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HomeMy WebLinkAbout92-012 - Rabanco / City of Renton - Black River CDL Recycling and Transfer Station RECITALS MEMORANDUM OF AGREEMENT REGARDING RABANCO/BLACK RIVER CDL RECYCLING AND TRANSFER STATION P F b THIS AGREEMENT ("AGREEMENT is made and entered into this g day of January, 1992 by and between the City of Renton, a Washington municipal corporation "Renton and the City of Tukwila, a Washington municipal corporation ("Tukwila and Rabanco Regional Landfill Company a Washington corporation "Rabanco 1 WHEREAS Renton is an optional municipal code city of the State of Washington pursuant to RCW 35A, with the authority to regulate development under its land use, shorelines, building and other codes and the State Environmental Policy Act "SEPA and to manage streets and other public facilities within its jurisdiction, and 2. WHEREAS Rabanco is the developer of the project which is a subject of this Agreement, to wit, the Black River CDL Recycling and Transfer Station "CDL Station located in Renton, Washington, which property is legally described on the attached Exhibit and 3 WHEREAS the subject property is a 13.5 acre site primarily located within Renton with portions of the subject property withinthe boundaries of Tukwila and King County and 4 WHEREAS the subject property is designated for Light Industrial (L -1) land uses on the City of Renton Zoning Map and the City of Renton has determined that the proposed land use is a permitted land use within this zone and 5 WHEREAS the proposed CDL Station with associated facilities and site preparation formed the basis for the City's final environmental review, and the preliminary site plan and elevations are attached hereto as Exhibits A and B and by this reference incorporated herein (these site plans and the proposed development depicted therein referred to together hereinafter as the Project the preliminary site plan and elevations may be amended in the future with the approval of Renton in order to reduce or mitigate the impacts of the proposed development; and 6. WHEREAS the City of Renton, in a close working relationship with the City of Tukwila, has prepared a Final Environmental Impact Statement "FEIS which was issued in August 1991 and an Environmental Mitigation Document which was issued by the City's Environmental Review Committee "the ERC in November 1991 (together "ERC Document which ERC Document included the comments received from the City of Tukwila as well as comments received from the public and also contained mitigation conditions applicable to the Project; and 7 WHEREAS the City of Tukwila appealed the ERC Document, on December 2, 1991 to the City of Renton Hearing Examiner Hearing Examiner") and 8 WHEREAS Renton has consulted with the representatives of the Parties involved in the appeals noted above regarding how best to clarify the mitigation measures identified within the ERC documents and 9 WHEREAS the City of Renton City of Tukwila, and Rabanco have agreed 1) to review noise complaints and to determine the parameters of the noise analysis required by the City of Renton 2) work with the U S Army Corps of Engineers to identify additional potential wetland areas 3) clarify and refine the wetland monitoring program 4) review the hours of operation and monitor the noise mitigation program and 10 WHEREAS the Parties involved each believes that it would prevail in its position and assertions regarding the above described appeals and the City of Renton believes it would prevail in defense of the FEIS and ERC Document, and each of the Parties believes it would prevail in any subsequent litigation regarding this matter but at the same time has given due consideration to the clarification of the issues and the new information outlined above the unavoidable delays and hazards of these appeals and the expenses connected thereto and has recognized desirability of terminating this appeal on the subject property without further expense and litigation, and 11 WHEREAS the Parties wish to ensure that the proposed project complies with the Code requirements and standards established at the time that the Project was approved by the City of Renton and 2 12. WHEREAS Tukwila is extremely concerned that the noise generated from the proposed Project could exceed the limits established by ordinance but, nevertheless, in order to settle these disputes, Tukwila has agreed to drop their appeal of the ERC Document and the FEIS based on the terms and conditions hereof and Tukwila agrees not to oppose other governmental approvals, that are consistent with this agreement and the ERC Document, required for the construction of the Project such as the shoreline permits special fill and grade permits and building permits for the Project, as further set forth in this Agreement. NOW THEREFORE, IN CONSIDERATION of mutual promises and agreements contained herein the legal sufficiency of which is hereby acknowledge by the Parties on behalf of themselves, their officers, directors and Tukwila and Renton hereby agree as follows with the intent that each is legally bound II ENVIRONMENTAL MITIGATION CONDITIONS A. Mitiaation Conditions Controlling. 1 The Mitiaation Conditions contained herein are for the Purpose of clarifvina and addina to the conditions in the Mitiaation Document and are considered Final In the case of a conflict between the Mitiaation Measures contained within the Mitiaation Document and the Mitiaation Conditions contained herein. such as the hours of operation. the Mitigation Conditions shall prevail Renton agrees that the environmental mitigation conditions listed in Section II of this Agreement will clarify and in the case of conflicts will supersede the ERC Document and taken together the documents will constitute the environmental mitigation measures for the Project. Renton and Tukwila agree that the these mitigation measures will fully mitigate all environmental impacts from the Project as it is currently proposed and that no further mitigation is necessary or appropriate with regard to the subject matter of this Agreement notwithstanding future mitigation as set forth in Section II.A.2.a below The City Departments agree to recommend imposition of these Mitigation Measures and Conditions or to impose them. Renton also agrees to impose no further mitigation conditions with respect to the subject matters addressed in the Mitigation Measures and Mitigation Conditions, on all approvals required for the construction and operation of the Project, except as provided in Section II.A.2 below 2. Relationship of Mitiaation Conditions to Reauired Permits and Approvals. a. Other Permits and Approvals Reauired The Parties recognize that in addition to the environmental approval embodied by the ERC Document and the Mitigation Conditions, Rabanco is required to obtain other permits and approvals, such as a shoreline permit and construction permits. In that regard this Agreement acknowledges that more specific mitigation may be required by these permits in that they may cause a modification to the site plan as described in the ERC Documents. The Parties agree that Tukwila shall be informed by Renton and have a fifteen days to review and comment on these applications prior to the issuance of the permits by the City of Renton. b Additional Conditions to Be Consistent With Mitiaation Conditions. The Parties desire to have as much certainty as possible regarding the conditions for the Project and hereby state their intent that the conditions of the permits and approvals for the Project will not conflict with materially enlarge or modify the Mitigation Conditions herein. To that end, Renton agrees that it will only impose additional conditions to the Mitigation Conditions on the Project which do not conflict with, enlarge or modify the Mitigation Conditions unless such conflict, enlargement or modification is explicitly mandated by a Renton ordinance in existence on the date of this Agreement other than the Environmental Review Ordinance or as otherwise provided for in this Agreement. The Parties also recognize that while they wish to bind themselves as much as possible, this Agreement cannot legally bind a future Renton City Council and that it cannot bind quasi judicial decisionmakers regarding permits and approvals for the Revised Project. 3 Proiect to Substantially Comply with Mitiaation Conditions and the ERC Documents Rabanco agrees that its application for shoreline permit and other approvals required for development pursuant to this Agreement will be for a project that is revised to substantially conform to all of the Mitigation Conditions of this Agreement and the ERC Document, provided that substantially conform means that Rabanco may make minor adjustments" to the Project, "minor adjustment' defined herein as any change that is less than a major adjustment' as defined below "Minor Adjustment which Minor Adjustment shall also be within the terms and spirit and intent of this Agreement, without written consent of the parties. 4 Modification to Proiect Reauire Agreement. If Rabanco desires to make a major adjustment to the Project, which major adjustment" is defined herein to be a substantial change in the Project, or an increase in the total square footage of the building or site area as described in the ERC Document, Rabanco must first obtain written permission from Renton Planning staff Such "major adjustment' to the Project may require additional environmental review which Renton agrees to perform in accordance with the SEPA guidelines and the Renton Environmental Review Ordinance Prior to the issuance of permits for any amendment to the Project which Renton considers to be a "major adjustment' Tukwila shall be informed by Renton and have a fifteen day review and comment period Any comments received from Tukwila within this period shall be considered by the City of Renton in any conditions attached to the permits B Conditions Reaardina Tukwila Permits. Potential Wetland Area. Wetlands Monitorina. Hours of Operation. and Noise Monitorina 1 Tukwila Permits. The proposed development does not require any development or other permits from the City of Tukwila. In the event that any modifications to the proposed development make a change that would require any permits from Tukwila, Rabanco agrees to submit the necessary documents and make the necessary applications. Tukwila agrees to process that application in an expeditious manner in order to not unduly delay the proposed development. As a courtesy to Tukwila, Rabanco shall submit, concurrent with the submittal to Renton copies of the same fill /grade and drainage plans to Tukwila with an opportunity for a courtesy review of the same plans. Renton agrees to take under advisement any reasonable comments provided by Tukwila regarding the quantity and quality of the storm flows into the approvals issued by Renton. 2. Identification of Potential Wetland Area. In order to provide further opportunity for analysis of the existence of wetlands, the area of the Rabanco plans which are labeled settling pond' shall on an interim basis be considered a study area. This area is reflected as "Study Area on the map attached as Exhibit The study area shall include, on an interim basis, a one hundred foot (100') wide setback area. The Parties hereto agree to abide by the conclusion of the U S Army Corps of Engineers ("Corps in its determination of whether the study area includes wetlands. In the event that wetland areas are found within the study area resulting in the need for a setback area, the setback area may be used to accommodate any replacement wetland area as will as all required buffers Any replacement area required which might otherwise exceed the one hundred foot setback shall not be required and shall be substituted with enhancement of the buffer area instead at the discretion of the City of Renton Upon the final conclusion of the Corps and the establishment of the final setback and buffer area, the development plans shall be revised and only that portion of the study area affected by the conclusion of the wetland analysis shall be restricted in any way The final wetland and buffer area shall be established in a manner consistent with the policies and regulations of Renton 3 Wetland Monitorina Proaram In the event that wetland areas are concluded by the Corps to exist in the study area, this wetland shall be included in the wetland monitoring program as identified in the Mitigation Document to be established by the City of Renton in conjunction with the appropriate state and federal agencies. The monitoring program may include the following elements. a. Pre development soil sampling at the biofiltration swale site water /soil sampling and a plant /animal baseline inventory at the wetlands. b Semi annual sampling /monitoring of the biofiltration swale and wetlands areas for changes to pre development conditions for the first five years of operations. The monitoring shall be conducted by a consultant approved by the City of Renton with all costs being born by Rabanco as identified in the Mitigation Document. c Any adverse impacts which are identified as a result of the monitoring shall be immediately mitigated by Rabanco once a mitigation plan is agreed upon by Renton. Additional monitoring shall also be instituted to establish the effectiveness of mitigating actions and the absence of secondary adverse impacts. 4 Noise Mitiaation Proaram Rabanco Tukwila, and Renton shall establish a committee to resolve noise issues regarding the proposed project (hereafter referred to as the Committee The Committee shall be composed of three members, one member from Rabanco one member from Tukwila City staff, and one member from Renton City staff the members shall be selected by their respective City with Rabanco selecting its own member The Committee shall meet within five months of the start of operation with the noise consultant, selected by the City of Renton The purpose of the Committee shall be. 1) to discuss any noise complaints that have been received 2) discuss the parameters of the proposed noise study with the consultant, including frequency of the testing and location of the noise monitoring stations, (see note below) and 3) to review the abatement measures, if any, proposed by the noise consultant. The budget for the noise study shall be the $25 000 00 established as part of Mitigation Measure #19 in the Mitigation Document. The Committee shall be reconvened within six months of the issuance of the occupancy permit for any cumulative material expansion which shall be considered any expansion to the Project equal to twenty -five percent (25 or more of the gross floor area of the process building described in the EIS Document. The purpose of the Committee at this time will be to review any noise nuisance complaints received since the expansion of the Project and to advise Renton as to any future actions the Committee may feel are necessary Funding for such improvements may be paid from any unspent funds in the surety device identified and called for in Item 19 of the Mitigation Document. In the event that there is a dispute over the recommendations which cannot be resolved by the Committee the City of Tukwila s Community Development Director and the City of Renton s Administrator of Planning /Building /Public Works "the Directors will apply their best efforts to resolve disputes and other matters between the Committee members arising out of or related to noise nuisance and /or the proposed noise study Each of the Directors shall consult with their responsible staff members and officials regarding existing requirements and /or other policies and procedures before attempting to resolve the dispute. If the Directors are unable to resolve a matter within fifteen (15) days of the time such matter is properly referred to them, the Directors shall request the Mayor of Tukwila and the Mayor of Renton to resolve the dispute subject to applicable statutory permit requirements, policies or procedures. The management of Rabanco may also request that one of the Directors refer an issue to the Mayors for resolution. The Mayors may call upon the Committee or the Directors for assistance The final decision shall be established in a manner consistent with the policies and regulations of Renton. All parties (City of Tukwila, Rabanco City of Renton) agree that these procedural steps shall be the sole mechanisms to resolve this dispute. Note Noise measurements taken as part of this study in Tukwila will be compared to the maximum levels allowed in Tukwila as of the date the Final EIS was issued 5 Hours of Ooeration. The hours of operation shall be 8 00 a.m. to 8 00 p m Monday through Friday and 8 00 a.m. to 6 p m. on Saturdays and the facility shall be closed on Sunday's and major National Holidays (e g. New Years, Christmas, July 4th, Thanksgiving) Rabanco agrees to abide by the night noise level standards from 8 a.m. to 10 a.m. and from 4 p m. to 6 p m. on Saturdays. In the event that the maximum allowable noise levels as established by Renton or Tukwila noise regulations as applied in the respective jurisdictions, as of the date of the Final EIS, are routinely exceeded by Rabanco s operation, Renton shall have the discretion to shorten the hours of operation in the event that Rabanco is unable to mitigate the noise impacts and bring the noise levels within the standards of the Renton and Tukwila regulations, as of the date of the Final EIS within thirty (30) days of implementing a noise mitigation program III General Provisions A. Entire Aareement Included, Modification This Agreement and the attached exhibit contain the entire agreement between the Parties with respect to the subject matter hereof and shall not be modified or amended in any way except in writing signed by the duly authorized representatives of the Parties or their successors in interest. 7 B Dispute Resolution The Parties to this Agreement agree to in good faith attempt to resolve among themselves disputes which may arise under this Agreement. C Aareement to Bind Successors This Agreement is intended to be and shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties and upon any and all purchasers of the real property which is subject of this Agreement. The benefits and burdens upon the Parties created by this Agreement shall be and create a covenant upon and shall run with and be appurtenant to the real property which is subject of this Agreement. D Stipulated Dismissal of Hearina Examiner Appeal Upon execution of this Agreement, the Parties agree to execute and file with the Hearing Examiner the stipulated dismissal of appeals( "Stipulated Dismissal in the form attached hereto as Exhibit and by reference incorporated herein. The Parties agree that they shall sign deliver and file the Stipulated Dismissal the same working day as the execution of this Agreement or within one working day thereafter E. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. F Effect of Recitals, Headings The recitals set forth in Section I above are a material part of this Agreement and are fully incorporated in its terms. The headings and subheadings contained in this Agreement are solely for the convenience of the parties The headings and subheadings are not part of this Agreement and are not to be used in construing this Agreement. G Severabilitv In the event that any provision of this Agreement shall, for any reason, be determined to be invalid illegal or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications or supplements of or to this Agreement or such actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein The other provisions of this Agreement shall remain in full force and effect. H Authority to Bind The signatories hereto represent and warrant that they have the authority to bind their respective organizations or corporations. EXECUTED this; -5 day of'Ud cJfw City of ton a Washington municipal corporation By Earl Y mer Mayor ATTEST By City Clerk APPROV ii AS TO FO By ATTEST By Its City Attorney By City of Tukwila,a Washington m icipal corporation ohn Rants ilayor ff By City Clerk Rabanco ional Landfill,Company 9