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HomeMy WebLinkAboutStaff Report Canyon Terrace Final Plat LUA16-000758DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT HEX Report for Canyon Terrace Plat LUA 16-000758, FP A. REPORT TO THE HEARING EXAMINER DATE: January 19, 2017 Project Name Canyon Terrace Final Plat Owner: Summit Homes of Washington, LLC. Address: 16000 – Christensen Road, Suite 303 Tukwila, WA 98188 Contact: Bryan White, Manager File Number: LUA16-000758, FP Project Manager: Jan Illian Project Summary: A 72-lot residential subdivision with 5 Tracts on a 14.45 acre site, located within King County R-6 zoning classification. Three subdivisions, the Cogger Short Plat (L05S0040), the Fleuve des Voiles Plat (L04P0002), and the Wherman Plat (L04P0027) were submitted to King County Department of Development and Environmental Services (KC DDES) and approved in 2006 and 2007. Before the plats could be constructed, the subject properties were annexed into the City of Renton as a part of the Benson Hill Annexation on March 1, 2008. The subject properties are located in the City’s R-4 zoning however the project is vested to King County’s R-6 zoning designation. On June 24, 2013 the applicant requested a Minor Modification to combine all three approved plats into one subdivision, reduce the number of lots from 77 to 72, add a secondary emergency access from SE 192 Street, realign the internal roadway to accommodate the existing grades on site, provide consistent lot sizes averaging 4,000 square, provide one combined storm facility, remove parcel #3323059010 from the proposed subdivision in order to convey to King County for the placement of the Soos Creek Trail and provide trail connections to the King County Soos Creek Regional Trail. On September 11, 2013 the City approved the modification (LUA13-000840) subject to conditions. Project Location: SE 192nd Street and 124th Ave SE, Section 33, Township 23, Range 05 Site Area: 629,442 SF (14.45 acres) B. EXHIBITS: Exhibit 1: Staff Report dated November 12, 2016 Exhibit 2: Preliminary Plat Hearing Examiner Decision and Exhibits (L05S0040, L04P0002, L04P0027) Exhibit 3: Final Plat Map Exhibit 4: Vicinity Map Exhibit 5: Conditions of Compliance Letter Exhibit 6: Minor Modification Approval dated September 11, 2013 Exhibit 7: Plat Modification Reconsideration Response dated September 23, 2013 City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 11, 2017 Page 2 of 28 HEX Report for Canyon Terrace Plat LUA 16-000758, FP C. FINDINGS OF FACT (FOF): 1. The applicant, Summit Homes of Washington, LLC, filed a request for approval of a 72 - lot final plat. 2. Representatives from various City departments are reviewing the application materials to identify compliance with all conditions of project approval. 3. The subject site is located at 1920 - 97th Ave South. The plat is located in Section 33 Twp.23 Rng.05. 4. The subject site (629,442 SF) is a 14.45 acre parcel. 5. The preliminary plats, Cogger Short Plat L05S0040, the Fleuve Des Voiles Plat, L04P0002, and Wherman Plat L04P0027 received approval from King County on the following dates: Cogger (February 16, 2007), Fleuve Des Vois (January 12, 2007), and Wherman (August 10, 2006). 6. The property is located within the City’s R-4 zoning however the project is vested to King County’s R-6 zoning. 7. The Final Plat complies with both the King County Zoning Code and the Comprehensive Plan. 8. The applicant has complied with the following conditions as a result of the three preliminary plat approvals by the King County Hearing Examiner. A. FLEUVE DES VOILES PRELIMINARY PLAT L04P0002 The preliminary plat of the Fleuve des Voiles subdivision, as revised and received June 30, 2006, is approved subject to the following conditions of approval: i. Compliance with all platting provisions of Title 19A of the King County Code. Response: The combined plat has been prepared in adherence to all procedures of Title IV, Chapter 7 of the RMC. ii. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. Response: Summit Frenchies, LLC is the sole owner of the subject property and will provide signature on the final plat. iii. The plat shall comply with the base density and minimum density requirements of the R -6 zone classification. All lots shall meet the minimum dimensional requirements of the R -6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. Any/all plat boundary discrepancies shall be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 3 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: Lot density and dimension requirements are listed on the cover sheet of the construction documents and on the final plat. Proposed lot dimensions are shown on the final plat drawing prepared by Dowl. iv. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). Response: Following annexation, roads are under the jurisdiction of the City of Renton and have been designed to King County standards with some elements required by the City of Renton as stated in the approved Plat Modification Document (finding #9). Street sections were designed according to the approved sections as also listed in finding #9. Street designs were approved by the City of Renton. v. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. Response: Following annexation, the plat is under the jurisdiction of the Renton Fire Authority. Plans and fire flow were approved by the fire marshal’s office during plan review. vi. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the King County Surface Water Design Manual (KCSWDM) must also be satisfied during engineering and final review. Drainage plans and analysis shall comply with the 1998 KCSWDM and applicable updates adopted by King County and must meet the standards for Level 1 detention and basic water quality standards. DDES approval of the drainage and roadway plans is required prior to any construction. Response: Following annexation, the plat was required to meet the requirements of the 2009 City of Renton Surface Water Design Manual, which provides a more stringent level of flow control than what was previously required under the 1998 KCSWDM. vii. Current standard plan notes and Erosion and Sediment Control notes, as established by DDES Engineering Review, shall be shown on the engineering plans. Response: All current ESC notes and any other items established by the City of Renton review have been included on the approved engineering plans. viii. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." Response: This note has been added on the final plat. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 4 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP ix. A maintenance access easement to King County is required across Lot 2, for maintenance of the Tract B stormwater facility. Response: This tract has been removed as part of the plat modification and associated revised site plan. All drainage facilities have maintenance access roads that meet the requirements of the 2009 City of Renton Surface Water Design Manual. Access to storm facilities has been approved by the City Engineering and Maintenance departments. x. A drainage conveyance pipe is required to allow for offsite stormwater conveyance, between Lots 13 and 14, in general conformance with the conceptual grading and drainage plan submitted. This pipe shall be sized appropriately, per the KCSWDM at engineering plan submittal. Response: The site plan showing these lot numbers in the location referenced has been revised. All conveyance systems on private property, within rights-of-way, easements or dedicated tracts have been designed in accordance with all applicable requirements. xi. The 100-year floodplain for any onsite streams or wetlands shall be shown on the engineering plans and the final plat per Special Requirement 2 of the KCSWDM. Response: The 100-year floodplain for the adjacent stream or wetland is east of the plat boundary; therefore it was not shown on engineering plans or final plat as required by this condition. xii. A drainage adjustment (L06Y0040) is approved for this site. All conditions of approval for this adjustment shall be met prior to approval of the engineering plans. Response: The adjustment listed required that the Fleuve Des Voiles plat provide volume in its surface water facilities to accommodate the Cogger plat. As all three plats, including the Wehrman plat to the north has been combined and drain to a large pond, this condition is satisfied. xiii. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: 124th Ave SE and the internal loop road shall be improved at a minimum to the urban sub access street standard. The stub road to the north, adjoining Lots 6, 7 and 8, shall also be improved at a minimum to the urban sub access street standard. Response: 124th Ave SE and the internal roads have been improved to a standard similar to the urban sub-access, as modified to meet the requirements of the City of Renton. This condition is satisfied. xiv. A land transfer agreement between the applicant and KC Dept. of Natural Resources and Parks has been negotiated for the obtainment of additional Right of Way at the northeast corner of the proposed SE 192nd St/124th Ave SE intersection, required to construct the 124th Ave SE improvements. The necessary right-of- way, which is shown on a Proposed Land Transfer Diagram received June 30, 2006, shall be acquired prior to engineering plan approval. Response: ROW dedication needed for 124th Ave SE is was recorded in 2005 under recording number 2005101700020. In 2008 this became City of Renton right of way as part of the Benson Hill Annexation. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 5 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP xv. Tracts F and H shall be improved at a minimum as private access tracts per Section 2.09 of the KCRS. These tracts shall include curb and gutter section driveway entries. The private access tracts shall be owned and maintained by the lot owners served. Notes to this effect shall be shown on the engineering plans and the final plat. Response: The site plan has been modified subsequent to the initial Fleuve Des Voiles site plan to reflect the revised lot layout. Shared access tracts shown on the new site meet all the requirements listed in the plat modification and all applicable planning and engineering requirements. xvi. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. Response: This condition is not applicable. No variances were proposed during review. xvii. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Response: Following annexation, all utilities within the public right of way were permitted by the City of Renton. This condition is not applicable. xviii. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: All fees have been paid to King County prior to annexation into the City of Renton. All City of Renton mitigation fees related to building permits will be paid at the time of application. This condition is no longer applicable. xix. Off-site access to the subdivision shall be over a full-width improved road which has been accepted by King County for maintenance. If a proposed access road meeting those standards has not been accepted by King County at the time of recording, then said road shall be fully bonded by the applicant of this subdivision. Response: Full width improved road access is provided to the site by 124th Ave SE and by SE 188th Ave. The roads have been approved by both the cities of Renton and Kent. The original intent of this condition is satisfied. xx. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in the applicable version of Chapter 21A.24 KCC (the pre-2005 version). Permanent survey markings and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 6 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: The City of Renton Critical Areas Regulations will be followed. xxi. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. Wetlands a. Class 1 wetland(s) shall have a minimum buffer of 100 feet, measured from the wetland edge. Response: Following annexation, the 100’ buffer remains, but has been averaged in some areas in accordance with the City of Renton critical areas ordinance. The mitigation plan has been approved by the City of Renton. b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). Response: All wetlands are located offsite. All onsite buffers are located in Native Growth Protection Area Tracts. c. A 15-foot building set back line (BSBL) is required from the edge of all Sensitive Area Tracts and shall be shown on all affected lots. Response: City of Renton critical areas setbacks are followed and shown on the affected lots. d. Signage shall be installed along the Sensitive Area Tract boundaries for long term protection and to clearly mark the extent of the tract. Response: Signage will be installed per City of Renton standards. e. Sensitive area tract boundaries shall be clearly marked with bright orange construction and silt fencing prior to construction or site clearing activities. The boundaries shall remain marked until construction is complete. Response: All boundaries have been marked and delineated by high visibility silt fence. f. Road crossings of wetlands and/or buffers maybe allowed per KC 21A.24.330. Construction techniques such as retaining walls maybe required to limit impacts. Allowed impacts shall require mitigation. A final mitigation plan shall be required during engineering review. Response: A mitigation plan was approved during the engineering plan approval. g. Off-site utility construction within wetlands, aquatic areas, or buffers may require additional permits. This will be reviewed and determined during engineering review. Response: Offsite permits for work within aquatic areas have been obtained. h. Wetland hydrology may not be altered either during or after development. A hydrology analysis may be required during engineering review to show how wetland hydrology will be maintained after the site is developed. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 7 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: Wetland hydrology will be maintained after the site is developed. The approved Technical Information Report contains calculations demonstrating that the wetland will have adequate surface discharge to maintain the wetland’s hydrology. i. The engineering plans shall be routed to Critical Areas Staff for review of compliance to the above conditions. Response: Engineering plans were routed to the appropriate City of Renton Current Planning staff and have been approved. Alterations to Streams or Wetlands j. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DDES Senior Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. Response: Wetland impacts including buffer impacts have been reviewed and approved by the City of Renton. The appropriate financial guarantees have been put in place with the City of Renton to obtain plan approval. Geotechnical k. Clearing is not permitted on this site between October 1 and April 1 unless it is in compliance with King County Code 21A.220 (erosion hazard areas). If clearing is proposed during the October 1 through April 1 time period the applicant must delineate all on-site erosion hazard areas on the final engineering plans (erosion hazard areas are defined in K. C. C. 21 A. 06.415). The delineation of such areas shall be approved by a DDES geologist, and the requirements found in K.C.C. 21A.24.220 concerning erosion hazard areas shall be met. Response: Clearing of the site was permitted by the City of Renton during the summer of 2014. Work has continued over the winter and appropriate erosion controls were implemented with the approval of the City of Renton. l. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the road, onsite grading and compaction, subsurface drainage, and all required retaining walls. The geotechnical recommendations shall be included in the T.I.R. and incorporated into the design with submittal of the engineering plans. The report must specifically address any setback requirements for future structures from any proposed retaining walls, and any setback requirements must be shown on the final engineering plans. Any required easements for maintenance of walls or subsurface drainage must also be provided on the final plans. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 8 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: The Geotechnical Engineer of record has provided recommendations, which are included in the Technical Information Report and on the plans where applicable. The final plans show appropriate setbacks where applicable. m. Special geotechnical construction inspection of the road improvements, onsite grading and compaction, subsurface drainage, and any required retaining walls is required. Special construction inspection of the above construction elements is required to ensure compliance with the geotechnical report recommendations and to address unanticipated soil and groundwater conditions. Daily inspection reports shall be submitted to the assigned King County Land Use Inspector during the Construction phases of those improvements. A final construction report shall be submitted verifying compliance with the geotechnical recommendations and providing foundation design parameters for future residential construction. Notes requiring the above shall be shown on the engineering plans. Response: Geotechnical requirements from the City of Renton were followed with plat construction and also with building permit applications. n. Geotechnical special inspection of bearing soils for future home foundations is required. Notes to this effect shall be shown on the engineering plans and the final plat. Response: The City of Renton requires geotechnical investigation with building permit applications. xxii. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. Response: Wetland buffers are designated as “Native Growth Protection Area” tracts on the final plat. xxiii. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 9 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: All boundaries have been marked and delineated by high visibility silt fence and will remain in place until all work along the buffers is completed, the site is finally stabilized, all storm drain system components are functioning and the Notice of Termination is submitted. xxiv. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. Response: Sensitive areas will be addressed per the City of Renton Critical Area requirements. xxv. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of engineering plans. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxvi. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxvii. The development's recreation space may be provided commonly with the adjacent Cogger short subdivision (L05S0040) as proposed and as discussed above, provided that the applicant demonstrates that a single homeowners association (see Condition xxxii below) will be established for both developments and covenants provide for mutual and common use permission. In the event that the Cogger short subdivision is not platted in near concurrency and/or the lots in the subject development are not established in a homeowners association common with those of the Cogger short subdivision prior to or at the time of final plat approval, the subject subdivision shall provide onsite recreation facilities in full conformity with KCC 21A.14.180. Response: This condition is no longer a requirement as the plats have been combined. xxviii. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation space and sensitive area tract(s). Response: A Homeowners Association has been created per City of Renton requirements. xxix. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C.21A.16.050): City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 10 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: The landscape plan, approved by the City of Renton on June 16, 2016 shows street trees with an average of 40 feet on center along all roads. On December 1, 2016, the City inspected and confirmed the landscaping is installed per the approved plan. Landscaping as- built drawings were provided to the City on December 21, 2016. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: Street trees are located within the public right-of-way. The approved landscape plan meets the required spacing from driveways, location requirements, and the 50’ sight distance triangle as shown in King County Road Standard Drawing No. 5-009. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: The plat meets the requirement for the number of street trees required, as measured with an average of 40 feet on center, per the approved landscape plan, inspection, and as-built. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: At time of plantings, the street trees were owned by the applicant. Ownership and maintenance of street trees will be transferred to the City of Renton in accordance with Renton Municipal Code 4-6-060.F.2. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: Tree species are specified in accordance with City of Renton requirements and have been approved by the current planning department. As demonstrated on the landscaping as- built, trees do not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct utilities. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Response: A street tree planting plan have been approved as part of the construction permit engineering plan set. A bond quantity worksheet for roadway improvements was submitted prior to engineering plan approval. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 11 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP xxx. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 124th Avenue SE is on a bus route. If 124th Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. Response: 124th Ave SE is not on the 2014 Metro Transit System – Southeast Area map. The nearest bus stops are located to the north in Fairwood and to the west along Benson Highway. xxxi. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: All street trees have been installed, and inspected by the City of Renton on December 1, 2016. Therefore, a performance bond is not required. A maintenance bond will be posted prior to Final Plat recording. xxxii. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Response: All fees are per the City of Renton fee structure. A landscape inspection was completed on December 1, 2016 by the City of Renton. The fees associated with this inspection are included as part of the construction permit fee. xxxiii. The following have been established by the MDNS under SEPA authority as necessary requirements to mitigate the adverse environmental impacts of this development. The applicant/developer shall demonstrate compliance with these items prior to final plat approval. a. A calculated deficient level-of-service (KCC 14.80.030A) will exist at the horizon year of the development, as calculated by the Applicant's consultant, during the morning peak hour. Until the completion of the northerly connection of the project, through the preliminary plat of Wehrman (DDES File #L04P0028), 100% of the trips from the Fleuve des Voiles project and the associated Cogger Short Plat (L05S0040) will use the access off of Southeast 192nd Street. After completion of the preliminary plat of Wehrman, 20% or more of the Fleuve des Voiles project trips will impact this intersection. Individually, and jointly with the Cogger Short Plat, more than 30 peak hour trips will impact the intersection. Response: As the plats are combined, the potential for a lag between the completion of north and south access points is nullified. This condition is no longer applicable as the northerly connection of the project is already completed. b. In order to mitigate the significant adverse impact (14.80.030A and 14.80.030B) that the proposed development will have at the intersection of Southeast 192nd Street/124th Avenue Southeast intersection, the applicant will construct a traffic signal system at this intersection. This signalization system will be in general conformance with the conceptual signalization submitted to KCDOT on November 8, 2006. This signalization system will be in general conformance with the conceptual signalization exchanged between the City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 12 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Department of Transportation and the Transportation and the Applicant's consultant engineer on/about 27 October 2006, and include all related signalization system appurtenances necessary for the identified signal operation (including a protected/permitted phasing for the westbound left tum), and an advance warning flasher system located to the west of the intersection. These improvements shall be designed to minimize future reconstruction if/when the deferred/cancelled CIP is constructed. Response: The Addendum to the MDNS, dated July 23, 2012, states that the intersection improvements no longer warrant a traffic signal and that they may be controlled by a stop sign. c. If funding is restored by future CIP budgets, AND a portion of the funding source is revised to include MPS fees from development, the developer may be entitled to the MPS credit provisions that were in effect at the time of the determination of a complete application for this subdivision. Response: This is no longer applicable; the intersection improvements are funded by Summit Homes entirely. d. Plans for these improvements shall be submitted to the King County DOT Traffic Engineering Section for review and approval. Response: The intersection has been mostly annexed by the City of Kent. Kent has reviewed and approved plans needed for a Civil Construction Permit. A copy of the approved plans was submitted with the December 21, 2016 final plat resubmittal. King County owns SE 192nd St to a point just east the curb returns on the northeast and southeast corners of the intersection. King County DOT has been notified of the intersection improvements and will be involved in the review of a left turn lane from SE 192nd Street onto 124th Ave SE. Initial applications for this separate left turn lane project have been submitted. xxxiv. To implement former K.C.C. 21A38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of former K.C.C. 2IA38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with former K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to former K.C.C. 21A.38.230.B.4.d.(2). Response: The tree retention plan and associated mitigation has been approved by the City of Renton. Mitigation trees have been approved within the open space. Please see sheet L-100 of the approved landscape plan for the detailed mitigation calculations, as well as the planting locations. xxxv. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 21A.38.230.B.6. Response: All onsite trees are shown to be removed. This condition is not applicable. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 13 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP xxxvi. If the adjacent Wehrman subdivision development (L04P0027) is not completed prior to final plat approval of the subject development, certification shall be provided by the King County Department of Transportation that safe walking conditions are provided for public elementary schoolchildren residing in the subject development, along a reasonably direct and lawful route to their elementary school or, in the alternative, that they are provided with school bus service to the school and safe walking conditions are provided to the pertinent school bus stop. Response: The plats have been combined. In any event, the project requires a safe walking route from the project limits at SE 188th Street, west to 116th Ave SE. This condition is no longer applicable, but its intent is met by the proposal as the applicant has widened the south side of SE 188th St to accommodate pedestrians walking to the school facilities. B. COGGER SHORT PLAT L05S0040 Proposed Short Plat File No. L05S0040, revised and received on June 21, 2006 is approved subject to the following conditions of approval: Title 19A i. Compliance with all platting provisions of Title 19A. of the King County Code Response: The combined plat has been prepared in adherence to all procedures of Title IV, Chapter 7 of the RMC ii. All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. Response: Summit Frenchies, LLC is the sole owner of the subject property and will provide signature on the final plat. iii. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final short plat recording. Response: Following annexation, all utilities within the public right of way were permitted by the City of Renton. This comment is not applicable. Surface Water Management (KCC 9) 2005 King County Surface Water Design Manual (SWDM) iv. The drainage facilities shall meet the requirements of the 2005 King County Surface Water Design Manual (KCSWDM). The facilities shall meet the requirements for Conservation Flow Control and Basic Water Quality menu in the KCSWDM. Response: The entire project is designed to achieve conservation flow control as required by the 2009 City of Renton Surface Water Design Manual. The requirements of this manual are equivalent to or more stringent than the 2005 KCSWDM. v. A drainage adjustment (L06V0040) is approved for this site. All conditions of approval for this adjustment shall be met prior to approval of the engineering plans. This adjustment allows use of an offsite shared drainage facility in the adjoining plat of Flueve Des Voiles L04P0002. This short plat approval is therefore fully dependent on the construction of the above subdivision. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 14 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: The adjustment listed required that the FLEUVE DES VOILES plat provide volume in its surface water facilities to accommodate the Cogger plat. As all three plats, including the Wehrman plat have been combined and drain to a large storm drainage pond, this condition is satisfied. Road Standards (KCC 14) 1993 County Road Standards vi. This short plat is fully dependent on the offsite road construction for the plat of Flueve Des Voiles. Access to the short plat is to be provided to SE 192"d Street through the plat of Flueve Des Voiles. Compliance with Section 1.03(D) of the KCRS is required prior to recording the short plat. Response: The three plats have been combined. This item is no longer applicable. Access roads are required to be complete prior to recording of the final plat. vii. The internal access road (122nd Ave SE) shall be improved to the urban minor access street with sidewalk on one side. Response: All of the internal roads have been improved to a standard similar to the urban sub-access, as modified to meet the higher requirements of the City of Renton. This condition is satisfied. viii. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. Response: A variance has not been proposed. This item is no longer applicable. Health (KCC 13) ix. This project is exempt from further King County Health Department review. However, if improvements are required from the Sewer and/or the Water District, then verification shall be required from said District(s) that the improvements have been bonded and/or installed, prior to final recording of the short plat. Response: Three paper copies, and an electronic version of the Submittal Completion letter issued by Soos Creek Water and Sewer District dated April 27, 2016 was provided with the original final plat application as Enclosure 24. Building and Construction Standards (Title 16) x. The applicant shall comply with all applicable provisions of KCC 16.82. (grading) Response: The approved grading design was prepared in accordance with the City of Renton grading requirements. Fire Code (KCC 17) Section 902 of the 2004 Edition of Uniform Fire Code xi. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main and fire flow standards of Chapter 17.08 of the King County Code. Response: Following annexation, the plat is under the jurisdiction of the City of Renton Fire Department. Plans and fire flow were approved by the fire marshal’s office during plan review. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 15 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Zoning Code (KCC 21 A) Density and Dimensions (KCC 21A.12) xii. All lots shall meet the density and dimensions requirements of the R-6 zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/or do not create additional lots may be approved at the discretion of the Department of Development and Environmental Services. Response: Lot density and dimension requirements are listed on the cover sheet of the construction documents and on the final plat. Proposed lot dimensions are shown on the final plat drawing prepared by Dowl. Street Trees (KCC 21A.16) Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): xiii. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: The landscape plan, approved by the City of Renton (Rocale Timmons) on June 16, 2016 shows street trees with an average of 40 feet on center along all roads. Please see sheet L-100 of the approved landscape plan. An additional copy of the plan approved by the City has been provided to the City on January 18, 2017. On December 1, 2016, the City (Mona Davis) inspected and confirmed the landscaping is installed per the approved plan. Landscaping as-built drawings were provided to the city on December 21, 2016. xiv. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: Street trees are located within the public right-of-way. Drawing No. 5-009 of the King County Road Standards have been submitted to the City on January 18, 2017. The approved landscape plan meets the required spacing from driveways, location requirements, and the 50’ sight distance triangle. xv. If King County determines that the required street trees should not be located within the right- of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: The plat meets the requirement for the number of street trees required, as measured with an average of 40 feet on center, per the approved landscape plan, inspection, and as-built. Additional trees were planted in open spaces to meet the tree removal mitigation requirements. These additional trees are not street trees. This condition does not apply to the mitigation trees in the open spaces. xvi. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: At time of plantings, the trees were owned by the applicant. Ownership and maintenance of street trees is now per the City of Renton requirement to have the City own the trees. The replacement trees are including in Tracts I, J, K (open space tracts) and L (NGPA). “Pl at Notes” #6, on She et 2 of the proposed final pl at map, submitted on December 21, 2016 states: Tracts “I”, “J”, and City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 16 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP “K” are designated as open space tracts and are hereby conveyed to the Canyon Terrace Homeowners Association for Ownership and Maintenance. “Plat Notes” # 7, on Sheet 2 of the proposed fin al plat map, submitted on December 21, 2016 states: Tract “L” is designated as a Native Growth Protection Area and is hereby conveyed to the Canyon Terrace Homeowners Association for Ownership and Maintenance. All tracts within the plat are owned by the HOA. xvii. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: Tree species are specified in accordance with City of Renton requirements and have been approved by the Planning Division. As demonstrated on the landscaping as-built, trees do not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct utilities. xviii. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. Response: The City does not require this item; however, all plantings have been specified in to meet the City of Renton planting requirements. All street trees have been installed and inspected. The city will maintain the street trees, per city standards. xix. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: All street trees have been installed and inspected. The city will maintain the street trees, per city standards. Road Mitigation Payment System The applicant or subsequent owner shall comply with Road Mitigation- Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: xx. Pay the MPS fee at final short plat recording, or (B.) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County code 14.75, Mitigation Payment System (MPS) have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. Response: All fees have been paid to King County prior to annexation into the City of Renton. All City of Renton mitigation fees related to building permits will be paid at the time of application. This condition City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 17 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP is no longer applicable as the County does not charge MPS fee and administration fee for construction in incorporated areas. xxi. A homeowner's association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the Tract A (recreation space) and shall be coordinated with the homeowner's association of the Plat of Fleuve Des Voiles File No. L04P0002. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxii. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DOES and King County Parks prior to or concurrent with the submittal of engineering plans. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxiii. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxiv. A homeowners' association or other workable organization shall be established to the satisfaction of DOES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: A homeowners association has been created per the City of Renton requirements. xxv. The applicant shall also meet those conditions established under the Plat of Fleuve Des Voiles File No. L04P0002, where the recreation space will be shared with both the plat and short plat. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. C. WEHRMAN PRELIMINARY PLAT L05S0040 Proposed Short Plat File No. L05S0040, as revised and received April 19, 2006, is approved subject to the following conditions of approval: i. Compliance with all platting provisions of Title 19A of the King County Code. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 18 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: The combined plat has been prepared in adherence to all procedures of Title IV, Chapter 7 of the RMC. ii. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. Response: Summit Frenchies, LLC is the sole owner of the subject property and will provide signature on the final plat. iii. The plat shall comply with the base density and minimum density requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environment Services. Response: Lot density and dimension requirements are listed on the cover sheet of the construction documents and on the final plat. Proposed lot dimensions are shown on the final plat drawing prepared by Dowl. iv. Any/all plat boundary discrepancy shall be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. Response: All boundary issues have been resolved. v. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). Response: Following annexation, roads are under the jurisdiction of the City of Renton and have been designed to King County standards as stated in the approved Plat Modification Document (finding #9). Street sections were designed according to the approved sections as also listed in finding #9. Street designs were approved by the City of Renton. vi. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. Response: Following annexation, the plat is under the jurisdiction of the City of Renton Fire Department. Plans and fire flow were approved by the fire marshal’s office during plan review. vii. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 19 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. Response: The entire project is designed in accordance with the 2009 City of Renton Surface Water Design Manual. The requirements of this manual are equivalent to or more stringent than the 1998 KCSWDM. viii. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. Response: All current ESC notes and any other items established by the City of Renton review have been included on the approved engineering plans. ix. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings #_____ on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." Response: Notes on the final plat are per the City of Renton requirements. x. The drainage detention facility shall be designed to meet at a minimum the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). Response: All three plats have been combined and drain to a large pond, which meets 2009 RSWDM equivalent to the KCSWDM level 2 flow control. This condition is satisfied. xi. Storm drain stubs for future connection shall be provided along the west property line in general conformance with the Preliminary Grading and Storm Drainage Plan received April19, 2006, unless otherwise approved by DDES. Response: A storm drain stub along the western property line at the end of Road D is provided to allow for discharge from the adjacent property’s flow control facilities. This location is the only location required to provide for future connection. All other adjacent properties will drain to the locations identified in the approved TIR and as shown on the approved storm drainage plan sheets. xii. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the proposed site grading, road design, rock or retaining walls and drainage detention facility design. The geotechnical engineer shall evaluate the site for potential groundwater seeps and provide design recommendations to address groundwater found. The geotechnical recommendations shall be included in the T.I.R. and incorporated into the design with submittal of the engineering plans. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 20 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: All of these recommendations have been provided in the Geotechnical report, which is included in the approved TIR. Recommendations have been implemented into the design. xiii. Special geotechnical construction inspection of the site grading, road construction, rock or retaining walls and drainage facility, is required to ensure compliance with the geotechnical recommendations. Inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. Response: Geotechnical inspections are per the City of Renton requirements. xiv. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban sub access street standard. A temporary turnaround shall be provided at the south end of Road A. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006, unless otherwise approved by DDES. It is intended that this improvement will match the proposed road improvements for the plat of Fleuve des Voiles File L04P0002. Response: All of the internal roads have been improved to a standard similar to the urban sub- access, as modified to meet the requirements of the City of Renton. As the three plats have been combined and access will be completed to both SE 188th St and SE 192nd St prior to occupancy, this condition no longer applies, but its original intent will be satisfied. b. FRONTAGE and OFFSITE: The frontage and offsite portion of SE 188th Street from the west property boundary west to the existing road pavement shall be improved at a minimum to the urban half-street standard. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006. Other designs for this frontage and offsite improvement may be considered, as approved by DDES. Response: SE 188th St has been improved to match the pavement width section of the existing stretch of SE 188th St as it continues west. This section has (2) 10’ drive lanes and a sidewalk on one site. c. Offsite Walkway Improvements: These walkway improvements shall be designed in general conformance with the conceptual school walkway plan submitted April 19, 2006, unless otherwise approved by DDES as providing sufficient safe walking conditions for resident schoolchildren to their pertinent bus stops/schools. These improvements shall include any necessary grading and storm drainage work necessary to either tight-line the abutting roadside ditches or relocate the ditches within existing right-of-way. SE 188th Street (120th Avenue SE to match into the above ½-street improvement near the west plat boundary) shall be widened to provide and eight (8) foot wide paved shoulder along the south side of the street. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 21 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: An 8- foot wide paved shoulder including the required storm drainage along SE 188th St to the west of the plat boundary has been approved and constructed as part of the construction permit. d. SE 188th St (116th Ave SE to 120th Ave SE) shall be widened to provide a minimum 16 -foot wide paved surface as measured from the construction centerline. This will provide an 11- foot wide travel lane and a 5-foot wide paved shoulder. Response: The approved plans include the addition of pavement to provide a 16-foot wide paved surface. e. 120th Ave SE (SE 188th St to SE 184th St.) shall be widened to provide a minimum 16 -foot wide paved surface as measured from the construction centerline. This will provide an 11- foot wide travel lane and a 5-foot wide paved shoulder. Response: The Renton School District has stated that school children from this plat will walk to one of two bus stops along SE 188th treet and will not walk to the bus stop at the intersection of SE 184th St and 120th Ave SE as it is farther away. This condition states that this requirement may be omitted if it can be demonstrated that it provides safe walking conditions for children to their pertinent bus stops. Email confirmation of this was provided to Mead & Hunt, Inc., by Helen Shindell–Butler of the Renton School District on December 4, 2014. f. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. Response: Variance(s) have not been proposed. This condition is satisfied. g. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Response: Following annexation, all utilities within the public right of way were permitted by the City of Renton. This comment is not applicable. xv. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either; (I) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: All fees have been paid to King County prior to annexation into the City of Renton. All City of Renton mitigation fees related to building permits will be paid at the time of application. This condition is no longer applicable. xvi. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in K.C.C. 21A.24. Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 22 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. Response: Sensitive areas will be marked and fenced per the City of Renton Critical Area requirements. xvii. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. Wetlands a. The Class 1 wetland shall have a minimum buffer of 100 feet, measured from the wetland edge. The wetland and its respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. Response: Following annexation, the 100’ buffer remains, but has been averaged in some areas in accordance with the City of Renton critical areas ordinance. Streams b. The Class 2 stream used by salmonids shall have a minimum 100-foot buffer, measured from the ordinary high water mark (OHWM). The stream(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. Response: The class 2 stream is significantly farther than 100’ from the project. It is located several hundred feet to the east of the wetland’s edge. Building setbacks are shown 15’ from the edge of the native growth protection area tract. Alterations to Streams or Wetlands c. If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from those alterations will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DDES Senior Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be implemented prior to final inspection of the plat. Response: Proposed wetland and buffer impacts were approved following completion of the financial guarantee. The financial guarantee includes money to cover the costs of installation as well as monitoring and maintenance for a period of five years. Geotechnical d. The applicant shall delineate all on-site erosion hazard areas on the final engineering plans (erosion hazard areas are defined in K.C.C. 21A.06.415). The delineation of such areas shall be approved by a DDES geologist. The requirements found in K.C.C. 21A.24.220 concerning erosion hazard areas shall be met, including seasonal restrictions on clearing and grading activities. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 23 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: No erosion hazard areas were defined by the geotechnical engineer. The geotechnical engineer did provide temporary and permanent slope recommendations in the report, which has been submitted to the City of Renton. The City of Renton did provide guidance on seasonal erosion control practices, which have been implemented by the contractor to the satisfaction of the City of Renton inspector. xviii. The following note shall be shown on the final engineering plan and recorded plat: . RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. Response: Wetland buffers are designated as “Native Growth Protection Area” tracts on the final plat. xix. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. Response: All boundaries have been marked and delineated by high visibility silt fence and will remain in place until all work along the buffers is completed, the site is finally stabilized, all storm drain system components are functioning and the Notice of Termination is submitted. xx. No building foundations are allowed beyond the required 15.foot building setback line, unless otherwise provided by law. Response: Sensitive areas will be addressed per the City of Renton Critical Area requirements. xxi. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of engineering plans. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 24 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxii. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: This condition has been nullified by the Plat Modification Reconsideration Response dated September 23, 2013. This document strikes condition #6 (Requirement for recreation space) from the project conditions. xxiii. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: A homeowners association has been created per the City of Renton’s requirements. xxiv. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: The landscape plan, approved by the City of Renton on June 16, 2016 shows street trees with an average of 40 feet on center along all roads. On December 1, 2016, the City inspected and confirmed the landscaping is installed per the approved plan. Landscaping as- built drawings were provided to the City on December 21, 2016. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: Street trees are located within the public right-of-way. The approved landscape plan meets the required spacing from driveways, location requirements, and the 50’ sight distance triangle as shown in King County Road Standard Drawing No. 5-009. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: The plat meets the requirement for the number of street trees required, as measured with an average of 40 feet on center, per the approved landscape plan, inspection, and as-built. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 25 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: At time of plantings, the street trees were owned by the applicant. Ownership and maintenance of street trees will be transferred to the City of Renton in accordance with Renton Municipal Code 4-6-060.F.2. e. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: Tree species are specified in accordance with City of Renton requirements and have been approved by the current planning department. As demonstrated on the landscaping as- built, trees do not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct utilities. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Response: A street tree planting plan have been approved as part of the construction permit engineering plan set. A bond quantity worksheet for roadway improvements was submitted prior to engineering plan approval. xxv. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 188th Street in the subject area is on a bus route. If SE 188th Street in the subject area is on a bus route, the street tree plan shall also be reviewed by Metro. Response: 124th Ave SE is not on the 2014 Metro Transit System – Southeast Area map. The nearest bus stops are located to the north in Fairwood and to the west along Benson Highway. xxvi. The street trees must be installed and inspected, or a performance bond posted, prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: All street trees have been installed, and inspected by the City of Renton on December 1, 2016. Therefore, a performance bond is not required. A maintenance bond will be posted prior to Final Plat recording. xxvii. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. Response: All fees are per the City of Renton fee structure. A landscape inspection was completed on December 1, 2016 by the City of Renton. The fees associated with this inspection are included as part of the construction permit fee. xxviii. To implement K.C.C. 21A.38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 26 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP engineering plans) shall be consistent with the requirements of K.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.230.B.4.d.(2). Response: The tree retention plan and associated mitigation has been approved by the City of Renton. xxix. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 21A.38.230.B.6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) Response: All onsite trees are shown to be removed. This condition is not applicable. D. City of Renton – Summit Homes Modification Reconsideration Response i. Expiration Date: The approval received for the Fleuve de Voiles Preliminary Plat (LUA09- 052/L04P0002) was originally set to expire on January 12, 2015. The Cogger Short Plat (LUA09- 016/LOSS0040) was set to expire on February 16, 2015. The Wehrman Preliminary Plat (LUA09- 025/L04P0027) was set to expire on August 10, 2014. As part of the requested modification to combine all three plats into one subdivision the applicant requested a merger of all of the expiration dates into the latest expiration date (Cogger). Staff was in support of a merged expiration date for the combined application and noted an expiration date of February 16, 2015 which did not reflect the 10-year allowance per SHB 1074 for Preliminary Plat expiration periods. The Cogger Short Plat would not.be eligible for this expiration allowance as it is a short plat. However, the Flueve de Voiles Preliminary Plat is entitled to a 10-year expiration period resulting in an expiration date for the modified plat at January 12, 2016. Response: Acknowledged. Summit Frenchies, LLC seeks to record the final plat during late 2016. Most recently, the City has extended the plat expiration to January 17, 2017. ii. Recreation: Per KCC 21A.14 residential subdivisions, more than four units, developed at a density of eight units or less per acre, are required to provide 390 square feet of recreation space on-site. A 72 lot proposal would require 28,080 square feet of recreation space. The reconsideration request outlines the provision of trail connections to Soos Creek Regional Trail as well as passive recreation space throughout the site. As a result, the applicant is requesting that Condition #6 be eliminated. Staff concurs that the provision of two trail connections to the Soos Creek Regional Trail system and the passive recreation throughout the plat meets the intent of the required recreation space and Condition #6 would be eliminated. Response: Two trail connections are provided and are indicated on the final plat drawings. iii. The applicant has drawn attention to a number of scrivener errors in the decision. Specifically, there were references related to: a. Project location: The project location was incorrectly noted as southeast o f 162nd Avenue SE and SE 140th Street (Page 1). City of Renton Department of Community & Economic Development Hearing Examiner Recommendation Canyon Terrace Final Plat LUA16-000758, FP January 19, 2017 Page 27 of 28 HEX Report for Canyon Terrace LUA 16-000758, FP Response: Acknowledged. b. Trail Connections: The trail connections were incorrectly conditioned to be extended to the westerly boundary (Page 5). Response: Acknowledged. c. Wetlands: The project description incorrectly made reference to wetlands on the subject site (Page 1). Response: Acknowledged. The only wetland near the site is the large wetland at the valley floor. d. Optional Sidewalk: The road layout section of the approved modification notes that an optional 5-foot sidewalk would be provided on the opposite side of the sidewalk (Page 3). Response: The optional sidewalk will be omitted on all roads except Road A, where it is required to provide access to homes on lots 38-54. These homes will have stairs providing access to Road A. e. Stormwater Discharge Location: The discharge for the primary stormwater facility would not be limited to the central portion of the eastern edge of the property (Page 4). Response: The primary discharge location is to the pond at the central portion of the eastern property line; however, there are additional discharge locations. 124th Ave SE discharges to locations near SE 192nd St, while lots 59-70 discharge via dispersion to the north of the pond. f. Stormwater Detention: The detention and treatment for the portion of the roadway that could not be captured by the onsite vault would not be limited to being captured in SE 192nd St (Page 4). Response: The portion of the roadway (124th Ave SE) that cannot be captured, discharges to the downhill side of the roadway/Soos Creek Trail prism and into the buffer. The portion of the project that discharges to SE 192nd St is located within the City of Kent. The overall intent and result is that natural drainage patterns be maintained. iv. The Summit Homes Preliminary Plat minor modification, Project Number LUA13-000840, MOD is approved, and will expire on January 12, 2016, and is subject to the following conditions of approval: Prior to the application for the Final Plat, 3 full size copies and a 8-1/2 x 11 inch reduction of a final plat plan shall be submitted to the Planning Division project manager. Response: The final plat is being submitted. v. The applicant is advised that all code requirements and conditions of plat approval are still applicable to the development of the site in addition to mitigations measures issued as part of the SEPA. The applicant should also understand that Environmental SEPA Review may be required for future modifications to the plat plan.