprehensive Plan. Northern Railroad tracks on the north.
2. R-1, R-5, R-8, R-10, R-14, or RM-l. 12. The master development plan shall consist
3. These provisions may be modified by the of a conceptual and flexible land use plan
Hearing Examiner through the site plan depicting the general location and relation-
review process where the applicant can ships of the following: Critical areas, focal
show that the same or better result will points within the project(e.g.,public pla-
occur because of creative design solu- zas, art work, etc.), general.location and
tions, unique aspects or use, etc.,that can- size of buildings, major access points/
not be fully anticipated at this time. gateways (both into the site and into the
4. R-1, R-5, R-8, R-10, R-14, RM I or RM U. City), phasing of development,private and
public open space provisions, public
5. Provided that a solid 6'barrier wall is pro- access to water and/or shoreline areas,
vided within the landscaped strip and a public transit, recreation areas,vehicle and
maintenance agreement or easement for pedestrian circulation and access to public
the landscape strip is secured. A solid bar- streets, and view corridors.
rier wall shall not be located closer than 5' 13. Heights may exceed the maximum height
to an abutting residentially zoned2 lot. under Hearing Examiner conditional use
6. The Hearing Examiner may modify the permit.
sight-obscuring provision in order to pro- In consideration of a request for condi-
vide reasonable access to the property tional use permit for a building height in
through the site plan review process. excess of 95'the Hearing Examiner shall
7. On lots abutting more than 1 street,the consider the following factors in addition to
maximum setback requirement shall only the criteria in RMC 4-9-030, Conditional
be applied to the primary street as deter- Use Permits, among all other relevant
mined by the Reviewing Official. For addi- information:
tions to existing structures, the maximum a. Location Criteria: Proximity of arterial
setback requirements shall only apply streets which have sufficient capacity
when the addition is subject to the site plan to accommodate traffic generated by
review. the development. Developments are
8. For uses located within the Federal Avia- encouraged to locate in areas served
tion Administration Airport Zones desig- by transit.
nated under RMC 4-3-020,Airport Related
b. Comprehensive Plan:The proposed
Height and Use Restrictions, in no case
shall building height exceed the maximum use shall be compatible with the gen-
allowed by that Section. eral purpose, goals, objectives and
standards of the Comprehensive
9. Abutting is defined as"Lots sharing com- Plan, the zoning regulations and any
mon property lines". other plan, program, map or regula-
10. Adjacent is defined as"Lots located across tion of the City.
a street, railroad right-of-way, except lim- c• Effect on Adjacent Properties: Build-
, ited access roads". ings in excess of 95' in height at the
11. The boundaries of the Green River Valle proposed location shall not result in
y substantial or undue adverse effects
for purposes of this Section are generally
defined as the Green River on the west, on adjacent property.When a building
in excess of 95' in height is adjacent
SW 43rd Street on the south,the base of
to a lot designated.residential on the
City Comprehensive Plan, then set-
EXHIBIT E
to
Nonopposition Agreement 2 - 160
Page 4 of 28
4-2-120C
backleall be equivalent to the Management Act and fitting a circula-
requirements of the adjacent residen- tion pattern within the site:
tial zone.
b. Provision of 5 affordable units per 50
d. Bulk: Buildings near public open units,which meet the provisions of the
spaces should permit public access housing element of the Comprehen-
and, where feasible, physical access sive Plan:
to the public,open space. Whenever
practicable, buildings should be ori- c. Provision of an additional 25'setback
ented to minimize the shadows they from the shoreline above that required
cause on publicly accessible open by the Shoreline Management Act:
space. d. Establishment of view corridors from
e. Light and Glare: Due consideration upland boundaries of the site to the
shall be given to mitigation of light and shoreline;
glare impacts upon streets, major
e. Water related uses. If the applicant
public facilities and major public open
wishes to reach these objec-
tives bonus ob
spaces. lec
tives in a different manner, a system
14. COR 1 is applied to the property known as of floor area ratios may be established
the Stoneway Concrete Site. for the property to be determined at
15. "Downtown core area"is that area the time of site plan review.
bounded by the centerlines of Smithers Furthermore, the master plan must
Avenue South from South Fourth Place to address the impact of this height on neigh-
South Third Avenue and along Avenue boring area and mitigate these impacts.
South from South Third Street to South 20. The maximum setback may be modified by
Second Street, bounded on the north by the Reviewing Official through the site plan
the Cedar River• east to Mill Avenue review process if the applicant can demon-
South, south to South Fourth Street and strate that the site plan meets the following
west to Smithers Avenue South. This area
shall also extend to the west property line criteria:
of those properties fronting along the west a. Orient development to the pedestrian
side of Logan Avenue South between through such measures as providing
South Second and Airport Way, but in no pedestrian walkways, encouraging
case shall the area extend more than 100' pedestrian amenities and supporting
west of the Logan Avenue South right-of- alternatives to single occupant vehicle
way. (SOV)transportation; and
16. COR 2 is applied to the property known as b• Create a low scale streetscape
the Port Quendall Site. through such measures as fostering .
17. Heights may exceed the maximum hei ht distinctive architecture and mitigating
g the visual dominance of extensive
by up to 50'with bonuses for plazas and
other amenities, subject to a Hearing and unbroken parking along the street
i i front; and
Examiner's conditional d use permit.
18
C. Promote safet
A reduced m such measures inimum setback of no less s and visibility through
than 15'may be allowed for structures in as discouraging the
creation of hidden spaces, minimiz-
excess of 25'in height through the site
plan review process. ing conflict between pedestrian and
traffic and ensuring adequate set-
19. Additional height may be allowed; pro- backs to accommodate required park-
vided,the.applicant can demonstrate pro- ing and/or access that could not be
vision of the following significant ublic P r o
vided otherwise.benefits:
The Reviewing Official may also modify
a. Provision of continuous pedestrian the maximum setback requirement if the
access to the shorelin e consi stent applicant t can demonstrate that the preced-
with requirements of the Shoreline ing criteria cannot be met;however, those
EXHIBIT E
to
Nonopposition Agreement 2- 161
Page 5 of 28
criteria which can be met shall be
addressed in the site p
23. Exce
a, due to factors inc P' Ptions:0eS and
to the unique site design not limited extend over the re cornices may
gn re distance of not quired side yard for a
meets or quire- buildings more than 2 . Accessory
- such physical site constraints 9s when
as sensitive areas or utility building erected so that the
meets; or y ease- rear ing is main a distance entire
Y also occu of 30'from the
b. one or more of the of an inside lot line PY the side
o furthered criteria would not (Ord. 1905, Yard
or would 24• These areas 8-15-1961)
compliance with the �impaired by should not be dispersed
back;or maxi' throughout a site, but should
m set- gated in one
C. any function of the Portion of the gg e
use which Possible, the required 2% landscaping Where
the public health, serves adjacent ptoperties should 9 for
would be safety or welfare 25: be C
materially impaired b Eaves,cornices,
required setback. Y the steps, terraces,
21. In consideration of a request porches having no root Platforms
being not over 42" covering and
tional use permit for quest for condi- a front high may be built within
additional building Yard.
height the Hearing Examiner 26• Exception:
Administrator shall consider or Zoning When 40%or
factors in the following storeetasis, of all r More, on front
addition to the criteria in RMC property on 1 side of a
4 9 030, Conditional between 2 intersecting
all other r Use Permits time of the Passage streets at the
relevant information. among built u in of this Code
a. P with buildings has been
Location Criteria:Pr front yard of 9s having a minimum
streets which h Prom °f arterial established b ore or less depth than
to acco have sufficient capacity the y the Code, and that
mmodate traffic apacity them
Provided,
the develo generated by y of such front yards
odate Developments more than 6'in de do not
encouraged to locate in pments are shall be built within hal no building
by transit. areas served save as above or shall any portion,
minirtnu excepted, project into
b. Comprehensive P m front such
use shall Plan The Proposed new buildings provided, further, that
all be compatible P he ged more than ' be required to set back
eral purpose, with the gee- 35 from the street fine in the
standards goals, objectives and R_2°f R-3 Residential Districts,
Plan of the Comprehensive than 2'farther
the zoning regulations and adjoining 2' than any building or more
other plan, program any lot and that this re 9 on an
tion of the gam' map or r not be so interpreted shall
City. (Ord. 4404 egula required front'Prated as to reduce a
c Effect On Adjacent 6-7-1993) Yard to less than 10'in
Adjacent Pro depth. (Ord. 1472,2.18-
'n9s height shall n Parties:Build- 27. Includes 1953)
tial or undue of result in substan- major or secondary
adjacent adverse effects on defined in the a t arterials as
Pro When City's arterial street ma
excess of the a building in Y s 6 Year Transportation Improvement
P°f the
Posed maximum height lan. Arterial Streets within the Central
adjacent to or abuts ght is Pro Business
nated R-1 R_5 a lot desig- River, F District— Central
RM-I R-8. R-10, AI 405 Fr bounded by the Cedar
e , then the setbacks sha 14 or Shattuck eewaY, South 4th
equivalent to the re be Avenue South, Street,
adjacent residential uirements Street,and Lo South Second
zone if °f the exem Logan Avenue South—
back standards exceed the set- Pt from this setback require shall be
merits of the Co m the require- 28. Exception for Com ment.
4593, 4-1-1996) mercial Zone. (Ord. following Community Facilities: The
22 9 development standards
Heights may exceed apply to all uses haute shall
under Hearin the maximu nation. Where these a a P suffix desig-
9 Examiner conditional with those standards
Permit. general) conflict
standards shall y applicable, these
apply:
a Publicly owned structures
ExxiBrT E such housing
uses Shall
be permitted an addi-
Vonopposition Agreement 2- 162
Page,6 of 28
4-2-1200
tionale in height above that other- eight of a publicly owned structure nous-
wise permitted in the Zone if pitched ing a public use may be increased as t&-
roofs".as defined herein, are used for lows, up to a maximum height of 75'to the
at least 60%or more of the roof sur- highest point of the building:
face of both primary and accessory
structures. a. When abutting a public street. 1 addi-
tional foot of height for each additional
b. In addition, in zones where the maxi 1-1/2'of perimeter building setback
mum permitted building height is less beyond the minimum street setback
than 75', the maximum height of a . required at street level unless such
publicly owned structure housing a setbacks are otherwise discouraged
public use may be increased as fol- (e.g., inside the Downtown Core Area
lows. up to a maximum height of 75' in the CD Zone);
to the highest point of the building:
b. When abutting a common property
(i) When abutting a public street, line,1 additional foot of height for each
1 additional foot of height for additional 2'of perimeter building set-
each additional 1-112'of back beyond the minimum required
perimeter building setback along a common property line: and
beyond the minimum street
setback required at street c. On lots 4 acres or greater,5 additional
level unless such setbacks feet of height for every 1% reduction
are otherwise discouraged below a 20%maximum lot area cover-
(e.g., inside the Downtown age by buildings for public amenities
Core Area in the CD Zone); such as recreational facilities, and/or
landscaped open space areas, etc.,
When abutting a common when these are open and accessible to
property line, 1 additional foot the public during the day or week.
of height for each additional
2'of perimeter building set- 31. Through the site plan review process, the
back beyond the minimum Hearing Examiner may waive the sight-
required along a common obscuring provision in order to provide rea-
property line,and: sonable access to the property.
(iii) On lots 4 acres or greater, 5 32. Where included, affordable units must
additional feet of height for meet the provisions of housing element of
every 1% reduction below a the Comprehensive Plan. For COR 2, if a
20%maximum lot area cover- significant public benefit above City Code
age by buildings for public requirements can be provided for a portion
amenities such as recre- of the property which may be contami-
ational facilities, and/or land- nated,a transfer of density may be allowed
scaped open space areas, for other portions of the site.
etc., when these are open Bonus in COR 1: A bonus density of not
and accessible to the public more than 5 dwelling nits
9 per acre may be
during the day or week.
allowed;provided there is a balance of
29. Except with approved master site plans. height, bulk and density established
30. All uses having a "Public Suffix" P through a floor area ratio system and/or a
( ) desi -9 master plan to be decided at the time of site
nation are subject to the following: Height: plan review.
Publicly owned structures housing such
uses shall be permitted an additional 15'in Bonus in COR 2:A bonus density of not
height above that otherwise permitted in more than 2 du/acre for each provision may
the Zone if"pitched roofs", as defined be allowed;provided there is a balance of
herein, are used for at least 60%or more height, bulk and density established
of the roof surface of both primary and addressing the following public benefits:
accessory structures. In addition, in zones
a. Provision of continuous pedestrian
where the maximum permitted building access to the shoreline consistent with
height is less than 75',the maximum
requirements of the Shoreline Man-
EXHIBIT E
to
Nonopposition Agreement 2- 163
(Revised 4/N9)
Page 7 of 28
_ agement Act Oitting a circulation
pattern within the site.
b. Provision of an additional 25'setback
from the shoreline above that required
by the Shoreline Management Act.
c. Establishment of view corridors from
upland boundaries of the site to the
shoreline,
d. Water Related Uses. If the applicant
wishes to reach these bonus objec-
tives in a different system, a system of
floor area ratios maybe established for
the property to be determined at the
time of site plan review as approved by
Council. (Ord. 4773, 3-22-1999)
EXHIBIT E
_ to
(R Nonopposition Agreement
Page 8 of 28 2 - 164
• 08/12/99
4-9-250.D. MODIFICATION PROCEDURES:
1. Application Time and Decision Authority: Modification from standards, either in whole
or in part, shall be subject to approval by the Planning/Building/Public Works Department
upon submittal in writing of jurisdiction for such modification. Application will be made prior to
detailed engineering and design.
2. Decision Criteria: Whenever there are practical difficulties involved in carrying out the
provisions of this Title, the Department Administrator
may grant modifications for individual
vidual cases provided he/she sh all first find
that a specific reason makes the strict letter of this
Code impractical, and that the modification is in conformity with the intent and purpose of
this Code, and that such modification:
a. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon sound
engineering judgment; and
b. Will not be injurious to other property(s) in the vicinity; and
c. Conform to the intent and purpose of the Code; and
d. Can_be shown to be justified and required for the use and situation intended; and
e. Will not create adverse impacts to other property(ies) in the vicinity. (Ord. 4517, 5-
8-1995)
3. Additional Decision Criteria Only for Center Residential Demonstration District:
4. ADDITIONAL DECISION CRITERIA ONLY FOR CENTER OFFICE RESIDENTIAL-3
(COR-3)ZONE
For a modification to s ecial u er sto1y setback standards in the COR-3 zone RMC
Section 4-2-1208 the De artment shall -ely on the recommendations contained within the
Report on Desi n Criteria for Modifications -prepared b the Economic Develo merit
Nei hoods and Strate is Plannin Administrator or desi nee as the basis fora royal
or denial of the
r luest. In addition to the criteria in Section 4-9-250.D.2 the re uest for
modification in the COR-3 zone re uirements for UDDer stn setbacks shall meet all of the
Lllowing criteria
a. In comparison to the standard u er sto setbacks the proposed building
design will achieve the same or better results in terms of solar access . the
Public shoreline trails/opens space and Publically accessble plazas the
building will allow access to sunlight along the public trail/open space system
and plazas abutting the shoreline during daytime and seasonal periods
Droiected for peak utilization by Pedestrians
b. The building will create a step in Derceived hei ht bulk and scale in
comparison to buildings surrounding the subiect building,
EXHIBIT E
to
Nonopposition Agreement 77
Page 9 of 28
• 08/1,2/99
4-1-050 ROLESQD RESPONSIBILITIES:
The regulation of land development is a cooperative activity including man different
9 Y elected
. .. and
appointed boards and City staff. The specific responsibilities of these bodies is set forth below:
A. PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR OR DESIGNEE:
1. Authority: The Planning/Building/Public Works Administrator or his or.her designee shall review and
act on the following:
k. Modifications to development standards in the Centers Residential Demonstration Overlay District,
and Center Office Residential-3 (COR-3) District.
4-2-020 PURPOSE AND INTENT OF ZONING DISTRICTS:
P. CENTER OFFICE RESIDENTIAL ZONE (COR 1-,aff#, COR 2. and COR-3):
The purpose of the Center Office/Residential
Zone is to provide for a mix of in
office and residential activity in a high quality, master planned development which is integrated with the natural
environment. Commercial retail uses which support the primary uses of the site and are ar2chitecturally and
functionally integrated are permitted. Also commercial uses which provide high economic value may be allowed if
designed with the scale and intensity envisioned for the COR zone
uses. Policies governing these uses are primarily contained in the Land Use Element Center Office/Residential
section f the City's adopted Comprehensive Plan. The scale and
location of these sites will typically denote a gateway into the City and should be designed accordingly(see also
Land Use Element Community Design-GhapteF =Gateways'=section). Since the sites function as
gateways, the site planning should incorporate features of interest and use for the users.
In order to address differing site conditions, and recognizing the gateway and environmentally sensitive features of
these sites, this Zone is divided into three 3 sections: COR 11 and-COR 2, and COR 3. COR 1 and 2 share
the same uses and development standards, but differ in heights allowed. COR 3 shares a maiority of uses allowed
in COR1 and 2 as well as most development standards but differs Primarily in densities allowed. COR 1 is applied
to the property known as the Stoneway Concrete Site. COR 2 is applied to the property known as the Port Quendall
Site._COR 3 is applied to the property known as the Shuffleton Site
I
EXHIBIT E
to
Nonopposition Agreement
Page 10 of 28 ,
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EXHIBIT E
to
Nonopposition Agreement
Page 11 of 28
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EXHIBIT E °
to
Nonopposition Agreement
Pate 12 of 28
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w EXHIBIT E
to
Nonopposition Agreement
Page 14 of 28
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Page 15 of 28
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EXHIBIT E
to
Non
opposition Agreement
Page 16 of 28
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Page 17 of 28
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Nonopposition Agreement
Page 18 of 28
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EXHIBIT E
to
Nonopposition Agreement
PaLle 19 of 28
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EXHIBIT E
to
Nonopposition Agreement
Page 20 of 28
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EXHIBIT E w
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Nonopposition Agreement
Page 21 of 28
08/12/99
4-2-120C CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS
.TABLES FOR COMMERCIAL ZONING DESIGNATIONS
1. As designated by the Transportation Element of the Comprehensive Plan. -
2. R-1, R-5, R-8, R-10, R-14, or RM-I.
3. These provisions may be modified by the Hearing Examiner through the site plan
review process where the applicant can show that the same or better result will occur
because of creative design solutions, unique aspects or use, etc. that
cannot
b
anticipated e ful
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4• R-1, R-5, R-8, R-10, R-14, RM-I or RM-U.
5. Provided that a solid 6' barrier wall is provided within the landscaped strip and a
maintenance agreement or easement for the landscape strip is secured. A solid
barrier wall shall not be located closer than 5'to an abutting residentially zoned2 lot.
6. The Hearing Examiner may modify the sight-obscuring provision in order to provide
reasonable access to the property through the site plan review process.
7.
Onlots abutting han
9 more 1 street, the maximum setback requirement shall only be
applied to the primary street as determined by the Reviewing Official. For additions to
existing structures, the maximum setback requirements shall only apply when the
addition is subject to the site plan review.
8. For uses located within the Federal Aviation Administration Airport Zones designated
under RMC 4-3-020, Airport Related Height and .Use Restrictions, in no case shall
building height exceed the maximum allowed by that Section.
9. Abutting is defined as "Lots sharing common property lines".
10. Adjacent is defined as "Lots located across a street, railroad right-of-way, except
limited access roads".
11. The boundaries of the Green River Valley for purposes of this Section are generally
defined as the Green River on the west, SW 43rd Street on the south, the base of
Talbot Hill to the east, and the Burlington Northern Railroad tracks on the north.
12. The
.RESERVEQ.
13. Heights may exceed the maximum height under Hearing Examiner conditional use
permit. In consideration of a request for conditional use permit for a building height in
excess of 95' the Hearing Examiner shall consider the following factors in addition to
EXHIBIT E
to
co> Nonopposition Agreement 41
Page 22 of 28
08/12/99
the criteria in RMC 4-9-030, Conditional Use Permits, among all other relevant
information:
a. Location Criteria: Proximity of arterial streets which have sufficient capacity to
accommodate traffic generated by the development. Developments are encouraged
to locate in areas served by transit.
b. Comprehensive Plan: The proposed use shall be compatible with the general
purpose, goals, objectives and standards of the Comprehensive Plan, the zoning
regulations and any other plan, program, map or regulation of the City.
c. Effect on Adjacent Properties: Buildings in excess of 95' in height at the proposed
location shall not result in substantial or undue adverse effects on adjacent property.
When a building in excess of 95' in height is adjacent to a lot designated residential
on the City Comprehensive Plan, then setbacks shall be equivalent to the
requirements of the adjacent residential zone.
d. Bulk: Buildings near public open spaces should permit public access and, where
feasible, physical access to the public open space. Whenever practicable, buildings
should be oriented to minimize the shadows they cause on publicly accessible open
space.
e. Light and Glare: Due consideration shall be given to mitigation of light and glare
impacts upon streets, major public facilities and major public open spaces.
14. COR 1 is applied to the property known as the Stoneway Concrete Site.
15. "Downtown core area" is that area bounded by the centerlines of Smithers Avenue
South from South Fourth Place to South Third Avenue and along Avenue South from
South Third Street to South Second Street, bounded on the north by the Cedar River,
east to Mill Avenue South, south to South Fourth Street and west to Smithers Avenue
South. This area shall also extend to the west property line of those properties
fronting along the west side of Logan Avenue South between South Second and
Airport Way, but in no case shall the area extend more than 100' west of the Logan
Avenue South right-of-way.
16. COR 2 is applied to the property known as the Port Quendall Site. COR 3 is applied
to the property known as the Shuffleton site
17. Heights may exceed the maximum height by up to 50' with bonuses for plazas and
other amenities, subject to a Hearing Examiner's conditional use permit.
18. A reduced minimum setback of no less than 15' may be allowed for structures in
excess of 25' in height through the site plan review process.
19. Additional height may be allowed; provided, the applicant can demonstrate provision
of the following significant public benefits:
EXHIBIT E
to
Nonopposition Agreement
COR3ZONE1 Page 23 of 28
42
• 08/12/99
a. Provision of continuous pedestrian access to the shoreline consistent with
requirements of the Shoreline Management Act and fitting a circulation pattern within
the site;
b. Provision of 5 affordable units per 50 units, which meet the provisions of the
housing element of the Comprehensive Plan;
c. Provision of an additional 25'setback from the shoreline above that required by the
Shoreline Management Act;
d. Establishment of view corridors from upland boundaries of the site to the shoreline;
e. Water related uses. If the applicant wishes to reach these bonus objectives in a
different manner, a system of floor area ratios may be established for the property to
be determined at the time of site plan review.
Furthermore, the master plan must address the impact of this height on neighboring
area and mitigate these impacts.
20. The maximum setback may be modified by the Reviewing Official through the site
plan review process if the applicant can demonstrate that the site plan meets the
following criteria:
a. Orient development to the pedestrian through such measures as providing
pedestrian walkways, encouraging pedestrian amenities and supporting alternatives
to single occupant vehicle (SOV) transportation; and
b. Create a low scale streetscape through such measures as fostering distinctive
architecture and mitigating the visual dominance of extensive and unbroken parking
along the street front; and
c. Promote safety and visibility through such measures as discouraging the creation
of hidden spaces, minimizing conflict between pedestrian and traffic and ensuring
adequate setbacks to accommodate required parking and/or access that could not be
provided otherwise.
The Reviewing Official may also modify the maximum setback requirement if the
applicant can demonstrate that the preceding criteria cannot be met; however, those
criteria which can be met shall be addressed in the site plan:
a. due to factors including but not limited to the unique site design requirements or
physical site constraints such as sensitive areas or utility easements; or
b. one or more of the criteria would not be furthered or would be impaired by
compliance with the maximum setback; or
c. any.function of the use which serves the public health, safety or welfare would be
materially impaired by the required setback.
21. In consideration of a request for conditional use permit for additional building height
the Hearinq Examiner or Zoning Administrator shall consider.the following factors in
EXHIBIT E
to
Nonopposition Agreement 43
Page 24 of 28
. • 08/12/99
addition to the criteria in RMC 4-9-030, Conditional Use Permits, among all other
relevant information.
a. Location Criteria: Proximity of arterial streets which have sufficient capacity to
accommodate traffic generated by the development. Developments are encouraged
to locate in areas served by transit.
b. Comprehensive Plan: The proposed use shall be compatible with the general
purpose, goals, objectives and standards of the Comprehensive Plan, the zoning
regulations and any other plan, program, map or regulation of the City. (Ord. 4404, 6-
7-1993)
c. Effect on Adjacent Properties: Buildings height shall not result in substantial or
undue adverse effects on adjacent property. When a building in excess of the
maximum height is proposed adjacent to or abuts a lot designated R-1, R-5, R-8, R-
10, R-14 or RM-I, then the setbacks shall be equivalent to the requirements of the
adjacent residential zone if the setback standards exceed the requirements of the
Commercial Zone. (Ord. 4593, 4-1-1996)
22. Heights may exceed the maximum height under Hearing Examiner conditional use
permit.
23. Exceptions: Eaves and cornices may extend over the required side yard for a
distance of not more than 2'. Accessory buildings when erected so that the entire
building is within a distance of 30'from the rear lot line may also occupy the side yard
of an inside lot line. (Ord. 1905, 8-15-1961)
24. These areas should not be dispersed throughout a site, but should be aggregated in
one portion of the property. Where possible, the required 2% landscaping for
adjacent properties should be contiguous.
25. Eaves, cornices, steps, terraces, platforms and porches having no roof covering and
being not over 42" high may be built within a front yard.
26. Exception: When 40% or more, on front foot basis, of all property on 1 side of a street
between 2 intersecting streets at the time of the passage of this Code has been built
up with buildings having a minim.um front yard of more or less depth than that
established by the Code, and provided, that the majority of such front yards do not
vary more than 6' in depth, no building shall be built within or shall any portion, save
as above excepted, project into such minimum front yard; provided, further, that no
new buildings be required to set back more than 35' from the street line in the R-2 or
R-3 Residential Districts, nor more than 2' farther than any building on an adjoining
lot and that this regulation shall not be so interpreted as to reduce a required front
yard to less than 10' in depth. (Ord. 1472, 2-18-1953)
27. Includes major or secondary arterials as defined in the arterial street map of the
City's 6 Year Transportation Improvement Plan. Arterial Streets within the Central
Business District— bounded by the Cedar River, FAI 405 Freeway, South 4th Street,
Shattuck Avenue South, South Second Street, and Logan Avenue South — shall be
exempt from this setback requirement.
EXHIBIT E
COR3ZONE\ to
Nonopposition Agreement ad
Page 25 of 28
• i 08/12/99
28. Exception for Community Facilities: The following development standards shall apply
to all uses having a 'P" suffix designation. Where these standards conflict with those
generally applicable, these standards shall apply:
a. Publicly owned structures housing such uses shall be permitted an additional 15' in
height above that otherwise permitted in the Zone if "pitched roofs", as defined
herein, are used for at least 60% or more of the roof surface of both primary and
accessory structures.
b. In addition, in zones where the maximum permitted building height is less than 75',
the maximum height of a publicly owned structure housing a public use may be
increased as follows, up to a maximum height of 75' to the highest point of the
building:
(i) When abutting a public street, 1 additional foot of height for each additional
1-112' of perimeter building setback beyond the minimum street setback
required at street level unless such setbacks are otherwise discouraged (e.g.,
inside the Downtown Core Area in the CD Zone);
(ii) When abutting a common property line, 1 additional foot of height for each
additional 2' of perimeter building setback beyond the minimum required
along a common property line, and;
(iii) On lots 4. acres or greater, 5 additional feet of height for every 1%
reduction below a 20% maximum lot area coverage by buildings for public
amenities such as recreational facilities, and/or landscaped open space
areas, etc., when these are open and accessible to the public during the day
or week.
29. Except with approved master site plans.
30. All uses having a "Public Suffix" (P) designation are subject to the following: Height:
Publicly owned structures housing such uses shall be permitted an additional 15' in
height above that otherwise permitted in the Zone if "pitched roofs", as defined
herein, are used for at least 60% or more of the roof surface of-both primary and
accessory structures. In addition, in zones where the maximum permitted building
height is less than 75', the maximum height of a publicly owned structure housing a
public use may be increased as follows, up to a maximum height of 75' to the highest
point of the building:
a. When abutting a public street, 1 additional foot of height for each additional 1-112'
.of perimeter building setback beyond the minimum street setback required at street
level unless such setbacks are otherwise discouraged (e.g., inside the Downtown
Core Area in the CD Zone);
b. When abutting a common property line, 1 additional foot of height for each
additional 2' of perimeter building setback beyond the minimum required along a
common property line; and
i
c. On lots 4 acres or greater, 5 additional feet of height for every 1% reduction below
a 20% maximum lot area coverage by buildings for public amenities such as
EXHIBIT E
C to
as
Nonopposition Agreement
Page 26 of 28
• • 08/12/99
recreational facilities, and/or landscaped open space areas, etc., when these are
open and accessible to the public during the day or week.
31. Through the site plan review process, the Hearing Examiner may waive the sight-
obscuring provision in order to provide reasonable access to the property.
32. Where included, affordable units must meet the provisions of housing element of the
Comprehensive Plan. For COR 2, if a significant public benefit above City Code
requirements can be provided for a portion of the property which may be contaminated,
a transfer of density may be allowed for other portions of the site.
Bonus in COR 1: A bonus density of not more than five (5) dwelling units per acre may
be allowed; provided there is a balance of height, bulk and density establ
review. ished through a
floor area ratio system and/or a master plan to be decided at the time of site plan
Bonus in COR 2: A bonus density of not more than two (2) du/acre for each provision
may be allowed; provided, there is a balance of height, bulk and density established
addressing the following public benefits: a) Provision of continuous pedestrian access
to the.shoreline consistent with requirements of the Shoreline Management Act and
fitting a circulation pattern within the site, b) Provision of an additional twenty five foot
(25') setback from the shoreline above that required by the Shoreline Management Act,
c) Establishment of view corridors from upland boundaries of the site to the shoreline,.
d) Water Related Uses. If the applicant wishes to reach these bonus objectives in a
different system, a system of floor area ratios may be established for the property to be
determined at the time of site plan review as approved by Council.
33. RESERVED—for Convenience Commercial Zone Amendments
34. COR-3 Zone Onl : Buildings or portions of buildings which are within one hundred feet
100' of the shoreline shall not exceed a maximum height of seventy five feet (75')
EXHIBIT E
to
coR3zoNE\ Nonopposition Agreement
46
PaLye 27 of 28
• • 08/12/99
TABLE 4-8-120C
LAND USE TYP Site Plan,Level I Site Plan,Level II I
APPLICATIONS E OF
APP
LICA
TION
/PER
MIT
SUBMITTAL REQUIREMENTS
10%Notice of Intent to Annex
0%Petition to Annex
ffidavit of Installation of Public Infor
ation Sign
pplicant Agreement Statement(for
ireless communication facilities)
pplicant's Confirmation of Condition
ompliance
plication Fee per RMC 41170 e I
sessment Information
uthorization for Abatement
Binding Site Plan Map
Business License Application for
Home Occupation
Calculations,Survey
olored Display Maps I I I
onstruction Mitigation Description 5
Draft Deed for Any Proposed Dedica
ion of Land for Public Purposes
Draft Homeowner's Association Doc
EXHIBIT E
to
Nonopposition Agreement 47
Page 28 of 28
4-4-060C
Signs may*be placed on property owned B. *OPE:
by the person conducting the sale or on -
ro
P P
erty where an owner gives consent to post 1. Applicability:All
such sign. All such signs shall be removed mining.excavation and
twenty four(24) hours after the sale is com- grading activities within the City of Renton
t e my shall be subject to the terms and conditions of
this Section.All such activities shall be further
in compliance with chapter 78.44 RCW and
5. Special Restriction for Self Storage subject to the terms of this Section.
Uses in RM-I Zone: No garage, yard, or es-
tate sales are allowed from leased storage 2. Application Required for Existing Ac-
units. (Ord. 4736, 8-24-1998) tivities:The owner or operator of such activ-
ities in the City at the time of the adoption of
C. VIOLATIONS AND PENALTIES: this Section shall make
An r e the initial application
Any person found to be in violation of this Section
within thirty(30)days and the entire applica-
shall be informed in writing by the Planning/Build- tion within ninety (90) days of the effective
ing/Public Works Department of the violation and date of this Section.
shall be given fourteen (14) days to comply with
this Section.on.Following this action,if a subsequent 3. Application Required for Activities
garage sale is conducted in violation of this Sec- Annexed into City:The owner or operator of
tion, each day the sale is conducted shall be con- such activities annexed subsequent to the
sidered a separate violation and shall be subject adoption of this Section shall make the initial
to the following penalty. application within thirty (30) days and the en-
tire application within ninety (90) days from
Any person conducting any"garage sale"as de- the date of annexation.
fined herein in RMC 4-11-070 without being prop-
erly licensed therefor or who shall violate any of 4. Time for Compliance:All such existing
the other terms and regulations of this Section
shall, upon conviction, be tined not less than activities shall comply fully with all provisions
twenty five dollars ($25.00) nor more than one of this Section within the period of time estab-
lished by this Section except such activities
hundred dollars ($100.00)or to be imprisoned which are not existing at the date of the adop-
a period of not to exceed ten (10) days for each tion of this Section shall conform to all provi-
violation. (Ord. 4493, 1-23-1995) sions of this Section prior to the beginning of
their operation.
4-4-060 GRADING EXCAVATION
C. GENERAL:
AND MINING REGULATIONS:
A. PURPOSE: I. Landscaping:Existing vegetation in any
required setback shall be preserved or land-
It is the purpose of this Section to: scaping shall be planted to prevent erosion
and reduce the dust, mud and noise gener-
ated on the proposed reuse of the site.
excavation and grading to promote the Around the periphery
health, safety, morals, general welfare and where the proposed euse of the site requires
esthetics in the City of Renton. the lack of vegetation,the applicant shall
landscape in such a manner as to result in
2. Promote the progressive rehabilitation of reasonable screening.Trees planted shall be
mining,excavation and grading sites to a suit- at least four feet(4')in height. In those areas
able new use. that have been rehabilitated and are desig-
3. Protect those areas and uses in the vicin nated to be planted according to the pro-
ity of mining,excavation and grading activi- plantings shallfbe done as soon aspossible
ties against detrimental effects. to provide mature plants for the new use.
4. Promote safe,economic,systematic and 2. Screening:With the exception of offices,
uninterrupted mining,excavation and grading every effort shall be made to screen effec-
activities within the City of Renton. tively all structures and activities to minimize
EXHIBIT F
to
Nonopposition Agreement 4-9 (Revised 1/99)
Page I of 8
- 4-000u
detrimental effects*jacent property. grading of-Iration by virtue of changing engi-
Screenin may include but is not limited 9 Y lied to veering advisors.
landscaping, berms with landscaping, and a
screening fence. 8. Stop Work Order: Should hazardous
conditions occur in either engineered grading
3. Natural Stream Courses: Every effort or regular grading, the Building Department
shall be made to preserve perennial and in- inspector shall have the responsibility and
termittent streams and their surrounding veg- authority to issue a partial or total stop work
etation. (Ord. 2820, 1-14-1974, eff. order.
1-19-1974)
9. Emergency Permits: Upon application
4. Hydroseeding Required: Within thirty to the Development Services Division, sup-
(30) days of completion of grading work,the ported by those plans adequate for the Direc-
applicant shall hydroseed or plant an appro- for of the Development Services Division to
priate ground cover over any portion of the make a decision, there may be declared an
site that is graded or cleared of vegetation emergency and the Director may issue an
and where no further construction work will emergency fill and grade permit. In order for
occur within ninety (90) days. Alternative there to be declared an emergency, there
measures such as mulch, sodding, or plastic must be a declaration from a State or Federal
covering as specified in the current King regulatory agency that an emergency condi-
County Surface Water Management Design tion exists that threatens public safety, health
Manual as adopted by the City of Renton may or welfare,or the Development Services Divi-
be proposed between the dates of November sion Director must be presented with inde-
1 st and March 31 st of each year. The Devel- pendent evidence that there exists an
opment Services Division's approval of this emergency that imminently threatens public
work is required prior to final inspection and safety, health or welfare, and further that
approval of the permit. (Ord. 4703,2-2-1998) there exists inadequate time to obtain a fill
and grade permit. Before the emergency per-
5. Conformance with RCW: This Section mit can be issued, the Director must ensure
conforms to the requirements of chapter that environmental review has been com-
78.44 RCW which regulates surface mining pleted by the Environmental Review Commit-
in the State of Washington. (Ord. 2820, tee or is under the supervision of a Federal or
1-14-1974, eff. 1-19-1974) State agency that has conducted environ-
mental review. As part of any emergency
6. Notification of Noncompliance: grading,the applicant for an emergency per-
be the responsibility of the certifying engineer mit must provide a disposal plan of the mate-
on any grading project to advise immediately rials satisfactory to the Director, including
any discrepancies, hazardous conditions or routing of any vehicles transporting any con-
problems affecting safety and stability of the taminated,dangerous or toxic materials.Any
project to the person in charge of the grading fill to be installed must comply with the re-
work and subsequently in writing to the grad- quirements of this Section concerning the
ing operator and to the Building Department. contents of the fill. An emergency fill and
Recommendations for corrective measures, grading permit shall be for the minimum time
if necessary, shall be provided in the correc- and minimum volume necessary to avoid the .
tion notices. emergency. (Ord. 4102, 12-14-1987, eff.
7. Transfer of Responsibility for Work: If 12-19-1987)
at any time the grading operator changes the D. BOND REQUIRED TO COVER COSTS
certifying engineer or a different ownership or OF REHABILITATION:
responsible party occurs,the operator shall The Development Services Division shall require
notify the Building Department in writing bonds amounting to one and one-half (1-1/2)
within ten(10)days and shall specify the new times the estimated cost of rehabilitation to as-
civil engineer or owner.The owner or grading sure that the work,if not completed or proceeding
operator shall not be relieved of any respon- in accordance with the approved plans and spec-
sibility relative to the safety and conduct of a ifications, shall be corrected. Such a bond shall
EXHIBIT F be approved by the City Attorney and filed with
to
(Revised 1A Nonopposition Agreement 4- 10
Pale 2 of 8
_ shall not be given LWII work including in- practica*e quality is equal to or better than
stallation of all drainage facilities and their available nursery stock. Existing desirable
protective devices and all erosion control vegetation should be preserved where appli-
measures have been completed in accor- cable.
dance with the final approved grading plan
and the required reports have been submit- 4. Protection of Fragile Natural Environ-
ted. (Ord. 2820, 1-14-1974, eff. 1-19-1974; ments:Areas of fragile natural environments
Amd. Ord. 3592, 12-14-1981) should be protected from development and
Q. APPEALS: encroachment.
If the applicant does not concur with the require- 5. Preservation of Unique Features: If
ments of the Development Services Division, he practicable, unique features within the site
has the prerogative of appealing to the Hearing should be preserved and incorporated into
Examiner pursuant to RMC 4-8-110. (Ord. 3592, the site development design(such as springs,
12-14-1981) streams, marshes, significant vegetation.
R. VIOLATIONS AND PENALTIES: rock out-croppings and significant ravines).
Penalties for any violation of any of the provisions 6. Green River Valley Landscaping Re-
of this Chapter shall be in accord with RMC 1-3-2, quirements: Any development in the Green
Civil Penalties. (Ord. 4351, 5-4-1992) River Valley shall provide a minimum of two
percent(2%)of the total site for landscaping
4-4-070 LANDSCAPING: suitable for wildlife habitat. This landscaping
is in addition to any other landscaping re-
A. PURPOSE AND INTENT: quirements by this Section or any other regu-
lation. The following map depicts the
Landscaping requirements are established to boundaries f
s o this area.
provide minimum landscaped standards neces-
sary to maintain and protect property values and
enhance the image and appearance of the City.
B. APPLICABILITY:
These requirements apply to all uses except sin-
gle family and two (2) family residential uses.
C. PLANS REQUIRED:
Site plans and landscaping plans shall be re-
quired with applications for building permits. The
plan shall contain the information required by
RMC 4-8-120 and must be approved for issuance
of a building permit.
D. GENERAL LANDSCAPE
REQUIREMENTS:
1. Compliance with Zone Standards Re-
quired: See specific Zone requirements
listed in chapter 4-2 RMC.
2. Parking Lot Landscaping Require-
ments:Parking lot landscaping requirements
shall be as listed in RMC 4-4-080F7.
3. Existing Plant Material: Existing trees
and other vegetation on the site of a pro-
posed development may be used where
EXHIBIT F
t0 4 - 18
Nonopposition Agreement
PaEe 3 of 8
4-4-070D
-
GREEN RIVER VALLEY
_
JF1iLii� -1
—
.1
'� 1• _" — �� � `�/ i^ /,'' � .i is
�'.77
1 �Li i IL i
EXHIBIT F
to
Nonopposition Agreement 4- 1 9
Page 4 of 8
7. Compliance w0horelines Master H. MAINAANCE:
Program: Any development within the pro-
tected shorelines area shall be required to
- meet the standards and requirements of the 1• Maintenance Required: Landscaping
required by this Section shall be maintained
City of Renton Shorelines Master Plan. by the owner and/or occupant and shall be
8. Slopes: Stripping of vegetative slopes subject to periodic inspection by the Develop-
ment Services Division. (Ord. 3988,
where harmful erosion and run-off will occur 4-28-1986) Plantings are to be maintained in
shall be avoided. The faces of cut and fill
a healthy, growing condition and those dead
slopes shall be developed and maintained to
control against erosion.This control ma or dying shall be replaced within six (6)
y con- months. Property owners shall keep the
sist of effective planting. The protection for planting areas reasonably free of weeds and
the slopes shall be installed within thirty(30) litter.
days of grading completion and prior to a re-
quest forfinal project approval.Where slopes 2. Failure to Maintain Landscaping: The
are not subject to erosion due to the erosion- g
resistant character of the materials such pro-
Services Division Director or
p his designated representative is authorized to
tection may be omitted with the permission of notify the owner or his agent that any installed
the Public Works Department, provided that landscaping as required by the Development
this protection is not required by the rehabili-
tation plan. Services Division is not being adequately
maintained and the specific nature of the fail-
9. Erosion Control Devices: Where nec
ure to maintain. The Development Services
Division shall send the property owner or his
essary, check dams, cribbing, riprap or other agent two (2)written notices, each with a fif-
devices or methods shall be employed to teen (15)day response period. The notices
control erosion and sediment, provide safety shall specify the date by which said mainte-
and control the rate of water run-off. nance must be accomplished and shall be
10. Underground Sprinkling System Re- addressed to the property owner or agent's
quired: Underground sprinkling systems last known address.
shall be installed and maintained in all land- I. VIOLATION AND PENALTIES:
scaped areas.The sprinkler system shall pro- Violation of this Section shall be a misdemeanor
vide full water coverage of the planted areas punishable as provided in this Code. Each and
3-28-1983)specified on the plan. (Ord. 3718, every day or portion thereof during which violation
3-
of any of the provisions of this Section is commit-
E. LANDSCAPE INSTALLATION: ted,continued or permitted shall constitute a sep-
AII approved landscaping shall be zcompleted on arate offense. (Ord. 3718, 3-28-1983)
site before the issuance of an occupancy permit.
F. DEFERRAL OF LANDSCAPE 4-4-080 PARKING, LOADING AND
IMPROVEMENTS: DRIVEWAY REGULATIONS:
Deferral improvements, due to seasonal planting A. PURPOSE:
difficulties, plant shortages, or to the fact that the
project is impacted b a It is the purpose of this Section to provide a
y pending public works means of re ulatin
project, may be requested pursuant to RMC g 9 Parking to promote the
4-9-060, Deferred Improvements. health, safety, morals, general welfare and aes-
thetics of the City of Renton by specifying the AMENDED LANDSCAPING PLAN: off-
G. street parking and loading requirements for all
be uses permitted in this Code and to describe de-
The approved landscaping requirements may
modified upon request to the Development Ser- sign standards and other required improvements.
P Furthermore, it is the intent of this Section to pro-
vices Division. The plans may be approved, de- mote the efficient use of the City's transportation
nied or returned to the applicant with suggestions facilities by incorporation into that system of alter-
for changes that would make them acceptable. native modes of transportation to the single occu-.
pancy vehicle to promote the movement of
EXHIBIT F
to
Nonopposition Agreement 4-20
Page 5 of 8
7. Landscape Re>*ements: d. &mum Landscaping Width Re-
a. When Applicable: All parking lots, quirements Abutting Public Right-of-
loading areas and drive-in businesses, Way:Parking lots shall have landscaped
areas as follows:
vehicle sales lots and storage lots except
those used for detached single family i. Right Angle and Ninety Degree
dwelling units, duplexes and those in en- (900)Stalls:A minimum width of five
closed buildings, shall be landscaped to
the standard set forth in RMC 4-4-070. feet(5')for right angle and ninety de-
gree (900)' parking stalls along the
b. Landscape Approval Required:All abutting public right-of-way except
for areas of in
landscaping under this Section ingress and egress.
ton is subject
to approval by the Building/Zoning De-
partment. Angled Parking Layouts,
partment. Forming a Sawtooth Pattern:Shall
c. General Requirements for All maintain a minimum of two foot (2')
Parking Lots: landscaping strip in the narrowest
part of the sawtooth pattern abutting
i. Landscape Safety Standards: a public right-of-way.
Landscaping shall not conflict with e. Additional Landscaping Required
the safety of those using adjacent for Large Parking Lots: In addition to
sidewalks or with traffic safety. compliance with subsections F7c and
F.7d of this Section,parking lots ten thou-
ii. Retention of Existing Land- sand 00,000) square feet or greater in
scaping Encouraged:Where possi- area shall have a minimum of five per-
ble existing mature trees and shrubs cent (5%) of area within the parking lot
shall be preserved and incorporated landscaped in a pattern that reduces the
in the landscape layout. barren appearance of the parking lot.
iii. Screening of Adjacent Resi- f. Special Landscape
dential Uses Required:A planting and Screening
g Standards for Storage Lots:Perimeters
area or berm with landscaping shall of the lot must be effectively screened by
be provided on those sides of a park- a combination of landscaping and fenc-
ing lot that is adjacent to properties
ing:
used and/or ozoned for residential P ur-
poses. (See specific zoning classifi- i. A minimum of ten foot(10') land-
cation.) Such planting shall be sub scaped strip is required between the
ject to the requirements of the zoning property lines along
development standards and shall be Public dsca -of-
f way and the fence. Th
o a sufficient height to serve as a e landscaping
buffer. shall be of a size and variety so as to
provide an eighty percent (80%)
iv. Screening Modifications:The opaque screen.
Development Services Division may ii. The entire perimeter must be
allow a minimum of a forty two inch fenced by a sight obscuring fence, a
(42") screening fence in lieu of land-
scaping upon proper application for mini mum of eight feet(8 )in height.
good cause shown, which shall in-
Gates may be left unscreened for se-
clude but not be limited to a narrow purity purposes.
parking lot.
g. Underground Sprinkling System
Required: Underground sprinkling sys-
v. Minimum Width:Any landscap- tems shall be required to be installed and
ing area shall be a minimum of five maintained for all landscaped areas.The
feet(5') in width. sprinkler system shall provide full water
coverage of the planted areas as speci-
EXHIBIT, F fied on the plan.
to
Nonopposition Agreement 4 -26
Page 6 of 8
4-4-080x=
h. In tion to Comply with Ap- 16ing stall length to be reduced by two feet
proved ans:All landscaping and span
kler systems shall be installed in (2 ), provided there is sufficient area to
safely allowthe overhang of a vehicle and
accordance with the landscaping and that the area of vehicle overhang does not
sprinkler plan submitted by the applicant intrude into required landscaping areas.
and approved by the Building Department
(see RMC 4-8-120D9i, Irrigation Plans, d. Customer/Guest Parking: The De-
and 4-8-120D91, Landscaping Plans). velopment Services Division may require
8. Parkin Stall T areas be set aside exclusively for cus-
9 ypes,Sizes,and Per- tomer or guest parking and shall specify
centage Allowed/Required: one of the following methods be used:
a. Standard Parking Stall Size: i. A maximum of fifty percent(50%)
of the required parking stalls clearly
i. Minimum Length: A normal designated as "customer parking"or
parking stall shall be twenty feet(20') "guest parking". Parking stalls with
in length, except for parallel stalls, said designations shall be used only
measured along both sides of the us- for said purposes.
able portion of the stall.Each parallel
stall shall be twenty three feet by nine ii. A separate parking lot with its
feet (23'x 9') in size. own ingress and egress,landscaping
ii. Minimum Width:A parking stall and screening exclusively for cus-
tomer parking and adequately signed
shall be nine feet (9') in width mea- as such.
sured from a right angle to the stall
sides. e. Accessible Parking as Stipulated
in the Americans with Disabilities Act
iii. Reduced Width
and Length g (ADA : Accessible
- : When � ble parking shall be pro-
for Attendant Parkin cars
p e
vided er the requirements P _
Wash-
are parked by an attendant,the stall �f the Wash
ington State Barrier Free Standards as
shall not be less than eighteen feet adopted by the City of Renton. (Ord.
long by eight feet wide (18' x 8'). 3988 4-28.1986)
b.
Compact Parking pa king Stall Size and NUMBER OF ACCESSIBLE
Maximum Number of Compact PARKING SPACES
Spaces:
Total Parking Minimum Required
Spaces in Lot r
P o Number of Accessible
i. Stall Size: Each stall shall be Garage Spaces
eight and one-half feet in width and
sixteen feet in length 8-1/2'x 16'). 1 —25 1
9 (
26-50 2
ii. Maximum Number of Compact 51 —75 3
Spaces: Compact parking spaces 76-10 4
shall not account for more than:
101 — 150
5
• Designated employee parking 151 -200 6
—not to exceed forty percent 201 —.300 7
°
(4 /o 0 .
301 —400 g
All other uses—not to exceed 401 —500 g
thirty percent(30%). (Ord.3988, 501 —1,o00 2%of total spaces
4-28-1986) Over 1,0oo 20 spaces plus 1 space for
every 100 spaces, or
c. Special Reduced Length for Over- fraction thereof, over 1,000
hang:The Planning/Building/Public
Works Department may permit the park- (Ord. 3988,4-28-1986)
_ EXHIBIT_ F
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Nonopposition Agreement 4-27
Page 7 of 8
marked and accesses clearly defined, in- I. DRIVES DESIGN STANDARDS:
cluding directional arrows to guide internal
circulation. 1. Driveway Location–Hazard Prohib-
ited:No driveway shall be constructed in
a. All entrances and exits shall be des- such a manner as to be a hazard to any exist-
ignated as such by markings on the park
trig lot pavement in addition to an signs in9 street lighting standard, utility pole. traffic
y g ns regulating device, fire hydrant, adjacent
which may be used as entrance and exit street traffic, or similar devices or conditions.
guides. The cost of relocating any such street struc-
b. All markings are to be of commercial
ture when necessary to do so shall be borne
by the abuttin g property owner. Said reloca-
traffic paint or equal material and are to
lion of any street structure shall be performed
be maintained in a legible condition. only through the department and
person
holding authority for the particular structure
c. All accessible (Americans with Dis- involved. (Ord. 4517, 5-8-1995)
abilities Act, ADA), compact and guest
parking spaces shall be marked. 2. Driveway Spacing Based Upon Land
4. Wheel Stops Required: Wheel stops Use:
shall be required on the periphery of the park-
ing lot so the cars shall not protrude into the a Industrial, Warehouse and Shop-
public right-of-way of the parking lot,or strike ping Center Uses:
buildings. Wheel stops shall be two feet (2') s�9M:a ,,, Mmupe*amuy Sroe Fa^m,
Reswenua Restoemia 4essaem a
from the end of the stall for head-in parking.
5. Drainage: Drainage shall meet City re-
quirements, including the location of the -
drains and the disposal of water.
---------
H. LANDSCAPE MAINTENANCE a 2:: STREET
REQUIREMENTS: f--
v°°t �-�- r .Driveways
1. Maintenance Required: Landscaping I MaF,o v i
shall be kept neat, orderly and of attractive ! r�
appearance at all times. Such landscaping � + •-
shall be maintained by the owner and/or oc- .—L --••—�
cupant. COMMERCI;;L INC.STRIAL 'A14REHOUSE
e SHOPPING CENTEP
2. Periodic Inspection:Landscaped areas i. The location of ingress and
will be subject to periodic inspection by the egress driveways shall be subject to
Development Services Division to ensure
maintenance. Said Division shall advise en- approval of the Planning/Building/
Public Works Department under curb
forcing authority of noncompliance with Sec-
lion requirements.
cut permit procedures.
3. Maintenance Bonds and Char es Au- ii. There shall be a minimum of forty
9 feet(40') between driveway curb re-
thorized: In the event that such landscaping turns where there is more than one
is not maintained in a reasonable, neat, and
clean manner,the City shall have the right to driveway on property under unified
demand a proper g ownership or control and used as
P Per performance or similar one premises.
bond from the owner or occupant of the pre-
mises to assure proper and continuous main- iii: Driveways shall not be closer
tenance, or alternately, the City reserves the
right to cause such maintenance to be done than five feet(5')to any property line
(except as allowed under subsection
and to charge the full cost thereof unto the
17 of this Section,Joint Use Drive-
owner. (Ord. 3988, 4-28-1986)
ways).
EXHIBIT F
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Nonopposition Agreement 4-34
Page 8 of 8
EXHIBIT G
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Nonopposition Agreement
Page 1 of 6
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J6 05 199 03=21 PMSPORTICO INC. EXHIBIT G t0
Nonoppositio reement
Page 5 of 6
RuC nwx a fee Fn ale 40wA to "Pkk tt ewl g&'
GENERAL LIST Ot ttL'CO;,•iMENDID 2AEFS 371 iJjJj
causing with better ornamental Valifieations should be chosen. For specific pur-
have be- ! poses, or for use in certain areas with poor growing conditions, they may ;�d
e against have their place. ; �9
1
ver is to f�Populus albs go' Zone 3 White Poplar !
.go down 1"MT: irregular,rather open
urs. This 'PARK: whitislt-gray
i-pound FOLIAGE. upper side of leaves grayish green, lower-side white and very
s
pubes-
cent making an interesting color contrast also I 1
!'-
At ru.'4N colon: red to reddish, but not too pronounced
sry easily IIADITAT:Europe and Western Siberia
INTRODUCED' c0101iial times_
valued
g vArtimns: nicea—leaves especially «'bite on under surface—Silver Poplar
ipe work I —__+Pyr2mida1k—columnar• in habit, probably originating in the wild +
k Canker about 1841-13olleana Poplar 1
ces were 'RichArdii'—upper surface of leaves dull yellow—many Plants with !
icy were yellow leaves make inferior landscape specimens but this, with its
branches leaves of white under surface, seems to be a rather colorful corn- i
rs which hination and not objectionable—Richard's White Poplar
tld fruits The White Poplar makes a good specimen where there is room for growing
ce, have i it properly for it is a wide-spreading tree. It is the only poplar.with lobed leaves r; 1
I plc ! (at least on vigorous shoots) avid downy under surface of the leaves. Its tend-
1 • cucy to have. red autumn color, even though this is not as pronounced as in F '
r!
1 thtl maples and some other trees, is a point in its favor for fall display. This ex- ,.
s Poplar ; txllerit columnar varict is a good substitute for the Lombardy Poplar and is not
e Poplar { 1110 susre i to the trunk canker that mars the Lombardy Poplar at maturity ,
used in i It can well be u:onsidc-red one of the most ornamental-of the columnar trees. t Il
Land the
x Po ulus Ucrolincnsis 7.one z Devlin Po lar
:de them . P � 75 p y ; ,
.oil make HAFiT:ascending brwnclics,almost columnar in habit !t
re put in 'FOLIAGE: open,bright green i
of water i HY'NHti1 OxiCIV: P.krurifoliti x P.nigra'Italica'
1 to this I ONIGInATED: prior to 1870 !�
1 The Berlin Poplar is a very bard tree and is recommended for areas where t!
roe been ! p• ry y � •;�
ind that the winters are very cold and the summers very hot,such as on:the great prairie
brought areas of the western part of North America.Otherwise, it will not compete well
es forced with better ornamental bees available for cistern planting. E
Ice. This x Populus canadensis eugenei 150' Zone 4 Carolina Poplar
me year. 14ARIT. wide.spread.open
ch as z1 FOLXAC>;;glossy leaves,coarse
nand for HYP»ID ozact*I: Po du:r delto:des r P.ni ra
• Pt
g
oI11CINATrD: about 1832 in France
sniversal t This poplar must be mentioned here because it has been so widely used in ;
e, plants the past. However, it is not recommended for use. In fact, many communities
1
• 1
1
AUG 05 '99 e3:22PM.PORTICO INC. EXHIBIT G
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Nonopposition Agr ent
Page 6 of 6
x Cupressocyparis ieylaridii (AB.Jackson* DaIlimore) Dallimore,and A.B. Jackson
(Chamaecypaiis nootkatensis Spach x Cupressus macrocarpa Hartweg).
LEYLAND CYPRESS. Cupressaceae. USDA Zones 6-10. Wales. Introduced
. 1888 in Wales,
DEscRipnoN `Evergreen conifer with columnar to pyramidal growth habit like-
Chamaecyparis nootkatensis. Grows fast when young to 60-70' high; spread
about one-fourth:of height.
. Leaves. 1/8-W, lon , po inted,. a
rk blue'-green,
Flowers: Scale-like, similar to•Cham_ aecyparis nootkatensis:
Fruit: Canes 3/e-3/a" across with 8 scales.
Winter aspect: Red-brown, scaly bark;-branchlets flattened, somewhat
quadrangular.
cui,TuRF Grows in sun; adaptable to many soils, acid to lime; withstands some salt
spray and wind
Disease and insect-problems: None serious.
Transplanting: Easy, but should be container-grown as fibrous root
system makes it difficult to Ball and burlap.
Propagation: Cuttings from side growths late March or half-ripened wood
late summer.
LANDSCAOF- Magnificent and adaptable tree. Good for hedging since it withstands
VALUE heavy pruning. Also can be used as single spec_imen tree. Fine, feathery
foliage creates graceful appearance. One of the most important tree
.introductions, x C. leylandit has all virtues of one parent, Cupressus
�macrocarpa, and none of its faults. Capable of becoming attractive
specimen; 50-=60' in 25 years. First cross made on estate of Mr. Naylor-in
Wales in 1888. Seedlings taken_by Naylor's brother-in-la' C.J. Leyland,
and planted on his pri o ert Y Ha
ggerston
Hall, Northumberland in 1392-
93. Five still,exist and are parents by vegetative propagation of x C.
leylandii.
Some excellent cultivars:
'Leighton Green'—branches and branchlets upturned at ends; gray-
green leaves when young becoming darker with age, paler beneath.
'Haggerston Gray'--branches loose, upturned at ends,.Iaves sage
green above, pale gray-green beneath.
'Naylvr's Blue-:columnaT;-shoots and leaves grayish-blue above, pale
gray-green beneath
'Stapehill'—dense;columnar form.
'Castlewellan -yellow foliage; supposed to be cross between Cupressus
macrocrtrpa 'Lutea'and Chamaecyparis nootkatensis 'Aurea'.
Plant may be observed at:Arboreta—Bayard Cutting, National, Strybing,U.
of Washington;.Botanical Gardens—Birmingham,Brooklyn, Munich,'
Palmgarten, RoyA/Kew, U. of Georgia,Van Dusen; Gardens—Brookgreen,
Callaway, Longwood; Parks, Golden Gate.