AGENDA

SHORELINE CITY COUNCIL REGULAR MEETING

Monday, October 1, 2018 Council Chamber · Shoreline City Hall

7:00 p.m. 17500 Midvale Avenue North

Page Estimated

Time

1. CALL TO ORDER 7:00

2. FLAG SALUTE/ROLL CALL

(a) Proclamation of Safe Shoreline Month 2a-1

3. REPORT OF THE CITY MANAGER

4. COUNCIL REPORTS

5. PUBLIC COMMENT

Members of the public may address the City Council on agenda items or any other topic for three minutes or less, depending on the number

of people wishing to speak. The total public comment period will be no more than 30 minutes. If more than 10 people are signed up to

speak, each speaker will be allocated 2 minutes. Please be advised that each speaker’s testimony is being recorded. Speakers are asked to

sign up prior to the start of the Public Comment period. Individuals wishing to speak to agenda items will be called to speak first, generally

in the order in which they have signed. If time remains, the Presiding Officer will call individuals wishing to speak to topics not listed on

the agenda generally in the order in which they have signed. If time is available, the Presiding Officer may call for additional unsigned

speakers.

6. APPROVAL OF THE AGENDA 7:20

7. CONSENT CALENDAR 7:20

(a) Approving Minutes of Regular Meeting of 08/13/18 7a-1

(b) Authorizing the City Manager to Execute an Interlocal Agreement

with the Washington Traffic Safety Commission for School Walk

Route Improvement Services in the Amount of $106,011

7b-1

8. STUDY ITEMS

(a) Discussing Ordinance No. 838 – Rezone at 14507 and 14511 Stone

Avenue North

8a-1 7:20

(b) Discussing Ordinance No. 840 – Extending the Right-of-Way

Franchise for Puget Sound Energy

8b-1 7:40

9. ADJOURNMENT 7:50

The Council meeting is wheelchair accessible. Any person requiring a disability accommodation should contact the City Clerk’s Office at

801-2231 in advance for more information. For TTY service, call 546-0457. For up-to-date information on future agendas, call 801-2236

or see the web page at www.shorelinewa.gov. Council meetings are shown on Comcast Cable Services Channel 21 and Verizon Cable

Services Channel 37 on Tuesdays at 12 noon and 8 p.m., and Wednesday through Sunday at 6 a.m., 12 noon and 8 p.m. Online Council

meetings can also be viewed on the City’s Web site at http://shorelinewa.gov.

Council Meeting Date: October 1, 2018 Agenda Item: 2(a)

CITY COUNCIL AGENDA ITEM CITY OF SHORELINE, WASHINGTON

AGENDA TITLE: Proclamation Declaring Safe Shoreline Month DEPARTMENT: Office of Emergency Management Shoreline Police Department PRESENTED BY: Jason McMillan, Emergency Management Coordinator Paula Bates, Shoreline Police Community Outreach Officer ACTION: ___ Ordinance ___ Resolution ___ Motion

___ Discussion ___ Public Hearing _X_ Proclamation

ISSUE STATEMENT: Every year disasters and local emergencies disrupt the lives of thousands throughout the United States. Being prepared for such incidents can reduce fear, anxiety and losses that might otherwise occur. Preparation also helps the community recover and get back to normal. To highlight emergency preparedness, the month of October has been declared "Washington State Disaster Preparedness Month". The vitality of our City depends on how safe we keep our homes, neighborhoods, schools, and the community. Crime and the fear of crime destroy our trust in others. To remind our residents to stay vigilant about community safety and crime prevention, the month of October has also been declared "National Crime Prevention Month". Given the confluence of these awareness campaigns, the City is proclaiming the month of October as Safe Shoreline Month. This proclamation highlights the proactive and innovative work the City is doing in the areas of policing and emergency management. Programs such as Ready Shoreline, Map Your Neighborhood, Community Emergency Response Team (CERT), Shoreline Watch, R.A.D.A.R., and Nurturing Trust bring City staff, police, and the community together to focus on building trusted relationships and strong, prepared neighborhoods. Community members and business are encouraged to implement preparedness and prevention measures and to participate in these City sponsored programs. Accepting the proclamation on behalf of the City are Emergency Management Coordinator Jason McMillan and Community Outreach Officer Paula Bates.

RECOMMENDATION The Mayor should read and present the proclamation. Approved By: City Manager DT City Attorney JA-T

2a-1

P R O C L A M A T I O N

WHEREAS, the City of Shoreline places a high priority on the safety and security of its citizens; and

WHEREAS, the City Council has established a Goal to “promote and enhance the city’s safe community and neighborhood programs and initiatives”; and

WHEREAS, the Shoreline Police Department have established Shoreline Watch, Nurturing Trust and the R.A.D.A.R programs, among others initiatives, to engage the community in crime prevention activities and provide policing that is responsive to residents’ mental health needs; and

WHEREAS, the Shoreline Office of Emergency Management focuses on community preparedness by training residents to be ready for disasters with the Ready Shoreline, Map Your Neighborhood and Community Emergency Response Team programs; and

WHEREAS, the month of October has been declared “Washington State Disaster Preparedness Month” and “National Crime Prevention Month”; NOW, THEREFORE, I, Will Hall, Mayor of the City of Shoreline, on behalf of the Shoreline City Council, do hereby proclaim the month of October 2018 as

SAFE SHORELINE MONTH in the City of Shoreline and urge all our citizens to implement emergency preparedness and crime prevention measures at home, at work, and in their vehicles and to participate with their neighbors in emergency preparedness and crime prevention activities.

_____________________________________ Will Hall, Mayor

2a-2

August 13, 2018 Council Regular Meeting DRAFT

1

CITY OF SHORELINE

SHORELINE CITY COUNCIL

SUMMARY MINUTES OF REGULAR MEETING

Monday, August 13, 2018 Council Chambers - Shoreline City Hall

7:00 p.m. 17500 Midvale Avenue North

PRESENT: Mayor Hall, Deputy Mayor Salomon, Councilmembers McGlashan, Scully,

McConnell, Chang, and Roberts

ABSENT: None

1. CALL TO ORDER

At 7:00 p.m., the meeting was called to order by Mayor Hall who presided.

2. FLAG SALUTE/ROLL CALL

Mayor Hall led the flag salute. Upon roll call by the City Clerk, all Councilmembers were

present.

(a) Proclamation of Celebrate Shoreline

Mayor Hall proclaimed the week of August 14-19, 2018 as Celebrate Shoreline. He presented the

Proclamation to commemorate the City’s incorporation in 1995.

3. REPORT OF CITY MANAGER

Debbie Tarry, City Manager, provided reports and updates on various City meetings, projects

and events, including a wide array of activities connected to Celebrate Shoreline.

4. COUNCIL REPORTS

Mayor Hall noted that he attended the Governor’s Killer Whale Task Force meeting. He shared

that with the challenges of food scarcity and a toxic environment, threat of extinction is real

without significant change.

5. PUBLIC COMMENT

Lance Young, Shoreline resident, spoke in advocacy of tree life and preservation, focusing on

the protection of trees during development and on the crime-reduction related benefits of trees

and greenspace in high density housing areas. He praised Seattle’s newly revised tree code, and

asked that protection of drip lines be communicated and reinforced.

August 13, 2018 Council Regular Meeting DRAFT

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Pat Pethigal, Shoreline resident, brought to the Council’s attention changes to her neighborhood

(Ridgecrest) in conjunction with population growth in the last few months. Citing increased

traffic, mailbox theft, and recycling bin foraging, she requested an increase in law enforcement

patrols in her neighborhood.

Kathleen Randall, Shoreline resident and neighbor to Ms. Pethigal, spoke to safety concerns the

lack of sidewalks and the increased vehicle traffic present to pedestrians in her neighborhood.

She reiterated Ms. Pethigal’s request for increased law enforcement presence.

Ginger Hayra Gunn, Shoreline resident and Shoreline Parks volunteer, drew attention to the

importance of protecting drip lines and asked Council to support tree protection and replacement.

She asked that as budget allocations are adjusted, Council consider redirecting available funds to

retain and replant trees.

Ellie Rose, Shoreline resident, stated she recently moved to Westminster Triangle for the trees.

She shared the importance of trees and encouraged Council to be stewards of them. She stated all

people benefit from being within close proximity to trees and asked that low-income housing

include greenspaces.

Janet Way, Shoreline resident and tree advocate, requested the Council delay decision-making on

tree retention. Additionally, she asked that the community honor Nancy Rust’s legacy and create

a plan for tree preservation. She suggested renaming the Innis Arden Reserve to the Nancy Rust

Environmental Reserve.

Debora Demoss, Shoreline resident, reflected on the impact development has on a community.

She asked the Council to not rush their decision around tree retention, and questioned why trees

should be decimated for development.

Laethan Wene, Shoreline resident, said he is concerned about hypodermic needles on Richmond

Beach Road, and communicated that it was his understanding that no disposal plan seemed to be

in place.

6. APPROVAL OF THE AGENDA

The agenda was approved by unanimous consent.

7. CONSENT CALENDAR

Upon motion by Councilmember Roberts and seconded by Councilmember McConnell and

unanimously carried, 7-0, the following Consent Calendar items were approved:

(a) Approving Minutes of Regular Meetings of June 25, 2018 and July 16, 2018

(b) Approving Expenses and Payroll as of July 27, 2018 in the amount of

$4,365,678.60

(c) Adopting Resolution No. 424 - Establishing an Americans with Disabilities Act

(ADA) Grievance Procedure and Designating the City's ADA Coordinator

August 13, 2018 Council Regular Meeting DRAFT

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(d) Authorizing the City Manager to Execute a Ten Year Extension of the Seattle

Fiber One Agreement – Addendum 33

8. ACTION ITEMS

(a) Adopting Ordinance No. 835 – Consideration of Condemnation of Property for the

Community and Aquatics Center

Margaret King, City Attorney, presented the modified Ordinance, and clarified that the

adjustment of the ordinance eliminated the Stone Way properties, solely focusing on the Midvale

Avenue property. She opened the floor to discussion and questions.

Councilmember McGlashan moved for adoption of Ordinance No. 835 – Authorizing

acquisition of real property for the purpose of the Community and Aquatics Center by

negotiating voluntary purchase by condemnation. The motion was seconded by

Councilmember Chang.

Councilmember McGlashan expressed that the quick decision-making on this acquisition was

important to the future growth of the Aquatic Center, voiced his concerns around losing the

option to a housing developer, and requested the support of the Council.

Councilmember Chang shared her support of the Ordinance in the interest of moving the project

forward. Mayor Hall agreed that thoughtful research had been done, and that it was time to move

forward with adoption.

The motion carried 5-2, with Councilmembers Scully and Salomon voting no.

(b) Adopting Ordinance No. 833 – Amendments to Shoreline Municipal Code Chapter

20.50 for MUR-70’ Zone Tree Retention

Rachael Markle, Director of Planning and Community Development, and Steve Szafran, Senior

Planner, provided the staff report. Ms. Markle recalled that Council directed staff to work with

the Planning Commission and the public to develop amendments to preserve and replace trees in

the MUR-70’ zone through the use of incentives, while not impeding development. She

explained that Proposed Ordinance No. 833 exempts MUR-70’ from tree permit requirements,

and includes height increase and setback/parking reduction incentives for retaining or replacing

significant trees.

Ms. Markle noted that Councilmembers Roberts and Scully submitted amendments to the

Planning Commission’s recommendation. Councilmember Roberts’ first suggested Amendment

(Option #1) exempts removal of trees from property zoned NB, CB, MB, and TC-1, 2, and 3 and

MUR-70’ zones when associated with a current site development or building permit application.

This exemption does not apply to lots maintaining or expanding non-conforming uses. The

proposal also included the Planning Commission’s suggested incentives for tree retention and

replacement in the MUR-70’ zone.

August 13, 2018 Council Regular Meeting DRAFT

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Ms. Markle stated Councilmember Roberts’ second amendment (Option #2) is proposing the

same as Option #1 with the exception of SMC 20.50.360, modifying the tree replacement and

site restoration requirements. It also includes a fee-in-lieu or offsite planting payment option. She

stated that if Option #2 were to move forward, staff recommends the fee be the same as the fee

for street tree replacement. The money collected would be used for tree management on public

property or for purchasing open space or park land.

Ms. Markle reviewed Councilmember Scully’s amendment that would require up to 20 percent

of significant trees be retained in the MUR-70’ zone. The amendment removes the Planning

Commission’s proposed incentives and tries to balance retention and development potential

goals by providing relief from tree retention requirements in order to permit the maximum

possible hardscape coverage of 90%. It increases the ability to achieve 90% hardscape by

adjusting setbacks or allowing encroachment in some areas. Additionally, this amendment would

require no tree replacement in the MUR-70’ zone. Ms. Markle suggested that, if Council is

interested in moving this amendment forward, they consider delaying adoption of Ordinance No.

833 to allow time for public input and discussion of the impacts.

Councilmember McGlashan moved to adopt Ordinance No. 833, amending Shoreline

Municipal Code Chapter 20.50 for MUR-70’ zone as recommended by the Planning

Commission, with the removal of the parking incentive abilities. The motion died for lack

of a second.

Councilmember Roberts moved to adopt Ordinance No. 833, amending Shoreline

Municipal Code Chapter 20.50 Subchapter 5 to exempt the MUR-70’ zone and provide

incentives to promote tree conservation in the zoning district. The motion was seconded by

Councilmember McGlashan.

Councilmember Roberts stated a sufficient amount of time has been devoted to studying the

issue, and asserted his comfort with taking action tonight. Councilmember Scully agreed that

taking action tonight is appropriate, and said he also believes the concepts have been sufficiently

discussed.

Mayor Hall spoke to the City’s commitment to tree preservation, and noted previous code

amendments made to save trees and improve the tree canopy. He spoke to the challenge of

finding the balance between preserving both affordable housing options and trees. He recognized

that the Ordinance does decrease the tree count, but pointed out it is necessary to sustain needed

growth. He voiced his support of the Ordinance.

Deputy Mayor Salomon agreed that big trees are important, and are difficult to replace. He

explained that when a city constricts development with tree retention requirements, it drives up

the cost to develop, which therefore drives up the cost of housing. He believes density belongs in

urban areas, on transit corridors, and near light rail stations. Otherwise, development pressure

will spread out into rural areas and even more trees will be cut down. He noted Park Impact Fees

will provide funding to acquire more park land where more trees will be planted.

August 13, 2018 Council Regular Meeting DRAFT

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Councilmember McConnell agreed with Deputy Mayor Salomon’s comments. She recognized

the current housing crisis and the reality of big trees getting in the way of the City’s densest

developments. She reflected on the thoughtfulness behind this decision, and on the difficulty in

finding a balance between tree retention/replacement incentives and requirements in the MUR-

70’ zone. She stated her support for allowing development to thrive in the MUR-70’ zone.

Councilmember Chang voiced her support for Councilmember Roberts’ Option #2, and the

thoughtful compromise it offered. She recognized it will be difficult for a developer to retain

really big trees in the MUR-70’ zone. Option #2 allows significant trees to be removed if

necessary but also provides incentives to keep them by not having to pay for replacement trees or

a fee-in-lieu. She cautioned the Planning Commission’s proposed incentives could result in

things we do not want to see like taller buildings and reduction in parking. She said Option #2 is

a good compromise and asked Councilmembers to consider it.

Councilmember Scully moved to amend the main motion to include the amendment

described as “Councilmember Scully Code Amendment” shown on slides 12-16 in the

PowerPoint Presentation. The motion was seconded by Councilmember Roberts.

Councilmember Scully explained that his amendment leaves existing hardscape and setback

limits in place but requires a developer to orient the building in such a way to preserve up to 20

percent of trees, if possible. He stated his proposal requires developers to be creative prior to the

City allowing removal of all trees, meets the City’s goals, and provides benefit for both sides.

Councilmember McConnell requested clarification from staff on Councilmember Scully’s

proposal, citing concerns with generalities. Ms. Markle confirmed that the wording of the

amendment relies on Director’s discretion to some degree, but she felt the guidelines were clear.

Councilmember McConnell asked what “up to” 20 percent of trees represented, and expressed

concern on how this sliding percentage would be regulated. Ms. Markle explained that she could

only estimate, and her best guess is 20 percent on any given lot would be approximately two to

five trees. She said she believes developers work with an intent to preserve trees if possible.

Councilmember Chang asked for details on drip lines, since they directly affect tree preservation.

Ms. Markle said the City would rely on specialist reports to determine adequate developer

attempts for healthy drip lines and tree retention. Councilmember McGlashan brought to the

Council’s attention the issue that with mixed-use housing comes the combining of lots, resulting

in trees in the center of the new lot. He questioned a developers’ ability to adjust the orientation

of larger new structures to preserve trees, and said he did not support the amendment.

The motion to amend the main motion failed 1-6 with Councilmember Scully voting yes.

Councilmember Roberts moved to amend Ordinance No. 833 with Option #2 as shown on

the screen. The motion was seconded by Councilmember Chang.

Councilmember Roberts explained how this option preserves trees in the MUR-70’ zone while

allowing for development to occur. Councilmember Scully expressed his opposition to the

amendment because it allows developers to use as much of the property as they can without

August 13, 2018 Council Regular Meeting DRAFT

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preserving any trees and then facilitates offsite replacement tree planting or fee-in-lieu charges

that do not support adequate tree preservation. Councilmember McConnell asked for staff’s

opinion around the fee-in-lieu option. Ms. Markle spoke to the research conducted, and

concluded that she did not believe the $2,400 removal fee per tree would act as a motivating

factor for retention.

Mayor Hall observed that this change would affect the rights of other property owners in

business zones and expressed concern that the Planning Commission did not discuss this. For

this reason he is not inclined to support this amendment at this time. Councilmember Roberts

replied that the Planning Commission did address this and he restated exemptions are necessary

to preserve trees, and agreed that all properties should be treated equally regardless of zoning.

Additionally, he advocated for the fee-in-lieu approach, arguing that the financial benefits to the

City and flexible options available to developers make it an attractive compromise.

Councilmember Chang voiced her opinion that the Ordinance is a good balance and first attempt

between retention and replacement, with enough impact to developers to garner attention and

influence the preservation of trees.

The motion to amend the main motion failed 3-4 with Councilmembers Roberts, Chang,

and McConnell voting yes.

The main motion carried 5-2, with Councilmembers Chang and Roberts voting no.

9. STUDY ITEMS

(a) Discussing Ordinance No. 834 - Budget Amendment - Amending the 2018 Final Budget

by Increasing the Appropriations in Certain Funds

Sara Lane, Administrative Services Director, presented the Staff Report on Ordinance No. 834,

calling attention to impact on the Limited Tax GO BAN 2018 and General Capital Funds,

supported by Bond Anticipation Note Proceeds and anticipated revenue, with limited net impact

to the City. If supported by Council, adoption would be scheduled for September 10, 2018.

Council had no questions. Mayor Hall said Ordinance No. 834 could be scheduled on the

Consent Calendar.

(b) Discussing Ordinance No. 831 - Amending Section 5.05 (Business Licenses) of the

Shoreline Municipal Code to Amend the Responsibility, Expiration Date, Penalty Rate,

add a Delinquency Schedule for Late Renewal of Business Licenses, and Other

Revisions Necessary to Adhere to the Association of Washington Cities' Business

License Model

Rick Kirkwood, Budget Supervisor, and Ally Kim, B&O Tax Analyst, presented the Staff Report

on proposed Ordinance No. 831. Ms. Kim explained the proposal includes amendments that will

allow the City to implement FileLocal’s standard configuration, and adhere to the Association of

Washington Cities’ (AWC) Business Licensing Model Ordinance.

August 13, 2018 Council Regular Meeting DRAFT

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Ms. Kim reviewed the proposed changes to SMC 5.05 are pertaining to administration of the

chapter, penalty and delinquency schedules, licensing expiration dates, a definition for “engaging

in business”, and exemption thresholds based on gross income. She noted the AWC Model

Ordinance requires cities establish an exemption threshold of, at a minimum, $2,000 gross

income for businesses who do not maintain a place of business within the city. Staff is

recommending this threshold be applied to all businesses regardless of physical location. Ms.

Kim reported the Ordinance will not go into effect until 2019.

Councilmember Roberts thanked staff for bringing back a stronger Ordinance. He asked about

the Department of Revenue’s registration requirements if a tradename is different than an

individual’s name. He also pointed out the Ordinance as drafted did not include the $2,000

threshold for all businesses and asked if it could be applied. Mr. Kirkwood explained that staff

recommends the $2,000 threshold apply to all businesses and the amendment would be included

in the Ordinance language when it comes back for adoption on September 10, 2018.

10. At 8:52 p.m., Mayor Hall recessed into Executive Session for a period of 15 minutes as

authorized by RCW 42.30.110(l)(i) to discuss with legal counsel matters relating to agency

enforcement actions or litigation. The Mayor stated the Council was not expected to take final

action following the Executive Session. Staff attending the Executive Session included Debbie

Tarry, City Manager; John Norris, Assistant City Manager; Margaret King, City Attorney; and

Nathan Daum; Economic Development Manager. The Executive Session ended at 9:02 p.m.

11. ADJOURNMENT

At 9:02 p.m., Mayor Hall declared the meeting adjourned.

_____________________________

Jessica Simulcik Smith, City Clerk

Council Meeting Date: October 1, 2018 Agenda Item: 7(b)

CITY COUNCIL AGENDA ITEM CITY OF SHORELINE, WASHINGTON

AGENDA TITLE: Authorizing the City Manager to Execute a Contract with the Washington Traffic Safety Commission for School Walk Route Improvement Grant Funds in the Amount of $106,011

DEPARTMENT: Public Works PRESENTED BY: Tricia Juhnke, City Engineer ACTION: ____ Ordinance ____ Resolution _X__ Motion ____ Discussion ____ Public Hearing

PROBLEM/ISSUE STATEMENT: Staff is requesting that Council authorize the City Manager to execute a contract with the Washington Traffic Safety Commission (WTSC) to receive $106,011 in grant funding for School Walk Route Improvements at Echo Lake Elementary School and Shorewood High School. In accordance with the City’s purchasing policies, Council authorization is required for staff to contract for grant funds exceeding $50,000. Additionally, WTSC requires formal authorization of their contracts prior to execution. RESOURCE/FINANCIAL IMPACT: The draft 2019-2024 Capital Improvement Program includes $106,011 in WTSC funding. The terms of the grant require the City to expend the WTSC funds only for purchased equipment, labor and services; no grant funding may be used for City staff labor costs. Consequently, Roads Capital Fund revenues will be expended for design and project administration. This project is funded as follows:

Washington Traffic Safety Commission Grant $106,011 Roads Capital Fund $ 12,000 Total Project Revenues $118,011

RECOMMENDATION Staff recommends that Council authorize the City Manager to execute a contract with Washington Traffic Safety Commission for grant funds totaling $106,011 for the School Walk Route Improvement Program, including authorization of any addenda or supplements required by Washington Traffic Safety Commission. Approved By: City Manager JN City Attorney MK

7b-1

BACKGROUND

Pedestrian safety, particularly in school zones, is important to Shoreline residents. Ashworth Avenue N. and Wallingford Avenue N. currently lack sidewalks. Children walk to Echo Lake Elementary School using road shoulders or vehicle lanes. At Shorewood High School, drivers on N 175th street often fail to see students in the marked crosswalk at Linden Avenue N. To improve safety at these locations the City applied for and was awarded a Washington Transportation Safety Commission grant for purchase and installation of five school zone flashers and associated regulatory signs to be placed along Ashworth Avenue N., Wallingford Avenue N., and N 195th Street, near Echo Lake Elementary School and for user - activated flashing pedestrian beacons on N. 175th Street at Linden Avenue N. A map of the proposed locations can be found in Attachment A. These safety improvements will remind drivers of the 20 mph speed limit within the school zone and improve safety for children walking to Echo Lake Elementary and help to increase drivers’ awareness that pedestrians are using the crosswalk on N. 175th at Shorewood High School.

DISCUSSION In accordance with the City’s purchasing policies, Council authorization is required for staff to obligate grant funds exceeding $50,000. Additionally, WTSC requires formal authorization of their contracts prior to execution. Staff is requesting Council to authorize the City Manager to execute a contract for these grant funds with WTSC. Attachment B is the draft agreement. A no-action alternative would include not entering the grant agreement, not doing the project at this time, and returning the grant funds to WTSC.

COUNCIL GOAL ADDRESSED This project addresses Goal No. 2: Improve Shoreline’s infrastructure to continue the

delivery of highly valued public service.

RESOURCE/FINANCIAL IMPACT The draft 2019-2024 Capital Improvement Program includes $106,011 in WTSC funding. The terms of the grant require the City to expend the WTSC funds only for purchased equipment, labor and services; no grant funding may be used for City staff labor costs. Consequently, Roads Capital Fund revenues will be expended for design and project administration. This project is funded as follows: Washington Traffic Safety Commission Grant $106,011

Roads Capital Fund $ 12,000

Total Project Revenues $118,011

7b-2

RECOMMENDATION Staff recommends that Council authorize the City Manager to execute a contract with Washington Traffic Safety Commission for grant funds totaling $106,011 for the School Walk Route Improvement Program, including authorization of any addenda or supplements required by Washington Traffic Safety Commission.

ATTACHMENTS Attachment A: Vicinity Map Attachment B: Washington Traffic Safety Commission Grant Contract

7b-3

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N 177TH ST

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N 193RD STNE 193RD ST

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N 196TH PL

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School Zone Flashers and Rectangular Rapid

Flashing Beacons (RRFB)

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µNo warranties of any sort, including accuracy, fitness, or merchantability, accompany this product.

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Document Path: Z:\GIS\MAPS\Cost_Estimates\2018\SchoolZoneFlasher_RRFB.mxd

Attachment A

7b-4

1

CONTRACT FOR SCHOOL WALK ROUTE IMPROVEMENT PROGRAM SERVICES

BETWEEN THE

WASHINGTON TRAFFIC SAFETY COMMISSION

AND

City of Shoreline

WEMS Vendor Contract 2018-Vendor Contract-3115-Shoreline - School Zone Flashers

and RRFB

THIS CONTRACT is made and entered into by and between the Washington Traffic

Safety Commission, hereinafter referred to as “WTSC,” and City of Shoreline,

hereinafter referred to as “CONTRACTOR.”

CONTRACTOR contact info:

Name: Bob Earl, Engineering Manager

Address: 17500 Midvale Avenue North, Shoreline,, WA, 98133

Email: bearl@shorelinewa.gov

EIN#: 91-1683888

NOW THEREFORE, in consideration of the terms, conditions, covenants, and

performance contained herein, or attached and incorporated and made a part hereof,

the Parties mutually agree as follows:

1. THE PURPOSE OF THIS CONTRACT

The purpose of this Contract is to provide funding, provided by the Washington Traffic

Safety Commission work to be accomplished under the School Walk Route

Improvement Program 2018-Vendor Contract-3115-Shoreline - School Zone Flashers

and RRFB.

2. PERIOD OF PERFORMANCE

The period of performance of this Contract shall commence upon the date of execution

by both Parties or June 01, 2018, whichever is later, and remain in effect until June 28,

2019, unless terminated sooner, as provided herein.

Attachment B

7b-5

2

3. STATEMENT OF WORK

The CONTRACTOR shall carry out the provisions of the Contract described here as the

Statement of Work (SOW):

Design and install school zone flashers and rectangular rapid flashing beacons to

reduce the 85th percentile speed on roads around Echo Lake Elementary School and

Shorewood High School during peak school hours and increase drivers' awareness of

high levels of pedestrian activities

3.1 MILESTONES AND DELIVERABLES

The CONTRACTOR shall meet the milestones and make the deliverables as set forth in

this section.

Milestone OR Deliverable Description Completed by Date

Project Design Completed 11/30/2018

Project Contract Advertised 1/31/2019

Project Proposals Reviewed 2/28/2019

Project Contract Awarded 3/29/2019

Notice to Proceed Issued 4/30/2019

Construction of project 6/14/2019

Certify completion of project and functionality of all equipment 6/28/2019

Submit project final report using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. Include copies of publications, pictures of construction of project and any communications received regarding public reaction to the new signals.

7/15/2019

3.2 COMPENSATION

The cost of accomplishing the work described in the SOW will not exceed $106,011.00.

Payment for satisfactory performance of the work shall not exceed this amount unless

the Parties mutually agree to a higher amount in a written Amendment to this Contract

executed by both Parties.

3.3 SUMMARY OF CONTRACT COSTS

The costs for the work under the SOW to be provided by the CONTRACTOR or

CONTRACTOR’S SUB-CONTRACTOR are as follows:

Attachment B

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SUMMARY OF COSTS AMOUNT

Employee salaries and benefits: $0.00

Travel (includes in-state and out-of-state travel): $0.00

Contract Services (usually involves a 3rd party service provider): $32,511.00

Equipment (listed in the table below): $73,500.00

Goods or other expenses (examples: office/printing supplies, postage, software, conference registration fees):

$0.00

Indirect Costs $0.00

TOTAL: $106,011.00

EQUIPMENT QUANTITY UNIT COST

AMOUNT

School Zone Flashers/Radar sign (to be procured by contractor)

5 $10,000.00 $50,000.00

User-activated Rectangular Rapid Flashing Beacons (to be procured by contractor)

2 $11,000.00 $22,000.00

R2-1 Speed Limit sign (to be procured by contractor)

5 $150.00 $750.00

S5-2 "End School Zone" sign (to be procured by contractor)

5 $150.00 $750.00

4. DEFINITIONS:

4.1 As used throughout this Contract, the following terms shall have the meaning set

forth below:

4.1.1. "WTSC" shall mean the Washington Traffic Safety Commission of the state of

Washington, any division, section, office, unit, or other entity of the WTSC, or any of the

officers or other officials lawfully representing that WTSC.

4.1.2. "AGENT" shall mean the WTSC Director and/or the delegate authorized in writing

to act on the Director's behalf.

4.1.3. "CONTRACTOR" shall mean the firm, provider, organization, individual, or other

entity performing services under this Contract, and shall include all employees of the

CONTRACTOR.

4.1.4. "SUB-CONTRACTOR" shall mean one not in the employment of the

CONTRACTOR, who is performing all or part of those services under this Contract or

Attachment B

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under a separate Contract with the CONTRACTOR. The terms "SUB-CONTRACTOR"

and "SUB-CONTRACTORS" means SUB-CONTRACTOR in any tier.

APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:

5. ACTIVITY REPORTS

Submit project final report using the WTSC Enterprise Management System (WEMS)

Progress Reporting process or other alternate means pre-approved by WTSC. Include

copies of publications, pictures of construction of project and any communications

received regarding public reaction to the new signals.

6. ADVANCE PAYMENTS PROHIBITED

No payments in advance of or in anticipation of goods or services to be provided under

this Contract shall be made by the WTSC.

7. AGREEMENT ALTERATIONS AND AMENDMENTS

This Contract may be amended by mutual agreement of the Parties in the form of a

written Amendment to this Contract. Such amendments shall only be binding if they are

in writing and signed by personnel authorized to bind each of the Parties.

8. ALL WRITINGS CONTAINED HEREIN

This Contract contains all the terms and conditions agreed upon by the Parties. No

other understandings, oral or otherwise, regarding the subject matter of this Contract

shall be deemed to exist or to bind any of the Parties hereto.

9. ASSIGNMENT

The CONTRACTOR may not assign the work to be provided under this Contract, in

whole or in part, without the express prior written consent of the WTSC, which consent

shall not be unreasonably withheld. The CONTRACTOR shall provide the WTSC a copy

of all third-party contracts and agreements entered into for purposes of fulfilling the

SOW. Such third-party contracts and agreements must follow applicable federal, state,

and local law, including but not limited to procurement law, rules, and procedures. If any

of the funds provided under this Contract include funds from NHTSA, such third-party

contracts and agreements must include the federal provisions set forth in this Contract

in sections 35 through 43.

10. ATTORNEYS’ FEES

In the event of litigation or other action brought to enforce the Contract terms, each

Party agrees to bear its own attorney fees and costs.

Attachment B

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11. BILLING PROCEDURE

The CONTRACTOR shall submit monthly invoices for reimbursement to WTSC with

supporting documentation as WTSC shall require. All invoices for reimbursement shall

be submitted using a standard Form A-19 provided by WTSC or its pre-approved

equivalent. Payment to the CONTRACTOR for approved and completed work will be

made by warrant or account transfer by WTSC within 30 days of receipt of such

properly documented invoices acceptable to WTSC. Upon expiration of the Contract,

any claim for payment not already made shall be submitted within 45 days after the

expiration date of this Contract. All invoices for goods received or services performed on

or prior to June 30, 2018, must be received by WTSC no later than August 10, 2018. All

invoices for goods received or services performed between July 1, 2018, and

September 30, 2018, must be received by WTSC no later than November 15, 2018.

12. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION

The CONTRACTOR shall not use or disclose any information concerning the WTSC, or

information which may be classified as confidential, for any purpose not directly

connected with the administration of this Contract, except with prior written consent of

the WTSC, or as may be required by law.

13. COVENANT AGAINST CONTINGENT FEES

The CONTRACTOR warrants that it has not paid, and agrees not to pay, any bonus,

commission, brokerage, or contingent fee to solicit or secure this Contract or to obtain

approval of any application for federal financial assistance for this Contract. The WTSC

shall have the right, in the event of breach of this section by the CONTRACTOR, to

annul this Contract without liability.

14. DISPUTES

14.1. Except as otherwise provided in this Contract, when a dispute arises between the

Parties and it cannot be resolved by direct negotiation, either Party may request a

dispute review by the AGENT.

14.2. The request for a dispute review (“Requestor’s Statement”) must:

14.2.1. Be in writing.

14.2.2. State the disputed issue(s).

14.2.3. State the relative positions of the requester’s Party.

14.2.4. State the Designated Contact’s name, address, and telephone number.

Attachment B

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14.2.5. Be submitted by mail or electronic correspondence (email) to the AGENT and

the other Party’s Designated Contact within three working days after the Parties agree

that they cannot resolve the dispute.

14.3. Within five working days after receipt of the Requestor’s Statement, the other

Party’s Designated Contact shall send a written response to the Requester’s Statement

to both the AGENT and the requester.

14.4. The AGENT shall review the written statements and provide a resolution reply in

writing to both Parties within 10 working days after receiving the second Party’s written

response. The AGENT may extend this period if necessary to allow more time for

review or to collect more information from the Parties by notifying both Parties.

14.5. The Parties agree that this dispute process shall precede any action in a judicial or

quasi-judicial tribunal.

14.6. Nothing in this Contract shall be construed to limit the Parties’ choice of a

mutually-acceptable alternate dispute resolution method in addition to or in lieu of the

dispute resolution procedure outlined above.

15. GOVERNANCE

15.1. This Contract is entered into pursuant to and under the authority granted by the

laws of the state of Washington and any applicable federal laws. The provisions of this

Contract shall be construed to conform to those laws.

15.2. In the event of an inconsistency in the terms of this Contract, or between its terms

and any applicable statute or rule, the inconsistency shall be resolved by giving

precedence in the following order:

15.2.1. Applicable federal and state statutes and rules

15.2.2. Terms and Conditions of this Contract

15.2.3. Any Amendment executed under this Contract

15.2.4. Any SOW executed under this Contract

15.2.5. Any other provisions of the Contract, including materials incorporated by

reference

16. INDEMNIFICATION

16.1. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and

hold harmless the WTSC, its officers, employees, and agents, and process and defend

at its own expense any and all claims, demands, suits at law or equity, actions,

Attachment B

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penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against

WTSC arising out of or in connection with this Contract and/or the CONTRACTOR’S

performance or failure to perform any aspect of the Contract. This indemnity provision

applies to all claims against WTSC, its officers, employees, and agents arising out of, in

connection with, or incident to the acts or omissions of the CONTRACTOR, its officers,

employees, agents, and subcontractors. Provided, however, that nothing herein shall

require the CONTRACTOR to indemnify and hold harmless or defend the WTSC, its

agents, employees, or officers to the extent that claims are caused by the negligent acts

or omissions of the WTSC, its officers, employees or agents; and provided further that if

such claims result from the concurrent negligence of (a) the CONTRACTOR, its officers,

employees, agents, or subcontractors, and (b) the WTSC, its officers, employees, or

agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions

provided herein shall be valid and enforceable only to the extent of the negligence of the

CONTRACTOR, its officers, employees, agents, or subcontractors.

16.2. The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is

required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or

agents.

16.3. The indemnification and hold harmless provision shall survive termination of this

Contract.

17. INDEPENDENT CAPACITY

The Parties intend that an independent contractor relationship will be created by this

Contract. The CONTRACTOR and his or her employees or agents performing under

this Contract are not employees or agents of the WTSC. The CONTRACTOR will not

hold himself/herself out as or claim to be an officer or employee of the WTSC or of the

state of Washington by reason hereof, nor will the CONTRACTOR make any claim of

right, privilege, or benefit that would accrue to such employee under law. Conduct and

control of the work will be solely with the CONTRACTOR.

18. INSURANCE COVERAGE

18.1. The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial

Insurance, if required by law.

18.2. If the CONTRACTOR is not required to maintain insurance in accordance with

Title 51 RCW, prior to the start of any performance of work under this Contract, the

CONTRACTOR shall provide WTSC with proof of insurance coverage (e.g., vehicle

liability insurance, private property liability insurance, or commercial property liability

insurance), as determined appropriate by WTSC, which protects the CONTRACTOR

and WTSC from risks associated with executing the SOW associated with this Contract.

Attachment B

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19. LICENSING, ACCREDITATION AND REGISTRATION

The CONTRACTOR shall comply with all applicable local, state, and federal licensing,

accreditation, and registration requirements/standards necessary for the performance of

this Contract. The CONTRACTOR shall complete registration with the Washington

State Department of Revenue, if required, and be responsible for payment of all taxes

due on payments made under this Contract.

20. OVERPAYMENTS AND ASSERTION OF LIEN

In the event that the WTSC determines that overpayments or erroneous payments were

made to the CONTRACTOR under this Contract, the WTSC may secure repayment

plus interest, if any, through the filing of a lien against the CONTRACTOR’s real

property or by requiring the posting of a bond, assignment of deposit, or some other

form of security acceptable to the WTSC, or by doing both.

21. PUBLICITY

The CONTRACTOR agrees to submit to the WTSC all advertising and publicity matters

relating to this Contract wherein the WTSC’s name is mentioned or language used from

which the connection of the WTSC’S name may, in the WTSC’S judgment, be inferred

or implied. The CONTRACTOR agrees not to publish or use such advertising and

publicity matters without the prior written consent of the WTSC.

22. RECORDS MAINTENANCE

22.1. During the term of this Contract and for six years thereafter, the CONTRACTOR

shall maintain books, records, documents, and other evidence that sufficiently and

properly reflect all direct and indirect costs expended in the performance of the services

described herein. These records shall be subject to inspection, review, or audit by

authorized personnel of the WTSC, the Office of the State Auditor, and federal officials

so authorized by law. All books, records, documents, and other material relevant to this

Contract will be retained for six years after expiration. The Office of the State Auditor,

federal auditors, the WTSC, and any duly authorized representatives shall have full

access and the right to examine any of these materials during this period.

22.2. If any litigation, claim, or audit is started before the expiration of the six year

period, the records shall be retained until all litigation, claims, or audit findings involving

the records have been resolved.

23. RIGHT OF INSPECTION

The CONTRACTOR shall provide right of access to its facilities to the WTSC or any of

its officers, or to any other authorized agent or official of the state of Washington or the

Attachment B

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federal government, at all reasonable times, in order to monitor and evaluate

performance, compliance, and/or quality assurance under this Contract.

24. RIGHTS IN DATA

24.1. WTSC and CONTRACTOR agree that all data and work products (collectively

called “Work Product”) pursuant to this Contract shall be considered works made for

hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the

state of Washington. Work Product includes, but is not limited to, reports, documents,

pamphlets, advertisement, books, magazines, surveys, studies, computer programs,

films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or

databases to the extent provided by law. Ownership includes the right to copyright,

register the copyright, distribute, prepare derivative works, publicly perform, publicly

display, and the ability to otherwise use and transfer these rights.

24.2. If for any reason the Work Product would not be considered a work made for hire

under applicable law, the CONTRACTOR assigns and transfers to WTSC the entire

right, title, and interest in and to all rights in the Work Product and any registrations and

copyright applications relating thereto and any renewals and extensions thereof.

24.3. For Work Product delivered under the Contract that incorporates pre-existing

materials not produced under the Contract, CONTRACTOR hereby grants to the WTSC

a nonexclusive, royalty-free, irrevocable license in such materials to translate,

reproduce, distribute, prepare derivative works, publicly perform, publicly display, sub-

license to others, and otherwise use such materials. The CONTRACTOR warrants and

represents that CONTRACTOR has all rights and permissions, including intellectual

property rights, moral rights, and rights of publicity, necessary to grant such a license to

the WTSC. The WTSC shall have the right to modify or remove any restrictive markings

placed upon the data by the CONTRACTOR.

24.4. The CONTRACTOR shall provide WTSC prompt written notice of each notice or

claim of infringement received by the CONTRACTOR with respect to any Work product

delivered under this Contract.

24.5. The CONTRACTOR may publish, at its own expense, the results of project

activities without prior review by the WTSC, provided that any publications, including

written, visual, or sound, contain acknowledgment of the support provided by NHTSA

and the WTSC. The CONTRACTOR shall disclose any discovery or invention derived

from work performed under this project within a reasonable time after it is made to the

WTSC, who will determine through NHTSA whether NHTSA or WTSC will seek patent

protections pursuant to Title 35 USC, how any rights will be administered, and other

actions required to protect the public interest.

Attachment B

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25. SAVINGS

In the event funding from state, federal, or other sources is withdrawn, reduced, or

limited in any way after the effective date of this Contract and prior to completion of the

SOW under this Contract, the WTSC may terminate the Contract under the

"TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement.

The Contract is then subject to renegotiation at the WTSC’s discretion under any new

funding limitations or conditions.

26. SEVERABILITY

If any provision of this Contract or any provision of any document incorporated by

reference shall be held invalid, such invalidity shall not affect the other provisions of this

Contract which can be given effect without the invalid provision, if such remainder

conforms to the requirements of applicable law and the fundamental purpose of this

Contract, and to this end the provisions of this Contract are declared to be severable.

27. SITE SECURITY

While on WTSC premises, the CONTRACTOR, its agents, employees, or sub-

contractors shall conform in all respects with all WTSC physical, fire, or other security

policies or applicable regulations.

28. TAXES

All payments of payroll taxes, unemployment contributions, any other taxes, insurance,

or other such expenses for the CONTRACTOR or its staff shall be the sole

responsibility of the CONTRACTOR.

29. TERMINATION FOR CAUSE

If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under

this Contract or violates any of these terms and conditions, the WTSC will give the

CONTRACTOR written notice of such failure or violation, and may terminate this

Contract immediately. At the WTSC’s discretion, the CONTRACTOR may be given 15

days to correct the violation or failure. In the event that the CONTRACTOR is given the

opportunity to correct the violation and the violation is not corrected within the 15-day

period, this Contract may be terminated at the end of that period by written notice of the

WTSC.

30. TERMINATION FOR CONVENIENCE

Except as otherwise provided in this Contract, either Party may terminate this Contract,

without cause or reason, with 30 days written notice to the other Party. If this Contract is

so terminated, the WTSC shall be liable only for payment required under the terms of

Attachment B

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this Contract for services rendered or goods delivered prior to the effective date of

termination.

31. TERMINATION PROCEDURES

31.1. Upon termination of this Contract, the WTSC, in addition to any other rights

provided in this Contract, may require the CONTRACTOR to deliver to the WTSC any

property specifically produced or acquired for the performance of such part of this

Contract as has been terminated. The provisions of the "TREATMENT OF ASSETS"

clause shall apply in such property transfer.

31.2. The WTSC shall pay the CONTRACTOR the agreed-upon price, if separately

stated, for completed work and services accepted by the WTSC, and the amount

agreed upon by the CONTRACTOR and the WTSC for (i) completed work and services

for which no separate price is stated, (ii) partially completed work and services, if

appropriate, (iii) other property or services that are accepted by the WTSC, and (iv) the

protection and preservation of property, unless the termination is for default or for

cause, in which case the AGENT shall determine the extent of the liability of the WTSC.

Failure to agree with such determination shall be a dispute within the meaning of the

"DISPUTES" clause of this Contract. The WTSC may withhold from any amounts due

the CONTRACTOR such sum as the AGENT determines to be necessary to protect the

WTSC against potential loss or liability.

31.3. The rights and remedies of the WTSC provided in this section shall not be

exclusive and are in addition to any other rights and remedies provided by law or under

this Contract.

31.4. After receipt of a notice of termination, and except as otherwise directed by the

AGENT, the CONTRACTOR shall:

31.4.1. Stop work under the Contract on the date, and to the extent specified, in the

notice.

31.4.2. Place no further orders or sub-contracts for materials, services, or facilities

except as may be necessary for completion of such portion of the work under the

Contract that is not terminated.

31.4.3. Assign to the WTSC, in the manner, at the times, and to the extent directed by

the AGENT, all of the rights, title, and interest of the CONTRACTOR under the orders

and sub-contracts so terminated, in which case the WTSC has the right, at its

discretion, to settle or pay any or all claims arising out of the termination of such orders

and sub-contracts.

31.4.4. Resolve all outstanding liabilities and all claims arising out of such termination of

orders and sub-contracts, with the approval or ratification of the AGENT to the extent

Attachment B

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AGENT may require, which approval or ratification shall be final for all the purposes of

this clause.

31.4.5. Transfer title to the WTSC and deliver in the manner, at the times, and to the

extent directed by the AGENT any property which, if the Contract had been completed,

would have been required to be furnished to the WTSC.

31.4.6. Complete performance of any such part of the work as shall not have been

terminated by the AGENT.

31.4.7. Take such action as may be necessary, or as the AGENT may direct, for the

protection and preservation of the property related to this Contract, which is in the

possession of the CONTRACTOR and in which the WTSC has or may acquire an

interest.

32. TREATMENT OF ASSETS

32.1. Title to all property furnished by the WTSC shall remain property of the WTSC.

Title to all property furnished by the CONTRACTOR for the cost of which the

CONTRACTOR is entitled to be reimbursed as a direct item of cost under this Contract

shall pass to and vest in the WTSC upon delivery of such property by the

CONTRACTOR. Title to other property, the cost of which is reimbursable to the

CONTRACTOR under this Contract, shall pass to and vest in the WTSC upon (i)

issuance for use of such property in the performance of this Contract, or (ii)

commencement of use of such property in the performance of this Contract, or (iii)

reimbursement of the cost thereof by the WTSC in whole or in part, whichever first

occurs.

32.2. Any property of the WTSC furnished to the CONTRACTOR shall, unless

otherwise provided herein or approved by the WTSC, be used only for the performance

of this Contract.

32.3. The CONTRACTOR shall be responsible for any loss or damage to property of the

WTSC which results from the negligence of the CONTRACTOR or which results from

the failure on the part of the CONTRACTOR to maintain and administer that property in

accordance with sound management practices.

32.4. If any WTSC property is lost, destroyed, or damaged, the CONTRACTOR shall

immediately notify the WTSC and shall take all reasonable steps to protect the property

from further damage.

32.5. The CONTRACTOR shall surrender to the WTSC all property of the WTSC upon

completion, termination, or cancellation of this Contract.

Attachment B

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32.6. All reference to the CONTRACTOR under this clause shall also include

CONTRACTOR’s employees, agents, or sub-contractors.

33. WAIVER

A failure by either Party to exercise its rights under this Contract shall not preclude that

Party from subsequent exercise of such rights and shall not constitute a waiver of any

other rights under this Contract.

APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY

GRANTS (23 CFR PART 1300 APPENDIX A):

34. DEBARMENT AND SUSPENSION

Instructions for Lower Tier Certification

34.1. By signing this Contract, the CONTRACTOR (hereinafter in this section referred to

as the “lower tier participant”) is providing the certification set out below and agrees to

comply with the requirements of 2 CFR part 180 and 23 CFR part 1300.

34.2. The certification in this section is a material representation of fact upon which

reliance was placed when this transaction was entered into. If it is later determined that

the lower tier participant knowingly rendered an erroneous certification, in addition to

other remedies available to the federal government, the department or agency with

which this transaction originated may pursue available remedies, including suspension

and/or debarment.

34.3. The lower tier participant shall provide immediate written notice to the WTSC if at

any time the lower tier participant learns that its certification was erroneous when

submitted or has become erroneous by reason of changed circumstances.

34.4. The terms covered transaction, debarment, suspension, ineligible, lower tier,

participant, person, primary tier, principal, and voluntarily excluded, as used in this

clause, have the meanings set out in the Definitions and Covered Transactions sections

of 2 CFR part 180.

34.5. The lower tier participant agrees by signing this Contract that it shall not knowingly

enter into any lower tier covered transaction with a person who is proposed for

debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible,

or voluntarily excluded from participation in this covered transaction, unless authorized

by NHTSA.

34.6. The lower tier participant further agrees by signing this Contract that it will include

the clause titled “Instructions for Lower Tier Certification” including the “Certification

Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier

Attachment B

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Covered Transaction,” without modification, in all lower tier covered transactions and in

all solicitations for lower tier covered transactions, and will require lower tier participants

to comply with 2 CFR part 180 and 23 CFR part 1300.

34.7. A participant in a covered transaction may rely upon a certification of a

prospective participant in a lower tier covered transaction that it is not proposed for

debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or

voluntarily excluded from the covered transaction, unless it knows that the certification

is erroneous. A participant may decide the method and frequency by which it

determines the eligibility of its principals. Each participant may, but is not required to,

check the List of Parties Excluded from Federal Procurement and Non-procurement

Programs.

34.8. Nothing contained in the foregoing shall be construed to require establishment of

a system of records in order to render in good faith the certification required by this

clause. The knowledge and information of a participant is not required to exceed that

which is normally possessed by a prudent person in the ordinary course of business

dealings.

34.9. Except for transactions authorized under paragraph 36.5. of these instructions, if a

participant in a covered transaction knowingly enters into a lower tier covered

transaction with a person who is proposed for debarment under 48 CFR part 9, subpart

9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this

transaction, the department or agency with which this transaction originated may

disallow costs, annul or terminate the transaction, issue a stop work order, debar or

suspend you, or take other remedies as appropriate.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -

Lower Tier Covered Transactions

34.10. The lower tier participant certifies, by signing this Contract, that neither it nor its

principals are presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from participation in this transaction by any federal

department or agency.

34.11. Where the lower tier participant is unable to certify to any of the statements in

this certification, such participant shall attach an explanation to this Contract.

35. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

35.1. The CONTRACTOR shall:

35.1.1. Publish a statement notifying employees that the unlawful manufacture,

distribution, dispensing, possession, or use of a controlled substance is prohibited in the

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workplace, and shall specify the actions that will be taken against employees for

violation of such prohibition.

35.1.2. Establish a drug-free awareness program to inform employees about the

dangers of drug abuse in the workplace; the CONTRACTOR’S policy of maintaining a

drug-free workplace; any available drug counseling, rehabilitation, and employee

assistance programs; and the penalties that may be imposed upon employees for drug

violations occurring in the workplace.

35.1.3. Make it a requirement that each employee engaged in the performance of the

grant be given a copy of the statement required by paragraph 37.1.1. of this section.

35.1.4. Notify the employee in the statement required by paragraph 37.1.1. of this

section that, as a condition of employment under the grant, the employee will abide by

the terms of the statement, notify the employer of any criminal drug statute conviction

for a violation occurring in the workplace no later than five days after such conviction,

and notify the WTSC within 10 days after receiving notice from an employee or

otherwise receiving actual notice of such conviction.

35.1.5. Take one of the following actions within 30 days of receiving notice under

paragraph 37.1.3. of this section, with respect to any employee who is so convicted:

take appropriate personnel action against such an employee, up to and including

termination, and/or require such employee to participate satisfactorily in a drug abuse

assistance or rehabilitation program approved for such purposes by a federal, state, or

local health, law enforcement, or other appropriate agency.

35.1.6. Make a good faith effort to continue to maintain a drug-free workplace through

implementation of all of the paragraphs above.

36. FEDERAL LOBBYING

36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:

36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of

the undersigned, to any person for influencing or attempting to influence an officer or

employee of any agency, a Member of Congress, an officer or employee of Congress,

or an employee of a Member of Congress in connection with the awarding of any

federal contract, the making of any federal grant, the making of any federal loan, the

entering into of any cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any federal contract, grant, loan, or cooperative

agreement.

36.1.2. If any funds other than federal appropriated funds have been paid or will be paid

to any person for influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or an employee of

Attachment B

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a Member of Congress in connection with this federal contract, grant, loan, or

cooperative agreement, the undersigned shall complete and submit Standard Form-

LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

36.1.3. The undersigned shall require that the language of this certification be included

in the award documents for all sub-awards at all tiers (including sub-contracts, sub-

grants, and contracts under grant, loans, and cooperative agreements), and that all sub-

recipients shall certify and disclose accordingly.

36.2. This certification is a material representation of fact upon which reliance was

placed when this transaction was made or entered into. Submission of this certification

is a prerequisite for making or entering into this transaction imposed by Section 1352,

Title 31, U.S. Code. Any person who fails to file the required certification shall be

subject to a civil penalty of not less than $10,000 and not more than $100,000 for each

such failure.

37. NONDISCRIMINATION

37.1. During the performance of this Contract, the CONTRACTOR agrees:

37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be

amended from time to time.

37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any

federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part

21 and herein.

37.1.3. To permit access to its books, records, accounts, other sources of information,

and its facilities as required by the WTSC, US DOT, or NHTSA.

37.1.4. That, in the event a contractor/funding recipient fails to comply with any

nondiscrimination provisions in this Contract, the WTSC will have the right to impose

such contract sanctions as it or NHTSA determine are appropriate, including but not

limited to withholding payments to the CONTRACTOR under the Contract until the

CONTRACTOR complies, and/or cancelling, terminating, or suspending a contract or

funding agreement, in whole or in part.

37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-

agreement and in every solicitation for a sub-contract or sub-agreement that receives

federal funds under this program.

38. STATE LOBBYING

None of the funds under this Contract will be used for any activity specifically designed

to urge or influence a state or local legislator to favor or oppose the adoption of any

Attachment B

7b-20

17

specific legislative proposal pending before any state or local legislative body. Such

activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one

exception. This does not preclude a state official whose salary is supported with NHTSA

funds from engaging in direct communications with state or local legislative officials, in

accordance with customary state practice, even if such communications urge legislative

officials to favor or oppose the adoption of a specific pending legislative proposal.

Approved As To Form

___________________________________

Margaret King, City Attorney

DESIGNATED CONTACTS

The following named individuals will serve as designated contacts for each of the

Parties for all communications, notices, and reimbursements regarding this Contract:

The Contact for the CONTRACTOR is: The Contact for WTSC is:

Bob Earl bearl@shorelinewa.gov 206-801-2479

Scott Waller swaller@wtsc.wa.gov 360-725-9885 ext.

Attachment B

7b-21

18

AUTHORITY TO SIGN

The undersigned acknowledge that they are authorized to execute this Contract and

bind their respective agencies or entities to the obligations set forth herein

IN WITNESS WHEREOF, the parties have executed this Agreement.

City of Shoreline

_____________________________________

Signature

_____________________________________

Printed Name

_____________________________________

Title

_____________________________________

Date

WASHINGTON TRAFFIC SAFETY COMMISSION

_____________________________________

Signature

_____________________________________

Printed Name

_____________________________________

Title

_____________________________________

Date

Attachment B

7b-22

Council Meeting Date: October 1, 2018 Agenda Item: 8(a)

CITY COUNCIL AGENDA ITEM CITY OF SHORELINE, WASHINGTON

AGENDA TITLE: QUASI-JUDICIAL: Discussion of Ordinance No. 838 – Amending the Zoning Map at 14507 and 14511 Stone Avenue N from Residential 48-units per acre (R-48) to Mixed Business (MB) (PLN 18-0019, Wright Rezone)

DEPARTMENT: Planning & Community Development PRESENTED BY: Miranda Redinger, AICP, Senior Planner ACTION: ____ Ordinance ____ Resolution _ Motion

__X_ Discussion ____ Public Hearing

PROBLEM/ISSUE STATEMENT: On behalf of the property owners, Robert Wright requested a rezone of two (2) parcels located at 14507 and 14511 Stone Avenue N from Residential 48-units per acre (R-48), a high density residential zone, to Mixed Business (MB), a commercial zone. Per Shoreline Municipal Code (SMC) Section 20.30.060, a rezone is a Type C quasi-judicial decision for which the City Hearing Examiner holds a public hearing and issues a recommendation. The City Council is tasked with making a final decision. As such, the City Council cannot hear any additional public comment on this item and should not have external discussion regarding this request with members of the public. The Hearing Examiner’s Recommendation on Request for Site Specific Rezone (Attachment A – Exhibit A), dated August 28, 2018, recommends approval of the proposed rezone. Adoption of proposed Ordinance No. 838 (Attachment A) would authorize this rezone and amend the City’s Zoning Map accordingly. Tonight, Council is scheduled to discuss proposed Ordinance No. 838. RESOURCE/FINANCIAL IMPACT: The proposed rezone will not have a direct resource or financial impact to the City. The rezone does have the potential to add dwelling units, which would contribute to the City’s property tax base.

RECOMMENDATION No action is required at this time. The Hearing Examiner recommended approval of this requested rezone. Staff concurs with this recommendation and asks that the Council adopt proposed Ordinance No. 838 when it is brought back to Council for consideration on October 15, 2018. Approved By: City Manager JN City Attorney MK

Page 1 8a-1

BACKGROUND Rezones are discretionary decisions of the City and addressed in Shoreline Municipal Code (SMC) Section 20.30.320. The purpose of a rezone is a mechanism to make changes to a zoning classification, conditions, or concomitant agreement applicable to property. Changes to the zoning classification that apply to a parcel of property are text changes and/or amendments to the official zoning map. SMC 20.30.060 classifies a rezone as a Type C decision. Pursuant to Table 20.30.060, the City of Shoreline Hearing Examiner, after holding an open record public hearing and preparing findings and conclusions, makes a recommendation to the City Council. The City Council is the final decision making authority on a rezone. The Code (SMC 20.30.320(B)) sets forth the following decision criteria with regard to rezone approval:

1. The rezone is consistent with the Comprehensive Plan. 2. The rezone will not adversely affect the public health, safety or general welfare. 3. The rezone is warranted in order to achieve consistency with the Comprehensive

Plan. 4. The rezone will not be materially detrimental to uses or property in the immediate

vicinity of the subject rezone. 5. The rezone has merit and value for the community.

Rezone Request On behalf of the property owners, Robert Wright requested a rezone of two (2) parcels located at 14507 and 14511 Stone Avenue N from Residential 48-units per acre (R-48), a high density residential zone, to Mixed Business (MB), a commercial zone. The Applicant currently has no specific project contemplated as part of this rezone. The 1.5 acre site has a Comprehensive Plan designation of Mixed Use 1 (MU1). Mixed Business (MB) is an implementing zone for MU1. The corresponding land use designation for R-48 zoning would be High Density Residential. A map depicting the proposed rezone can be found as Exhibit B to Attachment A.

DISCUSSION As part of the rezone request, the Applicant provided responses to the above-noted rezone decision criteria and staff provided additional analysis. Applicant responses and staff analysis are included in the Hearing Examiner staff report along with exhibits presented to the Hearing Examiner (Attachment B). The Hearing Examiner held the required public hearing on August 15, 2018. On August 28, 2018, the Hearing Examiner issued the Recommendation on Request for Site Specific Rezone (Attachment A – Exhibit A). With this recommendation, the Hearing Examiner sets forth the Findings of Fact and Conclusions of Law that support the recommendation of approval.

Page 2 8a-2

The documents contained in Attachments A and B collectively represent the record for this rezone. Pursuant to SMC 20.30.320(B), based on the record developed by the Hearing Examiner, the City Council may approve, approve with modifications, or deny the proposed rezone.

RESOURCE/FINANCIAL IMPACT The proposed rezone will not have a direct resource or financial impact to the City. The rezone does have the potential to add dwelling units, which would contribute to the City’s property tax base.

RECOMMENDATION No action is required at this time. The Hearing Examiner recommended approval of this requested rezone. Staff concurs with this recommendation and asks that the Council adopt proposed Ordinance No. 838 when it is brought back to Council for consideration on October 15, 2018.

ATTACHMENTS Attachment A – Proposed Ordinance No. 838

• Exhibit A- Hearing Examiner Recommendation on Request for Site Specific Rezone

• Exhibit B- Zoning Map with Proposed Rezone Attachment B – Hearing Examiner Record

Page 3 8a-3

ORDINANCE NO. 838

AN ORDINANCE OF THE CITY OF SHORELINE, WASHINGTON APPROVING THE REZONE APPLICATION TO AMEND THE CITY’S OFFICIAL ZONING MAP FROM R-48 TO MB FOR A PARCEL OF LAND LOCATED AT THE INTERSECTION OF N 145th STREET AND STONE AVENUE N, TAX PARCEL NO. 1826049092.

WHEREAS, the City of Shoreline is a non-charter optional municipal code city as provided in Title 35A RCW, incorporated under the laws of the state of Washington, and planning pursuant to the Growth Management Act, Title 36.70C RCW; and

WHEREAS, the applicants, via Application No. PLN 18-0019, seeks a site-specific rezone of a parcel of land located at the intersection of N 145th Street and Stone Ave N, identified by a Tax Parcel No. 1826049092, and addressed as 14507 and 14511 Stone Avenue N.; and

WHEREAS, the requested site-specific rezone would amend the City’s Official Zoning Map for this parcel from the current zoning Residential 48 units per acre (R-48) to Mixed Business (MB); and

WHEREAS, the site-specific rezone implements the Comprehensive Plan land use designation for the parcels of Mixed Use 1; and

WHEREAS, the environmental impacts of the site-specific zone resulted in the issuance of a Determination of Non-Significance (DNS) on July 19, 2018; and

WHEREAS, SMC 20.30.060 classifies a site-specific rezone as a Type C decision for which the City of Shoreline Hearing Examiner, after an open record public hearing, prepares findings and conclusions, and makes a recommendation to the City Council; and

WHEREAS, the City of Shoreline Hearing Examiner held a properly noticed open record public hearing on August 15, 2018; and

WHEREAS, on August 28, 2018, the City of Shoreline Hearing Examiner issued “Findings, Conclusions and Recommendation,” finding that the site-specific rezone satisfied the criteria set forth in SMC 20.30.320; and

WHEREAS, the City of Shoreline Hearing Examiner recommended approval of the site-specific rezone; and

WHEREAS, pursuant to SMC 20.30.060, the City Council has final decision making authority and this decision is to be made at a public meeting; and

1

Attachment A

8a-4

WHEREAS, the City Council considered the Hearing Examiner’s recommendation at its October 1, 2018 regular meeting; and

WHEREAS, the City Council concurs with the August 28, 2018 “Findings, Conclusions, and Recommendation” of the City of Shoreline Hearing Examiner, determining that the site-specific rezone satisfies the criteria set forth in SMC 20.30.320 and should be approved.

THEREFORE, THE CITY COUNCIL OF THE CITY OF SHORELINE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Hearing Examiner’s Recommendation. The City of Shoreline Hearing

Examiner’s August 28, 2018 Findings, Conclusion and Recommendation attached as Exhibit A, is hereby adopted.

Section 2. Amendment. The City’s Official Zoning Map shall be amended to change the

zoning designation for the parcels located at the intersection of N 145th Street and Stone Avenue N, addressed as 14507 Stone Avenue N and 14511 Stone Avenue N, and identified by Tax Parcel No. 1826049092, from Residential 48 units per acre (R-48) to Mixed Business (MB), as depicted on Exhibit B.

Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and/or the Code Reviser are authorized to make necessary corrections to this ordinance, including the corrections of scrivener or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references.

Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any person or situation.

Section 5. Publication and Effective Date. A summary of this Ordinance consisting of the title shall be published in the official newspaper. This Ordinance shall take effect five days after publication.

PASSED BY THE CITY COUNCIL ON THE 15th DAY OF OCTOBER, 2018. ________________________ Mayor Will Hall

2

Attachment A

8a-5

ATTEST: APPROVED AS TO FORM:

_______________________ _______________________ Jessica Simulcik-Smith Margaret King City Clerk City Attorney

Date of Publication: , 2018 Effective Date: , 2018

3

Attachment A

8a-6

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 1 of 8

CITY OF SHORELINE HEARING EXAMINER

RECOMMENDATION ON REQUEST FOR

SITE SPECIFIC REZONE

HE-18-05/PLN 18-0019 (Wright Rezone)

August 28, 2018

_________________________________

1. FINDINGS OF FACT

1.1 Background. This is a request to rezone two adjacent properties from R-48

(Residential, 48 units per acre) to Mixed Business.

1.2 Applicant, Property Owners, and Site Location.

Applicant: Robert Wright, The Foundation Group, 2621 Eastlake

Avenue East, Seattle WA 98102

Property Owners: 14507-H, LLC, 6525 Crown Blvd., #20428, San Jose, CA

95160-0428

Site Address: Parcel A: 14511 Stone Avenue North

Parcel B: 14507 Stone Avenue North

Tax Parcel No.: 182604-9092 (the site was assigned a single parcel number,

but has two legal descriptions).1

1.3 Hearing. A public hearing was held on August 15, 2018. The Planning

Department, through Ms. Redinger, summarized the proposal, identified the City's rezone

criteria, explained how the proposal met the criteria, and concluded with a recommendation of

approval. The Applicant, through Mr. Wright, expressed concurrence with the Department's

presentation. In response to a question from the public during the Department's presentation, Mr.

Wright emphasized that no specific project was a part of the rezone proposal, although the site

would likely be redeveloped in future.

Only one citizen indicated a wish to speak. Ms. Judy provided only her first name and

did not wish to testify under oath. She had hoped for a back and forth or "Q&A" forum to

address her questions. The Examiner stated questions could be raised, but this was not a "Q&A"

forum. However, once public testimony concluded, the Planning Department and Applicant

could address concerns raised. Ms. Judy elected not to provide testimony. The Planning

Department indicated staff would also be available to answer questions after the hearing.

1 Exhibit 1 (Staff Report), pgs. 1-2. The legal descriptions are in the Staff Report; see also Exhibit 1 (Staff Report),

Att. 18, pg. 3 (updated survey reflecting the boundaries of the two parcels).

Attachment A - Exhibit A

8a-7

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 2 of 8

The Examiner asked if there was anyone else who wished to provide comment. No one

present indicated a wish to comment. The hearing was adjourned.

1.4 Exhibits. The Examiner admitted these exhibits:

Exhibit 1 Staff Report, with Attachments 1-18

Exhibit 2 Public Hearing Affidavit

Exhibit 3 Planning Department Power Point Presentation

1.5 Site Description. The 1.5 acre site is developed with the a 57 unit apartment

complex, the Linden II Apartments. They consist of two 1964 apartment buildings and a

centralized 1984 building, with a pool.2

1.6 Critical Areas. The steepest slopes along both parcels' frontages and on Parcel A

exceed 25 percent.3 There are no indications of rockslides, earthflows, mudflows, landslides, or

other slope failure on the site or surrounding properties.4 Except steep slopes, there are no

mapped critical areas (wetlands, streams, or fish & wildlife habitat) at the site or on neighboring

properties. The site does not have ground water seepage or springs near the ground surface.

There is no standing or running water on the site or on adjacent properties during the year.

1.7 Access. Parcel A is accessed from the south via N 145th Street (State Highway

523), a Collector Arterial. Parcel B is accessed from the east via Stone Avenue NE, a Local

Secondary street. Just over 200 feet to the west is Aurora Avenue N (State Highway 99).

1.8 Site and Surrounding Property Zoning and Comprehensive Plan

Designations. The site is in the Parkwood Neighborhood's southwest corner. The Westminster

Triangle Neighborhood is to the west, across Aurora Avenue N. The City of Seattle’s

municipal boundary is to the south, at N 145th Street's center line. The zoning is R-48.5 "The

purpose of high density residential, R-18, R-24, R-36 and R-48 zones, is to provide for a mix of

predominantly apartment and townhouse dwelling units and other compatible uses."6 However,

the Comprehensive Plan designation is Mixed-Use 1.7

The Mixed-Use 1 (MU1) designation encourages the development of walkable

places with architectural interest that integrate a wide variety of retail, office, and

service uses, along with form-based maximum density residential uses. Transition

to adjacent single-family neighborhoods may be accomplished through

appropriate design solutions. Limited manufacturing uses may be permitted under

certain conditions.8

2 See Exhibit 1 (Staff Report), Att. 1 for aerial view and site plan.

3 Exhibit 1 (Staff Report), Att. 8 (Application, attached Critical Areas Worksheets).

4 See e.g., Exhibit 1 (Staff Report), Att. 5 (GIS topographic map).

5 Exhibit 1 (Staff Report), Att. 3.

6 SMC 20.40.030(C).

7 Exhibit 1 (Staff Report), Att. 4.

8 Comprehensive Plan Land Use Policy 9 (LU-9).

Attachment A - Exhibit A

8a-8

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 3 of 8

The requested zoning is consistent. "The purpose of the mixed business zone (MB) is to

encourage the development of vertical and/or horizontal mixed-use buildings or developments

along the Aurora Avenue and Ballinger Way corridors."9

The surrounding area within the City has a mix of zoning, including two single family

zones, R-6 and R-8, along with the Mixed Business commercial zone. Within Seattle

boundaries, property is zoned Low Rise Multifamily 2 and 3 (LR2, LR3), and includes a mix of

dwelling units, including single-family; a Walgreens drug store on the property immediately

adjacent to the west; a restaurant across N 145th Street in Seattle; and other businesses and

multifamily housing along Aurora Avenue N.

1.9 Public Notice. A pre-application meeting was held on December 5, 2017, which

was followed by a neighborhood meeting on June 2, 2018.10

Application notice was posted on

site, mailed to all residents within 500 feet and the SEPA notification list, with notice also

published in the Seattle Times, and posted on the City’s website. 11

Public hearing notice was

posted on site and on the City's website, mailed to residents, and published in the Seattle

Times.12

City notice requirements were complied with.

1.10 Agency Comment. The proposal was circulated among City departments and

outside agencies for review and comment. When the site is redeveloped, drainage, frontage, and

sidewalk improvements will be required. Impact fee requirements would apply (i.e.,

Transportation, Parks, and Fire).

1.11 SEPA. The City of Shoreline is the SEPA Lead Agency. The City issued a

Determination of Nonsignificance,13

which was mailed to the notification list, including State

Departments of Commerce and Ecology, neighboring jurisdictions, local organizations, and

tribes. The City received one comment from the King County Historic Preservation Program.14

A

Historical Report addressed the comment.15

1.12 Water/Sewer Availability. The Applicant submitted a Certificate of Water

Availability from North City Water District. During the pre-application meeting, Ronald

Wastewater District provided information on sanitary sewer requirements and general facilities

charges, and City staff provided information on regulatory requirements, including those

addressing drainage and frontage improvements.

. 1.13 Rezone Criteria. In summary, the City's rezone criteria require an evaluation of

Comprehensive Plan consistency, avoidance of adverse effects and material detriment to

surrounding uses, and a showing that the rezone has merit and value for the community.16

9 SMC 20.40.040(C).

10 Exhibit 1 (Staff Report), Att. 6 (Neighborhood Meeting Invite) and Att. 7 (Neighborhood Meeting Summary).

The summary was mailed to attendees on June 26, 2018. 11

Exhibit 1 (Staff Report), Att. 10 and Att. 11; SMC 20.30.120 and. 180. 12

Exhibit 1 (Staff Report), Att. 14, 15, and 16; Exhibit 2 (Affidavit of Publication for the hearing). 13

Exhibit 1 (Staff Report), Att. 13. 14

Exhibit 1 (Staff Report), Att. 12. 15

Exhibit 1 (Staff Report), Att. 18. 16

See SMC 20.30.320.

Attachment A - Exhibit A

8a-9

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 4 of 8

1.13.1 Comprehensive Plan Consistency. The Comprehensive Plan designates

the area Mixed-Use 1. The site is near the intersection of Aurora and 145th. Aurora Avenue N

contains Bus Rapid Transit lanes for the King County Metro E Line. N 145th Street will host the

Lynnwood Link light rail station. Overall, this area is slated for intensification of mixed

commercial and residential uses. The Mixed Business zoning designation would facilitate this

use mix, consistent with these policies.

Goal LU II: Establish land use patterns that promote walking, biking and using

transit to access goods, services, education, employment, recreation.

Goal CD I: Promote community development and redevelopment that is

aesthetically pleasing, functional, and consistent with the City’s vision.

Goal H I: Provide sufficient development capacity to accommodate the 20 year

growth forecast and promote other goals, such as creating demand for transit and

local businesses through increased residential density along arterials; and

improved infrastructure, like sidewalks and stormwater treatment, through

redevelopment.

H2: Provide incentives to encourage residential development in commercial

zones, especially those within proximity to transit, to support local businesses.

H3: Encourage infill development on vacant or underutilized sites.

NE1. Promote infill and concurrent infrastructure improvements in areas that are

already developed in order to preserve rural areas, open spaces, ecological

functions, and agricultural lands in the region.

Based on these goals and policies, the Mixed Business zoning is consistent with the

Mixed-Use 1 Plan designation, and satisfies SMC 20.30.320(B)(1).

1.13.2 No Adverse Effect to Public Health, Safety or General Welfare. The

City is designing corridor improvements for N 145th Street to accommodate increased traffic and

multimodal access for the future light rail station. The segment between Interstate 5 and Aurora

Avenue N is further divided into three sections. Based on grant funding cycles and existing

capital funding commitments within the city, improvements to the segment closest to Aurora

(where the site is) are unlikely to be funded for at least the next decade. Site redevelopment,

which would trigger frontage improvements, is potentially a way to realize updated sidewalk

standards before the City can devote capital project resources to this area. Redevelopment would

also trigger updated stormwater standards and more efficient building design (through adherence

to updated Energy Code requirements) that would also contribute to improved public health,

safety, and general welfare.

Attachment A - Exhibit A

8a-10

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 5 of 8

Once redeveloped, the site's aesthetics will improve, to better appeal to customers and

tenants, and the surrounding sidewalks and streets will be made wider and safer. These public

health, safety and general welfare objectives follow Plan objectives.

Goal LU II: Establish land use patterns that promote walking biking and using

transit to access goods, services, education, employment, recreation.

LU9: The Mixed-Use 1 (MU1) designation encourages the development of

walkable places with architectural interest that integrate a wide variety of retail,

office, and service uses, along with form-based maximum density residential

uses. Transition to adjacent single-family neighborhoods may be accomplished

through appropriate design solutions. Limited manufacturing uses may be

permitted under certain conditions.

Goal H1: Provide sufficient development capacity to accommodate the 20 year

growth forecast and promote other goals, such as creating demand for transit and

local businesses through increased residential density along arterials; and

improved infrastructure, like sidewalks and stormwater treatment, through

redevelopment.

H2: Provide incentives to encourage residential development in commercial

zones, especially those within proximity to transit, to support local businesses.

H3: Encourage infill development on vacant or underutilized sites.

Goal TV1: Encourage alternative modes of transportation to reduce the number

of automobiles on the road, promote a healthy city, and reduce carbon emissions.

T33: Strengthen Aurora Avenue N as a high usage transit corridor that

encourages cross-country, seamless service.

T49: Expand the city’s pedestrian network. Prioritize projects shown on the

Pedestrian System Plan included in the TMP using the following criteria:

o Ability to be combined with other capital projects or leverage other

funding;

o Proximity to a school or park;

o Located on an arterial;

o Located in an activity center, such as Town Center, North City,

Ballinger, or connects to Aurora Avenue N;

o Connects to an existing walkway or the Interurban Trail;

o Connects to transit; and/or

o Links major destinations such as neighborhood businesses, high

density housing, schools, and recreation facilities.

The rezone is consistent with SMC 20.30.320(B)(2).

Attachment A - Exhibit A

8a-11

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 6 of 8

1.13.3 Rezone Warranted in Order to Achieve Comprehensive Plan

Consistency. The Comprehensive Plan land use designation most appropriate for the current R-

48 zoning is High Density Residential. The most common implementing zoning for Mixed-Use 1

is Mixed Business. The Applicant stated that with R-48 zoning, redevelopment is limited to 72

units. The City’s vision in this locale under the Mixed-Use 1 Plan designation is a combination

of high density residential and commercial uses. Mixed Business zoning is consistent and

satisfies SMC 20.30.320(B)(3).

1.13.4 No Material Detriment to Uses or Property in the Immediate Vicinity.

Site redevelopment would result in improved architecture, which would likely include an updated

design aesthetic besides complying with Building Code regulations requiring increased energy

efficiency and safety measures. The Property is at Shoreline's "gateway" for people coming from

the south, whether to the 145th Street light rail station or heading north on Aurora Avenue. The

City invested millions of dollars in revitalizing the Aurora Avenue Corridor and expects to see

millions of dollars of improvements to the 145th Street Corridor from Shoreline, Sound Transit,

WSDOT, and other regional entities. New housing development that includes frontage

improvements would complement past and proposed investments, and would not be materially

detrimental to surrounding properties. The requested rezone is consistent with Plan objectives for

this area.

Goal NE V. Protect clean air and the climate for present and future generations

through reduction of greenhouse gas emissions, and promotion of efficient and

effective solutions for transportation, clean industries, and development.

NE1. Promote infill and concurrent infrastructure improvements in areas that are

already developed in order to preserve rural areas, open spaces, ecological

functions, and agricultural lands in the region.

There is no material detriment; the rezone follows SMC 20.30.320(B)(4).

1.13.5 Rezone Merit and Value for the Community. When the site is

redeveloped, the project must comply with new design, landscaping, streetscape, and stormwater

requirements. This will improve property aesthetics, economic attractiveness, and better serve

the environment. This follows the Comprehensive Plan.

ED9: Promote land use and urban design that allows for smart growth and dense nodes of

transit-supportive commercial activity to promote a self sustaining local economy.

ED12: Revitalize commercial business districts, and encourage high density

mixed-use in these areas.

ED21: Support public/private partnerships to facilitate or fund infrastructure

improvements that will result in increased economic opportunity.

Attachment A - Exhibit A

8a-12

Recommendation on Rezone PLN 18-0019 City of Shoreline Hearing Examiner

Page 7 of 8

ED27: Develop a vision and strategies for creating dense mixed-use nodes

anchored by Aurora’s retail centers, including how to complement, support, and

connect them with mid-rise residential, office, and destination retail buildings.

To address impacts, new residential development will require the payment of

Transportation, Park, and Fire Impact Fees, which fund system-wide improvements to

accommodate growth within the community. Future development will install full frontage

improvements including sidewalk, curb, gutter, and landscape/amenity zone adjacent to the

sidewalk. Also, new residential development will pay impact fees to support the system-wide

improvements to support growth. The proposal has community merit and value.

2. CONCLUSIONS OF LAW

2.1 The City classifies site specific rezones as Type C decisions,17

which require the

Hearing Examiner to issue a recommendation after holding an open record public hearing. The

City Council makes the final decision.

2.2 The City requires the Examiner to consider these criteria:

The City may approve or approve with modifications an application for a rezone

of property if:

1. The rezone is consistent with the Comprehensive Plan; and

2. The rezone will not adversely affect the public health, safety or general

welfare; and

3. The rezone is warranted in order to achieve consistency with the

Comprehensive Plan; and

4. The rezone will not be materially detrimental to uses or property in the

immediate vicinity of the subject rezone; and

5. The rezone has merit and value for the community.18

2.3 The City's rezone criteria are consistent with the general case law rules governing

rezones, which provide no presumption of validity and require demonstration of a substantial

relationship to the public health, safety, morals, and general welfare.19

As the rezone is consistent

with the Comprehensive Plan, changed circumstances need not be demonstrated.20

17 SMC 20.30.060.

18 SMC 20.30.320(B).

19 Phoenix Development Inc. v. City of Woodinville, 171 Wn. 2d 820, 834, 256 P.3d 1150 (2011).

20 Bjarnson v. Kitsap County, 78 Wn. App. 840, 846, 899 P.2d 1290 (1995).

Attachment A - Exhibit A

8a-13

Attachment A - Exhibit A

8a-14

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1402

14818

14826

14720

1139

148 52

14823

1149

1451714511

1455614710

14508

1455914561

1318

11541136

14819

114014540

14846

1322

14514

1146

1214

14807

14544

14804

14833 14828

14813

14525

14910

14528 14527

14545

14555

14813 14808

1454414544ST

ONEA

VEN

N 146TH PL

N 148THPL

INTE

RLAK

EAVE

N

STON

E LN N

Zoning Legend

No warranties of any sort, including accuracy, fitness, or merchantability, accompany this product.Date Printed: Date: 8/20/2018 | Request: 17787

Feature Legend- Unclassified ROW- Parcel Line

- Parcel Change- City Boundary

0 80 160 240 32040Feet

14511 Stone Ave N RezoneR-48 to MB

PLN18-0019 - Wright Rezone

TC-1 to TC-4; Town CenterMUR-70; Mixed Use Residential (70' height)MUR-45; Mixed Use Residentiial (45' height)MUR-35; Mixed Use Residential (35' height)MB; Mixed BusinessCB; Community BusinessNB; Neighborhood BusinessPA 3; Planned Area 3C; Campus

CZ; Contract ZoneR-48; Residential, 48 units/acreR-24; Residential, 24 units/acreR-18; Residential, 18 units/acreR-12; Residential, 12 units/acreR-8; Residential, 8 units/acreR-6; Residential, 6 units/acreR-4; Residential, 4 units/acre

R48

R18

R6 R6MB

MBR8

Attachment A - Exhibit B

8a-15

CITY OF SHORELINE

PLANNING AND COMMUNITY DEVELOPMENT

STAFF REPORT FOR HEARING EXAMINER

AUGUST 15, 2018 PUBLIC HEARING

Project Name: Wright Rezone Application Project File No.: PLN18-0019 REQUEST: The applicant has requested to rezone two parcels from Residential-48 units per acre (R-48) to Mixed Business (MB). GENERAL INFORMATION: Applicant: Robert Wright The Foundation Group

2621 Eastlake Ave E Seattle, WA 98102

Property Information:

Parcel A– 14511 Stone Avenue N Parcel B– 14507 Stone Avenue N Owner- 14507-H, LLC, Martin O. Halfhill, Managing Member 6525 Crown Blvd #20428 San Jose, CA 95160-0428 These two parcels will be collectively referred to in this Staff Report as “The Property” and individually denoted by address. Even though the legal description references Parcel A and Parcel B, the parcels share a Property Tax Account Number of 182604092. Legal Description: PARCEL A:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 26 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET NORTH AND 341 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST

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QUARTER OF SECTION 18, TOWNSHIP 26 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 242 FEET; THENCE EAST 148 FEET; THENCE SOUTH 242 FEET; THENCE WEST 148 FEET TO THE POINT OF BEGINNING EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 5761685. PARCEL B: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 26 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET NORTH AND 489 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 26 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 252 FEET; THENCE EAST 148 FEET; THENCE SOUTH 252 FEET; THENCE WEST 148 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 5761685. PROJECT DESCRIPTION: The Applicant requests a rezone of two (2) parcels of land currently zoned Residential 48 units per acre (R-48) to Mixed Business (MB). The Applicant currently has no specific project contemplated as part of this rezone. PROPERTY DESCRIPTION: The Site Map and Plan (Attachment 1) shows an aerial view of The Property and a simplified site plan. The site is approximately 1.5 acres and the current use is the Linden II Apartments, which consists of three buildings (two apartment buildings and a centralized building that contains a pool) with a total of 57 units. According to the Critical Areas Worksheets attached to the rezone applications (Attachment 8), the steepest slopes found on Parcel A and along the front of both parcels is greater than 25 percent. The City’s GIS topographic map confirms the topography of the site (Attachment 5). There are no indications on any portion of the Property or on any adjacent properties of rockslides, earthflows, mudflows, landslides, or other slope failure.

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With the exception of steep slopes, there are no mapped critical areas (wetlands, streams, or fish & wildlife habitat) on the Property or on neighboring properties. There is no standing or running water on the surface of any of the properties or on any adjacent property at any time during the year. The Property does not contain ground water seepage or springs near the surface of the ground. Parcel A is accessed from N 145th Street, which is classified as State Route 523. Parcel B is accessed from Stone Avenue NE, which is classified as a Local Secondary street. CURRENT ZONING AND LAND USE: The Property is located in the southwest corner of the Parkwood Neighborhood. The Westminster Triangle Neighborhood is to the west, across Aurora Avenue N. The City of Seattle is to the south, across N 145th Street. The City’s Comprehensive Plan Land Use Designation Map (Attachment 4), shows the Property having a single land use designation of Mixed-Use 1, which is defined by Comprehensive Plan Land Use Policy 9 (LU-9) as follows:

The Mixed-Use 1 (MU1) designation encourages the development of walkable places with architectural interest that integrate a wide variety of retail, office, and service uses, along with form-based maximum density residential uses. Transition to adjacent single-family neighborhoods may be accomplished through appropriate design solutions. Limited manufacturing uses may be permitted under certain conditions.

As illustrated in the Zoning Map (Attachment 3), The Property is currently zoned R-48. The surrounding area on the Shoreline side of N 145th Street has a mix of zoning, including R-6 (single-family, six [6] units per acre), R-8 (eight [8] units per acre), and Mixed Business (MB). The area contains a mix of dwelling units, including single-family; a Walgreens drug store on the property immediately adjacent to the west; a restaurant across N 145th Street in Seattle; and other businesses and multifamily housing along Aurora Avenue N. PUBLIC NOTICE AND COMMENT: Staff analysis of the proposed rezone considered information gathered from a pre-application meeting on December 5, 2017; a neighborhood meeting on June 2, 2018 (Attachment 6, Invitation; Attachment 7, Summary, which was mailed to attendees on June 26, 2018); the Shoreline Comprehensive Plan; and the Shoreline Municipal Code, Title 20 Unified Development Code. As required by SMC 20.30.120 and 20.30.180, public notice of the rezone application for the proposal was posted on site, mailed to all residents within 500 feet and the SEPA notification list, advertised in the Seattle Times, and posted on the City’s website

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on July 2, 2018 (Attachment 10). Notice of the August 15, 2018 public hearing (Attachment 14) was posted on site, mailed to residents, advertised in the Seattle Times, and posted on the City’s website on August 1, 2018. The address list for mailings is included as Attachment 15 and the signed Declaration of Mailing is Attachment 16. The Affidavit of Publication will be included as an Exhibit for the public hearing record as soon as the City receives it. AGENCY COMMENT AND ENVIRONMENTAL REVIEW: The City of Shoreline is acting as Lead Agency for the SEPA review and environmental determination. The SEPA Determination of Nonsignificance (Attachment 13) was mailed to the notification list, including State Departments of Commerce and Ecology, neighboring jurisdictions, local organizations, and tribes, on July 19, 2018. The City received one comment from the King County Historic Preservation Program (Attachment 11). Attachment 12 is the Applicant’s response. The Applicant has submitted Certificates of Water Availability for the Property from North City Water District. Staff from Ronald Wastewater District provided information to the Applicant regarding Sanitary Sewer requirements and General Facility Charges during the December 5, 2017 pre-application meeting. Information from the Water and Sewer Districts would be applicable to a potential future development project. City staff also provided information about Drainage Requirements, Frontage Improvements, and other applicable codes and regulations at the December 5, 2017 pre-application meeting. DEPARTMENT ANALYSIS: The Applicant requests the rezone of two parcels from R-48 to MB. SMC 20.40.040(C) states the purpose of the non-residential MB zone:

The purpose of the mixed business zone (MB) is to encourage the development of vertical and/or horizontal mixed-use buildings or developments along the Aurora Avenue and Ballinger Way corridors.

In contrast, SMC 20.40.030(C) states the purpose of the R-48 zones:

The purpose of high density residential, R-18, R-24, R-36 and R-48 zones, is to provide for a mix of predominantly apartment and townhouse dwelling units and other compatible uses.

Rezones are provided for in Shoreline Municipal Code (SMC) 20.30.320. The purpose of a rezone is a mechanism to make changes to a zoning classification, conditions, or concomitant agreement applicable to property. Changes to the zoning classification that

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apply to a parcel of property are text changes and/or amendments to the official zoning map. SMC 20.30.060 classifies a rezone as a Type C decision. Pursuant to Table 20.30.060, the City of Shoreline Hearing Examiner, after holding an open record public hearing and preparing findings and conclusions, makes a recommendation to the City Council. The City Council is the final decision-making authority on a rezone. Rezone Applications – Legal Standard Three general rules apply to rezone applications:

1. there is no presumption of validity favoring a rezone; 2. the rezone proponent must demonstrate that circumstances have changed since

the original zoning; and 3. the rezone must have a substantial relationship to the public health, safety,

morals, and general welfare. Phoenix Development Inc. v. City of Woodinville, 171 Wn. 2d 820, 834 (2011) (citing Citizens for Mount Vernon v. City of Mount Vernon, 133 Wash. 2d 861, 947 P.2d 1208 [1997]). However, as is the case for the present rezone application, when a proposed rezone implements the policies of a comprehensive plan, the rezone proponent is not required to demonstrate changed circumstances. Bjarnson v. Kitsap County, 78 Wash. App. 840, 899 P.2d 1290 (1995). The decision criteria set forth in SMC 20.30.320(B) address these general rules as well as other considerations the City has established for determining whether or not a rezone should be granted. Decision Criteria – SMC 20.30.320(B) Decision criteria that the Hearing Examiner must examine for a rezone are set forth in SMC 20.30.320(B). The Applicant provided responses (in Attachment 9 and copied below) to the following decision criteria and staff has analyzed each of the criteria below. SMC 20.30.320(B) provides that an application for a rezone of property may be approved or approved with modifications if: 1. The rezone is consistent with the Comprehensive Plan.

Applicant’s Response: The property sits adjacent to Walgreens in an area that is “Mixed Use 1” under the City of Shoreline’s Comprehensive Plan. The Walgreen parcel is zoned MB, Mixed Business, which is the usage most consistent with both the existing Walgreen’s zoning and the “Mixed Use 1” designation of the Comprehensive Plan, and the usage for which we are asking. Another thing of note – the property

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is near the intersection of Aurora and 145th, a commercial and Rapid Transit corridor where one of Shoreline’s light rail stations will be located, which in itself would warranty the high density zoning designation.

Staff Analysis:

The site location, directly off of N 145th Street and one parcel west of Aurora Avenue N, is near an important intersection of transit corridors. Aurora Avenue N contains Bus Rapid Transit lanes for the King County Metro E Line. N 145th Street will be the location of a future Lynnwood Link light rail station. The Comprehensive Plan Goals and Policies listed below articulate the need for additional housing choice and a mix of uses to support neighborhood serving businesses and transit service. Staff believes that an MB zoning designation would facilitate this use mix better than R-48.

Goal LU II: Establish land use patterns that promote walking, biking and using transit to access goods, services, education, employment, recreation. Goal CD I: Promote community development and redevelopment that is aesthetically pleasing, functional, and consistent with the City’s vision. Goal H I: Provide sufficient development capacity to accommodate the 20 year growth forecast and promote other goals, such as creating demand for transit and local businesses through increased residential density along arterials; and improved infrastructure, like sidewalks and stormwater treatment, through redevelopment. H2: Provide incentives to encourage residential development in commercial zones, especially those within proximity to transit, to support local businesses. H3: Encourage infill development on vacant or underutilized sites. NE1. Promote infill and concurrent infrastructure improvements in areas that are already developed in order to preserve rural areas, open spaces, ecological functions, and agricultural lands in the region.

Based on the noted Comprehensive Plan Goals and Policies and the MB zoning being more in alignment with the MU1 Land Use Designation, the proposed rezone satisfies SMC 20.30.320(B)(1).

2. The rezone will not adversely affect the public health, safety or general

welfare.

Applicant’s Response: Conversely, the rezone will enhance public health, safety and the general welfare. In fitting with the recently adopted Comprehensive Plan, the site, once redeveloped, will be a piece of land and a building (or buildings) which will be

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attractive and will appeal to customers and tenants of sound economic and moral structure, and the surrounding sidewalks and streets will be made wider and safer. Examples abound in the Comprehensive Plan Policy Manual:

i. Land Use Element 1. Goal LU II: Establish land use patterns that promote walking biking

and using transit to access goods, services, education, employment recreation.

2. LU9: The Mixed-Use1 (MU1) designation encourages the development of walkable places with architectural interest that integrate a wide variety of retail, office, and service uses, along with form-based maximum density residential uses. Transition to adjacent single-family neighborhoods may be accomplished through appropriate design solutions. Limited manufacturing uses may be permitted under certain conditions.

ii. Housing Element 1. Goal H1: Provide sufficient development capacity to accommodate

the 20 year growth forecast and promote other goals, such as creating demand for transit and local businesses through increased residential density along arterials; and improved infrastructure, like sidewalks and stormwater treatment, through redevelopment.

2. H2: Provide incentives to encourage residential development in commercial zones, especially those within proximity to transit, to support local businesses.

3. H3: Encourage infill development on vacant or underutilized sites. iii. Transportation Element

1. Goal TV1: Encourage alternative modes of transportation to reduce the number of automobiles on the road, promote a healthy city, and reduce carbon emissions.

2. T33: Strengthen Aurora Avenue N as a high usage transit corridor that encourages cross-country, seamless service.

3. T49: Expand the city’s pedestrian network. Prioritize projects shown on the Pedestrian System Plan included in the TMP using the following criteria:

o Ability to be combined with other capital projects or leverage other funding;

o Proximity to a school or park; o Located on an arterial; o Located in an activity center, such as Town Center, North

City, Ballinger, or connects to Aurora Avenue N; o Connects to an existing walkway or the Interurban Trail; o Connects to transit; and/or o Links major destinations such as neighborhood businesses,

high density housing, schools, and recreation facilities.

Staff Analysis:

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The City is currently designing corridor improvements for N 145th Street to accommodate increased traffic and multimodal access for the future light rail station. The segment between Interstate 5 and Aurora Avenue N is further divided into three sections. Based on grant funding cycles and existing capital funding commitments within the city, improvements to the segment closest to Aurora (where The Property is located) are unlikely to be funded for at least the next decade. Redevelopment of The Property, which would trigger frontage improvements, could potentially be a way to realize updated sidewalk standards before the City is able to devote capital project resources to this area. Redevelopment would also trigger updated stormwater standards and more efficient building design (through adherence to updated Energy Code requirements) that would also contribute to improved public health, safety, and general welfare. This proposed rezone satisfies SMC 20.30.320(B)(2).

3. The rezone is warranted in order to achieve consistency with the

Comprehensive Plan.

Applicant’s Response: We’re not asking for anything different than is the city’s intent under the Comprehensive Plan. As it stands now, with the existing zoning of R-48 (48 units per acre), if a developer were to build on the parcel’s existing 65,712sf, he or she would be limited to 72 units of residential only, whereas the city’s vision for the future of Shoreline in that locale calls for a combination of residential and commercial. The Comprehensive Plan labels it as Mixed Use 1. All we’re asking for is the same zoning that was given the adjacent parcel Walgreens in 2016 (MB), which was the intent of the city anyway, since both were given the designation of Mixed Use 1 in the Comprehensive Plan.

Staff Analysis: The Comprehensive Plan land use designation that would be appropriate for the current R-48 zoning would be High Density Residential. The most common implementing zoning for MU1 is Mixed Business. Given the inconsistency between existing zoning and land use designations for The Property, the rezone is warranted in order to achieve consistency with the Comprehensive Plan. This proposed rezone satisfies SMC 20.30.320(B)(3).

4. The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject rezone. Applicant Response:

Again we refer to the specifics laid out in the Comprehensive Plan Manual for the requested zoning under the “Natural Environment Element:”

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1. Goal NE V. Protect clean air and the climate for present and future generations through reduction of greenhouse gas emissions, and promotion of efficient and effective solutions for transportation, clean industries, and development.

2. NE1. Promote infill and concurrent infrastructure improvements in areas that are already developed in order to preserve rural areas, open spaces, ecological functions, and agricultural lands in the region.

Staff Analysis:

Potential redevelopment of The Property would result in a more modern building, which would likely include an updated design aesthetic in addition to complying with current Building Code regulations that are more focused on energy efficiency and safety. The Property is located at the “gateway” to Shoreline for people coming from the south, whether to the 145th Street light rail station or heading north on Aurora Avenue. The City invested millions of dollars in revitalizing the Aurora Avenue Corridor and expects to see millions of dollars of improvements to the 145th Street Corridor from Sound Transit, WSDOT, and other regional entities. New housing development that includes frontage improvements would complement past and proposed investments, and would be unlikely to be materially detrimental to surrounding properties. This proposed rezone satisfies SMC 20.30.320(B)(4).

5. The rezone has merit and value for the community.

Applicant’s Response:

At a point in the future when the property is developed under the guidelines of the requested zoning, the public will benefit not only by the aforementioned environmental element above, but economically as well. Once more we quote from the Comprehensive Plan, under the “Economic Development Element.”

1. ED9: Promote land use and urban design that allows for smart growth and dense nodes of transit-supportive commercial activity to promote a self-sustaining local economy.

2. ED12: Revitalize commercial business districts, and encourage high density mixed-use in these areas.

3. ED21: Support public/private partnerships to facilitate or fund infrastructure improvements that will result in increased economic opportunity.

4. ED27: Develop a vision and strategies for creating dense mixed-use nodes anchored by Aurora’s retail centers, including how to complement, support, and connect them with mid-rise residential, office, and destination retail buildings.

Staff Analysis:

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In addition to the reasons already stated, new residential development will require the payment of Transportation, Park, and Fire Impact Fees, which fund system-wide improvements to accommodate growth within the community. This proposed rezone satisfies SMC 20.30.320(5).

DEPARTMENT RECOMMENDATION: Based on the above applicant responses to the rezone criteria and the Planning Department’s analysis, Planning recommends APPROVAL of the Rezone for PLN18-0019. The two parcels identified in this Staff Report should be rezoned to Mixed Business (MB). __________________________________ Miranda Redinger, AICP, Senior Planner August 1, 2018 Attachments: 1. Site Map and Plan 2. Vicinity Map 3. Zoning Map 4. Current Comprehensive Plan Map (adopted 2012) 5. Critical Areas Map 6. Neighborhood Meeting Invite 7. Neighborhood Meeting Summary 8. Application 9. Purpose Statement and Rezone Criteria 10. Notice of Application 11. SEPA Comment Received 12. Applicant Response to Comment 13. SEPA Determination of Nonsignificance (DNS) 14. Notice of Public Hearing 15. Mailing List 16. Declaration of Mailing 17. Signed SEPA Checklist

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Attachment 1- Site Map and Plan

1

Attachment B

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Attachment 2- Vicinity Map

2

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Attachment 3- Zoning Map

3

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Attachment 4- 2012 Comprehensive Plan Map

4

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Attachment 5- Critical Areas Map

5

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Attachment 6- Neighborhood Meeting Invite

6

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Attachment 7- Neighborhood Meeting Summary

7

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Attachment 8- Application

8

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Attachment 9- Purpose Statement and Rezone Criteria

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1) Purpose: The purpose of rezoning the Linden II parcel is twofold – to be consistent with the

recently adopted comprehensive plan and thereby work to enhance the livability and beauty of

the area and to enhance the value of the asset for the owner and the owner’s children. There

currently is no planned redevelopment of the parcel. The owner only wants to pass along to his

children an asset which will be safe and will grow in value. Someday it will be developed

though, either by the owner’s children or through a sale to a developer, and when that

happens, it would be to everyone’s benefit that it be done through the eyes of what the city

planners and the citizens of Shoreline have envisioned for the area.

2) Decision Criteria:

a. The rezone is consistent with the Comprehensive Plan; the property sits adjacent to

Walgreens in an area that is “Mixed Use 1” under the City of Shoreline’s

Comprehensive Plan. The Walgreen parcel is zoned MB, Mixed Business, which is the

usage most consistent with both the existing Walgreen’s zoning and the “Mixed Use 1”

designation of the Comprehensive Plan, and the usage for which we are asking.

Another thing of note – the property is near the intersection of Aurora and 145th, a

commercial and Rapid Transit corridor where one of Shoreline’s light rail stations will be

located, which in itself would warranty the high density zoning designation.

b. The rezone will not adversely affect the public health safety, or general welfare.

Conversely, the rezone will enhance public health, safety and the general welfare. In

fitting with the recently adopted Comprehensive Plan, the site, once redeveloped, will be

a piece of land and a building (or buildings) which will be attractive and will appeal to

customers and tenants of sound economic and moral structure, and the surrounding

sidewalks and streets will be made wider and safer. Examples abound in the

Comprehensive Plan Policy Manual:

i. Land Use Element

1. Goal LU II: Establish land use patterns that promote walking biking and

using transit to access goods, services, education, employment

recreation.

2. LU9: The Mised-Use1 (MU1) designation encourages the development of

walkable places with architectural interest that integrate a wide variety of

retail, office, and service uses, along with form-based maximum density

residential uses. Transition to adjacent single-family neighborhoods may

be accomplished through appropriate design solutions. Limited

manufacturing uses may be permitted under certain conditions.

ii. Housing Element

1. Goal H1: Provide sufficient development capacity to accommodate the 20

year growth forecast and promote other goals, such as creating demand

for transit and local businesses through increased residential density

along arterials; and improved infrastructure, like sidewalks and stormwater

treatment, through redevelopment.

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8a-35

2. H2: Provide incentives to encourage residential development in

commercial zones, especially those within proximity to transit, to support

local businesses.

3. H3: Encourage infill development on vacant or underutilized sites.

iii. Transportation Element

1. Goal TV1: Encourage alternative modes of transportation to reduce the

number of automobiles on the road, promote a healthy city, and reduce

carbon emissions.

2. T33: Strengthen Aurora Avenue N as a high usage transit corridor that

encourages cross-country, seamless service.

3. T49: Expand the city’s pedestrian network. Prioritize projects shown on

the Pedestrian System Plan included in the TMP using the following

criteria:

o Ability to be combined with other capital projects or leverage other

funding;

o Proximity to a school or park;

o Located on an arterial;

o Located in an activity center, such as Town Center, North City,

Ballinger, or connects to Aurora Avenue N;

o Connects to an existing walkway or the Interurban Trail;

o Connects to transit; and/or

o Links major destinations such as neighborhood businesses, high

density housing, schools, and recreation facilities.

c. The rezone is warranted in order to achieve consistency with the Comprehensive

Plan; we’re not asking for anything different than is the city’s intent under the

Comprehensive Plan. As it stands now, with the existing zoning of R-48 (48 units per

acre), if a developer were to build on the parcel’s existing 65,712sf, he or she would be

limited to 72 units of residential only, whereas the city’s vision for the future of Shoreline

in that locale calls for a combination of residential and commercial. The Comprehensive

Plan labels it as Mixed Use 1. All we’re asking for is the same zoning that was given the

adjacent parcel Walgreens in 2016 (MB), which was the intent of the city anyway, since

both were given the designation of Mixed Use 1 in the Comprehensive Plan.

d. The rezone will not be materially detrimental to uses or property in the immediate

vicinity of the subject rezone; Again we refer to the specifics laid out in the

Comprehensive Plan Manual for the requested zoning under the “Natural Environment

Element:”

1. Goal NE V. Protect clean air and the climate for present and future

generations through reduction of greenhouse gas emissions, and

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promotion of efficient and effective solutions for transportation, clean

industries, and development.

2. NE1. Promote infill and concurrent infrastructure improvements in areas

that are already developed in order to preserve rural areas, open spaces,

ecological functions, and agricultural lands in the region.

e. The rezone has merit and value for the community; at a point in the future when the

property is developed under the guidelines of the requested zoning, the public will

benefit not only by the afore mentioned environmental element above, but economically

as well. Once more we quote from the Comprehensive Plan, under the “Economic

Development Element.”

1. ED9: Promote land use and urban design that allows for smart growth and

dense nodes of transit-supportive commercial activity to promote a self-

sustaining local economy.

2. ED12: Revitalize commercial business districts, and encourage high

density mixed-use in these areas.

3. ED21: Support public/private partnerships to facilitate or fund

infrastructure improvements that will result in increased economic

opportunity.

4. ED27: Develop a vision and strategies for creating dense mixed-use

nodes anchored by Aurora’s retail centers, including how to complement,

support, and connect them with mid-rise residential, office, and destination

retail buildings.

12

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Attachment 10- Notice of Application

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Attachment 11- Affidavit of Publication and Declaration of Mailing for NOA

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15

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Attachment 12- SEPA Comment Received July 12, 2018

Good afternoon Ms. Redinger,

As the historic preservation service provider for the City of Shoreline, our office is made aware of all

SEPA related projects in the city. I recently reviewed the SEPA checklist for this project, the rezoning

of 14511 and 14507 Stone Avenue N, from R-48 to MB. In our opinion, the preparer of the SEPA

Environmental Checklist erred in their answer to B.13.a when they suggested there were no buildings

on the site that are over 45 years old and eligible for listing in national, state, or local preservation

registers. In our opinion, the Linden II Apartments, constructed in 1964, are an intact, representative

example of a mid-century low-rise apartment building and may be eligible for listing as a City of

Shoreline landmark.

We realize this rezone doesn’t entail demolition of this potentially historic property, at present, but the

rezone would make the current use non-conforming, and the likelihood of the apartments being

replaced in the near future with larger, more commercial buildings is very high. We would encourage

your office to consider the possibility of a mitigated DNS in order to have the applicant prepare some

documentation on the history of the building, in order to determine whether it would be locally eligible

for landmark designation.

Thank you for this consideration, and don’t hesitate to contact me if you have further questions.

Sincerely,

J. Todd Scott, AIA

Preservation Planner/Architect

King County Historic Preservation Program | 201 S. Jackson Suite 700 | Seattle, WA 98104

206.477.4545 | todd.scott@kingcounty.gov | www.kingcounty.gov/landmarks

Like us on Facebook – King County Historic Preservation

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Attachment 13- SEPA DNS

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Attachment 14- Notice of Public Hearing

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Attachment 15- Mailing List

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Attachment 16- Declaration of Mailing

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Rezone Application PLN18-0019

Hearing Examiner Public Hearing

August 15, 2018

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Application/Project Description

• The applicant requests a rezone of two (2) parcels from Residential 48 units per acre (R-48) to Mixed Business (MB).

• No redevelopment is proposed as part of this application.

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Site Attachment B

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Vicinity Attachment B

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Zoning Designation Attachment B

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Comprehensive Plan DesignationAttachment B

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Critical Areas Map Attachment B

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Process History

• Neighborhood Meeting: June 2, 2018

• Complete Application Submitted: June 25

• Notice of Application: July 2

• Determination of Nonsignificance: July 19

• Notice of August 15 public hearing: August 1

Attachment B

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Decision Criteria

• Decision criterion that the Hearing Examiner must examine for a rezone is set forth in SMC 20.30.320(B). The City may approve, or approve with modifications, an application for a rezone of property if:

Attachment B

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1. The rezone is consistent with the Comprehensive Plan

LU9: The Mixed-Use 1 (MU1) designation encourages the development of walkable places with architectural interest that integrate a wide variety of retail, office, and service uses, along with form-based maximum density residential uses. Transition to adjacent single-family neighborhoods may be accomplished through appropriate design solutions. Limited manufacturing uses may be permitted under certain conditions.

Attachment B

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1. The rezone is consistent with the Comprehensive Plan

• Site location is near intersection of two transit corridors.

• Multiple Land Use, Community Design, Housing, and Natural Environment Goals and Policies support need for additional housing choice and mix of uses to support neighborhood-serving businesses and transit service.

Attachment B

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2. The rezone will not adversely affect the public health, safety or general welfare.

• Redevelopment would comply with current standards, including improved energy performance and storm-water requirements.

• Frontage improvements could implement updated 145th Street corridor design before City is able to devote capital project resources.

Attachment B

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3. The rezone is warranted in order to achieve consistency with the Comprehensive Plan.

• Current zoning (R-48) is not consistent with Mixed Use 1 designation, proposed zoning would achieve consistency.

– R-48 is an implementing zone for High Density Residential Comp. Plan designation

– Mixed Business is the implementing zone for MU1

Attachment B

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4. The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject rezone.

• Redevelopment that complies with current building, energy, and development codes and housing market trends would be unlikely to reduce value of neighboring properties.

• Redevelopment would support regional and local investment.

Attachment B

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5. The rezone has merit and value for the community.

• The potential for additional housing options near transit and retail, which complies with updated codes, upgrades sidewalks, and pays impact fees has merit and value for the surrounding neighborhood and the greater Shoreline community.

Attachment B

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Recommendation

Staff recommends approval of Rezone Application PLN18-0019.

Attachment B

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Next Steps

• Council Study Session- October 1, 2018

• Council Action- October 15, 2018

Attachment B

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Council Meeting Date: October 1, 2018 Agenda Item: 8(b)

CITY COUNCIL AGENDA ITEM CITY OF SHORELINE, WASHINGTON

AGENDA TITLE: Discussion of Ordinance No. 840 - Authorizing a One Year Extension to the Right-of-Way Franchise with Puget Sound Energy for the Distribution of Natural Gas Within the City

DEPARTMENT: City Manager’s Office PRESENTED BY: Christina Arcidy, Management Analyst ACTION: ___ Ordinance ____ Resolution ____ Motion _X_ Discussion ____ Public Hearing

PROBLEM/ISSUE STATEMENT: As per SMC 12.25.010, all utilities which use the City’s rights-of-way for operation and maintenance of their facilities are required to have a non-exclusive franchise with the City. The City’s existing non-exclusive right-of-way franchise with Puget Sound Energy (PSE) (Attachment A) for the distribution of natural gas within the City was passed by Council on October 9, 2017. SMC 12.25.080 limits all right-of-way franchise agreements to 15 years and the existing franchise agreement’s 1-year term will expire on October 31, 2018. While the City and PSE have been in discussions and negotiation for a new right-of-way franchise for many months, the new proposed franchise has not yet been finalized. Staff is concerned that there is not enough time to complete the negotiations for the new franchise and have the franchise routed through the City of Shoreline’s and PSE’s approval process before the expiration date of the current franchise on October 31, 2018. Proposed Ordinance No. 840 (Attachment B) would provide a one-year extension to the existing franchise agreement with PSE and would terminate October 31, 2019, or upon the effective date of a new franchise, whichever occurs first. All terms and conditions of the proposed one-year extension are unchanged from the existing franchise; only the term (length of the agreement) has been changed. The proposed one-year extension being discussed tonight would allow staff to negotiate a new long-term franchise agreement for natural gas service in the City. RESOURCE/FINANCIAL IMPACT: This franchise extension will have no financial impact to the City. The fees and taxes that the City currently receives from PSE will continue under this one-year extension of the existing franchise agreement.

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RECOMMENDATION No formal action is required at this time. Staff recommends that Council discuss the various aspects of the proposed ordinance granting this limited franchise extension and determine if there are any further questions or information that staff should bring back for Council consideration. Council is currently scheduled to consider adoption of proposed Ordinance No. 840 on October 15, 2018. Approved By: City Manager DT City Attorney JA-T

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BACKGROUND As per SMC 12.25.010, all utilities which use the City’s rights-of-way for operation and maintenance of their facilities are required to have a non-exclusive franchise with the City. The City’s existing non-exclusive right-of-way franchise with Puget Sound Energy (PSE) (Attachment A) for the distribution of natural gas within the City was passed by Council on October 9, 2017. SMC 12.25.080 limits all right-of-way franchise agreements to 15 years and the existing franchise agreement’s 1-year term will expire on October 31, 2018. While the City and PSE have been in discussions and negotiation for a new right-of-way franchise for many months, the new proposed franchise has not yet been finalized. Staff is concerned that there is not enough time to complete the negotiations for the new franchise and have the franchise routed through the City of Shoreline’s and PSE’s approval process before the expiration date of the current franchise on October 31, 2018.

DISCUSSION Proposed Ordinance No. 840 (Attachment B) would provide for a one-year extension to the existing franchise agreement with PSE. The terms of the proposed Franchise are identical to the utility’s current franchise agreement except for the term, which is extended by one year and would terminate October 31, 2019, or upon the effective date of a new franchise, whichever occurs first. New Franchise Agreement Consideration As the City and PSE must enter into a new Franchise Agreement, SMC Section 12.25.070 identifies the considerations the City should review when granting a Right-of-way franchise:

1. The applicant’s past service record in the city and in other communities 2. The nature of the proposed facilities and services 3. The proposed area of service 4. Whether the proposal would serve the public needs and the overall interests of

the city residents 5. That the applicant has substantially complied with the material terms of the

existing franchise 6. The quality of the applicant’s service, response to consumer complaints, and

billing practices 7. That the applicant has the financial, legal, and technical ability to provide the

services, facilities, and equipment as set forth in the application 8. The applicant’s proposal is reasonable to meet the future community needs and

interests, taking into account the cost of meeting such needs and interests Based on staff’s coordination with PSE and PSE’s history of operation in Shoreline over the years, staff is confident that PSE is in substantial compliance with the criteria identified in SMC Section 12.25.070 and this one year extension to the franchise should

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be granted when proposed Ordinance No. 840 is brought back for Council action on October 15, 2018.

RESOURCE/FINANCIAL IMPACT This franchise extension will have no financial impact to the City. The fees and taxes that the City currently receives from PSE will continue under this extension of the existing franchise agreement.

RECOMMENDATION No formal action is required at this time. Staff recommends that Council discuss the various aspects of the proposed ordinance granting this limited franchise extension and determine if there are any further questions or information that staff should bring back for Council consideration. Council is currently scheduled to consider adoption of proposed Ordinance No. 840 on October 15, 2018.

ATTACHMENTS Attachment A: Ordinance No. 798, Authorizing a One Year Right of Way Franchise with

Puget Sound Energy for the Distribution of Natural Gas within the City Attachment B: Proposed Ordinance No. 840, Authorizing a One Year Extension to the

Right-of-Way Franchise with Puget Sound Energy for the Distribution of Natural Gas within the City

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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Attachment A

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ORDINANCE NO. 840

AN ORDINANCE OF THE CITY OF SHORELINE, WASHINGTON EXTENDING AND RESTATING THE FRANCHISE GRANTED TO PUGET SOUND ENERGY BY ORDINANCE NO. 798 FOR A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, AND REPAIR A NATURAL GAS DISTRIBUTION SYSTEM IN, ACROSS, OVER, ALONG, UNDER, THROUGH, AND BELOW PUBLIC RIGHTS-OF-WAY OF THE CITY OF SHORELINE, WASHINGTON .

WHEREAS, on October 9, 2017, pursuant to RCW 35A.11.020, RCW 35A.47.040, and Chapter 12.25 SMC, the Shoreline City Council passed Ordinance No. 798 granting a one-year non-exclusive franchise for a natural gas distribution system within the public-rights-of-way of the City to Puget Sound Energy; and

WHEREAS, this one year non-exclusive franchise was granted to allow the City and Puget Sound Energy to complete negotiations on a new long-term franchise agreement; and

WHEREAS, despite this extension, the City and Puget Sound Energy are continuing to negotiate a franchise agreement and such negotiations may continue beyond the October 31, 2018 expiration date of the current franchise; and

WHEREAS, by providing a one-year extension of the Franchise granted by Ordinance No. 798, the City and Puget Sound Energy will be able to complete negotiations that benefit the residents of the City of Shoreline; and

WHEREAS, the City Council finds that it is in the best interests of the health, safety, and welfare of the residents of the City of Shoreline to grant a two-year non-exclusive franchise to Puget Sound Energy for a natural gas distribution system within the City rights-of-way to allow for productive negotiations to occur;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHORELINE DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 798 Amended. Ordinance No. 798, granting a non-exclusive

franchise to Puget Sound Energy, is hereby amended as follows: 3. Franchise Term. The amended and extended term of the Franchise granted hereunder shall be for the period of one (1) year from the last day of the calendar month in which this Ordinance becomes effective. Section 2. Terms and Conditions of Non-Exclusive Franchise Granted by Ordinance

No. 798 Remain the Same. Except as specifically provided in this Ordinance, the terms and conditions of the non-exclusive franchise granted to Puget Sound Energy by Ordinance No. 798 continue in full force and effect.

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Attachment B

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Section 3. Directions to City Clerk. The City Clerk is hereby authorized and directed to

forward certified copies of this Ordinance to Puget Sound Energy. No later than 11:59 pm PST, October 31, 2018, Puget Sound Energy shall accept in writing the extension authorized by this Ordinance and the continuation of the non-exclusive franchise granted by Ordinance No. 798. If Puget Sound Energy fails to provide written acceptance, this Ordinance shall become null and void.

Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City

Attorney, the City Clerk and/or the Code Reviser are authorized to make necessary corrections to this ordinance, including the corrections of scrivener or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references.

Section 5. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any person or situation.

Section 6. Publication and Effective Date. In accordance with state law, this Ordinance shall be published in full in the official newspaper. The cost of such publication shall be borne by Puget Sound Energy. This Ordinance shall take effect five days after publication. PASSED BY THE CITY COUNCIL ON THE ______ DAY OF __________________, 2018. ________________________ Mayor Will Hall ATTEST: APPROVED AS TO FORM: _______________________ _______________________ Jessica Simulcik-Smith Margaret King City Clerk City Attorney Date of Publication: , 2018 Effective Date: , 2018

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Attachment B

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