Loading...
HomeMy WebLinkAboutLUA-07-055_MiscAMANDA SHORT PLAT BUFFER ENHANCEMENT CONSTRUCTION EARIl -PI ANIING GHIERAI CONDiTIONS In the wetland buffer area, the Contractor shall remove weedy or ex()t~"-U1lv~ Scot's broom, English ivy, Himalayan and evergreen blackberry, reed can",-v71_ loosestrife, hedge bindweed (morning glory), Japanese knotweed, Canada nightshade) by manual means (as approved by the City of Renton) prior to plant iin stl~tioin. Contractor shall verify that plant installator conditions are suitable within the buffer enhancement area. Any unsatisfactory conditions shall be corrected prior to start of work. Remove all gravel, asphalt, concrete or other non-organic debris, repair adverse drainage conditions, preserve significant vegetation and rotify AOA prior to planting. Beginning of work constitutes acceptance of conditions as satisfactory. Plants installed in undisturbed areas shall be integrated with existing native vegetation, and planted in a random, naturalistic pattern. CONIRACillR ill VERIFY PI ANT SCHEDULE WITH PI AN Contractor is responsible to verify plant locations and quantities of plants on the Plant Schedule with those represented on the plan (Drawings W1.1 and W2.1). Actual plant quantities shown on plans are to prevail over quantities shown on the Plant Schedule in the event of a discrepancy. LQCATE/STAKEIVERIFY PI ANTING AREAS Contractor shall field locate, stake, and verify planting areas and configurations prior to planting. AOA shall review and approve locations prior to planting. Proposed locations of trees and shrubs shall be staked and identified with an approved coding system or by placement of the actual plant material. For large groupings of a single species of shrub, Contractor may stake the planting boundaries. AOA shall review and approve locations of all plants and plant groupings prior to planting. APPROVE PI ANTING I OCATIOi'J£iAt1[) SPACING Planting locations shown on planting plans are approximate, based on anticipated site conditions. Actual planting locations may vary from those shown due to final site conditions and locations of existing vegetation. Nevertheless, any variations from the planting plan will reqUire prior approval by AOA. AMANDA SHORT PLAT -10/30107 -MITIGATION SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES Plant spacing for species listed is to be random (naturalistic), and not in a regular grid pattern. On-center spacing called out on plant list indicates an average spacing djmension. For example, when the plan calls for 36" O.C., spacing shall vary from 30"-42" O.c., with an average spacing of 36 inches. AOA shall review planting locations and spacing prior to plant installation. f'l\RT 2 -PLANT MATERIAL STANDARDS fLANT MATERIALS AOA shall examine plant material prior to planting. Any material not meeting the required specifications shall be immediately removed from the site and replaced with like material that meets the required standards. Plant material shall meet the requirements of State and Federal laws with respect to plant disease and infestations. Inspection certificates, required by law, shall accompany each and every shipment and shall be submitted to AOA upon Contractor's receipt of plant material. Plant materials shall be locally grown (western WA, western OR. or western BC). healthy. bushy. in vigorous growing condition. and be guaranteed true to size, name. and variety. If replacement of plant material is necessary due to construction damage or plant failure within one year of installation. the sizes. species. and quantities shall be equal to specified plants. as indicated on the plans. Plants shall be nursery grown, well-rooted. of normal growth and habit. and free from disease or infestation. AOA reserves the right to reqUire replacement or substitution of any plants deemed unsuitable. Trees shall have uniform branching. single straight trunks. (unless specified as multi-stemmed). and the central leader intact and undamaged. Balled and burlapped stock shall have been root- pruned at least once within the p,revious two years, and the plant stock shall have been grown in a container for at least one full growing season. Container stock shall be fully rooted but not root-bound. Plant material with damaged root zones or broken root balls will not be accepted. Coniferous trees shall be nursery grown. full and bushy. and with uniform branching and a natural non-sheared form. Original central leader mcst be healthy and undamaged. Maximum gap between branching shall not exceed 9". and length of top leader shall not exceed 12". Shrubs shall have a minimum of three stems and shall be a minimum height of 18 inches. Contractor shall submit documentation that specified plant materials have been ordered and secured. A list of supplier names. addresses. phone numbers and the storage/growing location of the materials shall be submitted to AOA within 30 days of contract award. AMANDA SHORT PLAT -10/30107 -MITIGATION SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 2 SIJ BSTLWllDl'1S Substitutions of specified plant species, size, or condition will be allowed only if prior written approval is obtained by AOA and regulatory agencies prior to ordering material. Bareroot stock of equal size to specified container or B&B plantings may be substituted for deciduous container or B&B plantings when available, but only with prior approval by AOA. Evergreen plant material shall be container or B&B. VERIFY NURSERysmCK CONDITION AOA shall inspect plant material at the job site. including previously tagged trees, for compliance with required standards for plant size and quality prior to planting. This includes, but is not limited to, size and condition of rootballs and rootsystems, presence of insects, latent injuries and defects. Trees must be untied and separated for inspections. AOA reserves the right to refuse any/all plant material any time prior to final acceptance if it is determined that such material does not meet the specifications as described herein. Rejected material shall be immediately removed from project site. VEEJFY STORAGE SITE ANI2MEIHOD Plants shall be stored in a manner necessary to support their horticultural requirements. Plant material stored on-site shall be protected from \",eather damage, construction activity and the public. Balled and burlapped material which cannot be installed immediately shall be "heeled-in" to prevent desiccation prior to planting. Rootballs shall be protected by covering with moist soil, mulch or sawdust and watered as necessary. Plant specimens shall be kept moist and shaded until the actual time of plant installation. Immediately after planting, soils in the planting area shall be saturated to prevent capillary stress. PART 3 -PLANT INSTALLATION SOil PREPARATION/AMENDMENTS Prior to installation of plantings, all construction debris and any other non-native material shall be removed from the buffer enhancement area(s). Trees and shrubs shall be pit planted as shown in details on Sheet W2.1. A soil moisture retention agent (polymer) shall be included in planting backfill per manufacturer's specification (see General Planting Installation Notes on Sheet W2.1). Planting pits shall be backfilled with a 70/30 mixture of imported, weed-free topSOil and the native soil from the planting pit. AMANDA SHORT PLAT -10/30/07 -MITIGATIOI~ SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 3 5QJLMQISIURE RETElillON AGENT SoilMoist, or eqUivalent, shall be added to the topsoil backfill of all planting pits. The Soil Moist shall be hydrated before being added to topsoil backfill. Manufacturers recommended application rates and usage shall be followed. MllLCH A 3" layer of medium course bark mulch shall be ~Iaced around the base of each new tree (36" dia. ring) and shrub planting (24" dia. ring) for erosion, weed control, and moisture retention. ST6KING Trees shall be staked with at least one stake and attached at a height of approximately 3/4 the height of the tree (see Sheet W2.1). Contractor shall remove stakes at the end of the one- year guarantee period, unless otherwise directed by AOA. INSTAll SPllI,KAlL£E.U..CE.AUD_51GNS Contractor shall construct split-rail fence per Detail 1 on Sheet W2.1 at location(s) depicted on sheet W1.1. AOA shall approve fence location prior to construction. Contractor shall install sensitive area signs (aer Details 2 and 3 on Sheet W2.1) after fence construction. Signs shall be designed by AOA and approved by the City of Renton. EESTORE EXISTING NATURAl OR I ANDSCAr'EQ AREAS Existing natural or landscaped areas that are damaged during construction shall be restored to their original condition, unless improvements or modifications are specified for those areas. Contractor shall exercise care to protect from injury to trunk, roots, or branches, of any trees or shrubs that are to remain. Any living woody plant that is damaged during construction shall be treated within 24-hours of occurrence. AO/\ shall be notified immediately of incident. "Wound shaping" to include evenly cutting broken branches and damaged tree bark. AOA shall be notified, and Contractor shall prune wounded portions of plant immediately after damage occurs. Injured plants shall be thoroughly watered and additional measures shall be taken, as appropriate, to aid in plant survival. ClEAN-IJP Contractor shall be responSible for the rerrovaI of construction materials and debris on the site following installation of plant materials. E'AKTA--FINALACCEPTANCE ELAUIWARRANTY Contractor's warranty shall include replacement of plants (same size and species shown on the drawings) that prove either to be mislocated or unsuitable as to plant material standards. Except for loss due to exceSSively severe climatological conditions (substantiated by 10-year AMANDA SHORT PLAT -10/30107 -MITIGATION Sr~ECIFICATIONS -ALTMANN OLIVER ASSOCIATES 4 recorded weather charts). installed plant materials are required to be guaranteed for one year against defects and unsatisfactory growth. except for cases of neglect by Owner or abuse/damage by others. Plants replaced shall be reinitiated under plant guarantee conditions. Any changes or modifications to this plan must receive prior approval from AOA. FINAl ACCEPTANCE Upon completion of planting. the Contractor shall provide AOA with a set of clearly marked prints designating the actual locations of plantings within the buffer enhancement area(s). Contractor shall keep a complete set of prints at the job site during construction for the purpose of "red-lining" changes or modifications to the approved plans and shall update said information on a daily basis. AOA shall approve planting locations. If items are to be corrected. a punch list shall be prepared by AOA and submitted to the Contractor for completion. After punch list items have been completed. AOA shall review the project for final acceptance of plan implementation. The date of final acceptance shall constitute the beginning of the one-year plant guarantee period. MAINTENANCE Contractor shall review landscape maintenance recommendations with a qualified wetland biologist from AOA who is familiar with the stated goals and objectives of the buffer enhancement plan. Contractor shall maintain trees and shrubs, as needed. for a period of one year from final acceptance. to maintain healthy growth and habitat diversity, including a) tighten and repair tree stakes. b) reset plants to proper grades and upright pOSitions. and c) correct drainage problems as required. Contractor shall be responsible for watering p'ants immediately upon installation. and again over the entire planting area upon completion of landscape installation. Hand watering is required within the buffer enhancement area(s) for at least two growing seasons following planting to ensure adequate plant establis:1ment. Owner shall provide adequate irrigation for the first two growing seasons after plant instaliation. Ccmtractor shall remove tree stakes and guy wires two years after installation unless receiving written permission from AOA to remove stakes and guy wires one year after installation. Contractor shall correct erosion and drainage problems as required. AMANDA SHORT PLAT -10/30107 -MITIG.ATION SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 5 • Contractor shall remove silt fencing upon receiving written permission to do so by AOA, usually one year after the City of Renton has approved the buffer enhancement construction. Restore the area by hand seeding with seed mix consistent with that used on adjacent planted areas. Upon completion of the one year maintenance, an inspection by AOA shall be conducted to confirm that the buffer enhancement area was properly maintained. If items are to be corrected, a punch list shall be prepared by and submitted to the Contractor for correction. Upon correction of the punch list items, the project shall be reviewed by AOA for final closeout of plan implementation. AMANDA SHORT PLAT -10/30107 -MITIG;\TlON SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 6 AMANDA SHORT PLAT BUFFER ENHANCEMENT MAINTENANCE, MONITORING & CONTINGENCY SPECIFICATIONS PART1-ONE-YEAR WA~IE01AINTENANCE As part of the construction budget for the project, the landscape contractor shall maintain the enhancement work during construction and for a period of one-year after construction. Maintenance shall be conducted according to section 4 below and pursuant to Renton Municipal Code 4-8-120D23e and 23f to clearly ensure that structures, improvements and enhancement perform satisfactorily for a period of 5 years. After warrantee replacements are completed by the Landscape Contractor, the remaining 4 years of maintenance shall be completed as part of the long-term maintenance and monitoring budget. PART 2 -LONGcTERM MQtillDKIN&& MAINTENANCE SCHEDULE The monitoring and maintenance prograr1 will be conducted for a period of five years, with quarterly reports submitted to the City of Renton for the first year after construction acceptance and annual reports submitted for Years 2-5. Although the entire enhancement area wil! be reviewed, permanent vegetation sampling plots will be established at selected locations to incorporate all of the representative plant communities. The same monitoring points will be re-visited each year with a record kept of all plant species found. Vegetation will be recorded on the basis of relative percent cover of the dominant species within the vegetative strata. Photo-points will be established from weich photographs will be taken throughout the monitoring period. These photographs will docume1t general appearance and progress in plant community establishment in the enhancement area. Review of the photos over time will provide a visual representation of success of the enhanceme1t plan. PART 3 -GOAl OB.JECTIYES AND PERFORMANCE STANDARDS FOR MONITORING The primary goal of the enhancement plan is to replace the buffer functions lost from the proposed development. To meet this goal, the following objectives and performance standards have been incorporated into the design of the plan: 31 -DB, I ECTIYE A Increase the structural and plant species diversty within the enhancement area. AMANDA SHORT PLAT -10/30107 -MITIGATION SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 7 3.2 -PERFORMANCE STANDARD FOR OBJECTIVLil Following every monitoring event for a period of at least five years, the enhancement area will contain at least 6 native plant species, Following each monitoring event, there will be at least an 80% survival rate of all initially planted tree and shrub species or eqUivalent replacement of a combination of planted and re-colonized native species. 3.3 -DB. IECTIVE B Limit the amount of invasive and exotic species within the enhancement area. 3.4 -PERFORMANCE STANDARD FOR OBJECTIVE B After construction and following every monitoring event for a period of at least five years, exotic and invasive plant species will be maintained at levels below 151, total cover in all planted areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, reed canarygrass. morning glory, Japanese knotweed, English ivy, thistle, and creeping nightshade. PART 4 -LONG-TERM MAINTENANCE SPECIFICAIJONS Maintenance will be conducted on a routine, year round basis. Additional maintenance needs will be identified and addressed following a twice-yearly maintenance review. Contingency measures and remedial action on the site shall be implemented on an as-needed basis at the direction of the wetland consultant or the owner. 41 -WEED CONTEOL Routine removal and control of non-native and other invasive plants (e.g., Scot's broom, reed canarygrass, Himalayan and evergreen blackberry, Japanese knotweed, English ivy, morning glory, thistle and creeping nightshade) shall be performed by manual means whenever possible. Chemical means (Rodeo or Roundup) will only be used if necessary. Undesirable and weedy exotic plant species shall be maintained at levels below 15% cover within any given stratum at any time during the five-year monitoring period. The following outlines treatment for specific species. 42 -REED CANARYGRASS CONTROL Areas with reed canarygrass patches 3' x 3' or smaller need to be hand-grubbed. Patches greater than 3'x 3' shall be treated with a two-step process. 1. Areas shall be weed-whacked and selectively sprayed with Round-up only in designated spray areas (non-ponded areas). Spraying shall be done at a time when a dey period of one week or more is forecasted. 2. Areas shall be staked with cuttings (see Staking List and Staking Specifications below). During April 1 through November 3D, one-gallon plants (mirimum height of 18") shall be used in place of cuttings. AMANDA SHORT PLAT -10/30/07· MITIGATION SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 8 4.3 -HIM&6J'6j\LA1.JD_EIfERGREEN BLACKBERRY CONTROL Small patches (areas <3' x 3') need to be grubbed out, large areas (>3' x 3') need to be cut down. New shoots (approx. 6" in height) which ,eappear should be spot-sprayed with Round-up concentrate. 44 -ST6KING liST (FROM WEno DRY) Black twinberry (Lonicera involucrata), Scouler willow (Salix scouleriana), Black cottonwood (Populus trichocarpa) LJ:5=5TAKI NG S£EGlflCbTIONS Cuttings can be purchased or gathered from approved mature sources. Cuttings shall be installed at l' O.C. spacing over the infe0ted reed canarygrass areas and extending 2' in each direction, unless otherwise speCified. Cuttings shall be 2-year old wood, 4'Iength, 1/2" diameter, with all side branches removed and instailed to a minimum depth of 12 inches. 46-MAINTENANCE OF TREES Routine maintenance of planted trees shall be performed. Measures include resetting plants to proper grades and upright positions. Tall grasses shall be weeded at the base of plants to prevent engulfment. Weed control should be performed by; hand removal, installation of weed barrier cloth with mulch rings, or selective weed-whacking. If weed-whacking is performed, great care shall be taken to prevent damage to desired native species either planted or re-colonized. 47 -pRIJNING OF WOODY P16tll5 Woody plants shall only be pruned at the direction of the wetland consultant or to remove pest infestations (i.e., tent caterpillar). PART 5 -CONTINGENCY PI AN All dead plants will be replaced with the same species or an approved substitute species that meets the goal of the mitigation plan. Plant material shall meet the same specifications as originally-installed material. Replanting will not occur until after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shadelsun conditions, wildlife damage, etc.). Replanting shall be completed under the direction of the wetland consultant, City of Renton, or the owner. AMANDA SHORT PLAT -10/30107 -MITIG/\TIO,", SPECIFICATIONS -ALTMANN OLIVER ASSOCIATES 9 RETURN ADDRESS: W.H. Hughes, Jr. Company Inc. clo Wilford H. Hughes, Jr. 14401 Issaquah-Hobart Rd. SE, Suite 130 Issaquah, WA 98027 WASHINGTON STATE RECORDER'S Cover Sheet (RCW65.04) DOCUMENT TITLE(S) (or transactions contained therein): Maintenance Agreement and Declaration of Covenants for the Amanda Court Short Plat REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: nla GRANTOR(S) (Last name first, then first name and initials) W.H. Hughes, Jr. Company Inc. GRANTEE(S) (Last name first, then first name and initials) Public LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) Portion of Tract II, Black Loam Five Acre Tracts, Section 15, T23N, R5E, W.M. Additional legal description is on Page 2 of document ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER Grantor: 0847100075 Grantee: Tax parcel numbers for individual lots to be assigned. Amanda Court Maintenance Agreement and Declaration of Covenants Page I of17 MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS FOR THE AMANDA COURT SHORT PLAT THIS MAINTENANCE AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RESERVATIONS FOR THE AMANDA COURT SHORT PLAT (the "Declaration'') is made by W.H. HUGHES JR COMPANY INC. ("Declarant") as of this __ day of October, 2007. RECITALS Declarant is the owner of certain real property (the "Property") located in the City of Renton, King County, Washington, described as: The South Half of Tract II, Black Loam Five Acre Tracts, according to the plat thereof recorded in Volume 12 of Plats, page 10 I, records of King County, Washington; Except the West 200 feet of the South 125 feet thereof. Declarant wishes to suqject the Property to this Declaration. NOW, THEREFORE, Declarant declares that the Property subject to all restrictions and easements of the Plat, shall be held, transferred, sold, conveyed, leased, used and occupied subject to the covenants, conditions, restrictions, easements, and reservations hereinafter set forth which are for the purpose of protecting the value and desirability of and which shall touch and concern and run with title to the Property and which shall be binding on all parties having any right, title, or interest in the Property or any portion thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of each owner thereof. Amanda Court Maintenance Agreement and Declaration of Covenants Page 2 ofl7 · . ARTICLEl DEFINITIONS 1.1 Words Defmed. The following words, when used in this Declaration or in any subsequent amendments hereto (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Building" shall mean any Structure used or intended for supporting or sheltering any use or occupancy. 1.1.2 "Construction" and "Constructed" shall mean any construction, reconstruction, erection or alteration of a Structure or Improvement, except wholly interior alterations to a then existing Building. 1.1.3 "City" shall mean the City of Renton. 1.1.4 "Declarant" shall mean W.H. Hughes, Jr. Company, Inc. or such successor or assign as Declarant may designate in wTiting and recorded in the records of the Auditor of King County. 1.1.5 "Declaration" shall mean this Maintenance Agreement and Declaration of Covenants for the Amanda Court Short Plat, as it may from time to time be amended. 1.1.6 "Improvement" shall mean any Building, fence, wall, driveway, paved walkway, patio, garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming pool, rockery, dog run or the like. 1.1.7 "Lot" shall mean lots I through 4, inclusive, of the Property, whether or not Improvements are Constructed thereon. 1.1.8 "Occupant" shall mean any Person occupying all or any portion of a Lot for any period of time, regardless ofwhethcr such Person is a tenant or the Owner of such Lot. 1.1.9 "Owner" shall mean the record owner, whether one or more Persons, of fee simple title to a Lot, including a contract purchaser entitled to beneficial possession. 1.1.10 "Person" shall mean an individual, corporation, partnership, association, trustee, or other legal entity. 1.1.11 "Plat" shall mean the recorded Amanda Court Short Plat, and any amendments, corrections or addenda thereto subsequently recorded. Amanda Court Maintenance Agreement and Declaration of Covenants Page 3 of 17 1.1.12 "Property" shall mean the land described on page 2 above and such additions thereto as may hereafter be subjected to the terms of the Declaration, and all Improvements and Structures now or hereafter placed on the land. 1.1.13 "Structure" shall mean that which is built or Constructed. 1.2 Form of Words. The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine, and neuter pronouns shall be used interchangeably. ARTICLE 2 TRACTS AND EASEMENTS 2.1 Private Joint Access and Utility Tract (Tract A). Declarant hereby reserves for and grants Tract A as a Private Joint Use Access for ingress, egress, and utilities for the benefit of the Owners of Lots 1,2,3, and 4. Ownership of Lots 1,2,3, and 4 includes an equal and lUldivided ownership interest in Tract A, and an equal and undivided responsibility to maintain Tract A as further set forth in Article 5 herein. Use of Tract A is limited to ingress, egress, and utilities, and shall not be used for parking or storage. Tract A includes private storm drainage as one of the utilities served therein. 2.2 Private Storm Drainage Easement and Bioswale Easement. Declarant hereby reserves for and grants a Private Storm Drainage Easement to the Owners of Lots 2, 3, and 4. Said Private Storm Drainage Easement is located as shown on the Plat over and upon a portion of the east 20 feet (the Bioswale) and south 10 feet of Lot 4. The responsibility to maintain the Bioswale and the entire Private Storm Drainage System shall be shared equally by Lots 1,2,3, and 4 as further set forth in Article 5 herein. To the extent necessary, the easement includes additional flowage area below the Bioswale on Lot 4. 2.3 Native Growth Protection Easement. Declarant hereby restricts the use of the land marked Native Growth Protection Easement on portions of Lot 1 through 4, inclusive as shown on the Plat. A non-exclusive Native Growth Protection Easement (NGPE) is hereby granted to the City, its successors or assigns. Said easement area is depicted on the Plat. The Native Growth Protection Easement shall be left permanently undisturbed in a substantially native state. No clearing, grading, filling, building construction, or placement, or road construction of any kind shall occur within said easement area; except the activities set forth in Renton Municipal Code are allowed, when approved by the City. Some activities which may be permitted are: (I) Underground utility crossings and drainage discharge swales which utilize the shortest alignment possible and for which no alignment that would avoid such a crossing is feasible; (2) Fences, when the critical area and its buffer are not detrimentally affected; (3) Removal of hazardous trees by the property owner; and (4) Other uses and development activity as allowed by said Amanda Court Maintenance Agreement and Declaration of Covenants Page 4 ofl7 code. The right to use and possess the easement area is retained, provided that the use does not interfere with, obstruct or endanger the purpose of said easement. The City, its successors and assigns, shall have the right of ingress and egress to and from this easement and across the adjacent property in this subdivision for the purpose of monitoring and enforcing proper operation and maintenance of the Native Growth Protection Area/Easement. The Lot Owner(s) shall be responsible for operating, maintaining, repairing and restoring the condition of the NGPE and the split-rail fence that separate the NGPE from the remainder of the Lots if any unauthorized disturbance occurs. 2.4 Emergency Vehicle Access Easement. Tract A is subject to an emergency vehicle access easement in favor of the City. ARTICLE 3 CONSTRUCTION ON LOTS AND USE OF LOTS. 3.1 Uniformity of Use and Appearance. One of the purposes of this Declaration is to assure within the Property a uniformity of use and quality of workmanship, materials, design, maintenance and location of improvements. It is in the best interests of each Owner that such uniformity of use be maintained as hereinafler provided. Notwithstanding anything herein set forth, the Construction of any Improvements shall comply with the more restrictive of either: (i) the terms and conditions ofthis Declaration or (ii) the laws, codes, ordinances and regulations of any governmental entity having jurisdiction. 3.2 Architectural Control Committee. No Construction, alteration, addition, refurbishing, or erection of any Structure of any nature whatsoever shall be commenced or placed upon any part of the Property, except that which is installed by the Declarant, or is approved in accordance with this Section. or as is otherwise expressly permitted herein. Any such Construction, alteration, addition. refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship. colors, location on site, Improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.2. However, the pre-existing house on Lot I. if any, shall be exempt from approval until such time that an exterior alteration is made and the review and approval shall reasonably consider the pre-existing structure as approved. 3.2.1 The ACC shall consist of not less than one (I) nor more than three (3) Owners. So long as the Declarant owns any Lots for development and/or sale, the Declarant Amanda Court Maintenance Agreement and Declaration of Covenants Page 5 of 17 shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Owners of a majority of the Lots within the Property shall have the authority to remove from office any member or members of the Committee with or without cause and designate a successor or successors. The Declarant has named Wilford H. Hughes, Jr., whose address is 14401 Issaquah-Hobart Rd SE, #130, Issaquah, WA 98027 as the sole member of the ACC. 3.2.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.2. 3.2.3 No improvement shall be Constructed upon a Lot nor shall any exterior addition to or change or alteration therein be made until the plans and specifications shall have been submitted to and approved by the ACC as follows prior to the issuance of building permits or Construction. At least 30 days before commencing Construction of any improvement on any Lot, the Owner shall submit to the ACC two complete sets of detailed building plans, including a site plan showing the location of all proposed improvements (the "Plans"). The ACC may withhold its approval of the Plans by reason of its reasonable dissatisfaction with the location of the Structure on the Lot, color scheme, finish, architecture, height, impact on view from another Lot or Lots, appropriateness of the proposed improvements or materials used therein. The ACC's approval or disapproval of the Plans shall be made within 30 days of submission of a complete set of Plans, shall be in writing, and approval shall be evidenced by written endorsement on such Plans, one copy of which shall be delivered to the owner of the Lot upon which the improvement is to be Constructed. If the ACC does not approve or disapprove the Plans within 30 days of submission, the Plans shall be deemed approved. 3.2.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC NOR THE MEMBERS THEREOF ASSUME LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ACC, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND/OR AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ACC, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND/OR AGENTS OF ANY OF THEM TO Amanda Court Maintenance Agreement and Declaration of Covenants Page 6 of17 RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY mDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. ARTICLE 4 USE RESTRICTIONS AND RULES 4.1 GeneraIlRules and Regulations. This Article, beginning at Section 4.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 8.3 hereof regarding amendment of this Declaration. 4.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted. The single-family residential use ineludes "home occupation" uses as defined and authorized by the Maple Valley Municipal Code as it may from time to time be amended. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 4.3 Building and Landscaping Requirements and Restrictions. All residences Constructed on the Property shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope ofImprovements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.2 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Property in general: 4.3.1 Only one single family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 4.3.2 After Declarant has completed Construction of all houses in the Property, any remodeling or exterior addition to any residence or other Structure erected or placed on any Lot shall be completed as to external appearance. including finished painting, within six (6) months after the date of commencement of Construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this Amanda Court Maintenance Agreement and Declaration of Covenants Page 7 of 17 provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 4.3.3 All homes within the Property shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of the residence Constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 4.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 4.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be Constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 4.3.6 Each home Constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any Improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACe. 4.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 4.4 Signs. No sign of any kind shall be displayed to the public view on any Lot or Improvement with the exception of one professionally made sign of not more than six square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any Lot by the owner, or placement of a professionally made sign by the developer, which must comply with the local sign ordinances. This restriction shall not apply to signs used by the developer, builders, realtors, or agents during the original Construction and sales of residences. 4.5 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as Amanda Court Maintenance Agreement and Declaration of Covenants Page 8 of 17 used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 4.5.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Property, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Property. 4.5.2 No passenger vehicles may be parked on any Lot or portion of the Property except in "parking areas" as defined in this Section. 4.5.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Property. 4.5.4 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 4.6 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of this Declaration. 4.7 Occupants Bound. All provisions ofthis Declaration shall also apply to all Owners and Occupants. 4.8 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Property; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as Amanda Court Maintenance Agreement and Declaration of Covenants Page 9 of 17 required by law. 4.9 Mining Prohibited. No portion of the Property shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 4.10 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition, nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the Occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Property, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any of the Property. Without limiting the generality of the foregoing, no speaker, hom, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 4.11 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage Constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of Improvements on such Lot and then for not more than sixty (60) days. 4.12 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 4.13 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the Amanda Court Maintenance Agreement and Declaration of Covenants Page 10 of17 benefit of Declarant and the Lot Owners and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No Structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the ACC prior to installation. 4.14 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 4.15 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation ofthe residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Property. 4.16 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 4.17 Guns. The discharge of a firearm within the Property is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 4.18 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Property, except for temporary lines as required during Construction and except as such lines exist upon recording of the Plat or as required by utilities serving the Property. 4.19 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts oflight and glare. No unshielded spot/floodlight fixtures are permitted. Amanda Court Maintenance Agreement and Declaration of Covenants Page 11 of 17 4.20 Artificial Vegetation. Exterior Sculpture. and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 4.21 Mailboxes. Mailboxes shall be attached only to stands provided within the Private Sidewalk Easement over and upon the southwest corner area of Lot 20. 4.22 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 4.23 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 4.24 Construction and Sale Period. So long as Declarant owns any Lot in the Property for development and/or sale, the restrictions set forth in this Article 4 shall not be applied or interpreted so as to prevent, hinder or interfere with development, Construction and sales activities of Declarant or any builder or developer approved by Declarant. 4.25 Significant Trees. Four or more native trees have been planted to mitigate for lost trees as marked on the plat or as otherwise identified on the site. These trees are to be preserved for environmental, esthetic, and other purposes. No activities are allowed in the vicinity of these trees that could damage or harm the trees, such as storage of material, disposal of drainage, or filling or grading. Tree removal, or site work or landscaping resulting in the loss of a tree, may be subject to fines and tree replacement requirements by order of the City. ARTICLES NUUNTENANCECOMMITTEE 5.1 Maintenance Agreement for Common Property. The following constitute the common property that shall be maintained by the Maintenance Committee along with the general requirements for that maintenance: 5.1.1 Private Storm Drainage System and Bioswale. A private storm drainage pipe runs along the south portion of the Private Road Tract A and Lot 4. The private storm drainage pipe includes catch basins designed to collect storm water from the Private Road and the Lots. The private storm drainage pipe releases the storm water into the bioswale on Lot 4. The bioswale is an important part of the Private Storm Drainage System as it provides water quality treatment prior to release into the buffer of the on-site wetland. The Maintenance Committee shall properly maintain the Private Storm Drainage System including the bioswale as Amanda Court Maintenance Agreement and Declaration of Covenants Pagel20fl7 required under City of Renton requirements. The maintenance may include: annual inspection, cleaning and clearing the catch basins of obstructions such as leaves, clearing and flushing the pipe if obstructions occur, maintaining the gradient of the bioswale, keeping the bioswale clear of debris and obstructions, maintenance of the plants and grass in the biswale to ensure proper water quality treatment and flowage, and any other best management practices. 5.1.2 Tract A Private Road and Utilities. The private road and utilities shall be reasonably maintained to keep it free and clear of debris and obstructions, and shall be repaired when needed to eliminate potholes or other problems. The private road will eventually need to be resurfaced as part of standard maintenance. 5.2 Membership. Each Owner of all or a portion of the fee interest in a Lot (including Declarant) shall be a member of the Maintenance Committee. Each member shall be entitled to one (1) vote for each Lot wholly owned by said member, and the vote may be cast by a legal representative of the Owner. If a Lot is owned by more than one Person, all of the Owners of said Lot shall together be entitled to one vote. I f a Lot is owned by more than one Person and only one of them is present or represented at a meeting, the one who is present or represented will represent the Owner. The vote for a Lot must be cast as a single vote, and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves how their vote shall be cast, they shall lose their right to vote on the matter in question. A quorum is present throughout any meeting of the Maintenance Committee if the Owners to which fifty percent (50%) of the votes of the Maintenance Committee are allocated are present in person or by written proxy at the beginning of the meeting. 5.3 Responsibilities. The Maintenance Committee shall be responsible for maintenance and repair of all common property on behalf of the Lot Owners. The Maintenance Committee shall act by majority vote of those present in person or by written proxy at a meeting. The Maintenance Committee may work out a fair cooperative arrangement between the Owners to share the labor and cost of any materials. The Maintenance Committee also has authority to order that the work be contracted. Before authorizing that the work be contracted, the budgeted cost of the maintenance or repair shall be provided to each Owner in a meeting notice pursuant to Section 5.6 prior to a final vote by the Committee. The actual cost of the work shall be shared equally between the Lot Owners. The Lot Owners shall pay their respective share of the contracted work within 30 days of notice and request for payment. After becoming 60 days past due, a legal action in small claims court or other proper court may be brought by one or more of the other Lot Owners to recover the amount due plus costs and reasonable attorney fees, if any. 5.4 Equal Sharing, Damage, and Indemnification. All costs incurred for maintenance or damages shall be shared equally by the Lot Owners. However, if damage to a common property arises from the actions or negligence of a particular Lot Owner or their guests, agents or invitees, it shall be the sole responsibility and cost of said Lot Owner to repair the damage, Amanda Court Maintenance Agreement and Declaration of Covenants Page 13 of17 in timely manner, upon written request of the Maintenance Committee or another Lot OWller. All Lot OWI1ers are equally responsible to ensure proper maintenance and functioning of the Private Storm Drainage System and Bioswale, and if any malfunction occurs causing damage to property, then the Lot OWllers shall be equally responsible for remedying the damages. In particular, the OWI1ers of Lots 2, 3, and 4 shall indemnify and hold the oWller of Lot 4 harmless from damage of any kind caused by a malfunction of the Private Storm Drainage System or flooding thereof. 5.5 Recurring Costs. The Maintenance Committee shall also be responsible for the ensuring that any recurring costs related to the common property are paid by a Lot OWller and then shared equally between all Lot OWllers. The actual costs shall be shared equally between the Lot OWllers. The Lot OWllers shall pay their respective share of the contracted work within 30 days of notice and request for payment. After becoming 60 days past due, a legal action may be brought by one or more of the other Lot OWllers to recover the amount due plus costs and reasonable attorney fees, if any. 5.6 Meetings and Notices. The Maintenance Committee shall meet at least once a year, and notice of any official meeting (including time, place and agenda) shall be mailed to the mailing address of each Lot OWller or to any other mailing address designated in writing by the Lot OWller. The notice shall be mailed not less than fourteen days nor more than sixty days in advance of any meeting. The Maintenance Committee shall not have the authority to record a lien against a Lot for unpaid charges, except that the Maintenance Committee shall have the authority to record and enforce a judgment lien after a court proceeding. ARTICLE 6 FAILURE TO INSIST ON STRICT PERFORMANCE NO WAIVER The failure of the ACC or the Lot OWI1ers in any instance to insist upon the strict compliance with this Declaration or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. The receipt by the Maintenance Committee of payment from an OWller, with knowledge of any breach by the OWller, shall not be a waiver of the breach. No waiver by the ACC. of any requirement shall be effective unless expressed in writing and signed for the ACe. ARTICLE 7 DURATION The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the OWllers, their respective legal representatives, heirs, successors, and assigns, an initial term expiring December 31, 2022, and thereafter by automatic extension for successive periods of 10 years each unless an instrument Amanda Court Maintenance Agreement and Declaration of Covenants Page 14 of17 " signed by two-thirds of the then Owners has been recorded prior to the end of each period agreeing to tenninate the covenants, conditions and restrictions. ARTICLES AMENDMENTS S.l Amendment by Declarant. Declarant reserves the right to amend this Declaration as may be necessary to comply with Federal Home Loan Mortgage Association ("FHLMC"), Federal National Mortgage Association ("FNMA"), Federal Housing Administration ("FHA"), or Veterans Administration ("VA") regulations or requirements as necessary to enable the holders of first mortgages or deeds of trust to sell first mortgages or deeds of trust to FHLMC or FNMA or if such amendment is necessary to secure funds or financing provided by, through or in conjunction with FHLMC, FNMA, FHA or VA. S.2 Authorization to Amend Declaration. If Declarant, at its option, detennines that it is necessary to amend this Declaration, then Declarant, on behalf of all Lot Owners in the Association, is hereby authorized to execute and to have recorded (or filed, in the case of the Articles) said required amendment or amendments. All Lot Owners hereby grant to Declarant a full and complete power of attorney to take any and all actions necessary to effectuate and record said amendment or amendments which shall be binding upon their respective Lots and upon them and their heirs, personal representati yes, successors and assigns to the same extent as if they had personally executed said amendment or amendments. All Lot Owners hereby acknowledge and agree that the power of attorney granted herein shall be deemed coupled with an interest and shall be irrevocable. S.3 Amendment by Lot Owners. The Lot Owners may amend this Declaration by an instrument executed by two-thirds of the Lot Owners. ARTICLE 9 SEVERABILITY The provisions of this Declaration shall be independent and severable, and the unenforceability of anyone provision shall not affect the enforceability of any other provision, if the remainder affects the common plan. Amanda Court Maintenance Agreement and Declaration of Covenants Page 15 of 17 ARTICLE 10 EFFECTIVE DATE This Declaration shall be effective upon recording. Amanda Court Maintenance Agreement and Declaration of Covenants DECLARANT: W.H. Hughes, Jr. Company Inc. Page 16 ofl7 · ' STATE OF WASHINGTON) K' ) ss. COUNTY OF \\"\~ ) I certify that I know or have satisfactory evidence that WILFORD H. HUGHES, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Regional Manager ofW.H. HUGHES, JR. COMPANY INC., a Washington corporation to be the free and voluntary act of the limited liability company for the uses and purposes mentioned in the instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this lOt\. day of October 2007. Amanda Court Maintenance Agreement and Declaration of Covenants PrintName: ____ ~~~~-L~~~--- NOTARY PUBLIC in an for the State of Washington residing in J .... 'S sa...s,oo,.h My appointment expires: Mar zcY, 2.01 0 Page 17 of 17 REPORT & DECISION Report Date: Project Name Owner/Applicant File Number Project Summary Project Location Project Location Map City of Renton Department of Planning / Building / Public Works ADMINISTRATIVE SHORT PLAT REPORT & DECISION ENVIRONMENTAL REVIEW REPORT SUMMARY AND PURPOSE OF REQUEST July 30, 2007 Amanda Short Plat Owner: William and Sandra Wofford 13323 146~ Avenue SE Renton, W A 98059 Applicant Bill Hughes W.E. Hughes Homes, Inc. 14401 Issaquah-Hobart Road Issaquah, W A 98027 LUA 07-055, SHPL-A, ECF Project Manager Andrea Petzel, Associate Planner The applicant requests Environmental Review and administrative Short Plat approval for 1.58-acre parcel in the R-4 zone. The subject lot is part of the Mosier 11 annexation and is vested to the R-5 development standards for density, lot size, width/depth and setbacks. There are four proposed lots and an access tract. The existing house will remain on Lot I. Density would be 4.18 dwelling units/acre. Lot 1 would have direct access to Lyons Avenue NE; Lots 2-4 will have access to Lyons Avenue NE via a private access tract/easement. There are 18,025 square feet of Category 3 wetland and associated buffer onsite. 103-105 Lyons Avenue NE, Renton W A 98059 SHPL & ERG report.doc City or Renton PJUJPW Oepartment Administrative Land Use Action REPORT AND DECISION DATED July 30, 2007 PROJECT LliA 07-055 SHPL-A, ECF Page 2 [PROJECT DESCRIPTION The applicant requests EnvIronmental Review and admimstrative Short Plat approval to subdivide a 1.58- acre parcel into four lots. The subject site is located between 103-105 Lyons Avenue NE in the Residential- 4 (R-4) zone. As part of the Mosier II annexation is vested to the following aspects of the Residential-5 (R- 5) development standards (RMC 4-2-110D13): • Maximum density is five (5) dwelling units per net acre. • Minimum lot size is 7,200 square feet. • Minimum lot width is 60 feet for interior lots, 70 feet for comer lots. • Minimum lot depth is 70 feet. • Minimum front yard setback is 15 feet for primary structure (10 with alley access), 20 for the garage; interior side yard is 5 feet; side yard along a street is 15 feet. The eXisting house would remain on Lot 1 and would have direct access to Lyons from a private driveway. Lots 2-4 would access to Lyons via a proposed 26-foot wide access tract and utility easement (8,995 square feet). All four lots are generally rectangular in shape, but Lot 4 has a panhandle that extends to Jericho Avenue NE. The panhandle is dominated by a Category 3 wetland, and will not be used for access to Jericho. The site is predominantly flat and heavily vegetated along the north property line where there is an existing Category 3 wetland. Approximately 9,741 square feet of the wetland is onsite, with the majority on Lots 3 and 4. The 25-foot buffer required for a Category 3 wetland would extend across all four lots. Lot 4 abuts a 20-foot bios wale easement on a neighboring piece of property. The total square footage ofwetIand and buffer is approximately 18,025 square feet and will not be directly impacted by development. Given the presence of Shy Creek, a Class 4 stream, within 100 feet of the project on adjacent property to the west, the applicant submitted a stream study, which did not show the presence of a stream onsite. The site is underlain with Alderwood Series silty soil and generally drains northwest towards the onsite wetland. The subject lot is in the Maplewood drainage basin and stormwater detention is not required. ISECTION I: ENVIRONMENTAL REVIEW In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A_ 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: I. Earth: The geotechnical engineering report submitted by Dennis Joule, PE. (dated April 18,2007) states that the project site is generally flat with an approximate 5% slope to wetlands at the northwest comer of the site. The site is underlain with Alderwood Series soil and there is no indication of unstable soil in the vicinity. Approximately 150 cubiC yards of fill will be needed for the road base and general fill; no structural fill is anticipated to be necessary. The applicant estimates 30% of the site will be covered with impervious surfaces after project construction. City of RentQn P/BfPW Department Administrative Land Use Action REPORT A"D DECISION DATED July 30, 2007 PROJECT LUA 07·055 SHPL·A, ECF Page3 The geotechnical report states that the site is not suitable for the use of infiltration or groundwater recharge systems. The report recommends that landscaped ground should slope down away from building foundations at a minimum of 5% slope for at least five feet from the footings. Paved ground should slope down away from building foundations at a minimum 2% slope for at least five feet from the footings. Given the possibility of impacts to the wetlands in the northwest comer of the lot and the somewhat sloping topography, staffrecommends as a condition of approval that the applicant be required to follow the geotechnical report recommendations. In order to reduce the potential for erosion and control sedimentation to the site and to adjacent properties, staff recommends that prior to clearing the site, the applicant be required to install temporary erosion control measures and to follow the Department of Ecology's (DOE) Stormwater Management Manual. MitigatIOn Measures: • The applicant shall follow the recommendations found in the geotechnical report submitted by Dennis Joule, dated April 18, 2007. • The applIcant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stonnwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division. Nexus: SEPA Environmental Regulations 2, Air: There will be temporary and unavoidable impacts to air quality in the form of emissions from construction equipment and dust during construction. All construction equipment will meet current state and federal emission requirements and dust control (water) will be provided during construction. Mitigation Measure: NI A 3. Surface Water: Approximately 18,025 square feet of Category 3 wetland and associated buffer exist onsite. The geotechnIcal report submitted by Dennis louie notes that there is standing water in the wetland, and although no direct impacts to the wetland or buffer are anticipated, states that road and building pad elevations must be high enough to alJow for proper site drainage. As part of the application materials the applicant submitted a wetland report and delineation from ecologist John Altmann (dated April 19,2007). The report states that the Category 3 wetland consists of palustrine forested and scrub-shrub plant community. No fill or dredge material will be placed in the wetland or buffer, nor wilJ any development occur in the wetland or its buffer. Although the critical area extends across all four lots, each lot will have adequate room for a building pad. To further protect the onsite wetlands, staff recommends that the applicant is be required to place the entire wetland and buffer in a Native Growth Protection Easement (RMC 4-3- 050M7). The wetland report submitted by Altmann noted that a "small channel was observed in places ... and the area was determined to meet the criteria for a wetland rather than a stream." Given the presence of Shy Creek located to the west on the other side of Jericho Avenue NE, staff requested additional information on the potential for a stream to exist on site. A subsequent stream study by John Altmann (dated June 21, 2007) determined that based on existing drainage patterns and the City of Renton P/B/PW Department Administratin Land Usc Action REPORT AND DECISION DATED July 30, Z007 PROJECT LlJA 07-055 SHPL-A, ECF hydrology of the area, the channel located within the wetland appeared to be remnants of an artificially created historic ditch. Mitigation Measures: N/ A Page 4 4. Storm Water: A drainage report by Baima & Holmberg (dated May 16,2007) was submitted as part of the application package. The report states that a detention facility is not required. The applicant proposes construction of a CB/pipe storm system for the onsite private roadway. Stormwater from the private road will be collected and discharged to a bioswale along the western boundary line of lot 4, and then dispersed into the adjacent wetland buffer. Roof and yard runoff will also be dispersed into the adjacent wetland buffer, which mimics the existing flow patterns. Stonnwater then flows to the south in a 24" concrete conveyance under Jericho Avenue NE, and into a channel on the west side of Jericho. Stonn water detention IS required to meet 1990 King County Surface Water Drainage Manual standards. Mitigation Measures: NI A 5. Plants: The majority of the site is flat, open and covered by grass/lawn. The onsite wetland consists of a mix of mature conifers and deciduous trees, as well as underlying shrubs and groundcover. OutSide of the wetland and buffer area there are eIght significant trees, two of which will the applicant will be required to keep. ApprOXimately 75% ofthe site will be cleared and regraded. Mitigation Measures: N/A B. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: Determination of Non-Significallce-Mitigated with 14 day Appeal Period C. Summary ofERC Mitigation Measures 1. The applicant shall follow the recommendations found in the geotechnical report submitted by Dennis Joule, dated April 18,2007. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stonnwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division. D. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. Copies of all review comments are contained in the Official File. l§iCTION II: ADMINISTRA TlYE SHORT PLAT -REPORT & DECISION This decision on the administrative land use actions is made concurrently with the environmental determmatlon. City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 30. 2007 PROJECT LUA 07-055 SHPL-A. ECF A. General Information 1. Owners of Record: William & Sandra Wofford 13323 146'h Avenue SE Renton, WA 98059 2. Zoning Designation: Residential-4 (R-4) 3. Comprehensive Plan Land Use Desigllation: Residential Low Density (RLD) 4. Existillg Site Use: The site is currently developed with one existing single-family structure 5. IVeighborhood Characteristics: North: Residential low density (R-4 zone) East: Lyons Avenue NE and residential low density (R-4 zone) South: Maplewood Heights Elementary School R-4 King County Zoning Designation West: Jericho Avenue NE and residential low density (R-4 zone) 6. Access: Access to the proposed lots would be provided directly off of Lyons Avenue NE via an access tract/utility easement across lots 1-3. 7. Site Area: 68,739 square feet (1.58 acres) B. Historical Background Comprehensive Plan Zoning Annexation C. Public Services Land Use File No. N/A N/A LUA05-062 Utilities -Existing Conditions Ordinance No. 5099 5100 5173 Date 11/112004 111112004 118/2006 PageS 1. Water: The site is not within the City of Renton Water Service Area. The project site is located Within the Water District 90 water service area. The applicant provided a Certificate of Water Availability from Water District 90 confirming that the District can provide the required fire flow rate for the development proposal. 2. Sewer: There is an 8-inch sewer main in Lyons Avenue NE. 3. Surface Water/Storm Water: There are storm drainage facilities located in both Jericho Avenue NE and Lyons Avenue NE. 4. Fire Protection: City of Renton Fire Department. D. Applicable Sections of Renton City Code 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120: Commercial Neighborhood Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 30,2007 PROJECT LVA 07-055 SHPL-A, ECF 4, Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 5, Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for SubdIvision Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-130: Environmental Consideration General Requirements and Minimum Standards Section 4-7-150: Streets ~ General Requirements and Minimum Standards Section 4-7-180: Industrial and Commercial Blocks and Lots ~ General Requirements and Minimum Standards 6, Chapter 9 Procedures and Review Criteria 7, Chapter 11 Detinitions E. Applicable Sections of Renton's Comprehensive Plan 1. Land Use Element ~ Residential Low Density 2, Community Design Element 3, Environmental Element F, Department Analysis 1. Staff Review Comments Page 6 Representatives from various City 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 mto the appropriate sections of this report and the Departmental Recommendation at the end of the report. 2. Consistency With Short Plat Criteria Approval of a plat IS based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The subject site is designated Residential Low DensIty (RLD) on the Comprehensive Plan Land Use Map. The objective established by the RLD designation is to protect and enhance single-family neighborhoods. The proposal is consistent with the RLD designation in that it would provide for the future construction of single-family homes. The proposed plat is consistent with the following Comprehensive Plan objectives and policies for RLD Land Use, Community Design and the Environmental Elements: Land Use Element Objective LU-DD, Provide opportunities for a range of lifestyles and appropriate uses adjacent to and compatible with urban development in areas of the City and Potential Annexation Area constrained by extensive natural features, providing urban separators andlor providing a transition to Rural Designations within King County. This short plat allows for an appropriate use, single-family homes. on a lot that is somewhat constramed by an onsite Category 3 wetland. No development will occur in the wetland or its buffer. City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 30, 2007 PROJECT LUA 07-055 SHPL-A, ECF Policy LU-l44. Ensure quality development by supporting site plans and plats that incorporate quality building and landscaping standards. As part of the Mosier II annexation, the project has specific development standards to which It is vested. Page 7 Policy LU-145. Interpret development standards 10 support projects with higher quality housing by requiring: 1) A variety of compatible housing styles making up block fronts; 2) Additional architectural features such as pitched roof". roof overhangs, and/or decorative cornices, fenestration and trim; and, 3) Building modulation and use of durable exterior materials such as wood, masonry, stucco or brick. Because it was not specifically exempted, the project will also be subject to the current R-4 requirements that "all dwelling units shall provide vertical fayade modulation at least every 20 horizontal feet, including front, side and rear facades when visible from a street." Current landscaping standards for the R-4 zone also apply and are discussed in the landscape section of this slaff report. Policy LU-146. Interpret development standards to support provision of landscape features as well as innovative site planning. Criteria should include: 1) Attractive residential streetscapes with landscaped front yards that are visible Fum [he street; 2) Landscaping, preferably with drought- resistant plant materials; 3) Large caliper street trees; 4) Irrigated landscape planting strips; 5) Low- impact development using landscaped buffers, open spaces, and other pervious surfaces for surface water runoff; and, 6) Significant native tree alld vegetation retention and/or replacement. The project will be required to landscape the street Irontage of lot I, as well as provide restoration for the wetland and landscaping for the bioswale. Each lot will have two trees planted in the front yard setback area of each lot. Community Design Element Objective CD-A: The City's unique natural features, including land form, vegetation, lakeshore, river, creeks and streams, and wetlands should be protected and enhanced as opportunities arise. The applicant will be required to protect the wetland on the site wjth a Native Growth Protection Easement. Policy CD-45. Existing mature vegetation alld distinctive trees should be retained and protected in developments. The applicant will preserve two (2) significant trees outside of the critical area. All significant trees within the wetland and buffer will be maintained. Objective CD-K: Site plans/or new developmellt projects for all uses, including residential subdivisions, should include landscape plans. A conceptual landscape plan was included in the land use application submittal. A conceptual landscape plan was submitted as part of the initial land use application package, and the applicant will submit a detailed landscape plan for approval prior to recording the short plat. Environmental Element Objective EN-D. Preserve and protect wetlands for overall system functioning. The applicant will be required to protect the wetland on the site in a Native Growth Protection Easement, and provide fencing and signage for the area. Policy EN-8, Achieve no overall net loss of the City's remaining wetlands base. There will be no net loss of wetland functions or values as part of this project. The required restoration of the 25-foot wetland buffer will potentially increase wetland function. Policy EN-lO. Establish and protect buflers along wetlands to facilitate infiltration and maintain stable water temperatures, provide for the biological regime, reduce amount and velocity of run-off, and provide for Wildlife habitat. By incorporating the use of a bioswale to deal with storm water City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED July 30, 2007 PROJECT LliA 07-055 SHPL-A, ECF runoff the applicant will facilitate infiltration, and provide better water quality, and potentially increase habitat. b) Compliance with the Underlying ZOllillg Desigllation rage 8 The 1.58 -acre site (gross area) consists of one parcel vested to specific (R-5 development standards (discussed below). The proposed development allows for future construction of three additional dwelling units along with associated plat improvements. [)en~.ity -The allowed density range in the 1\-5 zone is a maximum of 5 dwelling units per acre (dulac). Net density is calculated after the deduction of sensitive areas, areas intended for public right- of-way and private easements from the gross acreage of the site. The property contains 8,995 sq. ft. of are3 to be placed in an access easement, and 18,025 sq. ft. of wetlands, which are a critical area. After the deduction of the 8,995 sq. ft. easement area and 18,025 sq. ft. wetland area from 68,739 gross sq. ft., 41,719 sq. ft. (0.98 acres) remains. The proposal for four lots would arrive at a net density of 4.08 dwelling units per acre. The proposed short plat complies with density requirements for the R-5 zoning designation. Lot Dimensions The minimum lot width required is 60 feet for interior lots and 70 feet for comer lots. The minimum lot depth is 70 feet. All lots mcet the requirement for minimum lot width and depth. The minimum lot size is 7,200 square feel. All four lots would be greater than the minimum of 7,200 square feet. All lots comply with the lot dimension requirements. Setbacks -The R-5 zone requires a minimum front yard of 15 feet for primary structure and 20 feet for attached garages. The minimum rear yard setback is 25 feet. The minimum interior side yard setback is 5 feet and the side yard along a street must be at least 15 feet. The existing house on proposed Lot I would meet the front, side and rear yard setback requirements. Building height in the R-5 zone is limited to 2 stories and 30 feet for primary structures and 15 feet for detached accessory structures. Lots 2-4 would have sufficient area to allow for a reasonable building area for residences that meet setback requirements. Lot Coverage: Maximum building coverage is limited to 35% of the lot area or 2,500 square feet, whichever is greater, for lots over 5,000 square feet in size, and 50% for lots less than 5,000 square feet in size. The existing house would meet these standards with approximately 1,300 square feet of huilding lot coverage (7%). Building Standards -The R-5 zone permits one single-family residential structure per lot. Each of the proposed lots would support the construction of one detached residential unit. 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. The current R-4 development standard for vertical fa~ade modulation would be required for the three new single-family homes on lots 2-4. All new single-family homes must have vertical fa~ade modulation for all sides of the house visible from the street (RMC 4-2-IIODJ3). This requirement will be reviewed at the time of building plan permit approval. c) Community Assets The current R-4 zone standards require off-site landscaping abutting non-arterial public streets (Lyons Avenue NE and Jericho Avenue NE). A five-foot wide irrigated or drought resistant landscape strip must be installed and if there is additional undeveloped right-of-way in excess offive feet, this additional width must be landscaped. Additionally. a minimum of two trees of a City approved species with a minimum caliper of 1 Y, inches per tree must be planted in the front yard or planting strip of every lot prior to final building inspection. The proposal's compliance with this standard would be verified prior to the final building inspection. A conceptual landscaping plan was included in the submittal for the short plat, illustrating a five-foot landscape strip at the front of the lot. It also illustrates the two required trees at the front of each lot of Cit), of Renton P/B/PW Department Administrative Land Use A(:tion REPORT A~D DECISION DATED July 30, 2007 PROJECT LUA 07-055 SHPL-A, ECF Page 9 the short plat, however it does not indicate the species or size of the trees to be installed, or provide ,!'ocific netoi1, on the r18nting strip. StalTrcl'ommends as a condition o['hort plat approval. that the applicant be required submit a revised landscape plan indicating the species name and size of the trees to be located in the front yard setback area of each of the lots as well as the required landscape strip. In addition, the landscape plan should include the plants the applicant proposes to use in the bioswale. On the submitted tree inventory plan the applIcant notes eight significant trees that exist on the parcel outside of the critical area and buffer. Per the Development Services Director's Decision on tree retention (dated March 9, 2006), the applicant IS required to retain 25% of all significant trees outside of any critical area. Therefore, the applicant is required to retain at least two significant trees. As a condition of short plat approval, staff recommends that the applicant submit a revised tree inventory plan showing the location of trees to be preserved. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. RMC section 4-7- 150.F of the Subdivision Regulations requires the mstallation of street improvements, including curb, gutter, sidewalk, drainage, street signs, street lights and paving along the frontage of Lyons Avenue and Jericho Avenue NE pursuant to City of Renton Street Standards (RMC section 4-6-060) prior to recording of the short plat unless already in place or deferred by the City. All new electrical, phone and cable services must be underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. The proposed subdivision is anticipated to generate additional traffic on the City's street system. In nrder to mitigate transportation impacts, staff recommends as a condition of short plat approval the payment ofa Traffic Mitigation Fee based on a rate of$75.00 per net new average daily trip attributed to the project with credit given for the existing residence. The fee for this short plat is estimated at $2153.25 (4 new lots -I existing = 3 lots x 9.57 trips per lot = 9.57 trips x $75 per trip = $2,153.25). The fee is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape and orientation of lots must meet the mimmum area and width requirements of the applicable zoning classification and must be appropriate for the type of development and use contemplated. The lots are generally rectangular in shape, although lot 4 extends as a panhandle to the west until it reaches Jericho Avenue NE. Lot 1 is oriented toward the east fronting Lyons Avenue NE. Lots 2-4 would be oriented to the south along the private access easement. All lots meet and exceed the minimum lot areas, however, due to the Native Growth Protection Easement (NGPE) over the wetland, the buildable area at the rear of lots 3 and 4 is somewhat restricted. Each of the proposed lots satisfies the minimum dimension requirements of the R-5 zone. The plat plan does not include setback lines for each lot showing potential building envelopes, but when considering the required setbacks, as well as access points for each lot, the proposed lots appear to have sufficient buildable area for the development of detached single-family homes. e) Reasonableness of Proposed Boundaries Access: Alllo!s in a subdivision must ensure access to a public street. Lot I of the proposed short plat would access directly from Lyons Ave. NE. Lot 2-4 would access to Lyons Avenue NE via a 26- foot wide access tract/utility easement across lots 2-4 at the south side of the lots. Twenty feet of paving is required for the access tract. Renton Municipal Code requires five feet between the driveway and the neighboring lot line. Staff recommends as a condition of approval the establishment of a homeowners' association or maintenance agreement created prior to or concurrently with the recording of the fmal short plat in order to establish maintenance responsibilities for shared roadway and utilitIes. A draft of the document(s) shall be submitted to the City of Renton Development City of Renton P/B/PW Department Administrative Land lise Action REPORT AND DECISION DATED July 30, 2007 PROJECT LUA 07-055 SHPL-A, ECF Page 10 Services Division for review and approval by (he City Attorney and Property Services section prior to the recording of the final plat. Topography: Most of the subject site is relatively flat with the site gently sloping to the wetland area In the northwest. The !lat portion of the site is vegetated primarily with grass and some shrubs. The wetland site is densely vegetated With alder. cottonwood, blackberry and other shrubs. Relationship to Existing Uses: The subject site currently contains an approximately 1,300 sq. ft. single-family residence, which is to remain on proposed Lot I. The properties to the north, west and east of the suhject site are designated R-4 on the City's zoning map and are developed with single- family homes. To the south IS Maplewood Heights Elementary, which is designated R-4 under King County's zoning designation. The proposal is consistent with the intent ofthe both the Comprehensive Plan and Zoning Code and would not be out of character with the existing or recent development in the area. Environmental Considerations: A weiland delmeation submitted by John Altmann (dated Apnl 19, 2007), indicated the presence of an approximately 18,000 sq. ft. Category 3 wetland and buffer onsite. The applicant has noted that there will be no net loss of wetlands function or value as development will not occur in the wetland or the wetland buffer. Should damage to the wetland or wetland buffer occur during construction, the applicant will be required to restore, maintain and monitor the impacted area. As a condition of approval staff recommends that the applicant revise their short plat to show the wetland area and buffer in a Native Growth Protection Easement (NGPE). In addition, staff recommends as a condition of approval that the applicant place a permanent split rail fence and signs indicating the presence of the critical area around the perimeter of the onsite wetlands. RMC 4-3-050M6alll states "Category 3 wetland buffers of 25 feet reqUire the buffers be fully revegetated with native species or restored" If not Increased to protect wetland functions and values. Because the applicant has elected to maintain the 25-foot buffer rather than increasing the width, they are required to restore the existing buffer to its natural condition. Therefore, staffrecommends as a condition of approval that the applicant provide City staff with a revegetation/restoration plan for the buffer. The plan must be reviewed and approved by City staff prior to undertaking any restoration activity. f) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. Fire Prevention staff recommend that the applicant provide required improvements and fees to offset the impacts to fire services associated with the new development. The proposal of three additional residential lots to the City would impact the City's Fire Emergency Services. Therefore, as a condition of short plat approval, Fire Mitigation Fee of $488.00 per new single-family lot is required with credit given for one existing residence. The fee is estimated at $1,464.00 (4 lots - 1 existing reSidence x $488.00 = $1,464.00) and is required prior to recording of the short plat. Schools: The site is located within the boundaries of the Renton School District. Renton School District No. 403 has indicated that Maplewood Heights, McKnight Middle School and Hazen High School can accommodate the increased student enrollment that may result from the development of the proposed project, estimated at 1.32 students (0.44 x 3 lots = 1.32). The school district has indicated that these schools would be able to support the additional students generated by the proposal. Storm Water: There are storm drainage pipelines within the Lyons Avenue NE. The applicant proposes to construct a CB/pipe storm system for the private roadway, which will discharge to a City of RE'nton P/B/PW Departmenl Administratin Land lise Action REPORT AND DECISION DATED July 30, 2007 PROJECT LIlA 07-055 SHPL-A, ECF Page 11 bioswale (located on lot I) for water qualIty, then into the wetland buffer. Storm water runoff from the new houses and yards would disperse into the wetland buffer that would mimic the existing condition of flow patterns. The applIcant proposes a bioswale easement on the west property lIne of lot 4 that would extend in small part into the wetland buffer, which is permitted as an exemption in RMC 4-3-050C. A pipe would carry the runoff from the private road into the south end of the bioswale, but no pipe would extend into the buffer or wetland. The locatIOn of the bioswale would impact the side yard setback of lot 4; the bioswale would be located between the property line and the building pad. This will somewhat constrain the bUIlding footpnnt [or the house on lot 4, although not to a sigmficant extent. Because all four lots will benefit from the bioswa1c, but it is located exclusively on lot 4, staff recommends as a condition of approval that the applicant record a restrictive covenant requiring joint responsibility for the cost and maintenance of the bioswale for all four lots. The restrictive covenant should be drafted by an attorney and provide the owner of lot 4 with reasonable assurance of protection from legal ramifications should the bios wale not function as properly designed. Drainage must meet fhe 1990 King County Surface Water Design Manual. A Surface Water System Development Charge will be assessed at a rate of $759.00 per single-family dwelling with credit givmg for the existmg structure. The fee is estimated to be $2,277.00 (4 lots -I existing reSIdence x $759.00 = $2,277.00) Payment of these [ecs shall be required prior to issuance of the utihty construction penn it. Water and Sanitary Sewer Utilities: The site is not within the City of Renton water service area, but rather in the Water District 90 water service area. The applicant provided a Certificate of Water Availability from King County stating that there is an existing 8-inch water main fronting the site. Peak flow available is 1,000 gallons per minute or more, and the water system has the water right claims sufficient to provide service for this project. In accordance with the Fire Department requirement (prior to recording the subdivision), at a minimum, one hydrant within 300 feet of any proposed single-family structure is required. Additional fire flow and hydrants are required if the total square footage a new single-family structures, including the garage, are greater than 3,600 square feet. There is an 8-inch sewer main adjacent and available to serve the site. The project will be required to install a sanitary sewer main extension (minimum 8 inch) from Lyons Avenue NE. All new lots must be served with individual sidesewers; dual sidcscwers are not allowed. The Sewer System Development Charge is $1,017 per new single-family residence. Fees are estimated to be $3,051.00 (4 lots -I existing residence x $1 ,017.00 ~ $3.051.00). In addition, this parcel is located in the East Renton Interceptor SAD, which requires a $316.80 fee per connectIOn. This fee is estimated to be $950.40(4 lots -1 existing residence x $316.80 = $950.40). Fees are due with the construction permit prior to recording of the short plat. G. Findings Having reviewed the written record in the malter, the City now enters the following: I. Request: The applicant has requested Environmental Review and Administrative Short Plat Approval for the Amanda Short Plat, File No. LUA07-055, SHPL-A, ECF. 2. Application: An application was submitted in compliance with the requirements for conducting short plat and review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3, Comprehensive Plan: The subject proposal is consistent wifh fhe Comprehensive Plan designations of the Residential Low Density (RLD) land use designation. City of Renton P/B/PW Department Administrative Land Use Action REPORT ANO OECISION OATEO July 30, 2007 PROJECT LliA 07-055 SHPL-A, ECF Page 12 4_ Zoning: The proposal as presented generally complies with the zoning requirements and development standards of the Residential-5 (R-5) zomng designation, to which it is vested, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal generally complies with the requirements established by the City's Subdivision Regulations for the short platting offour lots provided all advisory notes and conditIOns of approval are complied with. 6_ Existing Land Uses: Land uses surrounding the subject site include: North Residential -4 (R-4); East Residential -4 (R-4); South: Maplewood Heights Elementary, King County 1 -4 (R-4); and West Residential -4 (R-4). i. ERC Review: The City's Environmental ReVIew Committee (ERC) has reviewed the proposal and issued a detennination of non-significance-mitigated (DNS-M) and imposed two mItigation measures. 8. Critical Areas: The subject site contains an area of approximately 18,025 square feet of protected wetlands and associated buffer. H. Conclusions 1. The subject site is located in the Residential Low Density (RLD) comprehensive plan designation and generally complies with the goals and policies established for this designation. 2. The subject site is located m the current Residential -4 (R-4) zomng designation, but is vested to the Residential -5 (R-5) development standards. The project complies with the zoning and development standards established with this designatIOn provided all conditions of approval and advisory notes are complied with. 3. The proposed four lot short plat with access tract generally complies with the subdivision regulations as established by city code and state law provided all conditions of approval and advisory notes are complied with. 4. The proposed four lot short plat with access tract complies with the street standards as established by Renton City Code provided all conditions of approval and advisory notes are complied with. I. Decision The Amanda Short Plat, File No. LUA07-055, SHPL-A, ECF is approved subject to the following conditions: Conditions of Short Plat Approval 1. Prior to the issuance of any building permits, the applicant shall submit a revised landscape plan to the Development Services project manager, indicating the species name and size of the trees to be located in the front yard setback area of each of the lots as well as the required landscape strip. In addition, the landscape plan should include the plants the applicant proposes to use in the bioswale. 2. Prior to the issuance of utility construction permits the applicant shall submit a revised tree inventory plan to the Development Services project manager, showing the location of tress to be preserved. 3. The applicant shall pay a Traffic Mitigation Fee based on a rate of$75.00 per net new average daily trip attributed to the project ($2,153.25 total) prior to the recording of the short plat. 4. The applicant shall establish a homeowners' association or maintenance agreement prior to or concurrently with the recording of the final short plat in order to establish maintenance responsibilities for shared roadway and utilities. A draft of the document(s) shall be submitted to the City or Renton P/B/PW Department Administrative Land Use Action REPORT ANI) DECISION DATED July 30, Z007 PROJECT l[IA 07-055 SHPL-A, ECF Page 13 City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. 5. Prior to recording, the applicant shall revise the short plat to show the wetland and associated buffer In a Native Growth Protection Easement. The easement shall be reviewed and approved by the Development Services project manager. 6. The applicant shall place a permanent split rail fence and signs indicating the presence of the critical area around the perimeter of the onsite wetland buffer. The location of the split rail fence shall appear on the face of the plat map. 7. Prior to issuance of any utility constructIOn permits, the applicant shall provide the Development Services project manager with a revegetationlrestoration plan for the wetland buffer. The plan must be reviewed and approved by City staff prior to undertaking any restoration. 8. The applicant shall pay a Fire Mitigation Fee of$488.00 per new single-family lot ($1,464.00 total) prior to recording of the short plat. 9. Because all four lots will benefit from the bioswale, but it is located exclusively on lot 4, the applicant shall record a restrictive covenant requiring joint responsibility for the cost and maintenance of the bioswale for all lour lots. The covenant shall provide the owner oflot 4 with reasonable assurance of protection from legal ramificatIOns should the bioswale not function as properly designed. The restrictive covenant shall be reviewed and approved by Renton's City Attorney Environmental Review Committee Conditions: 1. The applicant shall follow the recommendations found in the geotechnical report submitted by Dennis Joule, dated April 18,2007. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the StornlWater Management Manual. This condition shall be subject to the review and approval of the Development Services Division. SIGNATURE: Gregg A. Zimmerman, PIBIPW Administrator TRANSMITTED this 30" day of July, 2007 to the Owner' William & Sandra Wofford TRANSMITTED this 3(f' day of July, 2007 to the Applicant: Bill Hughes, W.H. Hughes Homes, Inc. TRANSMITTED this 3(f' day of July, 2007 to the following Parties of Record: Tom Redding, Bamill & Holmberg, Inc. 7,hv107 decision date City of Renton P/B/PW Department REPORT AND DECISION DATED July 30,2007 PROJECT LlA 07-055 SUPL-A, EeF TRANSMITTED this 30" day of July, 2007, 201J6 10 thefl)llowing. Larry Meckling, Building Official Larry Rude, Fire Marshal Neil Watts, Development Services Director Jennifer Henning, Current Planning Manager Jan Conklin Carrie Olson Renton Reporter Land Use Actioll Appeals & Requests for Recollsideralion Administrative Land Use Action Page 14 The administrative land use decision will become tinal if the decision is not appealed within 14 days of the effechve date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21('075 (3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that the Administrator reopen a decision on a short plat. The Administrator may modify his decision if material evidence not readily discoverable prior to the origmal decision is found or ifhe finds there was mIsrepresentation of fact. After review of the reconsideration request, if the Administrator finds insuftlcient evidence to amend the original decision, there wIll be no further extension of the appeal period. Any person wishing to take further action must file a forn1al appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 20, 2007. City of Renton Municipal Code Section 4-8-110 governs appeals to the Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extensIOn may be requested pursuant to RMC section 4-7-080.M. City of Renton P/B/PW Department Administrative Land Use Adion REPORT AND DECISION DATED July 30, 2007 PROJECT LliA 07-055 SHPL-A, ECF Page 15 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 infonnation only, they are not subject to the appeal process for the land use actions. Planning I. All new dwelling units shall provide vertical fa,ade modulation at least every 20 horizontal feet, including front, side and rear facades when visible from a street. This requirement will be reviewed at the time of building pennit submittal. 2. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. Thc Development Services Division reserves the right to rescind the approved extended haUl hours at any time if complaints are received. 3. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Sarurdays shall be restrIcted to the hours between mne o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Property Services -Comments for Final Short Plat Submittal I. Please see attached memo from Property Services regarding revisions and final short plat information. Fire Prevention 1. A fire hydrant with I,OOO-gpm fire flow and Stortz littlllgS IS required within 300 feet of all new single-family strucNres. If the building square footage exceeds 3,600 square feet in area, including the garage, the nummum fire flow increases to 1,500 gpm and requires two hydrants within 300 feet of the strucNres. 2. Fire department access roads are required to be paved, 20 feet. 4. Street addresses shall be visible from a public street. Plan Review -Surface Water 1. Surface Water System Development Charge is $759 per new dwelling unit. This fee is due with the utility construction permit. 2. Drainage requirements must meet the 1990 King County Surface Water Design Manual. Plan Review -Sewer 1. Dual sidesewers are not allowed. New lots must be served with an individual sidesewer. 2. The Sewer System Development Charge is $1,017 per new single-family residence. This fee is due with the construction pennit 3. This project requires the installation of a sanitary sewer main and sewer services from Lyons Avenue. 4. This project is located in the East Renton Interceptor SAD and requires a $316.80 ree per connection prior to recording the short plat. 5. System development charges are $1,017 per new lot and will be collected prior to recording the short plat. Plan Review -Water 1. Surface Water System Development Charge is $759 per new dwelling unit. This fee is due with the construction pennit. 2. Drainage requirements must meet the 1990 King County Surface Water Design Manual. 3. Fire flow requirement for single-family residences is 1,000 gpm. Hydrants are required within 300 feet of all strucrures. Existing hydrants to be counted, as fire protection will be required to be retrofitted with a 5-inch Storz quick disconnect fitting, Plan Review -Street Improvements 1. This project requires the installation of street improvements including curb, gutter and sidewalks to all City of Renton standards across the full frontage of the parcel being developed (Lyons Avenue and Jericho Avenue). 2. All new electrical, phone and cable services must be underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. 3. Per City of Renton code the owner is required to install curb, gutter, streetlights and sidewalks, along the frontage of the parcels being developed. This includes Jones Ave NE. • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND IlEClSlON DATEIl July 30. 2007 PROJECT Ll;A 07-055 SHPL·A. ECF Page 16 Plan Review -General 1. All required utility; drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Cl\"il Engineer. 2. The constIUcrion pernlit application must include an itemized cost estimate for improvements. The fee for review and inspection of these improvements is 5% of tbe firsl $100,000 of the estimated construction costs; 4% of anything over $ 100,000 but less than $200,000, and 3% of anything over $200,000. Half of this fee must be paid upon application for construction pennits (preliminary plat improvements), and the remainder when the construction permit is issued, There may be additional fees for water service related expenses. 3, All plans shall be tied to a minimum of two crthe City of Renton Horizontal and Vertical Control Network. R-B CA R-l CA, R-10 R-8 E6 • 10 T23N RSE E ]/2 R-B w R-~ Cl.l :>-«: o ..q () .~ ,... Cl.l >-0 R-4 SE 2nd Pl I R-4 NE 2nd SL R-4 "--"1-. ___ J:::==: Cl.l -.-R-4 Z /''''''' R~4 NE 3rd ~===~~ R-4 R-4 SF: 2nd ct R-4 : R-:4 R ZONING G6 . ~2_~~~ ... ~ ~ .. ]/2 0 ,::. '00 F 6 PIBIPW 'l'JICBNlCAl, SBllViCBS 0%I2III0'l 15 T23N R5E E 112 5315 DATE: TO: ROUTE TO: FROM: SUBJECf: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM December 3, 2007 Arneta Henninger, Plan Review Kayren Kittrick, Plan Review Carrie Olson, Plan Review AMANDA COURT SHORT PLAT LUA07-055-SBPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachment included: • Utilities Easement, Emergency Access Easement, Lot Closures and Short Plat drawings. Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Slatus Of; ~ &!!WI. NA Project #s Comments 7: As-Builts Cost Data Inventory Bill of Sale Easements "i. Utilities Easement; (Water, Sewer, Utilities, Hydrant, etc.) Ea'iement for Emergency Access Deed of Dedication Square Footage: "i. Restrictive Covenants Off-site Improvements Deferral "i. Maintenance Bond Release Permit Bond Comments: Approval: :-::-_--=:-::--,--_____________ ,---____ --" Date: ____ _ Kayren Kittrick Arneta Henninger Cc: Yellow File