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Home My WebLink AboutReport 01`t r* Paul Witt 617 S 53rd Place Renton, WA 98055 tel: (206) 999-4002 (party of record) Steve Beck Amberwood LLC 4735 NE 4th Street Renton, WA 98059 tel: (425) 444-0461 (applicant) Michael Link 19249 98th Place S Renton, WA 98055-6348 (party of record) Steve McNamee 701 S 52nd Street Renton, WA 98055 tel: (425) 254-9590 (party of record) PARTIES OF RECORD Wilson Park Preliminary Plat LUA09-140, PP, ECE Ravinder &. Jasbir Aluwalia 730 S 55th Street Renton, WA 98055 tel: (425) 277-3013 (party of record) Robert Wilson 21703 60th Street E Lake Tapps, WA 98391 tel: (253) 862-7285 (owner) Quang Dang & Kim Duong 623 S 53rd Place Renton, WA 98055 tel: (425) 917-9733 (party of record) Shupe Holmberg Baima & Holmberg Inc. 165 NE Juniper Street ste: #201 Issaquah, WA 98027 tel: (425) 392-0250 eml: shupe@baimholmberg.com (contact) Robert Thomas 18833 102nd Avenue SE Renton, WA 98055 tel: (425) 255-5129 (party of record) Khanh Nguyen 616 S 53rd Place Renton, WA 98055 tel: (425) 271-3691 (party of record) Updated: 03/09/10 (Page 1 of 1) rt f as k�4 as s IV e . / .W PS OP iS .P.^'.^IS .a x w .Po sL �. 3dE9 P p lit 1� g] x a "sa- -_ -- nip, iw ar- R R a " Funora e a' v� x 5 — I � I C I I tn Z O 4 l Z LliLU LL Z OWN 55]] 8 LL W O I I W c lb r " ' NIdYJ ONY 9N10Y!!J •.._ n.a .a uoisvaa ox ioa-4"Z IYfllddoNOo/iou"oo -- 3JYNIYNO/83111111li 03211YH3N3"� `° ° ° `" ` ' • `"" �l{,�4WI�N•4 APB ew u.o )lVVd NOSIUN—Ytxas- w c� g�"oY [ L� aiyi Wt w ►n Z M O G O - - y� -- ----- - C7 w O s . 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"Chip" Vincent, Administrator Robert Wilson 21730 601h Street East Lake Tapps, WA 98391 Via email: doravin comcast.net SUBJECT: Expiration Dates for Wilson Park 1 & 2 Preliminary Plats (LUA 09-140, PP, and LUA 12-013, PP, PUD) Dear Mr. Wilson, You have requested a letter from the City indicating the period of validity for the Wilson Park 1 Preliminary Plat (LUA09-140) and the Wilson Park 2 Preliminary Plat and Planned Urban Development (PUD) (LUA12-013, PP, PUD). Wilson Park 1, Renton Municipal Code allows for a period of validity of 5 years for Preliminary Plats. However, the Washington State Legislature approved an extension to the period of validity to seven (7) years for plats approved on or after January 1, 2008 and before January 1, 2015, Wilson Park 1 Preliminary Plat was approved by the Hearing Examiner on August 16, 2010 and because of the extension provided by the Washington State Legislature, was valid for a total of seven (7) years, until August 16, 2017. In addition, the applicant requested a one-time one- year extension to the preliminary plat, as provided for in Renton Municipal Code. This extension for Wilson Park 1 was granted on July 26, 2015. Therefore, Wilson Park 1 Preliminary Plat is valid for a period of eight (8) years and will expire on August 16, 2018. Wilson Park 2. Renton Municipal Code allows for a period of validity of 5 years for Preliminary Plats, and allows for applications submitted with the preliminary plat to expire at the same time as the preliminary plat. In addition, the Washington State Legislature approved an extension to the period of validity to seven (7) years for plats approved on or after January 1, 2008 and before January 1, 2015. Because the Wilson Park 2 Preliminary Plat and PUD was approved by the Hearing Examiner on July 5, 2012, both approvals are valid for a total of seven (7) years, until July 5, 2019. The Final Plat and Final PUD must be submitted prior to the expiration of the preliminary approvals. Please also note that the Renton Municipal Code allows for the applicant to request an additional one- year extension if requested at least 30 days prior to expiration and provided the applicant demonstrates that he/she has attempted in good faith to submit the final plat within the approved time period, If you have further questions, please feel free to contact me at 425-430-7286 or ihenning(@rentonwa.gov. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov December 12, 2016 Page 2 Sincerely, JenniferT. Henning, AICP Planning Director cc: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Vanessa Dolbee, Current Planning Manager Jan Illian, Plan Reviewer C.\UserslsmirantelAppData\LceaWicrosoftlWindows%Temporary Internet Files\Content.Outlook1L40R7PIDMIson Park 1 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Denis Law Mayor June 29, 2015 Bob Wilson 21703 601h Street E Lake Tapps, WA 98391 City of � C� t, 6 F • -' Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: WILSON PARK DIV 1 PRELIMINARY PLAT (LUA09-140, PP, ECF) Dear Mr. Wilson, This office has reviewed your request (June 8, 2015) to extend an approved preliminary plat (File No. LUA09-140) pursuant to RMC 4-7-080L. Specifically, the municipal code allows the Administrator to issue a single one (1) year extension. Additional extensions may be granted by the Hearing Examiner in one (1) year increments. As the decision was issued on August 16, 2010, your request of June 8tn was timely. Therefore, your request is reasonable. You should be aware this office is empowered to issue only one such extension. Additional extensions may be granted by the Hearing Examiner in one (1) year increments. If a final plat is not submitted by August 16, 2018, it will expire unless an additional extension is granted by the Hearing Examiner. Therefore, your preliminary plat approval extension request is approved. The preliminary plat will expire on August 16, 2018. Please feel free to me at (425) 430-7286 should you have any further questions or comments regarding this extension. Sincerely, s Jennifer Henning, AICP Planning Director cc: Jill Ding, Seniof Planner Project File Renton City Hall - 1055 South Grady Way - Renton, Washington 98057 - rentonwa.gov Denis Law City Of Mayor IlkAIF ..�� N t City Clerk - Bonnie LWa{ton August 17, 2010 Robert Wilson 21703 60th St. E. Lake Tapps, WA 983§1 Re: Wilson Park. Preliminary Plat; LUA-09-140, PP, ECF 720 S. 55th St. Dear Mr. Wilson: At the regular Council meeting of August 16, 2010, the Renton City Council adopted the recommendation of the Planning and Development Committee approving the referenced preliminary plat with modifications, and adopting amendments to the Hearing Examiner's findings, conclusions, and recommendations. A copy of the approved Committee report is enclosed. Pursuant to RCW, a final plat meeting all requirements of State law and Renton Municipal Code shall be submitted to the City for approval within five years of the date of preliminary plat approval For additional information or assistance, contact City Clerk Bonnie Walton. Sincerely, PasonSeth Deputy City Clerk Enclosure cc: Mayor Denis Law Council President Don Persson Neil Watts, Development Services Director Parties of Record (11) 1055 South Grady Way, Renton, Washington 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov APPROVED BY CITY COUNCIL. PLANNING fir. DEVELOPMENT COMMITTEE COMMITTEE REPORT August 16, 2010 Wilson Park Preliminary Plat Appeal LUA 09-140, PP, ECF (Referred June 28, 1010) The Planning & Development Committee recommends.'that the full Council find that the Wilson' Park Preliminary Plat be'approved with 12 lots, with the 12th lot being designed.as'proposed in the Applicant's..recl6est for reconsideration, shifting the building area to the east and reducing the size of the retaining walls. - The Planning &. Development Committee further recommends that the Council adopt amendments to the Nearing Examiners findings, conclusions and. -recommendations as follows: • Finding 14 should be amended to read: "The tree inventory showed 101 significant trees on.the subject site. Code.requires the retention of 25 trees whereas the applicant proposes retaining 24 trees. The replacement ratio is six (6) trees for each one removed that should .have been retained. Six new trees would be planted mainly in the open space corrido- rs." • Finding 16 should be amended by adding a sentence that reads: "The revised plan submitted with'the request for reconsideration would move this open space area to the western portion of Lot 12, adjacent to lots in the Geneva Court Plat." • Finding 29 should be renumbered as Finding '19, and should be amended to read: "The revised plan submitted with the request for reconsideration substantially reduced the wall to approximately 6-S feet in height and moved the location of the wall away from the Geneva Court property lines." • Conclusion 1 should be amended to read: "The Wilson Park Preliminary Plat with Lot 12 designed as proposed in the Applicant's request for reconsideration appears to serve the public use and interest." • Conclusion 2 should be. amended by substituting the word "twelve" for the word "eleven" when referring to the number of lots in the preliminary plat. • Conclusion 5 should be stricken in its.entirety. Wilson Park Preliminary Plat Appe August 16, 2010 Page 2 + The Recommendation section should be altered bychangingthe introductory sentence .to read: "The City Council should approve a TWELVE LOT plat of the subject site subject to the following conditions:" • Recommendation 3 should be amended by-substitutingthe following language for the first sentence thereof. "A Native Growth. Protection Easement; (NGPE) should be -recorded over. the western portion of proposed Lot 12, as shown in the revised plan submitted with the. request for reconsideration, and Tracks B, C and D." The remainder of Recommendation 3 should remain as drafted. • Recommendation 5 should be amended to read: "The applicant shall establish a Homebwners' Association for the maintenance of the NGPE and the stormwater vault and each home shall have an undivided interest in the western retaining wail and the retaining walls associated with time road. The appropriate documents shall be reviewed and approved by the —Planning Division project. manager prior to the recording of the final plat." Terri Briere, air King Park r, VQethair Rich Zwicker, Membe J., Qom=ecw�erva�c�c>Y >c=D��caa�o z'S y Y N.E Z, E o�i.El � y ►�Z''AG7E�-� �b'� a v c� rS w� = o xa wF�"O�d�z— � �� ,� y o�? � � y `� m ° aW a.a� " von; �cCi� Z+� �.�•E b0c� p�C�eo E EAo-C �3=a o'� Q C a ccD 0O�GwW xaZ'> o c� �� C �'o� o 0 0� 3b[j9 �,b,U•�v�`' � m�U� w E � ��.Ery iE�inOr] c 3 o a h moo cN.E �Q E �Q co�`� o "ems o� °.�. yc e�.G °—.d �eU i a �.c0._ -'ram n°o.�m�' o mbW aq c�ti bb ao U e e r u❑ FV�v-a.�Qaa xQ o 3ia WrnOC h = Qzs o ,•.t111I1I ` j n,lrr, r111 Lu F� S . r. a; RENTON CITY COUNCIL Regular Meeting August 16, 2010 Council Chambers Monday, 7 p.m. M I N U T E S Renton -City Hall CALL TO ORDER Mayor Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; MARCIE PALMER; GREG TAYLOR; RICH COUNCILMEMBERS ZWICKER; TERRI BRIERE. MOVED BY ZWICKER, SECONDED BY PALMER, COUNCIL EXCUSE ABSENT COUNCILMEMBERS RANDY CORMAN AND KING PARKER. CARRIED. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ZANETTA FONTES, Assistant City Attorney; JASON SETH, Deputy City Clerk; ALEX PIETSCH, Community and Economic Development Administrator, GREGG ZIMMERMAN, Public Works Administrator,- PETER RENNER, Facilities Director, CHIP VINCENT, Planning Director; LESLIE BETLACH, Parks & Natural Resources Director; FIRE AND EMERGENCY SERVICES ADMINISTRATOR MARK PETERSON and EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM, Fire & Emergency Services Department; COMMANDER FLOYD ELDRIDGE, Police Department. PROCLAMATION A proclamation by Mayor Law was read declaring the month of September, Ready in Renton Month - 2010 to be "Ready in Renton Month" in the City of Renton, and encouraging all September 2010 citizens to prepare their homes, businesses, and community for any type of emergency. MOVED BY TAYLOR, SECONDED BY BRIERE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Emergency Management Director Deborah Needham accepted the proclamation with appreciation and thanked City officials for focusing on emergency management preparedness issues. She announced that all fire stations, except Station 14, will be open to the public on September 11, 2010 for emergency management training. SPECIAL PRESENTATION Fire and Emergency Services Administrator Mark Peterson described an Fire: Citizen Recognition incident that occurred at Gene Coulon Memorial Beach Park on July 31, 2010. He recognized five citizens, nominated by Captain John Hettick, for their efforts to help rescue a gentleman who collapsed and fell into the water: Chris Coates, Faisal Jaswal, Felix Osorio, Emmanuel Predad, and an anonymous bystander. Chief Peterson also presented a message from the victim's wife in which she expressed her extreme gratitude to these citizens who helped her husband. APPEALS Planning and Development Committee Chair Briere presented a report Planning &„Development recommending that the full Council find that the Wilson Park Preliminary Plat Committee 1 be approved with 12 lots, with the 12th lot being designed as proposed in the Appeal: Wilson Park Applicant's request for reconsideration, shifting the building area to the east Preliminary Plat, Wilson, PP- 1 and reducing the size of the retaining walls. The Committee further 09-140 recommended that the Council adopt amendments to the Hearing Examiner's j findings, conclusions and recommendations as follows: PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT August 16, 2010 Wilson Park Preliminary Plat Appeal LUA 09-140, PP, ECF (Referred June 28, 2010) APPROVED BY CITY COUNCIL Cate The Planning & Development Committee recommends that the full Council find that the Wilson Park Preliminary Plat be approved with 12 lots, with the 12th lot being designed as proposed in the Applicant's request for reconsideration, shifting the building area to the east and reducing the size of the retaining walls. The Planning& Development Committee further recommends that the Council adopt amendments to the Hearing Examiner's findings, conclusions and recommendations as follows: • Finding 14 should be amended to read: "The tree inventory showed 101 significant trees on the subject site. Code requires the retention of 25 trees whereas the applicant proposes retaining 24 trees. The replacement ratio is six (6) trees for each one removed that should have been retained. Six new trees would be planted mainly in the open space corridors." • Finding 16 should be amended by adding a sentence that reads: "The revised plan submitted with the request for reconsideration would move this open space area to the western portion of Lot 12, adjacent to lots in the Geneva Court Plat." • Finding 29 should be renumbered as Finding 19, and should be amended to read: "The revised plan submitted with the request for reconsideration substantially reduced the wall to approximately 6-8 feet in height and moved the location of the wall away from the Geneva Court property lines." • Conclusion 1 should be amended to read: "The Wilson Park Preliminary Plat with Lot 12 designed as proposed in the Applicant's request for reconsideration appears to serve the public use and interest." • Conclusion 2 should be amended by substituting the word ."twelve" for the word "eleven" when referring to the number of lots in the preliminary plat. 0 Conclusion 5 should be stricken in its entirety. r Wilson Park Preliminary Plat Appea August 16, 2010 Page 2 • The Recommendation section should be altered by changing the introductory sentence to read: "The City Council should approve a TWELVE LOT plat of the subject site subject to the following conditions:" • Recommendation 3 should be amended by -substituting the following language for the first sentence thereof: "A Native Growth Protection Easement (NGPE) should be recorded over the western portion of proposed Lot 12, as shown in the revised plan submitted with the request for reconsideration, and Tracks B, C and D." The remainder of Recommendation 3 should remain as drafted. Recommendation 5 should be amended to read: "The applicant shall establish a Homeowners' Association for the maintenance of the NGPE and the stormwater vault and each home shall have.an undivided interest in the western retaining wall and the retaining walls associated with the road. The appropriate documents shall be reviewed and approved by the Planning Division project manager prior to the recording of the final plat." Terri Briere, air King Park r, e-Chair Rich Zwicker, Membe UL, �/t 4 Cc 4 f Je VI VI i e +� r P"-V/":, S 5 C Y June 28, 2010 Renton City Council Minutes Page 201. Appointment. Airport Advisory Mayor Law reappointed the following individuals to the Airport Advisory Committee Committee for three-year terms expiring 5/7/2013: Lee Chicoine (North Renton Neighborhood, primary); Ben Johnson (North Renton Neighborhood, alternate) Robert Ingersoll (Airport Leaseholders, alternate); Diane Paholke (Airport -at -Large, primary); and Todd Banks (Airport -at -large, alternate). Council concur. Latecomer Agreement: Jones, City Clerk submitted request from Wm. Wayne Jones, Jr., Classic Concepts V, Classic Concepts V, LA-10-001 LLC, for a latecomer agreement for sanitary sewer extension in the vicinity of SE 2nd Pl. and SE 2nd St_, west of Hoquiam Ave. NE. Refer to Utilities Committee_ Appeal: Wilson Park City Clerk reported appeal of Hearing Examiner's decision regarding the Wilson Preliminary Plat, Wilson, Park Preliminary Plat by Robert Wilson, accompanied by required fee. Refer to PP-09-140 Planning and Devela ment Committee. CED: 2010 Budget Community and Economic Development Department requested authorization Amendment, Clean Economy to amend the 2010 Budget to allocate $3S,000 from the unallocated reserve Strategy fund for the "Clean Economy Strategy" project. Refer to Finance Committee_ CED: 2010 Lodging Tax Community and Economic Development Department recommended approval Allocation, Marketing Video of the Renton Lodging Tax Advisory Committee recommendation to allocate $65,000 of unallocated Lodging Tax Fund reserves to develop a new marketing video. Council concur. CAG: 09-084, Seismic Retrofit Community Services Department submitted CAG-09-084, Seismic Retrofit of of Fire Station #11, Landon Fire Station #11; and requested approval of the project, authorization for final Construction Group pay estimate in the amount of $23,536.54, commencement of a 60-day lien period, and release of retained amount of $32,203.91 to Landon Construction Group, contractor, if all required releases are obtained. Council concur. Community Services: Amend Community Services Department recommended concurrence in the Park Park Rules & Regulations, Trail Commissioners' recommendation to amend existing Park Rules and Regulations Safety regarding trail safety. Council concur. (See page 204 for ordinance.) Finance: Police In -Car Video Finance and Information Services Department recommended approval of a Systems, Coban Technologies contract in the amount of $214,756.88 with Coban Technologies to equip 30 police vehicles with in -car video systems_ Refer to Finance Committee. Police: Wireless Device Use Police Department recommended amending City Code to add a new section While Driving entitled "Wireless Communication Device Use," and to add by reference State law regarding the use of wireless devices while driving. Council concur. (See page 203 for ordinance.) Public Works: Cascade Public Works Department recommended adoption of a resolution declaring an Interceptor Repair, Declaring emergency for the purpose of repairing the Cascade Interceptor at Royal Hills an Emergency Dr. SE. Council concur_ (See page 203 for resolution.) Public Works: Electric Hybrid Public Works Department recommended acceptance of grant funds in the Vehicle Purchase, Puget Sound amount of $114,289 from the Puget Sound Clean Air Agency for the purpose of Clean Air Agency Grant purchasing three electric hybrid vehicles in 2011. Refer to Finance Committee. Lease: Addendum, AirO Inc, Transportation Systems Division recommended approval of an addendum to LAG-03-002 airport lease JAG-03-002, with AirO, Inc., to defer rent payments and late fees to 8/31/2010 in exchange for a significant penalty and collateral. Refer to Transportation Aviation Committee. CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appeal of Hearing Examiner's April 1, 2010 decision regarding the Wilson Park Preliminary Plat, 720 5 55th St (LUA-09-140 PP, ECF) Meeting: Regular Council - 28 Jun 2010 Exhibits: Submitting Data: Dept/Div/Board: Response to appeal notice - Witt/Duong (6/17/2010) Executive City Clerk's notification letters (6/7/2010&6/21/2010) Appeal filed by Robert Wilson (6/1/2010) Response to Request for Reconsideration Staff Contact: (5/18/2010) Bonnie I. Walton, City Clerk, x6502 Request for Reconsideration (4/6/2010) Hearing Examiner's Report & Decision (4/1/2010) Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ NIA City Share Total Project: $ N/A SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the Wilson Park Preliminary Plat, 2.5 acres located at 720 S 55th 5t., was filed on June 1, 2010 by Robert Wilson, accompanied by the required $250 fee. Preliminary Plat Applicant/Contact: Jay Derr, GordonDerr LLP Preliminary Plat Owner: Robert Wilson STAFF RECOMMENDATION: Take action on the Wilson Park Preliminary Plat appeal and determine approval of the preliminary plat as recommended by the Hearing Examiner. June 16, 2010 Ms. Bonnie Walton, City Clerk City of Renton 1055 South Grady Way Renton, WA 98057 CITY OF RENTON JUN 1 7 2010 CITY CLERKS OFFICE RE: Appeal of Hearing Examiner's decision regarding the Wilson Parr Preliminary Plat application, located at 720 S. 55ti' Street. (File No. LUA09-140, ECF, PP ) Ms. Walton: Thank you for the opportunity to provide written comments on the above appeal. As owners of property adjacent to the subject site (located directly below/west of the site), we have an interest in insuring negative impacts are avoided and appropriate measures are taken in the possible development of this site. We became Parties of Record for this application last year, submitting written comments in November of 2009 and attending the Hearing held by the Examiner in March of 2010. While we were informed of the Hearing Examiner's final decision on this application, we were not informed as a Party of Record of the request for reconsideration or the Hearing Examiner's denial of that request. When we recently received notice of the Appeal to City Council on this matter, we were at a disadvantage in that we did not have the information contained in the request for reconsideration submitted by the applicant. We were able to obtain a copy of the letter of request for reconsideration from the Clerk's office, but do not have the detailed engineering material on the reconsideration request. As owners of existing homes located adjacent to the proposed Plat, we maintain our concerns over four specific areas in the Appeal (these are consistent with concerns shared in the initial Plat application)_ These are safety, drainage, privacy and maintenance. 1. SAFETY This site sits on a fairly significant slope, While site development documents may address the actual slopes on the listed property, we are concerned that development plans include addressing impacts to existing slopes, below (west) of the proposed site. We remain concerned that changes to Lot 12, as well as the entire west border of the site, address the close proximity of the roadway to our adjoining property. In that the Plat's east/west roadway makes a 90 degree turn to the south directly above our adjoining property, we feel steps must be taken to insure that vehicles cannot, under any circumstances, (especially ice/snow conditions) slide from the roadway and down the hill onto our adjoining property/homes. An initially discussed concrete retaining wall along the Plat's west boundary would address this along Lot 12 and should be included adjacent to all down slope abutting properties for public safety, which would include all 4 Geneva Court adjunct properties. 2. DRAINAGE We are concerned that every effort be made to insure that the changes in site drainage not impact property located directly below the proposed development. It is unknown how the proposed two tiered rockery will be engineered to provide drainage that does not impact existing homes below Lot 12 or any other adjunct properties should the rockery be extended. 3. PRIVACY The proximity of the Plat being located directly above the Geneva Court subdivision creates the potential for significant impacts to existing homeowners. Any development of areas adjunct to property lines of all 4 Geneva Court homes should be considered in privacy screening. Proposed site development mentions either road or common areas adjunct to current Geneva Court properties. Any of these would equally impact our properties. We request a "buffer" to minimize this impact whether that is a wall, green belt, or fence, etc. 4. MAINTENANCE We understand that requirements made by the City for this Plat would be required of the owner/developer (to Lot 12 and also the entire site). our concerns are that once the site infrastructure is done and the developer/contractor moves on that home owners living in that new development will be required and should be able to maintain the required items that are common to our adjoining property. These include any rockery, retaining walls, fences and vaults, etc. If these responsibilities/items are not clearly specified by the City in the approval of the Plat or well monitored during development, the potential for us as adjacent property owners to have to deal with failed design and/or lack of maintenance of those structures dramatically increases. Please make every effort in the appeal/approval process to insure that requirements and responsibility are indicated, designed, engineered and constructed reliably in order to avoid any problems in the future. The need to maintain, and the access to do so, a two -tiered rockery, where the tiering faces Geneva Court properties instead of tiering toward the new development, may not be obvious to those homeowners and could easily be overlooked. Geneva Court residents should not be burdened with maintenance of such a rockery_ We have a two -tiered rockery in our neighborhood and there is a fair amount of maintenance needed and limited homeowners willing to do this. Respectfully submitted, Paul & Frieda Witt 617 5. 53'a Place Renton, WA 98055 (425)227-5462 i Quang Dang & I _ Duu000ng .J\ 623 5. 53`a Place Renton, WA 98055 (425)917-9733 Deniso w City of, May- - } ! rF'-__ - 1 ��-• �_. t' tit �j. Gty Clerk - Bonnie L Walton June 21, 201d RE: Revised Dates for -the Wilson Park Preliminary Plat Appeal• (File LUA-09-140 PP, ECF) To: All Parties of Record A fetter- Was sent to you from this office dated June 7, 2010,.giving notice regarding the referenced appeal. The date -fins now been changed 'for review of the appeal before the Renton City Cobncil's Planning and Development Committee. The hearing,date before.the. Planning & Development Committee has been rescheduled from July 8, 2i.}10, to: Thursday, august 12, 2010 2:00 p.i n. ..7th Floor Council Chambers Renton City Hall 1055 5.. GradyWay Renton, Washington.99057. For further information or'assistance,. please -call this office at 42$-430-651G. Sincerely, r� Bonnie 1. Walton, CMC City. Clerk 1055 South Grady Way • Renton, Washington 98057 • (425) 43.M510 / Fax f425) 430-6516 - rentonwa.gov Denis Law Mayor . City of City Clerk - Bonnie I'Malton, June 7, 2010 APPEAL FILED BY:. . Robert Wilson RE:- App'eal of.-He'aring Examiner's decision -regarding the Wilson Park Preliminary Plat applicatiori, located at 720 S 55 th Street. (File No. LUA-05-14D PP, ECF) -To Parties_ i>f Record- . Pursuant. to Title IV, Chapter 9, Renton I bty,Cod e -of Ordinances, -written appeal of the hearing exam in er's d6cision on.the Wilson Park 'Preliminary Plat has been filed with the. City Clerk. ln:acco.'rdance with RentOn Municipal Code Section 44410F,,iAtithin'five days of receiptof th 6 e notice of appeal, or after all appeal pe- rio'ds with the Hearing Exarniber have expired, -the City deck -shalf'n6tify all parties of record of the receipt of the,appeal_'Other parfies' of record may -sub ' mit letters limited to support of their pb&ftions-_�.eg�rding WW' e appeal '.ithin, ten (iQ) days of 'the date of mailing-Df thispotificatiori, The 'deadline for sub -mission of.ac[ditioliallette.'rs is by- 5100 p.m, ThLrrsdayJune 17, 201.0. NOTICE 15 HEREBY GIVEN -that the Writte•P.'appeal and other pertinent documents will be reviewed by:the Zo4ntil's Planning and Development Committee- at 3,00 p.m."on July 8, - 2010, in the -Council Chambers,'P FJqor of Renton"'q1ty Hall, 1055 South Grady \)Vay, Renton,: Washington 98057... The"reMrnmendatjon'of the Cornmitteb will. be presented for consideration bythe-full Counti] at-a'subsequentCbuncil.rheeiing. C6py of the appeal and the Rent -on Municipal Code'.rekarding. appeal of Hearing Examiner decisions. ofrecommendations.is 'attached. Pleasg.note that the City Counicil"will be.bDnsidering the merits of the ba"sed uponthe written record prev'io'usly established. Lj;iless%a showing can be made that'addifional -evidence could not reasonably have been available at the prior hearing held by the Hearing-Examinet; no fufthergvidence ortestimony on thismatter Twill be accepted by the'.City Council: For additional information or assistance, 1p!ease call me at 425-430-6510. .S,incere'Jy,.. Bonnie L-Walton City Clerk. Attachrnents IMS6ut.hGrady Way - Renton, Washington 98057 - (425)430-651D/Fax {425)430-6516- rentonwa.gov APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISIONIRECO1VIl MNDATION APPLICATION NAME gison Park Preliminary Plat FIIE NO LuA09-140,ECF, PP The undersigned interested party hereby files its Notice of Appeal from the decision or re-comuncr►dati f the Land Use Hearing Examiner, dated 18 & April l 20 10 OPfiENTON 1. IDENTIFICAT70N OF PARTY 'RECEIVED 11 APPELLANT: REPRESENTA= (IF ANY): CITY CtERK1S OFpfCF ' Naive: Name: Jay Der - _GUdppDerr LLP Address: 21703 60th Street E " Address: 2025 ' First Ave., Suite 500 Lake Ta"bps, WA 98391 _ Seattle, WA 98121 Phone Number: 253-862-7285 Phone Number: 2o6-382-95110 Email: NU Email: er-r-.4ardond_err rQm. —_ ! 2_ SPECIRCATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FindfnL, of Fact: (Please designate number as denoted in the Examiner's Report) No_ Error. Elease Ref, appeal statement. at+-ched "Hereto Correction: Conclusions: No. i Error: "Proposed _Lot 12 should be eliminated from the plat- and its natural features and slope reserved." Correction: Proposed Lot 12, as modified by the applicant in -its reconsideration request dated April 6, 2010, is hereby apbroved- Other: Hearing Examiner's Decision on Reconsideration No. H/A Error. Denial of reconsideration concerning the elimination of proposed Lot 12 from the plat. Correction: Apprnva_1 of mndifi ed J�pt 12 i n Wilson son Park Prelimi na.ry Plat. 3. SUMMARY -OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desircd) Reverse the decision, or recommendation -and grant the following relief: Modify the decision or recommendation as follows: . Remand to theaminer for further consideration as follows. Other: �—Yrl v ! Appellan epr ntative griaftrre Typell'rinted Name Date NOTE: P refer to Title IV, Chap &, of the R ton Municipal Cod;, and Section $-1 1p , for Specific appeal procedures. City of Renton Municipal Code: Title IV, Chapter 8, Section 110 — Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord_ 3658, 9-13-82) 4-8-110F: Appeals to City Council --- Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City CIerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord_ 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner_ If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence_ The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) 1 2 3 4, 5 6 7 8 9 10 11 12 33 14 15 16 17 18 19 20 21 22 23 24 25 C'MY OF RENTON JUN 0 Y 2010 CITY CLERK 5 OFFICE BEFORE THE RENTON CITY COUNCIL STATE OF WASHINGTON In the Matter of the; ) WILSON PARK PRELMIINARY PLAT ) No. LUA09-140, ECF, PP APPLICATION ) } APPLICANT ROBERT For a Preliminary Plat for a Subdivision } WILSON'S APPEAL j } STATEMENT I. INTRODUCTION Pursuant to Renton Municipal Code 4-8-110(F), Applicant Robert Wilson (fine "Applicant") respectfully submits this appeal statement in support of its appeal of the Hearing Examiner's decision to eliminate Lot 12 from Applicant's Wilson Park Preliminary PIat, File No. LUA09-140, PP, ECF, including his Decision on Applicant's Request for Reconsideration dated May 18, 2010 (the "Reconsideration Decision")' and his underlying Findings, Conclusions, -and Recommendation dated April 1, 2010 (the "Original Decision")' (colIectively, the "Decisions"). The Reconsideration Decision is attached hereto as Attachment I _ '- The Original Decision is attached hereto as Attachment 2. APPLICANT'S APPEAL STATEMENT - 1 _ ordonDeH 2625 First Avenue, Suite 500 Seattle, SPh 96121-3140 i206) 382-954D 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In his Decisions, the Hearing Examiner erroneously rejects the Planning Director's Administrative PohcylCode Interpretation regarding the Talbot Urban Separator open space requirements dated January 14, 2010 (hereinafter the "Talbot Road Urban Separator Code Interpretation"T. Moreover, without basis in the facts or the requirements of City policy or code, the Hearing Examiner eliminated Lot 12 from the preliminary plat, contrary to the staff's recommendation, based on visual impacts to adjoining property owners to the west of the site and vague concerns regarding "appropriate density" in the Urban Separator portion of the lot. The Hearing Examiner's Decisions constitute an improper collateral attack on the Talbot Road Urban Separator Code Interpretation; are based on a flawed interpretation of the City of Renton's Urban Separator Overlay regulations (RMC 4-3-110); and are inconsistent with the City's standards for preliminary plat decisions. As such, the Hearing Examiner's Decisions are based on "substantial error[s] in fact and law"4 and the Applicant respectfuIly requests that the Renton City Council ("City Council") modify both the Hearing Examiner's Decisions and approve inclusion of Lot 12 of the Wilson Park Preliminary Plat as part of the City's preliminary plat approval. H. ASSIGNMENT OF ERRORS The Applicant hereby specifically assigns error to the following conclusions, recommendations, and decisions of the Hearing Examiner: (1) Original Decision, Conclusion #i; (2) Original Decision, Conclusion #5; (3) Original Decision, 3 Talbot Road Urban Separator Code Interpretation is attached hereto as Attachment 3- 4 RMC 4-8-1lo(F)(7), (s)- APPLICANT'S APPEAL STATEMENT - 2 GMENEM 2025 First Avenue, suite $Go Seattle, WA 9ei21-al4D (Z06) 382-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Recommendation 43, and (4) the Reconsideration Decision in its entirety. For the reasons discussed in length below, the Hearing Examiner erred in excluding Lot 12 from, the Wilson Park Preliminary Plat Approval. First, the Hearing Examiner's Decisions constitute an improper collateral attack on the Talbot Road Urban Separator Code Interpretation that is barred by both the City's statutory 14-day appeal period for code interpretations (RMC 4-8-110) and the state's Land Use Petition Act. Second, the alternative interpretation of the Urban Separator regulations adopted in the Hearing Examiner's Decisions conflicts with both the legislative intent behind RMC 4-3-110 and the basic rules of statutory construction. Third, if the Planning Director's Talbot Road Urban Separator Code Interpretation is overturned, the Urban Separator regulations may violate RCW 82.02.020. Last, as modified in the Applicant's request for reconsideration,' Lot 12 resolves all of the concerns raised in the Hearing Examiner's Original Decision (i.e., visual impacts, significant tree retention, excessive grading, and retaining wall height) and meets the City's zoning, subdivision, and development regulations. Thus, in reaching his decision to exclude Lot 12, the Hearing Examiner made substantial errors in fact and Iaw, which the Applicant respectfully requests the City Council modify by approving the Wilson Park Preliminary Plat with Lot 12. M. FACTS The Wilson Park Preliminary Plat site consists of 2.5 acres split up between the R- 14, R-1, and R-8 Zones.' The R-1 zoned portion of the site coincides with the Talbot Road ' See Attachment 5. ' See Wilson Park Preliminary Plat application submittals attached hereto as Attachment 6. APPLICANT'S APPEAL STATEMENT - 3 Gor0Mon I 2025 First Avenue, Suite SOD Seattle, HA 95121-3140 (200 362-454D 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Urban Separator depicted in RMC 4-3-110(C)(2). The City has two Urban Separator areas: May Valley and Talbot Road. See RMC 4-3-110. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation; whereas, in the Talbot Road Urban Separator, only portions of properties are with the Urban l Separator. RMC 4-3-110(E)(2)(a) requires properties located within the Urban Separator to dedicate 50% of the gross Iand area of the parcel or parcels as a non -revocable open space tract:_ In May Valley, since the entire property is designated Urban Separator, the dedication of 50% of the gross site area is required. In the Talbot Road Urban Separator, however, where only a very small portion of the site may be designated Urban Separator, the City has determined it is inequitable to require that 50% of the gross site area be retained.' Here, for instance, only 23,795 square feet of Wilson. Park Preliminary Plat's 2.5-acre lot is designated Urban Separator. Fifty percent of that area would require 11,898 square feet of open space. Fifty percent of the gross site, however, is 54,442 square feet more than Twice the actual land area actually located within the Talbot Road Urbana Separator. Instead, on January 14, 2010, following the Applicant's submittal of its preliminary plat application, the Planning Director issued the Talbot Road Urban Separator Code Interpretation. The interpretation states: Urban Separator regulations require dedication of 50% of designated properties gross area as open space. Tor properties in May Valley, where the entire site is within the Urban Separator, this is appropriate. However, ' See Attachment 6. APPLICANT'S APPEAL STATEMENT - 4 6 rdanDe C 2025 First Avenue, Suite 500 Seattle, WA 98121-3159 (206) 382-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for properties in the Talbot area, where only a portion of the site is designated Urban Separator, the requirement for dedication of 50% of the area as open space is a hardship. By requiring 50% of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley areas. Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space, rather than 50% of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator, in order to create a contiguous open space corridor.' This Talbot Road Urban Separator Code Interpretation was posted on the City's website; formal comment and appeal periods were published; no appeals of this interpretation were filed; and the interpretation is currently pending before the City's Planning Commission as part of the 2010 annual docket list to be codified in the Renton Municipal Code next year. Pursuant to this code interpretation, the Applicant is required to dedicate 11,898 square feet of open space; however, the open space actually provided in the Wilson Park Preliminary Plat exceeds this requirement by more than 1,000 square feet.' In its Preliminary Report to the Hearing Examiner dated March 9, 2010 (the "Preliminary Report"), the City's Department of Community and Economic Development recommended approval of the Wilson Park Preliminary Plat containing 12 lots and 3 tracts for open space.10 The Preliminary Report concluded that the 12-lot Wilson Park Preliminary Plat complied with the City's preliminary plat criteria; Renton Comprehensive Plan designation; underlying zoning designation; and subdivision 6 Id. 9 Department of Community and Economic Development's Preliminary Report to the Hearing Examiner dated March 9, 2010, attached hereto as Attachment 4, at p. 9 _ 10 See Attachment 4. APPLICANT'S APPEAL STATEMENT - 5 ardODefit 2025 First Avenue, Suite SOO Seattle, WA 98122-3140 1206) 362-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I regulations." The Hearing Examiner, however, rejected the Department's recommendation and, instead, recommended that the City Council approve the Wilson Park Preliminary Plat with only eleven lots_' The Hearing Examiner based his decision to eliminate Lot 12 on the following criteria: Lot 12 sacrificed too much of the natural terrain of the area designated Talbot Road Urban Separator (even though it exceeded the amount of open space required under the Talbot Road Urban Separator Code Interpretation); elimination of Lot 12 preserved the site's natural features and slope; Lot 12 made the plat "excessively dense"; and the 20-foot retaining walls necessary to create Lot 12 imposed visual impacts on adjoining property owners directly to the west of site.13 On April 6, 2010, the Applicant submitted a timely reconsideration request to the Hearing Examiner. In an attempt to address the concerns of the Hearing Examiner as stated in his Original Decision, the Applicant's reconsideration request submittal relocated Lot 12 to the east (hereinafter "Modified Lot 12") and placed the open space easement on the west side of Modified Lot 12." The relocation of Modified Lot 12: (1) substantially reduced the length of the wall along the east property line of Geneva Court Lots 13-16 from 200 feet tb 55 feet and shifted the wall further to the east to reduce impacts to adjoining property owners; (2) replaced the 20-foot retaining wall with two stepped rockeries of6-feet and 8-feet in height significantly reducing the visual impact of the retaining walls to the westerly adjoining property owners; (3) increased the number of 11 Id 12 See Attachment 2, p.11. 13 Id i4 See Reconsideration Request and enclosures dated April 6, 2010, attached hereto as Attachment 5, APPLICANT'S APPEAL STATEMEIv'T - 6 GOf'dOnffi4t� 202E First Avenue, Suite 500 Seattle, 1 98121-31AD {206) 382-9540 I significant trees to be retained on site from 15 to 24, and (4) substantially reduced the 2 grading on Modified. Lot 12 leaving most of the proposed open space easement 3 undisturbed native vegetation. 4 Despite these changes to the Wilson Park Preliminary Plat and Modified Lot 12, 5 b the Hearing Examiner again refused to allow the inclusion of Modified Lot 12 in the 7 Wilson Park Preliminary Plat. Instead of approving Modified Lot 12, the Hearing 8 Examiner explicitly rejected the City's Talbot Road Urban Separator Code Interpretation 9 as "inappropriate" and held that the Urban Separator portion of Wilson Park Preliminary 10 Plat should remain as "natural as possible."15 11 The Hearing Examiner's Decisions should be modified to authorize inclusion of 12 Modified Lot 12 in the Wilson Park Preliminary Plat for the following reasons: (1) the 13 14 Hearing Examiner's Decisions are improper collateral attacks on the Planning Director's 1s Talbot Road Urban Separator Code Interpretation; (2) the Hearing Examiner's Decisions 16 are based on an invalid interpretation of the City's Urban Separator regulations; (3) 17 without the Planning Director's Talbot Road Urban Separator Code Interpretation, the 18 City's Urban Separator regulations may violate RCW 82.02.020; and (4) the Wilson Park 19 Preliminary Plat complies with the City's Comprehensive Plan policies and code 20 requirements. 21 22 23 24 25 s Attachment 1 atp- i. APPLICANT'S APPEAL STATEMENT - 7 otdonDeff 2025 First Avr=ue, Suite 500 Seattle, WA 48121-3140 (2GS) 382-4540 2 4 C 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IV. LEGAL ARGUMENT A_ The Hearing Examiner's Decisions Constitute an Improper Collateral_ Attack on the Planing Division's Code interpretation. Washington case law is clear that a land use decision that is not timely appealed may not be collaterally attacked in a later proceeding. " Renton provides a formal comment period and a 14-day appeal period for administrative code interpretations_ See RMC 4-8-110. Here, the Planning Director issued the Talbot Road Urban Separator Code Interpretation on January 14, 2010." The formal code interpretation and its appeal period were published on the City's website. The appeal period expired on January 28, 2010.18 Thus, any appeals filed after those dates are untimely and prohibited under Washington's Land Use Petition Act ("LUPA"). Moreover, the Washington Supreme Court has previously held that an issuing locality cannot collaterally attack the validity of its own land use decisions outside the LUPA 21-day appeals period. Chelan County v. Nykrezm, 146 Wn2d 904 (2002). In Nykreim, Chelan County's own planning director erroneously approved a boundary line adjustment ("BLA") that was contrary to law in that it'created three lots out of one, " See Land Use Petition Act ("LUPA"), RCW Chapter 36.70C; see also Habitat Watch v. Skagit County, 155 Wn-2d 397, 410-11 (2005) (holding that a challenge to a grading permit was an unacceptable collateral attack on the issuance of an improperly granted special use permit); see also Samuel's Furniture, Inc. v. Dept of Ecology, 147 Wn2d 440, 54 P.3d 1194 (2002) (Department of Ecology is barred from collaterally attacking the city's allegedly improper determination that the property was outside its shoreline jurisdiction or not subject to shoreline Management Act jurisdiction through a later enforcement action); Chelan County v. Nykreim, 146 Wm2d 904, 52 P_3d 1 (2002) (holding that LUPA's statutory time limits prevent the county from revoking an improperly granted boundary line adjustment); Wenatchee Sportsmen Assn v. Chelan County, 141 Wn2d 169, 4 P.3d 123 (2000) (holding that a challenge to a development permit was an improper collateral attack on the improper rezone of the area in violation of the Growth Management Act)- " See Attachment 3. 16 No appeals were filed during the applicable appeal period. APPLICANT'S APPEAL STATEMENT - 8 GDrdnnDert 2025 First Avenue, Sv>te 50D Seattle, wA 98121-3140 [2D67 382-9540 I instead of simply adjusting the boundary lines of existing lots. Id. at 911-12. Fourteen 2 months after approving the BLA, the County discovered the mistake and challenged the 3 decision in superior court_ Id. at 914. The Court found that because Chelan County failed 4 to timely appeal an erroneous land use decision made by its own planning director, it 5 6 could not file an action for declaratory relief challenging the BLA granted to the applicant 7 even though it contravened county code. Id. g Finally, both Habitat Watch and Wenatchee Sportsmen Assn v. Chelan County, 9 141 Wn.2d 169, 4 P.3d 123 (2000) support the argument that the City's code 10 interpretations cannot be collaterally attacked in a different City decision. See Habitat 11 Watch, 155 Wn.2d at 410-411 (`Because appeal of the special use permit and its 12 extensions are time barred under LUPA, Habitat Watch cannot collaterally attack there 13 14 through its challenge to the grading permit"); Wenatchee Sportsmen, 141 Wn.2d at 173 15 ("WSA's failure to file a timely LUPA challenge to the rezone bars it from collaterally 16 challenging the validity of the rezone in this action opposing the project application"). 17 The Hearing Examiner's Decisions are essentially an untimely collateral attack on 18 the Talbot Road Urban Separator Code Interpretation. The Hearing Examiner cites no 19 authority in his Decisions that permits the rejection of a formally adopted code 20 interpretation. The Hearing Examiner himself admits in his Reconsideration Decision that 21 22 the "interpretation appears to permit development of [Modified] Lot 12." The Applicant 23 respectfully requests that the City Council correct the Hearing Examiner's LUPA 24 25 APPLICANT'S APPEAL STATEMENT - 9 6 rdO OM 2025 rirst Avc r_ Suite 500 Seattle, WA 48121-3i40 (206) 38z-9540 } 1 2 3 4 5 6 7 8i 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 violation, reaffirm the Talbot Road Urban Separator Code Interpretation, and modify the Wilson Park Preliminary Plat approval to include Modified Lot 12. B. Even if the Hearing Examiner Could Contest the Talbot Road. Urban- S arator Code Inte retation City Staff s InLeMretation is Correct. Consistent with the Planning Director's code interpretation, the Urban Separator Regulations can only reasonably be interpreted to apply to the portion of the Wilson Park Preliminary Plat subject to the overlay. The mere fact that the City Council chose to zone only part of the Wilson. Park Preliminary Plat site R-I evidences that this was the legislature's intent and supports staffs interpretation. R-8 zoning is not an urban separator zone.19 Had the City Council wanted the entire lot to be subject to the Urban Separator regulations, and, more specifically, RMC 4-3-100(E)(2)(a)'s 50% gross site area requirement, it would have zoned the entire site R-I instead of zoning the majority of the j parcel R-8. Moreover, substantial weight is given to the agency's interpretation of the statutes it administers which are within the agency's specialized expertise. Manlce Lumber Co. v. Diehl, 91 Wn.App. 793, 802, (1998). An agency's interpretation will be upheld if it is a plausible construction of the statute or rule. Seatoma Convalescent Or v. Dep't of Soc. & Health Servs., 82 Wn_App. 495, 518 (1996). Here, the Planning Director's interpretation of RMC 4-3-110 is entitled to deference. In contrast, the Hearing Examiner's interpretation of the City's Urban Separator regulations conflicts with the actual language of RMC 4-3-110. In his Decisions, the tl) Renton Comprehensive Plan, Policy LU-147, p. IY-26. APPLICANT'S APPEAL STATEMENT - 10 GOrdanOi� - 2025 First Avenue, suite 500 Seattle, WA 98121-1190 (205) . -9540 I Hearing Examiner concludes that the Urban Separator designated portion of the Wilson 2 Park Preliminary Plat site should remain undeveloped_ See Attachment 1; see also 3 Attachment 2, Conclusion 41. This effectively means that 100% of the property located 4 within the Talbot Road Urban Separator should be dedicated as non -revocable open space 5 6 tract. A 100% requirement is notably absent from RMC 4-3-110, and is, in fact, directly 7 contradictory to the 50% dedication requirement found in RMC 4-3-110(E)(2)(a). A g legislative body is presumed not to include unnecessary language when it enacts 9 legislation. See Davis v. State ex rel. Dept of Licensing, 137 Wn.2d 957, 969 (1999) ("A 10 fundamental canon of construction holds a statute should not be interpreted so as to render 11 one part inoperative."); Judd v. Am, Tel. & TeL Co_, 152 Wn.2d 195, 202 (2004) (no 12 portion of a statute shall be rendered meaningless or superfluous through interpretation). 13 14 A statutory interpretation that conflicts with a statute is given no deference. AFelson v. 15 Appleway Chevrolet, 160 Wn.2d 173, 184 (2007). Here, the interpretation of RMC 4-3- 16 110(e)(2)(a) put forward by the Hearing Examiner conflicts with its 50% dedication 17 requirement, or, at best, renders it inoperative. Thus, it must be rejected. 18 C_ Without the Limitation in the Planning Director's Code Interpretation, the City's 19 Urban S arator Regulations May Violate RCW 82.02.020. 20 Washington courts have looked critically at regulations that impose across-the- 21 board open space requirements or clearing limitations that are not directly related to the 22 level of development.oz impacts created by a specific development proposal. See, e.g., Isla 23 Verde Int'1 Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 759 (2002) ("Isla Verde") 24 (where Supreme Court rejected an ordinance that imposed a 30% open space requirement 25 APPLICANT'S APPEAL STATEMENT - l I 6Oi`don0err 2025 First Avenue, suite 500 Seattle, WA 98121-3140 (205) 3;2-9S40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on all proposed subdivisions); Citizens' Alliance v. Ron Sims, 145 Wa.App. 649 (Div. 1, 2008), cent. denied, 203 P.3d 378 (2009) ("Citizens'Alliance") (where the Court of Appeals held a King County ordinance that limited clearing on rural property to a maximum of 50% violated RCW 82.02.020). Those courts have invalidated such regulations as a violation of RCW 82-02-020, a statutory prohibition on any "tax, fee, or charge, either direct or indirect," on the construction or reconstruction of buildings or on: the development, subdivision, classification, or reclassification of land. The Urban Separator open space requirement, particularly if imposed on the Wilson Park Preliminary Plat parcel without the limitation identified in the Planning Director's code interpretation, would run afoul of the legal limitations discussed in Isla Verde and Citizens' Alliance_ The Talbot Road Urban Separator Code Interpretation, applying the Urban Separator open space requirement on only that portion of the parcel located within the Urban Separator zone, strikes a more appropriate and reasonable limitation on the requirement that reduces the City's vulnerability in imposing the requirement on parcels such as the Wilson Park Preliminary Plat parcel. Appellant has previously, and continues to, express his willingness to comply with the Urban Separator open space requirement, provided it only applies to that portion of the parcel located within the Urban Separator zone, thus allowing the City to include Modified Lot 12 within the Wilson Park Preliminary Plat approval. APPLICANT'S APPEAL STATEMENT - 12 OMEN 202E First Avenue, Suite 500 Seattle, WA 38121-3140 f 06) 382-9540 1 2 3 4 5 6 7 8 9i 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 D. The Modifications to Lot 12 Proposed by the Applicant in his Request for Reconsideration. Address the Concerns Raised by the Hearin Examiner in his Original Decision. As summarized in Section Ill entitled "FACTS" above, the Applicant in his Reconsideration Request20 sought to address all of the Lot 12 concerns raised in the Hearing Examiner's Original Decision. By modifying the location of Lot 12 and its associated open space area, the Applicant reduced the length of retaining walls required and shifted a wall farther to the east to further reduce impacts to adjoining property owners; reduced visual impacts by replacing a 20-foot retaining wall with two stepped up rockeries 6-feet to 8-feet in height, retained more significant trees; and substantially reduced the amount of grading required within the portion of the site designated Urban Separator.21 Indeed, the Hearing Examiner recognized in his Reconsideration Decision that shifting the location of Modified Lot 12 "does reduce the impact on the properties to the west.�22 Further, modifications to Lot 12 bring the Wilson Park Preliminary Plat even more into conformance with Community Design Element, Policy CD- I", which encourages developers to adjusting site plans to preserve slopes, trees, and vegetation. While RMC 4-7-130(C)(1)(B) prohibits the creation of a lot that primarily has slopes forty percent (40%) without adequate area at lesser slopes upon which development may occur, this prohibition is inapplicable to Modified Lot 12 — it does not have slopes over 40% and 21 See Attachment 5. 2] Id 22 Attachment 1, p. 1. 23 Renton Comprehensive Plan, Community Design Element, Policy CD-1, p. IV-2. APPLICANT'S APPEAL STATEMENT - 13 t Goffiffi ff- 2025 First Avenue, State 500 Seattle, WA 98121-3140 (205) 382-9540 I P-A 3 4 5 6 7 S{1 91', 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 has adequate area for a house site_ Last, there is no provision within the City's regulations that limit the use of retaining walls_ In addition to the issues resolved above, the Hearing Examiner's Original Decision, without any analysis or support, raised the appropriateness of the density proposed in the Wilson. Park Preliminary Plat application. The lots in the Wilson Park Preliminary Plat range from 4,500 to 13,006 square feet with an overall density of 7.99 dwelling units per acre. Staff concluded that the 12-lot Wilson Park Preliminary Plat complied with the City's underlying zoning designation. See Attachment 4 at pp. 6-7. Moreover, proposed Lots S through 11, are wider than required by the City's regulations (60 feet versus 50 feet) in order to meet the intent of RMC 4-7-220(C)(4) and Housing Element Policy H-924, which recommends Iarger lots in steeper parts of subdivision sites. Thus, there is no evidence in the record that the proposed density of the 12-lot Wilson Park Preliminary Plat violates the City's applicable development regulations. For these reasons, the Hearing Examiner had no basis in the record or the law to eliminate Modified Lot 12 from the Wilson Park Preliminary Plat approval based on compliance with the City's comprehensive plan policies and code requirements including density, lot dimensions, building standards, open space, and setbacks. V. CONCLUSION For the foregoing reasons, Applicant respectfully requests that the City Council modify both the Hearing Examiner's Decisions, affirm the Talbot Road Urban Separator Code Interpretation issued by the staff on January 14, 2010, and approve the Modified Lot ' Renton Comprehensive Plan, Housing Element, Policy 1-1-9, p. VII-8. APPLICANT'S APPEAL STATEMENT - 14 UNdffiOB 2025 First Avenue, Suite 500 Seattle, SPA 98121-3140 (206) 392-9540 1 2 3 4 5 6 71 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 of the Applicant's Wilson Park Preliminary Plat as shown in the Applicant's reconsideration request slated April 6, 201 0.21 DATED this 1" day of June, 2010. " Attachment 5_ APPLICANT'S APPEAL STATEMENT - 15 GORDONDERR LLP ByZ&M a W , Jay P. D , WSBA # 12620 Megan Nelson, WSBA # 37996 Attorneys for Applicant Robert Wilson GaidBID MR. 2025 First Av=ue, Suite 500 Sr ttle, 17A 98121-3190 {206} 362 9'540 Encompass, ENGINEERING Ft SURVEYENG IL L�� Together with Baima & Holmberg April 6, 2010 Fred Kaufman Hearing Examiner Renton City Hall 1055 S. Grady Way Renton, WA 98057 RE: Wilson Park LUA-09I49, PP, ECF Dear Mr. Kaufman: CI —I Y OF RENTON APR 0 7 2010 RECEIVED Or Y CLERK'S OFFICE Pursuant to Title W, Chapter 8, Section 100G of Renton's Municipal code, please consider this letter a request for reconsideration of the April I'`. 2010 recommendation to the City Council for approval of the Wilson Park subdivision. The reason for the reconsideration request is that information regarding Lot 12 is available that was not available at the Hearing. At the Hearing, the possibility of flipping Lot 12 and malting the open space easement on the west side was raised, however, plans were not available at the Hearing that would show the ramifications of the change. The conceptual grading, drainage, utility and tree plans have now been revised to reflect the change to Lot 12 and are hereby submitted with this letter in support of the reconsideration request. As it turns out, the revision to lot 12 has the following advantages: • The wall along the east property line of Lots 13 through 16, Geneva Court is substantially reduced.. Instead of a 200 ft long wall along the property lines, we now have approximately 55 ft of wall. Two stepped rockeries 6' to 8' in height would follow the alignment of the new roadway across the westerly portion of Lot 12. The rockeries would then turn north to allow a 10 ft wide ramp access the open space easement on the westerly portion of Lot 12. This allows the retention of most of the significant trees in the open space easement on Lot 12 and substantially reduces the visual impact of a wall to the Geneva Court neighbors_ Western Washington Division 165 NE Juniper St, Ste 201, Issaquah, WA 98027 Phone: (425) 392-0250 Fax: (425) 391-3055 Eastern Washington Division 108 East 2n" Street, Cle Mum, WA 98922 Phone: (509) 674-7433 Fax: (509) 674-7419 www.Encompass$S.net 1 t Fred Kaufman Hearing Examiner City of Renton Page two With the proposed revision, the number of significant trees that will be retained on site is 24, which is only one less than the 25 trees required to be retained. This is a significant increase from the initial proposal of 15 retained trees and will only require the planting of 6 two-inch replacement trees. • The grading on Lot 12 will be substantially reduced as well, leaving most of the proposed open space easement undisturbed native vegetation. Although the primary reason for non approval of Lot 12 appears to be the impact of the 20 ft wall on the neighbors, it appears that a secondary issue is density. While elimination of Lot 12 would reduce the density somewhat, it would not provide that much of an environmental benefit to the site. Lots 8 through 11 are wider than required by zoning (60 ft vs. 50 ft) as it was the applicants intent to build nicer (wider) homes on the property than what is the norm by today's standards. By providing wider lots than required by the zoning code, the intent of Section 4-7-220 c.4, Renton's Hillside Subdivision code recommending larger lots iD steeper parts of the site is met. The requirement to stab a road to the north in it's present location is one that staff considered at length, so with the road location established, and lots 8 through 11 wider than normal, the elimination of Lot 12 would have little beneficial impact to the site. The proposed revision of the open space easement location to the west side of Lot 12 accomplishes the same goal and retains the lot. Thank you for your consideration of this request. Revised plans showing the proposed revision are enclosed for your use and have also been sent to staff. very truly yours, BAiMA & HOLMBERG,INC. Shupe Holmberg, PE PLS Enclosures cc: Jennifer Henning Bob Wilson Steve Beck WSHbbIn9542 Feed Knack® April 1, 2010 OFFICE OF THE HEARING EXAMTNER CITY OF RENTON Minutes OWNERIAPPLICANT: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT Robert Wilson 21703 6e Street East Lake Tapps, WA 98391 Shupe Holmberg Baima & Holmberg Inc. 100 Front Street Issaquah, WA 98027 Wilson Park Preliminary Plat File No.. LUA 09-140, PP, ECF 720 South 551 Street Applicant is requesting approval of a Preliminary Plat for the subdivision of 2.5 acre parcel to encompass 12 lots and 3 tracts for open space. Development Services Recommendation: Approve subject to conditions. Staff Report was delivered to the Hearing Examiner on March 9, 2010. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MIl�TiJ'iES The following minutes are a summary of f the March 16, ZDIO hearing. The legal record is recorded on CD. The hearing was opened on Tuesday, March 16, 2010, at 9:32 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECl~ April 1, 2010 Page 2 Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Vicinity Map Exhibit No. 3: Preliminary Plat Map Exhibit No. 4: Boundary/TopogRphy Ma Exhibit No. 5: Generalized Utilities/Drainage/ Control/Coace tuaI Grading/Landscaping Plan Exhibit No. 6: Road Profile Exhibit No. 7: Wall. Profiles & Cross Sections Exhibit No. S: Tree Inventory Exhibit No. 9: Zoning Map Exhibit No. 10: Administrative Policy/code Interpretation Affecting Urban Separator Overlay Regulations, effective January 14, 2010 Exhibit No. 11: Street Modification Letter, dated November 10, 2009 Exhibit No. 12: Plat Map Showing All Zoning Designations Exhibit No. 13: Map Showing Urban Separator Areas in the Talbot Area of Renton Exhibit No. 14: Generalized Utilities and Drainage showing the Retainin Walls Exhibit No. 1S: Planter Strips for Sidewalks Exhibit No. 16: Large Sheet Showing Most Recent Drainage and Grading Plan with the Retaining Walls Exhibit No. 17: Right of Way Papers for 5 Street Exhibit No. 18: Existing Easement Document for the Smithers EmergencyEmEgency Access Roadway Exhibit No. 19: Aerial Photo of Existing Area Exhibit No. 20: Going Native Brochure The hearing opened with a presentation of the staff report by Jennifer Henning, Current Planning Manager, Community and Economic Development Division, City of Renton, 1055 S Grady Way, Renton, Washington 98057. The proposed project is a 2.5 acre site, the nearest access street is South 55tf' Street. The access street is very steep and has several serpentines with a speed limit of 25 MPH. This site has been constrained by trying to get access to it due to the steep slopes. There also have been some difficulties due to City Code because of the Urban Separator Overlay and all the various zoning designations. The final plat has gone through several revisions to meet all requirements, this presentation today has 12 lots suitable for the development of single-family residential homes_ There are three open space tracts, Tracts B, C, and D. There is no Tract A. Tract B is greater than a 40% slope and as such is a protected area that cannot be touched. Tracts C. and D are open space areas and are split by the zoning designation. R-1 zone is on the west side and R-S zone is on the east. All open spaces are considered reserved areas and would be planted with trees by the applicant. Wilson Park Preliminary Plat bile No.: LUA--09-140, PP, ECF April 1, 2010 Page 3 Part of Lot 12, to the north is within the R- I zone, a portion of this Iot would have an easement overlaying it to be considered open space that satisfies the Urban Separator requirements. It is not a separate Tract, but an area that will have an easement over the top. The remainder of the lots in the plat are between 4,500 and 6,270 square feet. There is a lot of topography on the lots and in order to develop the lots there would need to be some retaining walls constructed. The wails would vary in size from 12-20 feet in height. One retaining wall would be located on the eastern border of Lot 7 and the other would be located on the western border of Lot 12. The retaining wall on the east side would be either poured concrete or soil nail composition; the wall on the west side would be poured concrete or stabilized soil. The walls abutting the property both to the north and the west will have some impact to the property owners at least during construction and perhaps during maintenance. The applicant has been required to secure both construction and maintenance easements. The plan is to terrace those walls and landscape them, it has been requested by Staff that those walls be maintained by the Homeowner's Association_ The applicant would like to see the individual homeowners maintain the walls in their particular lot. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated with eleven mitigation measures. No appeals were filed. The project is compliant with both Zoning Code and the Comprehensive Plan policies. The density of the proposed plat is 7.99 dwelling units per acre. All lots comply with the minimum width and depth. The plat would be accessed via a new street that would extend from S 55a' Street. It would be a 50-foot right-of- way and enters into the plat, makes a curve and becomes S 53`d Place_ It eveatually ends in a "T" that will eventually extend to the north and south property lines with a gated emergency access at the south property line, All on -site roads will be dedicated rights -of -way - Because of the restraint in this plat, it would be required to have sidewalks and planting strips on one side of the roadway. The sidewalk and planting strip would be located along the west side of the street coming into the plat. There also would be a sidewalk and an 8-foot wide planting strip on the north side of South 53rd Place. The planting strip would be 5 feet wide along the north/south interior road. A tree inventory plan has been submitted, currently there are 101 trees on site, of those 25 must be retained. The applicant has stated that they can only retain 15 trees. The applicant has proposed 60 trees to be planted primarily in the open space areas (Tracts C and D as well as the open space area that is part of Lot 12). Staff has asked for a split rail fence to define these areas_ A goal of the Urban Separator is to create corridors of open space for wildlife to roam through. There are only two areas of the City where the Urban Separator applies, the Talbot Bill Area and May Creek. In Talbot, the Urban Separator slices through the hill and takes just portions of the property and this is why Lot 12 has been designed with the open space that will be surrounded with a split rail fence. Police and Fire have indicated that there are sufficient resources to serve this area_ The project is located in the Renton School District and they do have sufficient room for the projected new students_ This project would be subject to School Impact Fees. Wilson Park Preliminary Plat File No__ LUA-09-140, PP, ECF April 1, 2010 Page 4 There have been some letters sent to the City of Renton concerning the safety on S 55's Street and the new driveways that would be taking access onto that street A safety evaluation was done and it was determined that the roadway was safe based on a higher speed than what is currently allowed on S 55`� Street A drainage report was completed and showed that the parcel to the east drains onto this site and runoff from this site flows to the west into Geneva Court, this flow collects in a drain and flows into the storm system located in the road inside Geneva Court and finally flows into Springbrook Creek. The drainage vault for this project would be located under the roadway with an easement for maintenance. The opening to the vault would not be located in the roadway, but placed into the landscaping or sidewalk areas adj acemt to the vault. There has been vandalism where the grates have been removed which creates a grave traffic safety issue. Water service would be provided by Soos Creek, the Certificate of Water Availability has been issued for this site. Sewer service would be provided by the City of Renton with a minimum 8-inch diameter extension required_ The public streets would become part of the City System with the exception of the emergency access road. It was requested that a 9`t Condition be added indicating that the grate covering the drainage vault be located in the sidewalk or the landscaping. A 15 Minute Recess was taken. The Hearing Resumed at 10.31 am_ Shupe Holmberg, 165 NE Juniper Street, Issaquah 98027 stated that if the proposed plat is approved subject to the recommended Staff conditions they believe that the public's interest in safety and welfare would be met, Condition #5 calls for the Homeowner's Association to maintain the retaining walls. It would appear to the applicant that the individual homeowners should maintain those walls within their own respective lots. That would involve Lot 7 and 12. The Drainage and Grading plan that was shown today is not the latest version. The north wall would still be a 5- foot high retaining wall. On the east portions of Lots 4-7 there would be two staged rockeries that would be 2 to 6 feet in height with the highest part being at the north. end_ The retaining wall on the west side is the same on both plans. The retaining wall on Lot 12 would be approximately 20-feet tail. There would be a fence on top of the 20-foot wall. Since the 20-foot wall does cover several parcels, it might be best if the Homeowner's Association would maintain that particular wall. In the drainage report it does state that the runoff from the site currently runs through Geneva Court. The proposal for this site is to pick up the drainage, pipe it to the detention vault within the off -site roadway and discharge that to the roadside ditch on S 55`h Street. Any drainage impacts to Geneva Court would be lessened, no drainage from this site would go to Geneva Court. The 2009 King County Stormwater Manual would apply to installation and operation of the vault. Each individual lot will have a connection and drainage would be piped directly to the conveyance system. Wilson Park Preliminary Plat Pile No_: LUA-09-140, PP, ECF April I, 2010 Page 5 The emergency access to the site would be paved. Some cut and grading will take place along the road and adjacent lots. Vincent Geglia, 11410 NE 124'" St., ,Ste. 590, Kirkland 98034 stated he had an aerial photo of the site and surrounding areas. The new public road off of S 551 Street to the site was pointed out showing that the new interior road, S 53d would hit just on the outside comer of the curve giving the optimum sight distance looking in both directions on S 55h. The site distance does meet the City of Renton requirements. Paul Witt 617 S 53`a P1, Renton 98059 stated that he Iives in Geneva Court, Lot 13. He is not opposed to this project, but does want to make sure that any project in the area is done correctly and safely. This is a challenging project, from his front porch up to the far side ofthis new site, it is over 110-feet in difference. His concern is to make sure that the retaining wails along the west side are done correctly, he still feels a .little vague about exactly what materials are being used to create these retaining walls. He was further concerned about the terminus and vagueness of how far the wall at his corner lot would continue. Going into his back yard and looking up, there would just be a 20-foot wall going straight up, how is that going to look At that location, the road would be above grade. That roadway could be prone to accidents especially in the snow and ice. He would prefer to see the maintenance kept with the Homeowner's Association, it sounds great on paper, however, in reality it most likely will not get done. It seems strange to have a Homeowner's Association responsible for something built on City property. The vault that they are responsible for is not on any property they have vested interest in, it is on a City right-of-way on a dedicated street. It would stand to reason that the engineering would be strong enough to hold large vehicles_ Steven Beck, 4735 NE 0' Street, Renton 98059 stated that he is the manager of Amberwood LLC and consultant for Wilson Park Preliminary Plat before the Hearing Examiner today. Lots 4, 5, 6, and 7 to the east will have a rockery on their site. He was involved with the Cherie Lane plat several years ago and recently brought plans to a meeting showing how rockeries and vegetation was handled in the Cherie Land. It was not pretty. They did not want that on this site, so everywhere they can, even on the west side to try to step up and do rockeries and vegetation, it looks much better and is better for the environment. On Lots 4, 5, 6, and 7 where there is approximately a 120-foot depth, the plans include a garage under a two story basement with decks off the main floor. These plans were used in Cherie Lane and worked very well. With that house plan, the back yards can be tiered up with 4-6 foot rockeries at a time and use vegetation on tbem. Lot 12, they have discussed how to do that, possibly sloping the hill up slowly to the building pad. If a wail is used, it would have to be textured or soil nail used, but the end product would have to look good. Kayren Kittrick, Community and Economic Development stated that Geneva Court has a north connection, a small bit of right -of --way that was reserved for future use. Rockeries four feet and over must be structurally engineered. They require a separate building permit and a separate inspection, there is a special inspection required with a structural engineer on site at the time of the inspection. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 6 The Examiner stated that the road is pretty much at the south end of the retaining wall leaving no room to create terraced or sloped retaining walls_ Ms. Kittrick stated that her concern is that could be a focal point for erosion, she will instruct her staff to pay particular attention to that area. If the wall stops right there, something will have to be placed there to protect the area. The wall and transition would be required to meet building standards. S 55'h ideally would be required to have sidewalk, curb and gutter. The problem is that is a third party property and therefore if there were to be any improvements through there it should be associated with designs to accommodate what may be developed on that proerty. There have been inquiries on that property and it willhappen at some time. It is also possible that S 55 should be something that the City is looking at as a general overall plan as opposed to putting it on each individual property. They are not prepared to do that today, but it is on their agenda. Road A will either be called Smithers or Morris, it has not been determined as yet. The preference at this point is to call it Smithers. The north/south connection from S 53`d to S 55h will be subject to traffic and building requirements. The sidewalk is situated next to the slope and will require a pedestrian level barrier or guard rail of some type. There is a possibility that the school bus may pickup children on S 55e' that has not been established as yet The drainage with the walls must meet the 2009 Manual requirements. The vault would be located in the dedicated right-of-way and the grate would be placed outside the traffic right-of-way. The sewer line would run down S 55`s Street. Because of the protected area on Lot 12,'they can only clear 35%. It seems it may be complicated to build the wall, do the grading and remain at less than 35%. They will also need the permission of Mr. Witt and any other neighbors prior to building this retaining wall. Her opinion is that the maintenance of that particular retaining wall should be spread over the whole group in a Homeowner's Association. That particular wall on Lot 12 is in essence holding the entire plat in place. It might have to be in an easement where all the property owners have an undivided interest, which may be stronger than putting it on the Homeowner's Association. There could be a possibility of flipping Lot 12 and making the open area next to the retaining wall rather than the house. Mr. Holmberg stated that he had a Geotech engineer present, but did not have a structural engineer in the room today. The Examiner asked if this wall could be built without disturbing the properties to the west. Permission would be needed to shore it up as it is being built or the piles being driven from the top for the soldier walls and then doing what was necessary. Mr. Holmberg stated that technically they could build the wall on Lot 12 with no off -site easements. It would be a fill behind the wall. It will have impacts on the four lots in Geneva Court because it is going to be a large wall in their backyard. They did look at putting the building area on the west side of Lot 12, there was less of a building envelope doing it that way, but they could revisit that possibility. It could also be a condition that they work with the homeowners of Geneva Court to try to address some of the visual impacts of that wall. Wilsoa Park Preliminary Plat File No.. LUA-09-140, PP, ECF April 1, 2010 Page 7 They are proposing larger lots in this development because of the retaining walls and rockeries that are necessary because of the steep slopes. Lot 12 is a difficult lot Moin Kadri, 19213 Kenlake Place NE, Kenmore 98028 stated the soil investigation that was done found the soil in that area to be a glacial till and generally has a fairly high sheer strength. If the foundations are built on that native material that can withstand the bearing capacities and even a retaining wall_ The report has options for three different types of retaining structures, in this type of environment, taking care of drainage is very important. The Examiner stated that he had some concerns with the retaining wall, its length and height and its affect on the. properties to the west as well as supporting anything built on Lot 12. He may impose another condition for Lot 12, in that if it can be built it can be built, but it may actually yield to the Urban Separator_ These are steep slopes and adjoin other people's property, there are a lot of things involved in malting sure it is done safely without jeopardizing anybody on this site or adjacent sites. Ms. Henning checked on the requirements for a Hillside Subdivision. Lots are required to be larger than the minimum size. Erosion control, grading and Geotech information seem to be the criteria. This is a difficult site, the applicant has been very responsive in working with the City. The remaining concerns would be how clearing would be accomplished on Lot 12 in order to preserve the number of trees required and accommodate all the improvements. There will be export from the site which does not seem to be severe. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no farther comments from staff. The hearing closed at 11:36 a.m_ FINDINGS, CONCLUSIONS & RECOMNfENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Robert Wilson, filed a request for an approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R 14 zones and mi the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). 2. The yellow file containing the staff report the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit 41. 3. The Environmental Review Committee (ERC), the CAYs responsible official issued a Determination of Nan -Significance - Mitigated (DNS-Nl). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 720 South 55th Street. The subject site is located north of 55th and does not front directly on that street. The subject site is east of Talbot Road South and is generally south of w Wilson Park Preliminary Plat Pile No.: LUA-09-140, PP, ECF April 1, 2010 Page 8 Valley Medical Center and directly south of the eastern portion of the Sikh Temple site. An existing home is located on the eastem end of the parcel. That home would be removed if the plat is approved, The map element of the Comprehensive PIan designates the area in which the subject site is located as suitable for the development of a variety of residential uses ranging from low density to medium density uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-1 (Single Family - 1 dwelling unit/acre), R-8 (Single Family - 8 dwelling units/acre) and RR 14 (medium density - 14 units/acre). The R-14 portion is only about 10 feet wide. The subject site is also subject to the Talbot Road Urban Separator Overlay requiring preservation of a corridor of open space_ The overlay is located. near the westernmost portion of the subject site and is the portion zoned R-1. It is approximately 23,795 square feet_ An Administrative Interpretation found that only 50 percent of the area defined by the urban separator rather than 50 percent of the entire site should be restricted to open spare use. The subject site was annexed to the City with the adoption of Ordinance 3268 enacted in December 1978. 10. The subject site is approximately 2.49 acres or 108,884 square feet_ The rectangular subject site is approximately 207 feet wide (north to south) by 510 feet long. The southwest corner of the subject site is approximately 290 feet north of South 55th_ 11. The subj ect site slopes downward over 110 feet from approximately 3 70 feet in the northeast comer of the site to approximately 254 feet at its western boundary. The slopes range from 13 percent 39 percent with an area exceeding 40 percent east of the southwest corner of the site_ Slopes exceeding 40 percent are designated as protected slopes. 12. The site's sloped topography means the site falls within the definition of a Hillside Subdivision. Larger lots and decreased density are permitted in Hillside Subdivisions. 13. The applicant proposes grading the subject site to create building pads for homes as well as appropriate grades for roads to and through the site. The applicant proposes approximately 17,000 cubic yards of cut and approximately 6,000 cubic yards of structural fill. 14. The tree inventory showed 101 significant trees on the subject site. Code requires the retention of 25 trees whereas the applicant proposes retaining 15 trees. The replacement ratio is six (6) trees for each one removed that should have been retained. Sixty new trees would be planted mainly in the open space corridors. Additional street trees would be required 15. Access to the subject site would be provided via a new public roadway that connects S 55th with the subject site across a neighboring, third -party property. This south to north roadway would be paved to a width of 26 feet and have an eight foot planter strip and a 5 foot sidewalk on its west side. It would connect to a new roadway, Road A, through the site that would curve to the east and end in a T- intersection with another north -south road, Road B. This Road B would extend to the north and south Wilson Park Preliminary Plat Pile No.; LUA-09-140, PP, ECF April 1, 2010 Page 9 property lines. The north Ieg would eventually connect to properties north of the subject site_ The south leg would connect to a secondary, gated emergency access easement that connects to S 55th. The emergency road would have 20 feet of paving. Road A, the main road through the site would have a public right -of --way 42 feet wide and would continue the sidewalk on its north side. A modification to reduce Road A to less than 42 feet was denied. 16. The applicant proposes dividing the subject site into 12 lots and 3 tracts (labeled Tracts B, C and D - there is no Tract A). The three tracts are located south of Road A as you enter the plat from the west, followed by Proposed Lots 1, 2 and 3. Proposed Lots 4.7 are located along the eastern edge of the plat, east of Road B. Proposed Lots 8-12 are located along the north side of Road A. Tract B would encompass the critical slopes_ Tracts C and D would be open space areas. As initially proposed the eastern portion of Proposed Lot 12 would be an open space easement as it is governed by the Urban Separator overlay. 17. The lots would range in size from 4,500 square feet to 13,006 square feet_ Most of the lots would be between 5,400 square feet and just under 6,000 square feet. The different zones have different development standards. Proposed Lots 1 - i I are subject to the R-8 standards. Proposed Lot 12 is subject to the R-I standards. There are actually no lots subject to the R-14 standards. Staff noted that the proposed lots appear to meet the appropriate zoning standards. is. The applicant proposes installing a number of rockeries along the north and east side of the plat to terrace the lots and provide more Ievel building pads or yard areas. These rockeries will vary in height. The initial plans show them as 5 and 6 foot rockeries_ 29. The applicant proposes a tall retaining wall along the western boundary of the subject site adjacent to the four (4) lots of the adjacent Geneva Court Plat. The wall will be twenty (20) feet tau. Walls or rockeries will also be provided along the entry road from S 55th to provide suitable grades for a road in the steeper slopes. 20. Construction of walls or rockeries along property lines may require cooperation and even construction easements from adjoining property owners. The applicant cannot enter upon or injure neighboring properties without legal consent. The ERC imposed conditions to address the visual impacts of the large retaining structures. 21. The three zoning districts each have their own density standards and staff calculated that they all comply with their underlying standards. The overall density for the plat would be 7.99 dwelling units per acre after subtracting sensitive areas and roadways. 22. The subject site is located within the Renton School District. The project is expected to generate approximately 5 or 6 school age children_ These students would be spread across the grades and would be assigned on a space available basis. The proposal is subject to the Renton School Impact fee. 23. The development will increase traffic approximately 10 trips per unit or approximately 120 trips for the 12 single family homes. Approximately ten percent of the trips, or approximately 12 additional peak hour trips will be generated in the morning and evening. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 10 24. There was concern about traffic and sight distance issues where the plays access road intersects S 55th. Accidents along this roadway have been reported, including a fatality. The traffic analysis indicated that there is adequate sight distance on this area of the curving, hilly street. S 55th and the access to the plat may be impaired in inclement, snowy weather. 25. Stormwater from the east drains onto the subject site and then west toward Geneva Court where it is collected and conveyed to 53rd and Talbot. This stormwater will be collected on the subject site and conveyed to an off -site detention vault located under the western roadway that connects the plat to S 55th. The project will have to comply with the 2009 King County Stormwater Manual. 26. Sewer service will be provided by the City. 27. Water service will be provided by the Soos Creek District. CONCLUSIONS. While the division of the subject site into additional lots appears to serve the public use and interest, the twelve lot plat is excessively dense. The proposed plat attempts to maximize the density limitations of the subject site and it does so by sacrificing too much of the natural terrain of the property, particularly, the area designated by the Talbot Urban Separator Overlay. Not only does it sacrifice the natural slopes but it would impose a huge 20 foot tall retaining wall on its neighbors creating an aesthetic blight in the rear yards of four separate homes. Rather than blend this plays terrain with its western neighbors, it creates an obstacle to neighborliness. Staff calculated that the plat would achieve a density of 7.99 dwelling units per acre. That certainiy approaches the permitted density of 8 dwelling units per acre, the upper range, of the R-8 including what should be an R I dwelling where the lot size is ordinarily one (1) dwelling unit for an over 43,000 square foot area. The Hillside Subdivision regulations suggest reducing densities on steeper properties. The comprehensive plan suggests making use of the natural contours of a site rather than substantially altering them. The applicant will be substantially altering the grades and slopes of a majority of the property, particularly the easternmost lots. It will also be substantially altering property on either side of the new road connecting the site to S 55th. It does not serve the public use and interest to further alter or damage the natural contours along the westernmost, Urban Separator portion of the property, in addition to the other alterations necessary to develop this otherwise substantially constrained parcel. Proposed Lot 12 and Road A are proposed to occupy too much of what should be protected property. Eliminating Proposed Lot 12 will also reduce the potential issues of a 20 foot wall holding up a large area of slope behind the existing Geneva Court homes. Proposed Lot 12 should be eliminated from the plat and its natural features and slope preserved. 2_ An eleven lot plat will serve the public use and interest even though it will still substantially alter the terrain of the site and require engineered rockeries or walls along the road and easternmost lots. It will create eleven new parcels that can provide additional housing choices for residents of the City. It . apparently can be served by urban services including domestic water and sewer and storm water. It appears that the stormwater can be contained or controlled by inline systems and an off -site vault under the new road. The access to the subject site might preclude access during inclement weather but it is not the only area subject to such constraints as hilly terrain and steeper roads are the only means of accessing certain parcels. Staff reviewed the traffic report and it appears that while the new access road will be steep it can meet engineering standards and its intersection provides reasonable sight distance for Wilson Park Preliminary Plat Pile No.: LUA-09-140, PP, ECF April 1, 2010 Page 11 all turning directions. The applicant will be providing mitigation fees to offset some of its impacts on emergency services, traffic, parks and schools. The development of eleven new lots should also increase the tax base of the City. The provision of Road B, the eastern north -south road will provide secondary access for emergency vehicles to the south and a potential connector to the worth so that if additional development occurs north of the subject site through access might be available on public roads_ A sign should be installed warning potential residents that Road B might be a through road with additional traffic in the future. 4. The Zoning, Comprehensive Plan and Urban Separator Al recognized that this site would have additional development potential. The development of the subject site will obviously increase traffic on a steep„ serpentine road. It will also introduce what should be short-term construction noise and impacts as well as the permanent additional impacts of an increased population on a parcel which now only supports one home. In conclusion, while the development of the subject site was envisioned by the City's Zoning and Policies, the site is also severely constrained by topography and access limitations. Reducing the density by one lot will not unduly limit development of the site, still provide additional housing choices and also retain some of the natural features that the comprehensive plan and the urban separator intended to protect. Reducing the density by one lot will also protect neighboring properties from severe disruption along their eastern boundaries and protect them from an unsightly 20 foot tall wall. RT CONEWENDAT ION: The City Council should approve an ELEVEN LOT plat of the subject site subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non -Significance -- Mitigated that was issued by the Environmental Review Committee on February 22, 2020 for Project File No. LUA-09-140, ECF, PP. 2. The applicant shall apply for a demolition permit, remove the existing residence and complete final inspections of the demolition prior to plat recording. 3. A Native Growth Protection Easement (NGPE) shall be recorded over all of Proposed Lot 12 and Tracts B, C, and D and Lot 12 shall be eliminated. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division proj act manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat. 4, The applicant shall be required to plant replacement trees as indicated on Exhibit 8 prior to recording of the final plat S. The applicant shall establish a Homeowners Association for the maintenance of the NGPE and the Wilson Park Preliminary Plat File No_: LUA-09-140, PP, ECF April 1, 2010 Page 12 stormwater vault and each home shall have an undivided interest in the western retaining wall or walls along the road and if Lot 12 is ultimately approved provide the appropriate documents for the review and approval of the PIanning Division project manager prior to recording of the final plat. 6. A note shall be placed on the face of the plat which indicates that Lots 3 and 8 shall be oriented to take access from proposed Road A. 7_ The applicant shall place signs at the northerly terminus of proposed Road B which alert future property owners that this road may be extended'to the north should future development warrant such an exte4nsion. These signs shall be installed prior to recording of the final plat. 8. The applicant shall obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault subject to review and approval by the City Attorney. 9. The grate covering the drainage vault shall be located either in the sidewalk or the landscaping. 10. All retaining wall, rockeries and transitions shall meet the building standards. ORDERED THIS I# day of April 2010. FRED J. KAUF HEARING EXAMINER TRANSMITTED THIS 1 " day of April 2010 to the parties of record: Jennifer Henning Development Services Renton, WA 98057 Shupe Holmberg Baima & Holmberg 100 Front Street Issaquah, WA 98027 Moin Kadri 19213 Kenlake Place NE Kenmore, WA 98028 Robert Thomas 18833 102°d Ave SE Renton, WA 98055 Kayren Kittrick Development Services Renton, WA 98057 Vincent Geglia 11410 NE 124' St., Ste, 590 Kirkland, WA 98034 Ravinder & Jasbir Aluwalia 730 S 556 Street Renton, WA 98055 Michael Link 19249 98's Place S Renton, WA 98055 Khanh Nguyen Steve McNamee Robert Wilson 21703 60`' Street East Lake Tapps, WA 98391 Paul Witt 617 S 53`d Place Renton, WA 98055 Steven Beck Amber -wood LLC 473 5 NE 4' Street Renton, WA 98059 Quang Dang & Kim Duong 623 S 53`d Place Renton, WA 98055 { . WitsoA Park Prellminary Plat File No.. LUA-09-140, PP, ECF April 1, 2010 Page 13 616 S 53`d Place Renton, WA 98055 701 S 52' Street Renton, WA 98055 TRANSMITTED THIS V' day of April 2010 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegiau, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Marty Wine, Assistant CAD Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title 1V, Chapter 8, Section 10OGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 15, 2.010. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper_ An appeal to the City Council is governed by Title 1V, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal mast be filed in writing on or before 5:00 p.m., April 15, 2010. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the Iand use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all. Requests for Reconsideration as well as Appeals to the City Council. I Project Location: 720 South 55'h Street Project Lo=Nan Map LUA09-140, E'CF, PP m H3 30 T23N RSE E 112 t� W N M MA, C� �M.crir r71 1 _ ::tom" S7�kl��C¢aYa.•ss7��'Z,.�-� as Rill, .R all?r �.+y Clio, 2� E ZI21 _ - 1 � M, 2 al• �s l,�w "1 g- i � E CC ` f¢axa}l+r�s¢�Rlra �� F rt- R R EXHIBIT 5 • x � a :1 _ 0.5 fAv 1 s = 1m a-J W� ]IHVd ii0a71111 -- " �>at Cs+a Mraks wum�-�r��•-r.^..-'�•� a ------------ of P� PAL Cts X e -14d Aarwvzwwrtm=e rd Mt]� M Denis Law Mayor I June 21, 2010 City ofrtr( ;, ff City Clerk -Bonnie I. Walton RE: Revised Dates for the Wilson Park Preliminary Plat Appeal (File LUA-09-140 PP, ECF) To: All Parties of Record A letter was sent to you from this office dated June 7, 2010, giving notice regarding the referenced appeal. The date has now been changed for review of the appeal before the Renton City Council's Planning and Development Committee. The hearing date before the Planning & Development Committee has been rescheduled from July 8, 2010, to: Thursday, August 12, 2010 2:00 p.m. 7th Floor Council Chambers Renton City Hall 1055 S. Grady Way Renton, Washington 98057 For further information or assistance, please call this office at 425-430-6510. Sincerely, Bonnie 1. Walton, CMC City Clerk 1055 South Grady Way • Renton, Washington 98057 + (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov June 21, 2010 RE: Revised Dates for the Wilson Park Preliminary Plat Appeal (File LUA-09-140 PP, ECF) To: All Parties of Record A letter was sent to you from this office dated .tune 7, 2010, giving notice regarding the referenced appeal. The date has now been changed for review of the appeal before the Renton City Council's Planning and Development Committee. The hearing date before the Planning & Development Committee has been rescheduled from July 8, 2010, to: Thursday, August 12, 2010 2:00 p.m. 7th Floor Council Chambers Renton City Hall 1055 S. Grady Way Renton, Washington 98057 For further information or assistance, please call this office at 425-430-6510. Sincerely, Bonnie 1. Walton, CIVIC City Clerk June 16, 2010 Ms. Bonnie Walton, City Clerk City of Renton 1055 South Grady Way Renton, WA 98057 REN TON +' 1. 7Cii� ' C LER C'S OFFN'E RE: Appeal of Hearing Examiner's decision regarding the Wilson Park Preliminary Plat application, located at 720 S. 55t" Street. (File No. LUA09-140, ECF, PP ) Ms. Walton: Thank you for the opportunity to provide written comments on the above appeal. As owners of property adjacent to the subject site (located directly below/west of the site), we have an interest in insuring negative impacts are avoided and appropriate measures are taken in the possible development of this site. We became Parties of Record for this application last year, submitting written comments in November of 2009 and attending the Hearing held by the Examiner in March of 2010. While we were informed of the Hearing Examiner's final decision on this application, we were not informed as a Party of Record of the request for reconsideration or the Hearing Examiner's denial of that request. When we recently received notice of the Appeal to City Council on this matter, we were at a disadvantage in that we did not have the information contained in the request for reconsideration submitted by the applicant. We were able to obtain a copy of the letter of request for reconsideration from the Clerk's office, but do not have the detailed engineering material on the reconsideration request. As owners of existing homes located adjacent to the proposed Plat, we maintain our concerns over four specific areas in the Appeal (these are consistent with concerns shared in the initial Plat application). These are safety, drainage, privacy and maintenance. 1. SAFETY This site sits on a fairly significant slope. While site development documents may address the actual slopes on the listed property, we are concerned that development plans include addressing impacts to existing slopes below (west) of the proposed site. We remain concerned that changes to Lot 12, as well as the entire west border of the site, address the close proximity of the roadway to our adjoining property. In that the Plat's east/west roadway makes a 90 degree turn to the south directly above our adjoining property, we feel steps must be taken to insure that vehicles cannot, under any circumstances, (especially ice/snow conditions) slide from the roadway and down the hill onto our adjoining property/homes. An initially discussed concrete retaining wall along the Plat's west boundary would address this along Lot 12 and should be included adjacent to all down slope abutting properties for public safety, which would include all 4 Geneva Court adjunct properties. 2. DRAINAGE We are concerned that every effort be made to insure that the changes in site drainage not impact property located directly below the proposed development. It is unknown how the proposed two tiered rockery will be engineered to provide drainage that does not impact existing homes below Lot 12 or any other adjunct properties should the rockery be extended. 3. PRIVACY The proximity of the Plat being located directly above the Geneva Court subdivision creates the potential for significant impacts to existing homeowners. Any development of areas adjunct to property lines of all 4 Geneva Court homes should be considered in privacy screening. Proposed site development mentions either a road or common areas adjunct to current Geneva Court properties. Any of these would equally impact our properties. We request a "buffer" to minimize this impact whether that is a wall, green belt, or fence, etc. 4. MAINTENANCE We understand that requirements made by the City for this Plat would be required of the owner/developer (to Lot 12 and also the entire site). Our concerns are that once the site infrastructure is done and the developer/contractor moves on that home owners living in that new development will be required and should be able to maintain the required items that are common to our adjoining property. These include any rockery, retaining walls, fences and vaults, etc. If these responsibilities/items are not clearly specified by the City in the approval of the Plat or well monitored during development, the potential for us as adjacent property owners to have to deal with failed design and/or lack of maintenance of those structures dramatically increases. Please make every effort in the appeal/approval process to insure that requirements and responsibility are indicated, designed, engineered and constructed reliably in order to avoid any problems in the future. The need to maintain, and the access to do so, a two -tiered rockery, where the tiering faces Geneva Court properties instead of tiering toward the new development, may not be obvious to those homeowners and could easily be overlooked. Geneva Court residents should not be burdened with maintenance of such a rockery. We have a two -tiered rockery in our neighborhood and there is a fair amount of maintenance needed and limited homeowners willing to do this. Respectfully submitted, Paul & Frieda Witt 617 S. 53rd Place Renton, WA 98055 (425) 227-5462 Quang Dang & IEifn Duong 623 S. 53`d Place Renton, WA 98055 (425) 917-9733 44 0 � t w 3 2 / 7Z5 ~ � \ m0 o q Sandi Weir From: Bonnie Walton Sent: Tuesday, June 15, 2010 11 A7 AM To: Sandi Weir Subject: Wilson Park appeal Update: August 12 at 2 pm is the new date & time for the Wilson Park hearing with the P&D Committee. That info needs to go out in the notification letters. Thanks. Bonnie June 7, 2010 CERTIFICATE OF MAILING STATE OF WASHINGTON } COUNTY OF KING } BONNIE 1. WALTON, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that I am a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 7`h day of .tune, 2010, at the hour of 5.00 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, notice of appeal filed by Robert Wilson of the Hearing Examiner's recommendation regarding the Wilson Park Preliminary Plat. (File No. LUA-09-140, PP, ECF) Bonnie 1. Walton, City Clerk rSUBSCRIBED AND SWORN TO BEFO 'W[T ` day of June, 2010. 5s4aN I o NOTARY Win` CynthiA R. Moya -.27Notary 1 c in and the Washingtoresiding in bli rRenante of = Op WA$N� tJill My commission expires: 8/27/2010 Denis Law Cl Of Mayor I ; - ti y City Clerk -Bonnie I_ Walton- June 7, 2010 APPEAL FILED BY:. Robert Wilson RE: Appeal of -Hearing Examiner's decision -regarding the Wilson Park Preliminary Plat th application, -located at 720 S.55. Street. (File No. Lf3A-09-14D PP, ECF To Parties of Record: Pursuant to Trtle IV, Chapter B, Renton Crty-Code of Ordinances, written ap�pea'l of the. hearing_ examiner'sde ;.sign on the Wilson Park,Prelirninary Plathas been filed with.the City Clerk. In accordance with Renton Municipal Code Section 4-8.110F, within'five days of receipt of the potiee of appeal, or after all appeal periods with the Hearing Examiner have expired, ' the City Clerk shall nptify all parties of record of the receipt of the ,appeal. Other parties of record may submit letters limited. to support of their positions' regarding the appeal within ten (10) days of th'e date of mailing of this notification. The deadline'for submission of.additional letters is by- SsQU p.m., Thursday, June 17, 2019. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will b-e reviewed by the Council's Planning and Development Committee at 3:00 p.m: on July S, 2010, in 'the .Council Chambers, 7th Floor of Renton' City Hall, 1055 South Grady Way; Renton, Washington 99057:'.The:recommendation-ofthe Committee will, be presented for consideration b,ythefull Council.at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code.regarding.appeal of Hearing -Examiner decisions or recomm-endations is attached. Please.note that the City C6uncil will be considering the merits of the appeal based upon the written record .previously established. Unless -a showing can be made that additiorial-evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner; no further -evidence or testimony on this matter will be accepted by the-.ety Council: - For additional information or assistance, please tail me at 475-430-6510_ Sincerely, . Bonnie I. -Walton. City Clerk Attachments 1055 South Grady Way • Renton, Washington 9.8057 • (425) 434-5510 / Fax (425) 430-5716 + rentonwa.gov Jennifer Henning Kayren Kittrick Development Services Development Services Shupe Holmberg Baima &Holmberg Vincent Gegliah 11410 NE 124 St, Ste 590 100 Front St IKirkland, WA 98034 Issaquah, WA 98027 Moin Kadri Ravinder & Jasbir Alurwalia 19213 Kenlake PI NE 730 S 55th St Kenmore, WA 98028 Renton, WA 98055 Robert Thomas Michael Link 18833 102"d Av SE 19249 98th PI S Renton, WA 98055 Renton, WA 98055 Khanh Nguyen Steve McNamee 616S53'dP1 701S52"dSt Renton, WA 98055 Renton, WA 98055 Robert Wilson 21703 60th St East Lake Tapps, WA 98391 Paul Witt 617 S. 53Td PI Renton, WA 98055 Steven Beck Amberwood LLC 4735 NE 4tn St Renton, WA 98059 Quang Dang & Kim Duong 623 S 53rd PI Renton, WA 98055 June 7, 2010 APPEAL FILED BY: Robert Wilson RE: Appeal of Hearing Examiner's decision regarding the Wilson Park Preliminary Plat application, located at 720 S 551h Street. (File No. LUA-09-140 PP, ECF) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Wilson Park Preliminary Plat has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, within five days of receipt of the notice of appeal, or after all appeal periods with the Hearing Examiner have expired, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions regarding the appeal within ten (10) days of the date of mailing of this notification. The deadline for submission of additional letters is by 5:00 p.m., Thursday, June 17, 2010. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee at 3:00 p.m. on July 8, 2010, in the Council Chambers, 7th Floor of Renton City Hall, 1055 South Grady Way, Renton, Washington 98057. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code regarding appeal of Hearing Examiner decisions or recommendations is attached. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please call me at 425-430-6510. Sincerely, Bonnie I. Walton City Clerk Attachments APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION APPLICATION NAME Filson Park Preliminary Plat FILE NO. LUA09-140,ECF, PP The undersigned interested party hereby files its Notice of Appeal from the decision or recommendatiR�,qf�tcee Land Use Hearing Examiner, dated may 18 & April 1 20 10 CIO-4 41 I. IDENTIFICATION OF PARTY APPELLANT: Name: Robert Wilgor Address: 21708 60th Street E Lake Tapes, WA 98391 Phone Number: 253--862-7285 Email: REPRESENTATE (IF ANY): Uln' ERASO IVFFtCE Name: Jay Derr' GgXaonDerr LLP Address: 2.025 ' First Ave., Suite 500 Seattle, WA 98121 Phone [Number: 2o6-382-954o 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: No_ i Error: "Proposed Lot 12 should be eliminated from the plat and its _ natural features and slo e reserved." Correction: Proposed Lot 12, as modified by the applicant in its reconsideration request dated A ril 6 2010 is hereby approved. Other: Hearing Examiner's Decision on Reconsideration No. NSA Error. Denial of reconsideration concerning the elimination of proposed Lot 12 from the plat. Correction: eliaLaary Plat. 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief - (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: . Remand to th" E-aminer for further consideration as follows: Other: , �- Jay P. Derr Appellan epre ntative gnature Type/Printed Name Date NOTE: P ase refer to Title IV, Chap 8, of the R2 ton DUNtf`1a Municipal Cod and Section 0 U -1110 , for specific appeal procedures D CE t City of Renton Municipal C(,- ,; Title IV, Chapter 8, Section 110 - Appe.. 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council -- Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6_ Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050172 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) EAL TO RENTON CITY COUNC OF HEARING EXAMINER'S DECISION/RECOMMENDATION APPLICATION NAME FILE NO The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated 20 1. IDENTIFICATION OF PARTY APPELLANT: Name: 2 Address: Phone Number: Email: REPRESENTATIVE (IF ANY): Name: Address: Phone Number: Email: SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: No_ Error: Correction: Other: No, Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other: Appellant/Representative Signature Type/Printed Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal procedures. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r�EC�-i11�f] ''iTi ti LERK'S OFFICE BEFORE THE RENTON CITY COUNCIL STATE OF WASHINGTON In the Matter of the: } } WILSON PARK PRELIMINARY PLAT } No. LUA09-140, ECF, PP APPLICATION } } APPLICANT ROBERT For a Preliminary Plat for a Subdivision } WILSON'S APPEAL STATEMENT i I. INTRODUCTION Pursuant to Renton Municipal Code 4-8-110(F), Applicant Robert Wilson (the "Applicant") respectfully submits this appeal statement in support of its appeal of the Hearing Examiner's decision to eliminate Lot 12 from Applicant's Wilson Park Preliminary Plat, File No. LUA09-140, PP, ECF, including his Decision on Applicant's Request for Reconsideration dated May 18, 2010 (the "Reconsideration Decision")' and his underlying Findings, Conclusions, and Recommendation dated April 1, 2010 (the "Original Decision")2 (collectively, the "Decisions"). The Reconsideration Decision is attached hereto as Attachment 1. The Original Decision is attached hereto as Attachment 2. APPLICANT'S APPEAL STATEMENT - 1 Go donDerf, 2025 Furst Avenue, Suite 500 Seattle, WA 98121-3140 =6) 362-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In his Decisions, the Hearing Examiner erroneously rejects the Planning Director's Administrative Policy/Code interpretation regarding the Talbot Urban Separator open space requirements dated January 14, 2010 (hereinafter the "Talbot Road Urban Separator Code Interpretation")'. Moreover, without basis in the facts or the requirements of City policy or code, the Hearing Examiner eliminated Lot 12 from the preliminary plat, contrary to the staff s recommendation, based on visual impacts to adjoining property owners to the west of the site and vague concerns regarding "appropriate density" in the Urban Separator portion of the lot. The Hearing Examiner's Decisions constitute an improper collateral attack on the Talbot Road Urban Separator Code Interpretation; are based on a flawed interpretation of the City of Renton's Urban Separator Overlay regulations (RMC 4-3-110); and are inconsistent with the City's standards for preliminary plat decisions. As such, the Hearing Examiner's Decisions are based on "substantial error[s] in fact and law"' and the Applicant respectfully requests that the Renton City Council ("City Council") modify both the Hearing Examiner's Decisions and approve inclusion of Lot 12 of the Wilson Park Preliminary Plat as part of the City's preliminary plat approval. 11. ASSIGNMENT OF ERRORS The Applicant hereby specifically assigns error to the following conclusions, recommendations, and decisions of the Hearing Examiner: (1) Original Decision, Conclusion #1; (2) Original Decision, Conclusion #5; (3) Original Decision, 3 Talbot Road Urban Separator Code Interpretation is attached hereto as Attachment 3. 4 RMC 4-8-11 O(F)(7), (8). APPLICANT'S APPEAL STATEMENT - 2 Gordon0e .. 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 (206) 382-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Recommendation #3; and (4) the Reconsideration Decision in its entirety. For the reasons discussed in length below, the Hearing Examiner erred in excluding Lot 12 from the Wilson Park Preliminary Plat Approval. First, the Hearing Examiner's Decisions constitute an improper collateral attack on the Talbot Road Urban Separator Code Interpretation that is barred by both the City's statutory 14-day appeal period for code interpretations (RMC 4-8-110) and the state's Land Use Petition Act. Second, the alternative interpretation of the Urban Separator regulations adopted in the Hearing Examiner's Decisions conflicts with both the legislative intent behind RMC 4-3-110 and the basic rules of statutory construction. Third, if the Planning Director's Talbot Road Urban Separator Code Interpretation is overturned, the Urban Separator regulations may violate RCW 82.02.020. Last, as modified in the Applicant's request for reconsideration,' Lot 12 resolves all of the concerns raised in the Hearing Examiner's Original Decision (i.e., visual impacts, significant tree retention, excessive grading, and retaining wall height) and meets the City's zoning, subdivision, and development regulations. Thus, in reaching his decision to exclude Lot 12, the Hearing Examiner made substantial errors in fact and law, which the Applicant respectfully requests the City Council modify by approving the Wilson Park Preliminary Plat with Lot 12. III. FACTS The Wilson Park Preliminary Plat site consists of 2.5 acres split up between the R- 14, R-1, and R-8 Zones.' The R-1 zoned portion of the site coincides with the Talbot Road s See Attachment 5. See Wilson Park Preliminary Plat application submittals attached hereto as Attachment 6. APPLICANT'S APPEAL STATEMENT - 3 2025 First Avenue. Suite 500 Seattle, WA 98121-3140 (206) 382-954C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Urban Separator depicted in RMC 4-3-110(C)(2). The City has two Urban Separator 11 areas: May Valley and Talbot Road. See RMC 4-3- 110. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation; whereas, in the Talbot Road Urban Separator, only portions of properties are within the Urban Separator. RMC 4-3-1 10(E)(2)(a) requires properties located within the Urban Separator to II dedicate 50% of the gross land area of the parcel or parcels as a non -revocable open space tract. In May Valley, since the entire property is designated Urban Separator, the dedication of 50% of the gross site area is required. In the Talbot Road Urban Separator, however, where only a very small portion of the site may be designated Urban Separator, the City has determined it is inequitable to require that 50% of the gross site area be retained.' Here, for instance, only 23,795 square feet of Wilson Park Preliminary Plat's 2.5-acre lot is designated Urban Separator. Fifty percent of that area would require 11,898 square feet of open space. Fifty percent of the gross site, however, is 54,442 square feet — more than twice the actual land area actually located within the Talbot Road Urban Separator. Instead, on January 14, 2010, following the Applicant's submittal of its preliminary plat application, the Planning Director issued the Talbot Road Urban Separator Code Interpretation. The interpretation states: Urban Separator regulations require dedication of 50% of designated properties gross area as open space. For properties in May Valley, where the entire site is within the Urban Separator, this is appropriate. However, See Attachment 6. APPLICANT'S APPEAL STATEMENT - 4 6, W6, Derr . 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 (206) 382-9540 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for properties in the Talbot area, where only a portion of the site is designated Urban Separator, the requirement for dedication of 50% of the area as open space is a hardship. By requiring 50% of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley areas. Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space, rather than 50% of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator, in order to create a contiguous open space corridor.' This Talbot Road Urban Separator Code Interpretation was posted on the City's website; formal comment and appeal periods were published; no appeals of this interpretation were filed; and the interpretation is currently pending before the City's Planning Commission as part of the 2010 annual docket list to be codified in the Renton Municipal Code next year. Pursuant to this code interpretation, the Applicant is required to dedicate 11,898 square feet of open space; however, the open space actually provided in the Wilson Park Preliminary Plat exceeds this requirement by more than 1,000 square feet.' In its Preliminary Report to the Hearing Examiner dated March 9, 2010 (the "Preliminary Report"), the City's Department of Community and Economic Development recommended approval of the Wilson Park Preliminary Plat containing 12 lots and 3 tracts for open space," The Preliminary Report concluded that the 12-lot Wilson Park Preliminary Plat complied with the City's preliminary plat criteria; Renton Comprehensive Plan designation; underlying zoning designation; and subdivision ft Id 9 Department of Community and Economic Development's Preliminary Report to the Hearing Examiner dated March 9, 2010, attached hereto as Attachment 4, at p. 9. 10 See Attachment 4. APPLICANT'S APPEAL STATEMENT - 5 GordonDe�. 2025 First Avenue, Suite 500 Seattle, WA 95121-3140 (206) 382-9540 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regulations." The Hearing Examiner, however, rejected the Department's recommendation and, instead, recommended that the City Council approve the Wilson Park Preliminary Plat with only eleven lots.''- The Hearing Examiner based his decision to eliminate Lot 12 on the following criteria: Lot 12 sacrificed too much of the natural terrain of the area designated Talbot Road Urban Separator (even though it exceeded the amount of open space required under the Talbot Road Urban Separator Code Interpretation); elimination of Lot 12 preserved the site's natural features and slope; Lot 12 made the plat "excessively dense"; and the 20-foot retaining walls necessary to create Lot 12 imposed visual impacts on adjoining property owners directly to the west of site." On April 6, 2010, the Applicant submitted a timely reconsideration request to the Hearing Examiner. In an attempt to address the concerns of the Hearing Examiner as stated in his Original Decision, the Applicant's reconsideration request submittal relocated Lot 12 to the east (hereinafter "Modified Lot 12") and placed the open space easement on the west side of Modified Lot 12." The relocation of Modified Lot 12 : (1) substantially reduced the length of the wall along the east property line of Geneva Court Lots 13-16 from 200 feet to 55 feet and shifted the wall further to the east to reduce impacts to adjoining property owners; (2) replaced the 20-foot retaining wall with two stepped rockeries of 6-Meet and 8-feet in height significantly reducing the visual impact of the retaining walls to the westerly adjoining property owners; (3) increased the number of ' ` Id. 12 See Attachment 2, p. 11. 13 Id. 'a See Reconsideration Request and enclosures dated April 6, 2010, attached hereto as Attachment 5. APPLICANT'S APPEAL STATEMENT - 6 Won err. 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 (2H] 362-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 significant trees to be retained on site from 15 to 24; and (4) substantially reduced the grading on Modified Lot 12 leaving most of the proposed open space easement undisturbed native vegetation. Despite these changes to the Wilson Park Preliminary Plat and Modified Lot 12, the Hearing Examiner again refused to allow the inclusion of Modified Lot 12 in the Wilson Park Preliminary Plat. Instead of approving Modified Lot 12, the Hearing Examiner explicitly rejected the City's Talbot Road Urban Separator Code Interpretation as "inappropriate" and held that the Urban Separator portion of Wilson Park Preliminary Plat should remain as "natural as possible."" The Hearing Examiner's Decisions should be modified to authorize inclusion of Modified Lot 12 in the Wilson Park Preliminary Plat for the following reasons: (1) the Hearing Examiner's Decisions are improper collateral attacks on the Planning Director's Talbot Road Urban Separator Code Interpretation; (2) the Hearing Examiner's Decisions are based on an invalid interpretation of the City's Urban Separator regulations; (3) without the Planning Director's Talbot Road Urban Separator Code Interpretation, the City's Urban Separator regulations may violate RCW 82.02.020; and (4) the Wilson Park Preliminary Plat complies with the City's Comprehensive Plan policies and code requirements. 15 Attachment 1 at p. 1. APPLICANT'S APPEAL STATEMENT - 7 GaR ' oinDerf.. 2025 First Avenue, Suite 500 Seattle, WA 98121-AI40 {206) 382-9540 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TV. LEGAL ARGUMENT A. The Hearing Examiner's Decisions Constitute an Improper Collateral Attack on the Planning Division's_ Code Interpretation. Washington case law is clear that a land use decision that is not timely appealed may not be collaterally attacked in a later proceeding. " Renton provides a formal comment period and a 14-day appeal period for administrative code interpretations. See RMC 4-8-110. Here, the Planning Director issued the Talbot Road Urban Separator Code Interpretation on January 14, 2010." The formal code interpretation and its appeal period were published on the City's website. The appeal period expired on January 28, 2010.`g Thus, any appeals filed after those dates are untimely and prohibited under Washington's Land Use Petition Act ("LUPA"). Moreover, the Washington Supreme Court has previously held that an issuing locality cannot collaterally attack the validity of its own land use decisions outside the LUPA 21-day appeals period. Chelan Countv ►>. Nykreim, 146 Wn.2d 904 (2002). In Nykreim, Chelan County's own planning director erroneously approved a boundary line adjustment (" BLA") that was contrary to law in that it created three lots out of one, 6 See Land Use Petition Act (' t.UPA"), RCW Chapter 36.70C; see also Habitat Watch v. Skagit County, 155 Wn.2d 397, 410-11 (2005) (holding that a challenge to a grading permit was an unacceptable collateral attack on the issuance of an improperly granted special use permit); see also Samuel 's Furniture, Inc. v. Dep 't of Ecology, 147 Wn.2d 440, 54 P.3d 1194 (2002) (Department of Ecology is barred from collaterally attacking the city's allegedly improper determination that the property was outside its shoreline jurisdiction or not subject to Shoreline Management Act jurisdiction through a later enforcement action); Chelan County v..1VOreim, 146 Wn.2d 904, 52 P.3d 1 (2002) (holding that L.UPA's statutory time limits prevent the county from revoking an improperly granted boundary line adjustment), Wenatchee Sportsmen Assn v. Chelan County, 141 Wn.2d 169, 4 P.3d 123 (2000) (holding that a challenge to a development permit was an improper collateral attack on the improper rezone of the area in violation of the Growth Management Act). " See Attachment 3. a No appeals were filed during the applicable appeal period_ APPLICANT'S APPEAL STATEMENT - 8 Goh Ad"" O'r'.. 2a25 First Avenue, Suite 500 Seattle, WA 99121-3140 (206) 382 9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 instead of simply adjusting the boundary lines of existing lots. Id. at 911-12. Fourteen months after approving the BLA, the County discovered the mistake and challenged the decision in superior court. Id. at 914. The Court found that because Chelan County failed to timely appeal an erroneous land use decision made by its own planning director, it could not file an action for declaratory relief challenging the BLA granted to the applicant even though it contravened county code. Id. Finally, both Habitat Watch and Wenatchee Sportsmen Assn v. Chelan County, 141 Wn.2d 169, 4 P.3d 123 (2000) support the argument that the City's code interpretations cannot be collaterally attacked in a different City decision. See Habitat Watch, 155 Wn.2d at 410-411 ("Because appeal of the special use permit and its extensions are time barred under LUPA, Habitat Watch cannot collaterally attack them through its challenge to the grading permit"); Wenatchee Sportsmen, 141 Wn.2d at 173 ("WSA's failure to file a timely LUPA challenge to the rezone bars it from collaterally challenging the validity of the rezone in this action opposing the project application"). The Hearing Examiner's Decisions are essentially an untimely collateral attack on the Talbot Road Urban Separator Code Interpretation. The Hearing Examiner cites no authority in his Decisions that permits the rejection of a formally adopted code interpretation. The Hearing Examiner himself admits in his Reconsideration Decision that the "interpretation appears to permit development of [Modified] Lot 12." The Applicant respectfully requests that the City Council correct the Hearing Examiner's LUPA APPLICANT'S APPEAL STATEMENT - 9 o1AonDe �, 2025 First Avenue, Suite 500 Seattle, wA 98121.-3140 (206) 382-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 violation, reaffirm the Talbot Road Urban Separator Code Interpretation, and modify the Wilson Park Preliminary Plat approval to include Modified Lot 12. B. Even if the Hearin Examiner Could Contest the Talbot Road Urban Se arator Code Interpretation, City Staff s Interpretation is Correct. Consistent with the Planning Director's code interpretation, the Urban Separator Regulations can only reasonably be interpreted to apply to the portion of the Wilson Park Preliminary Plat subject to the overlay. The mere fact that the City Council chose to zone only part of the Wilson Park Preliminary Plat site R-1 evidences that this was the legislature's intent and supports staffs interpretation. R-8 zoning is not an urban separator zone." Had the City Council wanted the entire lot to be subject to the Urban Separator regulations, and, more specifically, RMC 4-3-100(E)(2)(a)'s 50% gross site area requirement, it would have zoned the entire site R-1 instead of zoning the majority of the parcel R-8. Moreover, substantial weight is given to the agency's interpretation of the statutes it administers which are within the agency's specialized expertise. Manke Lumber Co. v. Diehl, 91 Wn.App. 793, 802, (1998). An agency's interpretation will be upheld if it is a plausible construction of the statute or rule. Seatoma Convalescent Or v. Dep 't of Soc. & Health Servs., 82 Wn.App. 495, 518 (1996). Here, the Planning Director's interpretation of RMC 4-3-110 is entitled to deference. In contrast, the Hearing Examiner's interpretation of the City's Urban Separator regulations conflicts with the actual language of RMC 4-3-1 10. In his Decisions, the " Renton Comprehensive Plan, Policy LU-147, p. IX-26. APPLICANT'S APPEAL STATEMENT - 10 GofdonDe" ir, 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 t296) 362-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hearing Examiner concludes that the Urban Separator designated portion of the Wilson Park Preliminary Plat site should remain undeveloped. See Attachment 1; see also Attachment 2, Conclusion #1 . This effectively means that 100% of the property located within the Talbot Road Urban Separator should be dedicated as non -revocable open space tract. A 100% requirement is notably absent from RMC 4-3-110, and is, in fact, directly contradictory to the 50% dedication requirement found in RMC 4-3-1 10(E)(2)(a). A legislative body is presumed not to include unnecessary language when it enacts legislation. See Davis v. State ex rel. Dept of'Licensing, 137 Wn.2d 957, 969 (1999) ("A fundamental canon of construction holds a statute should not be interpreted so as to render one part inoperative."); Judd v. Am. TeL & Tel. Co., 152 Wn.2d 195, 202 (2004) (no portion of a statute shall be rendered meaningless or superfluous through interpretation). A statutory interpretation that conflicts with a statute is given no deference. Nelson v. Appleway Chevrolet, 160 Wn.2d 173, 184 (2007). Here, the interpretation of RMC 4-3- I I O(e)(2)(a) put forward by the Hearing Examiner conflicts with its 50% dedication requirement, or, at best, renders it inoperative. Thus, it must be rejected. C. Without the Limitation in the Planning Director's Code InteEpretation, the Cit 's Urban Separator Regulations May Violate RCW 82.02.020. Washington courts have looked critically at regulations that impose across-the- board open space requirements or clearing Iimitations that are not directly related to the level of development or impacts created by a specific development proposal. See, e.g., Isla Verde Int'l Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 759 (2002) ("Isla Verde") (where Supreme Court rejected an ordinance that imposed a 30% open space requirement APPLICANT'S APPEAL STATEMENT - 11 GordonDerr,. 2025 First Avenue, Suite 500 Seattle, WA 99121-3140 (206) 382-954U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on all proposed subdivisions); Citizens' Alliance v. Ron Sims, 145 Wn.App. 649 (Div. 1, 2008), cert. denied, 203 P.3d 378 (2009) ("Citizens' Alliance") (where the Court of Appeals held a King County ordinance that limited clearing on rural property to a maximum of 50% violated RCW 82.02.020). Those courts have invalidated such regulations as a violation of RCW 82.02.020, a statutory prohibition on any "tax, fee, or charge, either direct or indirect," on the construction or reconstruction of buildings or on the development, subdivision, classification, or reclassification of land. The Urban Separator open space requirement, particularly if imposed on the Wilson Park Preliminary Plat parcel without the limitation identified in the Planning Director's code interpretation, would run afoul of the legal limitations discussed in Isla Verde and Citizens' Alliance. The Talbot Road Urban Separator Code Interpretation, applying the Urban Separator open space requirement on only that portion of the parcel located within the Urban Separator zone, strikes a more appropriate and reasonable limitation on the requirement that reduces the City's vulnerability in imposing this requirement on parcels such as the Wilson Park Preliminary Plat parcel. Appellant has previously, and continues to, express his willingness to comply with the Urban Separator open space requirement, provided it only applies to that portion of the parcel located within the Urban Separator zone, thus allowing the City to include Modified Lot 12 within the Wilson Park Preliminary Plat approval. APPLICANT'S APPEAL STATEMENT - 12 Gordo iI rr.. 2025 First Avenue, Suite 500 Seattle, WA 9a121-3140 (206) 3A2-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D. The Modifications to Lot 12 Proposed by the Applicant in his Request for Reconsideration Address the Concerns Raised by the Hearing, Examiner in his Original Decision. - As summarized in Section III entitled "FACTS" above, the Applicant in his Reconsideration Request2l sought to address all of the Lot 12 concerns raised in the Hearing Examiner's Original Decision. By modifying the location of Lot 12 and its associated open space area, the Applicant reduced the length of retaining walls required and shifted a wall farther to the east to further reduce impacts to adjoining property owners; reduced visual impacts by replacing a 20-foot retaining wall with two stepped up rockeries 6-feet to 8-feet in height; retained more significant trees; and substantially reduced the amount of grading required within the portion of the site designated Urban Separator.'' Indeed, the Hearing Examiner recognized in his Reconsideration Decision that shifting the location of Modified Lot 12 "does reduce the impact on the properties to the west."' Further, modifications to Lot 12 bring the Wilson Park Preliminary Plat even more into conformance with Community Design Element, Policy CD-121, which encourages developers to adjusting site plans to preserve slopes, trees, and vegetation. While RMC 4-7-130(C)(1)(B) prohibits the creation of a lot that primarily has slopes forty percent (40%) without adequate area at lesser slopes upon which development may occur, this prohibition is inapplicable to Modified Lot 12 — it does not have slopes over 40% and 20 See Attachment 5. '' Id. 22 Attachment 1, p. 1. 2' Renton Comprehensive Plan, Community Design Element, Policy CD-1. p. IV-2, APPLICANT'S APPEAL STATEMENT - 13 GordonOerr. 2025 First Avenue, Suite 500 Seattle, WA 96121-3140 (206) 362-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 has adequate area for a house site. Last, there is no provision within the City's regulations that limit the use of retaining walls. In addition to the issues resolved above, the Hearing Examiner's Original Decision, without any analysis or support, raised the appropriateness of the density proposed in the Wilson Park Preliminary Plat application. The lots in the Wilson Park Preliminary Plat range from 4,500 to 13,006 square feet with an overall density of 7.99 dwelling units per acre. Staff concluded that the 12-lot Wilson Park Preliminary flat complied with the City's underlying zoning designation. See Attachment 4 at pp. 6-7. Moreover, proposed Lots 8 through 11 are wider than required by the City's regulations (60 feet versus 50 feet) in order to meet the intent of RMC 4-7-220(C)(4) and Housing Element Policy H-924, which recommends larger lots in steeper parts of subdivision sites. Thus, there is no evidence in the record that the proposed density of the 12-lot Wilson Park Preliminary Plat violates the City's applicable development regulations. For these reasons, the Hearing Examiner had no basis in the record or the law to eliminate Modified Lot 12 from the Wilson Park Preliminary Plat approval based on compliance with the City's comprehensive plan policies and code requirements including density, lot dimensions, building standards, open space, and setbacks. V. CONCLUSION For the foregoing reasons, Applicant respectfully requests that the City Council modify both the Hearing Examiner's Decisions, affirm the Talbot Road Urban Separator Code Interpretation issued by the staff on January 14, 2010, and approve the Modified Lot 34 Renton Comprehensive Plan. Housing Element, Policy H-9, p. VII-8. APPLICANT'S APPEAL STATEMENT - 14 GoE<ffl on0err- 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 f20C 382-9540 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 12 of the Applicant's Wilson Park Preliminary Plat as shown in the Applicant's reconsideration request dated April 6, 2010.2S DATED this 1 st day of June, 2010. GORDONDERR LLP By Jay P. D rr, WSBA # 12620 Megan Nelson, WSBA # 37996 Attorneys for Applicant Robert Wilson 2 5 Attachment 5. APPLICANT'S APPEAL STATEMENT - 15 60aonDer .. 2025 First Avenue, Suite 500 Seattle, WA 99123-314p (206) 382-9540 Clerk's Office Distribution List Appeal, Wilson Park Preliminary Plat Located at: 720 S 5S h St File No. LUA-09-140, PP, ECF June 1, 2010 1 Renton Reporter 1 City Attorney Larry Warren 1 City Council * Julia Medzegian 1 CED Alex Pietsch 1 Mayor's Office (Assistant CAO) Marty Wine 1 Assistant Fire Marshal David Pargas 1 Planning Commission Judith Subia 14 Parties of Record** (see attached list) 1 PW/Administration Gregg Zimmerman b CED/Development Services Neil Watts Jennifer Henning Stacy Tucker Kayren Kittrick Janet Conklin Larry Meckling 1 PW/Transportation Services Rich Perteet 1 PW/Utilities & Tech Services Lys Hornsby 1 1 LUA-08-097 i *City Clerk's Letter & POR List only Jennifer Henning Kayren Kittrick Development Services Development Services Shupe Holmberg Vincent Geglia Baima &Holmberg h 11410 NE 124 5t, Ste 590 100 Front St IKirkland, WA 98034 Issaquah, WA 98027 Moin Kadri Ravinder & Jasbir Alurwalia 19213 Kenlake PI NE 730 S 55" St Kenmore, WA 98028 Renton, WA 98055 Robert Thomas Michael Link 18833 102nd Av SE 19249 98th PI S Renton, WA 98055 Renton, WA 98055 Khanh Nguyen Steve McNamee 616 S 53`d PI 7015 52nd St Renton, WA 98055 Renton, WA 98055 Robert Wilson 21703 60th St East Lake Tapps, WA 98391 Paul Witt 617 S. 53`d PI Renton, WA 98055 Steven Beck Amberwood LLC 4735 NE 4th St Renton, WA 98059 Quang Dang & Kim Duong 623 S 53`d PI Renton, WA 98055 y CITY OF RENTON Urn O� City Clerk Division + + 1055 South Grady Way Renton, WA 98057 425-430-6510 Receipt Date ❑,.,rCash El Copy Fee El Notary Service l� Check No. r t ❑ Appeal Fee ❑ Description: 1+ ' Funds Received From: Name Address City/Zip 150-3 Amount $ r Ci Staff Sikizature rIL GORDONDERR LLP 35786 CHECK DATE DESCRIPTION INVOICE # AMOUNT DEDUCTION NET AMOUNT 510 City of Renton 05/27/10 City of Renton - 2321.1 - Appellate Fees 250.00 250.00 CHECK DATE CONTROL NUMBER 05/27/10 35786 TOTALS Gross: 250.00 Ded: 0.00 Net: 250.00 35786 GordonDerr. 2025 First Avenue, Suite 500 Seattle, Washington 98121- 1-3140 ATTORNEYS AT LAW (206)382-95Q PAY TO THE ORDER OF City of Renton BANK OF AMERICA WA 19-2-1250 DATE 05/27/10 *** TWO HUNDRED FIFTY & 001100 DOLLARS 00 3 5 78 611' 1: L 2 50000 2 to: L 6 300 10 Slim CHECK AMOUNT 35786 ****$250.00 C AUTHORIZED SIGNATURE r. 0 5 M E A D No. 2B21 FD5 UPC 35650 smead.com • Made in USA Lzty o Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/ CODE INTERPRETATION MUNICIPAL CODE SECTIONS: RMC 4-3-110, Urban Separator Overlay Regulations. REFERENCE: Wilson Park Preliminary Plat (LUA09-140, PP, ECF) SUBJECT: Determination regarding dedication of open space requirements for properties within the Talbot Urban Separator. BACKGROUND: The City received an application for a development proposal on a 2.5 acre site in the R-14, R-1, and R-8 Zones. The site includes a portion of the Talbot Urban Separator, which is an overlay intended to create contiguous open space corridors within and between urban communities, which provide environmental, visual, recreational and wildlife benefits. The purpose of the Urban Separator is also to protect resources and environmentally sensitive areas - There are two Urban Separator areas: May Valley and Talbot Road. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation. However, in the Talbot area, only portions of properties are within the Urban Separator, and these are generally portions of the property containing steep slopes- Properties located within the Urban Separator are required per RMC 4-3-110.E.2.a to dedicate 50% of the gross land area of the parcel or parcels as a non - revocable open space tract. In May Valley, since the entire property is designated Urban Separator, the dedication of 50% of the gross site area is appropriate. However, in the Talbot Urban Separator where only a very small portion of the site is designated Urban Separator, it is inequitable to require that 50% of the gross site area be retained. JUSTIFICATION: Urban Separator regulations require dedication of 50% of designated properties gross area as open space. For properties in May Valley, where the entire site is within the Urban Separator, this is appropriate. However, for properties in the Talbot area, where only a portion of the site is designated Urban Separator, the requirement for dedication of H:\CED\Planning\Title lV\Docket\Administrative Policy Code Interpretation\CI-06\Code lnterpretation.doc Page 1 of 2 50% of the area as open space is a hardship. By requiring 50% of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley areas. DECISION: Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space, rather than 50% of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator, in order to create a contiguous open space corridor. PLANNING DIRECTOR APPROVAL: C. E. "Chip" Vincent DATE: January 14, 2010 APPEAL PROCESS: To appeal this determination, a written appeal —accompanied by the required filing fee --must be filed with the City's Hearing Examiner (1055 S. Grady Way, Renton, WA 98057) no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: RMC 4-3-110.E.2 should be amended to read as shown on Attachment A. CI-06 Page 2 of 2 Attachment A RMC 4-3-11O.E. 2. Dedication of Open Space Required. a. Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valley Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of the parcel or parcels as a non -revocable open space tract retained by property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviewing official, Approval of a plat and/or building ermit on an undeveloped le ai lot in the Talbot Urban Separator Overlay shall require dedication of.fifty „percent (50%) of the cross land area of that portion of the parcel or parcels located within the Urban Separator as a non - Acreage in tracts may Include critical areas and/or erl;Tarea_-fffErs.- At a minimum, open space shall be connected to another contiguous qp space pares a fifty foot (50') corridor. b. Existing residences, existing accesso�ffivses and structur_eEE�existing above ground utilities located in the tract at the time of desiEffa,.ton and new small aniedium utilities shal[ not count toward the fifty percent (50%) gross T __ rea calculation for opf pace except for storm water ponds designed with less than 3:1 e�i�it tieredue, C,s, jes and enh 1aad per techniques and landscape requirements set forth. -in the pub] ica5rn egrated Pond"'IM11 County Land and Water Resources Division. W c. Approval of a building per ar: i;,addition ofi = hundred (300) square feet for a primary use structure or five hundred (58 sq aa,V feet for a a` cessory structure shall require recordation of a conservation easement; gmtectiv'a Qment 6—r-Tract and deed restriction on critical areas and cdti fers Iocat :within catiguorl pen space corridor pursuant to RMC 44- f�1 4, "l t re Growtl i.ote i&r� Ar w d. Land dedR�j.ad as opeace shag �'cated witlthe mapped contiguous open space corridor unless d-�dlficatic s approvd- rsuant to subsection E6 of this Section. Denis Law City Of J Mayor 0��t ; March 9, 2010 Department of Community and Economic Development Alex Pietsch, Administrator Shupe Holmberg Baima & Holmberg Inc. 165 NE Juniper Street #201 Issaquah, WA 98027 SUBJECT: Wilson Park Preliminary Plat LUA09-140, ECF, PP Dear Mr. Holmberg: This letter is to inform you that the appeal period will end March 12, 2010 for the Environmental Review Committee's (ERC) Determination of Non -Significance - Mitigated for the above -referenced project. If no appeals are filed on t!-ie ERC determination by the appeal period end date the decision will become final. The applicant must comply with all ERC Mitigation Measures outlined in the Report and Decision dated February 22, 2010. A Hearing Examiner Public Hearing has been scheduled for March 16, 2010, where Site Plan Conditions may be issued. The applicant or representative(s) of the applicant are required to be present. Enclosed is a copy of the Preliminary Report to the Hearing Examiner for your review. If you have any questions, please feel free to contact me at (425) 430-7382. For the Environment:�� Review Committee, Cam, _5 / Gerald C. Wasser Associate Planner Enclosure cc: Robert Wilson / Owner(s) Steve Beck - Arnberwood LLC / Applicant Paul Witt, Ravinder & lasbir Aluwalia, Robert Thomas, Michael Link, Quang Dan & Kim Duong, Khanh Nguyen, Steve McNamee / Party(ies) of Record Renton City Hall • 1055 South Grady Way a Renton, Washington 98057 .• rentonwa.gov ATTACHMENT 4 0 DEPARTMENT OF COMMUNITY D o c1 of AND ECONOMIC DEVELOPMENT egt nQ 8 HEARING EXAMINER PUBLIC HEARING March 16, 2010 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The applicatlon(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Drofiak Apartments PROJECT NUMBER: LUA09-112, ECF, SA-M PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review and Environmental (SEPA) Review for the construction of a 3-story, approximately 33-foot tall multi -family apartment building. The 19,889 square foot site is located within the Residential Multi -Family (RMF) zoning designation. The proposed building would include 10,879 square feet of residential space within 8 residential units and an apartment leasing office. The applicant is proposing 16 parking stalls which would be located within a surface parking lot located north and west of the proposed building. Access to the site would be provided from SE Petrovitsky Rd via one existing curb cut. There are no critical areas located on site. PROJECT NAME: Wilson Park Preliminary Plat PROJECT NUMBER: LUA09-140, ECF, PP PROJECT DESCRIPTION: The applicant is requesting approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-iots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road, Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13% to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of South 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. HEX Agenda 3-16-10doc DEPARTMENT OF COMMUNITY � b c��yoft�� AND ECONOMIC DEVELOPMENT a HEARING EXAMINER PUBLIC HEARING March 16, 2010 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Drofiak Apartments PROJECT NUMBER: LUA09-112, ECF, SA-M PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review and Environmental (SEPA) Review for the construction of a 3-story, approximately 33-foot tall multi -family apartment building. The 19,889 square foot site is located within the Residential Multi -Family (RMF) zoning designation. The proposed building would include 10,879 square feet of residential space within 8 residential units and an apartment leasing office. The applicant is proposing 16 parking stalls which would be located within a surface parking lot located north and west of the proposed building. Access to the site would be provided from SE Petrovitsky Rd via one existing curb cut. There are no critical areas located on site. PROJECT NAME: Wilson Park Preliminary Plat PROJECT NUMBER: LUA09-140, ECF, PP PROJECT DESCRIPTION: The applicant is requesting approval of a Preliminary Plat for the subdivision of a 10S,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-iots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13% to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of South 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. HEX Agenda 3-16-10.doc PUBLIC City of Renton Department of Community and Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: PUBLIC HEARING DATE: March 16, 2010 Project Name: Wilson Park Preliminary Plat ApplicantlOwner: Robert Wilson; 21703 50th Street East; Lake Tapps, WA 98391 Contact: Shupe Holmberg; Baima & Holmberg Inc., 100 Front Street; Issaquah, WA 98027 File Number., LUA09-140, PP, ECF Project Manager., Gerald Wasser, Associate Planner Project Summary: The applicant is requesting approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 1.3,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13`Yo to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of South 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. Project Location: 720 South 55`h Street Project Location Map LUA09-140, ECF, PP City of Renton Community and Economic lopment Deportment P inary Report to the Hearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 36, .2030 Page 2 of 13 B. HEARING EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Vicinity Map (date stamped 10/16/09) Exhibit 3: Preliminary Plat Map (Baima & Holmberg Inc., Sheet 1/1, revised 01/11/10) Exhibit 4: Boundary/Topography Map, (Baima & Holmberg Inc., Sheet 1/5, revised 01/11/10) Exhibit 5: Generalized Utilities/Drainage/Control/Conceptual Grading/Landscaping Plant (Sheet 2/5, revised 01111/10) Exhibit 6: Road Profile (Baima & Holmberg Inc., Sheet 3/5, revised 01/11/10) Exhibit 7: Wall Profiles & Cross Sections, (Baima & Holmberg Inc., Sheet 4/5, revised 01/11/10) Exhibit 8: Tree Inventory, (Baima & Holmberg Inc., Sheet 5/5, revised 01/11/10) Exhibit 9: Zoning Map (Sheet 13, East %) Exhibit 10: Administrative Policy/Code Interpretation affecting Urban Separator Overlay Regulations, effective January 14, 2010 Exhibit 11: Street Modification letter, dated November 10, 2009 C. GENERAL INFORMATION. 1. Owner of Record: Richard Wilson 21703 601h Street East Lake Tapps, WA 98391 2. Zoning Designation: Residential —1 du/ac (R-1); Residential — 8 du/ac; Residential —14 du/ac (R-14); Urban Separator Overlay 3. Comprehensive Plan Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: North: East: South: West: 6. Site Area: D. HISTORICAL/BACKGROUND: Action Land Use File No. Annexation N/A Comprehensive Plan N/A Zoning Code N/A E. PUBLIC SERVICES: 1. Utilities: Residential Low Density (RLD); Residential Single Family (RSF); and, Residential Medium Density (RMD) Single-family home Vacant (R-1, R-8, and R-14 Vacant (R-4) Vacant and Single Family Home (R-1, R-8, and R-14) Single Family Residential Plat (Geneva Court, R-14) 2.49 acres (108,884 gross square feet) Ordinance No. 3268 5099 5100 Water: Water service is provided by Soos Creek Water and Sewer District. Date 12/13/78 11/01/2004 11/01/2004 LUA09-I40, ECF, PP City of Renton Community and Economic Development Department Preliminary Report to the Hearing Examiner VlrILSON PARK PRELIMINARYPLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 3 of 13 Sewer: Sewer service is provided by City of Renton. An 8-inch diameter sanitary sewer is required to be extended to serve the site. Surface Water/Storrn Water: Storm conveyance is City of Renton. 2. Streets: All streets are within the City of Renton. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Tables c. Section 4-2-110: Residential Development Standards d. Section 4-2-115: Residential Design and Open Space Standards 2. Chapter 4 Property Development Standards a. Section 4-2-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-"60: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-080: Detailed Procedures for Subdivision b. Section 4-7-120: Compatibility with existing Land Use and Plan — General Requirements and Minimum Standards c. Section 4-7-1.50. Streets — General Requirements and Minimum Standards d. Section 4-7-170: Residential Lots — General Requirements and Minimum Standards e. Section 4-7-220: Hillside Subdivisions S. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential Low Density; Residential Single Family; Residential Medium Density 2. Community Design Element: Natural Areas; Urban Separators; New and Infili Development: Site Planning; 3. Environmental Element: Storm Water; Steep Slopes, Landslide, and Erosion Hazards H. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant proposes subdividing an existing 2.49 acre parcel (APN 312305-9125) into 12 lots suitable for the eventual development of detached single family homes and 3 tracts for open space. The resulting parcels would range in size from 4,500 to 13,006 square feet. In addition, the applicant is also LUA09-140, ECF, PP Citrof Renton Community and Economic opment Deportment P nary Report to the Hearing Examiner WI"DN PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 16, 2010 Page 4 of 13 proposing that 4,884 square feet of proposed Lot 12 (which is within the Talbot Urban Separator) be designated as a Native Growth Protection Easement. The site is comprised of three zoning classifications: 27,156 square feet in the Residential -1 dwelling units per acre zone (R-1) ; 79,343 square feet in the Residential — 8 dwelling units per acre (R-8) zone; and, 2,384 square feet in the Residential —14 dwelling units per acre (R-14) zone. In addition, the Talbot Urban Separator Overlay is present and corresponds to the R-1 zoning in the western portion of the site. Overall density of the 12-lot proposal on the site would be 7.99 dwelling units per acre. Primary access to the site would be via a 50-foot wide access easement from South 55th Street. This access easement is approximately 300-feet in length and accesses the westerly portion of the site and is identified as "Road A" on the revised site plan. A secondary emergency access on the easterly side of the property is also proposed via a 30-foot wide access easement and continues to the northerly property line. This access is identified as "Road B" on the Preliminary Plat plan. A stormwater detention vault is proposed off -site and to be located under proposed Road A. The applicant is proposing grading involving 17,000 cubic yards of cut with a pproximately 6,000 cubic yards of it being used as structural fill material with the remainder to be exported. In addition, approximately 500 cubic yards of crushed rock fill would be imported to the project site for road construction. An existing single family residence (3,520 square feet) would be demolished to accommodate the proposed development. Because average slopes are in excess of 20 percent this project is considered a hillside subdivision. 2. Environmental Review Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on Feb 22, 2010, the Environmental Review Committee issued a Determination of Non -Significance Mitigated (DNS-M) for the Wilson Park Preliminary Plat. A 14--day appeal period commenced on February 26, 2010 and ended on March 12, 2010. No appeals of the threshold determination were filed as of the writing of this staff report. 3. Compliance with ERC Conditions Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measure with the Determination of Non -Significance — Mitigated: 1. The applicant shall place a note on the face of the plat which requires a 15-foot building setback line from the top of slopes which are 40% or greater. 2. The applicant will be required to comply with the recommendations contained in the Geotechnica) Engineering Study, prepared by Liu & Associates, Inc. dated February 20, 2009. 3. The applicant shall clearly mark and fence trees outside the construction area and replant exposed ground as soon as possible after construction activities. 4. That the applicant shall provide a Temporary Erosion and Sedimentation Plan designed pursuant to the 2005 Department of Ecology's Erosion and Sediment Control Requirements and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. LUA09-140, ECF, PP City of Renton Community and Economic Deveoopment Deportment Preliminary Report to the Hearing Examiner . WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Poge 5 of 13 S. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the Project Engineer of record to the Public Works inspector. 6. Grading and foundation activities shall be conducted during the dryer months of the year from April 1 through October 31 unless otherwise approved by the Development Services Division. 7. The final drainage report and design shall be subject to the 2009 King County Surface Water Design Manual. 8. The applicant shall be required to pay a Parks Mitigation Fee based on $530.76 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated to be $5,838.36. 9. The applicant shall be required to pay a Traffic Mitigation Fee based on $75.00 per each new average daily vehicle trip associated with the proposed project prior to recording of the final plat (with credit given for the existing house). The fee is estimated to be $7,895.25. 10. The applicant shall be required to pay a Fire Mitigation Fee based on $488.00 per each new single family Jot prior to recording the final plat (with credit given for the existing house). The fee is estimated at $5,368.00. 11. The applicant shall submit a sample board indicating the texture and tinting to be used on all visible surfaces of retaining walls for the review and approval of the Planning Division project manager prior to the issuance of construction permits. 4. Staff Review Comments Representatives from various departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency with Preliminary Plat Criteria Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Low Density (RLD), Residential Single Family (RSF), and Residential Medium Density (RMD) on the City's Comprehensive Plan Land Use Map. The proposal is consistent with all of the following Comprehensive Plan Land Use policies: Policy CD-1. Integrate development into natural areas by clustering development and/or adjusting site plans to preserve wetlands, steep slopes, and notable stands of trees or other vegetation. Natural features should function as site amenities. Use incentives such as flexible lot size and configuration to encourage preservation and add amenity value. ✓ Policy Objective Met 0 Not Met Policy CD-22. During land division, all lots should front streets or parks. Discourage single tier lots with rear yards backing onto a street. Where a single -tier plat is the only LUA09-140, ECF PP City of Renton Community and Economic Iopment Department P inary Report to the Hearing Examiner WIMN PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 16, 2010 Page 6 of 13 viable alternative due to land configuration, significant environmental constraints, or location on a principal arterial, additional design features such as larger setbacks, additional landscaping, or review of fencings should be required. a. Evaluation of land configuration should consider whether a different layout of streets or provision of alleys is physically possible and could eliminate the need for a single -tier plat. b. Evaluation of environmental constraints should consider whether the location and extent of critical areas prevents a standard plat design. c. Review of fencing should ensure that the development does not "turn its back" to public areas. ✓ Policy Objective Met ❑ Not Met Policy CD-25. Streets, sidewalks, and pedestrian or bike paths should be arranged an interconnecting network. Dead-end streets and cul-de-sacs should be discouraged. A grid or "flexible grid" pattern of streets and pathways, with a hierarchy of widths and corresponding traffic volumes, should be used. ✓ Policy Objective Met ❑ Not Met Policy CD-26. Interpret development standards to support plats designed to incorporate vehicular and pedestrian connections between plats and neighborhoods. Small projects composed of single parcels and/or multiple parcels of insufficient size to provide such connections, should include future street stubs. Future street connections should be clearly identified to notify residents of future roadway connections. ✓ Policy Objective Met ❑ Not Met Policy EN-28. Minimize on -site erosion and sedimentation during and after construction. ✓ Policy Objective Met ❑ Not Met Policy EN-71. Allow land alteration only for approved development proposals or approved mitigation efforts that will not create unnecessary erosion, undermine the support of nearby land, or unnecessarily scar the landscape. ✓ Policy Objective Met ❑ Not Met Policy LU-156. Residential Low Density areas may be incorporated into Urban Separators. ✓ Policy Objective Met ❑ Not Met Policy EN-28. Minimize on -site erosion and sedimentation during and after construction. ✓ Policy Objective Met ❑ Not Met 6j Compliance with the Underlying Zoning Designation The subject site is designated R-1, R-8, and R-14 on the City of Renton Zoning Map. The proposed development would allow for the future construction of 12 new single-family dwelling units. Density: The density permitted in the R-1 zone is a maximum of 1 dwelling per net acre (du/ac). The density range in the R-8 zone is a minimum oof 4.0 up to a maximum of 9_0 du/ac. The density range in the R-14 zone is a minimum of 10.0 and a maximum of 14.0 du/ac. Net density is calculated after public rights -of way, private access easements, and LUA09-140, ECF, PP City of Renton Community and Economic Development Department Preliminary Report to the Hearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP FCF PUBLIC HEARING DATE March 16, 2010 Page 7 of 13 critical areas are deducted from the gross acreage of the site. The net acreage of the R-1 area of the property is 0.3882 acre (23,795 sf — 5,927 sf of road area and 958 sf of steep slope area = 16,910 sf or 0.3882 ac); the net acreage of the R-8 portion of the property is 63,277 sf or 1.4526 ac (80,632 sf—17,355 sf of road area = 63,277 sf or 1,4526 ac); and the net acreage of the R-14 area of the property is 2,094 sf or 0.0481 acre (2,384 sf — 290 sf of road area = 2,094 sf or 0.0481 acre). The overall net density for the project is 7.99 du/ac. Lot Dimensions: Twelve lots and three tracts are proposed. The minimum lot size required in the R-1 zone is 1 acre or 10,000 sf for cluster developments; minimum lot width in the R- 1 zone is 75-feet for interior lots and 85-feet for corner lots and the minimum depth is 85- feet. The minimum lot size in the R-8 zone is 4,500 sf for parcels greater than one acre in size; the minimum lot width in the R-8 zone is 50-feet for interior lots and 60-feet for corner lots. No lots are proposed in the R-14 portion of the property. As proposed and demonstrated in the table below, all lots meet the requirement for minimum width. Lot Area (s4. ft.) Width/Depth (ft. 1 Notes 1 4,594 63 /75 R-8 Zone; abuts open space Tracts B &D 2 4,500 60/75 R-8 Zone 3 5,896 80/75 R-8 Zone; corner lot 4 5,993 50/120 R-8 Zone 5 5,979 50/120 R-8 Zone 6 5,964 50/120 R-8 Zone 7 5,782 57/120 R-8 Zone; future road connection to north 8 6,269, 70/90 R-8 Zone; corner lot 9 5,400 60/90 R-8 Zone 10 5,400 60/90 R-8 Zone 11 5,404 60/90 R-8 and R-1 Zones 12 13,006 (net lot area 8,122) 108/90 Ft. R-1 Zone; includes 4,884 sq. ft. of open space B 958 N/A I Steep Slope Open Space Tract C 4,195 N/A Open Space Tract D 2,900 N/A Open Space Tract Setbacks: Proposed Lots 1 -11 are subject to the setback requirements of the R-8 Zone. Lot 12 is entirely within the R-1 Zone, and is, therefore, subject to R-1 setbacks. None of the proposed lots are subject to the requirements of the R-14 zone. R-1 zone setback requirements are a minimum of 30-feet front yard, 15-feet side yard and 25-feet rear yard. R-8 setback requirements are a minimum of 15-feet for the primary LUA09-140, FCF, PP City of Renton Community and Economic . lopment Department P inary Report to the Nearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 16, 2010 - Page 8 of 13 structure and 20-feet for attached garages in the front yard, 5-feet side yard and 20-feet rear yard. As proposed, all lots appear to contain adequate area to provide all required setback areas. Compliance with building setback requirements would be reviewed at the time of building permit review. The applicant has indicated that the existing residence on portions of proposed Lots 2, 3, 8, and 9 would be removed. Since the existing house is within the area of several proposed lots and the Road 8, the house will need to be removed prior to recording. Staff recommends as a condition of approval, that the applicant apply for and obtain a demolition permit, remove the existing residence, and complete final inspections of the demolition prior to plat recording. Building Standards:_ The R-1 and R-8 zones permit one residential structure per lot. Each of the proposed lots would support the construction of one detached single family home/ Building height in the R-1 (Lot 12) and R-8 zones (Lots 1 - 11) is limited to 30 feet. The maximum lot coverage in the R-1 Zone (Lot 12) is 35% percent; while the maximum impervious lot coverage in the R-8 Zone is dependent on the lot size. For lots greater than 5,000 square feet (Lots 3 - 11) 35% lot coverage or 2,500 sq. ft. is permitted, whichever is greater; for lots less than 5,000 sq. ft. (tots 1 and 2) 50% lot coverage is permitted. it appears that all of the proposed parcels contain enough area to accommodate single family residential homes that comply with the lot coverage requirements. The building standards for proposed lots would .be verified at the time of building permit review. Proposed Lot 12 contains an open space easement which would be recorded as a part of the Native Growth Protection Easement (NGPE) recommended in this report. d) Community Assets Landscaping: The applicant will be required to provide landscape strips along the internal roads where street trees shall be planted. Proposed Road A within the plat would require an 8-foot landscape strip between the street and the sidewalk along the north side of the street. The off -site portion of Road A will also require an 8-foot planter strip between the street and the sidewalk. Proposed (toad B is required to have a 5-foot planter strip landscaped with street trees. The applicant has submitted a tree inventory and tree retention worksheet which indicates that there are 101 trees on the site. A total of 25 trees must be retained and the applicant is proposing to retain 15 of these trees_ The replacement ratio is six, 2-inch caliper trees per tree removed. The applicant is proposing to provide 60 replacement trees. The majority of these replacement trees are proposed to be planted within the Urban Separator Area (R-1 zoning) which encompasses the eastern portion of proposed Lot 12, and Tracts B, C, and D. Staff recommends as a condition of approval that a Native Growth Protection Easement (NGPE) be recorded over the eastern portion of Lot 12 and Tracts B, C, and D. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division project manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat_ In order to ensure that the proposed open space area would be provided with vegetation enhancement, staff recommends as a condition of approval that the applicant be required to plant replacement trees as indicated on Exhibit 8. Staff further recommends as a condition of approval that the applicant establish a Homeowners LUA49-140, ECF, PP City of Renton Community and Economic Development Department Preiiminory Report to the Nearing Examiner WILSON PARK PRELIMINARY PLAT LLiA09-140, PP, ECF PUBLIC NEARING DATE March 16, 2010 Page 9 of 13 Association which would be responsible for maintenance of the open space areas within the plat. Open Space: The R-1 zoned portion of the property coincides with the Talbot Road Urban Separator Overlay. RMC 4-3-110 identifies two Urban Separator Overlay areas in the City: the May Valley Urban Separator and the Talbot Road Urban Separator. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation. However, in the Talbot Road Urban Separator only portions of properties are within the Urban Separator. Urban Separators are intended to create contiguous open space corridors within and between urban communities, which provide environmental, visual, recreational and wildlife benefits. The purpose of the Urban Separator is also to protect resources and environmentally sensitive areas. Properties located within Urban Separators are required to dedicate 50 percent of the designated gross area of the property as open space. For properties in May Valley, where entire properties are within the Urban Separator, this is appropriate. However, for properties in the Talbot Road area, where only portions of the sites are within the designated Urban Separator, the requirement for dedicating 50 percent of the area as open space is a hardship. By requiring 50 percent of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot Road and May Valley Urban Separator areas. An Administrative Policy/Code Interpretation which became effective on January 14, 2010 states that properties in the Talbot Urban Separator will be required to dedicate 50 percent of the gross land area in the Urban Separator as open space, rather than 50 percent of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator. The area of the project site within the Talbot Road Urban Separator (R-1 zone) is 23,795 sf. Using the Administrative Policy/Code Interpretation cited, above, the applicant would be required to dedicate 11,898 sf of open space. The applicant proposes to provide 12,937 sf of open space (958 sf in Tract B, 4,195 sf in Tract C, 2,900 sf in Tract D, and 4,884 sf in the open space easement as part of proposed Lot 12). ej Compliance with the Subdivision Regulations Streets: Access to the site would require the dedication of a new public street across an abutting property. This street would 26-feet of paving, an 8-foot planter strip and a 5-foot sidewalk. A secondary emergency access across the abutting property to the southeast is required. This emergency access would be gated and is required to have 20-feet of paving. Residential Blocks: RMC 4-7-160A states that blocks shall be wide enough to accommodate two tiers of lots, except where the location and extent of environmental constraints prevent a standard plat land configurations including size and shape of the parcel. In addition, prior the approval of a single tier of lots, the applicant must demonstrate that a different layout or provision of an alley system is not feasible. The site contains environmental constraints including limited access, steep slopes, and narrow underlying lot width which preclude a double tier of lots or an alley configuration. Furthermore, the applicant initially proposed a different lot layout, with more parcels, and redesigned the plat to conform to the multiple underlying zone classifications and the Urban Separator Overlay. Staff supports the current lot layout. The parcels are ,uniform in size and shape. Lots: The proposed lots are generally rectangular in shape and conform to Code requirements in terms of minimum size and width_ Proposed Lots 3 and 8 would be corner lots and frontage has been determined to be on proposed Road A. Staff recommends as a LUA09-140, ECF, PP City of Renton Community and Economic . lopment Department P inary Report to the Nearing Examiner WIL50N PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 16, 2010 Page 10 of 13 condition of approval that proposed Lots 3 and 8 front on proposed Road A and, therefore, a note shall be placed on the face of the plat prior to recording. D Reasonableness of Proposed Boundaries: Access: Each of the proposed lots and tracts would have access to a public street. The applicant has proposed to extend a new 42-foot wide public street from South 55`h Street. This street would have 26-feet of paving, an 8-foot planter strip, a five-foot sidewalk, curb and gutter along the westerly side of the street. This street would require off -site dedication. Within the plat, Road A would be a 42-foot wide right-of-way consisting of 26 feet of paving, with and 8-foot wide landscape strip and 5-foot wide sidewalk fronting proposed Lots 8 —12. The sidewalk and planting strip would be located on only on the north side of the street fronting Road A. Improvements proposed on proposed Road B fronting Lots 4 — 7 consist of a 5-foot wide sidewalk and a 5-foot wide sidewalk and a 5-foot wide planting strip along the east side of proposed Lot 8. improvements for proposed Road B would end at the northern property line. Staff recommends as a condition of approval that the applicant place a sign at the northern terminus of proposed Road B that alerts future property owners that this road may be extended to the north should future development warrant such an extension. Emergency secondary access would be provided via an emergency vehicle access extending from the southeast terminus of Road 'B' (near Lots 3 and 4) to South 55'h Street. This emergency access would require 20-feet of pavement. Property owners to the west have expressed concern about the installation of new roads to the proposed project. They are concerned about appropriate setbacks, easements and fences along property lines. Additionally, these property owners are concerned about safety on these roads in inclement weather. The surrounding property owners also suggest a concrete barrier wall for cars travelling southbound (downhill) on proposed Road A. The applicant must address all appropriate City of Renton road safety issues at the time of construction. The property owners to the west are also concerned about traffic on S 551h Street which is serpentine and slopes downward from east to west in the vicinity of the proposed project. While it is acknowledged that vehicle accidents have occurred in this area on S 55th Street, the Traffic Study submitted with the application materials indicates that sight distances at the proposed access point for the proposed project are adequate. This has been verified by City staff. Topography: The site contains areas of protected slopes (greater than 40 percent) in the southwestern portion of the property. The Environmental Review Committee imposed a mitigation measure which requires the applicant to place a note on the face of the plat that requires a 15-foot building setback line from the top of slopes which are 40 percent or greater. The applicant has indicated proposed retaining walls along the westerly side of proposed Lot 12 (within the P-14 portion of the property) and through proposed Lots S, 6, and 7. These walls range in height from 12 to 20-feet in height. The retaining wall on the easterly side of the property would be poured concrete or soil nail composition. The retaining wall on the westerly side of the property would be poured concrete or reinforced earth. Because the height of these proposed walls may cause visual impacts to adjoining property owners to the west and northeast, the Environmental Review Committee imposed a mitigation measure to require a combination of texturing and tinting on all visible surfaces LUA09-140, ECF, PP City of Renton Community and Economic Development Department Preliminary Report to the Nearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 11 of 13 of the proposed retaining walls. Because proposed retaining walls would be in close proximity to property lines, staff recommends as a condition of approval that the applicant obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault. Property owners to the west of the project site have expressed concern about appropriate engineering of the proposed project so that the properties below the site are not compromised by increased danger of landslides or run-off. The Geotechnical Engineering Study prepared by Liu & Associates, Inc., dated February 20, 2009 and the Technical Information Report prepared by Baima & Holmberg, Inc., dated May 5, 2009 address these issues and present recommendations to avoid such consequences. Relationship to Existing _Uses: Single-family residences abut the project site to the west and south with vacant land to the north and east. The detached single-family residences would be compatible with the surrounding development. g) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development. Due to limited access staff recommends, as a condition of approval, any future residence constructed within the plat shall be sprinkled unless the requirement is removed by the City of Renton Fire Marshal or his/her designee. A note shall be recorded on the face of the short plat to this effect. The proposal would add new residential units to the City that would potentially impact the City's Police and Fire Emergency Services. Staff recommended through SEPA Environmental Review as a condition of approval to mitigate for these impacts that requires the applicant to pay a Fire Mitigation Fee, based on $498.00 per new single-family residence payable prior to recoding of the final plat. The fire mitigation fee is estimated to be $5,386 (11 new units x $488.00 = $5,386.00) Schools: The project site is served by schools in the Renton School District. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Benson Hill Elementary, Nelsen Middle School and Lindbergh High School. School impact fees are regulated under RMC 4-1-160 and are in effect at the time of permit application or final plat approval. Currently, the Renton School District required fee is $6,310.00 per each new single-family residence; however, school mitigation and impact fees are updated annually and are subject to change. Surface Water: The applicant submitted a Technical Information Report for Wilson Park, prepared by Baima & Holmberg, Inc. dated May 5, 2009. That report includes an analysis of upstream tributary drainage which states that the parcel to the east drains onto the site. The Level I Downstream Drainage Analysis in the report states that runoff from the site flows west into lots in the adjacent Geneva Court development. The majorities of these flows collect in a drain constructed along the back yards of the western -most lots of the Geneva Court development and then flow into the storm system in South 53rd Place. This flow collects in a stormwater pond/bioswale facility located at the intersection of Talbot Road S and South 53`d Place approximately 750-feet downstream from the site. This facility outfalls through an 18-inch pipe to the west side of Talbot Road S into a poorly defined channel flowing into the woods. The flows then pass through a 12-inch culvert under a walking path and continue to flow west to a wooded wetland area more than a quarter LUA09-240, ECF, PP City of Renton Community and Economic opment Deportment Pr )cry Report to the Nearing Examiner WiLSON PARK PRELIMINARY PLAT LUA09-140 PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 12 of 13 mile downstream from the site. Flows into the ditch along S 551" Street continue west in a rock lined channel along the north side of the street to the intersection of Talbot Road S and S 55`h Street. The channel is eroded and shows signs of flowing into the street. Flows from the ditch along Talbot Road S collect in the storm system about 850-feet downstream from the site eventually flowing into Springbrook Creek at about 1,800-feet downstream from the site. Springbrook Creek continues flowing west to about one-half mike downstream of the site where it enters a box culvert crossing SR 167. The Technical Information Report indicates that there are no apparent drainage problems. The plans submitted by the applicant indicate that a proposed storm water detention vault would be located off -site in the easterly proposed access road to control downstream stormwater impacts. The Environmental Review Committee imposed a mitigation measure that requires the final drainage report shall be subject to the 2009 Icing County Surface Water Design Manual. Property owners to the west have expressed concern about changes in drainage due to impervious surfaces created by the proposed project. The applicant proposes to install a stormwater vault within the off -site portion of proposed Road A. Additionally, the applicant would be required to use the 2009 King County Surface Water Design Manual in the final drainage report. Water: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. A Certificate of Water Availability, dated November 7, 2008, has been issued by the Soos Creek Water & Sewer District. The applicant will show, during engineering review, the location and distance of all existing fire hydrants within 300 feet of the site. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings, if not already in place. Furthermore, the Fire Department requires that all new houses be sprinklered. Sewer: The site is within the City of Renton sewer service area. A minimum 8-inch diameter sanitary sewer extension is required to serve the site. Streets: The streets within the proposed project would be dedicated public streets and would become part of the City's street system. Improvements required on these streets are described ion the Access section, above. As indicated in that section, the neighboring property owners are concerned about how street safety issues would affect them. The Traffic Study prepared by Traffex, dated June 23, 2009 cites accident history in the project vicinity on South 551h Street between 98th Avenue S and 99t11 Place S. A total of four accidents occurred between January 1, 2004 and December 31, 2008. Two of the accidents were injury accidents with one of them being fatal. None of the accidents occurred at the curve on South 55th Street where the site access is proposed. The Traffic Study indicates that sight distances are adequate for the curves in the vicinity of the proposed project. The adequacy of sight distances has been verified by City staff and has been found to be appropriate for the proposed plat LUAC9-140, FCF, PP city of Renton Community and Economic Development Department Preliminary Report to the Nearing Examiner WILSONPARK PRELIMINARYPLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 16, 20I0 Page 13 of 13 G. RECOMMENDATIONS: Staff recommends approval of the Wilson Park Prellminary Plat, Project File No. LUA09-140, PP. ECF) subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on February 22, 2010 for Project File No. LUA09-140, ECF, PP. 2. The applicant shall apply for a demolition permit, remove the existing residence and complete final inspections of the demolition prior to plat recording. 3. A Native Growth Protection Easement (NGPE) shall be recorded over the eastern portion of Lot 12 and Tracts B, C, and D. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division project manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat. 4. The applicant shall be required to plant replacement trees as indicated on Exhibit 8 prior to recording of the final plat. 5. The applicant shall establish a Homeowners Association for the maintenance of the NGPE, the stormwater vault and the retaining walls and provide the appropriate documents for the review and approval of the Planning Division project manager prior to recording of the final plat. 6. A note shall be placed on the face of the plat which indicates that Lots 3 and 8 shall be oriented to take access from proposed Road A. 7. The applicant shall place signs at the northerly terminus of proposed Road B which alert future property owners that this road may be extended to the north should future development warrant such an extension. These signs shall be installed prior to recording of the final plat. 8. The applicant shall obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault subject to review and approval by the City Attorney. EXPIRATION PERIODS: The Preliminary Plat approval will expire 5 years from the date of approval. An extension may be requested pursuant to RMC Section 4-7-080.L. 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R-14 i R-: CO 'co i 1to cE CarIW /co-- 4t/ i ro j I CO RM-F ! .14 6.vane az __ s,wn0 aawta B s -- - R-4 -co CO r C co • ; CO i CO c CO W R-4 N ` x R-S N g�sn a i R-14 ss,a s, R 1 � l L _R_4... 3 sw 9 R 1 R-4 R-4 — 4 ZONING MAP.13010K J3 - Ob T22N R5E E 1/2 PW TECHNICAL SERVICES 3 PRINTED ON 11/13/09 I1 on a 200 400 31 T23N R5E E 1/2 crtraF.z in� Feet ` 5331 EXHIBIT 14 - City of 00000� ri 1 U") Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/ CODE INTERPRETATION MUNICIPAL CODE SECTIONS: RMC 4-3-110, Urban Separator Overlay Regulations. REFERENCE: Wilson Park Preliminary Plat (LUA09-140, PP, ECF) SUBJECT: Determination regarding dedication of open space requirements for properties within the Talbot Urban Separator. BACKGROUND, The City received an application for a development proposal on a 2.5 acre site in the R-14, R-1, and R-S Zones. The site includes a portion of the Talbot Urban Separator, which is an overlay intended to create contiguous open space corridors within and between urban communities, which provide environmental, visual, recreational and wildlife benefits. The purpose of the Urban Separator is also to protect resources and environmentally sensitive areas. There are two Urban Separator areas: May Valley and Talbot Road. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation. However, in the Talbot area, only portions of properties are within the Urban Separator, and these are generally portions of the property containing steep slopes. Properties located within the Urban Separator are required per RMC 4-3-110.E2.a to dedicate 50% of the gross land area of the parcel or parcels as a non - revocable open space tract. In May Valley, since the entire property is designated Urban Separator, the dedication of 50% of the gross site area is appropriate. However, in the Talbot Urban Separator where only a very small portion of the site is designated Urban Separator, it is inequitable to require that 50% of the gross site area be retained. JUSTIFICATION: Urban Separator regulations require dedication of 50% of designated properties gross area as open space. For properties in May Valley, where the entire site is within the Urban Separator, this is appropriate. However, for properties in the Talbot area, where only a portion of the site is designated Urban Separator, the requirement for dedication of H:\CED\Planning\Title IV\Docket\Administrative Policy Code Interpretation\CI-06\Code Interpretation.doc Page 1 of 2 50% of the area as open space is a hardship. By requiring 50% of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley areas. DECISION: Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space, rather than 50% of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator, in order to create a contiguous open space corridor. PLANNING DIRECTOR APPROVAL: C. E. "Chip" Vincent DATE: January 14, 2010 APPEAL PROCESS: To appeal this determination, a written appeal --accompanied by the required filing fee --must be filed with the City's Hearing Examiner (1055 S. Grady Way, Renton, WA 98057) no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: RMC 4-3-110.E.2 should be amended to read as shown on Attachment A. CI-05 Page 2 of 2 Attachment A RMC 4-3-110.E. 2. Dedication of Open Space Required. a. Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valle Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of the parcel or parcels as a non -revocable open space tract retained by property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviewing official. Approval of a 1plat, and/or building permit on an undeveloped le al lot in the Talbot Urban Separator Overlay shall require dedication of fifly percent 50% of the gross land area of that portion of the parcel or parcels located within the Urban Separator as a non - revocable open sace tract retained by the property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviewinq official. In order to satis the dedication requirement, some of the area to be dedicated may consist of land abutting the Urban Separator, as determined b the Planning Director, on a case -by -case basis. Acreage in tracts may include critical areas and/or critical area buffers._ At a minimum, open space shall be connected to another contiguous open space parcel by a fifty foot (50') corridor. b. Existing residences, existing accessory uses and structures, existing above ground utilities located in the tract at the time of designation and new small and medium utilities shall not count toward the fifty percent (50%) gross land area calculation for open space except for storm water ponds designed with less than 3:1 engineered slopes and enhanced per techniques and landscape requirements set forth in the publication the "Integrated Pond" King County Land and Water Resources Division. c. Approval of a building permit for an addition of three hundred (300) square feet for a primary use structure or five hundred (500) square feet for an accessory structure shall require recordation of a conservation easement, protective easement or tract and deed restriction on critical areas and critical area buffers located within the contiguous open space corridor pursuant to RMC 4-3-050E4, Native Growth Protection Areas. d. Land dedicated as open space shall be located within the mapped contiguous open space corridor unless a modification is approved pursuant to subsection E6 of this Section. LDenisaw — F City of EXHIBIT 11 fni �, Department of Communityand Economic Development November 1Q, 2009 Alex Pietsch, Administrator Tom Redding Bairna & Holmberg, Inc. 100 Front Street South Issaquah, WA 98027-3817 Subject: Wilson Park PreliminaryPlat— I_UA09-140 720 South 55a' Street Street Modification requests Dear Mr. Redding.: We have completed our review of your request for modifications to the street standards for the proposed Wilson Park Preliminary Plat located at 720 South 55`'' Street. The proposed residential subdivision is for 13 single family building lots and four additional tracts. Tile subdivision will be served by two access roadways south of the site to South 55a' Street, connecting to a rrew street through the - proposed project. You have requested modification for the internal roadway, including eliminating the required sidewalk from one side of the street,'reducing the right-of-way width, and eliminating the requirement far a cul- de-sac. Clarification of the street improvement requirements for the two off -site access roadways is also. requested. The proposal continues to be based on a waiver of the required connection to the north property line. The request to reduce the internal street right-of-way width to 37.5 feet is denied. However, the request to delete the sidewalk from one side of the internal street is approved', subject to providing an eight -foot (8') planting strip between the street and remaining sidewalk. The requirement fora cul-de- sac is modified to allow for a hammerhead turnaround and gated emergency access for secondary access. The proposal to waive the requirement to extend the public street to the north property line is also denied. tity Cade 4-6-060 (Street Standards) requires full street improvements for all adjacent rights -of -way for, within, and dedicated by a plat. The City can modify street improvements for new plats if there are practical difficulties in carrying out the provisions of the Street Improvement ordinance. The Modification Procedures, as defined in Section 4-9-250D, clearly states the criteria for approval by the Department Administrator. In order for -a modification to be approved, the Department Administrator must find that a special individual reason make's the strict letter of this'Ordinance impractical, that the modification is in conformity with the intent and purpose of this Ordinance; and that such modification: (a) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by this ordinance, based upon sound engineering judgment; and (b) Will not be injurious to other property(s) in the vicinity; and Renton City Ha[I 9 i o55 South Grady Way • Renton, Washington 98057. • rentonwa.gov Mr. Torre Redd"ng Wilson Park Preliminary Plat Page 2of3 , (c) Conform to the intent and purpose of the Code; and (d) Can be shown to be justified and required for the use and situation intended, and (e) Will not create adverse impacts to other properties in the vicinity. The request to reduce the right-of-way width to 37.5 feet cannot be approved. The code allows for consideration of reduction to 42 feet in width in cases where the additional area provides for a more reasonable lot configuration. The reduction to 42 feet in width is approved, but we fail to find justification'to reduce the public right-of-way in this new residential neighborhood to a lesser standard. The request to eliminate the sidewalk along'the southerly side of the new internal roadway can be supported in this situation, provided there are equivalent value amenities provided in exchange for these improvements. This request is granted, subject to the provision of an eight- foot (8') wide planting strip, including landscaping and street trees, on the northerly side of the street with the new sidewalk. The project site will be accessed by a single public street, which requires a cul-de-sac. The proposed secondary access will mitigate the dead-end roadway configuration for emergency vehicles, but will not be available for regular vehicles and delivery trucks. The requirement for a cul-de-sac is hereby waived, subject to providing a full hammerhead turnaround in public right-of-way and emergency secondary access through an approved gated system. The function of a hammerhead turnaround will be provided with the extension of the street to the north property line, as addressed below. The proposed street design for the plat fails to meet the requirement to extend the public street system through the plat to the northerly property line. The property north of the site is large enough for future platting, and will be connected to the public street system approved for this plat. The requirement far extension of the public street system through the proposed plat to the north property line remains. This extension is to be provided'where Lot 8 is proposed, as an extension of the easterly north -south access roadway. The street improvements required for this preliminary plat, as modified in this decision, are as follows: Westerly off -site access roadway between S. 55t� St and the development site: This street section shall be in dedicated public right-of-way. The pavement width can be reduced to 26 feet (26') in width, allowing for parking on one side of the street. Curb and gutter shall be provided along the westerly edge of the pavement_ An eight -foot (8') wide planting strip shall be provided along the west side of the street, with a five-foot (5') wide sidewalk. New internal street syste.m: This street section shall be in a minimum 42-foot width right-of-way. Additional right-of-way is also required at ail the intersections and turns in the roadway configuration. These radius dedications shall be for a 15-foot radius. The pavement width can be reduced to 26 feet in width, allowing for parking on one side of the street. Both sides of the street shall be improved with curb and gutter. A sidewalk is not required on the southerly side of the new street. The -face of the curb shall be installed three feet (3') from the southerly edge of the right-of-way. A five-foot (5') wide sidewalk shall be provided along the northerly and "outside" portion of the new internal street, with an Mr. Tom Redding Wilson Park Preliminary Plat Page 3 of 3 eight -foot (8') planting strip. The planting strip is to be landscaped, including street trees. Street lighting meeting code with required lighting levels shall be provided on the new internal street system. Street extension to nbrth property line: A public street is required -in the approximate location -of proposed Lot B. This street shall include a minimum of 42 feet in right-of-way. The street improvements for this extension shall include 25 feet of pavement, and curb and gutter along both sides of the street. Sidewalk's are required along both sides of this street section, both five feet (5') in width. The sidewalk on the east side of the street can be constructed adjacent to the new curb. The west side of the street shall include a five-foot (5') planting strip landscaped with street trees. Easterly off -site access roadway between S. 55t' St and the development site: This street Section is initially to be used for secondary emergency. access through a private roadway easement. The pavement shall be a minimum of 20 feet in width through this roadway section. An emergency access gate, approved by the Renton Eire Department, can be installed where this roadway enters the new plat. If this private easement is replaced in the future with dedicated public right-of-way, the emergency access gate shall be removed. A note to this effect is to be included on the final plat. You have x4 days from the date.of this letter to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing; with the City Clerk, and require a filing fee in the amount of $250.00. Appeals must be filed with the City Clerk before Tuesday, November 24, 2009, at 5:00 P.M. You may contact Kayren Kittrick at (425) 430-7299 if you have any questions or need additional information. Sincerely, r Neil Watts, Director Development Services Division cc: Alex Pietsch, Community & Economic Development Administrator Chip Vincent, Planning Director Kayren Kittrick, Development Engineering Supervisor Jerry Wasser, Associate Planner r" - ve z x,Er: q WE ROT S , I= P MM P.C. r TA " I . ? _M2 M 16M 1--30• I P.- .M... Na. 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I \ I __ - --� 04Z m tic — — — ' - _ - - TY• NYmN� F2�� - 2,a ZiekY9 dSJN/U3d. .;: -63 91 1 v 4 1 i iA� �� _— ✓ f— pp�� 1` f / 1 3 i 1 = _ - _ N' I '' 0.0 tl Z � I 7.10 - U a NV-1d N0liN313U/,kH01N3ANl 33HI �" 1l�'^°a _Mtl"_ -- � aoAaa as r c�aaa�oaa ?I!!'dd NOSIIM •oul BjogwwH it Dulles ®+mil. �®i UOd Yid 6C 9Y=CO i NOISK36 'ON ML30 ITYM OOV IsWiSN3b L01 I N,L,ON of OVOM OOV 'SN015N3tl 101 L 'tlutz"-)N3-100-i89ZVP\t00-f uaz`nn9Z\ 9 KL1 . t � �� f _; Denis Law, Mayor . l May 18, 2010 Shupe.Hohnberg, PE PLS _ Bairima & Holmberg 165 NE Juniper Street, Ste. 2.01 Issaquah; WA 98027 Re: ` Wilson Park Preliminary Plat LUA-09-140, ECF, PP Dear Mr. I461znberg: This..office has reviewed your request for reconsideration concerning the elimination of one lot;. Proposed Lot 12; from the plat. The original plat would have required substantial regrading and very tall retaining walls along the western boundary of the plat where Proposed.Lot 12 would.have been established: That plat - would. haVerequired significantly. altering the terrain of an area designated as an "Urban . Separator under the Zoning Code. The new proposal would relocate Proposed. Lot 12 to the east and stairstep up the Urban Separator parcel'sterrain using two 6 foot to 8 foot;rockeries. As noted in the original iecommendation ari Administrative Interpretation regarding the Urban Separator scope.narrorwed the Code's overlay from 50%a ofthe-entire parcel to 50% of a portion of the parcel. That interpretation appears to permit .development of Proposed Lot 12.. . This office has reviewed the' original plat, the proposed modifications as well as the urban separator, regulations and staffs'- administrative. interpretation. The public use and interest is :not served by sacrificing the urban separator's purpose. The administrative interpretation, in this case, overrules a node provisionresulting in a sacrificc of the urban separator's purpose. This office understan `ds what s , taffwas trying to accomplish -in its interpretation of the. language governing urban separators. in this area of -the City.: Butthe. intent in liberalizing the urban separator limitations" as. they applied to this, property viwas not to neutralize those,regulations. As implemented by. the applicant, the purposes of the urban separator succumb to the goal.of creating an extra lot, Proposed Lot "-12, on v6 - .topographically constrained property.. The extra lot requires substantial modification of an area"thaf should remain as natural as possible. The attempt to shoehorn in an additional lot by sacrificing the native state of the topography with engineered rockeries and terraces remains :inappropriate. So, .while the proposal -to shift. Proposed Lot:12 to the east does reduce the impact on the properties to the `nest, it is still inappropriate.. The urban separator provisions should .be observed and the applicant .should maintain.the natural aspects 4 the northwestern corner ofthis site. In addition, protecting the natural slope saves more of the significant trees. I055 South Grady Way - Renton, Washington 98057 - (425).430-6515 R E lr Q lr AHEAD 6F THE -CURVE This nanar mntt..inR 5(}%, �rvr�rxi malarial 3C}°/ neat rrmai imar - - .. Encompass ENGMEERING & SURVEYING i L�� Together with Baima & Holmberg April 6, 2010 Fred Kaufman Hearing Examiner Renton City Hall 1055 S. Grady Way Renton, WA 98057 RE: Wilson Park L UA-09149, PP, ECF Dear Mr. Kaufman: RECEIVH) G-_EEii'S OFFI,' E Pursuant to Title IV, Chapter 8, Section 100G of Renton's Municipal code, please consider this letter a request for reconsideration of the April 0, 2010 recommendation to the City Council for approval of the Wilson Park subdivision. The reason for the reconsideration request is that information regarding Lot 12 is available that was not available at the Hearing. At the Hearing, the possibility of flipping Lot 12 and making the open space easement on the west side was raised, however, plans were not available at the Hearing that would show the ramifications of the change. The conceptual grading, drainage, utility and tree plans have now been revised to reflect the change to Lot 12 and are hereby submitted with this letter in support of the reconsideration request. As it turns out, the revision to lot 12 has the following advantages: The wall along the east property line of Lots 13 through 16, Geneva Court is substantially reduced. Instead of a 200 ft long wall along the property lines, we now have approximately 55 ft of wall. Two stepped rockeries 6' to 8' in height would follow the alignment of the new roadway across the westerly portion of Lot 12. The rockeries would then turn north to allow a 10 ft wide ramp access the open space easement on the westerly portion of Lot 12. This allows the retention of most of the significant trees in the open space easement on Lot 12 and substantially reduces the visual impact of a wall to the Geneva Court neighbors. Western Washington Division 165 NE Juniper St., Ste 201, Issaquah, WA 98027 Phone: (425) 392-0250 Fax: (425) 391-3055 Eastern Washington Division 108 East 2nd Street, Cie Elum, WA 98922 Phone: (509) 674-7433 Fax: (509) 674-7419 www_F,ncompassES.net Fred Kaufman Hearing Examiner City of Revlon Page two • With the proposed revision, the number of significant trees that will be retained on site is 24, which is only one less than the 25 trees required to be retained. This is a significant increase from the initial proposal of 15 retained trees and will only require the planting of 6 two-inch replacement trees. The grading on Lot 12 will be substantially reduced as well, leaving most of the proposed open space easement undisturbed native vegetation. Although the primary reason for non approval of Lot 12 appears to be the impact of the 20 ft wall on the neighbors, it appears that a secondary issue is density. While elimination of Lot 12 would reduce the density somewhat, it would not provide that much of an environmental benefit to the site. Lots 8 through 11 are wider than required by zoning (60 ft vs. 50 ft) as it was the applicants intent to build nicer (wider) homes on the property than what is the norm by today's standards. By providing wider lots than required by the zoning code, the intent of Section 4-7-220 c.4, Renton's Hillside Subdivision code recommending larger lots in steeper parts of the site is met. The requirement to stub a road to the north in it's present location is one that staff considered at length, so with the road location established, and lots S through 11 wider than normal, the elimination of Lot 12 would have little beneficial impact to the site. The proposed revision of the open space easement location to the west side of Lot 12 accomplishes the same goal and retains the lot. Thank you for your consideration of this request. Revised plans showing the proposed revision are enclosed for your use and have also been sent to staff. Very truly yours, BAIMA & HOLMBERG, INC. Shupe Holmberg, PE PLS Enclosures cc: Jennifer Henning Bob Wilson Steve Beek W 11 W09542 Fred Kaufman C'ty of Penton Planning Division April, 12'h 2010 Mr. Gerald C. Wasser, Associate Planner Dept. of Community and Economic Development City of Renton Dear Mr. Wasser, Our nazue are Khanh Nguyen and Due-Quy Nguyen, owner of the house 616 S. 53`j Pl. Renton WA 98055 Geneva Court, the house on the west side, right nexi to lot 12 of Wilson Park. We strongly support the recommendations of the hearing on April I": 1- Lot 12 shall be eliminated. 2- The foundation of the wall need to be strong and the wall should be look artistic. 3- Rain water drain to the west side through Geneva Court should be minimized as possible. Thank you for your good work for our community. Sincerely, Khanh Nguyen (206) 250-6810 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ss. County of King Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 1" day of April 2010, affiant deposited aria the United States Mail and Certified Mail Return Receipt Requested a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Sig ature SUBSCRIBED AND SWORN to before me this I day of `o`r*.....1 .••.11111 A 60 Etr aT� r hS3e 1pot Fla 00T.q_'' co 13 2010. �r r Nolary Public in and for the State of Washington Residing at,therein. Application, Petition or Case No.: Wilson Park Preliminary Plat LUA 09-140, ECF, PP The Decision or Recommendation contains a complete list of the Parties of Record REARING EXAMINER'S REPORT April 1, 2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNER/APPLICANT: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Robert Wilson 21703 60s' Street East Lake Tapps, WA 98391 Shupe Holmberg Baizma & Holmberg Inc. 100 Front Street Issaquah, WA 98027 Wilson Park Preliminary Plat File No.: LUA 09-140, PP, ECF 720 South 55 h Street Applicant is requesting approval of a Preliminary Plat for the subdivision of 2.5 acre parcel to encompass 12 lots and 3 tracts for open space. Development Services Recommendation: Approve subject to conditions. Staff Report was delivered to the Hearing Examiner on March 9, 2010. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 16, 2010 hearing. The legal record is recorded on CD. The hearing was opened on Tuesday, March 16, 2010, at 9:32 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 2 Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Vicinity Map Exhibit No. 3: Preliminary Plat Map Exhibit No. 4: Boundary/Topography Ma Exhibit No. 5: Generalized Utilities/Drainage/ Control/Conceptual Grading(Landscaping Plan Exhibit No. 6: Road Profile Exhibit No. 7: Wall Profiles & Cross Sections Exhibit No. 8: Tree Inventory Exhibit No. 9: Zoning Map Exhibit No. 10: Administrative Policylcode Interpretation Affecting Urban Separator Overlay Regulations, effective January 14, 2010 Exhibit No. 11: Street Modification Letter, dated November 10, 2009 Exhibit No. 12: Plat Map Showing All Zoning Designations Exhibit No. 13: Map Showing Urban Separator Areas in the Talbot Area of Renton Exhibit No. 14: Generalized Utilities and Drainage showing the Retaining Walls Exhibit No. 15: Planter Strips for Sidewalks Exhibit No. 16: Large Sheet Showing Most Recent Drainage and Grading Plan with the Retaining Walls Exhibit No. 17: Right of Way Papers for 55 ' Street Exhibit No. 18: Existing Easement Document for the Smithers E;e_rgency Access Roadway Exhibit No. 19: Aerial Photo of Existing Area Exhibit No. 20: Going Native Brochure The hearing opened with a presentation of the staff report by Jennifer Henning, Current Planning Manager, Community and Economic Development Division, City of Renton, 1055 S Grady Way, Renton, Washington 98057. The proposed project is a 2.5 acre site, the nearest access street is South 55 h Street. The access street is very steep and has several serpentines with a speed limit of 25 MPH. This site has been constrained by trying to get access to it due to the steep slopes. There also have been some difficulties due to City Code because of the Urban Separator Overlay and all the various zoning designations. The final plat has gone through several revisions to meet all requirements, this presentation today has 12 lots suitable for the development of single-family residential homes. There are three open space tracts, Tracts B, C, and D. There is no Tract A. Tract B is greater than a 40% slope and as such is a protected area that cannot be touched. Tracts C and D are open space areas and are split by the zoning designation. R-1 zone is on the west side and R-8 zone is on the east. All open spaces are considered reserved areas and would be planted with trees by the applicant. Wilson Park Preliminary Plat File No.: LUA-09-I40, PP, ECF April 1, 2010 Page 3 Part of Lot 12, to the north is within the R-1 zone, a portion of this lot would have an easement overlaying it to be considered open space that satisfies the Urban Separator requirements. It is not a separate Tract, but an area that will have an easement over the top. The remainder of the lots in the plat are between 4,500 and 6,270 square feet. There is a lot of topography on the lots and in order to develop the lots there would need to be some retaining walls constructed. The walls would vary in size from 12-20 feet in height. One retaining wall would be located on the eastern border of Lot 7 and the other would be located on the western border of Lot 12. The retaining wall on the east side would be either poured concrete or soil nail composition; the wall on the west side would be poured concrete or stabilized soil. The walls abutting the property both to the north and the west will have some impact to the property owners at least during construction and perhaps during maintenance. The applicant has been required to secure both construction and maintenance easements. The plan is to terrace those walls and landscape them, it has been requested by Staff that those walls be maintained by the Homeowner's Association. The applicant would like to see the individual homeowners maintain the walls in their particular lot. The Environmental Review Committee issued a Determination of Non -Significance --- Mitigated with eleven mitigation measures. No appeals were filed, The project is compliant with both Zoning Code and the Comprehensive Plan policies. The density of the proposed plat is 7.99 dwelling units per acre. All lots comply with the minimum width and depth. The plat would be accessed via a new street that would extend from S 55`h Street. It would be a 50-foot right-of- way and enters into the plat, makes a curve and becomes S 53'd Place. It eventually ends in a "T" that will eventually extend to the north and south property lines with a gated emergency access at the south property line. All on -site roads will be dedicated rights -of -way. Because of the restraint in this plat, it would be required to have sidewalks and planting strips on one side of the roadway. The sidewalk and planting strip would be located along the west side of the street coming into the plat. There also would be a sidewalk and an 8-foot wide planting strip on the north side of South 53rd Place. The planting strip would be 5 feet wide along the north/south interior road. A tree inventory plan has been submitted, currently there are 101 trees on site, of those 25 must be retained. The applicant has stated that they can only retain 15 trees. The applicant has proposed 60 trees to be planted primarily in the open space areas (Tracts C and D as well as the open space area that is part of Lot 12). Staff has asked for a split rail fence to define these areas. A goal of the Urban Separator is to create corridors of open space for wildlife to roam through. There are only two areas of the City where the Urban Separator applies, the Talbot Hill Area and May Creek. In Talbot, the Urban Separator slices through the hill and takes just portions of the property and this is why Lot 12 has been designed with the open space that will be surrounded with a split rail fence. Police and Fire have indicated that there are sufficient resources to serve this area. The project is located in the Renton School District and they do have sufficient room for the projected new students. This project would be subject to School Impact Fees. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 4 There have been some letters sent to the City of Renton concerning the safety on S 55`� Street and the new driveways that would be taking access onto that street. A safety evaluation was done and it was determined that the roadway was safe based on a higher speed than what is currently allowed on S 55 h Street. A drainage report was completed and showed that the parcel to the cast drains onto this site and runoff from this site flows to the west into Geneva Court, this flow collects in a drain and flows into the storm system located in the road inside Geneva Court and finally flows into Springbrook Creek. The drainage vault for this project would be located under the roadway with an easement for maintenance. The opening to the vault would not be located in the roadway, but placed into the landscaping or sidewalk areas adjacent to the vault. There has been vandalism where the grates have been removed which creates a grave traffic safety issue. Water service would be provided by Soos Creek, the Certificate of Water Availability has been issued for this site. Sewer service would be provided by the City of Renton with a minimum 8-inch diameter extension required. The public streets would become part of the City System with the exception of the emergency access road. It was requested that a 9`" Condition be added indicating that the grate covering the drainage vault be located in the sidewalk or the landscaping. A 15 Minute Recess was taken. The Hearing Resumed at 10:31 am. Shupe Holmberg, 165 NE Juniper Street, Issaquah 98027 stated that if the proposed plat is approved subject to the recommended Staff conditions they believe that the public's interest in safety and welfare would be met. Condition #5 calls for the Homeowner's Association to maintain the retaining walls. It would appear to the applicant that the individual homeowners should maintain those walls within their own respective lots. That would involve Lot 7 and 12. The Drainage and Grading plan that was shown today is not the latest version. The north wall would still be a 5- foot high retaining wall. On the east portions of Lots 4-7 there would be two staged rockeries that would be 2 to 6 feet in height with the highest part being at the north end. The retaining wall on the west side is the same on both plans. The retaining wall on Lot 12 would be approximately 20-feet tall. There would be a fence on top of the 20-foot wall. Since the 20-foot wall does cover several parcels, it might be best if the Homeowner's Association would maintain that particular wall. In the drainage report it does state that the runoff from the site currently runs through Geneva Court. The proposal for this site is to pick up the drainage, pipe it to the detention vault within the off -site roadway and discharge that to the roadside ditch on S 55t` Street. Any drainage impacts to Geneva Court would be lessened, no drainage from this site would go to Geneva Court. The 2009 King County Stormwater Manual would apply to installation and operation of the vault. Each individual lot will have a connection and drainage would be piped directly to the conveyance system. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 5 The emergency access to the site would be paved. Some cut and grading will take place along the road and adjacent lots. Vincent Gegiia, 11410 NE 124`h St., Ste. 590, Kirkland 98034 stated he had an aerial photo of the site and surrounding areas. The new public road off of S 55'' Street to the site was pointed out showing that the new interior road, S 53d would hit just on the outside corner of the curve giving the optimum sight distance looking in both directions on S 55'h. The site distance does meet the City of Renton requirements. Paul Witt, 617 S 53fd Pl, Renton 98059 stated that he lives in Geneva Court, Lot 13. He is not opposed to this project, but does want to make sure that any project in the area is done correctly and safely. This is a challenging project, from his front porch up to the far side of this new site, it is over l I0-feet in difference. His concern is to make sure that the retaining walls along the west side are done correctly, he still feels a little vague about exactly what materials are being used to create these retaining walls. He was further concerned about the terminus and vagueness of how far the wall at his corner lot would continue. Going into his back yard and looking up, there would just be a 20-foot wall going straight up, how is that going to look. At that location, the road would be above grade. That roadway could be prone to accidents especially in the snow and ice. He would prefer to see the maintenance kept with the Homeowner's Association, it sounds great on paper, however, in reality it most likely will not get done. It seems strange to have a Homeowner's Association responsible for something built on City property. The vault that they are responsible for is not on any property they have vested interest in, it is on a City right-of-way on a dedicated street. It would stand to reason that the engineering would be strong enough to hold large vehicles. Steven Beck, 4735 NE 4`h Street, Renton 98059 stated that he is the manager of Amber -wood LLC and consultant for Wilson Park Preliminary Plat before the Hearing Examiner today. Lots 4, 5, 6, and 7 to the east will have a rockery on their site. He was involved with the Cherie Lane plat several years ago and recently brought plans to a meeting showing how rockeries and vegetation was handled in the Cherie Land. It was not pretty. They did not want that on this site, so everywhere they can, even on the west side to try to step up and do rockeries and vegetation, it looks much better and is better for the environment. On Lots 4, 5, 6, and 7 where there is approximately a 120-foot depth, the plans include a garage under a two story basement with decks off the main Moor. These plans were used in Cherie Lane and worked very well. With that house plan, the back yards can be tiered up with 4-6 foot rockeries at a time and use vegetation on them. Lot 12, they have discussed how to do that, possibly sloping the hill up slowly to the building pad. If a wall is used, it would have to be textured or soil nail used, but the end product would have to look good. Kayren Kittrick, Community and Economic Development stated that Geneva Court has a north connection, a small bit of right-of-way that was reserved for future use. Rockeries four feet and over must be structurally engineered. They require a separate building permit and a separate inspection, there is a special inspection required with a structural engineer on site at the time of the inspection. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 6 The Examiner stated that the road is pretty much at the south end of the retaining wall leaving no room to create terraced or sloped retaining walls. Ms. Kittrick stated that her concern is that could be a focal point for erosion, she will instruct her staff to pay particular attention to that area. If the wall stops right there, something will have to be placed there to protect the area. The wall and transition would be required to meet building standards. S 55th ideally would be required to have sidewalk, curb and gutter. The problem is that is a third party property and therefore if there were to be any improvements through there it should be associated with designs to accommodate what may be developed on that property. There have been inquiries on that property and it will happen at some time. It is also possible that S 55 should be something that the City is looking at as a general overall plan as opposed to putting it on each individual property. They are not prepared to do that today, but it is on their agenda. Road A will either be called Smithers or Morris, it has not been determined as yet. The preference at this point is to call it Smithers. The nortWsouth connection from S 53`d to S 55`h will be subject to traffic and building requirements. The sidewalk is situated next to the slope and will require a pedestrian level barrier or guard rail of some type. There is a possibility that the school bus may pick up children on S 55`h that has not been established as yet. The drainage with the walls must meet the 2009 Manual requirements. The vault would be located in the dedicated right-of-way and the grate would be placed outside the traffic right-of-way. The sewer line would run down S 551h Street. Because of the protected area on Lot 12, they can only clear 35%. It seems it may be complicated to build the wall, do the grading and remain at less than 35%. They will also need the permission of Mr. Witt and any other neighbors prior to building this retaining wall. Her opinion is that the maintenance of that particular retaining wall should be spread over the whole group in a Homeowner's Association. That particular wall on Lot 12 is in essence holding the entire plat in place. It might have to be in an easement where all the property owners have an undivided interest, which may be stronger than putting it on the Homeowner's Association. There could be a possibility of flipping Lot 12 and making the open area next to the retaining wall rather than the house. Mr. Holmberg stated that he had a Geotech engineer present, but did not have a structural engineer in the room today. The Examiner asked if this wall could be built without disturbing the properties to the west. Permission would be needed to shore it up as it is being built or the piles being driven from the top for the soldier walls and then doing what was necessary. Mr. Holmberg stated that technically they could build the wall on Lot 12 with no off -site easements. It would be a fill behind the wall. It will have impacts on the four lots in Geneva Court because it is going to be a large wall in their backyard. They did look at putting the building area on the west side of Lot 12, there was less of a building envelope doing it that way, but they could revisit that possibility. It could also be a condition that they work with the homeowners of Geneva Court to try to address some of the visual impacts of that wall. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 7 They are proposing larger lots in this development because of the retaining walls and rockeries that are necessary because of the steep slopes. Lot 12 is a difficult lot. Main Kadri, 19213 Kenlake Place NE, Kenmore 98028 stated the soil investigation that was done found the soil in that area to be a glacial till and generally has a fairly high sheer strength. If the foundations are built on that native material that can withstand the bearing capacities and even a retaining wall. The report has options for three different types of retaining structures, in this type of environment, taking care of drainage is very important. The Examiner stated that he had some concerns with the retaining wall, its length and height and its affect on the properties to the west as well as supporting anything built on Lot 12. He may impose another condition for Lot 12, in that if it can be built it can be built, but it may actually yield to the Urban Separator. These are steep slopes and adjoin other people's property, there are a lot of things involved in making sure it is done safely without jeopardizing anybody on this site or adjacent sites. Ms. Henning checked on the requirements for a Hillside Subdivision. Lots are required to be larger than the minimum size. Erosion control, grading and Geoteeh information seem to be the criteria. This is a difficult site, the applicant has been very responsive in working with the City. The remaining concerns would be how clearing would be accomplished on Lot 12 in order to preserve the number of trees required and accommodate all the improvements. There will be export from the site which does not seem to be severe. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 11:36 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Robert Wilson, filed a request for an approval of a Preliminary Plat for the subdivision of a 10 8,8 84 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 720 South 55th Street. The subject site is located north of 55th and does not front directly on that street. The subject site is east of Talbot Road South and is generally south of Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 8 Valley Medical Center and directly south of the eastern portion of the Sikh Temple site. An existing home is located on the eastern end of the parcel. That home would be removed if the plat is approved. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of a variety of residential uses ranging from low density to medium density uses, but does not mandate such development without consideration of other policies of the Plan. The subject site is currently zoned R-1 (Single Family - 1 dwelling unit/acre), R-8 (Single Family - 8 dwelling units/acre) and R-14 (medium density - 14 units/acre). The R-14 portion is only about 10 feet wide. 8. The subject site is also subject to the Talbot Road Urban Separator Overlay requiring preservation of a corridor of open space. The overlay is located near the westernmost portion of the subject site and is the portion zoned R-1. It is approximately 23,795 square feet. An Administrative Interpretation found that only 50 percent of the area defined by the urban separator rather than 50 percent of the entire site should be restricted to open space use. 9. The subject site was annexed to the City with the adoption of Ordinance 3268 enacted in December 1978. 10. The subject site is approximately 2.49 acres or 108,884 square feet. The rectangular subject site is approximately 207 feet wide (north to south) by 510 feet long. The southwest corner of the subject site is approximately 290 feet north of South 55th. 11. The subject site slopes downward over 110 feet from approximately 370 feet in the northeast corner of the site to approximately 254 feet at its western boundary. The slopes range from 13 percent 39 percent with an area exceeding 40 percent east of the southwest corner of the site. Slopes exceeding 40 percent are designated as protected slopes. 12. The site's sloped topography means the site falls within the definition of a Hillside Subdivision. Larger lots and decreased density are permitted in Hillside Subdivisions. 13. The applicant proposes grading the subject site to create building pads for homes as well as appropriate grades for roads to and through the site. The applicant proposes approximately 17,000 cubic yards of cut and approximately 6,000 cubic yards of structural fill. 14. The tree inventory showed 101 significant trees on the subject site. Code requires the retention of 25 trees whereas the applicant proposes retaining 15 trees. The replacement ratio is six (6) trees for each one removed that should have been retained. Sixty new trees would be planted mainly in the open space corridors. Additional street trees would be required 15. Access to the subject site would be provided via a new public roadway that connects S 55th with the subject site across a neighboring, third -party property. This south to north roadway would be paved to a width of 26 feet and have an eight foot planter strip and a 5 foot sidewalk on its west side. It would connect to a new roadway, Road A, through the site that would curve to the east and end in a T- intersection with another north -south road, Road B. This Road B would extend to the north and south Wilson Paris Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 9 property lines. The north leg would eventually connect to properties north of the subject site. The south leg would connect to a secondary, gated emergency access easement that connects to S 55th. The emergency road would have 20 feet of paving. Road A, the main road through the site would have a public right-of-way 42 feet wide and would continue the sidewalk on its north side. A modification to reduce Road A to less than 42 feet was denied. 16. The applicant proposes dividing the subject site into 12 lots and 3 tracts (labeled Tracts B, C and D - there is no Tract A). The three tracts are located south of Road A as you enter the plat from the west, followed by Proposed Lots 1, 2 and 3. Proposed Lots 4-7 are located along the eastern edge of the plat, east of Road B. Proposed Lots 8-12 are located along the north side of Road A. Tract B would encompass the critical slopes. Tracts C and D would be open space areas. As initially proposed the eastern portion of Proposed Lot 12 would be an open space easement as it is governed by the Urban Separator overlay. 17. The lots would range in size from 4,500 square feet to 13,006 square feet. Most of the lots would be between 5,400 square feet and just under 6,000 square feet. The different zones have different development standards. Proposed Lots 1 - 11 are subject to the R-8 standards. Proposed Lot 12 is subject to the R-1 standards. There are actually no lots subject to the R-14 standards. Staff noted that the proposed lots appear to meet the appropriate zoning standards. 18. The applicant proposes installing a number of rockeries along the north and east side of the plat to terrace the lots and provide more level building pads or yard areas. These rockeries will vary in height. The initial plans show them as 5 and 6 foot rockeries. 29. The applicant proposes a tall retaining wall along the western boundary of the subject site adjacent to the four (4) lots of the adjacent Geneva Court Plat. The wall will be twenty (20) feet tall. Walls or rockeries will also be provided along the entry road from S 55th to provide suitable grades for a road in the steeper slopes. 20. Construction of walls or rockeries along property lines may require cooperation and even construction easements from adjoining property owners. The applicant cannot enter upon or injure neighboring properties without legal consent. The ERC imposed conditions to address the visual impacts of the large retaining structures. 21. The three zoning districts each have their own density standards and staff calculated that they all comply with their underlying standards. The overall density for the plat would be 7.99 dwelling units per acre after subtracting sensitive areas and roadways. 22. The subject site is located within the Renton School District. The project is expected to generate approximately 5 or 6 school age children. These students would be spread across the grades and would be assigned on a space available basis. The proposal is subject to the Renton School Impact fee. 23. The development will increase traffic approximately 10 trips per unit or approximately 120 trips for the 12 single family homes. Approximately ten percent of the trips, or approximately 12 additional peak hour trips will be generated in the morning and evening. Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 10 24. There was concern about traffic and sight distance issues where the plat's access road intersects S 55th. Accidents along this roadway have been reported, including a fatality. The traffic analysis indicated that there is adequate sight distance on this area of the curving, hilly street. S 55th and the access to the plat may be impaired in inclement, snowy weather. 25. Stormwater from the east drains onto the subject site and then west toward Geneva Court where it is collected and conveyed to 53rd and Talbot. This stormwater will be collected on the subject site and conveyed to an off -site detention vault located under the western roadway that connects the plat to S 55th. The project will have to comply with the 2009 King County Stormwater Manual. 26. Sewer service will be provided by the City. 27. Water service will be provided by the Soos Creek District. CONCLUSIONS: While the division of the subject site into additional lots appears to serve the public use and interest, the twelve lot plat is excessively dense. The proposed plat attempts to maximize the density limitations of the subject site and it does so by sacrificing too much of the natural terrain of the property, particularly, the area designated by the Talbot Urban Separator Overlay. Not only does it sacrifice the natural slopes but it would impose a huge 20 foot tall retaining wall on its neighbors creating an aesthetic blight in the rear yards of four separate homes. Rather than blend this plat's terrain with its western neighbors, it creates an obstacle to neighborliness. Staff calculated that the plat would achieve a density of 7.99 dwelling units per acre. That certainly approaches the permitted density of 8 dwelling units per acre, the upper range, of the R-8 including what should be an R-I dwelling where the lot size is ordinarily one (1) dwelling unit for an over 43,000 square foot area. The Hillside Subdivision regulations suggest reducing densities on steeper properties. The comprehensive plan suggests making use of the natural contours of a site rather than substantially altering them. The applicant will be substantially altering the grades and slopes of a majority of the property, particularly the easternmost lots. It will also be substantially altering property on either side of the new road connecting the site to S 55th. It does not serve the public use and interest to further alter or damage the natural contours along the westernmost, Urban Separator portion of the property, in addition to the other alterations necessary to develop this otherwise substantially constrained parcel. Proposed Lot 12 and Road A are proposed to occupy too much of what should be protected property. Eliminating Proposed Lot 12 will also reduce the potential issues of a 20 foot wall holding up a large area of slope behind the existing Geneva Court homes. Proposed Lot 12 should be eliminated from the plat and its natural features and slope preserved. 2. An eleven lot plat will serve the public use and interest even though it will still substantially alter the terrain of the site and require engineered rockeries or walls along the road and easternmost lots. It will create eleven new parcels that can provide additional housing choices for residents of the City. It apparently can be served by urban services including domestic water and sewer and storm water. It appears that the stormwater can be contained or controlled by inline systems and an off -site vault under the new road. The access to the subject site might preclude access during inclement weather but it is not the only area subject to such constraints as hilly terrain and steeper roads are the only means of accessing certain parcels. Staff reviewed the traffic report and it appears that while the new access road will be steep it can meet engineering standards and its intersection provides reasonable sight distance for Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 11 all turning directions. The applicant will be providing mitigation fees to offset some of its impacts on emergency services, traffic, parks and schools. The development of eleven new lots should also increase the tax base of the City. The provision of Road B, the eastern north -south road will provide secondary access for emergency vehicles to the south and a potential connector to the north so that if additional development occurs north of the subject site through access might be available on public roads. A sign should be installed warning potential residents that Road B might be a through road with additional traffic in the future. 4. The Zoning, Comprehensive Plan and Urban Separator all recognized that this site would have additional development potential. The development of the subject site will obviously increase traffic on a steep, serpentine road. It will also introduce what should be short-term construction noise and impacts as well as the permanent additional impacts of an increased population on a parcel which now only supports one home. 5. In conclusion, while the development of the subject site was envisioned by the City's Zoning and Policies, the site is also severely constrained by topography and access limitations. Reducing the density by one lot will not unduly limit development of the site, still provide additional housing choices and also retain some of the natural features that the comprehensive plan and the urban separator intended to protect. Reducing the density by one lot will also protect neighboring properties from severe disruption along their eastern boundaries and protect them from an unsightly 20 foot tall wall. RECOMMENDATION: The City Council should approve an ELEVEN LOT plat of the subject site subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on February 22, 2020 for Project File No. LUA-09-140, ECF, PP. 2. The applicant shall apply for a demolition permit, remove the existing residence and complete final inspections of the demolition prior to plat recording. A Native Growth Protection Easement (NGPE) shall be recorded over all of Proposed Lot 12 and Tracts B, C, and D and Lot 12 shall be eliminated. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division project manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat. 4. The applicant shall be required to plant replacement trees as indicated on Exhibit 8 prior to recording of the final plat. 5. The applicant shall establish a Homeowners Association for the maintenance of the NGPE and the Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 12 stormwater vault and each home shall have an undivided interest in the western retaining wall or walls along the road and if Lot 12 is ultimately approved provide the appropriate documents for the review and approval of the Planning Division project manager prior to recording of the final plat. 6. A note shall be placed on the face of the plat which indicates that Lots 3 and 8 shall be oriented to take access from proposed Road A. 7. The applicant shall place signs at the northerly terminus of proposed Road B which alert future property owners that this road may be extended to the north should future development warrant such an exte4nsion. These signs shall be installed prior to recording of the final plat. 8. The applicant shall obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault subject to review and approval by the City Attorney. 9. The grate covering the drainage vault shall be located either in the sidewalk or the landscaping. 10. All retaining wall, rockeries and transitions shall meet the building standards. ORDERED THIS I" day of April 2010. FRED J. KAUF HEARING EXA NER TRANSMITTED THIS 1" day of April 2010 to the parties of record: Jennifer Henning Development Services Renton, WA 98057 Shupe Holmberg Baima & Holmberg 100 Front Street Issaquah, WA 98027 Moin Kadri 19213 Kenlake Place NE Kenmore, WA 98028 Robert Thomas 18833 102nd Ave SE Renton, WA 98055 Kayren Kittrick Development Services Renton, WA 98057 Vincent Geglia 11410 NE 12e St., Ste, 590 Kirkland, WA 98034 Ravinder & Jasbir Aluwalia 730 S 55`h Street Renton, WA 98055 Michael Link 19249 98a` Place S Renton, WA 98055 Khanh Nguyen Steve McNamee Robert Wilson 21703 64d` Street East Lake Tapps, WA 98391 Paul Witt 617 S 53rd Place Renton, WA 98055 Steven Beck Amberwood LLC 4735 NE 0 Street Renton, WA 98059 Quang Dang & Kim Duong 623 S 53rd Place Renton, WA 98055 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 13 616 S 53`d Place Renton, WA 98055 701 S 52°d Street Renton, WA 98055 TRANSMITTED THIS 15' day of April 2010 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Marty Wine, Assistant CAO Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 15, 2010. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 a.m., April 15, 2010. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. dd `M ObI-6ovn7 dj)W uoga2o7,aafaud laa-I35 y,SS 4;nQS QZL :uq'IP.-Jo7 P4OJd 113 - 30 T23N R5E E 1/2 EXHIBIT 5 jyiy � _pr�y�4 YaYa�y�iy.'yyB _�_ thl _3.iie p "! Z 1. ~ zz 0 pgi r) Lat N T Q#+w v LU 3 W _ EGC •4 P xS IL ,L o�� Z� 0 fix! 0 � EL as .4. �aa O� if on i+ 40 + �'7 � i ,1P6� i,BJ•,ALCpIY ! I � c a u1r ]ao m M3MM s.o IOC-CGDL a..s R m �rr��o� �il�r Mwft1cs= = CUMSEM°—.. .— 74 � wah. xwd mcava m. RI r..an WNm wtimo-�lo-loo-r�t✓.rm-aa5con�. m Aa' - mW J7avF J jn d mg .r.r -8 r � � m ll, i w --{�11 I I W z 3 fit V a W s i LU IL— W x e 1 Y' II i os ii is�P� c) I 1 � � k� ,Ih/N �,B• , 33 Y/1 3S ,i6L 7I 3Yl 3, �4y i b %*kx i - 9a F`NIN � J EXHIBIT 3 ---- `---- ss— — — — — — — — — — — — — = r .im >_ ; i:u .r 1 a i. • '.'�i it l�S��., ..._ ._ ,_ .._, . _ .. April, 12" 2010 Mr. Gerald C. Wasser, Associate Planner Dept. of Community and Economic Development City of Renton Dear Mr. Wasser, Our name are Khanh Nguyen and Duc-Quy Nguyen, owner of the house 616 S. 53' Pl. Renton WA 98055 Geneva Court, the house on the west side, right next to lot 12 of Wilson Park. We strongly support the recommendations of the hearing on April 1 "- 1- Lot 12 shall be eliminated. 2- The foundation of the wall need to be strong and the wall should be look artistic. 3- Rain water drain to the west side through Geneva Court should be minimized as possible. Thank you for your good work for our community. Sincerely, Khanh Nguyen (206)250-6810 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT- PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 24th day of February, 2010, 1 deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Representing Agencies See Attached Shupe Holmberg Contact Steve Beck Applicant Robert Wilson Owner Ravinder & Jasbir Aluwalia POR Paul Witt POR Robert Thomas POR Michael Link POR Quang Dang & Kim Duong POR Khanh Nguyen POR Steve McNamee POR (Signature of Sender): STATE OF WASHINGTON ) SS �I�i►r, COUNTY OF KING a I certify that I know or have satisfactory evidence that Stacy M. Tucker �it��i�pF WAS signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _�-i 'A �A Notary Public in and for the State of Washington Notary (Print): 1-� . A . (- c «-V-) ','- My appointment expires: �� .t Q q f av \_� ^roject,jV,att` Wilson Park Preliminary Plat Project Number 3 LUA09-140, ECF, PP template -. affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. " Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 — 172"d Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office " Muckleshoot Cultural Resources Program Attm Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS-240 Seattle, WA 98106-1514 39015 172"d Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing rCity aE. A r NOTIC OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSCN5 OF AN ENVIRONMENTALACDON PROIECT NAME: vakon Pare PN*M..Y Rat "OJECr NUMBER LU03MQ Ecr, PP LOCATIOR YZOSM'Smaal OESpRPTION: The -PO— N reW-UNII FnWMreerTy ISEPAI RaNaa aad ap,A M rmhrkmr Phk forfhe P"'Is$mrda HSAM aeome foe fM Gael pare!ie tha IFS 0.i aid N-Mm mmek tM trrhan Separrw aveflay. Tlx vldnd areposY ermnpm� 13-Im antl'H--Tler a can mm Pmrm rLLAvnNorl I. 71w raeiaad Pniosrf MOOmpa-1NPN nd t-baec par opfn waL A I, of Wr pMs d let 12 .add ohm mmaar an am Ima—aat A Proporpq rtwmwaty YauN rcuk G IsucM ardor 1M prpmN roan road. Pmpmad ka nnaa h &e boa d,SOp ea IS,Opa agora ran mNA a demNY dY9S draa6,awho Pat itra. Tha Prwaaad rra are' —dad for tha tuna. mnaaaalar of akrde f—d, $WN- a—Pllr rmp hom L3%m M and IM se feetlraahan Pmdof The der ""A. a arril area or prveemad skpm four -14 Access to ere P'aPe+ad m raodq M Uia a now streak oR or f Shh so -at s aamrrdmy aoxu M amaam y adtldu k aIm OrapPdad. 6rndhy world MOWe ,ppmAme,,V LY,PRO male Vw a d art MTh apPra> - fiAW Wbk Pardo mud m � Y. Aypro,dnefPF 50U mac Yards or avafred run R ewer be raetl for rn. d mnm.dyv� THE CRY OF RENTON ENVIRONMENTAL REVIEW CDMMOTEE IERC) HAS DEnFrAiNEO THAT THE PROPOSED ACTION DOES NOT HAVE SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. APpeeb of the mwlmamelydl debt MEIM TVs[ he MW inwrRaa o, M bafafa SAW Pm. on March u mu. ►ppub must be fled us ardtleR batldrer with the requn.d Le as b; Hearhq Emmhrar, CaV of Rarrmnr toss SOUM Gandy Way. Ra rrt4rl, WA "0"' Appeab la, the Examiner ire aya emed by CRY of Renuse M.Mdpal Cm nde Saan i-y1lG.l. Addhkmal hd rmakbn regardhq 0. appeal pamaa myE be obviated from The Re CRY Oera's omm, (as) 43D43m A PDBUC HEARING WILL BE NEW BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMREAS ON THE M FLOOR OF CITY HALL, 1055 SOUTH GRADY WAYr RENTaN, WASHINGMN, ON MARCH 16, 2010 AT 9dn AM TO CONSIDER THE PREUMJKARY PLAT, iF THE EWRONMENTAL DETERMINATION LSAPPEALED, THE APPEAL WILL SE HEARD AS PARTOF THIS PUBDC HEARING, r FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF �• COMMUNITY &ECONOMIC DEVELOPMENT AT 14251430-7200, DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PFease I-J-k the Project NUMBER when ailing for proper Me Went&cab D. X ` %-� ',f�<<1 WA3 CERTIFICATION +�+++��kw,%�„�..�``� 5ihereby certify that copies of the above document were posted in conspicuous places or nearby the de ed prope . Date: Signed: IG STATE F WAS INGTON ) SS COUNTY OF KING certify that 1 know or have satisfactory evidence that C�er" td Cti- r signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Notary (Print): 1) A bc My appointment expires: ,�,�L..S�r�, 0k3 CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 9th day of March, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents. This information was sent to: Name Representing Shupe Holmberg Contact Steve Beck Applicant Robert Wilson Owner Robert Thomas FOR Paul Witt POR Ravinder & lasbir Aluwalia FOR Michael Link POR Quang Dang & Kim Duong POR Khanh Nguyen POR Steve McNamee POR (Signature of Sender): — 1 f,d (y VIP STATE OF WASHINGTON SS COUNTY OF KING ), I certify that I know or have satisfactory evidence that Stacy M. Tucker Or* ~` signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses NWKrposes mentioned in the instrument. Dated: <( -2 0/0 Notary P6blic in and for the State of Washington Notary (Print): 0, A My appointment expires: ,� ( Wilson Park Preliminary Plat LUA09-140, ECF, PP Denis Law City of Mayor I.. 1 \ I March 9, 2010 Department of Community and Economic Development Alex Pietsch, Administrator Shupe Holmberg Baima & Holmberg Inc. 165 NE Juniper Street #201 Issaquah, WA 98027 SUBJECT., Wilson Park Preliminary Plat LUA09-140, EC1F, PP Dear Mr. Holmberg: This letter is to inform you that the appeal period will end March 12, 2010 for the Environmental Review Committee's (ERC) Determination of Non -Significance - Mitigated for the above -referenced project. If no appeals are filed on the ERC determination by the appeal period end date the decision will become final. The applicant must comply with all ERC Mitigation Measures outlined in the Report and Decision dated February 22, 2010.. A Hearing Examiner Public Hearing has been scheduled for March 16, 2010, where Site Plan Conditions may be issued. The applicant or representative(s) of the applicant are required to be present. Enclosed is a copy of the Preliminary Report to the Hearing. Examiner for your. review. If you have any questions, please feel free to contact me at (425) 430-7382. For the Environmental Review,Committee, Gerald C. Wasser . Associate Planner Enclosure cc: Robert Wilson / Owner(s) Steve Beck - Amberwood LLC / Applicant Paul Witt, Ravinder & Jasbir Aluwalia, Robert Thomas, Michael Link, Quang Dan & Kim Duong, Khanh Nguyen; Steve McNamee / Party(ies) of Record Renton City Fiala 9 1055 South Grady Way 0 Renton, Washington 98057 a rentonwa.gov DEPARTMENT OF COMMUNITY D ciryof AND ECONOMIC DEVELOPMENT 8?� HEARING EXAMINER PUBLIC HEARING March 16, 2010 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Drofiak Apartments PROJECT NUMBER: LUA09-112, ECF, SA-M PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review and Environmental (SEPA) Review for the construction of a 3-story, approximately 33-foot tall multi -family apartment building. The 19,889 square foot site is located within the Residential Multi -Family (RMF) zoning designation. The proposed building would include 10,879 square feet of residential space within 8 residential units and an apartment leasing office. The applicant is proposing 16 parking stalls which would be located within a surface parking lot located north and west of the proposed building. Access to the site would be provided from SE Petrovitsky Rd via one existing curb cut. There are no critical areas located on site. PROJECT NAME: Wilson Park Preliminary Plat PROJECT NUMBER: LUA09-140, ECF, PP PROJECT DESCRIPTION: The applicant is requesting approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13% to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of South 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. HEX Agenda 3-16-10.doc PUBLIC City of Renton Department of Community and Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: PUBLIC HEARING DATE: March 16, 2010 Project Name: Wilson Park Preliminary Plat Applicant/Owner: Robert Wilson; 21703 60th Street East; Lake Tapps, WA 98391 Contact: Shupe Holmberg; Baima & Holmberg Inc., 100 Front Street; Issaquah, WA 98027 File Number: LUA09-140, PP, ECF Project Manager: Gerald Wasser, Associate Planner Project Summary: The applicant is requesting approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13% to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of South 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. Project Location: 720 South 551h Street Project Location Map LUA09-140, ECF, PP City of Renton Community and Economi !1opment Deportment minary Report to the Hearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 2 of 13 B. HEARING EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Vicinity Map (date stamped 10/16/09) Exhibit 3: Preliminary Plat Map (Baima & Holmberg Inc., Sheet 1/1, revised 01/11/10) Exhibit 4: Boundary/Topography Map, (Baima & Holmberg Inc., Sheet 1/5, revised 01/11/10) Exhibit 5: Generalized Utilities/Drainage/Control/Conceptual Grading/Landscaping Plant (Sheet 2/5, revised 01/11/10) Exhibit 6: Road Profile (Baima & Holmberg Inc., Sheet 3/5, revised 01/11/10) Exhibit 7: Wall Profiles & Cross Sections, (Baima & Holmberg Inc., Sheet 4/5, revised 01/11/10) Exhibit S: Tree Inventory, (Baima & Holmberg Inc., Sheet 5/5, revised 01/11/10) Exhibit 9: Zoning Map (Sheet 13, East %) Exhibit 10: Administrative Policy/Code Interpretation affecting Urban Separator Overlay Regulations, effective January 14, 2010 Exhibit 11: Street Modification letter, dated November 10, 2009 C. GENERAL INFORMATION: 1. Owner of Record: Richard Wilson 21703 60t" Street East Lake Tapps, WA 98391 2. Zoning Designation: Residential —1 du/ac (R-1); Residential — 8 du/ac; Residential —14 du/ac (R-14); Urban Separator Overlay 3. Comprehensive Plan Designation: Residential Low Density (RLD); Residential Single Family (RSF); and, Residential Medium Density (RMD) 4. Existing Site Use: Single-family home 5. Neighborhood Characteristics: North: Vacant (R-1, R-8, and R-14 East: Vacant (R-4) South: Vacant and Single Family Home (R-1, R-8, and R-14) West: Single Family Residential Plat (Geneva Court, R-14) 6. Site Area: 2.49 acres (108,884 gross square feet) D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 3268 12/13/78 Comprehensive Plan N/A 5099 11/01/2004 Zoning Code N/A 5100 11/01/2004 E. PUBLIC SERVICES: 1. Utilities: Water: Water service is provided by Soos Creek Water and Sewer District. LUA09-140, ECF, PP Co of Renton Community and Economi elopment Department minory Report to the Hearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 3 of 13 Sewer: Sewer service is provided by City of Renton. An 8-inch diameter sanitary sewer is required to be extended to serve the site. Surface Water/Storm Water: Storm conveyance is City of Renton. 2. Streets: All streets are within the City of Renton. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE. 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Tables c. Section 4-2-110: Residential Development Standards d. Section 4-2-115: Residential Design and Open Space Standards 2. Chapter 4 Property Development Standards a. Section 4-2-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-080: Detailed Procedures for Subdivision b. Section 4-7-120: Compatibility with existing Land Use and Plan — General Requirements and Minimum Standards c. Section 4-7-150: Streets — General Requirements and Minimum Standards d. Section 4-7-170: Residential Lots — General Requirements and Minimum Standards e. Section 4-7-220: Hillside Subdivisions 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN.- 1. Land Use Element: Residential Low Density; Residential Single Family; Residential Medium Density 2. Community Design Element: Natural Areas; Urban Separators; New and Infill Development: Site Planning; 3. Environmental Element: Storm Water; Steep Slopes, Landslide, and Erosion Hazards H. DEPARTMENT ANALYSIS. 1. Project Description/Background The applicant proposes subdividing an existing 2.49 acre parcel (APN 312305-9125) into 12 lots suitable for the eventual development of detached single family homes and 3 tracts for open space. The resulting parcels would range in size from 4,500 to 13,006 square feet. In addition, the applicant is also LUA09-140, ECF, PP City of Renton Community and Economi efopment Deportment minory Report to the Hearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE Morch 16, 2010 Page 4 of 13 proposing that 4,884 square feet of proposed Lot 12 (which is within the Talbot Urban Separator) be designated as a Native Growth Protection Easement. The site is comprised of three zoning classifications: 27,156 square feet in the Residential -1 dwelling units per acre zone (R-1) ; 79,343 square feet in the Residential — 8 dwelling units per acre (R-8) zone; and, 2,384 square feet in the Residential —14 dwelling units per acre (R-14) zone. In addition, the Talbot Urban Separator Overlay is present and corresponds to the R-1 zoning in the western portion of the site. Overall density of the 12-lot proposal on the site would be 7.99 dwelling units per acre. Primary access to the site would be via a 50-foot wide access easement from South 551h Street. This access easement is approximately 300-feet in length and accesses the westerly portion of the site and is identified as "Road A" on the revised site plan. A secondary emergency access on the easterly side of the property is also proposed via a 30-foot wide access easement and continues to the northerly property line. This access is identified as "Road B" on the Preliminary Plat plan. A stormwater detention vault is proposed off -site and to be located under proposed Road A. The applicant is proposing grading involving 17,000 cubic yards of cut with approximately 6,000 cubic yards of it being used as structural fill material with the remainder to be exported. In addition, approximately 500 cubic yards of crushed rock fill would be imported to the project site for road construction. An existing single family residence (3,520 square feet) would be demolished to accommodate the proposed development. Because average slopes are in excess of 20 percent this project is considered a hillside subdivision. 2. Environmental Review Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on Feb 22, 2010, the Environmental Review Committee issued a Determination of Non -Significance Mitigated (DNS-M) for the Wilson Park Preliminary Plat. A 14-day appeal period commenced on February 26, 2010 and ended on March 12, 2010. No appeals of the threshold determination were filed as of the writing of this staff report. 3. Compliance with ERC Conditions Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measure with the Determination of Non -Significance — Mitigated: 1. The applicant shall place a note on the face of the plat which requires a 15-foot building setback line from the top of slopes which are 40% or greater. 2. The applicant will be required to comply with the recommendations contained in the Geotechnical Engineering Study, prepared by Liu & Associates, Inc. dated February 20, 2009. 3. The applicant shall clearly mark and fence trees outside the construction area and replant exposed ground as soon as possible after construction activities. 4. That the applicant shall provide a Temporary Erosion and Sedimentation Plan designed pursuant to the 2005 Department of Ecology's Erosion and Sediment Control Requirements and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. LUA09-140, ECF, PP City of Renton Community and Econorni eiopment Department WILSON PARK PRELIMINARY PLA T 'minary Report to the Nearing Examiner LUA09-140, PP, ECF PUBLIC NEARING DATE March I6, 2010 Page 5 of 13 5. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the Project Engineer of record to the Public Works inspector. 6. Grading and foundation activities shall be conducted during the dryer months of the year from April 1 through October 31 unless otherwise approved by the Development Services Division. 7. The final drainage report and design shall be subject to the 2009 King County Surface Water Design Manual. 8. The applicant shall be required to pay a Parks Mitigation Fee based on $530.76 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated to be $5,838.36. 9. The applicant shall be required to pay a Traffic Mitigation Fee based on $75.00 per each new average daily vehicle trip associated with the proposed project prior to recording of the final plat (with credit given for the existing house). The fee is estimated to be $7,895.25. 10. The applicant shall be required to pay a Fire Mitigation Fee based on $488.00 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated at $5,368.00. 11. The applicant shall submit a sample board indicating the texture and tinting to be used on all visible surfaces of retaining walls for the review and approval of the Planning Division project manager prior to the issuance of construction permits. 4. Staff Review Comments Representatives from various departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency with Preliminary Plat Criteria Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Low Density (RLD), Residential Single Family (RSF), and Residential Medium Density (RMD) on the City's Comprehensive Plan Land Use Map. The proposal is consistent with all of the following Comprehensive Plan Land Use policies: Policy CD-1. Integrate development into natural areas by clustering development and/or adjusting site plans to preserve wetlands, steep slopes, and notable stands of trees or other vegetation. Natural features should function as site amenities. Use incentives such as flexible lot size and configuration to encourage preservation and add amenity value. ✓ Policy Objective Met ❑ Not Met Policy CD-22. During land division, all lots should front streets or parks. Discourage single tier lots with rear yards backing onto a street. Where a single -tier plat is the only LUA09-140, ECF, PP City of Renton Community and Economi elopment Department minary Report to the Nearing Examiner WIL50N PARK PRELIMINARY PLAT LUA09-140, PP ECF PUBLIC NEARING DATE March 16, 2010 Page b of 13 viable alternative due to land configuration, significant environmental constraints, or location on a principal arterial, additional design features such as larger setbacks, additional landscaping, or review of fencings should be required. a. Evaluation of land configuration should consider whether a different layout of streets or provision of alleys is physically possible and could eliminate the need for a single -tier plat. b. Evaluation of environmental constraints should consider whether the location and extent of critical areas prevents a standard plat design. c. Review of fencing should ensure that the development does not "turn its back" to public areas. ✓ Policy Objective Met ❑ Not Met Policy CD-25. Streets, sidewalks, and pedestrian or bike paths should be arranged an interconnecting network. Dead-end streets and cul-de-sacs should be discouraged. A grid or "flexible grid" pattern of streets and pathways, with a hierarchy of widths and corresponding traffic volumes, should be used. ✓ Policy Objective Met ❑ Not Met Policy CD-26. Interpret development standards to support plats designed to incorporate vehicular and pedestrian connections between plats and neighborhoods. Small projects composed of single parcels and/or multiple parcels of insufficient size to provide such connections, should include future street stubs. Future street connections should be clearly identified to notify residents of future roadway connections. ✓ Policy Objective Met ❑ Not Met Policy EN-28. Minimize on -site erosion and sedimentation during and after construction. ✓ Policy Objective Met ❑ Not Met Policy EN-71. Allow land alteration only for approved development proposals or approved mitigation efforts that will not create unnecessary erosion, undermine the support of nearby land, or unnecessarily scar the landscape. ✓ Policy Objective Met ❑ Not Met Policy LU-156. Residential Low Density areas may be incorporated into Urban Separators. ✓ Policy Objective Met ❑ Not Met Policy EN-28. Minimize on -site erosion and sedimentation during and after construction. ✓ Policy Objective Met ❑ Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated R-1, R-8, and R-14 on the City of Renton Zoning Map. The proposed development would allow for the future construction of 12 new single-family dwelling units. Density: The density permitted in the R-1 zone is a maximum of 1 dwelling per net acre (du/ac). The density range in the R-8 zone is a minimum oOf 4.0 up to a maximum of 8.0 du/ac. The density range in the R-14 zone is a minimum of 10.0 and a maximum of 14.0 du/ac. Net density is calculated after public rights -of way, private access easements, and LUA09-140, ECF, PP City of Renton Community and Economi ?Iopment Department minory Report to the Hearing Examiner WILSON PARK PRELIM1NARYPLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 7 of 13 critical areas are deducted from the gross acreage of the site. The net acreage of the R-1 area of the property is 0.3882 acre (23,795 sf -- 5,927 sf of road area and 958 sf of steep slope area = 16,910 sf or 0.3882 ac); the net acreage of the R-8 portion of the property is 63,277 sf or 1.4526 ac (80,632 sf — 17,355 sf of road area = 63,277 sf or 1,4526 ac); and the net acreage of the R-14 area of the property is 2,094 sf or 0.0481 acre (2,384 sf — 290 sf of road area = 2,094 sf or 0.0481 acre). The overall net density for the project is 7.99 du/ac. Lot Dimensions: Twelve lots and three tracts are proposed. The minimum lot size required in the R-1 zone is 1 acre or 10,000 sf for cluster developments; minimum lot width in the R- 1 zone is 75-feet for interior lots and 85-feet for corner lots and the minimum depth is 85- feet. The minimum lot size in the R-8 zone is 4,500 sf for parcels greater than one acre in size; the minimum lot width in the R-8 zone is 50-feet for interior lots and 60-feet for corner lots. No lots are proposed in the R-14 portion of the property. As proposed and demonstrated in the table below, all lots meet the requirement for minimum width. Lot Area {sq, ft.j Width/Depth (ft.) Notes 1 4,594 63 /75 R-8 Zone; abuts open space Tracts B &D 2 4,500 60/75 R-8 Zone 3 5,896 80/75 R-8 Zone; corner lot 4 5,993 50/120 R-8 Zone 5 5,979 50/120 R-8 Zone 6 5,964 50/120 R-8 Zone 7 5,782 57/120 R-8 Zone; future road connection to north S 6,269, 70/90 R-8 Zone; corner lot 9 5,400 60/90 R-8 Zone 10 5,400 60/90 R-8 Zone 11 5,404 60/90 R-8 and R-1 Zones 12 13,006 (net lot area 8,122) 108/90 Ft. R-1 Zone; includes 4,884 sq. ft. of open space 8 958 N/A Steep Slope Open Space Tract C 4,195 N/A Open Space Tract D 2,900 N/A Open Space Tract Setbacks: Proposed Lots 1 -11 are subject to the setback requirements of the R-8 Zone. Lot 12 is entirely within the R-1 Zone, and is, therefore, subject to R-1 setbacks. None of the proposed lots are subject to the requirements of the R-14 zone. R-1 zone setback requirements are a minimum of 30-feet front yard, 15-feet side yard and 25-feet rear yard. R-8 setback requirements area minimum of 15-feet for the primary LUA09-140, FCF PP City of Renton Community and Economi ?Iopment Department ninary Report to the Nearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 16, 2010 Page S of 13 structure and 20-feet for attached garages in the front yard, 5-feet side yard and 20-feet rear yard. As proposed, all lots appear to contain adequate area to provide all required setback areas. Compliance with building setback requirements would be reviewed at the time of building permit review. The applicant has indicated that the existing residence on portions of proposed Lots 2, 3, 8, and 9 would be removed. Since the existing house is within the area of several proposed lots and the Road B, the house will need to be removed prior to recording. Staff recommends as a condition of approval, that the applicant apply for and obtain a demolition permit, remove the existing residence, and complete final inspections of the demolition prior to plat recording. Building Standards: The R-1 and R-8 zones permit one residential structure per lot. Each of the proposed lots would support the construction of one detached single family home/ Building height in the R-1 (Lot 12) and R-8 zones (Lots 1 - 11) is limited to 30 feet. The maximum lot coverage in the R-1 Zone (Lot 12) is 35% percent; while the maximum impervious lot coverage in the R-8 Zone is dependent on the lot size. For lots greater than 5,000 square feet (Lots 3 - 11) 35% lot coverage or 2,500 sq. ft. is permitted, whichever is greater; for lots less than 5,000 sq. ft. (Lots 1 and 2) 50% lot coverage is permitted. It appears that all of the proposed parcels contain enough area to accommodate single family residential homes that comply with the lot coverage requirements. The building standards for proposed lots would be verified at the time of building permit review. Proposed Lot 12 contains an open space easement which would be recorded as a part of the Native Growth Protection Easement (NGPE) recommended in this report. d f Community Assets Landscaping: The applicant will be required to provide landscape strips along the internal roads where street trees shall be planted. Proposed Road A within the plat would require an 8-foot landscape strip between the street and the sidewalk along the north side of the street. The off -site portion of Road A will also require an 8-foot planter strip between the street and the sidewalk. Proposed Road B is required to have a 5-foot planter strip landscaped with street trees. The applicant has submitted a tree inventory and tree retention worksheet which indicates that there are 101 trees on the site. A total of 25 trees must be retained and the applicant is proposing to retain 15 of these trees. The replacement ratio is six, 2-inch caliper trees per tree removed. The applicant is proposing to provide 60 replacement trees. The majority of these replacement trees are proposed to be planted within the Urban Separator Area (R-1 zoning) which encompasses the eastern portion of proposed Lot 12, and Tracts B, C, and D. Staff recommends as a condition of approval that a Native Growth Protection Easement (NGPE) be recorded over the eastern portion of Lot 12 and Tracts B, C, and D. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division project manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat. In order to ensure that the proposed open space area would be provided with vegetation enhancement, staff recommends as a condition of approval that the applicant be required to plant replacement trees as indicated on Exhibit 8. Staff further recommends as a condition of approval that the applicant establish a Homeowners LUA09-140, ECF, PP City of Renton Community and Fconomi elopment Department minory Report to the Hearing Examiner WIL50N PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 16, 2010 Page 9 of 13 Association which would be responsible for maintenance of the open space areas within the plat. Open Space: The R-1 zoned portion of the property coincides with the Talbot Road Urban Separator Overlay. RMC 4-3-110 identifies two Urban Separator Overlay areas in the City: the May Valley Urban Separator and the Talbot Road Urban Separator. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation. However, in the Talbot Road Urban Separator only portions of properties are within the Urban Separator. Urban Separators are intended to create contiguous open space corridors within and between urban communities, which provide environmental, visual, recreational and wildlife benefits. The purpose of the Urban Separator is also to protect resources and environmentally sensitive areas. Properties located within Urban Separators are required to dedicate 50 percent of the designated gross area of the property as open space. For properties in May Valley, where entire properties are within the Urban Separator, this is appropriate. However, for properties in the Talbot Road area, where only portions of the sites are within the designated Urban Separator, the requirement for dedicating 50 percent of the area as open space is a hardship. By requiring 50 percent of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot Road and May Valley Urban Separator areas. An Administrative Policy/Code Interpretation which became effective on January 14, 2010 states that properties in the Talbot Urban Separator will be required to dedicate 50 percent of the gross land area in the Urban Separator as open space, rather than 50 percent of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator. The area of the project site within the Talbot Road Urban Separator (R-1 zone) is 23,795 sf. Using the Administrative Policy/Code Interpretation cited, above, the applicant would be required to dedicate 11,898 sf of open space. The applicant proposes to provide 12,937 sf of open space (958 sf in Tract B, 4,195 sf in Tract C, 2,900 sf in Tract D, and 4,884 sf in the open space easement as part of proposed Lot 12). e) Compliance with the Subdivision Regulations Streets: Access to the site would require the dedication of a new public street across an abutting property. This street would 26-feet of paving, an 8-foot planter strip and a 5-foot sidewalk. A secondary emergency access across the abutting property to the southeast is required. This emergency access would be gated and is required to have 20-feet of paving. Residential Blocks: RMC 4-7-160A states that blocks shall be wide enough to accommodate two tiers of lots, except where the location and extent of environmental constraints prevent a standard plat land configurations including size and shape of the parcel. In addition, prior the approval of a single tier of lots, the applicant must demonstrate that a different layout or provision of an alley system is not feasible. The site contains environmental constraints including limited access, steep slopes, and narrow underlying lot width which preclude a double tier of lots or an alley configuration. Furthermore, the applicant initially proposed a different lot layout, with more parcels, and redesigned the plat to conform to the multiple underlying zone classifications and the Urban Separator Overlay. Staff supports the current lot layout. The parcels are uniform in size and shape. Lots: The proposed lots are generally rectangular in shape and conform to Code requirements in terms of minimum size and width_ Proposed Lots 3 and 8 would be corner lots and frontage has been determined to be on proposed Road A. Staff recommends as a LUA09-140, ECF, PP City of Renton Community and Economi, rlopment Department WILSON PARK PRELIMINARY PLAT PUBLIC HEARING DATE March 16, 2010 ninory Report to the Hearing Examiner LUA09-140, PP ECF Page 10 of 13 condition of approval that proposed Lots 3 and 8 front on proposed Road A and, therefore, a note shall be placed on the face of the plat prior to recording. f j Reasonableness of Proposed Boundaries: Access: Each of the proposed lots and tracts would have access to a public street. The applicant has proposed to extend a new 42-foot wide public street from South 55th Street. This street would have 26-feet of paving, an 8-foot planter strip, a five-foot sidewalk, curb and gutter along the westerly side of the street. This street would require off -site dedication. Within the plat, Road A would be a 42-foot wide right-of-way consisting of 26 feet of paving, with and 8-foot wide landscape strip and 5-foot wide sidewalk fronting proposed Lots 8 —12. The sidewalk and planting strip would be located on only on the north side of the street fronting Road A. Improvements proposed on proposed Road B fronting Lots 4 — 7 consist of a 5-foot wide sidewalk and a 5-foot wide sidewalk and a 5-foot wide planting strip along the east side of proposed Lot 8. Improvements for proposed Road B would end at the northern property line. Staff recommends as a condition of approval that the applicant place a sign at the northern terminus of proposed Road B that alerts future property owners that this road may be extended to the north should future development warrant such an extension. Emergency secondary access would be provided via an emergency vehicle access extending from the southeast terminus of Road `B' (near Lots 3 and 4) to South 551h Street. This emergency access would require 20-feet of pavement. Property owners to the west have expressed concern about the installation of new roads to the proposed project. They are concerned about appropriate setbacks, easements and fences along property lines. Additionally, these property owners are concerned about safety on these roads in inclement weather. The surrounding property owners also suggest a concrete barrier wall for cars travelling southbound (downhill) on proposed Road A. The applicant must address all appropriate City of Renton road safety issues at the time of construction. The property owners to the west are also concerned about traffic on 5 55th Street which is serpentine and slopes downward from east to west in the vicinity of the proposed project. While it is acknowledged that vehicle accidents have occurred in this area on S 55th Street, the Traffic Study submitted with the application materials indicates that sight distances at the proposed access point for the proposed project are adequate. This has been verified by City staff. Topography: The site contains areas of protected slopes (greater than 40 percent) in the southwestern portion of the property. The Environmental Review Committee imposed a mitigation measure which requires the applicant to place a note on the face of the plat that requires a 15-foot building setback line from the top of slopes which are 40 percent or greater. The applicant has indicated proposed retaining walls along the westerly side of proposed Lot 12 (within the R-14 portion of the property) and through proposed Lots 5, 6, and 7. These walls range in height from 12 to 20-feet in height. The retaining wall on the easterly side of the property would be poured concrete or soil nail composition. The retaining wall on the westerly side of the property would be poured concrete or reinforced earth. Because the height of these proposed walls may cause visual impacts to adjoining property owners to the west and northeast, the Environmental Review Committee imposed a mitigation measure to require a combination of texturing and tinting on all visible surfaces LUA09-140, ECF, PP City of Renton Community and Economi elopment Deportment minary Report to the Hearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC HEARING DATE March 15, 2010 Page 11 of 13 of the proposed retaining walls. Because proposed retaining walls would be in close proximity to property lines, staff recommends as a condition of approval that the applicant obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault. Property owners to the west of the project site have expressed concern about appropriate engineering of the proposed project so that the properties below the site are not compromised by increased danger of landslides or run-off. The Geotechnical Engineering Study prepared by Liu & Associates, Inc., dated February 20, 2009 and the Technical Information Report prepared by Baima & Holmberg, Inc., dated May 5, 2009 address these issues and present recommendations to avoid such consequences. Relationship to Existing Uses: Single-family residences abut the project site to the west and south with vacant land to the north and east. The detached single-family residences would be compatible with the surrounding development. g) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development. Due to limited access staff recommends, as a condition of approval, any future residence constructed within the plat shall be sprinkled unless the requirement is removed by the City of Renton Fire Marshal or his/her designee. A note shall be recorded on the face of the short plat to this effect. The proposal would add new residential units to the City that would potentially impact the City's Police and Fire Emergency Services. Staff recommended through SEPA Environmental Review as a condition of approval to mitigate for these impacts that requires the applicant to pay a Fire Mitigation Fee, based on $488.00 per new single-family residence payable prior to recoding of the final plat. The fire mitigation fee is estimated to be $5,386 (11 new units x $488.00 = $5,386.00) Schools: The project site is served by schools in the Renton School District. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Benson Hill Elementary, Nelsen Middle School and Lindbergh High School. School impact fees are regulated under RMC 4-1-160 and are in effect at the time of permit application or final plat approval. Currently, the Renton School District required fee is $6,310.00 per each new single-family residence; however, school mitigation and impact fees are updated annually and are subject to change. Surface Water: The applicant submitted a Technical Information Report for Wilson Park, prepared by Baima & Holmberg, Inc. dated May 5, 2009. That report includes an analysis of upstream tributary drainage which states that the parcel to the east drains onto the site. The Level 1 Downstream Drainage Analysis in the report states that runoff from the site flows west into lots in the adjacent Geneva Court development. The majorities of these flows collect in a drain constructed along the back yards of the western -most lots of the Geneva Court development and then flow into the storm system in South 53rd Place. This flow collects in a stormwater pond/bioswale facility located at the intersection of Talbot Road S and South 53rd Place approximately 750-feet downstream from the site. This facility outfalls through an 18-inch pipe to the west side of Talbot Road S into a poorly defined channel flowing into the woods. The flows then pass through a 12-inch culvert under a walking path and continue to flow west to a wooded wetland area more than a quarter LUA09-140, Eci, PP City of Renton Community and Economi elopment Department minary Report to the Nearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP ECF PUBLIC NEARING DATE March 16, 2010 Page 12 of 13 mile downstream from the site. Flows into the ditch along S 551h Street continue west in a rock lined channel along the north side of the street to the intersection of Talbot Road S and S 551h Street. The channel is eroded and shows signs of flowing into the street. Flows from the ditch along Talbot Road S collect in the storm system about 850-feet downstream from the site eventually flowing into Springbrook Creek at about 1,800-feet downstream from the site. Springbrook Creek continues flowing west to about one-half mile downstream of the site where it enters a box culvert crossing SR 167. The Technical Information Report indicates that there are no apparent drainage problems. The plans submitted by the applicant indicate that a proposed storm water detention vault would be located off -site in the easterly proposed access road to control downstream stormwater impacts. The Environmental Review Committee imposed a mitigation measure that requires the final drainage report shall be subject to the 2009 King County Surface Water Design Manual. Property owners to the west have expressed concern about changes in drainage due to impervious surfaces created by the proposed project. The applicant proposes to install a stormwater vault within the off -site portion of proposed Road A. Additionally, the applicant would be required to use the 2009 King County Surface Water Design Manual in the final drainage report. Water: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. A Certificate of Water Availability, dated November 7, 2008, has been issued by the Soos Creek Water & Sewer District. The applicant will show, during engineering review, the location and distance of all existing fire hydrants within 300 feet of the site. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings, if not already in place. Furthermore, the Fire Department requires that all new houses be sprinklered. Sewer: The site is within the City of Renton sewer service area. A minimum 8-inch diameter sanitary sewer extension is required to serve the site. Streets: The streets within the proposed project would be dedicated public streets and would become part of the City's street system. Improvements required on these streets are described ion the Access section, above. As indicated in that section, the neighboring property owners are concerned about how street safety issues would affect them. The Traffic Study prepared by Traffex, dated June 23, 2009 cites accident history in the project vicinity on South 551h Street between 98th Avenue S and 991h Place S. A total of four accidents occurred between January 1, 2004 and December 31, 2008. Two of the accidents were injury accidents with one of them being fatal. None of the accidents occurred at the curve on South 551h Street where the site access is proposed. The Traffic Study indicates that sight distances are adequate for the curves in the vicinity of the proposed project. The adequacy of sight distances has been verified by City staff and has been found to be appropriate for the proposed plat L UA09-14Q ECF, PP City of Renton Community and Economi elopment Department ninary Report to the Nearing Examiner WILSON PARK PRELIMINARY PLAT LUA09-140, PP, ECF PUBLIC NEARING DATE March 15, 2010 Page 13 of 13 G. RECOMMENDATIONS: Staff recommends approval of the Wilson Park Preliminary Plat, Project File No. LUA09-140, PP. ECF) subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on February 22, 2010 for Project File No. LUA09-140, ECF, PP. 2. The applicant shall apply for a demolition permit, remove the existing residence and complete final inspections of the demolition prior to plat recording. 3. A Native Growth Protection Easement (NGPE) shall be recorded over the eastern portion of Lot 12 and Tracts B, C, and D. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division project manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat. 4. The applicant shall be required to plant replacement trees as indicated on Exhibit 8 prior to recording of the final plat. 5. The applicant shall establish a Homeowners Association for the maintenance of the NGPE, the stormwater vault and the retaining walls and provide the appropriate documents for the review and approval of the Planning Division project manager prior to recording of the final plat. 6. A note shall be placed on the face of the plat which indicates that Lots 3 and 8 shall be oriented to take access from proposed Road A. 7. The applicant shall place signs at the northerly terminus of proposed Road B which alert future property owners that this road may be extended to the north should future development warrant such an extension. These signs shall be installed prior to recording of the final plat. 8. The applicant shall obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault subject to review and approval by the City Attorney. EXPIRATION PERIODS: The Preliminary Plat approval will expire S years from the date of approval. An extension may be requested pursuant to IRMC Section 4-7-0801. LUA09-140, ECF, PP EXHIBIT 2 C:D a e = zr g .av'Lor AYnC W- ln.��l.al rL�e >tiz..s�lvs --- ----- / as as os Y/ 'h I I Z e I ZZ �q"' I a ��0 1 I E I I I I I z , ee , .doers ,Dons .o0'oc Cq ZZ AVOL •eppg Rn® ___� I r `4 r-- r gIP j �121 1 aq I 6Lvlg, � 111 I C7 $ SI S u l I I $ t $ I m W O I! 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'•h: ' �RN�R��'=q�11� - ;� r{ Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/ CODE INTERPRETATION MUNICIPAL CODE SECTIONS: RMC 4-3-110, Urban Separator Overlay Regulations. REFERENCE: Wilson Park Preliminary Plat (LUA09-140, PP, ECF) SUBJECT: Determination regarding dedication of open space requirements for properties within the Talbot Urban Separator. BACKGROUND: The City received an application for a development proposal on a 2.5 acre site in the R-14, R-1, and R-8 Zones. The site includes a portion of the Talbot Urban Separator, which is an overlay intended to create contiguous open space corridors within and between urban communities, which provide environmental, visual, recreational and wildlife benefits. The purpose of the Urban Separator is also to protect resources and environmentally sensitive areas. There are two Urban Separator areas: May Valley and Talbot Road. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation. However, in the Talbot area, only portions of properties are within the Urban Separator, and these are generally portions of the property containing steep slopes. Properties located within the Urban Separator are required per RMC 4-3-110.E.2.a to dedicate 50% of the gross land area of the parcel or parcels as a non - revocable open space tract. In May Valley, since the entire property is designated Urban Separator, the dedication of 50% of the gross site area is appropriate. However, in the Talbot Urban Separator where only a very small portion of the site is designated Urban Separator, it is inequitable to require that 50% of the gross site area be retained. JUSTIFICATION: Urban Separator regulations require dedication of 50% of designated properties gross area as open space. For properties in May Valley, where the entire site is within the Urban Separator, this is appropriate. However, for properties in the Talbot area, where only a portion of the site is designated Urban Separator, the requirement for dedication of H:\CED\Planning\Title IV\Docket\Administrative Policy Code interpretation\Cl-06\Code Interpretation.doc Page 1 of 2 50% of the area as open space is a hardship. By requiring 50% of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley areas. DECISION: Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space, rather than 50% of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator, in order to create a contiguous open space corridor. PLANNING DIRECTOR APPROVAL: C. E. "Chip" Vincent DATE: APPEAL January 14, 2010 PROCESS: To appeal this determination, a written appeal --accompanied by the required filing fee --must be filed with the City`s Hearing Examiner (1055 S. Grady Way, Renton, WA 98057) no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: RMC 4-3-110.E.2 should be amended to read as shown on Attachment A. 0-05 Page 2 of 2 Attachment A RMC 4-3-110.E. 2. Dedication of Open Space Required. a. Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valley Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of the parcel or parcels as a non -revocable open space tract retained by property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviewing official. Approval of a plat, and/or building permit on an undeveloped legal lot in the Talbot Urban Separator Overlay shall require dedication of fifty percent 50% of the gross -land area of that portion of the parcel or parcels located within the Urban Separator as a non - revocable open sace tract retained by the property owner, or dedicated to a homeowners association or other suitable oqcIanization as determined by the reviewing official_ In order to satisfy the dedication requirement, some of the area _to_be dedicated may consist of .land abutting the Urban Separator, as determined by the Planning Director. on a case -by -case basis. Acreage in tracts may include critical areas and/or critical area buffers, At a minimum, open space shall be connected to another contiguous open space parcel by a fifty foot (50') corridor. b. Existing residences, existing accessory uses and structures, existing above ground utilities located in the tract at the time of designation and new small and medium utilities shall not count toward the fifty percent (50%) gross land area calculation for open space except for storm water ponds designed with less than 3:1 engineered slopes and enhanced per techniques and landscape requirements set forth in the publication the "Integrated Pond" King County Land and Water Resources Division. c. Approval of a building permit for an addition of three hundred (300) square feet for a primary use structure or five hundred (500) square feet for an accessory structure shall require recordation of a conservation easement, protective easement or tract and deed restriction on critical areas and critical area buffers located within the contiguous open space corridor pursuant to RMC 4-3-050E4, Native Growth Protection Areas. d. Land dedicated as open space shall be located within the mapped contiguous open space corridor unless a modification is approved pursuant to subsection E6 of this Section. Denis Law - - City o: Mayor . EXHIBIT 11 - - Department of Community and Economic Development November 10, 2009 Alex Pie tsch,Administrator Tom Redding Baima & Holmberg, Inc. 100 Front Street South Issaquah, WA 98027-3817 Subject: Wilson Park Preliminary Plat — LUA09-140 720 South 55"' Street Street Modification requests Dear Mr_ Redding: We have completed our review of your request for modifications to the street standards for the proposed Wilson Park Preliminary Plat located at 720 South 551h Street. The proposed residential subdivision is for 13 single family building lots and four additional tracts. The subdivision will be served by two access roadways south of the site to South 551h Street, connecting to a new street through the proposed project. You have requested modification for the internal roadway, including eliminating the required sidewalk from one side of the street, reducing the right-of-way width, and eliminating the requirement for a cul- de-sac. Clarification of the street improvement requirements for the two off -site access roadways is also. requested. The proposal continues to be based on a waiver of the required connection to the north property line. The request to reduce the internal street right-of-way width to 37.5 feet is denied. However, the request to delete the sidewalk from one side of the internal street is approved; subject to providing an eight -foot (8') planting strip between the street and remaining sidewalk. The requirement for a cul-de- sac is modified to allow for a hammerhead turnaround and gated emergency access for secondary access. The proposal to waive the requirement to extend the public street to the north property line is also denied. City Cade 4-6-060 (Street Standards) requires full.street improvements for all adjacent rights -of -way for, within, and dedicated by a plat. The -City can modify street improvements for new plats if there are practical difficulties in carrying out the provisions of -the Street Improvement Ordinance. The Modification Procedures, as defined in Section 4-9-250D, clearly states the criteria for approval by the Department Administrator. In order for a modification to be approved, the Department Administrator must find that a special individual reason makes the strict letter of this'Ordinance impractical, that the modification is in conformity with the intent and purpose of this. Ordinance, and that such modification: (a) Will meet the objectives andsafety, function, appearance, environmental protection and maintainability intended by this Ordinance, based upon sound engineering judgment; and (b) Will not be injurious to other property(s) in the vicinity; and Renton City Nall + 1055 South Grady way 0 Renton, Washington 98057. 9 rentonwa.gov Mr. Tom Redding Wilson Park Preliminary Plat Page 2 of 3 (c) Conform to the intent and purpose of the Code; and (d) Can be shown to be justified and required for the use and situation intended; and (e) Will not create adverse impacts to other properties in the vicinity. The request to reduce the right-of-way width to 37.5 feet cannot be approved. The code allows for consideration of reduction to 42 feet in width in cases where the additional area provides for a more reasonable lot configuration. The reduction to 42 feet in width is approved, but we fail to find justification to reduce the public right-of-way in this new residential neighborhood to a lesser standard. The request to eliminate the sidewalk along'the southerly side of the new internal roadway can be supported in this situation, provided there are equivalent value amenities provided in exchange for these improvements. This request is granted, subject to the provision of an eight- foot (8') wide planting strip, including landscaping and street trees, on the northerly side of the street with the new sidewalk. The project site will be accessed by a single public street, which requires a cul-de-sac. The proposed secondary access will mitigate the dead-end roadway configuration for emergency vehicles, but will not be available for regular vehicles and delivery trucks. The requirement for a cul-de-sac is hereby waived, .subject to providing a.full hammerhead turnaround in public right-of-way and emergency secondary access through an approved gated system. The function of a hammerhead turnaround will be provided with the extension of the street to the north property line, as addressed below. The proposed street design for the plat fails to meet the requirement to extend the public street system through the plat to the northerly property line. The property north of the site is large enough for future platting, and will be connected to the public street system approved for this plat. The requirement for extension of the public street system through the proposed plat to the north property line remains. This extension is to be provided where Lot 8 is proposed, as an extension of the easterly north -south access roadway. The street improvements required forth is preliminary plat, as modified in this decision, areas follows: Westerly off -site access roadway between S. 55th St and the development site: This street section shall be in dedicated public right-of-way. The pavement width can be reduced to 26 feet (26') in width, allowing for parking on one side of the street. Curb and gutter shall be provided along the westerly edge of the pavement. An eight -foot (8') wide planting strip shall be provided along the west side of the street, with a five-foot (5') wide sidewalk. New internal street system: This street section shall be in a minimum 42-foot width right-of-way. Additional right-of-way is also required at all the intersections and turns in the roadway configuration. These radius dedications shall be for a 15-foot radius. The pavement.width can be reduced to 26 feet in width, allowing for parking on one side of the street. Both sides of the street shall be improved with curb and gutter. A sidewalk is not required on the southerly side of the new street. The.face of the curb shall be installed three feet (3') from the southerly edge of the right-of-way. A five-foot (5') wide sidewalk shall be provided along the northerly and "outside" portion of the new internal street, with an Mr_ Tom Redding Wilson Park Preliminary Plat Page 3 of 3 eight -foot (8') planting strip. The planting strip is to be landscaped, including street trees. Street lighting meeting code with required lighting levels shall be provided on the new internal street system. Street extension to north property line: A public street is required in the approximate location of proposed Lot 8. This street shall include a minimum of 42 feet in right-of-way. The street improvements for this extension shall include 26 feet of pavement, and curb and gutter along both sides of the street. Sidewalks are required along both sides of this street section, both five feet (5') in width. The sidewalk on the east side of the street can be constructed adjacent to the new curb. The west side of the street shall include a five-foot (5') planting strip landscaped with street trees. Easterly off -site access roadway between S. 55th St and the development site: This street section is initially to be used for secondary emergency access through a private roadway easement. The pavement shall be a minimum of 20 feet in width through this roadway section. An emergency access gate, approved by the Renton Fire Department, can be installed where this roadway enters the new plat. If this private easement is replaced in the future with dedicated public right-of-way, the emergency access gate shall be removed. A note to this effect is to be included on the final plat. You have 14 days from the date of this letter to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing; with the City Clerk, and require a filing fee in the amount of $250.00, Appeals must be filed with the City Clerk before Tuesday, November 24, 2009, at 5:00 P.M. You may contact Kayren Kittrick at (425) 430-7299 if you have any questions or need additional information. Sincerely, Neil Watts, Director Development Services Division cc: Alex Pietsch, Community & Economic Development Administrator Chip Vincent, Planning Director Kayren Kittrick, Development Engineering Supervisor Jerry Wasser, Associate Planner City. of 8 r i •,� ��- d" f ti OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Wilson Park Preliminary Plat PROJECT NUMBER: LUA09-140, ECF, PP LOCATION: 720 5 55,h Street DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,894 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13% to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of 5 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 12, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.8. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON MARCH 16, 2010 AT 9:00 AM TO CONSIDER THE PRELIMINARY PLAT. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200, DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. 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SlagwloH adngS JOIeJIsiuivapy `y )SIz!d xaIV Ajen.l a lu,?wdolana(]�iwouoD3 pue AI!UnWWODJO luawliudad OTOZ tiZ q 3 Lam■ �,:� _ _ �` Shupe Holmberg Page 2 of 2 February 24, 2010 have any questions or desire clarification of the above, please call me at (425) 430-7382. For the Environmental Review Committee, Lam. Gerald C. Wasser Associate Planner Enclosure cc: Robert Wilson / Owner(s) Steve Beck / Applicant Paul Witt, Ravinder & Jasbir Aluwalia, Robert Thomas, Michael Link, Quang Rang & Kim Duong, Khanh Nguyen, Steve McNamee / Party(ies) of Record ANIL Denis Law. - . City of Mayor Y February 24, 2010 Department of Community and Economic Development Alex Pietsch, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA. 98504-7703 Subject: ENVIRONMENTAL (SEPA) DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on February 22, 2010: DETERMINATION OF NON -SIGNIFICANCE - MITIGATED PROJECT NAME: Wilson Park Preliminary Plat PROJECT NUMBER: LUA09-140, ECF, PP LOCATION: 720 S 55t" Street DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a preliminary plat subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8, and R-14 zones and.in the Urban Separator Overlay into 12-lots and 3-tracts (for open space). Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 12, 2010. Appeals must be filed in writing together with the.required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.B. Additional information. regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7382. For the Environmental Review Committee, Gerald C. Wasser Associate Planner Renton City Hall • 1055 South Grady Way • Renton, Washington 98057. 4 rentonwa.gou DEPARTMENT OF COMMUNITY City of •= r. AND ECONOMIC DEVELOPMENT +-1 DETERMINATION OF NON -SIGNIFICANCE -MITIGATED ADVISORY NOTES APPLICATION NO(S): LUA09-140, ECF, PP APPLICANT: Steve Beck, Amberwood LLC PROJECT NAME: Wilson Park Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of 5 55th Street; a secondary access for emergency vehicles is also proposed. LOCATION OF PROPOSAL: 720 S 55th Street LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning: 1. RMC 4-4-030C2 limits haul hours between 8:30 am and 3:30 pm, Monday through Friday unless otherwise approved by the Community & Economic Development Department. 2. Commercial, multi -family, new single family and other non-residential construction activities shall be restricted to the hours between 7:00 am and 8:0-0 pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 am and 8:00 pm. No work shall be permitted on Sundays. 3. A Renton Schools Impact Fee is required and is payable at the time of building permit issuance. 4. The plat is subject to the Urban Separator Overlay Regulations, RMC 4-3-110. 5. The applicant must obtain easements for any off -site construction activities. ERC Advisory Notes Page 1 of 2 Fire: 1. A fire hydrant with 1,000 gpm fire flow is required within 300 feet of all new single family structures. If building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 gpm and requires two hydrants within 300 feet of the structures. 2. Fire apparatus access roads appear adequate. All required roadways shall be fully paved and shall not exceed 15% grade elevation, turning radius is 25-foot inside and 45-foot outside. Proposed access gate shall meet all requirements for Fire department standards including Click-2-Enter control device. Minimum 20-foot roadway sections shall be signed for "No Parking — Anytime" on each side at maximum 50-foot intervals. Water: 1. Soos Creek Water will serve the site. Extension of a water line will be required for domestic and emergency service. Sanitary Sewer: 1. A minimum 8-inch diameter sanitary sewer is required to be extended to serve the site. 2. The System Development Charge shall be determined by the size of the meter installed per each lot. This fee is payable with the construction permit. Surface Water: 1. The System Development Charge shall beat the current rate of $1,012.00 per single family site. This fee is payable with the construction permit. Transportation: All new access roads shall meet City of Renton standards or as modified. 2. A dedicated connection to the northern property line is required. Plan Review —General: 1. All plans shall conform to the Renton Drafting Standards. 2. A construction permit is required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate, application and appropriate fee shall be submitted to the City Hall sixth floor counter. ERC Advisory Notes Page 2 of 2 DEPARTMENT OF COMMUNITY U Ciryof AND ECONOMIC DEVELOPMENTj4�/ DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA09-140, ECF, PP APPLICANT: Steve Beck, Amberwood LLC PROJECT NAME: Wilson Park Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. LOCATION OF PROPOSAL: 720 S 55th Street LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall place a note on the face of the plat which requires a 15-foot building setback line from the top of slopes which are 40% or greater. 2. The applicant will be required to comply with the recommendations contained in the Geotechnical Engineering Study, prepared by Liu & Associates, Inc. dated February 20, 2009. 3. The applicant shall clearly mark and fence trees outside the construction area and replant exposed ground as soon as possible after construction activities. 4. That the applicant shall provide a Temporary Erosion and Sedimentation Plan designed pursuant to the 2005 Department of Ecology's Erosion and Sediment Control Requirements and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. 5. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the Project Engineer of record to the Public Works inspector. 6. Grading and foundation activities shall be conducted during the dryer months of the year from April 1 through October 31 unless otherwise approved by the Development Services Division. 7. The final drainage report and design shall be subject to the 2009 King County Surface Water Design Manual. ERC Mitigation Measures Page 1 of 2 8. The applicant shall be required to pay a Parks Mitigation Fee based on $530.76 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated to be $5,838.36. 9. The applicant shall be required to pay a Traffic Mitigation Fee based on $75.00 per each new average daily vehicle trip associated with the proposed project prior to recording of the final plat (with credit given for the existing house). The fee is estimated to be $7,895.25. 10. The applicant shall be required to pay a Fire Mitigation Fee based on $488.00 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated at $5,368.00. 11. The applicant shall. submit a sample board indicating the texture and tinting to be used on all visible surfaces of retaining walls for the review and approval of the Planning Division project manager prior to the issuance of construction permits. ERC Mitigation Measures Page 2 of 2 DEPARTMENT OF COMMUNITY City of AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) APPLICATION NO(S): LUA09-140, ECF, PP APPLICANT: Steve Beck, Amberwood LLC PROJECT NAME: Wilson Park Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. LOCATION OF PROPOSAL: 720 S 55th Street LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on March 12, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8- 110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: February 26, 2010 February 22, 2010 Z Z,7, Gregg zi m rma , Administrator Mark eterson I terim Administrator Public or s D artment Date Fire Emer enc S. ices Terry Higashiyama, Administrator Alex Pietsch, Administrator Community Services Department Date Department of Community & Economic Development 2 �.z /0 Date Date DEPARTMENT OF COMMUNITY p o City °r, AND ECONOMIC DEVELOPMENT�� ENVIRONMENTAL REVIEW COMMITTEE MEETING AGENDA TO: Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator Mark Peterson, Interim Fire & Emergency Services Administrator Alex Pietsch, CED Administrator FROM: Jennifer Henning, Current Planning Manager MEETING DATE: Monday, February 22, 2010 TIME: 3:00 p.m. LOCATION: Sixth Floor Conference Room #620 Wilson Park Preliminary Plat tUA09-140, E'CF, PP Location: 720 S 551" Street. Description: The applicant is requesting Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R- 8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director W. Flora, Deputy Chief/Fire Marshal P. Hahn, Transportation Director C. Vincent, CED Planning Director N. Watts, Development Services Director L. Warren, City Attorney 11 F. Kaufman, Hearing Examiner D. Pargas, Assistant Fire Marshal J. Medzegian, Council DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: February 22, 2010 Project Name: Wilson Park Preliminary Plat Owner: Robert Wilson, 21703 601h Street E, Lake Tapps, WA 98391 Applicant: Steve Beck, Amberwood LLC, 4735 NE 41h Street, Renton, WA 98059 Contact: Shupe Holmberg, Baima & Holmberg Inc., 100 Front Street S, Issaquah, WA 98027 File Number: LUA09-140, ECF, PP Project Manager: Gerald C. Wasser, Associate Planner Project Summary: The applicant is requesting Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). A portion of proposed Lot 12 would also contain an open space easement. A proposed stormwater vault would be located under the proposed access road. Proposed lots range in size from 4,500 to 13,006 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. Slopes generally range from 13% to 39% and the southwestern portion of the site contains a small area of protected slopes (over 40%). Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. Grading would involve approximately 17,000 cubic yards of cut with approximately 6,000 cubic yards used as structural fill. Approximately 500 cubic yards of crushed rock fill would be used for road construction. Project Location: 720 S 551h Street Exist. Bldg, Area SF. 3,520 sf (to be Proposed New Bldg. Area (footprint): N/A removed) Proposed New Bldg. Area (gross): N/A Site Area: 108,884 sf (2.5 ac) Total Building Area GSF: N/A STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non -Significance - Mitigated (DNS-M). Revised ERC Report 09-140 City of Renton Department of Commun Economic Development E )nmentol Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 2 of 12 Project Location Map Revised ERC Report 09-I40.doc City of Renton Department of Commun Economic Development mmentol Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, FCF, PP Report of February 22, 2010 Page 3 of 12 PART ONE: PROJECT DESCRIPTION / BACKGROUND The Environmental Review Committee considered the original proposal for this project on November 23, 2009. At that meeting the ERC requested that additional information be submitted prior to rendering a threshold determination. On November 24, 2009, staff placed the project "on hold" and requested the applicant to provide more information regarding: the final preliminary plat layout (including street rights - of -way and improvements); driveway locations and grades; detailed information on grading; and retaining wall location, height and materials. The applicant has submitted additional information and the project was taken "off hold" on February 5, 2010 and rescheduled for review by the Environmental Review Committee. Additionally, an Administrative Policy/Code Interpretation affecting RMC 4-3-110, Urban Separator Overlay Regulations and, specifically the dedication of open space requirements in the Talbot Urban Separator Overlay became effective on January 14, 2010. Urban Separator regulations require dedication of 50% of designated properties gross area as open space. In the May Valley Urban Separator entire properties are designated as Urban Separator so the dedication of 50% of the gross site area is appropriate. In the Talbot Urban Separator only small portions of properties are designated as Urban Separator and, therefore, it is inequitable to require that 50% of the gross area be designated as open space. By requiring 50% of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley Urban Separator areas. This code interpretation accomplishes this uniformity and fairness. The applicant has submitted calculations which indicate that 50% of the proposed Wilson Park Preliminary Plat area designated as Urban Separator would be dedicated as non -revocable open space. The applicant originally proposed a preliminary plat of 13 single family residential lots and 4 tracts for open space and stormwater detention. The applicant is now proposing a preliminary plat of 12 single family lots and 3 tracts for open space. In addition, the applicant is also proposing that 4,884 square feet of proposed Lot 12 (which is in the Talbot Urban Separator) be designated as an open space easement. The stormwater detention vault is now proposed to be located under proposed Road A. The total site area is approximately 2.5 acres. There are 27,156 square feet in the Residential -1 dwelling units per acre, 79,343 square feet in the Residential — 8 dwelling units per acre (R-8) zone and 2,384 square feet in the Residential —14 dwelling units per acre (R-14) zone. The Talbot Urban Separator Overlay corresponds to the R-1 zoning in the western portion of the site. Overall density on the site is 7.99 dwelling units per acre. Primary access to the site would be via a 50-foot wide access easement from S 55th Street. This access easement is approximately 300-feet in length and accesses the westerly portion of the site and is identified as Road A on the revised site plan. A secondary emergency access on the easterly side of the property is also proposed via a 30-foot easement and continues to the northerly property line and is identified as Road B on the revised site plan. The applicant is proposing grading involving 17,000 cubic yards of cut with approximately 6,000 cubic yards of it being used as structural fill material. In addition, approximately 500 cubic yards of crushed rock fill would be imported to the project site for road construction. Revised ERC Report 09-140.doc City of Renton Department of Commun Economic Development E inmental Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 4 of 12 The existing single family residence (3,520 square feet) would be demolished to accommodate the proposed development. Comments from surrounding property owners have been received. The concerns expressed were: slope (and the statement that appropriate engineering should be included so that property below the site is not compromised by landslide or run-off); trees (with a point raised that trees proposed for removal may weaken the hillside); drainage (with a point raised about an increase in impervious surfaces overburdening existing stormwater facilities); roads and access (with points raised about public safety); and stormwater retention. Code requirements and recommended mitigation measures address these concerns. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. B. Mitigation Measures 1. The applicant shall place a note on the face of the plat which requires a 15-foot building setback line from the top of slopes which are 40% or greater. 2. The applicant will be required to comply with the recommendations contained in the Geotechnical Engineering Study, prepared by Liu & Associates, Inc. dated February 20, 2009. 3. The applicant shall clearly mark and fence trees outside the construction area and replant exposed ground as soon as possible after construction activities. 4. That the applicant shall provide a Temporary Erosion and Sedimentation Plan designed pursuant to the 2005 Department of Ecology's Erosion and Sediment Control Requirements and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. 5. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the Project Engineer of record to the Public Works inspector. 6. Grading and foundation activities shall be conducted during the dryer months of the year from April 1 through October 31 unless otherwise approved by the Development Services Division. 7. The final drainage report and design shall be subject to the 2009 King County Surface Water Design Manual. 8. The applicant shall be required to pay a Parks Mitigation Fee based on $530.76 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated to be $5,838.36. Revised ERC Report 09-140.doc City of Renton Department of Commun Economic Development �nmentai Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 5 of 12 9. The applicant shall be required to pay a Traffic Mitigation Fee based on $75.00 per each new average daily vehicle trip associated with the proposed project prior to recording of the final plat (with credit given for the existing house). The fee is estimated to be $7,895.25. 10. The applicant shall be required to pay a Fire Mitigation Fee based on $488.00 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated at $5,368.00. 11. The applicant shall submit a sample board indicating the texture and tinting to be used on all visible surfaces of retaining walls for the review and approval of the Planning Division project manager prior to the issuance of construction permits. C. Exhibits Exhibit 1 Vicinity Map Exhibit 2 Zoning Map Exhibit 3 Preliminary Plat Map Exhibit 4 Topography Map Exhibit 5 Generalized Utilities/Drainage Control/ Conceptual Grading/Landscape Plan Exhibit 6 Road Profile Exhibit 7 Wall Profiles and Cross -Sections Exhibit 8 Tree Inventory/Retention Plan Exhibit 9 Street Modification letter dated November 10, 2009 D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The subject site is located on a broad moderate to steep westerly -sloping hillside. This downward slope is at grades of 13 to 39 percent. The higher gradient portions of the site generally lie within the eastern 100 to 200 feet and the western 150 to 200 feet of the site. The applicant submitted a Geotechnical Engineering Study prepared by Liu & Associates, Inc. dated February 20, 2009. The report identifies the soils on the site as Kame Terrace deposits underlain by Ground Moraine. Kame Terrace deposits consist mostly of silty sand and gravel to cobble. Kame Terrace deposits are of moderately -high to high permeability and can provide good foundation support to structure in their native undisturbed state. The site contains areas of protected slopes (greater than 40%) in the southwestern portion of the property. This area of protected slopes would be contained within Tract B. The report concludes that conventional footing foundations constructed on or into the competent basal soils may be used to support residential buildings and the stormwater detention vault. Geotechnical study Revised ERCReport 09-140.doc City of Renton Department of Communi Economic Development E nmental Review Committee Report WILSON PARK PRELIMINARY PLAT ' LUA09-140, ECF, PP Report of February 22, 2010 Page 6 of 12 recommendations include a 15-foot building setback line from the top or toe of slopes with grades of 40% or more. Staff recommends that as a mitigation measure the applicant be required to place a note on the face of the plat which states that a 15-foot building setback line shall be established from the top of slopes with grades greater of 40% or more. The applicant is creating areas of protected slopes (40% or greater) in the easterly portion of the site on Lots 4, 5, 6, 7, 8 and 9. Pursuant to RMC 4-3-050J.5, these slopes may not be developed. The revised plans submitted by the applicant indicate retaining walls along the westerly side of proposed Lot 12 (and within the R-14 zone) and through proposed Lots 5, 6 and 7. These walls range from 12-feet to 20-feet in height. The retaining wall on the easterly side of the property would be poured concrete or soil/nail composition and the westerly retaining wall would pour concrete or reinforced earth. The geotechnical study states that soils at shallow depth on the project site have good to excellent resistance against slope failures. The study concludes that if recommendations are followed the potential for deep-seated landslides would be minimal. Such recommendations include preserving vegetation outside of construction limits, re -vegetating exposed ground as soon as possible after construction activities and controlling runoff from impervious surfaces such as roofs, paved roadways and driveways. Staff recommends as a mitigation measure that the applicant shall clearly mark and fence trees outside the construction area and that exposed ground be replanted as soon as possible after construction activities. The topsoil and loose to medium -dense weathered soils on -site are of low resistance to erosion. Erosion may occur in the weaker surficial soils over the higher gradient areas if they are devoid of vegetation. Progressive erosion can lead to shallow, skin -type mudflows. The geotechnical report recommends preservation and maintenance of vegetation outside of construction limits to mitigate this potential hazard. The study also recommends that concentrated stormwater should not be discharged uncontrolled onto the ground. Stormwater from impervious surfaces should be captured by underground drain line systems connected to roof downspouts or by catch basins installed in roadways and driveways. Temporary erosion control measures are also recommended and these include: a thin layer of quarry spalls placed over excavated areas to protect the subgrade soils from disturbance by construction traffic; silt fences installed along the downhill sides of construction areas to prevent sediment from being transported onto adjacent properties or streets; and ditches or interceptor trench drains installed on the uphill sides of construction areas to intercept and drain away storm runoff and near -surface groundwater seepage. Staff recommends a mitigation measure which requires compliance with the recommendations contained in the Geotechnical Engineering Study, prepared by Liu & associates, Inc. dated February 20, 2009. Staff also recommends that the applicant provide a Temporary Erosion and Sedimentation Plan designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the 2005 Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This mitigation measure shall be subject to review and approval of the Development Services Division. Staff further recommends that weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the Project Engineer of record to the Public Works inspector. Because of Revised ERC Report 09-140.doc City of Renton Department of Commun' Economic Development L Pnmental Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 7 of 12 moisture -sensitive fine-grained soils mantling the site and the higher gradient areas within the site the geotechnical study recommends that grading and foundation construction be carried out and completed within the dryer period of the year from April 1 through October 31 unless otherwise approved by the Development Services Division. Staff recommends that as a mitigation measure that the applicant adhere to a construction schedule involving grading and foundation work during the dryer period of the year. The geotechnical study discusses excavation and fills slopes. Approximately 17,000 cubic yards of earth material would be cut with approximately 6,000 cubic yards of it used as structural fill. Approximately 500 cubic yards of crushed rock fill would be imported for road construction. Excavation slopes shall not be steeper than the limits specified in local regulations. Permanent fill embankments required to support structural or traffic loads should be constructed with compacted structural fill placed over undisturbed, proof -rolled, firm, native, fresh Kame Terrace and/or lodgement till soils after the unsuitable soils are completely stripped. Mitigation Measures: 1. The applicant shall place a note on the face of the plat which requires a 15-foot building setback line from the top of slopes which are 40% or greater 2. The applicant will be required to comply with the recommendations contained in the Geotechnical Engineering Study, prepared by Liu & Associates, Inc. dated February 20, 2009. 3. The applicant shall clearly mark and fence trees outside the construction area and replant exposed ground as soon as possible after construction activities. 4. That the applicant shall provide a Temporary Erosion and Sedimentation Plan designed pursuant to the 2005 Department of Ecology's Erosion and Sediment Control Requirements and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. 5. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the Project Engineer of record to the Public Works inspector. 6. Grading and foundation activities shall be conducted during the dryer months of the year from April 1 through October 31 unless otherwise approved by the Development Services Division. Nexus: SEPA Environmental Regulations; 2005 Department of Ecology Erosion and Sediment Control Requirements 2, Storm Water Impacts: The applicant submitted a Technical Information Report for Wilson Park, prepared by Baima & Holmberg, Inc. dated May 5, 2009. That report includes an analysis of upstream tributary drainage which states that the parcel to the east drains onto the site. The Level 1 Downstream Drainage Analysis in the report states that runoff from the site flows west into lots in the adjacent Geneva Court development. The majorities of these flows collect in a drain constructed along the back yards of the western -most lots of the Geneva Court development and then flow into the Revised ERC Report 09-140.doc City of Renton Department of Commune Economic (Development E inmental Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 8 of 12 storm system in South 53rd Place. This flow collects in a stormwater pond/bioswale facility located at the intersection of Talbot Road S and South 53'd Place approximately 750-feet downstream from the site. This facility outfalls through an 18-inch pipe to the west side of Talbot Road S into a poorly defined channel flowing into the woods. The flows then pass through a 12-inch culvert under a walking path and continue to flow west to a wooded wetland area more than a quarter mile downstream from the site. Flows into the ditch along S 55th Street continue west in a rock lined channel along the north side of the street to the intersection of Talbot Road S and S 55th Street. The channel is eroded and shows signs of flowing into the street. Flows from the ditch along Talbot Road S collect in the storm system about 850-feet downstream from the site eventually flowing into Springbrook Creek at about 1,800-feet downstream from the site. Springbrook Creek continues flowing west to about one-half mile downstream of the site where it enters a box culvert crossing SR 167. The Technical Information Report indicates that there are no apparent drainage problems. The revised submitted plans indicate that a proposed storm water detention vault would be located in the easterly proposed access road to control downstream stormwater impacts. Staff recommends as a mitigation measure that the final drainage report shall be subject to the 2009 King County Surface Water Design Manual. Mitigation Measures: 1. The final drainage report and design shall be subject to the 2009 King County Surface Water Design Manual. Nexus: SEPA Environmental Regulations; 2009 King County Surface Water Design Manual 3. Vegetation Impacts: The applicant submitted a Tree Inventory and Retention Plan and a Tree Retention Worksheet with the project application. There are 101 total trees on the project site. Twenty- three trees would be required to be retained. The applicant is proposing to retain 21 trees and replacing the 2 additionally required trees with twelve 2-inch caliper trees as required. Lot 12, Tracts C and D, and a portion of Tract B are located in the Talbot Urban Separator Overlay. As stated previously in this report, the purpose of the Urban Separator Overlay includes providing a continuous open space and wildlife corridor. A revised tree retention worksheet and a revised tree replacement plan were submitted by the applicant and indicate that 60 replacement trees would be planted on site. Because the majority of these trees would be planted within the Urban Separator area, the proposed open space area would be provided with vegetation enhancement. Mitigation Measures: No further mitigation is necessary. Nexus: N/A 4. Parks and Recreation Impacts: It is anticipated that the proposed development would generate future residents who would use City park and recreation facilities and programs. Staff recommends that the applicant be required to pay a Parks Mitigation Fee based on $530.76 per each new single family lot to be payable prior to recording the final plat. The fee is estimated at $5,838.36 (12 new lots —1 existing lot x $530.76 = $5,838,36). Revised ERC Report 09-140.doc City of Renton Department of Communi Economic Development E nmental Review Committee Report WILSON PARK PRELIMINARYPLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 9 of 12 Mitigation Measures: 1. The applicant shall be required to pay a Parks Mitigation Fee based on $530.76 per each new single family lot prior to recording the final plat (with credit given for the existing house). The fee is estimated to be $5,838.36. Nexus: SEPA Environmental Regulations; Parks Mitigation Fee Resolution No. 3082, Ordinance No. 4527 5. Transportation Impacts: Access to the site would be from S 55t� Street via a 50-foot access easement (Road A) to the west and a 30-foot emergency access easement to the east (Road B). The applicant has requested a street modification to reduce the internal roadway right-of-way width from 50-feet to 37.5-feet. That request was denied by the Development Services Director on November 10, 2009; therefore, the internal roadway is required to be a minimum of 42-feet of right-of-way. Additional right-of-way is also required at all intersections and turns in the roadway configuration. The pavement can be reduced to 26-feet in width allowing parking on one side of the street. Both sides of the street would be required to be improved with curb and gutter. A sidewalk is not required on the southerly side of the street; however, the curb shall be installed 3-feet from the southerly edge of the right-of-way. A 5-foot sidewalk is required by code and must be provided along the northerly and outside portion of the new internal street with an 8-foot planting strip (which shall include street trees). Additionally, street lighting is also required. The revised proposed internal street design provides a connection to the property to the north. That property is large enough for future platting. This proposed northerly street extension is depicted on the revised site plan as Road B. Proposed Lots 4 through 7 front on this street. The westerly access roadway must be dedicated as public right-of-way. The pavement may be reduced to 26-feet in width, allowing for parking on one side of the street. Curb and gutter must be provided along the westerly edge of the pavement. An 8-foot wide planting strip and a 5-foot sidewalk must be provided along the west side of the street. The easterly access easement from S 55th Street is initially to be used for secondary emergency access through private road easement. The pavement must be a minimum of 20-feet in width. An emergency access gate, approved by the Fire Department can be installed where the roadway enters the new plat. The proposal would result in an increase in traffic trips to the City's street system. Therefore, staff recommends that the applicant pay a Traffic Mitigation Fee based on a rate of $75.00 per additional average daily vehicle trip. Each new residence is expected to generate 9.57 trips; credit is given for the existing residence on the subject property. The Traffic Mitigation Fee is estimated to be $7,895.25 (12 new lots —1 existing lot x 9.57 trips x $75.00 = $7,895.25) and would be payable prior to recording the final plat. Mitigation Measures: 1. The applicant shall be required to pay a Traffic Mitigation fee based on $75.00 per each new average daily vehicle trip associated with the proposed project prior to recording of Revised ERC Report 09-140. doc City of Renton Department of Communi Economic Development E nmental Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 10 of 12 the final plat (with credit given for the existing house). The fee is estimated to be $7,895.25. Nexus: SEPA Environmental Regulations; Transportation Mitigation Fee Resolution No. 3100, Ordinance 4527 6. Fire & Police Impacts: Fire apparatus access roads appear adequate. All required roadways must be fully paved and not exceed 15% grade elevation, turning radius is 25-foot inside and 45-foot outside. Proposed access gates must meet all requirements for Fire Department standards including Click-2-Enter control devices. Minimum 20-foot roadway sections must be signed for "No Parking — Anytime" on each side at maximum 50-foot intervals. Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development subject to the condition that the applicant provides the required improvements and fees. As the proposal could potentially add 13 new residences, staff recommends that the Applicant be required to pay a Fire Mitigation Fee in the amount of $488.00 per each new single family lot with credit given for the existing single family residence. The total fee is estimated to be $5,368.00 (13 new lots —1 existing lot X $488.00 = $5,368.00). Mitigation Measures: 1. The applicant shall be required to pay a Fire Mitigation Fee based on $488.00 per each new single family lot prior to recording the final plat. The fee is estimated at $5,368.00. Nexus: SEPA Environmental Regulations; Fire Mitigation Fee Resolution No. 2913, Ordinance no. 4527 7. Aesthetics Impacts: The applicant is proposing retaining walls on the property along the westerly property line and in the northeastern portion of the subject property and within proposed Lot 7. These proposed retaining walls would range from 12 to 20-feet in height. The applicant has indicated that the proposed retaining wall on the westerly side of the property would be composed of poured concrete or reinforced earth and the proposed retaining wall in the eastern portion of the property would be composed of poured concrete or soil nail. Because the height of these proposed walls may cause visual impacts to adjoining property owners, staff recommends as a mitigation measure that a combination of texturing and tinting shall be used on all visible surfaces of the retaining walls. A sample board indicating the texture and tinting for the retaining walls shall be submitted for the review and approval of the Planning Division project manager prior to issuance of construction permits. Mitigation Measures: 1. The applicant shall submit a sample board indicating the texture and tinting to be used on all visible surfaces of retaining walls for the review and approval of the Planning Division project manager prior to the issuance of construction permits. Nexus: SEPA Environmental Regulations E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." Revised ERC Report 09-140.doc City of Renton Department of Commur Economic Development onmental Review Committee Report WILSON PARK PRELIMINARY PLAT LUAO9-140, ECF, PP Report of February 22, 2010 _ Page 11 of 12 ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM, March 12, 2010. Renton Municipal Code Section 4-8-110.8 governs appeals to the Hearing Examiner. Appeals must be filed in writing at the City Clerk's office along with the required fee. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, 1055 S. Grady Way, Renton WA 98057. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC 4-4-030C2 limits haul hours between 8:30 am and 3:30 pm, Monday through Friday unless otherwise approved by the Community &Economic Development Department. 2. Commercial, multi -family, new single family and other non-residential construction activities shall be restricted to the hours between 7:00 am and 8:0-0 pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 am and 8:00 pm. No work shall be permitted on Sundays. 3. A Renton Schools Impact Fee is required and is payable at the time of building permit issuance. 4. The plat is subject to the Urban Separator Overlay Regulations, RMC 4-3-110. 5. The applicant must obtain easements for any off -site construction activities. Fire: 1. A fire hydrant with 1,000 gpm fire flow is required within 300 feet of all new single family structures. If building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 gpm and requires two hydrants within 300 feet of the structures. 2. Fire apparatus access roads appear adequate. All required roadways shall be fully paved and shall not exceed 15%grade elevation, turning radius is 25-foot inside and 45-foot outside. Proposed access gate shall meet all requirements for Fire department standards including Click-2-Enter control device. Minimum 20-foot roadway sections shall be signed for "No Parking —Anytime" on each side at maximum 50-foot intervals. Water: Soos Creek Water will serve the site. Extension of a water line will be required for domestic and emergency service. Sanitary Sewer: A minimum 8-inch diameter sanitary sewer is required to be extended to serve the site. 2. The System Development Charge shall be determined by the size of the meter installed per each lot. This fee is payable with the construction permit. Revised ERC Report 09-140.doc City of Renton Department of Commun) Economic Development E nmentat Review Committee Report WILSON PARK PRELIMINARY PLAT LUA09-140, ECF, PP Report of February 22, 2010 Page 12 of 12 Surface Water: 1. The System Development Charge shall be at the current rate of $1,012.00 per single family site. This fee is payable with the construction permit. Transportation: 1. All new access roads shall meet City of Renton standards or as modified. 2. A dedicated connection to the northern property line is required. Plan Review —General: 1. All plans shall conform to the Renton Drafting Standards. 2. A construction permit is required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate, application and appropriate fee shall be submitted to the City Hall sixth floor counter. 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The proposed residential subdivision is for 13 single family building lots and four additional tracts. The subdivision will be served by two access roadways south of the site to South 551h Street, connecting to a new street through the proposed project. You have requested modification for the internal roadway, including eliminating the required sidewalk from one side of the street, reducing the right-of-way width, and eliminating the requirement for a cul- de-sac. Clarification of the street improvement requirements for the two off -site access roadways is also requested. The proposal continues to be based on a waiver of the required connection to the north property line. The request to reduce the internal street right-of-way width to 37.5 feet is denied. However, the request to delete the sidewalk from one side of the internal street is approved, subject to providing an eight -foot (8') planting strip between the street and remaining sidewalk. The requirement for a cul-de- sac is modified to allow for a hammerhead turnaround and gated emergency access for secondary access. The proposal to waive the requirement to extend the public street to the north property line is also denied. City Code 4-6-060 (Street Standards) requires full street improvements for all adjacent rights -of -way for, within, and dedicated by a plat. The City can modify street improvements for new plats if there are practical difficulties in carrying out the provisions of the Street Improvement Ordinance. The Modification Procedures, as defined in Section 4-9-250D, clearly states the criteria for approval by the Department Administrator. In order for a modification to be approved, the Department Administrator must find that a special individual reason makes the strict letter of this Ordinance impractical, that the modification is in conformity with the intent and purpose of this Ordinance, and that such modification: (a) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by this Ordinance, based upon sound engineering judgment; and (b) Will not be injurious to other property(s) in the vicinity; and Renton City Hall • 1055 South Grady Way 9 Renton, Washington 98057 • rentonwa.gov Mr. Tom Redding Wilson Park Preliminary Plat Page 2 of 3 (c) Conform to the intent and purpose of the Code; and (d) Can be shown to be justified and required for the use and situation intended; and (e) Will not create adverse impacts to other properties in the vicinity. The request to reduce the right-of-way width to 37.5 feet cannot be approved. The code allows for consideration of reduction to 42 feet in width in cases where the additional area provides for a more reasonable lot configuration. The reduction to 42 feet in width is approved, but we fail to find justification to reduce the public right-of-way in this new residential neighborhood to a lesser standard. The request to eliminate the sidewalk along the southerly side of the new internal roadway can be supported in this situation, provided there are equivalent value amenities provided in exchange for these improvements. This request is granted, subject to the provision of an eight- foot (8') wide planting Strip, including landscaping and street trees, on the northerly side of the street with the new sidewalk. The project site will be accessed by a single public street, which requires a cul-de-sac. The proposed secondary access will mitigate the dead-end roadway configuration for emergency vehicles, but will not be available for regular vehicles and delivery trucks. The requirement for a cul-de-sac is hereby waived, .subject to providing a full hammerhead turnaround in public right-of-way and emergency secondary access through an approved gated system. The function of a hammerhead turnaround will be provided with the extension of the street to the north property line, as addressed below. The proposed street design for the plat fails to meet the requirement to extend the public street system through the plat to the northerly property line. The property north of the site is large enough for future platting, and will be connected to the public street system approved for this plat. The requirement for extension of the public street system through the proposed plat to the north property line remains. This extension is to be provided where Lot 8 is proposed, as an extension of the easterly north -south access roadway. The street improvements required for this preliminary plat, as modified in this decision, are as follows: Westerly off -site access roadway between S. 55th St and the development site: This street section shall be in dedicated public right-of-way. The pavement width can be reduced to 26 feet (26') in width, allowing for parking on one side of the street. Curb and gutter shall be provided along the westerly edge of the pavement. An eight -foot (8') wide planting strip shall be provided along the west side of the street, with a five-foot (5') wide sidewalk. New internal street system: This street section shall be in a minimum 42-foot width right-of-way. Additional right-of-way is also required at all the intersections and turns in the roadway configuration. These radius dedications shall be for a 15-foot radius. The pavement width can be reduced to 26 feet in width, allowing for parking on one side of the street. Both sides of the street shall be improved with curb and gutter. A sidewalk is not required on the southerly side of the new street. The face of the curb shall be installed three feet (3') from the southerly edge of the right-of-way. A five-foot (5') wide sidewalk shall be provided along the northerly and "outside" portion of the new internal street, with an Mr. Tom Redding Wilson Park Preliminary Plat Page 2 of 3 (c) Conform to the intent and purpose of the Code; and (d) Can be shown to be justified and required for the use and situation intended; and (e) Will not create adverse impacts to other properties in the vicinity. The request to reduce the right-of-way width to 37.5 feet cannot be approved. The code allows for consideration of reduction to 42 feet in width in cases where the additional area provides for a more reasonable lot configuration. The reduction to 42 feet in width is approved, but we fail to find justification to reduce the public right-of-way in this new residential neighborhood to a lesser standard. The request to eliminate the sidewalk along the southerly side of the new internal roadway can be supported in this situation, provided there are equivalent value amenities provided in exchange for these improvements. This request is granted, subject to the provision of an eight- foot (8') wide planting strip, including landscaping and street trees, on the northerly side of the street with the new sidewalk. The project site will be accessed by a single public street, which requires a cul-de-sac. The proposed secondary access will mitigate the dead-end roadway configuration for emergency vehicles, but will not be available for regularvehicles and delivery trucks. The requirement for a cul-de-sac is hereby waived, .subject to providing a full hammerhead turnaround in public right-of-way and emergency secondary access through an approved gated system. The function of a hammerhead turnaround will be provided with the extension of the street to the north property line, as addressed below. The proposed street design for the plat fails to meet the requirement to extend the public street system through the plat to the northerly property line. The property north of the site is large enough for future platting, and will be connected to the public street system approved for this plat. The requirement for extension of the public street system through the proposed plat to the north property line remains. This extension is to be provided where Lot 8 is proposed, as an extension of the easterly north -south access roadway. The street improvements required for this preliminary plat, as modified in this decision, are as follows: _Westerly off -site access roadway between 5.55`" St and the development site: This street section shall be in dedicated public right-of-way. The pavement width can be reduced to 26 feet (26') in width, allowing for parking on one side of the street. Curb and gutter shall be provided along the westerly edge Rf the pavement. An eight -foot (8') wide planting strip shall be provided along the west side of the street, with a five-foot (5') wide sidewalk. New internal streets stem. This street section shall be in a minimum 42-foot width right-of-way. Additional right-of-way is also required at all the intersections and turns in the roadway configuration. These radius dedications shall be for a 15-foot radius. The pavement width can be reduced to 26 feet in width, allowing for parking on one side of the street. Both sides of the street shall be improved with curb and gutter. A sidewalk is not required on the southerly side of the new street. The.face of the curb shall be installed three feet (T) from the southerly edge of the right-of-way. A five-foot (5') wide sidewalk shall be provided along the northerly and "outside" portion of the new internal street, with an Mr. Tom Redding Wilson Park Preliminary Plat Page 3 of 3 eight -foot (8') planting strip. The planting strip is to be landscaped, including street trees. Street lighting meeting code with required lighting levels shall be provided on the new internal street system. Street extension to north property line: A public street is required in the approximate location of proposed Lot 8. This street shall include a minimum of 42 feet in right-of-way. The street improvements for this extension shall include 26 feet of pavement, and curb and gutter along both sides of the street. Sidewalks are required along both sides of this street section, both five feet (5') in width. The sidewalk on the east side of the street can be constructed adjacent to the new curb. The west side of the street shall include a five-foot (5') planting strip landscaped with street trees. Easterly off -site access roadway between S. 55th St and the development site: This street section is initially to be used for secondary emergency access through a private roadway easement_ The pavement shall be a minimum of 20 feet in width through this roadway section. An emergency access gate, approved by the Renton fire Department, can be installed where this roadway enters the new plat. If this private easement is replaced in the future with dedicated public right-of-way, the emergency access gate shall be removed. A note to this effect is to be included on the final plat. You have 14 days from the date of this letter to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing, with the City Clerk, and require a filing fee in the amount of $250.00. Appeals must be filed with the City Clerk before Tuesday, !'November 24, 2009, at 5:00 p-m. You may contact Kayren Kittrick at (425) 430-7299 if you have any questions or need additional information. Sincerely, Neil Watts, Director Development Services Division cc: Alex Pietsch, Community & Economic Development Administrator Chip Vincent, Planning Director Kayren Kittrick, Development Engineering Supervisor Jerry Wasser, Associate Planner Denis Law Mayor City O AL + I+ Department of Community and Economic Development Alex Pietsch, Administrator February 25, 2010 Shupe Holmberg Baima & Holmberg, Inc. 100 Front Street 5 Issaquah, WA 98027 SUBJECT: Wilson Park Preliminary Plat LUA09-140, ECF, PP Dear Mr. Holmberg: Please find enclosed, comments from the City's Property Services. These comments will guide you in the preparation of the final plat for recording. If you have any questions feel free to contact me at (425) 430-7382. Sincerer Y Gerald C. Wasser Associate Planner Enclosure cc: Robert Wilson / owner. Steve Beck / Applicant Renton CityHall * 1055 South Grady Way * Renton, Washington 98057 * rentonwa,gov Gerald Wasser From: Sent: To: Subject: Hello Mr. Link: Gerald Wasser Friday, February 12, 2010 8:18 AM 'Willa Link' RE: LUA09-140 "Off Hold" Notice Thank you for your email. I am the Planning Division project manager for this proposal. Your original memo was placed in the file for this project as will your most recent email. Your concerns will be addressed in the staff report to the Hearing Examiner. The City of Renton Hearing Examiner will consider the file, staff report and any testimony given at the public hearing on March 16, 2010 in his determination of a decision on the proposal. If you would like to attend and testify, you are most welcome to do so. The Hearing Examiner Hearings begin promptly.at 9:00 a.m. on their scheduled day in the City Council Chambers on the 7th Floor of City Hall. There are two projects, including the Wilson Park Preliminary Plat, scheduled for hearing on March 16, 2010. At this point I don't know which will be considered first. As a party of record you will receive notice of the public hearing. Please contact me if you have additional questions regarding this matter. Jerry Gerald C. Wasser, Associate Planner Department of Community & Economic Development City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430-7382 FAX (425) 430-7300 gwasser@rentonwa.gov -----original Message ----- From: Willa Link [mailto:linkmw@yahoo.com] Sent: Thursday, February 11, 2010 2:05 PM To: Gerald Wasser Subject: LUA09-140 "Off Hold" Notice Mr. Wasser, Thank you for mailing me a copy of the ""Off Hold" Notice regarding the Wilson Park Preliminary Plat / LUA09-140, as a Party of Record. I previously emailed you a memo (attached) dated 11/30/09, regarding road -safety concerns of the Springbrook Terrace Homeowners Association (STHA), relating to the proposed LUA09-140 development. Since our memo of concern was submitted after the comment period for this project was previously closed, you did not indicate if the information in our memo had been considered. f At my request, you sent me t tiap of the proposed development -ced 10/16/09, by City of Renton. After studying that map, I notice a comment under Tract Definitions; Tract W , indicating the fifty(50) foot road easement may be used for possible future access for property to the North. That property would be Parcel Number 3123059075, which runs from Talbot Road to the East end of the proposed LUA09-140 development. If a roadway from the 3123059075 parcel links to the Wilson Park Plat, it could potentially yield much more traffic entering/exiting the already congested S 55Th St, in the middle of a sharp curve with limited sight distance. I request the City of Renton consider this additional information and the original memo of 11/30/09, in deliberations on this proposed land development. If you are not the correct individual to contact, please refer me to someone else. Also, should I attend the public hearing on 3/16/2010 and be prepared to speak. If so, what process should I follow to get on the agenda? Thank you for your assistance in this matter, Michael S. Link 2010 President, Springbrook Terrace Homeowners Association Phone 253 854-5083 19249 98TH PL 5 Renton, WA. 98055-6348 Z f"y Q FIRE & EMERGENCY SERVICES * DEPARTMENT M E M O R A N D U M DATE: February 10, 2010 TO: Gerald Wasser, Associate Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Wilson Park Preliminary Plat, LUA09-140, ECF, PP A review of the latest plan of the above -captioned project as resulted in no changes to our previous comments dated November 12, 2009. Thank you for the opportunity to review this latest revision. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 8, 2010 TO: Corey Thomas and Kayren Kittrick FROM: Jerry Wasset� `v SUBJECT: Wilson Park Preliminary Plat, LUA09-140, ECF, PP Thank you for your previous review of the above -captioned project. The applicant has submitted revisions (see attachments) to the original materials. Please review these and provide any comments you may have by Tuesday, February 16, 2010. Thank you. h:leedlplanninglcurrent planminglprojects109-140 jerrylmemo to green folder reviewers re revisions.doc CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT- PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 9th day of February, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Notice of Public Hearing documents. This information was sent to: Name Representing Shupe Holmberg Contact Steve Beck Applicant Robert Wilson Owner Paul Witt POR Ravinder & lasbir Aluwalia POR Mlchael Link POR Robert Thomas POR Quang Dang & Kim Duong POR Khanh Nguyen POR Steve McNamee POR 300' Surrounding Property Owners See attached (Signature of Sender): �IWNNQNISN Dated: Notary Publie in and for the State of Washington Notary (Print): A. My appointment expires: Wilson Park Preliminary Plat LUA09-140, ECF, PP 338832004901 312305902404 272850014007 ADDINGTON CLYDE AHLUWALIA RAVINDER SINGH+JA DANG QUANG+DUONG KIM C/O JAMES PETERSON 730 E 55TH ST 623 S 53RD PL 10034 SE 190TH RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 312305911900 312305907502 338832007003 DORMAIER ERIK GURUDWARA SINGH SABHA HUNTER ALAN+CHERYL 2822 12TH AVE W 5304 TALBOT RD S 10033 SE 190TH ST SEATTLE WA 98119 RENTON WA 98055 RENTON WA 98055 272850011003 338832006005 272850015004 KIEV MINH HANG LE MEDLOCK CLYDE+PURCELL NANCY MENDONCA EDUARDO & ANA 605 S 53RD PL PO BOX 58489 622 S 53RD PL RENTON WA 98055 RENTON WA 98058 RENTON WA 98055 312305910704 272850016002 338832022002 MCNAMEE STEPHEN M + HEIDI M NGUYEN KHANH C+DUCQUY DANG NGUYEN MINH SON 701 S 52ND ST 616 S 53RD PL PO BOX 5744 RENTON WA 98055 RENTON WA 98055 BELLEVUE WA 98006 312305908005 338832005007 272850010005 PENORA JOSEFINA RUDISILL ROBYN R+HEATHER M SINGH JASWANT 520 S 55TH ST 10028 SE 190TH ST 531 S 53RD PL RENTON WA 98055 RENTON WA 98056 RENTON WA 98055 312305915604 338832023000 272850017000 SNYDER GORDON SQUARE WILBERT E SR+CELIA TAM KAWAMA & SAUYI 750 S 55TH ST 10015 SE 192ND ST 604 S 53RD PL RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 322305930701 THOMAS ROBERT M & MARY ANN 18833 102ND AVE SE RENTON WA 98055 272850012001 VAN ALAN B+LY LIN 611 S 53RD PL RENTON WA 98005 312305912502 272850013009 WILSON ROBERT D WITT PAUL+FREIDA 720 S 55TH ST 617 S 53RD PL RENTON WA 98055 RENTON WA 98055 338832019008 WHITE SHERYL L 10020 SE 192ND ST RENTON WA 98055 PUBLIC HEARING CITY OF RENTON HEARING EXAMINER A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way, Renton, Washington, on March 16, 2010 at 9:00 a.m. to consider the following petitions: Wilson Park Preliminary Plat FILE NO. LUA9-140, ECF, PP Location: 720 S 55th Street Description: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. FOR FURTHER INFORMATION, PLEASE CONTACT THE RENTON HEARING EXAMINER'S OFFICE AT 425-430-6515 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. Denis Law Mayor 'City Qf, ., f Y Department of Community and Economic Development Alex Pietsch, Administrator February 5, 2010 Steve Beck Amberwood LLC 4735 NE 4th Street Renton, WA 98059 SUBJECT: "Off Hold" Notice Wilson Park Preliminary Plat / LUA09-140, ECF, PP Dear Mr. Beck: Thank you for submitting the additional materials requested in the November 24, 2009 letter from the City. Your project has been taken off hold and the City will continue review of the Wilson Park Preliminary Plat project. The preliminary plat has been rescheduled for ERC on February 15, 2010 and is tentatively scheduled to go before the Hearing Examiner on March 16, 201b at 9:00 a.m. If you have any questions, please contact me at (425) 430-7382. Sincere ; -Gerald C. asser Associate Planner cc: Robert Wilson / Owner Shupe Holmberg / Contact Paul Witt, Ravinder & Jasbir Aluwalla, Robert Thomas, Michael Link, Steve McNamee, Quang bang & Kim Duong, Khanh Nguyen/ Parties of Record Renton City Hall a 1055 South Grady Way + Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMMUNITYLt' Of ® AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 8, 2010 TO: Corey Thomas and Kayren Kittrick FROM: Jerry Wasse64 g SUBJECT: Wilson Park Preliminary Plat, LUA09-140, ECF, PP Thank you for your previous review of the above -captioned project. The applicant has submitted revisions (see attachments) to the original materials. Please review these and provide any comments you may have by Tuesday, February 16, 2010. Thank you. b:lcedlplanninglcurrent planninglprojects109-140 jerrylmemo to green folder reviewers re revisions.doc of 1 Gerald Wasser From: Willa Link [linkmw@yahoo.com] Sent: Monday, November 30, 2009 3:29 PM To: Gerald Wasser Subject: Fw: Wilson Park Preliminary Plat/LUA09140, ECF, PP Attachments: Scanned document from Gerald Wasser; wilson park.pdf; Proposed Development Memo To Renton.doc Mr. Wasser, I received the "On Hold" Notice you mailed me. Thank you for including me as an interested party. I have attached a memo, addressed to yourself, in which I have stated some concerns regarding this development. I may be too late to submit comments, but perhaps not, since the project is on a temporary "Hold". Either way, the City of Renton may want to consider the points in the memo. Thank you, Michael Link ----- Forwarded Message ---- From: Gerald Wasser <GWasser@Rentonwa.gov> To: Willa Link <linkmw@yahoo.com> Sent: Thu, November 12, 2009 2:39:40 PM Subject: RE: Wilson Park Preliminary Plat/LUA09140, ECF, PP Note: Forwarded message is attached. Mr. Link: I have attached a copy of the Preliminary Plat Map for the proposed Wilson Park Preliminary Plat, LUA09-140. The map indicates the access from South 55th Street. Please contact me if you have additional questions. I will be adding you to our list of Parties of Record for this project so that you will receive notices of land use actions. Gerald C. Wasser, Associate Planner Department of Community & Economic Development City of Renton 1055 South Grady Way Benton, WA 98057 (425) 430-7382 FAX (425) 430-7300 Rwasser(arentonwa.Rov -----Original Message ----- From: Willa Link [mailto:linkmw@yahoo.com] Sent: Tuesday, November 10, 2009 1:32 PM To: Gerald Wasser Subject: Wilson Park Preliminary Plat/LUA09140, ECF, PP Mr. Wasser, 1 do My name is Michael S. Link i I live at 19249 98TH PI S, Rent WA. 98055-6348. I am the President of the Springbrook Terrace Home Owners Association, which is located across the street (S 55TH Street), from the notification sign for this project. We already have concerns about the heavey volume of traffic on 5 55TH and the extreme curves in this area. We have had many cars leave the road and end up in our common property. The location of these accidents, is very near to where the notification sign for this project, is currently situated. Our concern is that adding more turning traffic in these tight corners, without modifying the roadway, would increase traffic problems in this area. Please email or paper mail information to me, regarding where the two proposed access roads for this project, would intersect S 55TH. The Home Owners Association may want to submit written comments and attend the public hearing. Thank you, Michael S. Link 2 November 12, 2009 R E C01; FIENTON D Mr. Gerald C. Wasser, Associate Planner NO V 2�� CED — Planning Division, City of Renton 1055 South Grady Way BUILDING DIVISION Renton, WA 98057 RE: LUA09-140, ECF, PP (Wilson Park Preliminary Plat) Mr. Wasser: Thank you for the opportunity to provide written comments on the above application. As owners of property adjacent to the subject site (located directly below/west of the site), we have an interest in insuring negative impacts are avoided and appropriate measures are taken in the possible development of this site. Comments/Concerns: 1. SLOPE This site sits on a fairly significant slope. While site development documents may address the actual slopes on the listed property, we are concerned that development plans include addressing impacts to txftfiag 219pes below (west) of the proposed site. As can be seen in the attached photos (Photos # 1 & #2), the western property line of the proposed development abuts already developed property (4 homes). The slope below the shared property line is significant, with an almost a thirty foot (30) drop in slope over the first one hundred feet (1W) to the west of that line. Development approval should address appropriate engineering to not compromise property below the site from landslide or run-off threats. 2. TREES Understanding that the City does have established tree retention/replacement ordinances, we feel that it is appropriate to comment on the importance of balance in the planning. As can be seen in attached Photos # 1 & # 2, there are numerous large tress located on the western and northwestern portion of the proposed site (the large trees seen in the photos behind the existing homes are on the application site). Elimination of these long established trees and their associated root systems may weaken the hillside if totally cleared and replaced with a comparable number of smaller, less mature trees. Conversely, retention of only a few of the very large mature pines, currently in excess of over one hundred feet (1w) tall, may make them susceptible to falling in high winds. With their location on the site, these would most likely fall downhill and threaten the existing homes below. Appropriate plans on tree retention/replacement, with the possible impacts to adjacent property, should be addressed in plan approval. 3. DRAINAGE Development of the site will certainly change the drainage, due to increased impervious surfaces. We are concerned that every effort be made to insure that the changes in site drainage not impact property located directly below the proposed development. Additionally, while the City of Renton recently (summer of 2009) preformed work on the open storm water ditches along S. 55th Street, including the addition of lining the ditches with rock (Photo # 3), recent storms have shown that these ditches already run close to full capacity. If additional storm water runoff from new development is added to the existing open trenches along S. 551h Street, measures should be addressed to insure that any added runoff from new development not allow overflow to the existing open storm drainage trenches. 4. ROADS With the understanding that site development would include installation of a new road that would eventually be dedicated to the City, there are a number of concerns about impacts to existing development. Appropriate setbacks from existing property lines and fences (including easements) should be the responsibility of the developer. Measures should be taken to insure public safety of any road running down slope, both for the new development and property adjacent. Over the past five (5) years, roads built along the hillside between S. 55ta Street and Carr Road have all experienced sever weather impacts and have become slippery and impassable due to ice and snow. Even on streets constructed to existing road slope standards, vehicles are unable to maintain control on the slopes, causing the vehicles to either slide uncontrollably or making the road impassable. Concerns exist that vehicles sliding downhill from the proposed development site road could leave the roadway and crash through existing wood fencing along the shared property line. The installation of a concrete barrier wall along the west property line should be considered for public safety. S. ACCESS (S. SSM' Street) It is understood that access to the development would be via a new road to be dedicated to the City coming off S. 55th Street. As a fairly significant arterial, S. 55'h Street is currently substandard at best. Due to the numerous curves as the road "snakes up the hill', sever steepness, limited width, lack of side walks, extreme limitations on line of sight, and with current heavy use, the road is already an area of concern (Photos # 4 & #5). Impacts of an additional side street to access this new development should be taken into consideration for both the appropriate safety of those using the new site as well as the thousands of vehicles using S. 551h on a daily basis. An appropriate turning lane at the development entrance should be mandated (as in other developments in the City) to insure proper public safety on the already hazardous S. SSth Street. 6. STORM WATER RETENTION (PONDIVAULT) Property owners located below the proposed development site are concerned about having a retention pond and/or vault located above and extremely close to their property. Existing slopes and the proposed site development (plus lose of any large trees for slope stability) raise questions of both short and long term impacts. What is the liability for the proposed development land owner/construction company for any damage done to our properties by slope failure associated by water retention? If slope damage occurs after construction (when the development company is gone) what liability does the new neighborhood (home owners) or the City have to our existing neighborhood if such damage occurs? Again, we appreciate the opportunity to submit comments and request that we remain a party of record on this application. Respectfully submitted, Paul & Frieda Witt 617 S. 53`d Place Renton, WA 98055 (425)227-5462 1 Quang Dang & Kim Duong 623 S. 101111111111111M S31W �r Renton, WA 98055 (425) 917-9733) Khanh Nguyen (per attached email as he is currently "out of country") 616 S. SIWXM rYRQ P4#-eE Renton, WA 98055 (425) 271-3691) PHOTO # 1 NOTE: You are looking at existing homes located directly below/west of the proposed development. Large trees behind existing houses are located on proposed site; fences behind existing homes are located on property line shared with subject site and gives indication of scale of slope. PHOTO # 2 NOTE: Note number and size of trees behind existing properties are located on proposed site; fences are located on property line shared with subject site and gives indication of scale of slope. au@1 131 NOTE: S. 55th Street (facing east), open storm ditches located on both sides of roadway, site development sign in center of photo (large white sign on left side of road). 4 cV-11 L;. c i OP LIA +4 9 3 .. SmartZone Communications Center: Re: comments needed in writing to the City by Nov... Page i of 1 SmartZone Communications Center hafwitt@caroeast.net Re: comments needed in writing to the City by Nov 16th From : khanhcn@juno.com Wed, Nov 11, 2009 02:23 AM Subject: Re: comments needed in writing to the City by Nov 16th To : hafwitt@comcast.net Dear Frieda, We have chance to check your e-mail and read your draft to the city about housing development behind our house. We totally support your letter. Please add our name on the letter with all of you. Thank you to raise our neighborhood concern. Khanh & Duc-Quy Nguyen COPY Ci4t (II1 miiU`rl UIt,t, HILL tus IL'__ incw»c. T r , ►� /rt_ r--) 0 r-I -- �� s, L r r' http:/lszO163.ev.mail.comeast.net/zimbra/h/message?si=10&so =a&sc=25575&sfi=2&st=... 11/11/2009 Denis Law City .. } .- of w000w i Department of Community and Economic Development November 10, 2009 Alex Pietsch, Administrator Tom Redding Baima & Holmberg, Inc. 100 Front Street South Issaquah, WA 98027-3817 Subject: Wilson Park Preliminary Plat — LUA09-140 720 South 551h Street Street Modification requests Dear Mr. Redding: We have completed our review of your request for modifications to the street standards for the proposed Wilson Park Preliminary Plat located at 720 South 551h Street. The proposed residential subdivision is for 13 single family building lots and four additional tracts. The subdivision will be served by two access roadways south of the site to South 551h Street, connecting to a new street through the proposed project, You have requested modification for the internal roadway, including eliminating the required sidewalk from one side of the street, reducing the right-of-way width, and eliminating the requirement for a cul- de-sac. Clarification of the street improvement requirements for the two off -site access roadways is also requested. The proposal continues to be based on a waiver of the required connection to the north property line. The request to reduce the internal street right-of-way width to 37.5 feet is denied. However, the request to delete the sidewalk from one side of the internal street is approved, subject to providing an eight -foot (8') planting strip between the street and remaining sidewalk. The requirement for a cul-de- sac is modified to allow for a hammerhead turnaround and gated emergency access for secondary access. The proposal to waive the requirement to extend the public street to the north property line is also denied. City Code 4-6-060 (Street Standards) requires full street improvements for all adjacent rights -of -way for, within, and dedicated by a plat. The City can modify street improvements for new plats if there are practical difficulties in carrying out the provisions of the Street Improvement Ordinance. The Modification Procedures, as defined in Section 4-9-250D, clearly states the criteria for approval by the Department Administrator. In order for a modification to be approved, the Department Administrator must find that a special individual reason makes the strict letter of this Ordinance impractical, that the modification is in conformity with the intent and purpose of this Ordinance, and that such modification: (a) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by this Ordinance, based upon sound engineering judgment; and (b) Will not be injurious to other property(s) in the vicinity; and Renton City Hall + 1055 South Grady Way 0 Renton, Washington 98057 0 rentonwa.gov Mr. Tom Redding Wilson Park Preliminary Plat Page 2 of 3 (c) Conform to the intent and purpose of the Code; and (d) Can be shown to be justified and required for the use and situation intended; and (e) Will not create adverse impacts to other properties in the vicinity. The request to reduce the right-of-way width to 37.5 feet cannot be approved. The code allows for consideration of reduction to 42 feet in width in cases where the additional area provides for a more reasonable lot configuration. The reduction to 42 feet in width is approved, but we fail to find justification to reduce the public right-of-way in this new residential neighborhood to a lesser standard. The request to eliminate the sidewalk along the southerly side of the new internal roadway can be supported in this situation, provided there are equivalent value amenities provided in exchange for these improvements. This request is granted, subject to the provision of an eight- foot (8') wide planting strip, including landscaping and street trees, on the northerly side of the street with the new sidewalk. The project site will be accessed by a single public street, which requires a cul-de-sac. The proposed secondary access will mitigate the dead-end roadway configuration for emergency vehicles, but will not be available for regular vehicles and delivery trucks. The requirement for a cul-de-sac is hereby waived, subject to providing a full hammerhead turnaround in public right-of-way and emergency secondary access through an approved gated system. The function of a hammerhead turnaround will be provided with the extension of the street to the north property line, as addressed below. The proposed street design for the plat fails to meet the requirement to extend the public street system through the plat to the northerly property line. The property north of the site is large enough for future platting, and will be connected to the public street system approved for this plat. The requirement for extension of the public street system through Lhe proposed plat to the north property line remains. This extension is to be provided where Lot 8 is proposed, as an extension of the easterly north -south access roadway. The street improvements required for this preliminary plat, as modified in this decision, are as follows: _Westerly off -site access roadway between S. 55rh St and the development site: This street section shall be in dedicated public right-of-way. The pavement width can be reduced to 26 feet (26') in width, allowing for parking on one side of the street. Curb and gutter shall be provided along the westerly edge of the pavement. An eight -foot (8') wide planting strip shall be provided along the west side of the ,treet, with a five-foot (5') wide sidewalk. New internal street system: This street section shall be in a minimum 42-foot width right-of-way. Additional right-of-way is also required at all the intersections and turns in the roadway configuration. These radius dedications shall be for a 15-foot radius. The pavement width can be reduced to 26 feet in width, allowing for parking on one side of the street. Both sides of the street shall be improved with curb and gutter. A sidewalk is not required on the southerly side of the new street. The face of the curb shall be installed three feet (3') from the southerly edge of the right-of-way. A five-foot (5') wide sidewalk shall be provided along the northerly and "outside" portion of the new internal street, with an Mr. Turn Redding Wilson Park Preliminary Plat Page 3 of 3 eight -foot (S') planting strip. The planting strip is to be landscaped, including street trees. Street lighting meeting code with required lighting levels shall be provided on the new internal street system. Street extension to north property line: A public street is required in the approximate location of proposed Lot S. This street shall include a minimum of 42 feet in right-of-way. The street improvements for this extension shall include 26 feet of pavement, and curb and gutter along both sides of the street. Sidewalks are required along both sides of this street section, both five feet (5') in width. The sidewalk on the east side of the street can be constructed adjacent to the new curb. The west side of the street shall include a five-foot (5') planting strip landscaped with street trees. Easterly off -site access roadway between S. 55"' St and the development site: This street section is initially to be used for secondary emergency access through a private roadway easement. The pavement shall be a minimum of 20 feet in width through this roadway section. An emergency access gate, approved by the Renton Fire Department, can be installed where this roadway enters the new plat. if this private easement is replaced in the future with dedicated public right-of-way, the emergency access gate shall be removed. A note to this effect is to be included on the final plat. You have 14 days from the date of this letter to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing, with the City Clerk, and require a filing fee in the amount of $250.00. Appeals must be filed with the City Clerk before Tuesday, November 24, 2009, at 5:00 P.M. You may contact Kayren Kittrick at (425) 430-7299 if you have any questions or need additional information. Sincerely, Neil Watts, Director ! Development Services Division cc: Alex Pietsch, Community & Economic Development Administrator Chip Vincent, Planning Director Kayren Kittrick, Development Engineering Supervisor Jerry wasser, Associate Planner City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,520 square feet LOCATION: 720 S 551h Street PROPOSED BLDG AREA (gross) N/A WORK ORDER NO: 78147 SUMMARY OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed_ A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More information Necessary Earth Air Water Plan is Land/Shoreline Use Animofs Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where odditionol information is needed to properly assess this proposal. l A c-LD i Signatur f Dir ctor or Authorized Representative Date CITY OF RENTON FIRE PREVENTION BUREAU DATE: November 12, 2009 TO: Jerry Wasser, Associate Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Wilson Park Preliminary Plat ENVIRONMENTAL IMPACT COMMENTS: 1. A fire mitigation fee of $488.00 is required for all new single-family structures. Credit will be granted for the one single family home to be removed. CODE -RELATED COMMENTS: 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structures. 2. Fire apparatus access roadways appear adequate. All required roadways shall be fully paved and shall not exceed 15% grade elevation, turning radius is 25-foot inside and 45-foot outside. Proposed access gate shall meet all requirements for fire department standards including Click-2-Enter control device. Minimum 20-foot roadway sections shall be signed for "No Parking - Anytime" on each side at maximum 50-foot intervals. City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ; ') iZC_- COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER; Kayren Kittrick SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,520 square feet LOCATION; 720 S 55" Street PROPOSED BLDG AREA (gross) N/A JWORK ORDER NO: 78147 SUMMARY OF PROPOSAL; The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Earth Air WOW Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources J -e— 8. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li ht/Glore Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet A161, Al/ f?-- r We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needyd to properly os,ess this proposal. Signature of Director or Authorized Representative Date r4" DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 12, 2009 TO: Jerry Wasser, Planning CC: Neil Watts, Development Services Director a FROM: Kayren Kittrick, Dikelopment Engineering Supervisor SUBJECT: Wilson Park Preliminary Plat LUA09 - 140, ECF, PP EXISTING CONDITIONS WATER: Site is within the Renton service area, however due to the elevation of the site Renton cannot provide sufficient sustainable water pressure. Soos Creek Water and Sewer District has issued a certificate of water availability so Renton will release the service area. SEWER: Site is within City of Renton service area. An existing 12-inch diameter sanitary sewer main is located in S. 55`h Street. STORM: A preliminary storm drainage plan per King County Surface Water Design standards was submitted with the application. The site is within the Springbrook and Panther Creek Wetland drainage basins. STREETS: S. 55th Street is paved_ All other proposed access is currently unimproved. CODE REQUIREMENTS WATER 1. Soos Creek Water will serve the site. Extension of a water line will be required for domestic and emergency service_ SANITARY SEWER 1. A minimum 8-inch diameter sanitary sewer is required to be extended to serve the site. 2. The System Development Charge shall be determined by the size of the meter installed per each lot. This fee is payable with the construction permit. SURFACE WATER 1. The System Development Charge shall be at the current rate of $1,012.00 per single family site. This fee is payable with the construction permit. LUA 09-140 PR Comments Evangelical Chinese Church Office LUA 09-143 Page 2 of 2 TRANSPORTATION 1. A Traffic Mitigation Fee of $75.00 per additional Average Daily Trip shall be assessed based on the latest ITE manual and the final number of buildable lots, 2. All new access roads shall meet City of Renton standards or as modified. 3. A dedicated connection to the northern property line is required. PLAN REVIEW -GENERAL 1. All plans shall conform to the Renton Drafting Standards. 2. A construction permit is required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate, application and appropriate fee shall be submitted to the City Hall sixth floor counter. RECOMMENDED CONDITIONS 1. The final technical information report, drainage design and erosion control plans in compliance with the 2009 King County Surface Water Design Manual is required for the proposed plat prior to issue of a construction permit. 2. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 3. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the Public Works Inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities is required prior to Temporary Certificate of Occupancy. 4. A construction plan indicating haul route and hours, construction hours and a traffic control plan shall be submitted for approval prior to any permit being issued. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. City of .____-on Department of Community & Economic Dr. _lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:j? M' COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick R E C E ! W E SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,520 squW Yet 2 %009 LOCATION: 720 5 55`h Street PROPOSED BLDG AREA (gross) N/�Rj III DIN,(; DIVISION WORK ORDER NO: 78147 SUMMARY OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Eorth Air Water Plants Lond/Shoreline Use Animals Environmental Health Energy/ Natural Resources :�¢,e OlO*A l I /1-, - J wo I 6. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or reas where additions information is needed to properly assess this proposal. f t u Ill, Sign to of Director or Authorized Representative Date s# b57 Project Name: WtQsou Pout/L V? Project Address: 7Z0 6. 5j` Contact Person: 11"� IGf Permit Number: LUN 061- I-qQ Project Description: Lig SfEh` wl 0Ve � �qtV , IkW%4-, Land Use Type: Residential ❑ Retail ❑ Non -retail Calculation: !-6-1 - I7- oY Ito - I = E3 13 )'- 41.5-? Method of Calculation: 42"TTE Trip Generation Manual, 7th Edition ❑ Traffic Study ❑ Other U16-) a s'7/C(AA. �- Transportation Mitigation Fee: Calculated by:IF � Date:j J1Qt XkJ Date of Payment: City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3 LOCATION: 720 S 55`h Street i; PROPOSED BLDG AREA (gross) N/A r WORK ORDER NO: 78147 NF 13U�L 'NQ PWA% y SUMMARY OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approv r lot for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Earth Air water Plan is LondfShoreline Use Animals Environmental Heolth Energy/ Natural Resources "C mp S"vr" ;* "7 --k-3 tt/l C/aV0q B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li ht Glare Recreation Utilities Trans ortation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified oreas of probable impact or areas where additional information is needed to properly assess this proposal. Ao Signs ur f Director or Authorized Representative Date City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET I`, ' REVIEWING DEPARTMENT: a) M vnc_� COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009CITYOF EENTON APPLICANT: Steve Beck PLANNER: Jerry Wasser a V E Q PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick NI.l y 0 2 2009 SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,52 LOCATION: 720 S 55`h Street PROPOSED BLDG AREA (gross) N/A WORK ORDER NO: 78147 SUMMARY OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS A69L C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics l.i ht/Glore Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment I0, 000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas 1ere additional information i needed to properly assess this proposal. Signature of Dire rorAuthorized Represent tive Date PUBLIC WORKS DEPARTMENT Ch%(11,1 M E M O R A N D U M DATE: November 9, 2009 TO: Jerry Wasser FROM: Sonja J. Fesser SUBJECT: Wilson Park, LUA-09-140, PP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced preliminary plat submittal and have the following comments: Comments for the Applicant regarding the preliminary plat submittal: None. Information needed for final plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-OX-XXX-FP and LND-10-0482, respectively, on the final plat submittal_ The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number for the final plat will be different from that used for the preliminary plat and is unknown at this time. Show the two ties to the City of Renton Survey Control Network with published values, on the final drawing sheets. The geometry will be checked by the city when the ties have been provided. Provide sufficient information to determine how the final plat boundary was established. Include a statement of equipment and procedures used, per WAC 332-130-100. Complete City of Renton Monument Cards, with reference points of all new right of way monuments set as part of the plat. Clearly state who is to own the various tracts (Homeowners' Association or other). Note the bearings for all interior boundary lines between the lots on the plat drawing. Provide plat and lot closure calculations. h:\file sys\Ind - land subdivision & surveying records\Ind-10 - plats\0482\rv091109.doc Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note whether the adjoining properties, on the east and south of the subject property, are platted (give plat name and lot number) or unplatted. Do not note King County Tax Account numbers. Note all easements, covenants and agreements of record on the final submittal. Note the addresses for the plat lots on the final plat submittal. The addresses will be available after city approval of the preliminary plat. On the final short plat submittal, remove all references to trees, utilities facilities, topog lines and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Provide a "LEGEND" for the plat drawing, detailing the symbols used in said drawing. The City of Renton Administrator. Department of Public Works and the city's Mayor and City Clerk sign the final plat submittal. An approval block for the city's Finance Director is also needed. Provide appropriate approval blocks and signature lines as needed. A pertinent King County approval block is also needed. Provide signature lines as required. All vested owner(s) of the subject plat need to sign the final plat submittal (those who are vested at the time of plat recording). Include notary blocks as needed. Include a declaration block on the drawing, titled "OWNER'S DECLARATION". Remove all references to density and zoning on the final submittal. Do not include the "BENCH MARK" block or the "VERTICAL DATUM" block on the final submittal. Do not include the "OWNER/DEVELOPER" and "ENGINEER/SURVEYOR" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat submittal and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the plat submittal and provide spaces for the recording numbers thereon. A new private access and utilities easement is shown for the benefit of future owners of the lots affected by said easement. Since the new lots created via this plat are under common ownership at the time of plat recording, there can be no new easement created until ownership of the lots is conveyed to others, together with and/or subject to specific easement rights. h:\file sys\ind - land subdivision & surveying records`Ind-10 - plats\0482\rv091109.doc Add the following Declaration of Covenants language on the face of the subject plat submittal, 11 the previous paragraph applies to said plat: DECLARATION OF COVENANT: The owners of the land embraced within this plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this plot to any and OR future purchasers of the lots, or of any subdivisions thereof. These covenants shall run with the land as shown on this plot. The private ingress, egress and utilities easement requires a "NEW PRIVATE EASEMENT FOR INGRESS, EGRESS AND UTILITIES MAINTENANCE AGREEMENT" statement on the drawing. See the attachment. With a Homeowner's Association (HOA) planned for this plat, the following language concerning ownership of Tract 'A' (the storm drainage tract) applies to this plat and should be noted on the final plat submittal as follows: Upon the recording of this plat, Tract "A" is hereby granted and conveyed to the Plat of Wilson Park Homeowners' Association (HOA) for a STORM DRAINAGE TRACT. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. NOTE: Use the above noted language for the other tracts associated with this plat, with changes made to said language as needed, depending on the type of tract noted_ Tract "B" is a steep slopes area. A Native Growth Protection Easement statement needs to be included on the final plat submittal for said easement. Add a scale and north arrow to the vicinity map. An updated Plat Certificate will be required for approval of the plat by the City Council. Fee Review Comments: The Fee Review Sheet for this review of the preliminary plat is provided for your use and information. h:\file sys\lnd - land subdivision & surveying records\lnd-10 - plats\0482\rv091109.doc Title for both of the followingparagraphs: NEW PRIVATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENT Use the following paragraph if there are two or more lots participating in the agreement. - NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS PLAT. THE OWNERS OF LOTS SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES_ THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET_ Use the following paragraph if there is one lot subject to the agreement: NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS PLAT. THE OWNER OF LOT SHALL HAVE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:Bwtr4A aLs COMMENTS DUE. NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECTTITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,520 square feet LOCATION: 720 5 55th Street PROPOSED BLDG AREA (gross) NIA WORK ORDER NO: 78147 SUMMARY OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health En erg y/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Elementof the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,00O Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS "It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of $530.76 per each new single family lot to address these potential impacts." Parks Mitigation Fee City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT; rLs, COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,S2D square feet LOCATION: 720 S 551h Street PROPOSED BLDG AREA (gross) N/A WORK ORDER NO: 78147 SUMMARY OF PROPOSAL: The applicant is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14, 000 Feet IVA we have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:R? tw_ COMMENTS DUE: NOVEMBER 16, 2009 APPLICATION NO: LUA09-140, ECF, PP DATE CIRCULATED: NOVEMBER 2, 2009 APPLICANT: Steve Beck PLANNER: Jerry Wasser PROJECT TITLE: Wilson Park Preliminary Plat PLAN REVIEWER: Kayren Kittrick SITE AREA: 108,884 square feet EXISTING BLDG AREA (gross): 3,520 square feet LOCATION: 720 S 55th Street PROPOSED BLDG AREA (gross) N/A 0 7�XK ORDER NO: 78147 PLEASE RETURN TdiJERRY WASSER IN RENT PLANNING 67H FLOOR SUMMARY OF PROPOSAL: The applico t is requesting an Environmental (SEPA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot arcel in the R 1, R-8 and R-14 ones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts {for o n space and storm detenti ). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 Ili units per ac he proposed lots are intended for the future construction of single family residences. The southwestern portion a site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Forth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Infdrmation Necessary Housing Aesthetics Li htJGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment I0, 000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of CIA NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS-M) DATE: November 2, 2Gcq LAND U5E NUMBER: LUAU?-14f1, ECF, Pa PROJECT NAME: Wilspn Park Preliminary Pial PROJECT DESCRIPTION: The applicant is requesting an Environmemal (SEPA) Review and approval f a o Preliminary Piat far the subdivision of a IOA,884 square foot parcel in the R-1 Se , H-g and H-14 nines and in the Urban parator OverlayT , he proposal encompasses 13 lots and 4 trans Ror open spare and stone detenlionj, The lots "loge in size from 4,639 square feet to 6.512 square feet wfl. a density of 7.9proposed 9 dwelling units per acre, The semnoary proposed lots are intended for the fuwre construction of single family residences . The southwestern psite ortion of the contains small area of steep slopes. Access to the proposed lots would be via a new street off access for emergency vehicles is also proposedo(5 SSih Street a PROJECT LOCATION: 770 5 5S" Street OPTIONAL DETERMINATION OF NDN-SIGNIFICANCE, MITIGATED lbi Ili : As the Lead Agency, the City of Renton has determined that significant environmental impacts ere unlikely to result from the proposed project Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DN6M process to give notice that a OW comment is eat to he issued. Comment periods for the project and U,e propused DNS-M are integrated into a single comment period. There will be no commenf period fnyowine the issuance of the Threshold Determination of Ni Significance -Mitigated (DN5-Mi. A 14-day appeal period will follow the issuance of the DNS-f.4. PERMITAPPLICATION DATE: October 16, 2009 NOTICE OF COMPLETE APPLCATION: November 2, 2009 APPLICANT/PROJECT CONTACT: Shupe Holmberg, 8aima & Holmberg Inc.; 200 From Street S: Issaquah, WA 98027 Permit,/Review Requested: Environmental ISEPA Re view, Preliminary Plat approval Other Permits which may be required: Building and Construction Permits Requested Studies: Geotechnfcai Report, Drainage Report, Traffic Study, Wetland Reconnaissance Location where application may be reviewed: Department of Community & Economic Development (CED; - Planning Division, Sixth poor Renton City Hall, 1055 South Grady Way, Renton, WA 94057 PUBLIC REARING, Public hcarrrr is rant ely scheduled for oe�mber 2 2R0y efor� th won Hearin Examiner inRenon Cou nu! Charrshers, Hearings begin ar 9:00 AM on the 71h Flour of the new Rennin City hall located at 1D55 50u:h Grady ways CONSi5TENCy OVERVIEW: 7oningJLand Use: The subjecr sire is designated Residential Low Density IRLD), Residential Single Family jRSF;, Residential and Medium Density (RMDI on the City of Renton COmpreheh5lve Land Use Map and Residential - t IR-1;, Residential and Residential -14 (fi4( on the Ciry's Coning Map. Environmental Documents that Evaluate the Prapased Proi EmSrolaacm,u ISEPA; Checklist Development Regulatior, Used For Project Mitigation: The nrofect will he subiecl to the City'5 SFPA ordinance, R62C 4-2-11GA, Ai NC 4- 2JtoE, RMC 43-110 - and ocher aPpllretle roles and aregula bons as pProprrate. Proposed Mitigation Measures: The fohn1ung rvthh aL g on reasures wi!I likely be unposed on the proposed project. These recommended mitigation Measures iaddress project;lnE s net covered by exfshng codes and regulations as cited above. The npp;irnnl will rSe: equireJ [o Pop the app'oirrinre r•orrsparrorion M„"hgnt-, Fee; the nopilcont will be required ro poy me oppm—ote Fire Mihporiun Fee, he uppiiconr vrlf be requrrcd to pay the nppropnnte Forks Mitigc:iun Fe,, cord The epp,';1u twill be required to comply with recemmendutions o{the Georechrtira! Engmeerhrg 5Tudy, prepored 5y tia & tissociotes, 1pt, dated Febnrnry 20, W09. Comments on the above application must be submttted in writing to Gerald C. Wasser, Associate Planner, CED - piadoing Division, 2055 South Grady Way, Renton, WA 98057, by 5:00 PM on November 26, 2009. This matter is also tentatively scheduled for a public hearing on December 15, 20C9, at 9:Oo a.m.. Council Chambers, Si2VEIN, Floor, Renton City Hall, 1055 5611th Gradv Way, Renton If you are interested in attending the hearing, please contact the Development 5ervices UNision to ensure that the hearing has not been rescheduled at (4251 430 7282. if comments cantror be submitted in writing by the date indicated above, you may stlN coappear at the hearing and present your d pay ty of receo mments ;he proposal before roc Rearing Examiner. rf you have questions aboul this proposai, of wish to be made ord and receive atltlitioual information by mail, please contact the project rnanagec Anyone who suhuuts written comments will automatically become a pally of record and will be notified of any decision on this project. CONTACT PERSON: Gerald C. Wasser, Associate Planner; Tel: j425i 430-7382; Emr: gwasser@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMEER WHEN CALLING FOR PROPER FILE IDENTIFICATION It you would like to he made a party of record to receive further information n on this proposed project, rornplete this form and return to: City of Renton, CED - Planning Division, 1055 So, Grady Way, Renton, WA 98057- Name/File Ne.: Wllsnn Park Preliminary PlatJL UA09-140, ECF, PP NAME MAILING, ADDRE55: TELEPHUNE NO.: CERTIFICATION IT hereby certify tha>E cop- of the above docu " sul were posted by me in , conspicuous places or nearby e scfibe e wR" DATE: � SIGNED; IV 7 ATTEST: Subscribed and sworn before me.. a Notary Public, in and for the State of Washington residing in, P L1 +°° ��`lir•�-19-�� `:CSC on the r day of NOTARY PUBLIC SIGN CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 2nd day of November, 2009, 1 deposited in the mails of the United States, a sealed envelope containing Acceptant a Letter, NOA, Environmental Checklist, Site Plan PMT documents. This information was sent to: aril e "a' a i, 9 Agencies See Attached Shupe Holmberg Contact Steve Beck Applicant Robert Wilson Owner Surrounding Property Owners See attachced (Signature of Sender): STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that Stacy M. Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. �•��`�;,`1��r Gated: I �1 r.�.. .1. Notary Public in and Notary (Print): JA yob p_r My appointment expires: 'DY,(k_ j a he Sate of.WaA, ington eprac'"` Wilson Park Preliminary Plat tPt;jiNl�m LUA09-140, ECF, PP template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoat Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 — 172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoat Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS-240 Seattle, WA 98106-1514 39015 172'd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 90D Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3956 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS', the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing r� 338832004901 ADDINGTON CLYDE C/O JAMES PETERSON 10034 SE 190TH RENTON WA 98055 312305911900 DORMAIER ERIK 2822 12TH AVE W SEATTLE WA 98119 272850011003 KIEV MINH HANG LE 605 S 53RD PL RENTON WA 98055 312305910704 MCNAMEE STEPHEN M + HEIDI M 701 S 52ND ST RENTON WA 98055 312305908005 PENORA JOSEFINA 520 S 55TH ST RENTON WA 98055 312305915604 SNYDER GORDON 750 S 55TH ST RENTON WA 98055 322305930701 THOMAS ROBERT M & MARY 18833 102ND AVE SE RENTON WA 98055 312305912502 WILSON ROBERT D 720 S 55TH ST RENTON WA 98055 312305902404 AHLUWALIA RAVINDER SINGH+JA 730 E 55TH ST RENTON WA 98055 312305907502 GURUDWARA SINGH SABHA 5304 TALBOT RD S RENTON WA 98055 338832006005 MEDLOCK CLYDE+PURCELL NANCY PO BOX 58489 RENTON WA 98058 272850016002 NGUYEN KHANH C+DUCQUY DANG 616 S 53RD PL RENTON WA 98055 338832005007 RUDISILL ROBYN R+HEATHER M 10028 SE 190TH ST RENTON WA 98056 338832023000 SQUARE WILBERT E SR+CELIA 10015 SE 192ND ST RENTON WA 98055 272850012001 ANN VAN ALAN B+LY LIN 611 S 53RD PL RENTON WA 98005 272850013009 WITT PAUL+FREIDA 617 S 53RD PL RENTON WA 98055 272850014007 DANG QUANG+DUONG KIM 623 S 53RD PL RENTON WA 98055 338832007003 HUNTER ALAN-+-CHERYL 10033 SE 190TH ST RENTON WA 98055 272850015004 MENDONCA EDUARDO & ANA 622 S 53RD PL RENTON WA 98055 338832022002 NGUYEN MINH SON PO BOX 5744 BELLEVUE WA 98006 272850010005 SINGH JASWANT 531 S 53RD PL RENTON WA 98055 272850017000 TAM KAWAMA & SAUYI 604 S 53RD PL RENTON WA 98055 338832019008 WHITE SHERYL L 10020 SE 192ND ST RENTON WA 98055 r Lttly Of e w NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS-M) DATE: November 2, 2009 LAND USE NUMBER: LUA09-140, ECF, PP PROJECT NAME: Wilson Park Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting an Environmental (SERA) Review and approval of a Preliminary Plat for the subdivision of a 108,884 square foot parcel in the R-1, R-8 and R-14 zones and in the Urban Separator Overlay. The proposal encompasses 13 lots and 4 tracts (for open space and storm detention). The proposed lots range in size from 4,639 square feet to 6,512 square feet with a density of 7.99 dwelling units per acre. The proposed lots are intended for the future construction of single family residences. The southwestern portion of the site contains a small area of steep slopes. Access to the proposed lots would be via a new street off of S 55th Street; a secondary access for emergency vehicles is also proposed. PROJECT LOCATION: 720 S 55`h Street OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non - Significance -Mitigated (DNS-M). A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: October 16, 2009 NOTICE OF COMPLETE APPLICATION: Noverber 2, 2009 APPLICANT/PROJECT CONTACT: Shupe Holmberg, Baima & Holmberg Inc.; 100 Front Street S; Issaquah, WA 980Z7 Permits/Review Requested: Environmental (SEPA) Review, Preliminary Plat approval Other Permits which may be required: Building and Construction Permits Requested Studies: Geotechnical Report, Drainage Report, Traffic Study, Wetland Reconnaissance Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: Public hearing is tentatively scheduled for December 15, 2009 before the Renton Hearing Examiner in Renton Council Chambers. Hearings begin at 9:00 AM on the 7th floor of the new Renton City Hall located at 1055 South Grady Way. CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated Residential Low Density (RLD), Residential Single Family (RSF), and Residential Medium Density (RMD) on the City of Renton Comprehensive Land Use Map and Residential - 1 (R-1), Residential - 8 (R-8), and Residential - 14 (R-14) on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SERA) Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SERA ordinance, RMC 4-2-110A, RMC 4- 2-110F, RMC 4-3-110 and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • The applicant will be required to pay the appropriate Transportation Mitigation Fee; • The applicant will be required to pay the appropriate Fire Mitigation Fee, - The applicant will be required to pay the appropriate Parks Mitigation Fee; and ■ The applicant will be required to comply with recommendations of the Geotechnical Engineering Study, prepared by Liu & Associates, Inc., dated February 20, 2009 Comments on the above application must be submitted in writing to Gerald C. Wasser, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 99057, by 5:00 PM on November 16, 2009. This matter is also tentatively scheduled for a public hearing on December 15, 2009, at 9:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Development Services Division to ensure that the hearing has not been rescheduled at (425) 430-7282. ff comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Gerald C. Wasser, Associate Planner; Tel: (425) 430-7382; Eml: gwasser@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION if you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED — Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Wilson Park Preliminary Plat/LUA09-140, ECF, PP NAME: MAILING ADDRESS: TELEPHONE NO.: Denis Law Mayor November 2, 2009 Shupe Holmberg Baima & Holmberg Inc. 100 Front Street 5 Issaquah, WA 98027 City of I z OF� /A f-r C Department of Community & Economic Development Subject: Notice of Complete Application Wilson Park Preliminary Plat, LUA09-140, ECiF, PP Dear Mr. Holmberg: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on November 23, 2009. Prior to that review, you will be notified if any additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Hearing on December 15, 2009 at 9:00 a.m., Council Chambers, Seventh Floor, Renton City Hail, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7382 if you have any questions. Sincerely, Gerald C. Wasser Associate Planner cc: Robert Wilson / Owner(s) Steve Beck / Applicant Renton City Hall 9 1055 South Grady Way 0 Renton, Washington 98057 • rentonwa.gov Denis Law Mayor November 2, 2009 Michael Fortson Department of Transportation Renton School District 1220 N 4`h Street Renton, WA 98055 Subject: Wilson Park Preliminary Plat LUA09-140, ECF, PP City `J o Department of Community & Economic Development The City of Renton's Department of Community and Economic Development (CED) has received an application for an 13-lot single-family subdivision located at 720 S 551" Street. Please see the enclosed Notice of Application for further details. In order to process this application, CED needs to know which Renton schools would be attended by children living in residences at the location indicated above. Please fill in the appropriate schools on the list below and return this letter to my attention, City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, Washington 98057 by November 16, 2009. Elementary School: Middle School: High School: Will the schools you have indicated be able to handle the impact of the additional students estimated to come from the proposed development? Yes No Any Comments: Thank you for providing this important information. If you have any questions regarding this project, please contact me at (425) 430-7382. Sincerely, X� 4�, 7�� Gerald C. Wasser Associate Planner Encl. Renton City Hall • 1055 South Grady Way 0 Renton, Washington 98057 9 rentonwa.gov Encomoass ENGINEERING Z-h SURVEYING I Li400le January 27, 2010 Jerry Wasser City of Renton 1055 South Grady Way Renton, WA 98055 RE: Wilson Park Preliminary Plat / LUA09-140, ECF, PP Dear Jerry: City of R.nt." Pia"Iling Divisigtl 1�1 N 2 i �� CE#ED Please find enclosed copies of the preliminary plat site plan and conceptual utility/grading/drainage/landscape plans, revised per your November 24, 2009 "On Hold" Notice as follows: • Final preliminary plat layout (including street rights -of -way and improvements); Done- 12 lots and a road connection to the north. The roads were revised per the November 12, 2009 Street Modifications Request letter from Neil Watts. • Driveway locations and grades; Done. • More detailed information on grading and an explanation for the need of created protected and sensitive slopes ; Dane —Grading details were added, including walls and wall sections. • Retaining wall location, height and materials. Done. If you have questions or comments, please call me at (425) 392-0250 or email me at tom@baimaholmberg. com. Very truly yours, BAIMA & HOLMBERG, INC. i Tom Redding F1260012687-4p11DowmentS ,e LersUerry Wasser 1-27-ID.do, Western Washington Division 165 NE Juniper St., Ste 201, Issaquah, WA 98027 98922 Phone: (425) 392-0250 Fax: (425) 391-3055 674-7419 Eastern Washington Division 108 East 2°1 Street, Cle Elum, WA Phone: (509) 674-7433 Fax. (509) www.EncompassES.net k BAIMA & HOi.MBEI, INC. 100 Front Steet South ISSAQUAH, WASHINGTON 98027-3817 (425) 392-0250 FAX (425) 391-3055 SHEET NO.__._...___ ---- CALCULATED BY ,- — DATE�{� CHECKED BY_ DATE crni F ��I?'Y� DP -Fad SP�Cb C'�LCS ri 6V lSF[.7 sl75 r i_� D s (T iZbr�a ��A► i�-!4 z-394 sf z90. sf- Z.a 9 4- Tu-t pfi— 2 R 6-t4 234795- Sf Rom : 12 j 159 27 S F Qi2-iT1 Cam, PfR6-0 (-V2'&') gsLIP, sf t4C-7: Nf;7 19 g City of Renton Planning Uivis'lOn VED 1�, -qrD 5F=. .38e,2 Ac l'7t 3�S s� (3, V77 SF "-SU PC A D 46 1 (14) -t- 3�MZ ()) + 1.4 q24 (eO + 7—, 7 iZ UN (7S ALL0W in—.r rc.�,-.c-.-,, vn ,rp—,, BAIMA & HOL.MBEk-3, INC. SHEET NO. OF 100 Front Steet South ISSAQUAH, WASHINGTON 98027-3817 CALCULATEDBY � 7_ DATE (425) 392-0250 FAX (425) 391-3055 CHECKED BY DATE SCALE T AGE u 9 S SF- 4- sF -T V PxT J = 43 06 ISF Q, 937 6 IF t2 37 SF o'PEoj,5P fkoyiDW � 11j rjr5f R P mlcr2a4 oncio srviL],E5-I �Pztliecj J a 0 Q cn Otr 0 a, CV City of Renton TMEE RETENTICA WORKSHEET 1. Total number of trees over 6" in diameter on project site: 1. _l— trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 w/Pt trees Trees in proposed public streets trees Trees in proposed private access easements/tracts _� trees Trees in critical areas3 and buffers —Q trees Total number of excluded trees: 2. 61 trees 3. Subtract line 2 from line 1: 3. trees 4. Next, to determine the number of trees that must be retained4, multiply line 3 by. 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. trees 5. List the number of 6" or larger trees that you are proposing5 to retain4: 5. ; ...5 trees 6. Subtract line 5 from line 4 for trees to be replaced: 6. trees (If line 6 is less than zero, stop here, No replacement trees are required) 7. Multiply line 6 by 12" for number of required replacement inches: 7. — 2JP Inches - — 8. Proposed size of trees to meet additional planting requirement: {Minimum 2" caliper trees required) 8. inches per tree 9. Divide line 7 by line 8 for number of replacement trees6: (if remainder is 5 or greater, round up to the. next whole number) //� 9. —40-_ trees ' Measured at chest height. 2. Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborisi, and approved by the City. Critical Areas, such as wetlands, strearns, floodpfalns and protected slopes, are defined in Section 4-3-051) of the Renton Municipal Code (RMC) ` Count only those trees to be retained outside of critical areas and buffers s The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per f2MC 4-4-1301-17a City of Renton 6 Inches of street trees, inches of trees added to cdticaf areas/buffers, and inches of trees r ',i"tVv §on are less than 6" but are greater Than 2" can be used to meet the tree replacement require a tt r H;Division/Forms/TreeRcicnlinnWorksliect J�lY .r Tt9(�tl H� NC laCto Denis Law - Mayor 3 l_...., City 0f,-JL C O Y Al Department of Community and Economic Development Alex Pietsch, Administrator November 24, 2009 Steve Beck Amberwood LLC 4735 NE 4th Street Renton, WA 98059 SUBJECT: "On Hold" Notice Wilson Park Preliminary Plat / LUA09-140, ECF, Ph Dear Mr. Beck: The Environmental Review Committee (ERC) reviewed the above -captioned project on November 23, 2009. During that review, it was determined that additional information is necessary in order to proceed further and, therefore, a threshold determination was not issued. The following information will need to be submitted before the Environmental Review Committee can again consider this project: • Final preliminary plat layout (including street rights -of -way and improvements); • Driveway locations and grades; • More detailed information on grading and an explanation for the need of created protected and sensitive slopes ; and • Retaining wall location, height and materials. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7382 if you have any questions. Sincerely, Gerald C. Wasser Associate Planner cc: Robert Wilson / Owner Shupe Holmberg/Contact Paul Witt, Ravinder & Jasbir Aluwalia, Robert Thomas, Michael Link, Steve McNamee, Quang Dang & Kim Duong, Khanh Nguyen / Party(ies) of Record Renton City Hall • 1055 South Grady Way 9 Renton, Washington 98057 0 rentonwa.gov BAIMA & HOLMBERG INC. November 23, 2009 City of Renton Gerald Wasser 1055 South Grady Way Renton, WA 98055 RE. Wilson Park Dear Jerry: City of Fenton Plannirig i1visi;Jn Ni 'i fR1��C�Ll V �0 Per your request, we are submitting five sets of revised plans for the Wilson Park Subdivision. The biggest concern that we addressed was the grading on Lots 4 through 8. Those are going to be difficult lots and our intent was to leave the final grading on the lots to a builder. We did not intend to create non -conforming lots (slopes over 40%) that would require a variance, so we revised the grading plan. Following are changes that were made to the plans. • Revised grading on Lots 4 through 8. • Revised Lot 13 to 10,000 sq ft. • Added wall sections • Added wall profiles. These changes were made to the 13 lot layout that was submitted with the application. They do not reflect the conditions imposed by the denial of the variance request. As we discussed, if the variance request is appealed and if the appeal is denied, then there is not enough net area remaining for 13 lots. Twelve is all that is attainable. Enclosed with this submittal are live copies of a revised site plan and density calculations that would satisfy the conditions outlined in the variance denial. Please call me at 425-392-0250 if you have any questions. Very truly yours, BAIMA & HOLMBERG, INC. Shupe olmberg, PE US Cc: Bob Wilson Steve Beck Enclosures WSH.66/7687-(01 Jerry Wass¢ 100 FRONT STREET SOUTH • ISSAQUAH • WASHINGTON - 98027-3817 - (425) 392-0250 • t425) 391-3055 WILSON PARK Density Calculations (1.2 Lots) To Reflect Conditions of variance Denial R. 14 Zone Gross Area 2,384 sq ft Road Area 212 sq ft Net Area 2,171 sq ft R 1 Zone Gross Area 27.156 sq ft Road Area 6,613 sq ft Critical Area 958 sq ft Net Area 19,585 sq ft R8 Zone Gross Area 79,343 sq ft Road Area 19,365 sq ft Net Area 59,978 sq ft Densi 2171 x 14 + 19585 x 1 + 59978 x 8 43560 43560 43560 = 12.16 12 Lots Max Allowed urr ovr .VVP '"Y iu: 40 t,RA 4 1V r7VV City or Renton 0o/B➢N&H ZOO 2/002 City of Renton TREE RETENTION WORKSHEET 1. Total number of trees over W in diameter' bn project site, 1. (D ( trees 2. Deductions: Cedain trees are excluded frcrn the retention calculation: Trees that are dead, diseased or dangerou.4 trees Trees In proposed public streets �1 L trees Trees in proposed private access easements/tracts t 5 trees Trees in critical areasa and buffers _Q trees Total number of excluded trees: 2. 2-( trees 3, Subtract Byre 2 from fine 1: 3. u Y:15 trees 4. Next, to determine the number of trees that must be retained, rrlultipiy line 3 by' 0.3 in zones RC, R-1, R-4, or R-8 0.1 In all other residentlal zones 0.05 In all commercial and industrial zones 4. 23 trees 5. List the number of 6" or iargor trees that you are proposing5 to retain: 5, trees 6. Subtract line 5 from line 4 for trees to be replaced 6. trees (It line 6 is loss than zero, stop here. No repleeamant trees are required), 7. Multiply fine S by 12" for number of required replacement Inches: r( 7.Z inches B. Proposed size of trees to meet additional planting requirement, (Mlnfmum V caliper tree® required) 2- inches per trey; g. Divide fine T by line A for number of replacement trews: (if remainder Is Z or greater, round up, to the next whole number) y g, Maesumd at ehaat helght. ' 4sad, dlsaaW or dangerous trees must be cerVIled as such by a forester, registered landscapa archlteaa, or certified arbrist, and approved by the Cfty. ClUcal Areas, such as wogiop , Streams, floodptalns and protected Slopes, are defined in Section 4.3.050 of the Renton Munldpal Cade (R6AC). 4. Count only those trees to be retained outside of cftal areas and been. 6. The cty may requrre modirrcatlon of the tree raton don plan to ensure reiandon of the maximum number of trees per RMG 4.4.1301`17a ° Incites of Meet (rasa, Inches or trees added to Ghfcal areas/butfers, and Inches of trees retained on site that WO 100 than S' but are greater than 2' can be Vsed to meet the tree replacement requirement. lisUivisia,V!'orcrulfteeltetcsttiottworksl,4�ct ity of Renton t 1107 Pj,.,lI ing Division Ntl' `! 3 . i iLK) City of Renton LAND USE PERMIT MASTER APPLICATIO PROPERTY OWNER(S) NAME: Robert Wilson ADDRESS: 21703 60th St. East CITY: Lake Tapps WA 98391 TELEPHONE NUMBER: 253-862-7285 APPLICANT (if other than owner) NAME: Steve Beck COMPANY (if applicable): Amberwood LLC ADDRESS: 4736 NE 4th St. CITY: Renton, WA ZIP: 98059 TELEPHONE NUMBER 425-444-0461 CONTACT PERSON NAME: Shupe Holmberg COMPANY (if applicable): Baima & Holmberg Inc. ADDRESS: 100 Front St. South CITY: Issaquah, WA ZIP:98027 TELEPHONE NUMBER AND E-MAIL ADDRESS: 425-392- 0250, shupe@baimaholmbeLg.com City of Renton Pip,!-,ninq Divil;io ; PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Wilson Park Preliminary Plat PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 720 South 551h St., Renton WA 98055 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 312305-9125 EXISTING LAND USE(S): Residential - Single Family PROPOSED LAND USE(S): Residential - Single Family EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF, R-14 (RMD, R-1 (RLD) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential - Single Family EXISTING ZONING: R-8, R-1, R14 PROPOSED ZONING (if applicable): R8, R1, R14 no change SITE AREA (in square feet): 108,884 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 18,105 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 2,178 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 7.99 DU, 3.92 DU NUMBER OF PROPOSED LOTS (if applicable): 13 NUMBER OF NEW DWELLING UNITS (if applicable): 13 H:Uobs1260012697-0011Hocument,lOther12687-001 masterapp.doc - 1 - 08/07 N P JECT INFORMATION (cont ed NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): Determined at building permit. SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA PROJECT VALUE: 2,100,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft, ❑ GEOLOGIC HAZARD 958 sq. ft. ❑ HABITAT CONSERVATION sq. ft. © SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Antion on separate sheet with the following information included SITUATE IN THE SE QUARTER OF SECTION _31_, TOWNSHIP _23_, RANGE-5—, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 3. 2. Subdivision Fe 4. Staff will calculate applicable fees and postage: $. I AFFIDAVIT OF OWNERSHIP I I, (Print Namels) Robert Wilson J! Doravin Wilson declare that I am (please check one) _X,,,_ the current owner of the property involved In this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. 1rt/ (Signature o(Owner epresentative) r (Signature o Owner epresentative) I certify that i know or have satisfactory evidence that Robert Wilson & poravin Wilson signed this instrument and acknowledged it to be hisrherltheir free and voluntary act for the uses and purposes mentioned in the instrument. G Notary Public in and for the State of Washington Notary (Print) Z.. -)a L Ili - My appointment expires: / C:1UserslDoravinlAppDatali,ocalWicrosoftlWindowslTcmporary Internet Files%Content.Outtookl4TNDXIPN12687-001 masterapp (2).doc .2- PLANNING DIVISION WAIV-.. OF SUBMITTAL REQUI, IcMENTS FOR LAND USE APPLICATIONS P,- LAND USE PERMIT SUBMITTAL W,AIWb MODIFIED REQUMMENTS: BY'.BY: CdIVIM Calculations r Colored Maps for Display 4 Construction Mitigation Description 2 AND 4 Deed of Right -of -Way Dedication Density Worksheet 4 Drainage Control Plane Drainage Report 2 Elevations Architectural a AND 4 Environmental Checklist 4 Existing Covenants (Recorded Copy) a Existing Easements (Recorded Copy) 4 Flood Hazard Data, Floor Plans a AND 4 Geotechntcal'Report 2AND 3 Grading Plan, Conceptual 2 1 Grading Plan, Detailed Habitat Data Report 4 Irnprovement E)eferral z Irrigation Plano King County Assessor's Map Indicating Sites Landscape Plan, Conceptual a Landscape Plan, Detailed 4 Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions a Master Application Form 4 Monument Cards (one per monument). , Neighborhood Detail Map 4 This requirement may be waived by: 1, Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME: DATE: H:�,PormslPlanninglwaiverofsubmittalregs.xls 02108 PLANNING DIVISION WA :R OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAM) USE PERMIT SIJ13ml[TTAL R QDlif NTS: va no©riia ing, Lot Coverage & Landscaping Analysis 8Y CC rVIIMENTSz 4 R.Od d-0-6, rs: (PMTs) a Name Reservation a 'C�ge 4 i+eapplication Meeting Summary 4 Public Ware A;'lprvual Uttar z Rehabilitation Plan 4 Screening 06-fai14 Site Plan 2 AND 4 Stream or, t 6k6 Study, Standard 4 Stream or Lake Study, Supplemental a Stream or Lake Mifigation Plan a v Street Profiles 2 Title Report or Plat Gerfificate 4 Topography Map 3 Traffic Study.z Tree Cutting/Land Clearing Plana (' Urban Cent0r Design Overlay District Re. port 4 , Utilities Plan, Generalized 2 Vvetiands Mjtigation.Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands t 0P0rt/0e1jneation a Wirefess: Applicant Agreement Statement 2 aAND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AHD 3 Map of View Area z A1110 3 Photosimulations a An0 3 This requirement may be waived by.- t. Property Services Section ?. Public Works Plan Review Section ;. Building Section i, Planning Section HAForm8lP1annin94aiverofsubmittalregs.As PROJECT NAME: DATE: 02/08 C°t,Y (f �e�t�r;< PREAPPLICATION MEETING FaR-,,r,,','701to WILSON PARK (I 720 s 55TH Sr fi- ._ CITY OF RENTON Department of Community and Economic Development Current Planning Division PRE09-o12 February 26, 2009 Contact Information: Planner Gerald Wasser Phone: 425.430.7382 Public Works Reviewer Rick Moreno Phone: 425.430,7278 Fire Prevention Reviewer: pave Pargas Phone: 425.430.7023 Building Department Reviewer: Craig Burnell Phone: 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre -application meeting is informal and non -binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The Information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community and Economic Development Administrator, Public Works Administrator and City Council). nle FIRE & EMERGENCY SERVICES DEPARTMENT 4M E M a R A N D U M DATE: February 24, 2009 T0: Rick Moreno, Plan Reviewer FROM: David Pargas, Assistant Fire Marshal, Community Risk Reduction SUBJECT: PRE-APP 09-012 Wilson Park Project A review of the plans and material regarding the Vasquez Short Plat has been conducted and completed, Please review the Renton Fire & Emergency Services Fire Code and policy comments and concerns. 1. FIRE FLOW: Structures up to 3,600 square feet (including garage and basement areas) shall require a minimum fire flow of 1,000 gallons per minute for two hours. Structures in excess of 3,600 square feet shall meet a minimum fire flow of 1,500 gallons per minute for two hours, A water availability certificate shall be required. 2. REQUIRED HYDRANTS: As in accordance with Renton Fire & Emergency Services Department standards, one (1) hydrant shall be required for structures up to 3,600 square feet and requiring a minimum fire flow of 1,000 gallons per minute. For structures over 3,600 square feet and requiring a minimum fire flow of 1,500 gallons per minute or more shall require a minimum of two (2) hydrants. The number of hydrants shall also be based on spacing, which shall be in accordance with sound engineering practices. All hydrants servicing the Wilson Park project shall be equipped with five inch Storz fittings on the i-nain ports. 3. 1IYDRANT SPACING: Residential spacing requires hydrants to be located no greater than 300 feet to the front of any structure. In this case, the existing hydrants are located much greater than the 300 feet to the existing structures. Therefore, a minimum of two (2) new hydrants shall be required in order for the Wilson Park project to meet the 300 foot spacing. 4. FIRE APPARATUS ACCESS: The minimum fire apparatus road access shall be no less than 20 feet wide and on a surface capable of sustaining the weight of a fire apparatus. The turning radius shall be 45 feet to the outside and 25 feet to the inside. Rick Moreno, flan Reviewer February 24, 2009 Page 2 of 3 At this time, I am concerned about the minimum 20 foot access off of South 192"d as a private access. Private accesses are difficult to regulate and to prevent parking in fire apparatus access roadways that are 20 to 28 feet wide. If this access cannot be designed as a public street, there are some possible options that could be considered, but would need to be reviewed and approved by the Fire Marshal. The options I am proposing as a possibility to mitigate the access issues are as follows; A) The uted access would require it to be the t e o erated o a radio ret uency and known as a Click To Enters stein. B) The 20 Loot road access would require to be marked on both sides of the road as "NO PARKING ATANY TIME ". The si ra e would need to be provided by the developer and Gnaintained by the Home Owners Association. Q All of the pYidential are sprinkler system.- The fire sprinkler systems would not aide in mitt gating the Steep grade issue. 5. FIRE APPARATUS ACCESS — GRADE: It appears that the access into the Wilson Park neighborhood may be greater than a 15 percent grade. It is important to note that we strongly require the grade to be no greater than 15 percent for Renton Fire & Emergency Services to recommend a project. Using fire sprinkler systems to mitigate an access to allow for it to be greater than 15 percent is not an option. 6. FIRE SPRINKLER: Residential fire sprinklers are not applicable to this project unless used as an option to mitigate insufficient fire flow or an access issue other than grade. 7. FIRE MITIGATION FEES: Fire mitigation fees shall be $488.00 per unit and shall be paid prior to final plat recording. Credit would be given for the one home that has been dedicated to be removed. RECOMMENDATION: LADDER/AERIAL ACCESS: Ladder access for a 35 foot ground ladder set at a 70 degree angle shall be provided on all four sides of any structure two stories or greater in height. DPlkc h;lcedlplanninglcurrent planninglpreapps109-012.jerrylfire comments pre09-012 wAson park.doc Rick Moreno, Plan Reviewer February 24,2009 Page 3 of 3 Jerry Wasser, Associate Planner h:lcedlplanninglcurrenl planning\preapps109-012.jerrylfire comments pre09-012 Wilson park -doe DEPARTMENT OF COMMUNITY AND nt' ECONOMIC DEVELOPMENT .y M E M O R A N D U M DATE: February 23, 2009 TO: Jerry Wasser FROM: Rick Moreno SUBJECT: Utility and Transportation Comments for Wilson Park Short Plat PRE09-012 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non -binding and may be subject to modification and/or concurrence by official city decision -makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. We have completed a preliminary review for the above -referenced development proposal. The following comments are based on the pre -application submittal made to the City of Renton by the applicant. WATER 1. This site is within the Renton service area. However, due to elevation of the site, Renton cannot provide sufficient sustainable water pressure. It is recommended that the owner receive a certificate of water availability through Soos Creek Water District. The City will be able to release the service area upon evidence that Soos Creek can service this parcel. This certificate will be submitted to the City prior to release of service area. `TRANSPORTATION 1. Street improvements are required including, but not limited to paving, sidewalks, curb and gutter, storm drainage, street lighting and landscaping along street frontage. 2. Traffic mitigation fees of $75 per additional daily trip shall be assessed per single family home at a rate of 9.57 trips per day. 3. All wire utilities shall be installed underground per City of Renton Ordinance. 4. A dedication of roadway to adjacent northern property is required prior to recording. It appears that Tract A is set up for this application. (See Storm Utility issues). 5. A Traffic study, including site distance evaluation shall be required for roadway access to S 192"d St. 6. The proposed 32 ft. right-of-way with curb, gutter and sidewalk on one side does not meet current code. An approved variance is required with this proposal. PRE o9-012 PRComments.dac 7. Dedicated right-of-way, meeting City of Renton Street Standards including curb, gutter and sidewalk improvements fronting all lots shall be required prior to recording. Current proposal is not acceptable for lots 6 through 9. 8. Maximum road slopes shall be 15% in all cases. Maximum angle of approach is 8 degrees and maximum angle of departure is 10 degrees. 9. Secondary access roadways are sometimes required as specified by the Fire Marshall. Secondary access roadways are also required by the City of Renton Street Standards (Title 4, Chapter 6, Section 60G). if streets are over 500 feet, but not over 700 ft. long, dwellings shall either provide a secondary access road or provide an approved residential fire sprinkler system shall be installed. If streets are over 700 ft., a secondary access road is required. Any proposed access -gating system requires approval from the Renton Fire Department. 10. Sidewalk, curb and gutter shall abut S 192'd St with radius curb per City of Renton standards. SANITARY SEWER l . This site is within the City of Renton Sewer area. The owner shall extend an S- inch sanitary sewer main within the proposed right -of way from S 55th St. and extend to the frontage of each proposed lot. A 15-foot utility easement shall be required to extend to the easterly boundary of lot 6, or lot 9. 2. All system development fees shall apply based on the size of the water meter services. SURFACE WATRER 1. The project is required to do a drainage analysis and meet the design criteria in accordance with the 1990 King County Surface Water Design Manual with conservation flow control criteria or current city standard. The 2005 KCSWDM criteria may be required subject to submitted calculations by the engineer. 2, The Surface Water System Development Charge (SDC) is $1,012 per new single- family residence. This is payable at the time the utility constriction permit is issued. 3. if the proposed Tract A is dedicated for detention, and a right-of-way dedication is used to connect to the northern lot, traffic bearing lid(s) will be required to any proposed storm vault. GENERAL COMMENTS l . All utility and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. if fire sprinkler systems are necessary, then a separate fire sprinkler permit will be required. 3. Permit application must include an itemized cost of construction estimate for these improvements, 4. The fee for review and inspection of these improvements is 6% of the first $150,000 of the estimated construction costs 5% of anything over $150,000 but less than $300,000, and 4% of anything over $300,000. Half the fee must be paid upon application. PRE 09-012 PRComments.doc CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: February 26, 2009 TO: Pre -Application File No. 09-012 FROM: Gerald Wasser, Associate Planner, (425) 430-7382 SUBJECT: Wilson Park General: We have completed a preliminary review of the pre -application for the above -referenced development proposal. The following comments on development and permitting issues are .based on the pre -application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Planning Director, Public Works Administrator, Development Services Director and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code, The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall. Project Proposal: The subject property is located north of S. 551h St. and east of Talbot Rd. S. at 720 S. 55`h St. The proposal is to subdivide a 108,884 sq. ft. (2.5 acre) parcel into 16 lots and one tract, for future development of detached single-family houses. There is one existing home on the parcel, which would be removed. The site has three different zoning designations, R-1, R-8, and R- 14, and the applicant is proposing a zone change to R-8 for the entire site. The proposed lots range from approximately 4,500 sq, ft. to 6,243 sq, ft. in size. The preliminary plat would be accessed via a 50 ft. wide access easement running from S. 551h St, over a neighboring parcel to the south. Secondary access would be provided via a 30 ft. ingress, egress, & utility easement over a neighboring property to the south. The site contains protected slopes and a number of significant trees. 7-oning/Density Requirements: The subject property encompasses three different zoning designations. Staff estimates that approximately 75,300 sq, ft. (1.73 ac) are zoned R-8, 31,200 sq. tt. (0.72 ac) are zoned R-1, and 2,384 sq, ft. (0.06 ac) are zoned R-14_ These are only approximations. Density is calculated by first subtracting the area of any access easements and critical areas from the gross site acreage, and then dividing the number of units by the net acreage. The applicant did not submit a density worksheet for the proposal, Based on the breakdown of how much land is located in each zoning designation, staff has estimated that up to 13 units could be built on the R-8 portion of the lot, no units could be built on the 0.72 acre portion in the R-1, and no units could be built on the R-14 portion of the lot. The R-8 zone permits a minimum of 4.0 units per acre and a maximum of 8.0 units per acre_ The applicant's submittal is predicated on a rezone of the R-1 and R-14 portions of the site to R-8 zoning. Note: While the applicant may request a rezone to R-8, staff is not supportive of this change of zone. The R-1 zone was applied in this ,general area to aid in the protection of critical areas. The R-1 zone designation on this property is part of a larger continuous area which includes wetlands, sfeep slopes, landslide areas, and coal mine areas. This rezone would also require a Comprehensive Plan Amendment from Residential Low Density (RLD) to Residential Single Family (RSF}. Development Standards: Because the only developable part of the lot is the R-8 portion, unless a rezone and Comprehensive Plan Amendment are approved, staff has only reviewed compliance with the development standards for that part of the site. Wilson Park Pre -Application Meeting February 26, 2009 Page 2 of 3 The R-8 zone permits one residential unit per lot. Detached accessory structures are permitted at a maximum number of two per lot at 720 square feet each, or one per lot at 1,000 square feet in size. No accessory structures are allowed on lots without a primary structure. Minimum Lot Size Width and Depth — The minimum lot size permitted in the R-8 zone is 4,500 square feet for tots greater than 1 acre in size and 5,000 square feet for lots 1 acre or less in size. A minimum lot width of 50 feet for interior tots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. The total area of the proposed subdivision is greater than 1 acre, so the minimum lot size is 4,500 square feet. All of the proposed lots in the R-8 portion of the site would far exceed this minimum. Note: Since this may be a Hillside Subdivision, lots may be required to be larger than the minimums prescribed in the zone. Building Standards — The R-8 zone allows a maximum building coverage of 35% of the lot area or 2,500 square feet, whichever is greater for lots over 5,000 square feet in size. Buiiding height is restricted to 30 feet and 2-stories. Detached accessory structures must be below a height of 15 feet and one-story. The gross floor area must be less than that of the primary structure. Accessory structures are also included in building lot coverage calculations. Given the proposed lot configuration, it appears that building standards could be satisfied_ Setbacks — Setbacks are the minimum required distance between the building footprint and the property line or private access easement. The required setbacks in the R-8 zone are 15 feet in front for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear, 5 feet for interior side yards, and 15 feet for side yards along streets (including access easements) for the primary structure and 20 feet for side yards along streets (including access easements) for attached garages. Given the proposed lot configuration, it appears that setbacks could be satisfied. Access/Parking: The site has no street frontage, but has existing access easements to South 55tE' Street and SE 192"d Street. The applicant is proposing to access the project via 50-foot road and utility easement. Road A would have to be a dedicated public right-of-way. Secondary access is proposed via a 30-foot ingress, egress, and utility easement. Additionally, the City would require that the extension of Road A at proposed Lots 8, 9 and 10 be developed to the same standards as the rest of Road A (including width, sidewalk, curb and gutter) to the northern property line. Subdivisions with five or more internal lots must provide a public road to serve the new homes. Curb, gutter and sidewalk improvements would be required. Public tights -of -way must be a minimum of 42 ft. wide. Reductions in public right -of width and street improvements would require a street modification. Sidewalks on both sides of the street within the plat and on one side of the southwest access from South 551" Street would be required. Each lot must allow for the parking of two vehicles on the property Landscaping: The applicant would be required to plant at least two trees of a City approved species with a minimum caliper of 1 112 inches in the front yard or planting strip of each lot of the short plat and a 5-foot strip along the new right-of-way. The trees and landscaping trust be planted prior to final inspection of the new homes. In addition, the stormwater pond must also be landscaped. Critical Areas: The site contains two small areas of protected steep slopes. There is also an area of high landslide hazard on the parcel. A geotechnical report will be required at the time of submittal for a preliminary plat which should Include recommendations by the geotechnical engineer on location and footings of future homes on the site. Due to the fact that there are known wetlands in the area, a wetlands study must also be submitted. The wetlands study must be conducted according to the City of Renton Critical Areas regulations, a copy of which is included in the packet of information given to the applicant at the pre -application meeting. Secondary review of the wetlands study, at the applicant's expense, may be required. If wetlands are found, appropriate buffers and Natural Growth Protection Easements must be established. Hillside Subdivisions: Hillside Subdivisions are subdivisions in which the average slope is 20% or in which any street in the subdivision has grades greater than 15% at any point. RMC 4-7-220 PRF-09.012 Wilsun Park PP (R-$, 16-lot, access,new street, slopes).doc Wilson Park Pre -Application Meeting February 26, 2009 Page 3of3 establishes the regulations for Hillside Subdivisions including application requirements, grading information, street requirements, lot size and erosion control requirements. Significant Tree Retention: A tree inventory and a tree retention plan shall be provided with the formal land use application. The tree retention plan must show preservation of at least 30% of significant trees (6-inches and greater). A tree retention worksheet will also be required at the time of formal application. The submitted tree plan must indicate how proposed building footprints will be sited to accommodate preservation of significant trees that will be retained. Consistency with the Comprehensive Plan: The R-8 portion of the site is located within the Residential Single Family (RSF) Comprehensive Plan Land Use designation. The following proposed policy is applicable to the proposal: Land Use Element Policy LU-158. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family neighborhoods. Permit Requirements: Because staff is not supportive of the proposed Comprehensive Plan Amendment and rezone, the applicant may wish to redesign the project utilizing the R-8 portion of the site only for residential lots. A redesign of the project would affect permit requirements. The following permit fees assume that a rezone will not be pursued by the applicant. To subdivide the parcel, the applicant must make formal submittal for Hearing Examiner Preliminary Plat Review. A submittal checklist, listing the items that must be included in the submittal packet to the City, is included in the packet of information given the applicant at the pre - application meeting. The applicant will be required to install a public information sign on the property and the City will send out information on the plat to neighboring property owners. There is a $2,000.00 fee for preliminary plat review. The plat will also require Environmental Review with an additional fee of $500.00, The time frame for processing the environmental review and preliminary plat is approximately 12 weeks to the end of the appeal period. Once approval is received, the applicant must complete any required improvements, such as sewer and water stubs, surface water management facilities, fire hydrant and grading. A separate utilities construction permit is required for these improvements. The applicant must also satisfy any conditions of the preliminary approval from the Hearing Examiner before the plat can be recorded. The newly created lots may be sold only after the plat has been recorded. The applicant may submit for building permit review for the new houses before the plat is recorded, but the City can only issue the building permits when the plat has been recorded. A demolition permit would be required for the demolition of the existing house on the subject property. Fees: In addition to the fees for review of the land -use, construction and building permits, the following mitigation fees would be required prior to recording of the short plat. • A Parks Mitigation Fee based on $530.76 per new single family residence; • A Transportation Mitigation Fee based on $75.00 per each new average daily trip attributable to the project; and, • A Fire Mitigation Fee based on $488.00 per new single-family residence. A handout listing all of the City's Development related fees in attached for your review. Expiration: Upon preliminary plat approval, the preliminary plat approval is valid for 5 years with a possible one-year extension. cc: Jennifer Henning ?R.E09-012 Wilson Park PP (R-8, 16-lot, access,new street, slopes}.doc ttJ - Jil t nDrl V, t!G w ,; Ih �8 R-id 95 � c - c . CQ ...SE a). Rd c ;' CO RM-F R-id co s h s,��se R-0 i co R-10 c0 5 4T1t� S! a - I R-13 R 14 s s Ph :1 R 4 s ft-4 J3 - OG T22N R5I; E 1/2 Y � ZONING � ti� 0 200 400 sE'ie7u': sc SE i91ml3I R,4 SE 19 MSI R-4 I3 31 T23N R5E E 1/2 5331 BAIMA & HOLMBERG INo. April 28, 2009 City of Renton City of Renton Kayren Kittrick Planning Division 1055 South Grady Way Renton, WA 98055 dU; i fLl 7 RE: Wilson Park----PRE09-012, 720 South 55"' Street Street Width Modification Request Dear Kayren: The purpose of this letter is to request a modification to street width standards for the Wilson Park project. The proposed road providing access for the project comprises of an offsite roadway between South 92"d Street and the site, together with the onsite portion of the access road. To be able to provide the minimum lot widths/areas and required open space, we request that the following road sections be allowed (see attached plan and sections): Offsite Reduced -width 28' of paving with curb and sidewalk on one side (5' sidewalk width including 0.5' top of curb, and paving crown at 16' from curb) to be constructed within an existing 50' Road and Utility easement, to be dedicated to the City prior to recording the plat. The missing 4' of paving and curb/sidewalk would be constructed when the offsite property develops. Onsite Full -width 32' of paving with curb and sidewalk on one side (5' sidewalk width including 0.5' top of curb) be constructed within a 37.5' right-of-way be dedicated to the City with the recording the plat. The proposed roadway would extend about 800' onto the site from South 92"d Street where it would terminate with a "Click to Enter" equipped emergency access vehicle gate. A 20' paved emergency access road would loop back to South 92'" Street from the gate. No portion of road would have a grade of greater than 15%. If you have questions or comments, please call me at (425) 392-0250 or email me at tom@baimaholmberg.com. Very truly yours, BAIMA & HOLMBERG, INC. Tom Redding F.126N0 2667-0011Ducument3lLetters\Kayren Kiltrick.dac 100 FRONT STREET SOUTH • ISSAQUAH • WASHINGTON 98027-3817 • (425) 392-0250 • (425) 391-3055 ,., aVl 6yV7 X"kJ Lu: eo r x r3VU 4a.ty of Renton D$/EDN&P 14062/p02 C' of Renton TREE RETENTION WORKSHEET 1. Total number of trees over 6" in diameter' on }project site: 1. (0 l trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 trees Trees In proposed public streets 11 trees Trees in proposed private access easements/tract-5 trees Trees In critical areas3 and buffers D trees Total number of excluded trees: 2. 2 (o, trees 3, Subtract line 2 from line 1: 3- _ _ -5 trees 4. Next, to determine the number of trees that must be ratained' , multiply line 3 by: 0.3 in zones RC, R-1, R-4, or R•8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. 23 trees 5. List the number of 6" or larger trees that you are proposings to retains: 5. 1- I trees 6- Subtract fine 5 from line 4 for trees to be replaced: 6. trees (if tine 6 Is less then zero, stop here, No roplamment trees are required), 7. Multiply line 6 by 12" for number of required replacement inches: 7. Z inches 6. Proposed size of trees to meet additional planting requirement: (Mlnfrrtum 2" caiipertrees required) 8. inches per tree 9. Divide line 7 by line 8 for number of replacement trees': (tf remainder is ,5 cr gredl0r, round up, to the next whole number) g. ! trees ' MMured at chest height. Qw, diseased or dangerous trees must be Certlfled as such by a fora.5ter, regiS[eroo landscape archltest, or cartiffed atboriat, and approved by the Clty- 3 C60cai Areas, such as wetlandS, Streams, floodplaim and protected Slopes, are defined in Section 4.3-050 of Me Renton Idunktpal Code (RUIC). 4, Count only those trees to be rosined outside 61'Crltical areas and buffers. e The City may require modirtcativn of the tree reran ffon plan to ensure retention of the maximum number of trees per RMC 4.4-1301-17a ° Inches tlf street trees, Inches or tretas added tD orltical vreaslbutfers, and inches of trees retained on site that are less fhan 6" but are greater than 2" can be used to reel the tree replacement fequfrement. ft:[r;vieiuss/Fonrrsr['n:efie[cntiotsworkshcet CitY Of Retnb,, PlanllinP Diosron UCT WILSON PARK PLAT PROJECT NARRATIVE • Project name, size and location of site: Wilson Park is located at 720 South 55rh Street, Tax Parcel 312305- 9125. The total area of the site is 108,884 sq. ft. (gross) • Land use permits required for proposed project: Plat approval, City of Renton permits required to connect to existing utilities and Department of Ecology Construction Stormwater Permit. • Zoning description of the site and adjacent properties: The current zoning of the property is R8, R1 and R14. The majority of the property is zoned R8. Property to the north is vacant, west of the property is the plat of Geneva Court (zoned R14), east and south is single family residential. • Current use of the site and any existing improvements: There is an existing single family residence on the site that will be demolished. Special site features (i.e., wetlands, water bodies, steep slopes): A wetland and stream reconnaissance was conducted on the property by Altmann Oliver Associates, no wetlands or streams were identified on site. Julian Liu conducted on -site soils tests and prepared a geotechnical report that concluded the underlying soils are stable and there is no landslide hazard. There is a small portion (800 sq ft) of a regulated steep slope (40%) that extends approximately 16 ft in to the property from the south approximately 160 ft east of the southwest property corner. • Statement addressing soil type and drainage conditions: According to the 1973 King County Soils Map, the site is Alderwood, Gravelly Sandy Loam (AgC). 0 Proposed use of the property and scope of the proposed development: Proposed 13-lot single-family residential development of one existing tax parcel. • For plats indicate the proposed number, net density, and range of sizes of the new lots: Thirteen lots, with lot sizes of ranging from 4,639 sq. ft. to 6,512 sq ft with a density of R8 7.99 & R4 3.92 units per acre. • Access: The property is currently served by a 30 ft access easement from S. 55Ih St. This easement access is not adequate for development of the site, but will be retained as a secondary access for emergency vehicles. The applicant has obtained a 50 ft easement across Tax Parcel 312305-9119 from S. 55'h St. to the southwest corner of the subject property. This easement will be utilized for the main access to the site. The easement contains language that will allow it to be deeded to the City for road right of way. • Proposed off -site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.): Curb, gutter, sidewalk and landscaping the property frontage. • Total estimated construction cost and estimated fair market value of the proposed project: Construction cost of about $700,000 and an estimated fair market value of $2,100,000 f • Estimated quantities and type of materials involved if any fill or excavation is proposed: Grading will be required to create access to the building pads within the future lots. The grading will consist of excavation of the driveways, excavation of material for the leveling of the building pads, installation of rockeries and/or retaining walls and general lot leveling. The material will be removed from the site. The quantities are not known at this time. Grading quantity information will be provided when the engineering plans are provided for review and approval. 0 Number, type and size of any trees to be removed: Thirty percent of trees required to be retained. Twenty-one trees retained. Required 2*6 =12 trees replaced. There will be approximately one (1) 14" Alder, forty-four (44) 8" to 34" Fir, ten (10) 15 to 42" Maple, twenty-four (24) 8" to 40" Cedar trees removed with this project. • Explanation of any land to be dedicated to the City: 18105 sq ft dedicated for public streets. Any proposed job shacks, sales trailers, and/or model homes: NIA • Any proposed modifications being requested: Modification to street width standards. A copy of the modification request enclosed with submittal. Distance in feet from the wetland or stream to the nearest area of work: NIA WILSON PARK CONSTRUCTION MITIGATION DESCRIPTION Proposed construction stark date will be approximately in Spring 2010 and completion will be in approximately two months. Hours of operation will be 7:00 A.M. to 4:00 P.M. Monday through Friday. Proposed hauling/transportation route will be west on SE 192"d/S. 55" St. to Talbot Rd S. Water trucks, street sweepers and any other requirements deemed necessary would be implemented for any impacts that may occur. There will be no anticipated weekend, late night or any other specialty hours proposed for construction or hauling at this time. Flag persons will be employed and signs will be installed for traffic control when necessary. if C:J Ia": I UA � r^;� 1 .. �.': il.'rr; _.� IJ:.'; 6J,c 17) i 1, PLAT DAME RESERVATION CERTIFICATE TO: STEVEN BECK 4735 NE 4TH ST RENTON, WA 98069 PLAT RESERVATION EFFECTIVE DATE: May 13, 2009 a y. Of Rentot, The plat name, WILSON PARK has been reserved for future use by ROBERT WILSON. I certify that 1 have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire May 13, 2010, one year from today. it may be renewed one year at a time. 1f the plat has not been recorded or the reservation renewed by the above date it will be deleted_ Deputy Auditor ' i TY { ,� i��•Rrsa �, 7 JDB 7 __ _. BAIMA & HOLMBERG, INC. 100 Front Steet South ISSAQUAH, WASHINGTON 98027-3817 (425) 392-0250 FAX (425) 391.3055 SHEET NO CAI-CUF,ATFD BY CBECKFD BY SCALE OF 3 DATE _.... DATE 1nr�LSd� p�s�� ZON 144 P SPA CALC. y # Renton Plnrriinq Division li il-'X EAW- 0) T074L 61715 A9G-A 1o&1894 5& 1=1 061,45UTY - 41SI r14 lnc4 F@VGj404 rtq4 :4 (Zas S : NL64 23184- Is F r iQ67 2 U7 7 : a 049 A� 4 -D5S A RGA 274 I SG 5& F7 R1$ 12—T 50. F% c ffA7 669 9se S�D_ f_7 ti&IT . .alun c50- r-? ,4409 P[ AZSS 8963 7 9 34,E SQ- Fl A6005 1 I, -770 5 Q F7 mc-Z (OF,395- SGL C77 t,5023 19c L UT'. CC c) tl 17 S t o 4-9-6 )L t - 4 Gd 9 X 1 T �,�''Dc3 X� = 13, Z 13 r., w-r S llL Lbw&2 aPE4 SpoCc NWI.'CTM 1 IS�rIP Iheels) 705 1 ?A4dgA f BAIMA & HOLMBERG, INC. 100 Front Steet South ISSAQUAH, WASHINGTON 98027.3817 (425) 392-0250 FAX (425) 391-3055 JOB SHEET NO OF .. CALCULATED BY DATE - DATE SCALE ----_... A 7 Rr r 7� t c oN7 0P6r4 Spe' 271113C SO- f-7 1-VOCT A 63Z 4 sF 4 C 4-3 Z- r SF IN IZ V OCT.9518 SF try 4L 'T`OZ i 3, o `SQ r7 F&YIRW z IV if 8 poibTlw 117F 1 C7 IS 136CacraW r 9<a6 S 7 b l i p }Bf s ztffi Z 14 ea,16 C . 2 c -? r SQ FT, (T UB _9 5tZ.F T) C Ot,( COWJW 150 NonLCT M4 1 6ip WNs} 205.1(Pad IMI CA c 1 N A L?EA"816 Dw LGk&L 5Z. FT Sri T 3 dF 3 tDo'd 46 989499eege 6Q%BQ 6002-to- AW rrtls t:tarWfrcale provides Certificate : 4357 information necessary to evaluate development .i. Of Reritor, prtaposstrs. FD Iclffl ing DIVl�if)n SOOS CREEK WATER .AND SEWER. DISTRICT CERTIFICATE OF WATER AVAILABILITY Type: Preliminary Plat or PUD I)f, Applicant's Name, Robert Wilson �1�1 L Proposed Use: Preliminary Plat of Single Family residences Location: Lot: Block: Development: Parcel 312305 9125 Address: 720 S 55TH ST, RENTON Information: WATER PURVEYOR INFORMATION 1. z ' Water will be provided by service wmeotion only t4 an eanating Null inch water main. Null feet from the site, And l Ofher b 9 Water service will require an imprnvernent to the water system of Water service for the proposed plat wiH require the installation of water main . Upon ruing a site pica from the develop¢ an extpiuedxing review will need to be done to determine more details. Finat water requiremmts and Uyvut will be based on the final site developmeutplan, road, storm and grading plans. Although this parcel is xrved by b9t11 Soos Cm-.k and the City of Rcn= for water, the Cary has agreed to allow Soos Creek to serve the entire parcel. Alt plans must be approved by and raW the requiremeats of the Fire Marshal and Soos Creek Wafer and Sewer District. 2. a W, T x water system is in caaforauace with a C:ourny approved water onVrehensive plan. b The watrx systemimprovement will requires water catatprchexuive plan amendment 3 a Se The proposed project is within the corporate limits ofthe district: or has been granW Boundary review Board approval for extension of service outside the district or, city, or is within the gawtty approved service area of a prisms water purveyor. b _ Armexatton or Boundary /review Board approval will be necessary to provide service. 4, a = Water Wor will be available at the rate of flow and duration indicated below at no less than 20 psi measrued at the nearest fire hydrant feet from the buildm@lproporty (err as marked on the atawbed Itate of Flow: Duration: Cross Connection Control devices must be in conformance with state laws. Service is subject to the applicauts agrt:etnent to comply and perform to make such installation and/or connections to the standards, regulations, requirements and conditions of this District and such other agency or agencies having jurisdiction. This District is not represcnrirg that its facilities will be extended or otherwise modified to make smh service available to the applicant. It is the responsibility of the applicant to make any required extension of facilities to serve tbAr property. 1 hereby cerlll_v that the above water purveyor inturnratiou is true. This cerMcatiou shall be valid for one year from date of siignatwe. 500S CREiM WATER &SEWERDISfitiCT Dard Marti,oda t1f.712oD8 _� .. AS -ay (Jame sigrnwry dame n,w - rs1!1 aaw ae.u<wae iaercr7.® •�n.�,o,• xx�ss 1'd 59ZU9Mz —I!M PNO9 i laweo 60 to AUW DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLP&TfRenlo City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 fir'; ;° r Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: IR(,�r'�j��D The State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1 0J 3. 4. 5. 6. 7. Name of proposed project, if applicable: Wilson Park Plat Name of applicant: Robert Wilson Address and phone number of applicant and contact person: Applicant: Robert Wilson 21703 60th St . East Bonney Lake, WA 98391 253-208-3263 Date checklist prepared: 611109 Agency requesting checklist: City of Renton Contact: Shupe Holmberg Baima & Holmberg, Inc. 100 Front St. S Issaquah, WA 98027 425-392-0250 Proposed timing or schedule (including phasing, if applicable): Summer/Fall 2010 construction Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. IL1n 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Wetland Reconnaissance Report has been prepared by Altmann Oliver Associates. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known 10. List any governmental approvals or permits that will be needed for your proposal, if known. Plat Review/Approval, and other City of Renton permits required to connect to the existing utilities, and Department of Ecology Construction Stormwater Permit. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. This is a proposal to develop a 108,884 sq.ft. parcel into thirteen single-family lots with associated road and utilities. 7 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The site is located at 720 South 55th Street, Tax Parcel 312305-9125, situate in the SE quarter of Section 31, Township 23, Range 5, in the City of Renton, King County, WA. B. ENVIRONMENTAL ELEMENTS EARTH General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) 40%f. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The site is mapped by the U.S. Soil Conservation Service as underlain with Alderwood sandy loam/till soil. The Geotech report prepared for this project shows portions of the site to be underlain with clean, gravelly sand. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None Known e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Grading will be required for road construction and building pads within the future lots. The grading will consist of cut/fill for roads and driveways, excavation of material for the leveling of the building pads, installation of retaining walls and general lot leveling. The grading will involve cutting approximately 17,000 cu-yds of material with approximately 6,000 cu-yds of it being reused for structural fill. Approximately 500 cu-yds of crushed rock fill will be brought onto the site for road construction. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. There is some possibility of erosion during the construction of a project, but strict erosion control measures will be used to minimize the possibility. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 3 When the project is completed, there will be approximately 40% impervious area within the site. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion will be controlled during construction with slit fencing, rocked construction entrances and sediment traps. The disturbed soil will be covered with straw and/or planted grass. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction equipment exhaust during construction, little long term emissions after that will be minimal with the single-family use. b. Are there any off -site sources of emission or odor that may affect your proposal? If so, generally describe. No C. Proposed measures to reduce or control emissions or other impacts to air, if any: None 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. NIA 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. None 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. ►TS b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water?? Give general description, purpose, and approximate quantities if known. 1M 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. NIA C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. This proposal is to provide a combination detention/water quality wetvault and storm filter for flow control and water quality. This facility will discharge to the existing roadside ditch along South 55th Street (South 192"d Street). 2) Could waste material enter ground or surface waters? If so, generally describe. Generally no, the stormwater water quality facilities will prevent this. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Water quality wetvault and storm filter for storm water quality treatment. 4. PLANTS a. Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other 5 Xevergreen tree: fir, cedar, pine, other �X_ shrubs _K_ grass pasture crop or grain wet soil plants: cattail, buttercup, bulirush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Except for the required tree retention, the site will generally be cleared for road and infrastructure construction, and for grading lots for future houses. C. List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: When the construction of the residences are complete, individual lot landscaping is generally provided to enhance the aesthetics of the site. Some of the existing trees to be retained. The landscaping of the lots will more than likely consist of lawn areas, low growing shrubs and ornamental trees. S. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other, Fish: bass, salmon, trout, herring, shellfish, other List any threatened or endangered species known to be on or near the site. None Known C. Is the site part of a migration route? If so, explain None Known d. Proposed measures to preserve or enhance wildlife, if any: None Proposed 6. ENERGY AND NATURAL RESOURCES What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The energy needs of the project will be met using either electric or natural gas or a combination of both. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Housing construction will conform to state energy codes. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. None Known 1) Describe special emergency services that might be required. Ik ILI 2) Proposed measures to reduce or control environmental health hazards, if any: NIA b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None Known 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. In the short term, there will be noise associated with the installation of the roadslutilitiies and construction of the residences. 3) Proposed measures to reduce or control noise impacts, if any: The construction noise will be limited to the hours allowed by the City of Renton noise ordinances. Construction hours will be indicated on the approved building permits. S. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Single-family residence. Single family to the north, south, east and west. h b. Has the site been used for agriculture? If so, describe. I: raj C. Describe any structures on the site. A single-family residence with garage. d. Will any structures be demolished? If so, what? The existing residence will be demolished. e. What is the current zoning classification of the site? R-14, R-1 and R-4 f. What is the current comprehensive plan designation of the site? RSF and RLD g. If applicable, what is the current shoreline master program designation of the site? NIA h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes, there is a small area of 40%± slope along the south boundary. i. Approximately how many people would reside or work in the completed project? Based upon a model of approximately 2.3 people per residence, approximately 30 people will reside in the completed project. j. Approximately how many people would the completed project displace? 2to4 k. Proposed measures to avoid or reduce displacement impacts, if any: None Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The lots to be created and the residences to be constructed will meet applicable city and state zoninglbuilding codes. Single family residences will be constructed in a single family residential neighborhood. I. 9. HOUSING a. Approximately how many units would be provided, if any? indicate whether high, middle, or low-income housing. Thirteen single-family residences will be provided. The units will be middle income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. One middle income house C. Proposed measures to reduce or control housing impacts, if any: None 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The houses will meet zoning and building codes, and will fit in with the neighborhood. b. What views in the immediate vicinity would be altered or obstructed? View from the east could be opened up due to tree removal. C. Proposed measures to reduce or control aesthetic impacts, if any: None proposed 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NIA b. Could light or glare from the finished project be a safety hazard or interfere with views? It is not likely that light from the finished project would be a safety hazard or interfere with any views. c. What existing off -site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: None 0 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Not known b. Would the proposed project displace any existing recreational uses? If so, describe. No C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None proposed other than designated Open Space on the project. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. Not Known b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None C. Proposed measures to reduce or control impacts, if any: NIA 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access for all lots will be from a newly -constructed public road, extending south to the existing South 55t" Street roadway. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No, the nearest bus stop is at South 43rd Street and Talbot Road South, about % of a mile away. C. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will have two off street parking stalls in front of the garage and the potential of 2 parking stalls within the garage of each of the proposed residences. 10 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe {indicate whether public or private? Yes, a new street off of South 55tn Street will be constructed to serve the site. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Based upon a standard model of 9.57 Average Daily Trips (ADT) per residence, it is anticipated that the completed project will generate approximately 124 vehicular trips per day. g. Proposed measures to reduce or control transportation impacts, if any: The City will require a traffic mitigation fee for the development. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe_ There will be a minor increase in need to all of the services. b. Proposed measures to reduce or control direct impacts on public services, if any. Mitigation fees as required by the City will be paid either at the time of recording the Plat or at the time of building permit issuance. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. City of Renton will be providing sanitary service. Soos Creek Water and Sewer District will be providing the water. Puget Sound Energy will be providing the power and gas. 11 C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: Name Printed: Tom Redding Date: 12 Altmann Oliver Associates, LLG NI_'7"' 1:;u11.116.11,%Ni1 January 21, 2009 Steve Beck 4735 NE 4th Renton, WA 98059 {)Ih4r 12;i :,Ai ,-lty of Reoton F�I,�lll`llr?=.'� ❑I?lISIQfI !> rlr�A1f��L,�� I'.17vironlllc'llial P1,11111ilig cti �.?illcltiC'tl�)c' Ai-chilecturc• AOA-3796 SUBJECT: Wetland Reconnaissance for Wilson Property (Parcel 312305-9125) 720 So. 551h Street, Renton, WA Dear Steve: On January 15, 2009 1 conducted a wetland and stream reconnaissance on the subject property and the adjacent new 50-foot wide access easement utilizing the methodology outlined in the 1997 Washington State Wetlands Identification and Delineation Manual. No wetlands or streams were identified on or immediately adjacent to the property or the new access easement during the reconnaissance. The south-central portion of the subject property is currently developed with an existing single-family residence and associated maintained lawn area. The remainder of the property consists of a mostly coniferous forest that generally slopes moderately down from east to west. Vegetation on the site included western red cedar (Thuja plicata), Douglas fir (Pseudotsuga menziesh), big -leaf maple (Acer macrophyllum), hazelnut (Corylus comuta), Indian plum (Oemleda cerasiformis), snowberry (Symphoricarpos albus), tall Oregongrape (Mahonia aquifolium), Himalayan blackberry (Rubes discolor), trailing blackberry (Rubes ursinus), sword fern (Polystichum munitum), and English ivy (Hedera helix). The plant community within the undeveloped new access easement consisted of a mix of trees and brush including black cottonwood (Populus trichocarpa), big -leaf maple, Himalayan blackberry, snowberry, sword fern, and English ivy. No hydrophytic plant communities were observed on the site. Borings taken throughout the property revealed high chroma non-hydric soils and there was no observation or evidence of prolonged soil saturation. Steve Beck January 21, 2009 Page 2 If you have any questions regarding the reconnaissance, please give me a call. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC John Altmann Ecologist LIU & ASSOCIATES, INC. Geotechnical Engineering Engineering Geology February 20, 2009 Mr. Robert Wilson 720 South 55°i Street Renton, WA 98055 Dear Mr. Wilson: Subject: Geotechnical Engineering Study Wilson Plat 720 South 55`h Street Renton, Washington L&A Job No. 9AO06 INTRODUCTION Earth Science sty of Renton We have completed a geotechnical engineering study for the site of the subject plat, located at the above address in Renton, Washington. The general location of the project site is shown on Plate 1 — Vicinity Map. We understand that the proposed development for the site is to plat it into 16 single-family residential lots, with supporting infrastructure. The purpose of this study is to characterize the subsurface conditions of the site and provide geotechnical recommendations for grading, slope stabilization, erosion mitigation, surface and ground water drainage control, foundation design and construction, etc., for the proposed development of the site. Presented in this report are our findings, conclusions and recommendations. PROJECT DESCRIPTION For our use in this study, you provided us with a set of topographic survey and plat plan of the proposed development for the site. According to this plan, the subject site is an rectangle -shaped land about 526 feet wide (east -west) by about 207 feet deep (north -south), lying to the north of South 551h Street. The platted building lots are to be accessed from 55th Avenue South to the south side of the site via a new roadway entering the site near its southwest corner and an existing gravel driveway at about 120 feet west of the southeast corner. These roadway/driveway 19213 Kenlake Place NE - Kenmore, Washington 98028 Phone (425) 483-9134 , Fax (425) 486-2746 February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 2 are to connect a paved road running mainly east -west down the middle of the site. Individual irafltrataori :acities11 " be aged 'ispc�s::;;stvrmwatex':rt'p residential _buildings wherever ; suitably .and a : concrete detention w;ult, designed ,tasuppletnent .the infiltration facilities, is to be located at the northwest corner of the site to store storm runoff collected over the impervious surfaces of the proposed development. We understand that grading for the proposed development of the site will ilnde'cutting .dpwn the .astern high -ground .area some Retaining walls and/or rockery Atha# end �litrig up',�v_�steM .1�AWeying .area.to �tne �i�gree. g walls may be required to support or line the cut banks and/or fill embankments along the east, west and part of the south boundaries of the site. SCOPE OF SERVICES Our scope of services for this study comprises specifically the following: 1 Review the geologic and soil conditions at the site based on a published geologic map. 2. Explore the site for subsurface conditions with backhoe test pits to a firm bearing soil stratum or to the maximum depth (about 12 feet) capable by the backhoe used in excavating the test pits, whichever occurs first. 3. Perform necessary geotechnical analyses and provide geotechnical recommendations for grading, slope stabilization, erosion mitigation, surface and ground water drainage control, design and construction for building foundations and stormwater detention vault, etc., based on subsurface conditions encountered in the test pits and results of our geotechnical analyses. 4. Prepare a written report to present our findings, conclusions, and recommendations for the proposed development of the subject plat site. SURFACE CONDITIONS SITE CONDITIONS LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 3 The subject site is situated on a broad, moderate to steep, westerly -declining hillside. It is backed into undeveloped wooded lands to the north and east, and adjoined by a single-family residence and undeveloped land to the south and a subdivision to the west. The site generally slopes down westerly at grades from 13 to 3.9 percent. The higher, grWnt portions of the site generally lie within the eastern 100 to 120 feet and the western 150 to 200 feet of the site, while the more moderate area lies in about the middle third of the site where the building pad and the yard of an existing residence are located. The existing residence is accessed from South 55`h Street via a long gravel driveway. The unpaved area around the existing house is covered with lawn grass. The 1. g6er:gradient eastern and western areas of the site is dotted with tall, mature evergreen trees with few mature deciduous trees mixed in between. The eastern steeper area is covered with thick brush, while the western steeper area is covered by sporadic brush and dense ivy. GEOLOGIC SETTING The Geologic Map of the Lake Stevens Quadrangle, Snohomish County, Washington, by James P. Minard, published by U. S. Geological Survey in 1985, was referenced for the geologic and soil conditions of the subject site. According to this publication, the surficial soil units at and in the vicinity of the site are mapped as Kame Terrace (Qit) deposits underlain by Ground Moraine (Qgt)• The geology of the Puget Sound Lowland has been modified by the advance and retreat of several glaciers in the past and subsequent deposits and erosion. The latest glacier advanced to the Puget Sound Lowland is referred to as the Vashon Stade of the Fraser Glaciation, which has occurred during the later stages of the Pleistocene Epoch and retreated from the region some 14,500 years ago. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 4 The Kame terrace deposits were laid down by ice -marginal streams flowing between higher ground on one side and an ice margin on the other side during the last glaciation. They consist mostly of silty sand and gravel to cobble. The Kame terrace deposits also contain lenses and pods of till and beds of sand, silt and clay locally. The Kame terrace deposits are of moderately - high to high permeability and can provide good foundation support to structures in their native undisturbed state. The ground moraine soil unit, underlying the Kame deposits, is composed of a thin layer of ablation till over lodgmont till sediments, deposited by Puget glacial lobe of the Vashon Stade of the Fraser Glaciation. The lodgmont till is generally a compact mixture of unsorted clay, silt, sand, gravel and cobble, commonly referred to as "hard pan". The ablation till is similar to lodgmont till, but is much less compact and coherent. The thickness generally varies from 2 to 4 feet for the ablation till deposit, and 5 to 30 feet for the lodgmont till deposit. The lodgmont till deposit is practically impervious, except local lenses of sand and gravel. it has a compressive strength comparable to that of low-grade concrete and can stand in steep natural or cut slopes for a long period. The lodgmont till can provide excellent foundation support with little settlement expected to structures. The overlying ablation till is generally in a loose to medium -dense state, and is more compressible and permeable. SOIL CONDITIONS Subsurface conditions of the site were explored with seven test pits excavated within the site. These test pits were excavated on February 4, 2009, with a tract -mounted backhoe to depths from 6.5 to 9.5 feet. The approximate locations of the test pits are shown on Plate 2 - Site and Exploration Location Plan. The test pits were located with either a tape measure or by visual reference to existing topographic features in the field and on the topographic survey map, and their locations should be considered only accurate to the measuring method used. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 5 A geotechnical engineer from our office was present during subsurface exploration, who examined the soil and geologic conditions encountered and completed logs of test pits. Soil samples obtained from each soil unit in the test pits were visually classified in general accordance with United Soil Classification System, a copy of which is presented on Plate 3. Detailed descriptions of soils encountered during site exploration are presented in test pit logs on Plates 4 through 7. The test pits encountered a layer of loose, organic topsoil, from about 10 to 24 inches thick, mantling the site. In Test Pits 1 and 2, located in the eastern high ground area, the layer of topsoil was found underlain by a layer of ablation till of brown, medium -dense, silty, fine to medium sand with a trace of gravel, from 2.3 to 3.5 feet thick. This ablation till is underlain to the depths explored by a lodgmont till deposit of brown to brown -gray, dense, silty fine sand, with some gravel and occasional cobble. Test Pits 3 and 4, located at the downhill fringe of the moderately -sloped middle section of the site, encountered a Kame terrace deposit underlying the topsoil. The top 1.7 to 2.0 feet of this Kame terrace deposit is weathered to a loose to medium -dense state and is composed of brown, fine to medium sand, locally with some silt and/or gravel. The fresh Kane terrace deposit underneath is medium -dense to dense, and is composed of brown -gray to light -gray, fine to medium sand with a trace of gravel. This clean sandy deposit should be of high permeability. Test Pits 5, 6 and 7. Located near at the west end of the site, encountered a weathered and/or fresh Kame terrace deposit, up to about 9.1 feet thick, underlying the topsoil. The Kame terrace deposits were found underlain by a lodgmont till deposit in Test Pits 5 and 7 at a depth of 5.0 and 9.0 feet, respectively. GROUNDWATER CONDITION LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page b Groundwater seepage was not encountered by any of the seven test pits excavated on the subject plat site. The topsoil, ablation till, and weathered and fresh Kame terrace deposits are loose to medium -dense, and would allow some storm runoff to seep into the ground. The underlying dense to weakly -cemented lodgmont till deposit is of extremely low permeability and would perch stormwater infiltrating into the more permeable surficial soils. The amount of and the depth to this perched groundwater would fluctuate seasonally, depending on precipitation, surface runoff, ground vegetation cover, site utilization, and other factors. The perched groundwater may dry up completely during the dryer summer months and accumulate and rise in the wet winter months. The test pits excavated in the heart of winter did not encountered any groundwater. Therefore, it is our opinion that any groundwater encountered under the subject plat site during construction should be minimal and minor even in the winter months of the year. DISCUSSIONS AND RECOMMENDATIONS GENERAL Based on the soil conditions encountered by the test pits excavated on the site, it is our opinion that the site is suitable for the proposed development from the geotechnical engineering viewpoint, provided that the recommendations in this report are fully implemented and observed during construction. Due to moisture -sensitive fine-grained soils mantling the site and the local higher gradient areas within the site, we recommend that grading and foundation construction work for the proposed development be carried out and completed during the dryer period from April 1 through October 31. If grading work has to proceed beyond the above dryer period, the measures for slope stabilization, erosion mitigation, and surface and ground water drainage control recommended in this report should be in place and operational on a daily basis during construction. Surficial unsuitable soils, including topsoil and loose to medium -dense weathered soils mantling the site, should be stripped down to the medium -dense to dense, fresh Kame terrace and/or lodgmont tall soils within the building pads of the lots and the roadways. The underlying fresh LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 7 Kame terrace and/or lodgmont till soils are of high to moderately -high to high strength and are capable of providing adequate foundation support to the proposed residential buildings, roadways and stormwater detention vault. Conventional footing foundations constructed on or into the above competent basal soils may be used to support the proposed residential building and stormwater detention vault. Structural fill, if required for site grading, should be placed on proof -rolled, underlying undisturbed, competent basal soils following the stripping of the surficial unsuitable soils. GEOLOGIC HAZARDS AND REMEDIATIN Landslide Hazard The medium -dense to dense, fresh Kame terrace and lodgmont till soils underlying the site at shallow depth are of moderately -high to high shear strength and have good to excellent resistance against slope failures. Therefore, it is our opinion that the potential for deep-seated landslides to occur on the site should be minimal, provided the recommendations in this report are fully F implemented and complied with during construction. Erosion Hazard The topsoil and loose to medium -dense weathered soils are of low resistance against erosion. Erosion may occur in the weaker surficial soils over the higher gradient areas of the site if they are devoid of vegetation cover and overly saturated. Progressive erosion can lead to shallow, skin -type mudflows in the highex, gradient areas of the site. To mitigate such erosion hazard, vegetation outside of construction limits should be preserved and maintained. Unpaved exposed ground within the site resulted from construction activities should be re -seeded and re -vegetated as soon as possible. Concentrated stormwater should not be discharged uncontrolled onto the ground within the site. Stormwater over impervious surfaces, such as roofs and paved roadways and driveways, should be captured by underground drain line systems connected to roof downspouts or by catch basins installed in paved roadways and driveways. Water collected by these drain line systems should be tightlined to discharge into a storm sewer or a suitable LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 8 stormwater disposal facility. Areas devoid of vegetation cover should be re -seeded and re - vegetated as soon as possible, and should be covered with clear plastic sheets until the vegetation is fully established. Seismic Hazard and Design. Consideration The Puget Sound region is in an active seismic zone. The subject site is underlain at shallow depth by medium -dense to dense, fresh Kame terrace and lodgmont till soils of moderately -high to high shear strength. There is a lack of continuous, extensive, static groundwater table at shallow depth under the site. The combination of the above makes it rather unlikely for seismic hazards, such as landslides, liquefaction or soil lateral spreading, to occur on the site during strong earthquakes. Therefore, the seismic hazard of the site should be minimal. The residential buildings to be constructed on the site, however, should be designed to withstand seismic forces induced by strong earthquakes. Based on the soil conditions encountered by the test pits, it is our opinion that Seismic Use Group I and Site Class D should be used in the seismic design of the proposed residential buildings in accordance with the 2006 International Building Code (IBC). SITE PREPARATION AND GENERAL GRADING Vegetation within construction limits should be cleared and grubbed. Loose surficial soils, including topsoil and loose weathered soils, should be completely stripped down to the medium - dense to dense, fresh Kame terrace and/or lodgmont till soils within the building pads of the proposed residential buildings and roadways. The exposed soils should be compacted to a non - yielding state with a vibratory compactor and proof -rolled with a piece of heavy carthwork equipment. TEMPORARY EROSION CONTROL The onsite surficial soils contain a high percentage of fines, and are sensitive to moisture and can be disturbed easily by construction traffic when saturated. A layer of clean, 2-to-4-inch, quarry LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 9 spalls should be placed over excavated areas and areas of frequent traffic, such as the entrance to the site, as required, to protect the subgrade soils from disturbance by construction traffic. Silt fences should be installed along the downhill sides of construction areas to prevent sediment from being transported onto adjoining properties or streets by storm runoff. The bottom edge of silt fences should be folded inward and ballasted with onsite soils. Ditches or interceptor trench drains should be installed on the uphill sides of construction areas, as required, to intercept and drain away storm runoff and near -surface groundwater seepage. Water captured by such ditches or interceptor trench drains should be discharged into onsite detention/settling ponds or nearby storm inlets. The storm inlets, if into which stormwater is to be to be discharged, should be covered with a filter sock to prevent sediment from entering the storm sewer system. The filter socks should be cleaned frequently during construction to prevent clogging, and should be removed after completion of construction. EXCAVATION AND FILL SLOPES Under no circumstance should excavation slopes be steeper than the limits specified by local, state and federal safety regulations if workers have to perform construction work in excavated areas. Unsupported temporary cuts greater than 4 feet in height should be no steeper than 1 H:1 V in topsoil, loose to medium -dense weathered Kame terrace and ablation till soils, no steeper than 3/4H:1 V in medium -dense to dense Kame terrace deposits and may be vertical in lodgment till soils if the overall depth of excavation is no more than 15 feet. Otherwise, temporary cut in lodgment till should be no steeper than 1/2H:1V. Unsupported permanent cuts should be no steeper than 2H:1 V in topsoil, loose to medium -dense weathered Kame terrace and ablation till soils, no steeper than 1-3/4H:1 V in medium -dense to dense Kame terrace deposits, and no steeper than 1-1/2H:1V in lodgment till soils. A 5-foot-wide level bench should be built into temporary or permanent cut slopes to keep the vertical rise between the benches no more than 15 feet. The soil units into which cut slopes and LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 10 the stability of the cut slopes are to be made should be verified by a geotechnical engineer during excavation. Permanent fill embankments required to support structural or traffic load should be constructed with compacted structural fill placed over undisturbed, proof -rolled, firm, native, fresh Kame terrace and/or lodgment till soils after the surficial unsuitable soils are completely stripped. Permanent fill to be placed over slopes steeper than 15 percent grade should be retained structurally. The exposed ground exceeding 15 percent grade should be benched with vertical steps not exceeding 4 feet tall after stripping of surficial unsuitable soils and prior to placing structural fill. The slope of permanent fill embankments should be no steeper than 2H:IV. Upon completion, the sloping face of permanent fill embankments should be thoroughly compacted to a non -yielding state with a hoe -pack. The above recommended cut and fill slopes are under the assumption that groundwater seepage would not be encountered during construction. if groundwater is encountered, the cut and fill earthwork should be immediately halted and the slope stability re-evaluated. The slopes may have to be flattened and other measures taken to stabilize the slopes. Stormwater should not allowed to flow uncontrolled over cut and fill slopes. Permanent cut slopes or fill embankments should be seeded and vegetated as soon as possible for erosion protection and long-term stability, and should be covered with clear plastic sheets, as required, to protect them from erosion until the vegetation is fully established. STRUCTURAL FILL Structural fill is the fill that supports structural or traffic load. Structural fill should consist of clean granular soils free of organic, debris and other deleterious substances and with particles not larger than three inches. Structural fill should have a moisture content within one percent of its optimum moisture content at the time of placement. The optimum moisture content is the water LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page I I content in the soils that enable the soils to be compacted to the highest dry density for a given compaction effort. Onsite clean silty sand to gravelly sand soils, meeting the above requirements, may be used as structural fill. Imported material to be used as structural fill should be clean, free -draining, granular soils containing no more than 5 percent by weight finer than the No. 200 sieve based on the fraction of the material passing No. 4 sieve, and should have individual particles not larger than three inches. The ground over which structural fill is to be placed should be prepared in accordance with recommendations in the SITE PREPARATION AND GENERAL GRADING and EXCAVATION AND FILL SLOPES sections of this report. Structural fill should be placed in lifts no more than 10 inches thick in its loose state, with each lift compacted to a minimum percentage of the maximum dry density determined by ASTM D 1557 (Modified Proctor Method) as follows: Application Within building pads and under foundations Roadway/driveway subgrade Retaining/foundation wall backfill Utility trench backfill % of Maximum Dry Density 95% 95% for top 3 feet and 90% below 92% 95% for top 4 feet and 90% below STORMWATER DETENTION VAULT An underground concrete detention vault, designed to. supplement infiltration systems, is to be constructed at the northwest corner of the site to store stormwater collected over impervious surfaces of the proposed development of the site. Two test pits (Test Pits 5 and b) were excavated within the footprint of the proposed vault, and these test pits encountered dense LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 12 lodgment till soils and/or medium -dense to dense fresh Kame terrace deposit at depths about 4.0 to 5.0 feet. The vault may be supported on footings founded on these competent basal soils. An allowable soil bearing pressure not exceeding 3,500 psf may be used for the design of the vault footing foundations. A drain line consisting of perforated, rigid PVC, drain pipe or slotted, corrugated ADS, drain pipe, at least 6 inches in diameter, should be installed at a few inches below bottom of the perimeter footings of the vault walls to intercept and drain away groundwater which may flow towards the vault. The drain line should have sufficient slope (0.5% minimum) to generate flow by gravity, and water collected in the drain line should be tightlined to discharge into a storm sewer or a suitable stormwater disposal facility. The vault footing drain line should be completely embedded in washed gravel wrapped in a layer of non -woven filter fabric, such as 140N by Mirafi Inc. or approved equal. A vertical drainage blanket at least 12 inches thick horizontally, consisting of clean 3/4 to 1-1/2-inch washed gravel or crushed rock, should be placed against the perimeter vault walls. The remaining backfill should be constructed of structural fill. Alternatively, a vertical drain mat, such as Miradrain 6000 by Mirafi Inc. or equivalent, may be placed against the perimeter vault walls as the vertical drainage blanket. The vertical drainage blanket or drain mat should be hydraulically connected to the drain line at the base of the vault perimeter walls. Sufficient number of cleanouts at strategic locations should be installed for periodical cleaning of the vault wall drain line to prevent clogging. The perimeter walls of the detention vault would also serve as retaining walls to support cut banks and backfill. The perimeter walls of the vault capped with a lid would be restrained at their top from horizontal movement and should be designed for at -rest lateral soil pressure. For the condition that groundwater behind the perimeter vault walls can be fully drained by the drain line provided at the base of the walls, we recominend an at -rest soil pressure of 50 pcf equivalent fluid density (EFD) be used for the design of vault perimeter walls. To counter the at -rest soil pressure, a passive lateral soil pressure of 375 pcf EFD may be used, except that the passive LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 13 pressure within the top 12 inches of the finish subgrade should be ignored. The above passive pressure assumes the backslope of the walls is level or ascending away from the walls. The at - rest soil pressure may also be resisted by the friction force between the footings and the subgrade soils based on a coefficient of friction of 0.55. If the site grades are such that it is not feasible to completely drain groundwater behind the vault walls with a gravity drain line system, the hydrostatic pressure on the perimeter vault walls should also be taken into consideration for the design of the vault perimeter walls. For the condition that a perimeter drain line has to be placed higher than the footing level, the perimeter vault walls should be designed for a lateral soils pressure of 50 pcf EFD above the drain line level and a combined lateral soil and hydrostatic pressure of 80 pcf EFD below the drain line level. The above lateral pressures on the walls may be countered by a passive soil pressure of 375 pcf EFD above the drain line and 210 pcf EFD below. The detention vault should also be designed for seismic loading based on a 100-year seismic event. For seismic design of the detention vault walls, a pseudo static soil pressure diagram of inverted triangle from the finished ground level to the bottom of the foundations should be used. Based on the soil conditions in the detention vault area, we recommend the lateral soil pressure at the top of the triangle be 8H psf for a 100-year seismic event, where H is the height from finish grade over top of the vault to bottom of footings in feet. A one-third increase in the above recommended allowable soil bearing pressure may be used when considering the seismic loading condition. The above design parameters are unfactored ultimate values. Proper factors of safety should be applied for the design of the vault walls against sliding and overturning failures. PAVED ROADWAYS AND DRIVEWAYS LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 14 Performance of roadway and driveway pavement is critically related to the conditions of the underlying subgrade soils. We recommend that the subgrade soils under the roadways/driveways be treated and prepared as described in the SITE PREPARATION AND GENERAL EARTHWORK section of this report. Prior to placing base material, the subgrade soils should be compacted to a non -yielding state with a vibratory roller compactor and proof. -rolled with a piece of heavy construction equipment, such as a fully -loaded dump truck. Any areas with excessive flexing or pumping should be over -excavated and re -compacted or replaced with structural fill or crushed rock placed and compacted in accordance with the recommendations provided in the STRUCTURAL FILL section of this report. We recommend that a layer of compacted, 7/8-inch crushed rock base (CRB), be placed for the roadways/driveways. This crushed rock base should be at least 6 inches for the public roadways and 4 inches for the private driveways. The crushed rock base should be overlain with a 3-inch asphalt treated base (ATB) topped by a 2-inch-thick Class B asphalt concrete (AC) surficial course for public roadways and overlain by a 3-inch-thick Class B asphalt concrete (AC) surficial course for the private driveways. BUILDING SETBACK The purpose of building setback from the top or toe or an overly steep portion of a slope is to establish a safe buffer such that if a slope failure should occur the stability of the structure can be maintained and damages to the structure minimized. In general, the greater the setback, the lower the risk for the structure to sustain damages from a slope failure. To maintain stability, the residential buildings to be constructed on the site should be sufficiently setback from the top or toe of slopes of 40% gradient or more. We recommend the buildings be set back at least 15 feet from top or toe of slopes with grades 40% or more. If footing foundations are used to support the new residences of future development, the footing foundations should be embedded at least one foot into the underlying, medium -dense to dense, LILT & ASSOCIATES, INC. l,ebruary 20, 2009 Wilson Plat L&A Job No. 9A006 Page 15 fresh Kame terrace or lodgment till soils. If the buildings are to be constructed on the slopes with grades 40% or more, the footing foundations should be extended downward to such elevation that the horizontal distance from the edge of footings to the face of slopes should be at least 15 feet, and that a plane drawn from the edge of footings to the toe of slopes of 40% or more gradient should be no steeper than 2.5H: IV. BUILDING FOUNDATIONS Conventional footing foundations may be used to support the residential buildings to be constructed on the site. The footing foundations should be placed on or into the underlying, medium -dense to dense, fresh Kame terrace or lodgmont soils, or on structural fill placed over these undisturbed competent basal soils. Water should not be allowed to accumulate in excavated footing trenches. Disturbed soils in footing trenches should be completely removed down to undisturbed, competent basal soils and the basal soils should be thoroughly compacted to a non -yielding state with a vibratory mechanical compactor prior to pouring concrete for the footings. If the above recommendations are followed, our recommended design criteria for footing foundations are as follows: • The allowable soil bearing pressure for design of footing foundations, including dead and live loads, should be no greater than 3,000 psf if constructed on or into native, undisturbed, competent basal soils, and no greater than 2,500 psf if constructed on structural fill placed over competent basal soils. The footing bearing soils should be verified by a geotechnical engineer after the footing trenches are excavated and before the footings poured. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L.&A Job No. 9AO06 Page 16 • The minimum depth to bottom of perimeter footings below adjacent final exterior grade should be no less than 18 inches. The minimum depth to bottom of the interior footings below top of floor slab should be no less than 12 inches. • The minimum width should be no less than 16 inches for continuous footings, and no less than 24 inches for individual footings, except those footings supporting light -weight decks or porches. A one-third increase in the above recommended allowable soil bearing pressure may be used when considering short-term, transitory, wind or seismic loads. For footing foundations designed and constructed per recommendations above, we estimate that the maximum total post - construction settlement of the buildings should be 3/4 inch or less and the differential settlement across building width should be 1 /2 inch or less. Lateral loads on the proposed residential buildings may be resisted by the friction force between the foundations and the subgrade soils or the passive earth pressure acting on the below -grade portion of the foundations. For the latter, the foundations must be poured "neat" against undisturbed soils or backfilled with a clean, free -draining, compacted structural fill. We recommend that an equivalent fluid density (EFD) of 325 pef (pounds per cubic foot) for the passive earth pressure be used for lateral resistance. The above passive pressure assumes that the backfill is level or inclines upward away from the foundations for a horizontal distance at least 1.5 times the depth of the foundations below the final grade. A coefficient of friction of 0.55 between the foundations and the subgrade soils may be used. The above soil parameters are unfactored values, and a proper factor of safety should be used in calculating the resisting forces against lateral loads on the new garage. SLAB -ON -GRADE FLOORS Slab -on -grade floors, if used for the residential buildings to be constructed on the site, should be placed on firm subgrade soils prepared as outlined in the SITE PREPARATION AND LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 17 GENERAL EARTHWORK and the STRUCTURAL FILL sections of this report. Where moisture control is critical, the slab -on -grade floors should be placed on a capillary break which is in turn placed on the compacted subgrade. The capillary break should consist of a minimum four -inch -thick layer of clean, free -draining, 7/8-inch crushed rock, containing no more than 5 percent by weight passing the No. 4 sieve. A vapor barrier, such as a 6-mil plastic membrane, may be placed over the capillary break, as required, to keep moisture from migrating upwards. BASEMENT AND CIP CONCRETE RETAINING WALLS Building basement walls would be required to support backfill. Cast -in -place concrete walls may be used to retain fill embankments along the west and part of the south boundaries of the site. Basement walls restrained horizontally at the top are considered unyielding and should be designed for a lateral soil pressure under the at -rest condition; while cast -in -place concrete retaining walls free to move at the top should be designed for active lateral soil pressure. We recommend that a lateral soil pressure of 55 pcf EFD be used for the design of basement walls restrained at the top; and 40 pcf EFD for retaining walls unrestrained at the top. These lateral soils pressures are applicable to walls with level backslope. With a backslope rising away from the walls, an additional pressure of 0.75 pcf per degree of angle of the backslope above horizontal should be added to the above pressures. To counter the active soil or at -rest pressure, a passive lateral soil pressure of 300 pcf EFD may be used, except that the passive pressure within the top 12 inches of the finish subgrade should be ignored. The above passive pressure is applicable to walls with level backslope. The above lateral soil pressures are under the assumption that groundwater behind the walls is fully drained. To resist against sliding, the friction force between the footings and the subgrade soils may be calculated based on a coefficient of friction of 0.55. The above soil parameters are ultimate values, and proper factors of safety should be used in the design of the basement and retaining walls against sliding and overturning failures. Basement walls or retaining walls may be supported on footing foundations seated on or into the underlying, medium -dense to dense, fresh Kame terrace or lodgment till soils, with an allowable soil bearing pressure not to exceed 3,000 psf. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 18 A drain line consisting of perforated, rigid PVC, drain pipe or slotted, corrugated ADS, drain pipe, at least 4 inches in diameter, should be installed at a few inches below bottom of basement or retaining walls to intercept and drain away groundwater flowing towards the walls. The drain lines should have sufficient slope (0.5 percent minimum) to generate flow by gravity, and water collected in the drain line should be tightlined to discharge into a storm sewer or a suitable stormwater disposal facility. The drain lines should be completely embedded in washed gravel wrapped in a layer of non -woven filter fabric, such as 140N by Mirafi Inc. or approved equal. A vertical drainage blanket at least 12 inches thick, consisting of clean, 3/4 to 1-1/2-inch, washed gravel or crushed rock, should be placed against the walls. Alternatively, a vertical drain mat, such as Miradrain 6000 by Mirafi Inc. or equivalent, may be placed against the walls as the vertical drainage blanket. The vertical drainage blanket or drain mat should be hydraulically connected to the drain lines at the base of the perimeter walls. ROCKERY WALLS General Rockery walls may be used to line the cut banks along the east boundary of the site. Rockery by nature is not an engineered retaining wall, such as a reinforced concrete wall. Although a rockery wall can provide some degree of retention capability, its main function is to serve as a protective facing to retard weathering and erosion process to the earth bank behind the rockery. To achieve a satisfactory rockery wall, the earth bank behind the wall must be stable by itself on a long-term basis. In addition, the rockery wall should be constructed in a proper way to assure long-term stability of the cut bank or fill embankment. The medium -dense to dense, fresh Kame terrace and/or lodgment till deposit underlying the site at shallow depth is of moderately -high to high shear strength. It is our opinion that cut banks in these soil deposits will be able to maintain long-term stability if lined by properly constructed rockery. Our design of rockery walls lining cut banks in these competent deposits is shown on Plate 8 attached hereto. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 19 Rockery Material and Construction Rock material used for rockery construction should be hard, well -cemented, sound, durable and free of cracks, fissures, joints, air holes and other defects. Construction of rockery walls should be in compliance with the Standard Rockery Construction Guidelines published by the Association of the Rockery Contractors. Subgrade and Keyway Trench Preparation Construction of the rockery walls should start immediately following completion of cut banks and keyway trenches. The keyway trenches should be cut into medium -dense to dense, fresh Kame terrace and/or lodgment till soils capable of rendering an allowable bearing capacity of at least 3,000 psf. The keyway trenches should be at least 12 inches deep below the finish grade in front of the rockery wall and should be wide enough such that the heel of the keyway trenches would be at least 12 inches from the back of the base -course facial stones. Keyway trenches should be free of loose disturbed soils or standing water and the exposed soils at bottom of keyway trenches should be compacted to a non -yielding state with a vibratory mechanical compactor prior to rockery installation. Groundwater Drainage Control A drain line should be placed in the keyway trenches behind the base -course facial stones to collect and drain away groundwater flowing toward the rockery walls. The drain lines should consist of minimum 6-inch, perforated, rigid, PVC pipes, wrapped in a filter fabric sock. The bottom of the keyway trench and the drain line should have sufficient slope (0.5 percent minimum) to generate flow by gravity. Water collected in the drain lines should be tightlined to discharge into a storm sewer or a suitable stormwater disposal facility. Facial Stones Facial stones of the rockery walls should be as nearly rectangular as possible with the long dimension of the stones placed perpendicular to the wall alignment. Facial stones should be LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 20 stacked tightly against one another to minimize voids between the stones. Excessive openings between the facial stones should be chinked with smaller rock from behind. The rockery walls should be constructed such that the facial stones of each successive course would be staggered over and firmly supported on stones of the previous course. Facial stones of the rockery walls should be tilted back at an inclination no steeper than 6V:1H. Drain Rock Course A drain rock course, consisting of 2-to-4-inch rock spalls, should be installed between the facial stones and the cut bank in lifts as each course of the facial stones is completed. The horizontal thickness of the drain rock course should be at least 12 inches. The purpose of the drain rock course is to retain soils in place while allowing groundwater to bleed out. PRECAST CONCRETE BLOCK WALLS General Precast concrete block walls may be used to support fill embankments to be constructed along the west and part of the south boundaries of the site. These walls may be constructed with commercially available precast concrete blocks, such as by Keystone, Lock Block or Redi Rock. Loose topsoil and loose to medium -dense weathered soils within the keyway trenches of the walls should be over -excavated down to medium -dense to dense, fresh Kame terrace and/or lodgment till soils. The block walls should be constructed with geogrid mesh reinforcement anchored to the block walls and embedded in the wall backfill. The wall should be founded on a minimum 4-inch layer, 7/8-inch crushed rock, leveling base, placed over firm undisturbed bearing soils capable of rendering an allowable bearing capacity of at least 3,000 psf. A vertical drainage blanket should be placed against the back of the concrete block facing and hydraulically connected to the drain lines at the base of the walls. The remaining wall backfill behind the vertical drainage blanket should consist of compacted structural fill consisting of clean granular soils. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 21 Design Soil Parameters We recommend that the precast concrete block walls to be constructed to support fill embankments be designed for a fully drained condition in accordance with the following soil perimeters: Reinforced Retained Foundation Leveling Soils Soils Soils Rock Base Unit Weight, r, pcf 130 120 135 135 Angle of Internal Friction, 36 33 36 40 0, degrees Cohesion, c, psf 0 0 0 0 The block walls should be designed for a minimum factor of 1.5 against sliding failure and 1.7 against overturning failure under the static loading condition. The Puget Sound region is in an active seismic zone and the block walls should also be designed under the seismic loading condition for a 100-year seismic event. The peak ground acceleration is about 0.3g (g = gravity force) for such an event in the Puget Sound region. The block walls, however, are built with interlocking concrete blocks with relatively high flexibility, and the blocks do not move in unison during earthquakes. Therefore, for design of the block wall under the seismic loading condition, the ground acceleration may be reduced to 0.29. The block walls should designed for a factor of safety of at least 1.15 against sliding and overturning failures under the seismic loading condition. Heavy equipment or material storage should not be allowed within 10 feet of the block walls; otherwise, the walls should be designed for 250 psf of uniform load. Construction of Precast Concrete Black Walls Vegetation within construction limits of the block walls and its backfill should be cleared and roots thoroughly grubbed. Unsuitable surficial soils, such as topsoil and loose to medium -dense weathered sand soils within the block walls and backf ll footprint should be stripped down to the LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 22 medium -dense to dense, fresh Kame terrace and/or lodgment till soils. Over -excavation down to these competent nasal soils should be backfilled with structural fill. The keyway trench for the block walls should be cut into native, undisturbed, medium -dense to dense, fresh Kame terrace and/or lodgment till soils, capable of rendering an allowable bearing pressure of at least 3,000 psf. The soils exposed at bottom of the keyway trench should be compacted to a non -yielding state with a vibratory compactor. A minimum 4-inch layer of 7/8- inch-minus crushed rock leveling base, compacted to a non -yielding state, should be placed over firm subgrade soils supporting the block walls. The base -course blocks are to be placed on this crushed rock base with an embedment at least 10 inches below the adjacent finish grade in front of the block wall. The precast concrete blocks should be stacked tightly against one another. A minimum 6-inch perforated, rigid, PVC drain line fitted in a non -woven filter fabric sock should be laid in the keyway trenches behind the base -course blocks. The bottom of keyway trenches and the drain line should have sufficient slope (0.5 percent minimum) to generate flow by gravity. The drain pipes should be tightlined to discharge into a storm sewer or a suitable stormwater disposal facility. A minimum 10-inch-thick (horizontally) vertical drainage blanket, constructed of clean % to 1-1/2-inch washed gravel crushed rock, should be placed against the back of the block wall facing. The vertical drainage blankets should be hydraulically connected to the drain lines at the base behind the block walls. The wall backfill behind the vertical drainage blankets should consist of structural fill. The vertical drainage blanket and structural fill should be constructed in lifts after each course of blocks is completed. Each layer of geogrid mesh should be laid on level backfill surface, with one end securely anchored between two rows of concrete blocks, stretched tight, and the other end staked down prior to the placement of the next lift of wail backfill. Overlaps of geogrid mesh in the direction of the wall alignments should be at least 12 inches, overlaps in the direction perpendicular to the wall alignments should not be allowed. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 23 DRAINAGE CONTROL Onsite Stormwater Disposal The moderately -sloped mid -section and the low-lying western portion of the subject plat site are underlain by fresh Kame terrace deposit of clean, gravelly, fine to medium sand deposit and infiltration of stormwater into this soil stratum is feasible for the residential buildings to be constructed in these areas. The impervious lodgmont till deposit, however, was found underlying "Tract A", located at the northwest corner of the site, at a depth as less as 5 feet below the existing grade. Therefore, we do not recommend a concentrated infiltration facility in "Tract A" to dispose a large amount of stormwater into the ground. This is because the large amount of concentrated disposed stormwater in this tract may increase the potential of groundwater seepage downhill off the subject site where the lodgmont till may be exposed or near the ground surface. Increased groundwater seepage may elevate the possibility of erosion, sloughing and landlside. Appendix C Small Project Drainage Requirements, of the King County, Washington Surface Water Design Manual, January 24, 2005, allows stormwater collected on 2,000 or more but not more than 10,000 square feet of impervious surfaces of small residential projects to be disposed onsite with infiltration or dispersion method. The "full infiltration" method specified in Section C.2.2 — Full Infiltration of the above design manual can be used on sites underlain by medium sand or coarse sand or gravel and cobble. The moderately -sloped mid -section and the low-lying western portion of the subject plat site are underlain by fresh Kame terrace deposit of clean gravelly, fine to medium sand deposit and are qualified for using Full Infiltration method to dispose stormwater for the residential buildings in these areas. According to the above design manual, infiltration trenches installed into clean gravelly sand soils should be designed to be at least 30 feet long for every 1000 s.f, of impervious surface served (with a 2-foot-wide trench). The length of infiltration trenches may be shortened proportionally with increased trench width. LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 24 The infiltration trenches should be set back at least 10 feet from adjacent buildings and 5 feet from property lines. The schematic presentation of an infiltration trench with a single dispersion pipe to serve the residential buildings is shown on Plate 9. The infiltration trenches should be at least 24 inches wide. The bottom of infiltration trenches should be excavated at least 6 inches into the underlying clean, fresh, gravelly sand Kame terrace deposit. The side walls of the trenches should be lined with a layer of non -woven filter fabric. The trench is then filled with clean 3/4 to 1-1/2-inch washed gravel or crushed rock to within about 8 inches of the finish grade. The dispersion pipes should be constructed of 4-inch rigid or 6-inch flexible perforated PVC pipes and laid level in the gravel or crushed rock filled trenches at about 16 inches below the top of trenches. The top of the gravel or crushed rock fill should also be covered with the filter fabric liner. The remaining trench should then be filled with compacted on -site soils. Stormwater captured over impervious surfaces should be routed into a sediment control structure/oil-water separator structure before being released into the infiltration trenches. Building Footprint Excavation Building footprint excavation for the proposed residential buildings, if encountering groundwater seepage, should have the bottom of excavation sloped and ditches excavated along bases of the cut banks to direct collected groundwater into sump pits from which water can be pumped out. A layer of 2-inch crushed rock should be placed over footing bearing subgrade soils, as required, to protect the soils from disturbance by construction traffic. This crushed rock base should be built to a few inches above groundwater level, but not less than 6 inches thick. The crush rock base should be compacted in 12-inch lifts to a non -yielding state with a vibratory mechanical compactor. Runoff over Impervious Surfaces Storm runoff over impervious surfaces, such as roofs and paved roadways/driveways, should be collected by underground drain line systems connected to downspouts and by catch basins LIU & ASSOCIATES, INC. February 20, 2009 Wilson Plat L&A Job No. 9A006 Page 25 installed in paved roadways/driveways. Stormwater thus collected should be tightlined to discharge into a storm sewer or suitable stormwater disposal facilities. Building Footing Drains A subdrain should be installed, around the perimeter footings of each of the residential buildings. The subdrains should consist of a 4-inch-minimum-diameter, perforated, rigid, drain pipe, laid a few inches below bottom of the perimeter footings of the buildings. The trenches and the drain lines should have a sufficient gradient (0.5% minimum) to generate flow by gravity. The drain lines should be wrapped in a non -woven filter fabric sock and completely enclosed in clean washed gravel. The remaining trenches may be backfilled with clean onsite soils. Water collected by the perimeter footing subdrain systems should be tightlined, separately from the roof and surface stormwater drain lines, to discharge into a storm sewer or suitable stormwater disposal facility. Surface Drainage Water should not be allowed to stand in any areas where footings, on -grade slabs, or pavement is to be constructed. Finish ground surface should be graded to direct surface runoff away from the residential buildings. We recommend the finish ground be sloped at a gradient of 3 percent minimum for a distance of at least 10 feet away from the buildings, except in the areas to be paved. Cleanouts Sufficient number of cleanouts at strategic locations should be provided for underground drain lines. The underground drain lines should be cleaned and maintained periodically to prevent clogging. LIU & ASSOCIATES, INC. ' I # February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 26 RISK EVALUATION STATEMENT The subject site is underlain at shallow depth by medium -dense to dense Kame terraec and/or lodgmont till soils. These soils are of moderately -high to high shear strength and groundwater was not eiucvunte ed by thetest pits ,excavated'on the side 2herefaze the ,site should be quite stable. The key to maintain site stability during and after completion of construction is to have proper and adequate erosion and drainage controls. It is our judgment that provided the recommendations in this report are fully implemented and observed during construction, the areas disturbed by construction will be stabilized and will not increase the potential for soil movement. In our opinion, the risk of damage to the proposed development and from the development to adjacent properties due to soil instability should be minimal. LIMITATIONS This report has been prepared for the specific application to this project for the exclusive use by Mr. Robed Wilson `ad ;his associates, consultants and contractors. We recommend that this report, in its entirety, be included in the project contract documents for the information of the prospective contractors for their estimating and bidding purposes and for compliance with the recommendations in this report during construction. The conclusions and interpretations in this report, however, should not be construed as a warranty of the subsurface conditions. The scope of this study does not include services related to construction safety precautions and our recommendations are not intended to direct the contractor's methods, techniques, sequences or procedures, except as specifically described in this report for design considerations. Our recommendations and conclusions are based on the geologic and soil conditions encountered in the test pits, and our experience and engineering judgment. The conclusions and recommendations are professional opinions derived in a manner consistent with the level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. No warranty, expressed or implied, is made. LIU & ASSOCIATES, INC. t February 20, 2009 Wilson Plat L&A Job No. 9AO06 Page 27 The actual subsurface conditions of the site may vary from those encountered by the test pits excavated on the site. The nature and extent of such variations may not become evident until construction starts. If variations appear then, we should be retained to re-evaluate the recommendations of this report, and to verify or modify thern in writing prior to proceeding further with the construction of the proposed development of the site. CLOSURE We are pleased to be of service to you on this project. Please feel free to call us if you have any questions regarding this report or need further consultation. Nine plates attached Yours very truly, LIU & ASSOCIATES, INC. J. S. (Julian) Liu, MD., P.E. Consulting Geotechnical Engineer LIU & ASSOCIATES, INC. WILSON PARK PLAT TRAFFIC IMPACT ANALYSIS CITY OF RENTON Prepared for Mr. Robert Wilson 21703 601" St. E. Lake Tapps, WA 98391 Prepared by ?717qff4FX . TRAFF-IC EXP-Rr.5 11410 N E 124" St., #590 Kirkland, Washington 98034 Telephone: 425.522.4118 Fax: 425.522.4311 June 23, 2009 rraffzmy June 23, 2009 Mr. Robert Wilson 21703 601h St. E. Lake Tapps, WA 98391 Re: Wilson Park Short Plat - City of Renton Traffic Impact Analysis Dear Mr. Wilson: N©RTH- _ . T TRAFFIC jEXPERTS 42=-.522 4' 19 Fax: 42 .522 4311 We are pleased to present this traffic impact analysis report for the proposed 14 lot Wilson Park Residential short plat located at the 720 S. 55th St. in the City of Renton. The scope of this analysis is based upon the preliminary plat site plan, the City of Renton Policy Guidelines for Traffic Impact Analysis_for New Development, and conversations with City Renton staff. Our summary, conclusions and recommendations begin on page seven of this report. PROJECT DESCRIPTION Figure 1 is a vicinity map showing the location of the site and study area. Figure 2 is a close in area map showing the site location and surrounding street network. Figure 3 shows the preliminary site plan. The primary access street runs from the southwest corner of the site to S 55th St. through a 50 ft. wide easement on the parcel adjacent to the south side of the site. The primary access from S. 55th St. to the site is 28 ft. wide with a sidewalk on the west side of the street. A secondary gated emergency vehicle access connects to S 55th St. though a 30 ft. easement. Streets within the site will be 32 ft. wide with a sidewalk on one side. The primary site access street is located on the outside of a horizontal curve on S 55th St. to optimize sight distance in both east and west directions for vehicles exiting the site. Page 1 rra Development of the Wilson Park plat is expected to occur by the year 2011. Therefore, for purposes of this study, 2011 is used as the horizon year for this study. An existing single family home within the project site will be removed with this development. TRIP GENERATION AND DISTRIBUTION The 14 single-family units in the proposed Wilson Park Plat are expected to generate the vehicular trips during an average weekday and during the street traffic peak hours as shown below: Time Period Trip Rate Trips Trips Total Trips per unit Entering Exiting 67 67 Average Weekday 9.57 134 50% 50% AM Peak Hour 0.75 26% 7 8 11 PM Peak Hour 1.01 63% 3 5 14 A vehicle trip is defined as a single or one direction vehicle movement with either the origin or destination (exiting or entering) inside the study site. The trip generation is calculated using the average trip rates in the Institute of Transportation Engineers (ITE) Trip Generation, Eighth Edition, for Single Family Detached Housing (ITE Land Use Code 210). These trip generation values account for all site trips made by all vehicles for all purposes, including resident, visitor, and service and delivery vehicle trips. Figure 4 shows the estimated trip distribution and the calculated site -generated traffic volumes. The distribution is based on existing traffic volume patterns, the characteristics of the road network, the location of likely trip origins and destinations (employment, shopping, social and recreational opportunities), expected travel times, and previous traffic studies. Page 2 Wilson Park rraffmy EXISTING PHYSICAL CONDITIONS Street Facilities Figure 5 shows existing traffic control, number of street lanes and other pertinent information. The streets in the study area are classified per the City of Renton Comprehensive Plan as follows: Talbot Rd. S Collector Arterial S 55th St. Local Access 98th Ave S Local access 98th PI. S Local access 102" d Ave S Local access S 55th St. consists of two 11 ft. lanes and a shoulder that varies in width from approximately two to four feet in the vicinity of the project site. A section of S 551h St. east of the project site consists of several sharp curves and is posted with a 15 mph advisory speed sign and with chevron arrows at each curve within the section. There is a left turn pocket on S 55th St. at 98th Ave. S, approximately 125 ft. west of the Wilson Park site access street. EXISTING TRAFFIC CONDITIONS Traffic Volumes Figure 6 shows existing, future without project and future with project PM peak hour traffic volumes at the proposed site access street/S 55th St. intersection. The proposal generates less than 30 PM peak hour trips and no other intersection or street segment in the City of Renton will experience an increase of 5% in traffic volumes due to this development. Therefore, only the site access street/S 55th St. intersection requires a level of service (LOS) analysis per the City of Renton Policy Guidelines for Traffic Impact Analysis for New Development, A PM peak hour traffic count was performed on Tuesday, June 16, 2009 and is included in the Technical Appendix. Level of Service Analysis Level of Service (LOS) is a qualitative measure describing operational conditions within a traffic flow, and the perception of these conditions by drivers or passengers. These conditions include factors such as speed, delay, travel time, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. Levels of service are given letter designations, from A to F, with LOS A representing the best operating conditions (free flow, little delay) and LOS F the worst (congestion, long delays). Page 3 Wilson Park ifaffmy Generally, LOS A and B are high, LOS C and D are moderate and LOS E and F are low. Table 1 shows calculated level of service (LOS) for future conditions including project traffic at the pertinent street intersection. The LOS was calculated using the procedures in the Transportation Research Board Highway Capacity Manual 2000. The LOS shown indicates overall intersection operation. At intersections, LOS is determined by the calculated average control delay per vehicle. The LOS and corresponding average control delay in seconds are as follows: TYPE OF INTERSECTION A B C D E F < >10.0 and >20.0 and >35.0 and >55.0 and >80. Signalized 10. <20.0 <35.0 <55.0 <80.0 0 0 — — — — Stop Sign Control <1 >10 and <15 >15 and <25 >25 and <35 >35 and <50 >50 Accident History Historical accident data for the section of S. 551h St. between the intersections 98th Ave. S and 991h Pl S was obtained from the City of Renton. A total of 4 accidents occurred from January 1, 2004 through December 31St 2008. Three accidents occurred on the street section between the intersections, one accident occurred at 99th Pi S and no accidents occurred at 98th Ave. South. Two of the accidents were injury type accidents with one being a fatality. The fatality was a single vehicle travelling in the westbound direction approximately 319 ft west of 99th PI. South. None of the accidents occurred at the curve on S. 55th St. where the site access street is proposed to be located. Based on the field review and historical accident data there are no readily apparent safety issues that should result from the proposed development. The historical accident data is included in the technical appendix. FUTURE TRAFFIC CONDITIONS WITHOUT THE PROJECT Figure 6 shows projected 2011 PM peak hour traffic volumes without the project. These volumes include the existing traffic volume counts plus background traffic growth. The background growth factor accounts for traffic volumes generated from other approved but unbuilt subdivisions and general growth in traffic traveling through the area. A 3% per year annual background growth rate was added for each year of the two year time period from the 2009 traffic count to the 2011 horizon year of the Page 4 Wilson Park rraffm, proposal. Cit� of Renton historical traffic count data supports the 3% per year growth rate on S. 55t Street. FUTURE TRAFFIC CONDITIONS WITH PROJECT Figure 6 shows the projected future 2011 PM peak hour traffic volumes with the proposed project. The site -generated PM peak hour traffic volumes shown on Figure 4 were added to the projected future without project volumes to obtain the future with project volumes. Table 1 shows calculated LOS for future with project volumes at the Wilson Park site access street/S. 55th St. intersection. The study intersection operates at an excellent LOS A for future 2011 conditions including project -generated traffic. SIGHT DISTANCE EVALUATION Sight distance on S 551h St. is excellent looking to the west from the proposed site access street and extends approximately 785 ft. to Talbot Rd. South. Sight distance to the east is limited by a horizontal curve on S 55th Street. This curve has a posted advisory speed of 15 mph. In evaluating sight distance, the generally accepted rule is to add 5 mph to the posted speed to determine the design speed of the street. Sight distance requirements looking to the east from the Wilson Park site access street are therefore based on a 20 mph design speed for the horizontal curve on S 55th Street. Intersection sight distances and stopping sight distances were measured and compared to City requirements at the Wilson Park site access street/ S 55th St. intersection. City of Renton is requirements are based on current AASHTO "Geometric Design of Highways and Streets" standards. Intersection Siaht Distance AASHTO standards for a 20 mph design speed require an intersection sight distance of 145 ft. looking to the left (east) from the site access street (using an eye height of 3.5 ft. and a vehicle height of 4.25 ft.). Attached in the technical appendix are Exhibits 9-55 and 9-58 showing the current AASHTO standards for intersection sight distance. A right turning vehicle exiting from the side street is required to enter the westbound lane and accelerate to 85% of the design speed so as not to interfere with the traffic flow. The field measured intersection sight distance looking to left (east) from the site access street is 215 ft. thus exceeding the AASHTO required 145 feet. Intersection sight distance looking to the right from the site access street is excellent and extends all the way to Talbot Rd. S at approximately 785 ft. Page 5 Wilson Park r affmi Stopping Sight Distance Stopping sight distance is the distance traveled while the vehicle driver perceives a situation requiring a stop, realizes that stopping is necessary, applies the brake, and comes to a stop. A stopping sight distance of 115 ft. is required for a 20 mph design speed (using an eye height of 3.5 ft. and an object height of 2 ft.). Attached in the technical appendix is Exhibit 3-1 showing the current AASHTO standards for stopping sight distance. There is an approximate 10% downgrade in the westbound direction on S 551h Street. The required stopping sight distance is therefore increased an additional 40 ft. to account for a 10% downgrade with a 20 mph design speed. The required westbound stopping sight distance therefore is 115 + 40 = 155 feet. The field measured westbound stopping sight distance is 197 ft. thus exceeding the required 155 feet. Stopping sight distance for eastbound vehicles on S. 55th St. is excellent and extends from Talbot Rd. S. approximately 785 feet to the site access street. The City of Renton AASHTO based intersection and stopping sight distance requirements are met at the Wilson Park site access street/ S 55th St. intersection in both the east and west directions. TRAFFIC MITIGATION REQUIREMENTS The City of Renton requires a Transportation Mitigation Fee payment of $75 per new daily trip attributed to new development. One existing single family home on site will be removed with this development resulting in a net increase of 13 single family homes. The net new daily trips due to this development are 124 trips (13units x 9.57 daily trips per unit). The estimated Transportation Mitigation Impact Fee is $9,300 (124 daily trips X $75 per daily trip). Page 6 Wilson Park Traffay SUMMARY, CONCLUSIONS AND RECOMMENDATIONS We recommend that the Wilson Park Plat be constructed as shown on the site plan with the following traffic impact mitigation measures: • Construct the street improvements including curb, gutter and sidewalk for site access street and internal site streets as shown on the site plan. • Contribute the approximately $9,300 Transportation Mitigation fee to the City of Renton. No other traffic mitigation should be necessary. If you have any questions, please call 425-522-4118. You may also contact us via e-mail at vinceCa?nwtraffex.com or larrygnwtraffex.com. Very truly yours, F Vincent J. Geglia Principal TraffEx ;o �r �r Z3- Larry D. Hobbs, P.E. Principal TraffEx Page 7 TABLE 1 PM PEAK HOUR LEVEL OF SERVICE SUMMARY WILSON PARK PLAT TRAFFIC IMPACT ANALYSIS INTERSECTION EXISTING 2009 WITHOUT 2011 WITH PROJECT PROJECT Site Access StIS 55kh St. NA NA SB (A 9.9) Number shown is the average control delay in seconds per vehicle for the worst approach or movement which determines the LOS for an unsignalized intersection per the Transportation Research Board Highway Capacity Manual 2000 (XX) LOS and average control delay for the worst approach or movement at an unsignalized intersection (SB) southbound approach Page 8 Wilson Park Plat - City of Renton Vicinity Map Figure 1 Traff ►r �° ! NORTHWEST ice' • �, r s ... • 10-f,4 FF1C F- A 7 S �I� t.+ k •,,��z33 71 PY x . r ? A L 41 Veto ta•x . Ar' . --"ak F � : �' • F *�,r t.�,' � ice:- 16 4. 17 R-6 R -7mow ' '� '� ,t Fehr. �! � j•Ai'1� "!r- s _# +j Wilson Park Plat - City of Renton Area Map Figure 2 �I fW h199Ya£uno, 16 /'�1r1`�'I 13 12 1f a 10 — ' I I �q J QQ �� R �'l,00 ,9 v, e0.00' al.3J'• pf i l C \. 4,i�0 Sa wC w 15'G, -. _ j I I s,ase tan - ____ __ _.__�. .. .. +' a fi�J -gyp• ; e.3?sale I, vnssw�e wr.u. t".r.x I CC 55 a '� 3, ,5 'j W4, \ _ / kJ l � •_ LY Ff 1 -' i 1` ALL 0 OW N' OW A. a (on .MOM opm AD a ram Wilson Park Plat - City of Renton Site Plan Figure 3 65% t q2,4 :; 51 S 5)K �, 3. 79% —3 S N51 -f :iT 4 -► t 14% T J 1. 7� 2 � 0-0 0 J iSEh St rra ff IV OR THWEST TPA F-FIG' EXPE-R T.S y. F-iCT=1 Sr y 19)T,4 3T 7% +7 G1% .-- 3 4 14% �- 3 x. 1414:� ST 4 i PM Peak Hour Traffic Volume Enter 9 Exit 5 Total 14 Legend 15% Percentage of Project Traffic 3 PM Peak Hour Traffic Volume Wilson Park Plat- City of Renton Figure PM Peak Hour Trip Generation and Distribution 4 rrd? ff 7—RAFFEfC EXPERTS � EE. 121T=I FT Y yr.. i9)T,4 yT d] Q u) 4J Q [� E co E 15 c N N M 2 Lanes 2 Lanes '�•�:: sr � s lsr:, �3T — 15 mph — 2 Lanes :� I, � ST � 25 mph — — 25 mph a) L ig d SO � C1 E n @ E J U-) CV CV CV L[7 {' x r.� r3 Legend 2 Lanes Number of travel lanes 25 mph Speed Limit Stop Sign Control 15 Advisory Speed Sign Wilson Park Plat - City of Renton Figure Existing Conditions 5 1 A2H4 -' S i s 5TZ�; �-. S 55T:I ST S !?i47 ST Existing J � 0, 0 466-(D-121 ite Access/ S 55th St rraff IVORTHWE.ET ' TRA F FYC ExPE-p i-.s Si i4ff,1 ST 1 1 �) V;QN s :.T rn f h� I 'r Future Without Project CD l 0"J 0 494-@-128 to Access! S 55th St. Future With Project 7�J �; 2 494 - 128 to Access/ S 55th St Wilson Park Plat - City of Renton Figure PM Peak Hour Volumes for Existing and Future Conditions 6 TECHNICAL APPENDIX Prepare_ .or: NW Traffex )La Traffic Count Consultants, Inc. Phanc: (425) 861-8866 FAX: (425) 861-8877 L-Mail; ('Uinc@aol.cnm Intersection: 98th Ave S Q S 55th St Location: Renton WBE/DBE Date of Count: Checked By: Tues 6N6109 LBP Time Interval From North on (SB) 98th Ave S From South on (NB) 98th Ave S From East on (WB) S 5th St From West on (EB) S 5th St Interval Total Endin at T L S R T L S R T L S R T L S R 4:15 P 0 0 0 0 0 1 0 1 0 2 29 0 0 0 88 1 122 4:30 P 0 0 0 0 0 0 0 0 1 1 24 0 1 0 77 1 103 4:45 P 0 0 0 0 0 0 0 2 0 1 32 0 0 0 109 0 144 5:00 P 0 0 0 0 0 0 0 1 0 0 34 0 0 0 124 1 1 160 5:15P 0 0 0 0 0 0 0 0 0 0 17 0 0 1 0 118 3 138 5:30 P 0 0 0 0 0 2 0 0 0 1 36 0 0 0 112 0 151 5:45 P 0 0 0 0 0 1 0 1 0 1 23 0 0 0 108 1 135 6:00 P 0 0 0 0 0 0 0 0 0 0 29 0 0 0 80 1 110 6:15P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6:30P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6:45P 0 0 0 0 0 0 0 0 Q 1 0 0 0 0 0 0 0 0 7:00P 1 0 1 0 1 0 1 0 1 0 j 0 1 0 0 0 1 0 1 0 F-01 0 1 0 0 0 0 Total Survey 0 0 0 0 0 4 0 5 1 6 224 0 1 0 816 8 1063 Peak Hour: 4:30 PM to 5:30 PM Total 0 0 0 0 0 2 0 3 0 2 119 0 0 0 463 4 593 Approach 0 5 121 467 593 %HV nla We Na We 0.0% PHF n/a 0.63 0.82 0.93 0.93 r S 5th St S 5th St 121 I Pcd: 0 —1f19 121 _ _� Bike! D I 587 588 1 0 (Bike 467 I 463 4.30 PM to 5.30 PM 0 Ped 466 4 __ _ PET), Across: N S E W Ped 0 2 3 640 1.0 PHF Peak Hour Volume INT 01 0 Bike 0 PIIF' %HV INT 02 0 ER 0.93 nla INT 03 0 L ° J � Check WB 0.92 n1a INT 04 0 In: 593 NB 0.63 n1a INT 05 0 t l Out: 593 SB nla nia INT 06 No Pecis 0 98th Ave S Intersection 0.93 0.0% INT 07 0 Bicycles From: N S E W INT 08 0 INT 01 0 Special Notes: INT 09 0 INT 02 0 INT 10 0 INT 03 0 INT 11 0 INT 04 0 INT 12 0 INT 05 0 01 01 ol 0 0 INT 06 0 INT 07 0 INT 08 2 2 01 21 2 TM01p09043 w s xa mAx& gs T Kum: / / . ; 4 a @ R - / ) \ \ \ { \ \�! \ { \ 2 / 2 a = a s § � \ - - |\ Lr, % • r`"'O-WAY STOP CONTROL SUMM"7Y General Information Informatio Analyst Agency/Co. Date Performed 6119/2009 Analysis Time Period PM eak ntersection Jurisdiction \nalvsis Year 11 Future with East/West Street: S 55th St North/South Street: Site Access St Intersection Orientation: East-West IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume 7 494 0 0 128 2 Peak -Hour Factor, PHF 0.93 0.93 0.93 0.93 0.93 0.93 Hourly Flow Rate, HFR 7 1 531 0 0 1 137 2 Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 1 0 4 Peak -Hour Factor, PH 0,93 0.93 0.93 0.93 0.93 0.93 Hourly Flow Rate, HFR 0 1 0 1 0 1 1 0 4 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (vph) 7 5 C (m) (vph) 1457 738 VIC 0.00 0.01 95% queue length 0.01 0.02 Control Delay 7.5 9.9 LOS A A Approach Delay -- -- 9.9 Approach LOS -- -- A ICS2000TM Copyright (0 2000 University of Florida, All Rights Reserved Version 4.1 AASHTO-Geamerric Design 'ghways and Streets - - "rime gap (a) at design speed of Design vehicle rnajor road Passenger Car 6.5 Single -unit truck 8.5 Combination truck 10.5 Note: Time gaps are for a stopped vehicle- to turn right onto or cross a two-lane highway with no median and grades 3 percent or less. The table values require adjustment as follows: For multilane highways: For crossing a major road with more than two lanes, add 0,5 seconds for passenger oars and 0.7 seconds for trucks for each additional lane to be crossed and for narrow medians that cannot store the design vehicle. For minor road approach grades; If the approach grade is an upgrade that exceeds 3 percent, acid 0.1 seconds for each percent grade. Exhibit 9-57. Time trap for Csrse B2--night' urn from Stoic and Case W-,-Cressing Maneuver .� Design sped ltrr h Metric Intersection sight Stopping distance for sight assenger Cars distance ^ Calculated Design m rr m(mph)-(it)ft(it) Design speed -US Customar Inte"etion sight Stopping distance for sight passenger cars distance Calculated Design 20 20 3& 1 40 15 80 143.3 145 30 35 54.2 55 20 115 191.1 195 40 50 72.3 75 25 1555 236.9 240 vQ 65 90.4 95 30 200 286.7 290 60 85 108.4 110 35 250 334.4 335 70 105 126.5 130 40 305 382.2 385 80 130 144.6 145 45 360 430.0 430 90 160 162.6 165 50 425 477.8 480 100 185 180.7 185 55 495 525.a 530 110 220 1 W8 200 60 570. 573.3 575 120 250 216.8 220 65 645 621.1 625 130 285 234.9 235 70 730 668.9 670 75 820 716,E 720 BO 910 :764.4 765 Note: lntersectik)a sight distance shown is for a stopped passenger car to turn right onto or cross a two-lane highway with no median and gravies 3 percent or less. For other conditions, the titre gap must be adjusted and required sight distance recalculated. Exhibit 9-58. Design Intersection Sight Disia nce.--case B2-Right Turn From Stop and Case W-Grossing Maneuver 668 Inferserlions Metric US custa�tns �w Intersection sight Intersection sight Stopping distance for Stopping distance for Design sight passenger cars Design sight _pa se er cars speed distance Calculated Design speed distance Calculated Design krn/h rrt m m rn h ftfit) 1t 20 20 41.7 45 15 80 165.4 170 30 35 62.6 65 20 115 220.5 225 40 50 83.4 8Ei 25 155 275.6 50 65 104.3 105 30 200 330.8 335 60 as 125.1 130 35 250 385.9 ago 70 105 146.0 160 40 305 441.0 446 8o 130 166.8 170 45 360 496.1 500 90 160 187.7 190 50 425 551.3 555 100 185 208.5 210 Sea 495 606.4 610 110 220 229.4 230 60 570 661.5 665 120 250 250.2 255 65 645 716.6 720 130 285 271.1 275 70 730 771.8 775 75 820 826.9 830 80 910 882.0 885 Note: Intersection sight distance shown is for a stops passenger car to turn left onto a two-lane highway with no median and grades 3 percent or less. For other conditions, the time gap must be adjusted and required sight distance recalculated. Exhibit 9-55. Design Intersection Sight Distance--- Case 1'31•---Lein Turn From Stop Sight distance design for left turns at divided -highway intersections Ahould consider multiple design vehicles and median width. If the design vehicle used to determine sight distance for a divided -highway intersection is larger than a passenger car, then sight distance for left turns will need to be checked for that selected design vehicle and for smaller design vehicles as well. If the divided -highway inedian is wide enough to store the design vehicle with a clearance to the through lanes of approximately I m [3 ft] at tooth ends of the vehicle, no separate analysis for the departure sight triangle for left turns is needed on the minor -road approach for the near roadway to the left. In most cases, the departure sight triangle for right tarns (Case B2) will provide sufficient sight distance for a passenger car to cross the Dear roadway to reach the median. Possible exceptions are addressed in the discussion of Case B3. If the design vehicle can be stored in the trtedian with adequate clearance to the through lanes, a departure sight triangle to the right for left turns should be provided for that design vehicle turning left from the median roadway. Where the tnedian is not wide enough to store the design vehicle, a departure sight triangle should be provided for that design vehicle to turn left from the minor -road approach. The median width should be considered in determining the number of lanes to be crossed. The median width should be converted to egtiivalent lanes. For example, a 7.2-m t24-ft] median should be considered as two Additional lanes to be crossed in applying the multilane highway adjustment for time Saps in Exhibit 9-54. Furthermore, a departure sight triangle for left turns from the median roadway should be provided for the largest design vehicle that can be stored on rrR AAcomeirie D u5ign o _._ighways and 5ireets � pp rr�� C?lt7LCf u?OCoLnM �0C>0 NN0� d �ti(ph0'SO1 tit CPI 0 C 'tj r� Q) 4A ti N iD aQ OD G d: (D u) in <D r- CE7 ccpp O iri Ch CV CD I':6 ,2i r� �i] 'oo } Cd U7 � TcOa cm 1'- O E G .g CpctC3 Cf [XfCOb:QMWMMMC7 N[+)[C)CPr s" y p O u)CritVCMr! 40 N 0cD � rWMMUQQd E w MCA cl q © ;a Cp vi u7Ce)waro U')C•)Nowrl.m mr-, C)r C4 moo NST)0 N d •� r r r r-r-NN N N L�1 �j O r2 �i)Cau7C3c�OkC3�:!S!70U')0LDa � n� U Q C �] Ei?Au)08OQQtoC+QLD CV m U7 w m C7 Cr! ip M N N 'a io Q} CM U-i C 0 U m N Sh0OOU?NMu?w q 9T w G) [ w- M C7 1j q tO OD - in co 0 IN m w V Ca p r- r- r- N N N OD lQ ID 0— d d aD as , (0 CV er a0 u7 tri •- N V u) a m Lxi 0 o T .-- i7 tD C) O7 F` SO d7 00 <u G! m CD m '00, CA h, r., w M Lo Lo V ''t t"i Li r� (� Q co (!�` ,- u7 CV CA (6 c') O rKVC+rm-4�r �QwtohOacr) C1-0 Fz 0coC-)C)o0 0 n carso is Q N CV) d tA z 21 112 Ci i M. VP Lammers Title INSURANCE CORPORATION John L. Scott 4735 NE 4th Street Renton, WA 98059 REFERENCE NO: / Order No.: 30025180 Liability: Charge: Tax: Total: **UPDATED** SUBDIVISION GUARANTEE COY �S'0r) $10,000.00 $300.00 $28.50 $ 328.50 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Lawyers Title Insurance Corporation a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 9, 2009 Subdivision Guarantee Page 1 of 5 GNT004 Order No.: 30025180 SCHEDULE A 1. Name of Assured: John L. Scott 2. Date of Guarantee: October 9, 2009 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. Title to the estate or interest in the land is vested in: Robert D. Wilson and Doravin A. Wilson, husband and wife C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3123059125 YEAR BILLED PAID BALANCE 2009 $5,805.80 $2,902.90 $2,902.90 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,902.90. LEVY CODE: 2132 ASSESSED VALUE LAND: $280,000.00 ASSESSED VALUE IMPROVEMENTS: $302,000.00 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 26, 1955 RECORDING NO.: 4577286 4. COVENANT TO BEAR EQUAL SHARE IN THE COST OF CONSTRUCTION OR REPAIR OF INGRESS, EGRESS AND UTILITY, EASEMENT FOR WHICH WAS GRANTED OVER ADJACENT PROPERTY BY INSTRUMENT RECORDED UNDER RECORDING NO. 7510220588. Subdivision Guarantee Page 2 of 5 G NT004 OrderNo30025180 5. COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON MARCH 17, 1976, UNDER RECORDING NO. 7603170525. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SET FORTH IN SAID INSTRUMENT TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 6. AGREEMENT AND COVENANT RELATING TO WATER DISTRICT CONNECTION CHARGE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 9, 1976 RECORDING NO.: 7607090621 7. NON -PROTEST AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 9, 1976 RECORDING NO.: 7607090822 REGARDING: PERMIT FOR TEMPORARY WATER LINE SERVICE, NOT TO PROTEST THE CONSTRUCTION OF A PERMANENT WATER MAIN 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 1976 RECORDING NO.: 7607160539 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: ROBERT D. WILSON AND DORAVIN A. WILSON, HUSBAND AND WIFE PURPOSE: ROAD AND UTILITY EASEMENT AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: March , 27, 2008 RECORDING NO.: 20080327002018 10. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 3, 2006 RECORDING NO.: 20060503900008 11. MATTERS SET FORTH BY SURVEY: RECORDED: OCTOBER 6, 2009 RECORDING NO.: 20091006900010 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ROBERT D. WILSON AND DORAVIN A. WILSON, HUSBAND AND WIFE TRUSTEE: COMMONWEALTH LAND TITLE INSURANCE COMPANY BENEFICIARY: ERIK DORMAIER, A SINGLE PERSON AND JOHN JOHNSON, A MARRIED MAN AS HIS SEPARATE ESTATE ORIGINAL AMOUNT: $40,000.00 DATED: MARCH 24, 2008 RECORDED: MARCH 27, 2008 RECORDING NO.: 20080327002019 Subdivision Guarantee Page 3 of 5 G NT004 OrderNo30025180 13. MATTERS OF RECORD AGAINST THE VESTED PARTY, OR PERSONS WITH SIMILAR NAMES. THE VESTED PARTY IS ROBERT D. WILSON. NUMEROUS MATTERS OF RECORD ARE FOUND AGAINST PERSONS WITH SIMILAR NAMES. THE EFFECTS OF THESE MATTERS, IF ANY, ON THE SUBJECT PROPERTY CANNOT BE DETERMINED WITHOUT FURTHER INFORMATION. TO DETERMINE THE EFFECTS OF THESE MATTERS, IF ANY, ON THE SUBJECT PROPERTY, THE VESTED PARTY MUST PROVIDE THE COMPANY WITH A PROPERLY COMPLETED IDENTITY AFFIDAVIT PRIOR TO THE DATE OF RECORDING. AFTER THE COMPANY EXAMINES THE AFFIDAVIT, A SUPPLEMENTAL REPORT WILL BE ISSUED. NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A Single Family Residence KNOWN AS: 720 S 55th Street Renton, WA 98055 NOTE 2: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: NORTHPOINT ESCROW AND TITLE, LLC 155 NE 100TH STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. Enclosures: Sketch Vesting Deed Paragraphs Monetary Encumbrances Identity Affidavit Subdivision Guarantee Page 4 of 5 G NT004 Order No,: 30025180 EXHIBIT "A" PARCEL 3 OF SHORT PLAT NO. 6742171 AS RECORDED UNDER RECORDING NO. 7663170525, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records {b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property: or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1 ) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims, (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1). (2) or (3) are shown by the public records. i. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), tCI or in Part 2 of this Guarantee. or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records, (1) which are creased, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured. or (31 which do not result in the invalidity or potential invalidity of any ,fudidal or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to to Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental venting executed by the Company, it)) "land": the land described or referred to in Schedule (A). (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2 nor any right, title, interest, estate or easement in abutting streets, roadsavenues, alleys, lanes, ways or waterways (c) "mortgage'mortgage, deed of trust, trust deedor other security instrument, (dj "public records". records established under state statutes at Dale of Guarantee far the purpose of imparting constructive nonce of matters relating to real property to purchasers for value and without knowledge. (e) "date" the effective date, 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no rase prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above. (a) The Company shall have the right, at its sole option and cast, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently_ (h) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to se prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured If the Company is prejudiced by the failure of the Assured to furnish the required cooperation. the Company's obligations to the Assured under the Guarantee shall terminate 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of lass or damage and shalt state, to the extent possible, the basis of calculating the amount of the less or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage. the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers checks, correspondence and memoranda. whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company. it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to The Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options. (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunderin the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwse Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminateincluding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability - This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein describedand subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shalt not exceed the least of (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon, or (0) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss cr damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shall be subrogatod to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee net been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation invoiving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and tiie Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation_ All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Arbilrator(s) may be entered in any court having jurisdiction thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements. if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole,' (b) Any claim of loss or damage, whether or not based on negligence,. or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.Q. Box 27567, Richmond, Virginia 23261-7%7. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) i of � �-11 John L. Scott 4735 NE 4th Street Renton, WA 98059 REFERENCE NO: / Order No.: 30025180 Liability; $10,000m Charge: $300.00 Tax: $28.50 Total: $ 328.50 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with reEpect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Lawyers Title Insurance Corporation a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: May 7, 2009 Errorl Not a valid filename. Subdivision Guarantee page 1 of 5 GNT004 Order No.: 30025180 SCHEDULE A 1. Name of Assured: John L. Scott 2. Date of Guarantee: May 7, 2009 3. The assurances referred to on the face page hereof are: a. That according to those public records which, underthe recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. Title to the estate or interest in the land is vested in: Robert D. Wilson and Doravin A. Wilson, husband and wife The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3123059125 YEAR BILLED PAID BALANCE 2009 $5,805.80 $2,902,90 $2,902.90 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,902.90, LEVY CODE: 2132 ASSESSED VALUE LAND: $280,000.00 ASSESSED VALUE IMPROVEMENTS: $302,000.00 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 26, 1955 RECORDING NO.: 4577286 4. COVENANT TO BEAR EQUAL SHARE IN THE COST OF CONSTRUCTION OR REPAIR OF INGRESS, EGRESS AND UTILITY, EASEMENT FOR WHICH WAS GRANTED OVER ADJACENT PROPERTY BY INSTRUMENT RECORDED UNDER RECORDING NO. 7510220588. Subdivision Guarantee Page 2 of 5 GNT004 OrderNo30025180 5. COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON MARCH 17, 1976, UNDER RECORDING NO. 7603170525. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SET FORTH IN SAID INSTRUMENT TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 6. AGREEMENT AND COVENANT RELATING TO WATER DISTRICT CONNECTION CHARGE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 9, 1976 RECORDING NO.: 7607090821 7. NON -PROTEST AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 9, 1976 RECORDING NO.: 7607090822 REGARDING: PERMIT FOR TEMPORARY WATER LINE SERVICE, NOT TO PROTEST THE CONSTRUCTION OF A PERMANENT WATER MAIN 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JULY 16, 1976 RECORDING NO.: 7607160539 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: ROBERT D. WILSON AND DORAVIN A. WILSON, HUSBAND AND WIFE PURPOSE: ROAD AND UTILITY EASEMENT AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: March , 27, 2008 RECORDING NO.: 20080327002018 10. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 3, 2006 RECORDING NO.: 20060503900008 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ROBERT D, WILSON AND DORAVIN A. WILSON, HUSBAND AND WIFE TRUSTEE: COMMONWEALTH LAND TITLE INSURANCE COMPANY BENEFICIARY: ERIK DORMAIER, A SINGLE PERSON AND JOHN JOHNSON, A MARRIED MAN AS HIS SEPARATE ESTATE ORIGINAL AMOUNT: $40,000.00 DATED: MARCH 24, 2008 RECORDED: MARCH 27, 2008 RECORDING NO.: 20080327002019 Subdivision Guarantee Page 3 of 5 GNT004 Order No30025180 12. MATTERS OF RECORD AGAINST THE VESTED PARTY, OR PERSONS WITH SIMILAR NAMES. THE VESTED PARTY IS ROBERT D. WILSON. NUMEROUS MATTERS OF RECORD ARE FOUND AGAINST PERSONS WITH SIMILAR NAMES. THE EFFECTS OF THESE MATTERS, IF ANY, ON THE SUBJECT PROPERTY CANNOT BE DETERMINED WITHOUT FURTHER INFORMATION. TO DETERMINE THE EFFECTS OF THESE MATTERS, IF ANY, ON THE SUBJECT PROPERTY, THE VESTED PARTY MUST PROVIDE THE COMPANY WITH A PROPERLY COMPLETED IDENTITY AFFIDAVIT PRIOR TO THE DATE OF RECORDING. AFTER THE COMPANY EXAMINES THE AFFIDAVIT, A SUPPLEMENTAL REPORT WILL BE ISSUED. NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A Single Family Residence KNOWN AS: 720 S 55th Street Renton, WA 98055 NOTE 2: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: NORTHPOINT ESCROW AND TITLE, LLC 155 NE 100m STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. Enclosures: Sketch Vesting Deed Paragraphs Monetary Encumbrances Identity Affidavit Subdivision Guarantee Page 4 of 5 GNT004 Order No.: 30025180 EXHIBIT "A" PARCEL 3 OF SHORT PLAT NO. 674217, AS RECORDED UNDER RECORDING NO. 7603170525, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific asaunnces an provided In Scheduk A of this Guarantee, the Company sasumes no I ablllty for Iola or damage by mason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or aseasamants of any taxing authority that Ierise taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or riot the matters excluded under (1) or P) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Arcs authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwlthst"Ing any specific assurences whlch are provided In Schedule A of this Guarantor, the Company apumes no liability for loss or damage by mason of (he following: (a) DeferAs, lions, encumbrances, adverse claims or other matters affecting the tits to arry property beyond the fines of the land expressly described in the description sat forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lands, ways at waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such prop", rights or easements are expressly and speaFlralty set forth in said description. (b) Defects, lions, encumbrances, adverse claims or other matters, whether or sot shown by the public records; (1) which are created, suffered, assumed at agreed to try one or more or the Assureds; (2) which result in nolose to the Assured; or (3) which do not result In this invalidity or potential Invalidity of any Judicial or nor-judidal proceeding which is within the soups and purpose of the assurances provided. (c) The identty of any party shown or referred to in Sdedule A. (d) The validity, legal efteot or priority of any shatter shown or referred to to this Guaranies. GUARANTEE CONDITIONS AND STIPULATIONS 1. Wriltion of Terns. The following terms when used in the Guarantee mean: (a) the 'Assured': the party or parties named ore the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) 'land": the land described or referred to nth Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law Constitute real property. The term 'land' does not Include any property beyond the lines of she area doecrfbed or referred to in Schedule (A), (C) or in Pert 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, adloys, lanes, ways or waterways. (c) 'mortgage": mortgage, deed of trust, trust dead, or other security Instrument. (d) 'public records': records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relaling to real propary to purchasers For valve and without knowledge. (a) "data': "effect" date. 2. Nodcs of Claim to he Given by Assured Claimant. An Assured shall notify the Company promrply in writing in case knowledge shall Come to an Assured hereunder of any Claim of the or Interest which is adverse to she title to the estate or interest, as stated herein, and which might cause lose or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, than all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to nobly the Company shall nth no case prejudice the rights of any Assured under this Guarantee unless the Company shah be prejudiced by the falure and then only to the extent of the prejudice. 3. No Duty to IDeferid or Prosecute. The Company shah have no duty to defend or prosecute any action or pmoeeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to beyond or Prosecute Actions; fluty of Assured Claimant to Cooperate. Even trough the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at +tor sole option and Cost, to institute and prosecute any action or procooding, interpose a defense, as limited in (b), or to do any other ad which in its opinion may be necessary or desirable to establish the tits to the estate or Interest as stated herein, or to establish the hen rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, andshall not thereby Concede liabirdy or waive any provision of this Guarantee. If she Company shall exercise its dgt:ta under this paragraph, it shah do so diligently. (b) If she Company sleds to exercise its options as stated In Paragraph 4(s) the Company shall have the right to select counsel of Its choice (subject to the light of sudr Assured to object for reasonable cause) to represent the Assured and shall not be liable for end wig not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which stage matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a avert of competent jurisdid'an and expressty reserves the rtghl, in Its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceedvig, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to Lee, el its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give she Company all reasonable aid in arty action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful ad which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12115/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated heroin, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure M the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shell terrninste. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Cericklmas and Stipulations have boon provided to the Company, a proof of loss or damage signed end awom to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the Ions or damage. The proof d lose or damage shall describe the matters covered by this Guarantee which constitute the basin of lose or damage and @hall stabs, to the extern possible, the basis of calculating the amount of the lose or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be deelgnakd by any autfwrfzed representative of (he Company, all records, books, ledgefa. Ica, correspondence and memoranda, whether hearing a data before or after Date of Guarantee, which reasonably pertain to the lose or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant -no permission, In writing, for any authorized representative of the Company to examine, inspect end copy all records, books, "am, Checks, correspondence and memoranda in the custody or control of a third party, which reasons" pertain to the loss or damns. All Information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of Me Assured to submit for examination underoath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. S. Options to pay or Otherwise Setts Clalink Termination of Liability. in case of a claim under Vila Guarantee, the Company "I have the foliow'rrg adddlorral options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Irdebledrrees. The Company shall have the option to pay or shattie or compromise for or in the name of the Assured any claim which could result In foss to the Assured within Me coverage of this Guarantee. or to pay the Rill amount of this Guarantee or, if this Guarantee Is issued for the beriefrt of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owhg thereon, together with any coats, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarentesshall terminate all liability of the Company hereunder. In the event after notice of Claim has been given to the Company by the Assured the Company offers to purchase said indebtedness. the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Comparry upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In snot paragraph, shall terminate, including any obligation to continue Me defense or prosecution of any litigation for which the Company has exercised Re options under Paragraph 4, and tiro Guarantee "I be surrendered to the Company for cancellation. (b) To Pay or otherwise Settle With Parties Other Than the Assured at With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured Claimant any clolm assured against under this Guarantee, together with any Costs, adomeys' foes and expenses incurred by the Assured claimant which were audhar¢ad by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the optiion provided for in Paragraph (b) tie Camponyrs obligation to the Assured under this Guaranies for the claimed loss or damage, other then to make the payment required in that paragraph shah terminate, including any obligation to continue the defense or prosecution of arty litigation for which the Company has exercised its options under Paragraph 4. 7- Determination and Extent of Liability. This Guarantee is a contact of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered lose or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Sedlon tl of these Conditions and Stipulations or w reduced under Section 9 of tease Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as slated herein and the value of the estate or interest subject to any defect, lion of encumbrance assured against by this Guarantee. 6. Limitation of LiabMty. (a) If the Company aslabGshea the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee In a reasonably diligent manner by arty method, inahrding litigation and the completion of any appeals therefrom, it shall have fully performed its dAlgaticns with reaped to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Companys consent, the Company ehal have no iebiity for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the M, as stated herein. (c) The Company shag riot be liable for lose or damage to any Assured for Nobility voluntarly assumed by the Assured in settling any daim or suit without the prior written consent of the Company B. Reduction of Liability or Termination of Llabiitty. All payments under this Guarantee, except payments made for caste, atamgre fees and expenses pursuant to Paragraph 4>9r 1 reduce the amount of liability pro tento. 10. Payment of Lou. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless this Guarantee has been lost or destroyed, in which case proof of loss or dsetrucilion shall be furnished to the satisfaction of the Company. (b) When Nobility and the extent of loss or damage has been derinitafy foxed in accordance with these Conditions and Stipulations, the bes or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or setlemism Whenever the Comparry shall have settled and paid a claim under this Guarantee, all right of subrogation anal vest In the Company unaffacted by any act of the Assuraf claimant - The Company shall be aubrogated to and be entitled fa all fights and remedies which the Assured would have had against any person or property in respect to the daim had "a Guarantee not been issued. t requested by the Comparry, the Assured ahell trarraler to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sus, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation invok" these rights or rarnedles. If a payment on aunt of a claim does not fully Cover the lose of the Assured the Company shall be subrogatod to all fights and remedies of the Assured after the Assured shall have recovered is prinapal, fnteresl, and costa of collection. 12 Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable meters may induds, but are not limited to, any oontroversy or claim between the Comparhy and the Assured arising out of or relating to this Guaranies, any aervice of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. AA arbitrable matters wherx the Amount of tiablity le S1.DDo,Doo or leas shail be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shag be arbitrated only wthen agreed to by both the Company and the Assured. The Rules in e8efat at Oats of Guarantee shall be bending upon the parties. The award may Include attomeys' fees only if the laws of the State In which tie land 6 located permits a court to award attorneys' fees to a prevailing party. Judgment upon Ow award rendered by the Arb tralor(a) may be entered In any avert having jurisdiction thereof. The law of the silus of the land shall apply to an arbitration under he Title Insurance Arbitration Rules. A copy of the Rulas may be obtained from the Company upon request. 13- Liability LimRedtoThis Owrantw;GUIrantee Entire Contract. (a) This Guarantee together with all endorsements, if arty, attached hereto by the Company is trig entire Guarantee and contract between the Assured and the Company. In Irrierpri" any pnovlsicn of this Guarantee, this Guarartee shall be construed as a whole.' (b) Any Calm of Joss or damage, whether or not based on negligence, or any wbon asserting such Calm, shalt be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a wetsng endorsed hereon or attached hereto Signed by archer the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14, Noticea,Where$erit. All noboes required to be given the Company and arty statement in writing required to be fhrnMed the Company shag Include the numbar of this Guarahtas and shall be addressed ta: Conaurnor Affairs Department, P.O. Box 21507, Richmond, Virginia 23261-7567- CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) THIS SKETCH IS PROVIDED, W ITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT M ODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE M AIDE To AN ACCURATE SURVEY FOR FURTHER INFORMATION, SECTION: 31 TOWNSHIP: 23N RANGE: 05E ----------- ---- — ----- FIEN 6P 0641.87 RSD8218005 0 t 01-L �,41 110':11". gay sr 9m T '2AW 17 TR 16 — IIT ' IA� A1 "Q.,' 0 on Lm INT 09d OZ30 om 606 ow o -4 otso 906 14 viq ow I Asti 12,0 om ODM 0040 om as, um 'p " sm -------------- ------- M52 LOT 1 Lo 2 REN. 0$2-8.2 L07 2 3606018001 IY KCSP 874217 7503170525 P41 3 REM. sp 059-85 381;178001 all northpoint escrow + title The following document was not available at the time our Preliminary Commitment was processed. It has been requested from archives and will be forwarded to you when we have received it. Exception No.: 3 • Recording No.: 4577286 Thank you for your patience. rPIONEER NAMONAL TITLE INSURANCE ATI[DR COMPAMY Fll,•d for i3meirtl at itequest of TO D V4— k f l L'h Statutory Wcaramty Deed ttvta+ut snwra w �Pa pO P n 8 FORM L58P v THE GRANTORS OWEN RING and HELEN G. DING, his wifer for and in consideration of Ten Dollars ($1o. ou) and other good and valuable consideration, In hand paid, eonveyt and warrsets to ROBERT D. WILSON and DORAVIN A. WILSON, his Wife, the following described reml create, eltualed In the County or KING , SIM of Wsahinslon: The West 226 feet of the East 526 feet of the North 207 ft. of the South 525 ft. of the S.E. 1/4 of the S.E. 114 of Section 31, T0M - ship 23 North, Range 5 East, W.M., in King County, Washington, 14 TOGETHER WITI1 an easement for ingress, egress and utilities aver O the North 30 ft. of the following described property: The South 525 ft. of the S.E. 1/4 of the S.E. 1/4 of Section 31, Township v4 23 North, Range 5 East, W.M., in King County, Washington, except the East 526 ft. thereof, and Except County road. SUBJECT To: Easements, reservations and restrictions of record. txdu Tsx Paid Oa Ccrdrad Alf. No.� � �� -i 19 ti0 �lecardl D ,Do" This deed le riven In fulfillment of that certain real estate contract between the parties hereto. dated July 1, , 19 75 , and conditioned for tbo conveyance of the above described property,and the covenants of warranty herein contained shall not apply to say title. interest or encumbrance arlsine by, through or under the purchaser In said contract, rend shall not apply to any taxes, lasaesareante or other aharsea levied, aeaessed or becoming due subsequent to the date of said contract. float Estato Excise Tax was pold cn thin sale or stampad enempc an 7-26-75 , nac. No, E312621 �5. Dated thl, /� ri by of �. tleien G. sing STATE OF WA3HENG1'ON, + County of King On this day perranslly aypeered before pre Owen Bing and Helen G. Bing to me known to ba tba 1rdlviduls described is and who a:scuted dw wfthfa gad fortpLq Inginmen:, and acknowledged that they slped the asrne as their fete and voluntary act sad deed, for this uses M d purposes dxwa Mod-W. GIVEN under my bard sad eNkW sal this 0 f h- day of OF4,N, 30tl. Navy PoNk in rnd a eke slat of WerAbglslr, nrid>tier ae ..�,�-Es � . . , i the Owners Of certain real Property situated in King County, Kash- "ihgtm. hereby &-014xe and grant an easement for the puirposes of ingress, eg:7cess and to bring in and maintain utilities over and under the following described read property. situate in King Cotl6ty, Washington: That certain real pxuperty lyl" fift"n (15) feet G., a ech aide of a liars140L feet VeWt of amd parallel to the PAWL bousdarY line of that portion of the folla%nng described property lying 116zft of QDMty AMA; The *mUft 3,14 beeWOk the 60a0uskal 'quarter of the Southeast qu&rt0r,, Section -31. Township 23 Voi-th, Rage 5 VAjt,.W_m-.f in Xing Co=ty. vembiw1um; xam tile vast L. 1003 feat thereof, and LESS CqDimty Rmd. This Declaration and Grant of Eammmut is for the use and benefit of the Prevent owners, their heirs, sucmugors and assigns Ir of the following described real Property, situate in Xing County, U0 East 526 feet of the Noxth 207 feet of the South 525 Emmet. or *be Sowibamt Of the BOUtbe46-t qWWW-tw SWU,= 31,01 23 )forth, Mow 5 Rast, W12ma WmWW said GrAptars have caused thaLs instru- be execatewa this 4ay Of 7-4 STATE OF MSHINGTON J1 as. COUNTY OF XING On this day of -d C4.6ee 1975, before me, the undersigne , a Notary FublLc In and for the State of Washincfton, -I- Description. Xing,RA Document -Year. Month. Day. DocID 1975.1022.588 Page: I of 3__ n-.4--- qnn9nign x 11ITKIISS my daed aDd official affimd the day _'J and ye" in this certificate abome f■/ O �FaAs 07 : N `{ im of Mashingtun. rca3+at.�; l e y W Description: I{ing,WA Docwuent-Yaar.Month. Day. DoclD 1975.1022.588 Page., 2 of 3 nmvio,-• al]Ii9a7+5n r.mn�a„f I� Is =I I Description: Klng,FCA Document -Year. Month. Day. DocID 1975.1022.588 Page; 3 of 3 InnVIOIRtl r, ca . SHORT PLAT NO. 6 7 � Z 1'7 KING COUNTY, WASHINGTON s spare reserved lorl reeorder's use SOMM 3V I)aegol3w 91. HV Ez 91 11 Mw Filed for record at the request of: OW r4 SING Name i t r .�, Feturn to: g Land Use !Management Div. V215, (ling Co. Courthouse Seattle, Mlashington 99104 APPR"L Departwent of Lo�unity f EnvironN�aAtal Dsvelapuer+t Division of Land Use Manageaent Eaasdrud and approved this /� � day of Z'ei , s-/— ,//14� Director, Division of Land Use INanageeent Departsient of Public Vorks 1 y/ Examined and approved this�day of ! " 11 19 7i Director AV fIF Deparcaent of Assel4aft s Examined and approved this ^ dell of EARLEY I. HOPA Assasaox— _ peputy�sasacr LEGAL DESC FnON THE- NoKTH 7-o7 FP -Fr OF TIFF- <,auTr't $-ZS FEET Cf-71.1E SF- OF THE S lU- I OF SUCTION 311 TOwNSH)P Z314f AAM(FE sa) S+r(AXMO 1N K)N6- COUNTY, WA-M4 0A), 1z 2 @'PT -rNr WEST 3,o F &ET FoK 96 "k h vE , W. Map on File in Veull Page I of 3 1 r-- Description: Ring,14A Docent-Year.ldonth.Day. DocID 1976.317.525 Page. 1 of 3 n,-.,gar• �nn�u��n r�,,,..,on+ aft t r M CLARAT I ON : [now all meta by these presents that we, the undersigned, owner(s) in Zee simple [and contract purchaser(s)] of the land herein described do Lereby sake a snort subdivision thereof pursuant to RGg 58-17.000 and declare this short plat to be the graphic representation of same, and that said abort subdivision is us& with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hat NCm Ln RAM AM O �O AM STATE OF fAUINGM �y of King ,� � as this doy peraosally eppaared begone ar ROBERT D. WIISON and DORAVYN A. tp me AnQWV to be the indi►ldwl dweribed is and WW executed the rlUdn and fossyai" Inats" - -t, and arLsawIedged that they siFoed the Haw as their fzw and m1ustarg act and deed# for the seer sad pnrporee therein . filIP wader my hand and offfoial e*&I day of tuber 29 75 ab" Pablfc in and for Cho State of Naehingtan. residing at Renton. STATE OF NAUINGION.j [Aunty of Ring 1t� on this day parsonal3y appwarad before w Z; BING and HEUFN G. BINGE his wife, to err known to be the Sndivfdual deecx#bed in and w exrcutad the rirAin and ,faxOWIM instrnaent, sad ackw*lwd0;d that they •-signed the sang as their free and aojuntaaV act and deed, for tba wee and P= ores therein sentioned. GIVEN wx%z ay hand and official anal day of Octoberdq Ig_ c so xy Public In and for the State of UaehiaQtoa• residing at Menton. Short Plat Number o 4l page Z of 3 Description: King,WA Document -Year. Month. Day'.DocSD 1976.317.525 Page: 2 of 3 n, tea-,.. 'xnncaI sn 96 th pj*f" 01JU (,r rM[ sauTN SzT hut.So. S� 4 of rrFa 5V f of S�t3lrTwl'L3A'ATIE FtEr OF rH¢ {SPhlorre or RaM) 132o�s zz FMRL(L F7 1. r•• - 107 a n, 6AII e C3 V= Stv''� 106t uME,F taa wCST 230 F9U 7a! do we St oc �, r' E to —A v m r /�J�y• V �+ 1 yy � �J"NNarr 4F we iii l Sa 4 of sac j/, �,dSt• 1+ Sfr 19Z 5T i �.. _ t5;0'al1 U14c, OF SEY of E y OF �O D sr� 3", rwtZ}ruIArrL * �[uip'tA4 pK1rM11 W NMd [iNE of THr aum— f It$ F4at Of TRIO 5iAV OF SR 1 OF Sa[. 3+,im* ?.iN, "E tlap on File in Vault 'KORTN Diractfon: WEST Scale. 0 Zoo' Short Plat Hoc L-7 4 z 1 Description: King,RA Document -Year. Month. Day,DoclD 1976.317.525 Page. 3 of 3 c� o � ACS NO. F'ILEo FOR RECORD AT REQL2ST OF om ' O - KING COUNTY WATER DISTRICT NO. 58 i rc IOR28 S. E. 176th "7 Renton, Washington 9BO55 � m u5 O - tr _ I� O AGREEFENT AND COVENANT RELATING TO WATER DISTRICT CQNNfiCTYON CHARGE tiO f~ oti The undersigned, �f r. irs. 0 f l ! J a n NA,(ME} OF pROYERTY OWNER ,a AL•DRESS OF PRCPERTY CWNER r� does hereby covenant and agree with WATER DISTRICT No. 58, of King County, Washington, a municipal corporation, as follows: I. The undersigned property owner is the owner of the real property herein described under ORIGINAL DESCRIPTION. 2, said property owner does hereby request that the connection charge made by Water District No. 58 pursuant 'to RCW 57.08.O10 and commpnly xe- ferred to as the area connection charge, be segregated as to said property; that property owner be permitted to pay said area connection charge as to Parcel A. and that the connection charge as to Parcel B be deferred and be payable when application is made for water service to said Parcel R. 31 The undersigned property o+%ner understands and agrees that the area connection charge for Parcel__S will be levieO_at the rate applicable at the tine application for service is .made_ This Agxeement is binding on the undersigned, his heirs and his assignes, and is a covenant running �•ith the land. ORIGINAL DESCRIPTION t RQ r2-As'r SZG Fr -Er at T t: JUOkTrl zo 7 -M Sou r�r 52 �6T DF TkV_ S• k• dP T7f of SF0176,V 31� �`ow�SHiP Z3N f f�kNG� S' fi_+�1•rM, l� 1C1NC CUun1TY WA-V+1A)C-T-0A1 NPW DESC:RIPYIMS PAP.CEL A SQUARE FOOTAGE:�S`14.+_ - Al"OUNT DUEw The 1tiest 169.09 feet of the East 309.08 feet of the North 207 feet of the South 525 feet of the Southeast quarter of the Southeast quarter of Section 31, Township 23 North, Range 5, F.W,N. in King County, lashington. FAP.CFL 8 SQUARE FOOTAGE: 7 3 .,R$2 _ AREA CH.M1R:d. TO 8$ LEVIED AT AN1j[_ICAPLE RATE, Tha East 526 feet of the North 207 feet of the South 525 feet of the Southeast quarter of the Southeast quarter of Section- 31, Township 23 Nortl Range 5 Bast, S9.A1., in King County, Washington LESS the West 169.03 feet of the Fast .109.08 feet thereof. - -ST5a '2"OF PROPERTY OhWEk- )-AGE 1 Description: King, WA Doetzment-Year. Month. Day. Doc= 1976. 709. 821 Page: i of 2 STATE OF WASHINGTON ) 5S COUNTY OF KING ) f On -this day of before me, the undersigned, a Notary Public in a d for or the State of nWashington,-dnly_comnis owed ar4 sworn, per,q�na�ly appeared y I. It'l • -' ��'.dr�i._---�4Z J1 %L: A.V f -_rir, r r- to me known to be the individual described in and who executed the foregoing instrument, and aanowledged to me that signed and sealed the said instrument as free and voluntary act avfd deed for the uses and purposes therein mentioned. WITNESS vy hand and official seal hereto affixed the day and year in this certificate above written, Notary y�j .•L P1abl3c in and for th.�StB,.� 9 at Washington residing ' 9 Approved by '4u1 'i4'4 — Pate 1 `e e Pistxitt Engineer - Approved by r pater District Manager SEGREGATKN FEE: 25.0f1 Date paid PkGE 2 Description: King, HA Document -Year. Month. Day.Doc2D 1976. 709. 621 Page: 2 of 2 n—l= • ann9R1 R!S r,r,,,,.or,!• K1:-G CM'-.TY �MT!iR DISTRICT NC. 5H e AGRF_S% . 7 ?OR =*ORAF, V W lrFR S RvICF w x - CM The undersigned, - ROS@RT D. WjL50-; A,'R DORAVIN A. WIL50N ` (husband and :rife), owner (s) of the follot:'inrcj described real r roperty � in King Counts', '''ashincton, towit: Tin East 526 feet n( the North 207 r'3 feet of the 5outh 525 feet of the SoutLneast 1/4 of the Southeast 1/4 � - Aof °ec'inn 31, Trn ,wsbip 29:4, Range 5, E.W.N., ir.n - Kind County, washinton. G. U ,o fc.r and in consideration of !later District nc. .58, King County, Washington, r— hereinafter called "District", granting permission to connect a private ra temporary water line to said property pctrsuant to the terms and Conditions 0 of Resolutio: No. 1403, adopted by the J3oarrl of beater Coimissloners of `o said Water District on ?arch 25, 1974, does hereby' agree as follows: 0 a 1. Water service shay] be for a single family hoiie only. 2. The undersigned shall obtain from others at his cost all easements which may be necessarj for the in5ta11at1c_s of A tea TaIy service line. 3. If required by the District and as part of the consideration for said permission, the undersigned has granted and conveyed or nereby agrees to grant and convey to the District easements over, through, under and across the above described property for rater mains and appurtenances for the implementation of the comprehensive plan or for the improvement. of the water supply of the systenof the N 5triet_' 4. The undersigned agree to pay forthwiih the meter and service iristaliation charge, the general facilities charge and the special -to%,f,orar, service charge of the District and shall pay for water service at the prevail.ipy rates Of the Aistiict under the same t^rns and conditions as the othor customers of the District, 5. The undersigned hereby agree that ne protests can be made by him (there) :r his (their) heirs, adsinistratrrs, executors and assigns, against the construction of or assessement for a pprmanent water main which may be constxuctvd to serve said Property, 6. the undersigned further agree to their pro rata Ohara of the cost of tee vater line installed or to be installed as a part of a utility heal improvement district or by a private party or parties, I (we) -hereby agree to pay the cost of novinn the met r from its nri9inal location to connect to the new rater main, tngether frith the cost of connectidn, if and 'when a cermanent main is installed to serve said property. This agregront shall he a covenant running with the land and shall be r•indinn u,Pon all parties and their heirs, rministratOTS, executors and assigns until the persanent tester Hain to serve the above described property has been constructs<t and acce;tterl by the District. IN kvi m,=S� t•!NEPMR, I (we), ha-e hereunto set my hand and seal this day of 1 , ]9 , • Description: Ning,AM Document —Year. Month. Day.DoclD 2976. 709. 822 Page: 3 of 2 Ardor• ann->41rri r'.vmnarrt "p- TO! OP !TfV j rs A notary l'uLA iv h- and for the WasliingVm, do hereby r%j that qrsAhis Z2, d-, aof persnia)iy 00 -.-,-a-l beft;re mp (D knmn t, '.,- lh,- ineiiid,jal t*] he —in and whn executed the ID I' ithin instr;,.-�W and ackncvvledCeF4 that si ncri and sealed the same as a free and v aluritar,, -ct anr; rk-vtl ED- thF e5 and rjurpn."s therein -Hznt- ioncd. G717T !W)RP !.'Y W'D AND UFFlCTAI. SEAi this day of 19_1. Notary 7ub] is in -and or the �tfttQ_-p'*- Wa5Y7qnqtcn' resddlpq at Description: Riz2g,WA Docent -Year. Month. Day. DocID 1976.709.822 Page: 2 of 2 Inn9a75M r-4.. /+il tTaN F1 /�� ja (0 t,-- ref, E,is£MENT FOR UNUCRGROUlstD ELECTRIC SYSTEM 110VFr-t p Wtho" Aft Wti-� i ttrentor heretrn gts ranGun%-t sa l taareanLS It)1$LGrT S001) PowER m LLGtf7 C0%1Pntiy 114asnitrytran eprpnnulsn r C,rantm herema for twWrpase%ho,xrtndllrr MAlrr�`thrI Ptrprtval ea,mt-�tr under acyo55 +rid otiwr the talleming drxrltied vp real proper[) Mw Prertr h-� M 1 '~C N S 7 _ Crarne5 %ashlagios 'T1tC EAST" SZb I=SC&7 OF -I+t NorvrO -0 7 PECT OF- '0dCL i�'G�ow 3 r� TJwl1.1 S ti•+P '�� hnjG�� ,S' � W �NI. 1 n! IN G C o . Wry ! Gv!*i1! l,u t-rtoiL. . "ceps as ma} 6L other+,ae —1 113'1r1 herein (]tantr-s riot.' ehall t%. LisefClitti apaii that portion of the Proorrry 1111c Right -a 'A65 hareem deserlben as fcr10a5, 1 A RIF.ht-of aid) 5 ..4'aw., fret in %Idth Ila%tr.R --- i _feet W SWA wfdth on +ash 3ttie el artelrritne desrnb,t),u Nov— Aie CEAA(I)VIT of &ILlirJTit�5 yT PAC11_t -Ivy 4S "'JUL SE irDiy Tl-ttCTriO vmbF.k � A-r-a0tS, l-7uj Dvtr TWE 1r6DVZ iaSCO-W LD PRDPIMTY . 1 purpoas, create- shall hate the r!$!1t to construct operate. matntaLrl. rapalr reptacz WA emerge la nnderaround .lectnc transmission areiror distribution system upon and under the Rtghe-of-War together with all necessary or COMMIMt appurtenances therelar which may tnclnde but are nm limited to the echoing, updergmund candulta, cables c4MM'JDWa11on ]Ines vaults manholes 9%ltdlets seed transformers, and semi-htirltd ar groend mwntLd faculties F4AtMWIng, the Initlat Wit- w-uCtlan of its facilities Granite Cut; from lime to time conttn ct such. addliloaal lacllittes as 11 may require a across GraateS Wit have the rIght-Ilaceo9910 the P1101,01 WaY over Will across the Property ra enable Grantee w moreiso lts ri&5as hrraotdar provided that 4rantaeshali a#npM sale Grantor ror any damspe to the Proporty caused by the eservkse of said rtA & of Poong E altsh,trtlass. a.aodscapins, Granter may frQZ ILMC to time rmnc%,c ireas hushes or atber 0MUCIL0n3 wIM11 ilia RWE-of Way and may level tip[ grade the 111ghPof Way to the extent reasonably lfeeeasayy w early aut the patpoaos •et f forth In paragraa L I+ereol Provided Mat r*11 w112 airy ach Mkrk Grantee shall. to the glen+ reasonably practicable restore the R191 of way to the aondlnan It was Immedtatety prior W such work rdllawing (hit Installation of Gto"W's �J�1 underground ieeilItley. Grantor may Lmdertake any drdittdry trnprovernems to the Iand..eaping of the NZI-of Way pravidot J That no lreas or other plants shall he placid thereon whteh would be imreasortahly f1PM61va ar Impraeflcal for Grantee to remove bud rt!swfe 4. Graaior-s Use or i1141-of•WS) Grantor reserves the right to use ihn kitidirmr,Way ror any purpose in; Inaonstatene tttlh rh& rights herein grantW pratitded that GrenLor shall not constrYCL or mahttain any building or ether atructara on the Right-af-Way which would imerfsre wM 1110 euerelseofihe ruts herein srautled, that no d0sipinR, Mweling ar Mher form or construeuon arrtwiry shall be Crane on the PropertY %hIM wouid dlsturh Lhe a3nWortion or ummorth Cranlee's facilities on Oa fthl-or- ay or erldanger the lateral tatppars to said facilities wA that no blasting shall be nape wlthln IS feel of the Right -of Way S. Indenatll) 1lr acceptlna and retarding thta casenit0l Grantee agrees to lildaonity and hold harmless Graunwr from any and all claims for damWs suffered by any person which may ba rouged by Gragtee'e eYtrelse W the rights herein `ranted. provided that Grantee sha)1 not be responaibie to Grantor far M1W daRages rosailna ham laprries to any perstirs caused by acts or omissions cf Grtnttor 6. Abardootticnl, The rlgho herein Rranied shall elMtlMc LwIll "ch tern as {,reatee eel. H to use the RIght•OF-Wgy ror a period off1ve461 auceesalva geara In which evtsit this easernent shall terminsta and all rlahta hareurtder Shall revert to Grantor pravrded that no atbandonMknt shall bedergtcd Lo hlv++ 0MCfed by reasae Of Grantee I fallsee to IOIUM11Y install its faculties on the Right of Kay within aril pertodi of Ilmo rvom the date he-rtMf 7 Suecessa a and Ar,aWs, Thu rightss erul obllgeilons Of iM paruea shall Lnure to [ire Ix"19 Of a,r,1 ho bladIR9 upon their respccatve sue raswit and 451111Rm { r" �t S sC1 I)A'rF77 this . S _ )sY or �t 1`�--6A� i s GRA470R t I s, A4 77i ,5 o PTT V`/ Description: K.ing,TM Doctamtent-Year.Mnnth.Day. Doc-TD 1976.716.539 rage: 1 of 2— n- ,4a- . Rn07A7 Fn ■ a STATE OF W/$M;"GT6N Si Cr7t `"t'Y 8F r _ on this day per3aeA y &W wred r -fora me ram+..-�.,} �- 'n` L.f{ w me known to be Ehe trdivtdoal �5- described In AM wed estcuM Slue rithtn errd turegDOR18xtrumert and ■cknow WILed rhat ■igobd •he same as r .r free r W weltintmry act and d"4 tnr thea56 and purpwvs therein mesitloWd. GIVEN UNDER KY HA.%D q,ND OFFICIAL SfiAf. MI! �-I daY wf yfftt4t f, NOTARY PUBLIC to u+d !or ehe �lar. tS 17aiMatttrn. nyy`` STATE iXri •� ' '7�YlL'atititi• � i3 6m his day Of _ 14 _ btfaro nre- the wrderaigned, pefwnafly mpp¢ared to me known r,P he at and - -- respeclIMY of —� tive corpor■Mm that newted thetareetrlvs lnatru Wnt. Wid a kWWl• edged the sat'J Ift3tmmtnt to be lbe fret and vvkltJry ad and drvd Of 3ald tmiporntoa, for the uses Wd parpmwe thtrdA nieatiaaed mud co OatN stated that _ - _ muElwrtxmd to eYetirle the said hLstrl atat and the dw scat ■fruLed to d%e cnrpmrmte Beet Cl SOLE oarporatlL WLT14M MY H&ND AND 0FRCIAL SFAt heretic affixed the dry and yerr first Shave written. NOTARY PUBLIC Ln and for diebiateof Waahlrigimn. remdlna at .. 0 E t fILED FrP f,':ORD AT REQUEST OF PUGe r ; ML r I - _ ' • ,Itii1 o O. 90 A ET:F ^ Lf.ti. i oWD A 57F--0 Description: King,WA Doatmment—Year. Month,Day.DOCXD 1976,716.539 Page: 2 Of 2 nr.4ar • irFA9RT 5A f"r-nrirrimn t • a ■ 20080327002018.001 AFTER RECORDING MAIL TO: y� 120080327a02018 ,4tiQBERT D. Wrr•s0 COMMbNMLTN L EAS 45.00 720 SO. 55TH ST... PAG6061 QF W04 03/27/2008 tT RENTON WA 98055 KING COUNTY, WA E2338944 03/27/2008 15:06 KING CaWNTY, WA TAX 1y1, Q9100 SALE a80,006.60 PAGE601 OF 00t ROAD AND UTILITY EASEMENT ` aM7_q �D -1111, ROAD AND UTILITY EASEMENT executed this 24th day of March, 2008, by and between ERIK DORMAIER, a single man, (hereinafter referred to as "Grantor"), and ROBERT D_ WILSON and DORAVIN A. WILSON, husband and wife, (hereinafter referred to trs "Grantees"). WHEREAS; Grantor is the owner, in fee simple, of that certain real property situate in the, City of Renton, King County, Washington, legally described as follows: The East 317 feet of the West 1,003 feet of the South 318 feet of the Southeast Quarter of the Southeast Quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; Said document(s) were filed for record EXCEPT County Road. by Commonwealtfl Land Title as 8CC0mmndation (hereinafter referred to as "Parcel A") only. It has not been examined as to proper execution 0r 8S t0 its of#OCt upon title. Tax Parcel Number: 312305-9119-00 AND WHEREAS; Grantees are the owners, in fee simple, of that certain real property conunonly known as 720 South 55th Street, Renton, Washington, legally described as follows: Parcel 3, King County Short Plat No. 674217, recorded under Recording No. 7603170525, in King County, Washington. (hereinafter referred to as "Parcel B") Tax Parcel Number: 312305-9125-02 AND WHEREAS; the parties hereto do hereby desire to grant a non-exclusive easement for ingress, egress and utilities over, under, upon, across and through a portion of the said Parcel A, for the benefit of the said Parcel B; Road and CJti]ity Easement - Page ►- 20080327002018.002 WITNESSETH; NOW, THEREFORE, 1N CONSIDERATION of the sung of Eighty Thousand and No/100 Dollars, ($80,000.00), and the mutual promises, covenants and agreements contained herein, and the mutual benefits to be derived therefrom, the parties hereto do hereby promise, covenant and agree as follows: 1, Granter does hereby grant and convey to the owners of the said Parcel B, their heirs„ executors, successors and/or assigns, a non-exclusive easement for ingress, egress and utilities over, under, upon, across and through that portion of the said Parcel A, described as follows: An easement for ingress, egress and utilities lying 25 feet on each side of the following described centerline: Beginning at the Southeast Corner of the Southeast Quarter of the Southeast Quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence North along the East Line of said Section 31 to the Northeast Corner of the South 318 feet of said Southeast Quarter of the Southeast Quarter of Section 31; Thence West along the North Line of the South 318.00 feet of the said Southeast Quarter of the Southeast Quarter of Section 31, a distance of 497.37 feet to the Point of Beginning of this description, - Thence South along a line parallel with the Fast Line of the East 317.00 feet of the West 1003.00 feet of the Southeast Quarter of the Southeast Quarter of Section 31 to a point on the South Line of said Southeast Quarter of the Southeast Quarter of Section 31 and the terminus of this description, extending and shortening the side lines as to terminate at the property line; EXCEPT County Roads. (hereinafter referred to as "Road and Utility Easement") 2. The parties hereto acknowledge that both Parcel A and Parcel B are being marketed for sale. In the event that both Parcel A and Parcel B are sold to or acquired by the same party or related entities of the same party, then Erik Dormaier, a single man, shall refund to Robert D. Wilson and Doravin A. Wilson, husband and wife, a]I consideration paid for this road and Utility Easement. 3. The owners of the said Parcels A and B shall be equally responsible for and shall each pay 50% of the costs and expenses of the installation, maintenance, repair, replacement and/or improvement said Road and Utility Easement until such time as said Road and Utility Easement becomes a dedicated City of Renton Street; provided, the owners of Parcel B shall have no obligation for such costs and expenses until said Road and Utility Easement is being used by them and for the benefit of said Parcel B; provided further, in the event said Road and Utility Easement is used only for utility purposes, the obligation referred to herein above shall be Iimited to those related to the utility purposes and shall not include obligations, expenses etc,, as relate to ingress and egress. The parties acknowledge their intent to make improvements to said Easement so that the City of Denton will accept said improved right of way as a city street; provided, Robert D. Road and Utility Easemcnt - Page 2 20080327002018.003 Wilson. and Doravin A. Wilson shall have no personal liability for any of the aforementioned costs and expenses. 4. The owners of Parcel B shall have the right to grant utility easements oven, under and across said Easement to any and all providers including, but not limited to, electrical power, natural gas, water and sewer, cable and other or related utilities etc. 5. The parties hereto shall cooperate in taking all necessary steps in dedicating or otherwise transferring said roadway to the City of Renton as a public right of way as soon as the road improvements have been completed in accordance with the requirements of the City of Renton. And as part of the development of either of the parcels described hereinabove (Parcel A and/or Parcel B), when the said Easement has been dedicated to the City of Renton as a public right of way, then this Easement, with the exception of provisions contained in Paragraph 2 above, and the right of contribution contained in Paragraph 3 above, shall immediately terminate and shall be of no force and efI'eot. 6. Covenant Running with lands/Attorney's Pees. This Agreement shall be a covenant running with the lands described herein, and shall inure to the benefit of the parties hereto, their heirs, executors, successors and/or assigns. In the event that any party to this Agreement, their heirs, executors, successors and/or assign, retains the services of an attorney to enforce any provision of this Agreement, the prevailing party in such enforcement proceedings shall be entitled to recover their reasonable attorneys fees and costs incurred therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year first above written. LRIK DORMAIER D' ROBERT D. WILSON Road and Utility Fasement - Page 3 DORAVIN A. WILSON 20080327002018.004 STATE OF WASFUNGTON ss. COUNTY OF KING ) On this day personally appeared before me, a notary public, Erik Dormaier, to me known to be the individual described in and who executed tyre within instrument and acicnotivledged that he signed the same as his free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this d y of March, 2008. T►yj'. 01Aop TTOp. , ; Pni : Craig D. hietbar NOTARY PUBLIC in and for the State of Washington, residing at PuyalEup -:c My Commission Expires, 8 30f2009 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me, a notary public, Robert D. Wilson and Doravin A. Wilson, to me known to be the individuals described in and who executed the within instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes horcin mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of March, 2008. _ t.ti�`g51�lV�p ►ii Fri o° TA�� ' Prime rai D. hielbar r " NOTARY PUBLIC in and for the State of Washington, xesiding at Puy My Commission Expires: 813012009 Road and Utility Easemcnt - Page 4 ftLZf,d.x3_YO , 1 N5 . r3lY uG ON 6 s:oao -UK 3LY�u un�D 'sI-a ,.w .— Ir w, r.lEr-.:xe n3��3H� ,,'1J.Aa rvMvan 30 1N34N3.Nh3dnS 7kr"p S0-3 -' 7�5"rM id3A6i� 30 MIDaa o. (•'�+ a=') saYA 1 -i oast-ts,@(fs a ,07-IMMIDA Nr •�77l-iY 3Mt iv nv aNlakanh A3Aans 3.1A JD 51N3n3tl1nd3a kOd O311d �v Lf66fi YM '1N3h ta�A -31Q �YhiN3U 'N Slfi' ' - 3H1 H11M 35NY003 NI NO11 JW AW �,Xm 1 aD 31Y -'�U3L- - H dD AYa-s¢"S Nl aaO]3d' AS naJM 3a4n A3rtaaS V S1M3S3Md3a A11.13aaO] dYYI SN1 q. s�9 aUJ6u3 7p slauu odd :5#o�e snJns 31V51211a3D SA3&2001� 31da1311d30 5.b0A3Adns e�Har Oul IsamtIllp-N..yaw-ej•. , A n � 1 �N r -n 21 •-i l2�' QhdN ,w � � � ��'� �i, � 1 f a dw � y N IN M41[ pypy t d 4y y ntDee Kzr.sr. �oST- /`/ N4 A ` Y r^I W V'j wW h b m m �4 Q03 19 r. k 1 R, a, a, --I uVty IJ-VV -- When recorded return to: Erik Dorntiaier 2822 - l2th Ave. W. Seattle, WA 98119 Filed for Record at Request of: Craig D. Thieibar, Attorney at Law DEED OF TRUST �, 7q(�) (For use to the State of Washington only) THIS DEED OF TRUST, made this 24th day of March, 2008, between ROBERT D. WTLSON and DORAVIN A. WTLSON, husband and wife as GRANTOR(S), whose address is 720 So. 55tb St- Rrnton, WA 98055 and COMMONWEALTH LANF M—E as TRUSTEE, whose address is 14450 N,E 29th Pl., Ste. 200Bellevue. WA 98007 and ER13C_D M � n a erso and 7OH1Y l I-IN5ON a m hi se to estate as BENEFICIARY, whose address is 2822 - 12th Ave. W., Seattle, WA 981 l9_. WITNESSETH: Grantor(s) her by bargain(s), sell(s), and conveys) to Trustee in trust, with power of sale, the following described real property in King County, Washington: Parcel 3, King County Short Plat No_ 674217, recorded under lording No 7601170525, in King County, Washington. Abbreviated Legal: (Required if full legal not inserted above.) Sa}�t +acrlt t± ¢s� were filed for record Tax Parcel Number(s): 312305-9125.02 by Commonwealth Land Title aS accommodation only. It has not been examined as to proper execution or as to its effect u� l- which real property is not used principally for agricultural or farming purposes, tog all the tenements, hereditanrents, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, isrars, and profits thereof. This Feed of Trust is for the purpose of securing performance of each agreement of Grantor(s) contained in this Deed of Trust, and payment of the sum of FORTY THOUSAND AND N01100 Dollars ($40,000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Bcneficiary or order, and made by Grantor{s), and all renewals, modifications, and extensions (hereof, and also such further sums as may be advanced or loaned by Benc5ciary to Granior(s), or any of Gran(or(s)' successors or assigns, together with interest thereon at such sate as shall be agreed upon. DUE DATE: The enure balance of the promissory note secured by this Deed of Trust, together with any and all interest accrued thereon, shall be duc and payable in full on March 26, 2011 To protect the security of this Deed of Trust, Grantors) covenants) and agrm(s): 1. To keep the property in goad condition and rcpair; to permit no waste thereof; to complete any building, stnuclure, or improvement being built or about to be built thereon; to restore promptly, any building, stricture, or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and asaessments upon the property; to keep the property free and LPB 22A-05(i-1) Page 1 of 3 4 V-1 , 4 -,-- clear of all other charges, liens, or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed Of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Reneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor(s). The amount collected under any insurance policy may be applied upon any indebtedness hereby secured is such order as the Beneficiary shall detennine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, al] rights of the Grantor(s) in insuranoe policies then in force shall pass to the purchaser at the foreclosure sale 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay a]I costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Tnist. 3. To pay all costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6- Should Grantors) fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances, or other charges against the property hereiukove described, Beneficiary may pay tha same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. 7. DUE ON SALE- (OPTIONAL — Not applicable unless initialed by Grantor and Benefrmary) The property described in this scctttity instrument may not be sold or transferred without the Beneficiary's consent. Upon breach of this provision, Beneficiary may declare all sums due under the note and Deed of Trust immediatelydueand payable, unless prohibited by applicable law. ' J.. "f Grantor (initials) Beneficiary(Initials) 1T IS MMALL'Y AGREED THAT: 1. in the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion astray be necessary to fully satisfy the obligation secured by this Deed of Trust shall be paid to Beneficiary to be applied to said obligation, 2. By accepting payment of any sum muted by this Deed of Trust after its due date, Beneficiary does not waive its rigItt to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The 'I'mstee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor(s) and the Beneficiary, or upon satisfaction of the obligation secured and written request for recorrveyance made by the Beneficiary or the person entitled thereto. 4 Upon default by Grantor(s) in the payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement contained in this Deed of Trust, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary subject to any cure period provided in the note secured by this heed of Trust.. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to die highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and anorney's fee; (2) to the obligation secured by this Deed of Trust; and (3) the surplus, if any, shall be distributed to the persons entitled thereto. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the putchaser all right, title and interest in the real and personal property which Grantor(s) had or had the power to convey at the time of the execution of this Dccd of Trust, and such as Grantor(s) may have acquired thereafter- Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor ofbona fide purchaser and cncumbrancers for value. 6 The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. In The event of the death, incapacity, disability, or resignation of Trustec, or at the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upcn the recording of such LPB 22A-05(i-1) Page 2 of 3 LVv--1 -- I - - appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of tire original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust er of an action or proceeding in which Grantor(s), Truslea, or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties Hereto, but an his/her/their heirs, devisees, legatees, administrators, executors, and assigns. The teen Beneficiary shall mean the holder and owner of the note secured hereby, whether ox not named as Beneficiary herein. 9. ADDITIONAL TERMS AND CONDITIONS: (check one) a. (X) None b. ( ) As set forth on the attached Exhibit which is incorporated by this reference. (Note If neither "a" nor "b" is checked, then option "a" applies.) ROBERT D. WIL5ON DORAViN A. WILSON STATE OF WASHINGTON ) ss. COUgTY OF KING ) I certify that I know or have satisfactory evidence that Robert D. Wilson and Doravin A. Wilson are the persons who appeared before me, and said persons acknowledged that they signed this itutrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instruntenE. DATED: _ � c & L66 Pritu i R D. Tltielbar NOTARY PUBLIC in and for the State of Waskurigton, residing at Puy3llup— My Commission Expires, 913012009 REQUEST FOR FULL RECONVEYANCE - Do not record. To be used only when note has been paid. Ta TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to recanvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder Dated: L.PB 22A-65(i-1) Page 3 of 3 AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Planning Division C-t of Rien$on 1055 South Grady Way, Renton, WA 98057 p<<,q;,iriq Divis!on Phone: 425-430-7200 Fax: 425-430-7231 STATE OF WASH I NGTON ) COUNTY OF KING being first duly sworn on oath, deposes and says: 1. On the /G r day of 1) 7� b -Cg— 20 ,1�� , 1 installed public information sign(s) and plastic flyer box on the property located at for the following project: O,f &r k f�� Project na�me1 & . 4a, A ns Owner Name 2. 1 have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Information Signs Installation" handout package. r,� (a Installer Sig ature SUBSCRIBED AND SWORN to before me this A, " day of j2C 7�5 f7 , 20_1�Z_Z. BONNIE Mi. BABCOCK Notary Public State of Washington My Commission Expires September 22, 2013 ,TARY PUB C in_and for the State of Washington, iding at commission expires on 9- 2 - C:IDOCUME--I1bb\L.00ALS—IVlemp%pubsign.doc -3 - 03/08 Printed: 10-16-2009 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-140 Payment Made: 10/16/2009 10:29 AM Total Payment: 2,500.00 #6617 --_ Receipt Number: R0904423 Payee: Amberwood LLG Steven Beck Current Payment Made to the Following Items: Trans Account Cade Description Amount ------------------------------------------------------- ---------------- 5010 000.345.81.00.0007 Environmental Review 500.00 5011 000.345.81.00.0008 Prelim/Tentative Plat 2,000.00 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check 6617 2,500.00 Account Balances Trans Account Code Description Balance Due ------ 3021 ------------------ 303.000.00.345.85 ------------------------------ Park Mitigation Fee --------------- .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.61.00.0009 Final Plat .00 5013 000,345.81.00,0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00,0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000,345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00