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"Chip" Vincent, Administrator September 26, 2016 Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE, Suite 100 Bellevue, WA 98004 SUBJECT: Request for Maintenance and Monitoring Whitman Court City of Renton File LUA14-000295 Dear Mr. Berger: The City has not received the 2nd quarter maintenance and monitoring reports associated with the conditions of the PUD and environmental determination. Quarterly reports are/were due August 10, 2016, November, 10, 2016, and February 10, 2017. Please provide the 2nd reports by the 3rd quarterly reports by the due date of November 10 2016. You may contact me at 425.430.6593 or mherrera@rentanwa.gov with any questions regarding this letter. Sincerely, Matthew Herrera, AICP Senior Planner cc: Simone Oliver, Altmann Oliver Associates, LLC., PO Box 578, Carnation, WA 48014 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov JUN 0 S z FOSTER PEPPER, Direct i'lione (206) 447-6407 Direct Facsimile (206) 749-193 E -Mail 6rogjCcofoster.com June 5, 2015 VIA E-MAIL & U.S. MAIL Rocale Timmons Senior Planner City of Renton — Current Planning 1055 South Grady Way Renton, WA 98057 Re: Washington Federal — Whitman Court PUD (LUA14-000295 and LA14-001044) Dear Rocale: This firm represents Washington Federal regarding the above -referenced matter. I understand that my client's agent, Brett Conway of Craft Architects, has been in recent contact with you regarding outstanding design issues associated with approval of the Washington Federal project in the Whitman Court PUD. I have reviewed correspondence between the City of Renton ("City") and Mr. Conway and firmly believe the City has not clearly communicated the following: (1) what architectural elements are needed in order to satisfy the reviewing official, and (2) what specific Urban Design Regulations or Design District guidelines define what is "visually interesting" to the reviewing official. While I recognize that satisfaction of FPUD Condition 25 calls for "added architectural detailinls elements," it is often dill.icult for annlicants to asceruiin exactly what tareet they +re aiming for that will satisfy what are necessarily subjective design decisions (guided by what are intended to be rather general objective criteria). In this case, my client has expended significant resources far in excess of what we have incurred in other jurisdictions to address design issues. Mr. Conway's April 29, 2015 letter identifies no less than 16 additional design elements to address your request to create a design that is "Visually interesting'' along NE 4"' Street. The intent statements in the Design District D Checklist can just as easily be interpreted in a manner that support my client's present design. For example, Standard A(2) calls for the applicant to "organize buildings in such a way that pedestrian use of the district is facilitated...." The proposed orientation of the building and associated internal pedestrian pathway provides an increased pedestrian amenity directly interfacing with the sidewalk along NE 4'h Street. This pathway continues throughout the site and links with the residential development's entry/community feature. Placing the building entry on NE 4t" Street would create a +100 foot customer travel distance from parking area to the bank's front door. This would be both unsafe rii:206.447.4400r�N206.447.07001111iml,'I)AI:\tr::.iiir.; SEATTLE. WASIIINGTON-?10 ;;•:,`t�a�.FC7STEF2.c:c i s3,14983� i SEATTLEkk\1 !ri� joz SPOKANE ,iiiwio\ Rocale Timmons June 5, 2415 Page 2 and very inconvenient for pedestrians. It would be inconsistent with Intent statement A(3), which explicitly calls for the applicant to "make building entrances convenient to locate and easy to access...." I believe the best course of action for resolving this matter is to schedule a short meeting with you and Ms. Henning focused on reaching a final agreement on the design attributes of this building. I will be following up this letter with an e-mail invitation inquiring as to your shared availability. Sincerely, FOSTER PEPPER PLLC Joseph A. Brogan cc; Keith Taylor Marcelo Oarces John Yeckel Pat Stevens Brett Conway Ben Seeger Denis Law Mayor City o �`• t y.. � _ s Community & Economic Development Department February 10, 2016 C.E."Chip"Vincent, Administrator Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE, Suite 100 Bellevue, WA 98004 SUBJECT: Start of Monitoring Whitman Court PUD File No. LUA14-000295 Dear Mr. Ebensteiner: Monitoring and Maintenance Period Start Date: On January 26, 2016 the Baseline Monitoring Report, Certificate of Installation, and As-Builts, for the Whitman Court PUD project, were received. Therefore, the date of this letter marks the beginning of your minimum 5 -year maintenance and monitoring period. As a reminder, reports are due quarterly for the first year and annually thereafter. Your first quarterly monitoring report is due to the City on or before May 10, 2016. Please send three copies of the report to my attention. Surety Devices: This letter is also confirming the City has received the following surety devices: Wetland Install: $25,089 Wetland Monitoring: $52,125 The install surety device ($25,089) will be released as successful installation of the project has been confirmed. The remaining device ($52,125) will be retained to cover the cost of a minimum five year successful maintenance and monitoring period. In order to ensure the quickest possible release of your surety devices, please make sure prompt monitoring and maintenance are performed for the duration of your monitoring period. If at anytime during your minimum five-year monitoring period the mitigation project falls below performance standards, the monitoring period will be placed on hold. Once the mitigation project regains compliance with approved performance standards, Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov February 10, 2016 Page 2 the maintenance and monitoring timeframe wiii restart for a period necessary to establish that performance standards have been met. I look forward to receiving your first quarterly maintenance and monitoring report, which is due on May 10, 2016. Sincerely, Rocale Timmons, Planner Current Planning Division cc: Stacy Tucker, Planning Technician Altmann Oliver Associates, LLC Yellow File DEPARTMENT Of COMMUNITY �-"F AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 15, 2016 TO: Stacy Tucker, Planning Technician FROM: Rocale Timmons, Senior Planner SUBJECT: Release of Assignment of Funds Whitman Court PUD City of Renton File LUA14-000295 Please initiate the paperwork to release, the surety device far the Whitman Court PUD mitigation project installation as it has been successfully installed. The amount is for approximately $25,089. A copy of the paperwork should also go in the yellow file and to the City Clerk's office. Thank you! H:\CED\Planning\Current Planning\PREAPPS\14-000678 r Check Requestfor Non Vendor Refund or Reimbursement This form is to be used only for onetime vendors. Please con tact Accounts Payable if you have any questions regarding one time vendors. C,ieck will be included in the next schedided A/1' check run and mailed cater Council approval. Check Request Info: Date of request: 2/15/16 Requestor's name: Requestor's department/division: Requestor's ext. #: Stacy Tucker CED/Planning 7282 Payable to: Lozier at Whitman Court, LLC Mail address for check: 1300 110' Avenue SE, Suite 100; Bellevue, WA 98004 Check amount: Account number(s) to charge: Amount per account #: $25,089.00 650.000000.000.237.00.00.0000 $25,089.00 Reason for refund or reimbursement: Successful installation of mitigation project, per Planner. Check handling request: Please mail check directly to payee. Thanks Hppuvvdl 019tiaiurts: Requestor's Department Administrator, Division Director or designee: Jennifer Henning type name of signer on above line Date: February 15, 2016 The person approving this check request must be an authorized signer. I[:1C:[iDN['lanning%Current M;imm�g\S1vt11_5Qv&\SENSITIVE. kREA OR WETLAND LIITFGAT[ON NLUNTENANC'E BUNDS RELEASE LETTER51Whilrnan Churl PC'D l.L'Al1-UUU2J5_Irt,lalln[ion Surety - Creck Rryucrz Relenu_02-i5- i6.pdf.Jucx Oniine Trpeubfe F'onn. )WY 2007 BILLING INVOICE EGO0049823 __0000wo" C I T Y DF --��Rp C-Ixton 0 1055 S Grady Way, Renton, WA 98057 DEPARTMENT, Transaction Date: February 15, 2016 AR: Eden Invoice: BILLING CONTACT Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE , 100 Bellevue, WA 98004 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD Check 492 Plan LUA14-000295 Performance/Permit - Cash Bond Release Refund Finance AP $25,089-00 3954 (650.000000.000.237.00.00,000) $: 25,089.00: SUB TOTAL $25,089.00 TOTAL $25,089.00 Printed On: February 15, 2016 Prepared By: Stacy Tucker Pagel of I SPECIAL DEPOSIT TRANSMITTAL. PAYEE:Lnz# er-cci t+Ik' 43Wid'au�4} REFUNDING ADDRESS: CITY:. j ;:'VU e- STATE: I A ZIP: r" _ PROJECT NAME -.t- ADDRESS LOCATION: PERMIT #: L A 111 - _00O DEPT. CONTACT: E)CTN: -7241 SPECIAL DEPOSIT CONDITIONS: I a r ;QALVA Qtl-t- f . DMGICH-SSDEVELOP.SEROEV&PLAN.11IMBLDG DEPT- MO kbMSC. BUILDING DOCS%TENPlATFSLSPEC. CEPOST WHITE AND YELLCWTO FINANCE. RETAIN PINK FOR PBPW RECOROS - DATE: -i 1 RECEIPT # :Li � k FINANCE REC. AMOUNT: $ r7 WOM FUNCTION #: TYPE OF DEPOSIT: BUILDING: ❑ 90 DAY TEMPORARY OCCUPANCY PERMIT ❑ LANDSCAPING MAINTENANCE ❑ SIGN DEPOSIT 0. STREET CLEANING PUBLIC WORKS 0PW CONSTRUCTION PERMIT PROPERTY SERVICES ❑ LATECOMER FEE (TO BE RETURNED TO LCS HOLDER) 0. STVAC (APPRAISAL FEE DUE APPRAISER) BOARD OF PUBLIC WORKS © BPWDEF (BPW DEFFERAL) (WO# 89150 FN# 5190 TRANS CODE #7054) OTHER: S13 I 6 RECEIPT EG00032140 BILLING CONTACT GARY SANFRIG LOZIER AT WHITMAN COURT LLC 4300 114TH AVE SE , SUITE 100 BELLEVUE, WA 98004 City of Transaction Date: December 30, 2014 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD Check #92� Plan LUA14-000295 Performance/Permit - Cash I Bond Payment lCheck #92 1 $25,089.00 SUB TOTAL TOTAL $25,089.00 $25,089.00 Denis Law Mayor December 30, 2014 Paul Ebensteiner Lotier at Whitman Court LLC 1300114th Ave SE, Suite 100 Bellevue, WA 98004 City of Alt **tR Community & Economic Development Department C.E."Chip"Vincent, Administrator Subject: Receipt of Installation and Maintenance and Monitoring Sureties Whitman Court PUD, File No. Q0At To Whom It May Concern: Surety Devices: This letter is also confirming the City has received the following surety devices: Wetland Mitigation Installation: $25,078.00 Wetland Mitigation Maintenance and Monitoring: $52,125.00 The surety device for the installation will be released once successful installation of the project has been confirmed. The maintenance and monitoring surety will be released upon successful completion of the 5 -year mitigation plan. In order to assure the quickest possible release of your surety device for maintenance and monitoring, please ensure prompt monitoring and maintenance are performed for the duration of your monitoring period. If at any time during your minimum five-year monitoring period the mitigation project falls below performance standards, the monitoring period will be placed on hold. Once the mitigation project regains compliance with approved performance standards, the maintenance and monitoring timeframe will restart for a period necessary to establish that performance standards have been met. *Please note that the $82,140 assignment of funds provided for the Ribero Bolko Mitigation project (LUA02-129) will be released. Next Steps: Work with the Plan Review Section to obtain construction permits and begin work on wetland mitigation installation consistent with the approved plan. Mitigation Installation and Approval: Once the wetland mitigation has been installed (plants, signage, fencing, etc.) pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan. As Built Plans for the Mitigation Area: A copy of the as -built plans of the approved mitigation plan, prior to recording; unless an installation surety device is provided or if plantings are installed as exactly per plan. Renton City Hall . 1055 South Grady way . Renton, Washington 98057 . rentonwa.gov Monitoring and Maintenance Period Start Date: Once the mitigation project has been installed, please provide me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. The date the City receives this written confirmation will constitute the beginning of the minimum 5 -year maintenance and monitoring period. Wetland Information Needed on Final Plat Map: RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth Protection Easement. Please send all required information to my attention. Feel free to contact me at 425-430-7219 if you have any questions regarding this letter. Sincerely, Ro le Timmons Senior Planner cc: Simone Oliver, Altmann Oliver Associates, LLC Kamran Yazdidoost, Plan Reviewer LUA14-000295 LUA02-129 DEPARTMENT OF COMMUNITY ityor AND ECONOMIC DEVELOPMENT��� M E M O R A N D U M DATE: December 30, 2014 TO: Stacy Tucker FROM: Rocale Timmons SUBJECT: Release of Assignment of Funds Ribera Balko Wetland Mitigation City of Renton File i_UA02-129 Stacy, Please initiate the paperwork to release, the surety device for the mitigation project for the Ribera Balko Short Plat. The amount is for approximately $82,140. A copy of the paperwork should also go in the yellow file and to the City Clerk's office. Thank you! h:\ced\pianning\current planning\wetlands\ribera-balkolrelease memo.dou if in } 00 L31 U Q co 1 01 ru LUcq � ail `O LL LU D 00> `' a a4 LLJ O mrm w wXru z 'b z >, ru z C2 o ❑ C7 rn p o c. . rn 4p C O 0 o p LU: Wh: r 1 W U) ,O1 t ►► tu ¢ c. . u tu v .41 -1 lais n O -A -u v -q-< mM x� _ m n r LJ,1 1 0 ru r `O r O r O ru Ln wXru ru 'b 1 >, ru [T ❑ o ❑ C7 rn p o c. 0 4p C O i o p O -A -u v -q-< mM x� _ m n r LJ,1 0 r r O r ru wXru 'b M: n D a . N. O, o p N. U) o' f�.rm WJE -6F O -r3 m L. 0 a c D z m 0 z m M C z a ;o m a z C m a O r D V/ L �:.. C) _ CJJ G- �+ G a aA M G OD CO Z rn.o o� 0.., r 0 a mm �Z m0 ;;K C cn O C m T mm> >n w8x Q ED C)m Lo,er at Whitman Court, LLC December 19, 2014 City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 Att: Rocale Timmons, Senior Planner RE: Whitman Court P.U.D. NE 41h and Whitman Ct. NE, Renton, WA. Lot A Mitigation - Sureties Dear Rocale, The applicant, Lozier at Whitman Court, LLC (LWC), submits this letter and its attachments to document in part compliance with Condition #2 of the Conditions of Approval issued by the Hearing Examiner for the proposed preliminary plat and preliminary PUD on June 11, 2014. Condition #2 reads as follows: A final wetland mitigation plan which integrates the Ribero-Balko Wetland and Stream Buffer Mitigation Plan with the Altmann -Oliver Mitigation Plan (AOA Plan) shall be submitted to and approved by the Current Planning Project Manager (CPPM) prior to construction permit/Final PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream and associated buffers, the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Finally, the applicant would be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first. In compliance with Condition #2, LWC has submitted a final wetland mitigation plan prepared by Altmann -Oliver Associates, LLC dated 9/26/14, and, which has been approved by the CPPM on 12/12/14. This plan covers all work to be done in Tract A that encompasses the stream/wetland and buffer area on the site. The plan was submitted prior to construction permit issuance and Final PUD approval. In compliance with Condition #2, LWC herein submits a cash surety to guarantee the maintenance and monitoring of the Tract A in accordance with the AOA Plan for a period of five (5) years from the date of acceptance and approval of the initial plantings and improvements. The surety will be released and returned to LWC atter successful completion of the maintenance and monitoring period. Maintenance costs of $32,400 x 125% _ $40,500 Monitoring costs of $9,300 x 125% $11,625 Surety amount = $52,125 1300 114TH AVE SE, Suite 100; BELLEVUE, WA 98004 (425) 454-8690 Lo,-.er at Whitman Court, LLC In compliance with Condition #2, LWC herein submits a cash surety to guarantee the plantings and improvements of the AOA Plan will be completed. The surety is submitted prior to the recording of the Final Plat and Final PUD. Upon acceptance of the installation per the plan, the surety will be released and returned to LWC. Installation costs of $20,071 x 125% $25,089 Surety amount = $25,089 Thank you for your assistance in this matter. Sincerely, aul4Eben'steiner 1300 114TH AVE SE, Suite 100; BELLEVUE, WA 98004 (425) 454-8690 It z � 9�s Denis Law City of 1 f, Mayar October 17, 2014 Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE, Suite 160 Bellevue, WA 98004 Subject: Approval of Final Wetl. Monitoring and remain No. LUA14-000295 Dear Mr. Ebensteiner: Community & Economic Development Department C_E."Chip"Vincent, Administrator 'aintenance & 'Atman Court PUD, File / f11 f Mitigation Plan Approval: We have re -.-wea and approved the final wetland mitigation plan/monitoring proposal for the Whitman Court PUD, which incorporates the completion of the mitigation for the Ribera Balko Short Plat, received by the City on October 2,-2014. I have enclosed an approved copy for your records. The mitigation project shall be installed in conformance with the approved plan prior to recording or a separate surety device shall be provided. Next Steps Mitigation Installation and Approval: Once the wetland mitigation has been installed (plants, signage, fencing, etc.) pursuant to the approved plan, please have your wetlands specialist provide me with written verification thathe installation is in conformance with the approved plan.. You may be planning on installing & rri ft 'on project after the plat records or the Final PUD is approved; in order to provide you-. the. amount of security necessary for the installation of the plantings, signage, fencing' � e will need a copy of the signed installation contract for this work. Once the City approves the contract proposal, the applicant will need to provide an installation surety device (a letter of,credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee the installation of the mitigation project. As Built Plans for the Mitigation Area: A copy of the as -built plans of the approved mitigation plan, prior to recording; unless an installation surety device is provided or if plantings are installed as exactly per plan. Monitoring and Maintenance Surety Amount: In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Altmann Oliver Associates, mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Renton City [fall . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures improvements, and mitigation perform satisfactorily for a period of 5 years" (e -g- add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years_ *Please note that once a surety device is received for the maintenance and monitoring and the mitigation planting plan is either installed or an installation surety device is provided, the $52,140 assignment of funds provided for the Ribera Balka Mitigation project (LUA02-I29) will be released. Monitoring and Maintenance Period Start Date: Once the mitigation project has been installed, please provide me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. The date the City receives this written confirmation will constitute the beginning of the minimum 5 -year maintenance and monitoring period. Wetland Information Needed on Final Plat Map: RMC Section 4-3-05OG3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or. Native Growth Protection Easement. Please send all required information to my attention_ Feel free to contact me at 425-430-7219 if you have any questions regarding this letter. Sincerely, JRolce Timmons Senior Planner cc: Simone Oliver, Altmann Oliver Associates, LLC Kamran Yazdidoost, Plan Reviewer LUA14-000295 LUA02-129 Denis Law City Of Mayor City Clerk - Bonnie I. Walton June 16, 2014 Eric La Brie ESM Consulting Engineers LLC 33400 8th Ave S Federal Way, WA 98003 Re: Final Decision for Whitman Court PUD LUA-14-000295, ECF, PP, PPUD Dear Mr. LaBrie: Attached is your copy of the Hearing Examiner's Final Decision dated June 11, 2014, in the alcove -referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Rocale Timmons, Associate Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Sabrina Mirante, Development Services Parties of Record (4) 1055 South Grady Way • Renton, Washington 98057 • (425)430-6510/ Fax (425) 430-6516 • rentonwa,gov Whitman Court PUD LUM4-000295 PARTIES OF RECORD Paul Ebensteiner ESM Consulting Engineers LLC S8 16 Ribera Balco LLC 1300 114th Ave SE, 100 33400 8th Ave S 190 Queen Anne Ave N, 100 Bellevue, WA 98004 Federal Way, WA 98003 Seattle, WA 98109 (425) 635-3938 paule@loziergroup.com (253) 838-6113 eric.labrie@esmcivil_com Page 1 of i Verity Swearingen Jeffrey Thomson 4312 NE 2nd Ct 272 Vashon PI NE Renton, WA 98059 Renton, WA 98059 (206)384-5388 Page 1 of i Hearing Examiner's Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF RENTON JUN 12 2014 RECEIVED CITY CLERK'S BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Whitman Court PUD FINAL DECISION Preliminary Plat and Planned Urban Development LUA14-000295, ECF, PP, PPUD SUMMARY The applicant proposes a preliminary plat to subdivide a 5.12 acre parcel into 41 lots to accommodate 40 zero lot line townhomes in ten separate buildings and a commercial bank. A planned urban development ("PUD") is proposed in order to vary lot, landscaping street, setback, parking, design, and refuse and recycle standards. The preliminary plat and PUD are approved subject to conditions. TESTIMONY Ms. Rocale Timmons, Department of Community and Economic Development, stated that the subject site forms an L -shape, is approximately 5 acres, is zoned commercial arterial, and contains a category 2 wetland as well as a class 4 stream. The site is flat topographically, sloping down from the northeast to the southwest with an approx_ 18 -foot change in elevation. Ms. Timmons stated that the applicant has requested a preliminary planned urban development, or PUD, as well as a preliminary plat for 41 lots that would be used for 40 homes in addition to an approx. 2,600 foot commercial bank with drive through lanes. Ms. Timmons stated that staff has received one comment from the Muckleshoot Indian Tribe Fisheries Division with questions related to the proposed wetland enhancement plan and that is the only comment that the proposal has received. On March 24, 2014, the environmental review committee issued a determination of non -significance with two mitigation measures. One measure is related to PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 recommendations within the provided geotechnical report, and one is related to erosion control in compliance with the current King County Surface Water Design Manual. The appeal period was from April 4 to April 18, 2014, and no appeals were filed. Ms. Timmons stated that the applicant proposes 40 homes, which would mean approximately 11.1 dwelling units per acre. The residential units would be contained within ten separate buildings, and lot sizes are to range from 814 square feet to approx. 1800 square feet. Access to the sites would be via Whitman Court NE, and there would be secondary, limited access via NE Fourth Street. The proposal is for 102 parking spaces on site; the residential units would have garage parking within the structure. There would be 16 surface parking stalls for commercial parking, and there would be 6 auxiliary parking stalls adjacent to a proposed drainage facility. The residential units would be approx. 35 feet tall, and the proposed commercial structure would be approx. 30 feet tall. There is an existing storm water facility on the site; it contains a concrete retaining wall. The mitigation project that came with the Ribera Balko short plat that included this facility has been abandoned. The applicant proposes a plan within their project to enhance the critical areas on site, which would include approx.18,000 square feet of enhancement in addition to approx_ 7,200 square feet of enhancement of the existing buffer that was mitigated in the Ribera Balko short plat. Ms. Timmons said that based on comments from the Muckleshoot Indian Tribe Fisheries Division, staff has recommended a condition that requires the applicant provide baseline information for the existing mitigation plan that was abandoned_ Ms. Timmons stated that Staff found the proposal does comply with the PUD applicability standards outlined in RMC4-9-150 if all recommended conditions of approval are met. Staff believes the development of the site in the proposal results in a superior design than that which would result from a regular, strict application of the development standards; this belief is based on the provisions in the proposal for enhancement to critical areas, the plan in the proposal for additional public facilities that would not have been required by code, and the overall design of the PUD itself Staff found that the utility services, emergency services, and other improvements are sufficient to serve the proposed project if all recommended conditions of approval are met. Staff asks (1) that the applicant revise the road lay out to make the proposed internal road system a private road network, and (2) that there be a separation for pedestrians as well as a separation for driveways on the site. Ms. Timmons stated that the applicant has expressed concern about the necessity for separation for driveways. Ms. Timmons stated that, with respect to safe routes to school, staff found that portions of the walk from the proposed site to the high school are without a designated walkway, and staff has recommended that the applicant demonstrate that there are safe walking conditions from the site to the school. Students would be required to walk from the site to the school because the school is 1.5 miles from the site, which is the threshold for walking to school. Ms. Timmons stated that the applicant is compliant with the underlying zoning standards for the commercial arterial zone_ Staff supports all of the modifications requested with the exception of one for lot coverage; the applicant would like the flexibility to vary the standard for lot coverage beyond 75%, but Staff does not support that given the need for private, open space on the lots, thus staff recommends denial of that specific modification. Ms. Timmons stated that with respect to design standards, the proposal does comply with the design district D standards if all recommended conditions of approval are met. Specifically, staff has requested that the applicant enhance landscaping/screening along northeast Fourth Street for the proposed bank. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 2 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The proposal is compliant with the development standards that are specific to PUDs with the exception of the standard for private, open space, which is required to have dimensions at 15 feet. The proposal does not meet this requirement, and staff has recommended a condition of approval to address this deficiency, although the applicant has told the staff since the recommendation was provided that this standard would be difficult to achieve. Staff found that the proposal is compliant with preliminary plat review criteria if all recommended conditions of approval are met. In summary, staff recommends approval of the Whitman Court PUD subject to 34 conditions of approval. Mr. Steve Lee, Development Engineering Manager, clarified that this proposal has adequate fire, utilities, and other access amenities, and the proposal includes the necessary off-site traffic measures. Mr. Lee stated that Ms. Timmons mentioned that the applicant has an issue with recommendation of approval number 14, and Mr. Lee explained that the recommendation was made when road B was going to be public, but the proposal has changed to make road B private, thus it is not necessary for there to be the separation that is required in recommendation 14. Applicant Testimony Mr. Evan Mann, ESM Consulting Engineers on behalf of the Whitman Court PVD, stated that the proposal has made an effort to have as much pedestrian access on the site as possible. The project is intended to allow home ownership within Renton, and this home ownership will anchor the area in a beneficial, sustainable way. Mr. Mann stated that the original critical area mitigation plan was not completed; instead, it was constructed but maintenance was not performed. This proposal plans to improve the critical area beyond what was originally proposed, addressing the issue of the earlier, unfinished mitigation. Mr. Mann stated that the project would not have any adverse, increased impact on critical areas. The proposal will mitigate for the work that was done on the wetlands when the short plat was originally approved. Mr. Mann stated that the applicant concurs with condition of approval number 1. The recommendations from the geotechnical report will be incorporated as the project proceeds with construction. The applicant has prepared a letter with some additional information with regard to several conditions of approval, including condition number 2. The applicant concurs with condition number 3. Mr. Mann clarified with respect to condition of approval number 4 that the proposal currently plans to provide signage for the one overlook. Other areas of natural openings will be available, but there is no formal signage proposed in those locations. With respect to condition number 5, the applicant wants to point out that the trail is major public amenity that enhances the overall pedestrian network in the community. The applicant concurs with condition number 6. Mr. Mann stated that condition number 7 is not really necessary, but they will provide the visual barrier that is recommended. The applicant concurs with condition number S as well as condition number 9. Mr. Mann stated that the applicant has provided a revised site plan to staff since the Staff Report was prepared that incorporates many of the changes that are recommended in condition number 10, condition number 11, and condition number 12. The applicant concurs with condition number 13. In regard to condition number 14, that has been removed for the reasons that Mr. Lee explained. In regard to condition number 16, the applicant reached out to the school district, and the assistant director of transportation said that all schools would be bussed without regard to distance, thus designated walkways PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 for walking from the site to the school is not necessary, and the applicant requests therefore that condition number 16 be removed. In regard to condition number 20, the applicant no longer feels that their request for flexibility in lot coverage is necessary, and they strike their request from the proposal. In regard to condition number 21, the applicant is working with waste management to prepare a plan. In regard to condition number 25, curb cuts will be provided when possible. In regard to condition number 32, the applicant plans to use the administrative process to address this condition. Mr. Paul Ebensteiner stated that he is one of the owners of the property that has put this proposal together, and he spoke about his experience in planning developments like this. He submitted to the record a letter dated May 23, 2014, and it was admitted. The letter gives background information on the property, responds to the comment from the Muckleshoot Indian Tribe Fisheries Division, and addresses the conditions of approval that staff recommended. Attachment 5 to the letter is the email from the school district assistant director of transportation. Mr. Brett Conway, the architect for Washington Federal, asked, in regard to condition number 22, whether there was latitude for the discussion of security in alignment with the screening of that area. In regard to condition number 26, that has already been provided in the site plans. In regard to condition number 27, it is not in the un -colored exhibits but the bank facades do have contrasting materials Ms. Timmons stated that condition number 22 has flexibility, but the intent behind the condition is to have diverse vegetation that includes shrubbery as well as trees. The only impact from this project on the wetlands would be from the soft surface trail. In general, the enhancements that are proposed are to the benefit of the public. Ms_ Timmons stated that staff is okay with modifying the first sentence of condition number 2. In regard to condition number 4, staff believes that signage at the one, northernmost overlook would be sufficient in this case. In regard to condition number 7, staff has already made the buffer shorter than is regularly required. Staff is okay with a modification to condition number 16. In regard to condition number 25, staff is aware that there needs to be flexibility, and it is possible to have some shared curb cuts. In regard to condition number 32, this condition can be modified administratively if necessary. In regard to condition number 27, although the bank facade will have contrasting materials, Staff believes there are opportunities to provide addition visual elements to the facade, and the condition remains important. EXHIBITS Exhibits 1-19, identified at p. 2 of the May 20, 2014 staff report, were admitted into the record at the May 27, 2014 hearing. The following exhibits were also admitted during the May 27, 2014 hearing: Exhibit 20 letter from Mr. Ebensteiner dated May 23, 2014 PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 4 FINDINGS OF FACT 2 Procedural: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wo Applicants. SB Ribera Balco LLC. 2. Ham. The hearing on the applications was held on May 27, 2014 at 11:00 am in the City of Renton Council Chambers. Substantive: 3. Project Description. The applicant proposes a preliminary plat to subdivide a 5.12 acre parcel into 41 lots to accommodate 40 zero lot line townhomes in ten separate buildings and a commercial bank. A planned urban development ("PUD") is proposed in order to vary lot, landscaping street, setback, parking, design, and refuse and recycle standards. The project site is vacant. The development would be comprised of 10 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St and the remaining residential development would gain access from the existing portion and proposed extension of Whitman Ct NE. There is a Category 2 wetland and Maplewood Creek located on the western portion of the site. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic I yards of fill. The applicant requests the following development standard modifications through the PUD process: Table A: Requested Modifications from RMC RMC Code Citation Required Standard Requested Modification RMC 4-2-080 Conditions Residential uses are only permitted Permit standalone Associated With Zoning Use within a structure containing residential with units Tables, Note 18. commercial uses on the ground floor. located on the ground Commercial space must be reserved on floor. the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Residential uses shall not be located on the ground floor, PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 6 except for a residential entry feature linking the residential portion of the development to the street. RMC 4-2-120A Development The minimum lots size for lots created Permit lots sizes ranging Standards for Commercial after November 10, 2004 is 5,000 from 814 to 1,497 square Zoning Designations- Lot square feet. feet in size as shown in Size Finding of Fact 12 above. RMC 4-2-120A Development Setback requirements in the CA zone Proposed Lot 41 would Standards for Commercial are as follows: 10 feet minimum for have front yard setback of Zoning Designations- the front yard but may be reduced to 28.5 feet. Proposed Lot Setbacks zero feet through the Site Plan Review 34 would have a 10 -foot process provided blank walls are not side yard setback from the located within the reduced setback; a abutting residential zoned 1S foot maximum front yard setback; property line. and no rear or side yard setbacks unless the property abuts a residential zoned property then the setback is 15 feet. RMC 4-4-090D Refuse and The refuse and recyclables deposit area The applicant is proposing Recyclables and collection points for multi -family individual curb -side pickup residences shall be apportioned, for residential units. located and designed as follows a total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. RMC 4-6-06OF Street Various: See discussion in staff report Various: See discussion in Standards Table C: PUD Criteria - Circulation staff report Table C: PUD Criteria - Circulation RMC 4-4-070F.4 A fifteen -foot (15') wide partially sight- The eastern portion of the Landscaping Standards obscuring landscaped visual barrier, or southern property line ten -foot (10') wide fully sight -obscuring would have a 5 -foot visual landscaped visual barrier, is required barrier between the along the common property line. proposed development and the abutting R-10 single family development to the south. RMC 4-4-080F, Parking, Bank uses are limited to a maximum The proposal exceeds the Loading, and Driveway number of parking stalls based on a maximum parking stall Regulations ratio of 5 parking stalls per 1,000 allowance (13 stalls) by square feet of net floor area. three stalls for the bank Residential uses are limited to a use and residential maximum number of parking stalls maximum parking stall PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 6 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 based on a ratio of 1.75 parking stalls allowance (70) by 16 per residential unit. Additionally, 5 parking stalls. The stacking spaces per drive-thru window proposal would only are required unless otherwise provide stacking space determined by the Planning Director, sufficient for three cars in each lane. RMC 4-3-100 Urban Design Various: See discussion in Table E: Various: See discussion in Standards Design District 'D' Standards Table E. Design District 'D' Standards 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. Water service will be provided by the City of Renton. There is an existing water main in NE 4th Stand in Whitman Court NE. Sewer service is provided by the City of Renton. Sewer service is provided by the City of Renton. There is existing sewer main in NE 4"' St and on Whitman Ct NE. B. Fire Protection. Fire protection would be provided by the City of Renton Fire Department. C. Drainage. In conjunction with the City's stormwater regulations, the proposal mitigates all significant drainage impacts. The site is located within the Cedar River drainage basin. The site receives drainage from properties to the north. Currently runoff is collected by a series of catch basins and routed to a detention system/water quality pond, on the southern portion of the site, which is treated and detained prior to discharge downstream. This discharge location is near the southern most property line into Maplewood Creek_ Drainage leaves the site and runs approximately 900 feet before tapering down to a smaller swale. Drainage then continues to flow southward for another 300 feet, then spilling into a drainage field, and enters into a 12 -inch storm drain and eventually into a ravine more than % mile from the subject site. The applicant submitted a Preliminary Drainage Report prepared by ESM, dated February 18, 2014 (Exhibit 8). The report also includes the previously approved drainage report. The report states that the runoff from the proposed project would continue to be collected and conveyed by a catch basin/pipe network to the existing detention pond. The proposed facility would also continue to discharge into the onsite stream. Through the Ribera Balko Short Plat PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT -7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 (Exhibit 16) staff has treated the proposal as vested to the 1998 King County Surface Water Design Manual which includes standards for stormwater detention and water quality. The existing 40,754 cubic foot stormwater detention/water quality pond was previously approved and constructed in the southwest portion of the site in anticipation of future development. The applicant has limited impervious surfaces in order to ensure the existing volume of the stormwater pond could accommodate proposed runoff. According to Appendix A of the Drainage Report (Exhibit 8) the pond volume was required to be 38,887 cubic feet. Therefore, the constructed pond is oversized by approximately 4.8%. According to the provided report the pond volume required for the current proposal is less than the previously approved TIR's required volume. The report states that the project should not pose significant negative impacts to the downstream drainage course. The drainage report is acceptable for preliminary review_ The report will be reviewed in full detail at the time the project is submitted for construction permit_ The applicant will be required to submit a final comparison between the approved drainage facility (constructed for the Ribera Balko short plat) and the proposed development prior to construction permit approval. The applicant should take note that the geotechnical report (Exhibit 7) mentions that much of the site is underlain by fill material not suitable for infiltration_ It is also anticipated that perched ground water could be encountered in excavations during construction. The contractor would be required to be prepared to intercept any ground water seepage entering the excavation and route to suitable discharge location. D_ Parks/Open Space. The project provides for adequate parks and open space. As required by City Code, the applicant will be required to pay an appropriate Parks Impact Fee. The fee would be used to mitigate the proposal's potential impact to City's Park and Recreation system and is payable to the City as specified by the Renton Municipal Code. Multiple open spaces throughout the site are well designed and provide a variety of recreational opportunities both passive and active. The applicant has provided approximately 20,000 square feet of common open space in the form of seven separate open space lawn/plaza areas, which exceeds minimum code requirements by 18,000 square feet. However, the proposal does not meet minimum private open space requirements and the conditions of approval require this deficiency to be remedied. E. Pedestrian Circulation. The proposed preliminary plat provides for an appropriate pedestrian circulation system. The applicant is proposing to provide street improvements which would include the extension of public sidewalks and landscape planters along Whitman Ct NE. Internal to the site pedestrian sidewalks continue throughout the development along the internal street system and through the open space areas. Pedestrian connections are provided PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 throughout the development including cross walks and connections to parking areas and site amenities. If all conditions of approval are complied with, the pedestrian circulation system throughout the development would be well designed and would encourage walkability throughout the neighborhood, potentially reducing the vehicular traffic and impacts on the neighboring community. F. Interior Vehicle Circulation. In addition to sidewalks and the proposed pedestrian path, the proposed preliminary plat also provides for appropriate vehicle circulation system. The public works department has reviewed and recommended approval of the proposed street improvements, including street alignment, and recommended approval as conditioned by this decision_ The proposal includes a looped street system to provide access to the site resulting in a superior circulation pattern to that of a cul-de-sac. The project would provide sufficient vehicle access for the proposed development and the proposed public and private streets could accommodate emergency vehicles and the traffic demand created by the development if all conditions of approval are complied with. The applicant is proposing to provide access to 16 of the 40 residential units from alley access ways (Proposed Lots 1-10 and Lots 15-20). G. Off -Site Traffic Improvements. The proposal fully mitigates all off-site traffic impacts. The applicant submitted a Traffic Impact Analysis prepared by TraffEx, dated November 25, 2013 (Exhibit 9). The report states that the proposed development would generate 504 trips average weekday vehicle trips (including 131 passerby trips); 45 weekday peak hour AM trips (including 9 passerby trips); and 85 weekday peak hour PM trips (including 26 passerby trips). The report also analyzed the level of service at the following intersections: NE 4th St/Bank driveway, NE 4th St/Whitman Ct NE, & Whitman Ct NEI Bank driveway/Post office driveway. The traffic study states that these intersections will continue to operate at an acceptable level of service. Increased traffic created by the development would be mitigated by payment of transportation impact fees as required by City Code. H. Walking Conditions to/from School. Children will be bussed to all schools that serve the project site, so walking conditions is not an issue. See Ex. 20, att. . 5. Adverse Impacts. Since the project provides for adequate infrastructure and public services, the only remaining impacts to be considered are to critical areas. As previously noted, wetlands and a creek are located at the project site. The applicant submitted a Wetland Delineation (Exhibit 5), prepared by Shannon Wilson, Inc. (dated September 7, 2006). The report identified two wetlands on site (Wetlands A and B) and stream (Maplewood Creek). Wetland A (30,612 square feet) is a Category 3 wetland located along the western property boundary and is associated with Maplewood Creek. Wetland B (1,738 square feet) is also classified as a Category 3 wetland, however due to its small size considered exempt. Maplewood Creek was also delineated on the site and it flows in a southerly direction through the west side of the property and is classified as a Class 4 stream. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 9 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 According to the Wetland Delineation Report, Wetland A was primarily vegetated with a variety of shrubs and trees, including. reed canary grass, bent grass, hard hack, red osier, dogwood, willow, ninebark, and red alder. Wetland B was vegetated with willow, snowberry, and Himalaya blackberry. The Ribera Balko short plat (LUA02-129) established Tract A which included all of the critical areas on site (Exhibit 16). The constructed Ribera Balko Short Plat included approximately 5,912 square feet of unavoidable impacts to the wetland/stream buffer in order to construct the existing stormwater pond. Additionally, the roadside ditch along NE 4th St was enclosed in a conveyance. The applicant submitted a copy of the approved Wetland and Stream Buffer Mitigation Plan, dated March 27, 2007, for the Ribera Balko Short Plat impacts (Exhibit 6). The plan mitigated buffer impacts caused by the existing stormwater pond and mitigated tributary impacts caused by the enclosing of the NE 4th St ditch into a conveyance system. The planting plan was installed in September of 2008. However, since the time of installation the property and the mitigation project were abandoned. The City received monitoring reports quarterly for the first year and has not received a monitoring report since 2010. The City has been unable to determine the success of the installed mitigation project. While the applicant is not proposing any additional impacts they are proposing an enhancement pian (Exhibit 3) to increase the function and value of the critical area system and bring current the deferred maintenance. Approximately 18,047 square feet of enhancement is proposed in addition to approximately 7,250 square feet of existing buffer that was formerly enhanced would be maintained and monitored in coordination with the enhancement plan for the proposed PUD. As part of the proposal there would be a significant enhancement and replacing in the wetland buffer as well as the removal of invasive species. There is also a soft. 4 -foot wide trail being proposed in the outer buffer allowed per RMC 4-3-050. The proposed mitigation beyond what code requires is being offered because of the modifications requested in Table A above. A comment letter was received by Muckleshoot Indian Tribe Fisheries Division (Exhibit 10) with comments related to the relationship between the existing Ribera Balko Short Plat mitigation plan (Exhibit 6) and the proposed enhancement plan (Exhibit 3). In order to address the issues raised by the Muckleshoot letter, a condition of approval, a final wetland mitigation plan including baseline information for the Ribera Balko Wetland and Stream Buffer Mitigation Plan be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Finally, the applicant would be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first. There are a total of 16 trees located on site of which no trees are proposed to be retained outside of the critical area and its buffer (Exhibit 3). The applicant is required to retain 5 percent of the trees located on site that are not located within critical areas, proposed rights-of-way and access easements. Of the 16 trees located on site none of the trees would be excluded from the tree retention requirements. Therefore, the applicant would be required to retain at least I tree on site. When the required number of protected trees cannot be retained, new trees, with a two-inch caliper or greater, shall be planted. The replacement rate shall be 12 -caliper inches of new trees to replace each protected tree removed. Therefore a total of PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 12 -caliper inches would be required to be replaced on site. The applicant is proposing a more than 50, 2 caliper inch replacement trees, for a total of 100 -caliper inches, in order to meet the tree retention/replacement requirement. 6. Superiority in Design. The development of this site as a PUD results in a superior design than what would result by the strict application of the Development Standards for the following reasons: protection of critical areas, provision of public facilities, and overall design. In order to make the site viable for commercial development, the commercial use was sited along the NE 4`h St frontage while the remainder of the residential units were separated and placed in the rear of the development. Second, the proposed design provides for a significant amount of landscaping and re -vegetation of the protected critical areas for which mitigation had been abandoned by a previous owner. Since the current proposal will not adversely affect the wetlands, the enhancement and mitigation incorporated into the proposal all exceeds what could be required of the applicant in a subdivision application. Third, the plan provides for both active and passive recreation significantly beyond the standard code requirements. As noted in the staff report, the applicant proposes 20,000 square feet of open space and only 2,000 square feet could be required for a subdivision application. The provided recreation areas would extend benefits beyond the proposed development to the public_ This proposed design can provide for the aforementioned amenities because of the modifications requested in Table A of the staff report: Requested Modifications from RMC above. 7. Public Benefit. The proposal provides several public benefits as detailed in pages 10-14 of the Staff Report, adopted and incorporated by this reference as if set forth in full. CONCLUSIONS OF LAW Procedural: i. Authori _ RMC 4-7-020(C) and 4-7-050(D)(5) provide that the hearing examiner shall hold a hearing and issue a final decision on preliminary plat applications. RMC 4-9-150(F)(8) authorizes the hearing examiner to conduct hearings and make final decisions on planned urban development applications. Substantive: 2. Zonina/Comprehensive Plan Designations. The project is zoned Commercial Arterial (CA). The comprehensive plan map land use designation for the project site is Commercial Corridor (CC). 3. Review Criteria. The Renton Municipal Code does not clearly identify the criteria the Examiner must apply in assessing a subdivision or a PUD. Chapter 4-7 RMC governs the criteria for subdivision review and RMC 4-9-150 governs PUD criteria. Without any more specific code guidance, the Examiner concludes that he must find that all applicable criteria in Chapter 4-7 and RMC 4-9-150 must be satisfied for preliminary plat and PUD approval. Applicable standards are quoted below in italics and applied through corresponding conclusions of law. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2, Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics_ A proposed plat may be denied because of flood, inundation, or wetland Conditions. Construction of protective improvements may be required as a Condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. 4. As modified by the PUD regulations, the lots will comply with all requirements of the Zoning Code as outlined in Finding 28, Table D of the staff report, with the modification that the applicant has dropped its request for flexibility in lot coverage (all lots will comply with applicable lot coverage standards). As depicted in Ex. 2, all lots have access to a public street, NE 4'h St, although many of the internal roads ultimately connecting to NE 4th St will be private as required by the conditions of approval. The project is not located within a floodplain and there are no wetlands or streams impacted. As determined in Finding of Fact No. 4, the project makes adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. RMC 4-7-080(1)(1): ...7he Hearing Examiner shall assure conformance with the general purposes of the Comprehensive Plan and adopted standards... 5. The proposed preliminary plat is consistent with the Renton Comprehensive Plan as outlined at pages 9-10 of the Staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway. 6. The internal circulation system of the subdivision connects to NE 4th St., an existing public street. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 7. The Staff report and administrative record do not identify any applicable street plan that would compel the connection of the interior streets to any other roads beyond NE 4th Street. Wetlands and existing development prevent the extension of Whitman Ct NE to the southern edge of the property_ RMC 4-7-120(C): Ifa subdivision is located in the area of an oycially designed trail, provisions shall be made for reservation of the right-qf=way orfor easements to the City for trail purposes. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 12 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8. The Staff report and administrative record do not identify any officially designated trail in the vicinity. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the,fsture residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse Conditions. a. Floodingllnundation: If any portion of the land within the boundary of a preliminary plat is subject to_flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result inthe creation of a lot or lots that primarily have slopes_ forty percent (40%) or greater as measured per RMC 4-3- 050J1 a, without adequate area at lesser slopes upon which development may occur, shall not he approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 9. The project site is not in a flood plain and does not contain any geologically hazardous areas. RMC 44-130(H)(1)(c) requires 5% tree retention in the CA zone and RMC 4-4- 130(H)(1)(e) allows the replacement of trees that cannot be retained at the rate of 12 caliper inches for each protected (more than 2 caliper inches) removed. As determined in Finding of Fact No. 5, there are 16 trees outside of critical areas that wilt be removed by the applicant. The 5% retention rate requires the retention of one tree or its replacement with 12 caliper inches of trees. The applicant is proposed 100 caliper inch replacement, which significant exceeds requirements. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures far this mitigation shall be per the City of Renton Parks Mitigation Resolution. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10_ The criterion is inapplicable. The proposal is not located in a single family residential or multifamily residential zone. RMC 4-7-150(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Oficial shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. IL Public works has reviewed the proposed vehicular circulation system and has recommended approval despite the lack of connection to Whitman Court to the south. The recommendation for approval is construed as approval of this lack of connectivity. Presumably the connection is not possible due to the wetlands located on the south of the project site. RMC 4-7-150(B): All proposed street names shall be approved by the City. 12. As conditioned. RMC 4-7-150(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 13. The project is limited to two connections to NE 4'h St— one from Whitman Court and one from the proposed commercial lot. RMC 4-7-150(D): The alignment gf'all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty five feet (125) are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 14. The Public Works Department has reviewed and recommended approval of the street alignment as noted in Finding of Fact No. 4(F). RMC 4-7-150(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any suhdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T -A and Policies T-9 through T-16 and Community Design Element, Objective CD -Mand Policies CD -50 and CD -60. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 14 2 II 3. Exceptions: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a. The grid pattern may be adjusted to a `flexible grid" by reducing the number of linkages or the alignment between roads, where the following factors are present on site: i, Infeasible due to topographical/environmental constraints. and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allowfuture connectivity. S_ Alley Access: Alley access is the preferred street pattern except far properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R -I, and R-4 zones. Prior to approval of'a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use ofalley(s) is notfeasible... 6. Alternative Configurations: Offset or loop roads are the prgferred alternative configurations. 7. Cul -de -Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints no,f sture connection to a larger street pattern is physically possible. 15. As noted previously, extension of Whitman Court to the south is not possible due to the presence of wetlands and existing single-family development. Consequently, the absence of full grid system connection is authorized by the criterion above. The proposal includes alley access to 16 of the 40 town units as required by the criterion above. The proposal includes a looped road system as encouraged by the criterion above. RMC 4-7-150(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, inch ding streets, roads, and alleys, shall be graded to their fill width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Yorks Administrator or his/her designee. 16. As conditioned. RMC 4-7-150(G): Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line_ Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication qf'a full -width boundary street shall be required in certain instances to facilitate future development_ PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 15 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 17_ As previously determined, there are no feasible street connections to the project other than to NE 4th St as proposed. 4-7-160(A): Blocks shall be deep enough to allow two (2) tiers of lots, except where.- I- here:I_ Abutting principal arterials defined in the Transportation Element of the Comprehensive Plan. 2. The location and extent of environmental constraints prevent a standard plat land configuration, including size and shape of the parcel. 3. Prior to approval ofsingle-tier lot configuration based on exceptions 1 and 2, the proponent must demonstrate that a different layout or provisions of an alley system is not feasible. 18. The staff report concludes that the standard above is inapplicable, but there is no evident reason why this would be the case_ Townhomes can be arranged in blocks just as easily as single-family homes and there is nothing in the code definition of "block" that would limit the concept to single-family development_ However, the site constraints of the project parcel, in conjunction with its elongated shape, critical areas and preferred looped road design, preclude the use of a two-tiered block system as authorized by RCW 4-7-160(A)(2). 4-7-160(B): Where circumstances warrant, the Reviewing OJ)'icial may require one or more public crosswalks or walkways of not less than six feet (0 in width dedicated to the City to extend entirely across the width of the block at locations deemed necessary. Such crosswalks, or walkways shall be paved for their entire width and length with a permanent surface and shall be adequately lighted at the developer's cost. 19. There is no information in the record on the issue of crosswalks. Since the intersection of NE 4th St. and Whitman Court is signalized, it would appear that at the least a crosswalk should be placed at this location, but it is unclear from the record whether that is the case. The conditions of approval will require staff to consider the need for crosswalks. RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 20. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 21. Each lot has access to a public or private road and staff has determined that all private roads meet City street standards as modified by this PUD approval. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-7-170(C): The size, .shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type ref development and use contemplated. Further subdivision of lots within a plat approved through the provisions of ' this Chapter must be consistent with the then -current applicable maximum density requirement as measured within the plat as a whole. 22. The lots of the proposal do not meet minimum area standards (5,000 square feet in the CA zone). However, smaller lots are authorized through the PUD modification provisions as addressed in other portions of this decision. There is no minimum lot width required for lots in the CA zone. See RMC 4-2-120A. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the .street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (I) pipestem lots, which shall have a minimum width of twenty feet (20) and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty f ve feet (35). 23. There is no minimum lot width required for lots in the CA zone. See RMC 4-2-120A. RMC 4-7-170(E): All lot corners at intersections of'dedicated public rights -(?f -way, except alleys, shall have minimum radius off fteen feet (15). 24. As conditioned. RMC 4-7-190(A): Easements may be required for the maintenance and operation of utilities as .specified by the Department. 25. Utility easements have not been addressed at this level of preview. Presumably any needed easements will be required during final plat engineering review. RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 26. Maplewood Creek and the wetlands of the property, as well as their buffers, are all set aside in critical area tracts. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eightfeet (8) into each lot iif sanitary sewer mains are available, or provided with the subdivision development. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 17 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27. As conditioned. RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full -width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots_ Water quality features shall also be designed to provide capacity for the new street paving for the plat_ 28. A technical information report has been provided establishing conceptual compliance with the standard above and full compliance will be assured during final engineering review. RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 29. Compliance will be assured through final engineer review. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 30. As conditioned. RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for- service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider - shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 31. As Conditioned. RMC 4-7-210: PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A_ MONUMENTS. Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY - All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS The subdivider shall install all street name signs necessary in the subdivision. 32. As Conditioned. RMC 4-9-150(B)(2): Code Provisions That May Be Modified.- a- odified: a_ In approving a planned urban development, the City may modify any of the standards of chapter 4-2 RMC chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development... 33. As shown in Finding of Fact No. 3, the requested revisions are limited to the regulations identified in the criterion quoted above with one exception. The one exception is the requested modification to the RMC 4-3-100 requirements. An administrative interpretation, Ex. 15, amends the provision above to include RMC 4-3-100. Since the interpretation has not been appealed, the examiner I is bound to follow it. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 1. Demonstration Qf Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior- to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 34. The purposes of the PUD regulations, as outlined in RMC 4-9-150, are to preserve and protect the natural features of the land and to encourage innovation and creativity in development of residential uses. As outlined in Finding of Fact No. 4 and No. 5, the natural features of the site are protected by open space, buffers and mitigation that significantly exceed code standards. The proposal involves PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 19 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 innovation and creativity via the extensive use of looped road systems and alley access in conjunction with a fully integrated system of sidewalks and pedestrian trails; the integration of the pedestrian network into a trail extending through the wetlands of the site; and the integration of a landscape feature that ties the proposed commercial development into adjoining residential development. The project is consistent with the comprehensive plan as determined in Conclusion of Law No. 5, the project is consistent with the Renton Comprehensive Plan. As determined in Finding of Fact No. 6, the proposal is superior in design to what which would occur without a PUD. As determined in Finding of Fact No. 4 and 5 the project will not create any significant adverse impacts and so would not be unduly detrimental to surrounding properties. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 2. Public Benefit Required: In addition, Applicantss shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: a. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development, or h_ Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations,- or... e. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following:... 35. The proposal provides for public benefit by providing amenities related to critical areas, open space, landscaping and overall design that significantly exceed code standards as determined in Finding of Fact No. 7. These benefits clearly outweigh any adverse impacts since there are no significant adverse impacts associated with the proposal as determined in Finding of Fact No. 4 and 5. RMC 4-9-150(D): The City may approve a planned urban development only if itfnds that the requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 20 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. 36. The proposal provides for suitable transition as outlined at page 14-15 of the staff report, incorporated by this reference as if set forth in full. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the,following criteria: a. Building and Site Design: ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roofstyles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, townhouses, flats, etc. 37. The proposal provides for coordinated site and building design as outlined at page 15 of the staff report, incorporated by this reference as if set forth in full. �RMC4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed.for consistency with all of the following criteria b. Circulation.- i, irculation: i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets .shall accommodate emergency vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City, Vehicle access shall not be unduly detrimental to adjacent areas. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 38. The proposal provides for sufficient streets and pedestrian facilities as outlined at pages 15-18 of the staff report, incorporated by this reference as if set forth in full. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the_following criteria b. Circulation.- ii, irculation: li. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. 39. The circulation system is adequately safe, as outlined at pages 15-18 of the staff report, incorporated by this reference as if set forth in full. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria b. Circulation.- iii. irculation. iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. 40. The pedestrian circulation system provides for sufficient connectivity, as outlined at pages 15-18 of the staff report, incorporated by this reference as if set forth in full. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met, PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria b_ Circulation: iv_ Provides safe, efficient access for emergency vehicles. 41- The proposed circulation system adequately accommodate emergency access, as outlined at pages 15-18 of the staff report, incorporated by this reference as if set forth in full_ RMC 4-9-I50(D): The City may approve a planned urban development only if it finds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of'the following criteria c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. 42_ As determined in Finding of Fact No. 4, the proposal is served by sufficient public infrastructure and services to serve the development. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met_ 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. 43. As determined in Finding of Fact No. 4, the proposal significantly exceeds open space requirements. The multiple open spaces throughout the site are well designed and provide a variety of PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 23 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 recreational opportunities both passive and active. The overall project has less impervious surface than otherwise would be expected. Based on the provided TIR the site would contain approximately 45% impervious surfaces for the overall site. This would include building areas, associated walkways, driveways, parking and drive aisles and would total approximately 100,000 square feet of area. The remainder of the site would consist of critical areas, landscaping and other pervious surfaces. RMC 4-9-150(D): The City may approve a planned urban development only if itfinds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria e_ Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening gf'storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. 44. The on-site transition between the commercial and residential components of the project would be supported by landscape buffers, separate entry signage as well as building orientations. The proposed development would be designed to building code standards for multi -family and commercial construction. Each residential unit would have a separate exterior entrance with insulated walls separating the units. All residential units and the commercial structure would have access to light and air, as each structure contains windows and some residential units contain Juliet balconies. Proposed Lots 10-20 and (commercial) Lot 41 would also have direct views of the protected critical area while the remainder of the units would have views of the common open space areas and individual private yards. The applicant has indicated the placement of the buildings, oriented to open space, provides separation and privacy for the residents while maintaining a communal atmosphere. As mentioned above the proposed enhancement of the critical area buffer on the west side of the development would provide screening for the proposed residential portion of the development from the existing commercial property to the west. Additionally, the applicant is proposing a 5 -foot planter along the east side of the extended portion of Whitman Court NE to buffer the development for the existing post office. Finally, a single-family development to the south of the site would be buffered by a 5 -foot visual barrier along the eastern portion of the southern property line if all conditions of approval are met. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 24 21 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The applicant did not provide details of roof mounted equipment and/or screening identified for such equipment for the commercial bank. As such, a condition of approval requires that the applicant provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval for the bank. Screening landscaping and enclosure is required around refuse and recycling facilities. See staff report supplemental discussion in Table E: Design District "D' Standards. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria f, Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. 45. The subject site is relatively flat and does not have a view corridor to Mt. Rainer and/or over a valley etc. Proposed Lots 10-20 and (commercial) Lot 41 would have views of the protected critical area and the remainder of the lots would have views of common open space areas as wells as private yards. The overall orientation of the project enhances local views by taking advantage of the site's natural features. RMC 4-9-150(D): The City may approve a planned urban development only if it_/finds that the lowing requirements are met. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria g. Parking Area Design: Provides parking areas that are Complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served_ The design provides for efficient use of parking, and shared parking facilities where appropriate_ 46. The proposal meets the criterion above as conditioned as outlined at p. 21-22 of the staff report, incorporated by this reference as if set forth in full. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-150(D)(4): Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested Pursuant to subsection B2 of this Section. 47. As discussed below, the proposal complies with all development standards imposed by RMC 4-9- 150(E). As outlined in the staff report, Finding of Fact No. 28, Table D, incorporated and adopted by this reference as if set forth in full, the proposal complies with the underlying zoning except for the PUD modifications approved by this decision. The proposal also complies with NE 4"` Business District design standards, as outlined in staff report Finding No. 29, Table E, incorporated by this reference as if set forth in full. RMC 4-9-150(E)(1)(b)(i): Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Hearing Examiner. The required common open space shall be satisfied with one or more of the elements listed below. The Hearing Examiner may require more than one of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose open spaces; (b) Upper level common decks, patios, terraces, or roofgardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development,- (c) evelopment;(c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) .Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similarfacilities; or (e) Children's play spaces. ii. Required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas. iii, Required yard setback areas shall not count toward outdoor recreation and common .space unless such areas are developed as private or semi -private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a ftdly usable area accessible to all residents of the development. iv. Private decks, balconies, and private ground floor open space shall not count toward the common .space recreation area requirement. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 26 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 48. As determined in Finding of Fact No. 4, the proposed development would contain 40 units, which would result in a minimum requirement of 2,000 square feet (40 units x 50 SF = 2,000 SF) of common open space. The applicant has provided approximately 20,000 square feet of common open space in the form of seven separate open space lawn/plaza areas. This exceeds the minimum requirement by 15,000 square feet. RMC 4-9-150(E)(2): Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or - detached, shall have private open space which is contiguous to the un it. The private open space shall be well demarcated and at least fifteen feet (15) in every dimension (decks on upper floors can substitute for the required private open space). For dwelling units which are exclusively zipper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5). 49. Each residential unit appears to have private open space. However, the private open space does not appear to meet the minimum requirement of 15 -feet in every dimension. As such, a condition of approval requires that the applicant provide revised site plan demonstrating compliance with the private open space standard of at least 15 -feet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. If this condition of approval is met the proposal would satisfy this standard. The applicants have requested a modification to the private open space requirement through the PUD modification process. See Ex. 20, att. 5. The request is denied. RMC 4-9-150(B)(3)(c) expressly prohibits the modification of PUD regulations through the PUD waiver process. The applicant asserts that this provision conflicts with RMC 4-9-150(D)(4), which requires that a PUD comply with applicable PUD regulations, "...the underlying zone, and any overlay districts, and any overlay districts; unless a modification fbr a specific development standard has been requested pursuant to subsection B2 of this Section." The applicant then suggests that the only way to harmonize these conflicting provisions is to completely ignore the RMC 4-9-150(B)(3)(c) prohibition on modifications to PUD regulations. It is not necessary to render RMC 4-9-150(B)(3)(c) entirely meaningless as suggested by the applicant and it certainly is not within the intent of the PUD provisions. The qualification to RMC 4-9-150(D)(4)(" ... unless a modification for a specific development standards has been requested...") clearly only applies to the requirement that the FUD comply with the underlying zone and any overlay districts. PUD regulations expressly authorize modifications to underlying zoning and overlay district requirements. Obviously, if any such modification is authorized, the PUD should not have to comply with the zoning requirement in its unmodified form. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 27 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-150(E)(3): Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the Applicants and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a .security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained.for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy ofsuch contract shall be kept on file with the Development Services Division. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070. 50. As Conditioned. RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities: a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9-060... 51. All common facilities must already be completed or bonded prior to final plat approval as required by state and local subdivision regulations. RMC 4-9-150(E)(4): Installation and Maintenance of Common Facilities: b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the properly owners' association, or the agents) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners' association accordingly. Such bill, if unpaid, shall become a lien against each individual property. 52. As a condition of approval, the Applicants are required to establish a home owners' association for the development, which would be responsible for any common improvements. All common facilities, PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 28 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 not dedicated to the City, shall be permanently maintained by the PUD home owners" association. The CC&Rs shall provide that if the homeowner's association fails to properly maintain the common facilities the city may do so at the expense of the association. The CC&Rs shall also provide that the provisions pertaining to the obligation to maintain common areas shall not be amended without approval of the City of Renton. Security for landscaping maintenance shall also be provided as outlined at page 41 of the staff report. RMC 4-9-150(B)(3)(d): The City may not modify any of the procedural provisions of RMC Title 4, including, but not limited to, fees, submittal requirements, and other similar provisions found in chapters 4-1, 4-7, 4-8 and 4-9 RMC. 54. No procedural revisions are requested. DECISION The proposed preliminary plat and preliminary PUD, including all development standard modifications identified in Finding of Fact No. 3, are APPROVED. The proposal is subject to the following Conditions of Approval: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated April 21, 2014. 2. A final wetland mitigation plan which integrates the Ribero Balko Wetland and Stream Buffer Mitigation Plan with the Altmann -Oliver Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Finally, the applicant would be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first. 3. The applicant shall submit a screening/fencing detail plan. The screening/fencing detail plan shall be submitted to and approved by the Current Planning Project Manager prior to PUD/Final Plat approval whichever comes first. 4_ The applicant shall provide interpretative signage/information at the trail entrance along NE 4'h St and at the northern most lookout along the trail. The site plan depicting the signage shall be submitted to, and approved by, the Current Planning Project Manager prior to building permitiFinal Plat approval whichever comes first. 5. An easement shall be recorded memorializing the public access to the wetland trail prior to Final PUD/Final Plat Recording whichever comes first. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 29 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. The applicant shall provide a final detailed landscape plan for review and approval by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. 7. The applicant shall amend the landscape plan to reflect plants with a maturity height of 6 - feet and 100% obscurity for the entire length of the modified 5 -foot wide visual barrier along the eastern portion of the southern property line. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 8. The applicant shall revise the elevation so that garage doors provide additional details and all sides of the building facing the public street and/or internal "street" provide a front door or front porch presence, if this is not achievable an approved landscape screen would be required between the sidewalk and the building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. 9. The applicant shall be required to dedicate I -foot behind the sidewalk for maintenance in addition to right-of-way dedication for existing luminaire foundations along NE 4th St. The revised site plan shall be submitted to, and approved by the Current Planning Project Manager, prior to construction permit/Final PUD approval whichever comes first. 10. A revised site plan' shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first, depicting the following: North of Road `A', the required planter strip adjacent to the bank site would be 8 -feet, the sidewalk would be 5 feet, the existing 32 -foot paved public road portion would remain to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required; South of Road `A', would be required to remain a private road. The private road would have minimum 26 -feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5 -feet and a 5 - foot sidewalk. The paved width of this portion of the road would be finalized after a turning movement diagram to allow the turning of large trucks serving the post office is provided by the applicant; Signage must be provided by the developer at the transition from the public to the private road. 11. The centerline of Road `A' shall align with the centerline of the main post office driveway across Whitman Court NE. A revised site plan depicting the alignment shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 12. The applicant shall be required to redesign the roads in order to provide a minimum of 20 - foot wide paved drive lane, separate from any required sidewalks. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. ' The applicant submitted a revised site plan in response to Conditions 10-12 at the public hearing_ See Ex. 20. This revised site plan may meet the conditions, as detemvned by the Current Planning Manager. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 30 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 13. The applicant shall equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. 14. A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 15. The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. A copy of the bylaws shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 16. The applicant shall provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval for the bank. 17. A revised site/landscape plan shall be submitted depicting intervening landscaping at no more than 7 stall intervals in order to reduce the visual impact of surface parking throughout the development. The revised site/landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 18. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC44-080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final FUD approval whichever comes first_ 19. The applicant shall be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager prior to Final FUD approval. 20. The applicant shall be required to revise the landscaping plan to enhance the landscaping/screening along NE 4`h St, primarily directly in front of the drive-thru bays. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. Staff shall apply this condition in a flexible manner in order to ensure that the security interests of the bank are not compromised. This condition may be revised as necessary by staff to accommodate any administrative waiver to landscaping requirements authorized by City code. 21. The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 22. The refuse and recycling facilities shall be screened with landscaping on a minimum of three sides. The revised landscape plan shall be submitted to and approved by the Current PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 23. The applicant shall be required to reduce the number of residential curb cuts along the internal road system to the satisfaction of the Current Planning Division. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction. permit/Final PUD approval whichever comes first. 24. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas andlor drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 25. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of all residential units and the northern and western facades of the commercial building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD or building permit approval whichever comes first. 26. The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and color for the residential structures. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the residential buildings for a height appropriate to the scale of the structure. 27. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, prc-finished metal, stone, steel, glass, cast -in-place concrete, or other high quality material. 28. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On -Site. 29. The applicant shall be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 30. The applicant shall provide revised site plan demonstrating compliance with the private open space standard of at least 15 -feet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. This condition may be modified as necessary by staff to conform to any administrative waiver to the 15 foot standard granted pursuant to City code. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 32 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 31. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning Division, 32. The applicant shall create a homeowner's association to ensure that the private roads and other common facilities are adequately maintained. The CC&Rs shall require the lot owners to maintain the common facilities and shall provide that the City may maintain the facilities at the expense of the lot owners if the lot owners fail to do so after receiving notice from the City. The CC&Rs shall be completed and approved by the City prior to final plat approval. 33. All proposed street names shall be approved by the City. 34. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. 35. If staff has not already done so, staff shall assess the need for crosswalks as required by RMC 4-7-160(B) and require crosswalks as circumstances warrant_ 36. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 37. Side sewer lines shall be installed eight feet (8) into each lot if sanitary sewer mains are available, or provided with the subdivision development. 38. All utilities designed to serve the subdivision shall be placed underground_ Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees_ Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department_ 39. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building_ The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 33 1 2 3 4 5 6 7 S 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 40. Monumenting and street signs shall be installed prior to final plat approval as required by RMC 4-7-210. DATED this 1 i th day of June, 2014. Phi ft, i)Ihrcct�ts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the Hearing Examiner's decision. A request for reconsideration to the hearing a examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-1 10(E)(8) and RMC 4-8-100(G)(4). Anew fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7'h floor, (425) 430- 6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT AND PLANNED URBAN DEVELOPMENT - 34 May 30, 2014 Ms. Rocale Timmons City of Renton - Current Planning Senior Planner 1055 South Grady Way Renton, WA 98057 RE: Whitman Court PPUD LUA14-000295 Administrative Modification Request Dear Rocale: M Job No. 1799-001-014 City of Renton Planning Division JUN 12, 1014 CCt1 LED The purpose of this letter is to request a modification to RMC 4-9-150E.2, This code section reads: 2. Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit The private open space shall be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5). (Ord. 5571, 11- 15-2010) The reason for this request is to obtain flexibility in the requirement for private open space that is 15' in every dimension for each unit. This issue never came up in the many discussions and negotiations about site plans and design for this project with staff prior to the hearing. Specifically, the Staff Report, proposed condition 32, would require the Applicant to submit a revised site plan demonstrating compliance that each unit includes private open space that is at least fifteen feet (15') in every dimension. As even a cursory review of the site plan for the project reveals, this condition is impossible to comply with. Almost all of the units have yards that are substantially smaller than this standard - for a good reason. ESM Federal Way ESM Everett ,, �.-,„ r c. e...;,• , arr. P rr r', 33400 8th Ave 5, Ste 205 1010 SE Everett Mall Way, Ste 210 Federal Way, WA 98003 Everett, WA 98208 253.838.6113tel 425.297.9900 tel bI -ic is •: rf; 800.345.5694 toll free 8o0.345.5694 tall free 253.838.7104 fax 425.297.9901 fax Ms. Rocale Timmons May 30, 2014 Page 2 For many months, the Applicant, with strong encouragement from the staff, worked cooperatively to develop a project that would provide community open spaces, greens and a neighborhood with strong pedestrian connectivity and public benefits. The project is required to provide 2,000 square feet of recreational space. However, the project is creating approximately 20,000 square feet of recreational space, plus another 4,800 square feet of passive recreational space, providing over twelve times the required common open space. And, as a further benefit to the community, the Applicant has agreed to allow the general public to use the wetland trail in the open space. The only way that the project can be redesigned to comply with the 15' by 15' private yard requirement is to drastically reduce the common open space, reduce the number of units and require redesign of both the site plan and the unit types. This would result in a significant and unfortunate reduction in the community benefit provided by the project However, the applicant understands the need for lot specific private open space and requests a modification to the PUD Standard that will still provide private open space while maintaining the public amenities of the plat In place of Condition 32 in the Staff Report the applicant requests the following condition be applied: The plat will provide a minimum of 75 square feet of private open_spgce for each lot with no less than 7.5 feet in any dimension. Decks and porches will be included in the overall calculation of the private open space minimum. In conclusion, the Applicant requests that the City approve the modification to RMC 4-9- 150E.2 as proposed. For this project to meet its design goals, it is our belief that this site design which produces a substantial amount of common open space, usable by the community, and which significantly exceeds the minimum open space requirements, is more preferable than any alternatives that could be achieved utilizing the existing code. Thank you for your consideration of this request Should you have any questions, or require additional information, please contact me directly at 253-838-6113 or by email at evan.mann@esmcivil.com. Sincerely, ESM CONSULTING ENGINEERS, LLC. EVAN NN Project lanner lIesm&engrlesm-jobsO7nOU1101 Tdocumentletter-004.docx RECEIPT EGO0024578 City of ,r Transaction Date_ June 12, 2014 BILLING CONTACT Paul Ebensteiner Lazier at Whitman Court LLC 1300 114TH AVE SE , 100 BELLEVUE, WA 98004 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA14-000295 PLAN - Modification I Fee Payment heck 434 $100.00 SUB TOTAL I $100.00 TOTAL $100.00 Printed On: W1212014 Prepared BV: Rocaie Timmons Page 1 of 1 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: May 21, 2014 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Project Name: Whitman Court PUD LUA (file) Number: LUA-14-000295 Cross -References: AKA's: Highland Townhomes, Whitman Court PUD Project Manager: Rocale Timmons Acceptance Date: March 20, 2014 Applicant: Paul Ebensteiner, Lozier at Whitman Court LLC Owner: SB 16 Ribera Balco LLC Contact: Eric LaBrie, ESM Consulting Engineers, LLC PID Number: 518210-0020,002110022 ERC Determination: DNS -M Date: April 23, 2014 Appeal Period Ends: May 9 2014 Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: May 27, 2014 Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Location: 4425 NE 4th St and 351 Whitman Court NE Comments: .ERC Determination T e : DNS - Determination or Non-5ignmcance; ump-m -- Uumvinlileuu+: ui Non -Significance -Mitigated; DS - Determination of Significance. Della oaw City of My , Community & Economic Development Department C.E."Chip"Vincent, Administrator May 21, 2014 Paul Ebensteiner Lozier at Whitman Court, LLC 1300 114th Ave SE, Ste 100 Bellevue, WA 98004 SUBJECT: Whitman Court PUD LUA14-000295 Dear Mr. Ebensteiner: This letter is to inform you that the appeal period ended May 9, 2014 for the Environmental Review Committee's (ERC) Determination. of Non -Significance - Mitigated for the above -referenced project. No appeals were filed on the ERC .determination therefore, this decision is final. The applicant must comply with all ERC Mitigation Measures outlined in the Report and Decision dated April 24, 2014. Also, a Hearing Examiner Public. Hearing has been scheduled for May 27, 2014, where Site Pian Conditions may be issued. The applicant or representative(s) of the applicant are required to be present. Enclosed is a copy of the Preliminary Report to the Hearing Examiner for your review. If"you have any questions, please feel free to contact me at (425) 430-7219. For the Environmental Review Committee, Rocale Timmons Planner Senior Planner Enclosure Renton City Hall • 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov pao:)aa }a (sa!)/4-)ed / uoswogl Aajj4ar'ua2uije;3ms Ouan jue3i!ddy / jauiajsuag3 !ned (s)jau,vmp / 031eq eaaq!y 91 8S bTOZ `TZ AeVq Z }o z aged ti0O86 VM `annalla8 OOT alS `35 and ylbTT OOET 011 `jLjnoD uewl!gM le jaizol JaUIajSUaq Ened (Signature of Sender): ti Pp STATE OF WASHINGTON SS c, *P COUNTY OF KING r ' � • i ) I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and voluntary act for the {poses mentioned in the instrument. Dated: 1&&4o� a Notary (Print): My appointment expires: INFLU'Al4-000295 man Court PUD Public in and for the State of Washington A,- '-s#- 29 Eric LaBrie' Verity Swearingen Jeff rev Thomson ESM Consulting Engineers LLC 4312 NE 2nd Ct 272 Vashon PI NE 33400 8th Ave S Renton, WA 98059 Renton, WA 98059 Federal Way, WA 98003 SB 16 Ribera Balco LLC Paul Ebensteiner SB 16 Ribera Balco LLC Lozier at Whitman Court LLC 190 Queen Anne Ave N, 100 1300 114th Ave SE, 100 Seattle, WA 98109 Bellevue, WA 98004 DEPARTMENT OF COMMUNITY D cityof O O-I,'M-R AND ECONOMIC DEVELOPMENT c HEARING EXAMINER PUBLIC HEARING May 27, 2014 AGENDA COMMENCING AT 11:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Whitman Court PUD PROJECT NUMBER: LUA14-000295 PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vests the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. HEX Agenda 5-27-14 DEPARTMENT OF COMM _ . _ITY", HEARING DATE: City of Project Name: 3D AND ECONOMIC DEVELOPMENT SB 16 Ribera Balco LLC; 190 Queen Ave N, Suite 100; Seattle, WA 98109 ., Paul Ebensteiner; Lozier at Whitman Court LLE; 1300 114th Ave SE, Suite 100; Bellevue, REPORT TO THE HEARING EXAMINER A. SUMMARYAND PURPOSE OF REQUEST HEARING DATE: May 27, 2014 Project Name: Whitman Court PUD Owner: SB 16 Ribera Balco LLC; 190 Queen Ave N, Suite 100; Seattle, WA 98109 Applicant: Paul Ebensteiner; Lozier at Whitman Court LLE; 1300 114th Ave SE, Suite 100; Bellevue, WA 98004 Contact: Eric LaBrie; ESM Consulting Engineers, LLC; 33400 8th Ave S; Federal Way, WA 98003 File plumber: LUA14-000295 ECF, PP, PPUD Project Manager: Rocale Timmons; Senior Planner Project Summary: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant S.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. The development would be comprised of 10 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building_ The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from .NE 4th St and the remaining residential development would gain access from the existing portion and proposed extension of Whitman Ct NE. There is a Category 2 wetland and Maplewood Creek located on the western portion of the site. The PPUD would be used to vary lot, landscaping street, setback, parking, design, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. Project Location: 4425 NE 4th St and 351 Whitman Court NE Site Area: 5.12 acres Project Location Map HEX Report City of Renton Department of Co0nity & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 2 of 45 B. EXHIBITS: Exhibit 1: Hearing Examiner Recommendation Exhibit 2: Preliminary Plat/PUD Plan (dated March 7, 2014) Exhibit 3: Landscape Plan/Wetland Enhancement Plan Exhibit 4: Aerial Photo Exhibit 5: Wetland Delineation (dated September 7, 2006) Exhibit 6: Final Wetland and Stream Buffer Mitigation Plan (dated March 27, 2007) Exhibit 7: Geotechnical Report (dated December 16, 2013) Exhibit 8: Drainage Report (dated February 18, 2014) Exhibit 9: Traffic Impact Analysis (dated November 25, 2013) Exhibit 10: Public Comment Letter: Muckleshoot Indian Tribe Fisheries Division Exhibit 11: Elevations Exhibit 12: Determination of Non -Significance — Mitigated Exhibit 13: Proof of Notice of Application Mailing Exhibit 14: Revised Preliminary Plat/PUD Plan (dated Exhibit 15: Administrative Interpretation (CI -49 Modification of Urban Design Regulations through the Planned Urban Development Regulations ) Exhibit 16: Ribera Balko Short Plat (December 6, 2002) Exhibit 17: fransportkion Concurrence Memo Exhibit 18: Reserved Exhibit 19: School Map C. GENERAL INFORMATION: SB 16 Ribera Balco LLC 1. Owner(s) of Record: 190 Queen Ave N, Suite 100 Seattle, WA 98109 2. Zoning Classification: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Commercial Corridor (CC) 4. Existing Site Use: Vacant 5. Neighborhood Characteristics: a. North: Mixed Retail (CA zone) b. East: United State Postal Service Office (CA zone) c. South: Multi -Family Residential (R-10) d. West: Critical Areas and Mixed Retail (CA zone) 6. Site Area: 5.12 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date HEX Report City of Renton Department of Commur--- & Economic Development 'earing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ,ECF, PP Report of May 20, 2014 Page 3 of 45 Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 3946 03/13/1967 Bellamonte in the Highlands LUA07-080 N/A 07/26/2007 LLA Ribera Balko Short Plat LUA02-129 N/A 11/7/2002 HEX Variance/Environmental LUA01-117 N/A 8/27/2002 Review Lot Line Adjustment LUA99-075 N/A 06/25/1999 F. PUBLICSERVICES: 1. Existing Utilities a. Water: Water service will be provided by the City of Renton. There is an existing water main in NE 4th St and in Whitman Court NE. b. Sewer: Sewer service is provided by the City of Renton. Sewer service is provided by the City of Renton. There is existing sewer main in NE 4th St and on Whitman Ct NE. c. Surface/Storm Water: There are storm drainage improvements in NE 4th St and portions of Whitman Ct NE. 2. Streets: There are existing street improvements along NE 4th St and portions of Whitman Ct NE. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020. Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 3 Environmental Regulations a. Section 4-3-050: Critical Area Regulations b. Section 4-3-100: Urban Design Regulations 3. Chapter 4 Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 7 Subdivision Regulations 6. Chapter 9 Procedures and Review Criteria a. Section 4-9-150: Planned Urban Development Regulations 7. Chapter 11 Definitions HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 A Page 4 of 45 G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN. I. Land Use Element 2. Community Design Element H. FINDINGS OF FACT. 1. The applicant is requesting a Preliminary Planned Urban Development (PPUD) and a Preliminary Plat for the subdivision of a 5.12 acre site into 41 lots for the future construction of 40 zero -lot line townhomes and a commercial bank with two drive-thru lanes. 2. The proposal would have an approximate residential density of 11.4 du/ac. 3. The Planning Division of the City of Renton accepted the above master application for review on March 7, 2014 and determined complete on March 20, 2014. The project complies with the 120 -day review period. 4. The subject site forms an "L" shape and is bordered by NE 4th St to the north, and by residential and commercial uses to the east, west, and south. 5. The property is located within the Commercial Corridor (CC) Comprehensive Plan land use designation, the Commercial Arterial (CA) zoning classification, and Design District V. 6. The project site is comprised of three parcels created as part of the Ribera Balko Short Plat (LUA02-129) and is currently vacant. 7. The approved short plat vest the proposal to the drainage manual in place in 2002 as depicted on the recorded short -plat (Exhibit 16�. The remMder of the development would be subject-to=the cuterit development standards of the Renton Municipal Code. 8. Access would be provided via a series of private roads, alleys and driveways extended from Whitman Court NE. A limited right in/right out access entry along NE 4th St, in the western portion of the site, is also being proposed for the commercial bank site (Lot 41). 9. The residential units would be contained within 10 separate buildings (two duplexes, two triplexes, two four-plexes, two five-plexes, and two six-plexes). 10. Residential parking is provided both in private garages and surface parking along the internal circulation system. Garage parking would be provided for 80 vehicles for the 40 residential units. Commercial parking in the amount of 16 surface parking stalls would be provided in a surface parking area to the east and west of the bank structure. Auxiliary parking in the amount of six parking stalls would be provided along the internal road in a surface parking area. Total amount of stalls provided on site amounts to 102 parking spaces. 11. The residential lot sizes range from 814 square to 1,797 square feet. The commercial lot would have a square footage of 30,074 square feet. 12. The following table are proposed approximate lot sizes for Lots 1-41: Lot Lot Size SF Lot Lot Size SF Lot Lot Size SF Lot Lot Size SF Lot 1 947 Lot 11 1,497 Lot 2I 1,069 Lot 31 815 Lot 2 977 Lot 11 1,110 Lot 22 856 Lot 32 814 Lot 3 1,212 Lot 13 1,140 Lot 23 878 Lot 33 973 Lot 4 1,262 Lot 14 1,710 Lot 24 876 Lot 34 1,407 Lot 5 1,273 Lot 15 1,797 Lot 15 1,102 Lot 35 1,107 Lot 6 907 Lot 16 1,214 Lot 16 1,104 Lot 36 1,185 HEX Report City of Renton Department of Commu-''-- & Economic Development WHITMAN COURT PUD Report of May 20, 2014 "earing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 5 of 45 Lot 7 838 Lot 17 1,195 Lot 27 853 Lot 37 1,184 Lot 8 833 Lot 1S 1,203 Lot 28 1,123 Lot 38 1,050 Lot 9 827 Lot 19 1,150 Lot 29 1,004 Lot 39 1,085 Lot 10 1,062 Lot 20 1,373 Lot 30 834 Lot 40 1,347 the street. RMC 4-2-120A Development The minimum lots size for lots created Permit lots sizes ranging Lot 41 30,07f 13. The proposed residential units would have a height of approximately 35 feet from finished floor elevation, at the average height of the varied pitched roof elements (Exhibit 11). The proposed commercial structure would have a height of approximately 30 feet and four -inches from finished floor elevation, at the highest point of the of the tower element (Exhibit 11). 14. The applicant has proposed a variety of brick and metal materials for the commercial structure, and siding and stone materials for the residential portion of the development (Exhibit 11). 15. The applicant is proposing to construct the project in two phases_ Phase 1 would include the construction of proposed Lots 1-20 and Lot 41 (the commercial bank site). Phase 2 would include proposed Lots 21-40. 16. The applicant is proposing to begin construction in summer of 2014 and end in early 2016. 17. Maplewood Creek flows south along the western border of the site and exits through the middle of the southern border. Two wetlands have been identified on the site one of which straddles Maplewood Creek along the western portion of the property. A second, isolated, wetland was delineated along the southern portion of the property. 18. The subject site is located in Zone 2 of the Aquifer Protection Area and contains sensitive slopes. 19. The applicant is proposing excavation in the amount of approximately 1,800 cubic yards. . Approximately 8,500 cubic yards of fill is proposed to be brought onto the site. 20. The stormwater detention facility, constructed as part of the Ribera Balko Short Plat, exist on the south side of the site with a concrete retaining wall around the south and northeast sides of the pond. 21. When approving a PPUD, the City may modify standards (RMC 4-2, 4-4, 4-7, and RMC 4-6-060 Street Standards, except as listed in RMC 4-9-1506.3. All of the following modifications are required to be considered simultaneously as part of the planned urban development: Table A. Requested Modifications from RMC RMC Code Citation Required Standard Requested Modi icotion RMC 4-2-080 Conditions Residential uses are only permitted within Permit stand alone Associated With Zoning Use a structure containing commercial uses on residential with units Tables, Note 18. the ground floor. Commercial space must located on the ground floor. be reserved on the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Residential uses shall not be located on the ground floor, except for a residential entry feature linking the residential portion of the development to the street. RMC 4-2-120A Development The minimum lots size for lots created Permit lots sizes ranging Standards for Commercial after November 10, 2004 is 5,000 square from 814 to 1,497 square Zoning Designations- Lot Size feet. feet in size as shown in Finding of Fact 12 above. HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 6 of 45 RMC 4-2-120A Development The maximum lot coverage for buildings is Lot coverage on residential Standards for Commercial 65% of total lot area or 75% if parking is lots would range from 32% Zoning Designations- Lot provided within the building or within an to 71% however the Coverage on-site parking garage. applicant would like flexibility should the lot lines be revised in the future. RMC 4-2-120A Development Setback requirements in the CA zone are Proposed Lot 41 would have Standards for Commercial as follows: 10 feet minimum for the front front yard setback of 28.5 Zoning Designations- Setbacks yard but may be reduced to zero feet feet. Proposed Lot 34 would through the Site Plan Review process have a 10 -foot side yard provided blank walls are not located setback from the abutting within the reduced setback; a 15 foot residential zoned property maximum front yard setback; and no rear line. or side yard setbacks unless the property abuts a residential zoned property then the setback is 15 feet. RMC 4-4-090D Refuse and The refuse and recyclables deposit area The applicant is proposing Recyclables and collection points for multi -family individual curb -side pickup residences shall be apportioned, located for residential units. and designed as follows a total minimum area of eighty (80) square feet shall be provided for refuse and recyclables deposit areas. AMC 4-6-166 Street Various: See discussion in -fabPe C: PUD Various: See discussion in Standards Criteria - Circulation Table C: PUD Criteria - Circulation RMC 4-3-100 Urban Design Various: See discussion in Table E: Design Various: See discussion in Standards District 'D' Standards Table E: Design District 'D' Standards RMC 4-4-070F.4 Landscaping A fifteen -foot (15') wide partially sight- The eastern portion of the Standards obscuring landscaped visual barrier, or southern property line ten -foot (10') wide fully sight -obscuring would have a 5 -foot visual landscaped visual barrier, is required along barrier between the the common property line. proposed development and the abutting R-10 single family development to the south. RMC 4-4-080F, Parking, Bank uses are limited to a maximum The proposal exceeds the Loading, and Driveway number of parking stalls based on a ratio maximum parking stall Regulations of 5 parking stalls per 1,000 square feet of allowance (13 stalls) by net floor area. Residential uses are limited three stalls for the bank use to a maximum number of parking stalls and residential maximum based on a ratio of 1.75 parking stalls per parking stall allowance (70) residential unit. Additionally, 5 stacking by 16 parking stalls. The spaces per drive-thru window are required proposal would only provide unless otherwise determined by the stacking space sufficient for Planning Director. three cars in each lane. HEX Report City of Renton Department of Commu-`y & Economic Development "earing Examiner Recommendation _WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 7 of 45 22. Proposed on site amenities include outdoor recreation area with architectural feature, a central courtyard, a soft -surface trail through the wetland buffer, and enhancement to the critical area on site. 23. Staff received a comment letter from the Muckleshoot Indian Tribe Fisheries Division (Exhibits 10) with questions related to the relationship between the existing Ribera Balko Short Plat wetland mitigation plan (Exhibit 6) and the proposed enhancement plan (Exhibit 3). 24. No other public or agency comments were received. 25. 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 into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 26. Pursuant to RMC 4-9-15013, any applicant seeking to permit development which is not limited by the strict application of the City's zoning, parking, street, and subdivision regulations in a comprehensive manner shall be subject to applicability standards. The following table contains project elements intended to comply with applicability standards, as outlined in RMC 4-9-1508: Table B: PUD Applicability Standards In approving a planned urban development, the City may modify any of the standards of chapter 4-2 RMC, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC. All modifications shall be considered simultaneously as part of the planned urban development. Staff Comment: All standards requested to be modified are contained within the Chapters r listed .above with the exception of a request from modifications from the Urban Design Regulations now found in RMC 4-3-100. However, the City has recently issued an Administrative interpretation to ensure the consistent implementation of the Planned Urban Development Regulations with respect to design standard modifications and to afford applicants greater flexibility. Modifications to the Urban Design Regulations are now permitted through the PUD process (Exhibit 15). An applicant may request additional modifications from the requirements of the Renton Municipal Code. Approval for modifications other than those specifically described in Compliant if subsection RMC 4-9-150B.2.a shall be approved prior to submittal of a preliminary planned conditions urban development plan. of approval Staff Comment: All requested modifications are outlined above under Finding 21. Staff is in are met support of all requested modifications, with the exception of the lot coverage modification (see discussion in Table D: Underlying Zoning Standards), if all conditions of approval are complied with A planned urban development may not authorize uses that are inconsistent with those uses allowed by the underlying zone, or overlay district, or other location restriction in RMC Title 4, including, but not limited to: RMC 4-2-010 to 4-2-080, 4-3-010 to 4-3-040, 4-3-090, 4-3- 095, and 4-4-010. Staff Comment: The applicant is proposing a Banking use along with attached residential townhouses. Pursuant to RMC 4-2-070L banking uses are permitted outright in the Commercial Arterial zoning classification. Townhouses are permitted as a secondary use provided the proposal complies with the density requirements of the zone. ,i The number of dwelling units shall not exceed the density allowances of the applicable base or overlay zone or bonus criteria in chapter 4-2 or 4-9 RMC; however, averaging density HEX Report City of Renton Department of Com^iunity & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF,.Pp Report of May 20, 2014 Page 8 of 45 27. Pursuant to RMC 4-9-150D, each planned urban development shall demonstrate compliance with the Planned Urban Development decision criteria. The following table contains project elements intended to comply with the Planned Urban Development decision criteria, as outlined in RMC 4-9-15OD: Table C. PUD Decision Criteria Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. Staff Comment. if the conditions of approval are met, the applicant will have demonstrated compliance with the PUD regulations and the Comprehensive Plan. The applicant will have demonstrated that the development is superior to that which would result without a PUD and will not be detrimental to surrounding properties. The development of this site as a PUD results in a superior design than what would result by the strict application of the Development Standards for the following reasons: protection of critical areas, provision of public facilities, and overall design. In order to make the site viable for commercial development, the commercial use was sited along the NE 4t' St frontage while the remainder of the residential units were separated and placed in the rear of the development. Second, the proposed design provides for a significant amount of landscaping and re -vegetation of the protected critical areas for which mitigation had been abandoned by a previous owner. Third, the plan provides for both active and passive recreation significantly beyond the standard code requirements. The provided recreation areas would extend benefits beyond the proposed development to the public. This proposed design can provide for the HEX Report across a site with multiple zoning classifications may be allowed if approved by the Community and Economic Development Administrator. Staff Comment: After deducting 32,446 square feet for right-of-way dedications, 3,841 square feet for access easements, and 32,126 square feet for critical areas from the 223,073 gross square footage of the site, the net square footage would be 154,660 square feet (3.55 net acres). The 40 Unit proposal would arrive at a net residential density of 11.14 dwelling units per acre (40 units / 3.55 acres = 11.14 du/ac), which falls within the permitted density range for the CA zoning designation. The City may not modify any of the procedural provisions of RMC Title 4, including, but not limited to, fees, submittal requirements, and other similar provisions found in chapters 4-1, 4-7, 4-8 and 4-9. ,i Staff Comment: All standards requested to be modified are contained within the Chapters 4-2 RMC, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC with the exception of a request from modifications from the Urban Design Regulations now found in RMC 4-3-100. Due to a recent Administrative interpretation Modifications to the Urban Design Regulations are now permitted through the PUD process (Exhibit 15). Specific Limitations: The City may not modify any provision of RMC 4-3-050, Critical Areas Regulations, 4-3-090, Shoreline Master Program Regulations, 4-4-130, Tree Cutting and Land Clearing, 4-4-060, Grading, Excavation and Mining Regulations, chapter 4-5 RMC, or RMC 4-6- 010 to 4-6-050 and 4-6-070 through 4-6-110 related to utilities and concurrency, except that ,i provisions may be altered for these codes by alternates, modification, conditional use, or variance as specifically allowed in the referenced Chapter or Section. Such alternates, modification, conditional use, or variance applications may be merged with the consideration of a planned urban development per RMC 4-9-150H. Staff Comment: See comment above. 27. Pursuant to RMC 4-9-150D, each planned urban development shall demonstrate compliance with the Planned Urban Development decision criteria. The following table contains project elements intended to comply with the Planned Urban Development decision criteria, as outlined in RMC 4-9-15OD: Table C. PUD Decision Criteria Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. Staff Comment. if the conditions of approval are met, the applicant will have demonstrated compliance with the PUD regulations and the Comprehensive Plan. The applicant will have demonstrated that the development is superior to that which would result without a PUD and will not be detrimental to surrounding properties. The development of this site as a PUD results in a superior design than what would result by the strict application of the Development Standards for the following reasons: protection of critical areas, provision of public facilities, and overall design. In order to make the site viable for commercial development, the commercial use was sited along the NE 4t' St frontage while the remainder of the residential units were separated and placed in the rear of the development. Second, the proposed design provides for a significant amount of landscaping and re -vegetation of the protected critical areas for which mitigation had been abandoned by a previous owner. Third, the plan provides for both active and passive recreation significantly beyond the standard code requirements. The provided recreation areas would extend benefits beyond the proposed development to the public. This proposed design can provide for the HEX Report City of Renton Department of Commu- ` & Economic Development "earing Examiner Recommendation WHITMAN COURT PUD LUA14-000195, PPUD, ECF, PP Report of May 20, 2014 Page 9 of 45 aforementioned amenities because of the modifications requested in Table A: Requested Modifications from RMC above_ The site is designated Commercial Corridor (CC) on the Comprehensive Plan Land Use Map. The purpose of CC is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment. The proposal is compliant with the following Comprehensive Plan policies: Policy LU -255. Commercial Arterial zoned areas should include an opportunity for residential uses and office as part of mixed-use development. Staff Comment: The proposal provides both commercial and residential uses in a mixed use format that is consistent with recently developed surrounding properties. Policy LU -263. Implement development standards that encourage lively, attractive, medium to high-density commercial areas. ,i Staff Comment: The proposal implements all development standards not modified as part of the PUD if all conditions of approval are met. The medium dense development is pedestrian oriented, provides both passive and active recreational opportunities, and enhancement of protected critical areas on site. Policy LU -268. Public amenity features (e.g. plazas, recreation areas) should be encouraged as part of new development or redevelopment. Staff Comment: A small recreation tract is proposed that includes an architectural feature, hardscape and landscaping which serves as an active recreation area for both the users of the bank and those who live in the residential component of the project. Additionally, the proposal includes an`approximat'e `700-800 linear public walking path extending from NE 4't St looping within the southern portion of the site. Policy CD -36. Developments within Commercial and Centers land use designations should have a combination of internal and external site design features, such as: 1) Public plazas; 2) Prominent architectural features; 3) Public access to natural features or views; 4) Distinctive focal features; ✓ 5) Indication of the function as a gateway, if appropriate; 6) Structured parking; and 7) Other features meeting the spirit and intent of the land use designation. Staff Comment: The proposal includes public access to natural features on site as well as distinctive focal features in the form of over -looks which provide visual access into the critical areas on site. If all conditions of approval are complied with the proposal would also provide prominent building architecturol feotures which would also serve to further comply with this policy. Policy CD -39. Ensure quality development by supporting site plans and plats that incorporate quality building, development, and landscaping standards that reflect unity of ✓ design and create a distinct sense of place. Staff,Comment: While the proposal does not maximize the density of the zone the applicant has proposed a development consistent with the development pattern of the surrounding HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 10 of 45 HEX Report area. The small lot attached townhome development would provide homeownership opportunities within the City. if all conditions of approval are complied with the proposal would also provide prominent architectural features which would also serve to further comply with this policy Public Benefit Required: Applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or. Staff Comment: The applicant submitted a Wetland Delineation (Exhibit 5), prepared by Shannon Wilson, inc. (dated September 7, 2006). The report identified two wetlands on site (Wetlands A and B) and stream (Maplewood Creek). Wetland A (30,612 square feet) is a Category 3 wetland located along the western property boundary and is associated with Maplewood Creek. Wetland B (1,738 square feet) is also classified as a Category 3 wetland, however due to its small size considered exempt. Maplewood Creek was also delineated on the site and it flows in a southerly direction through the west side of the property and is classified as a Class 4 stream. According to the Wetland Delineation Report, Wetland A was primarily vegetated with a variety of shrubs and trees, including: reed canarygrass, bent grass, hard hack, red osier, dogwood, willow, ninebark, and red alder. Wetland B was vegetated with willow, snowberry, and Himalaya blackberry: The Ribera Balko short plat (LUA02-129) established Tract A which included all of the critical areas on site (Exhibit 16). The constructed Ribera Balko Short Plat included approximately 5,912 square feet of unavoidable impacts to the wetland/stream buffer in order to construct the existing stormwater pond. Additionally, the roadside ditch Along NE 4th St was enclosed ,s in a conveyance. The applicant submitted a copy of the approved Wetland and Stream Buffer Mitigation Plan, dated March 27, 2007, for the Ribera Balko Short Plat impacts (Exhibit 6). The plan mitigated buffer impacts caused by the existing stormwater pond and mitigated tributary impacts caused by the enclosing of the NE 4th St ditch into a conveyance system. The planting plan was installed in September of 2008. However, since the time of installation the property and the mitigation project were abandoned. The City received monitoring reports quarterly for the first year and have not received a monitoring report since 2010. The City has been unable to determine the success of the installed mitigation project. While the applicant is not proposing any additional impacts they are proposing an enhancement plan (Exhibit 3) to increase the function and value of the critical area system and bring current the deferred maintenance. Approximately 18,047 square feet of enhancement is proposed in addition to approximately 7,250 square feet of existing buffer that was formerly enhanced would be maintained and monitored in coordination with the enhancement plan for the proposed PUD. As part of the proposal there would be a significant enhancement and replacing in the wetland buffer as well as the removal of invasive species. There is also a soft 4 -foot wide trail being proposed in the outer buffer allowed per RMC 4-3- 050. The proposed mitigation beyond what code requires is being offered because of the modifications requested in Table A above. A comment letter was received by Muckleshoot Indian Tribe Fisheries Division (Exhibit 10) HEX Report City of Renton Department of Commu-:y-- & Economic Development 'eoring Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 11 of 45 HEX Report with comments related to the relationship between the existing Ribero Balko Short Plat mitigation plan (Exhibit 6) and the proposed enhancement plan (Exhibit 3). Therefore, staff recommends, as a condition of approval, a final wetland mitigation plan including baseline information for the Ribera Balko Wetland and Stream Buffer Mitigation Plan be submitted to and approved by the Current Planning Project Manager prior to construction permitl inal PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Finally, the applicant would be required to maintain/install any split rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first. As a note, a surety device in the amount of approximately $84,000 was provided to the City for the success of the Ribera Balko Mitigation Plan. The City is in the process of attempting to attain those funds to assist in the new enhancement effort. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject N/A property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations. Public Facilities: Provides public facilities that could not be required by the City for N/A development of the subject property without a planned urban development. Use of Sustainable Development Techniques: Design which results in a sustainable N/A development; such as LEED certification, energy efficiency, use of alternative energy resources, low impact development techniques, etc. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following: i. Open Space/Recreation: (a) Provides increased open space or recreational facilities beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and (b) Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or Staff Comment. The applicant has provided a variety of recreation opportunity and open space throughout the development. The Critical Areas Tract (Tract A) represents 35% of the gross land area of the site which would continue to be set aside for the preservation of critical areas and be used for passive/visual recreation. Additionally, the proposal includes seven recreation tracts totaling approximately 20,000 square feet. The proposed 20,000 square feet far exceeds the minimum code requirement of 50 square feet per unit (50 SF x 40 units = 2,000 SF). The trail proposed within Tract A would also provide approximately 4,800 square feet of passive recreation space for bird viewing and walking. Each unit would is also proposed to have private open scope in the form of back/front yards. The applicant has indicated there may be potential for landscape/privacy screening and/or fencing. In order to ensure continuity with the PUD design staff recommends as a condition of approval the applicant submit a screening/fencing detail plan. The screening/fencing detail plan shall be submitted to and approved by the Current Planning HEX Report City of Renton Department of Community & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 12 of 45 Project Manager prior to Final PUD/Final Plot approval whichever comes first. All common open spaces are accessed via a pedestrian sidewalk and/or trail directly from the units and from the street. in addition to the provided recreation space, the applicant has indicated that the proposed trail through the wetland has the opportunity to include interpretive signage/information at the trail entrance and at proposed lookouts along the trail. The use of interpretive signage would result in on increase in public benefit far the overall project. Therefore, staff recommends as a condition of approval the applicant provide interpretative signage/information at the trail entrance along NF 4`h St and at proposed lookouts along the trail. The site plan depicting the signage shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final Plat approval whichever comes first. Finally the wetland trail should be open for the general public in order for the surrounding neighborhood to take advantage of the amenity. The expansion of the trail to public use, results in an increase in public benefit for the overall project. in order to achieve public access, on easement shall be recorded memorializing the public access to the wetland trail prior to Final PUD/Final Plot Recording whichever comes first. ii. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or Staff Comment: The proposal includes a looped street system to provide access to the site resulting in a superior circulation pattern to that of a cul-de-sac. The project would provide sufficient vehicle access for the proposed development and the proposed public and private streets could accommodate emergency vehicles and the traffic demand created by the development if all conditions of approval are complied with. in addition to vehicular access the applicant is proposing to provide street improvements which would include the extension of public sidewalks and landscape planters along Whitman Ct NE. internal to the site pedestrian sidewalks continue throughout the development along the internal "street" system and through the open space areas. Pedestrian connections are provided throughout the development including cross walks and connections to parking areas and site amenities. if all conditions of approval ore complied with, the pedestrian circulation system throughout the development would be well designed and would encourage walkobility throughout the neighborhood, potentially reducing the vehicular traffic and impacts on the neighboring community. Tract E would provide auxiliary/guest parking which is centrally located on the site connected by pedestrian connections to all residential units within the development. iii. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; or Staff Comment: The preliminary landscape plan includes a preliminary candidate planting schedule, which included types of trees, shrubs and ground cover but does not identify the exact location and type of tree, shrub, and or ground cover and at what spacing or interval such plants would be planted. As such, staff recommends a condition of approval that the applicant provide a final detailed landscape plan for review and approval by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. Conceptually, the proposed landscape plan for the entire site is superior to what would be required by Renton's Municipal Code with the exception of requirement for a visual barrier along the southern property line (Exhibit 3). Pursuant to RMC 4-4-070 when a commercial zoned lot or use is abutting a residential zone a 15 foot wide partially sight -obscuring HEX Report City of Renton Deportment of Commu _, .. & Economic Development WHITMAN COURT PUD _ Report of May 20, 2014 HEX Report earing Examiner Recommendation LUA14-000195, PPUD, ECF, PP Page 13 of 45 landscaped visual barrier, or 10 foot wide fully sight -obscuring landscaped visual barrier, is required along the common property line. As part of the PUD request the applicant has requested to modifiy this standard in order to provide an approximate 5 -foot wide site obscuring landscape buffer along the eastern portion of the southern property line abutting the R-10 zoned parcel (see Table A: Requested Modifications from RMC). The western portion of the southern property line would provide more than the required buffer through the retention of the existing and/or enhanced buffer for critical areas on site. Staff is in support of the request to reduce the visual buffer from 10 to 5 feet based on the merit of the overall project. Additionally, the proposed density of the development is similar to that of the R-10 zoned development to the south therefore a buffer to separate uses with differing intensities is unnecessary. The visual landscaping barrier is required to be at minimum, six feet high at maturity and at least 10090 sight -obscuring. The proposed landscape buffer would consists of narrow evergreen hedging and it is unclear if the specific vegetation type would meet the minimum height and sigh t-obscuringreq uiremen t. As such, staff recommends a condition of approval requiring the applicant amend the landscape plan to reflect plants with a maturity height of 6 -feet and 100% obscurity for the entire length of the modified 5 -foot wide visual barrier along the eastern portion of the southern property line. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Thematically the proposed landscaping weaves in a consistent theme throughout the commercial and residential portions of the development and ties all proposed open space areas together. The proposed landscape plan includes diverse candidate planting list which consists of: � i'6Mse "ceedr, western 'red cedar, hinoki cypress, excelso cedar, mountain hemlock, big -leaf maple, red maple, katsura, red oak, Japanese stewortia, Swedish aspen, vine maple, Japanses maple, and Korean dogwood trees. The proposed shrub candidate planting list includes: Oregon grape, Pacifc wax myrtle, rhododendron, Irish yew, arborvitae, salal, boxleof hebe, sunrose, English lavendar, sword fern, rosemary, and Evergreen huckleberry. The applicant has indicated that invosive species that currently occupy the wetland buffer would be removed and replaced with the aforementioned plantings. Underground sprinkler systems are required to be installed and maintained for all landscaped areas. The sprinkler system shall provide full water coverage of the planted areas specified on the plan. iv. Site and Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or Staff Comment: All units either face onto a public street, private street and/or on open space green area or recreation space. The proposed lower density development offers a more superior transition to the R-10 zoned residential development that immediately abuts the property to the south. The proposed siting of the bank would provide a transition/buffer from the high volume vehicular traffic on NE 4rh St and the proposed residential development. The architectural design of the proposed buildings are similar for all of the residential structures. However, opportunities exist to enhance the building design in order to provide a superior street presence along the internal "street" system. Particularly the ground floor garage doors could provide additional detailing such as windows and the sides of the buildings facing the public streets and internal "streets" should include an increased `front City of Renton Department of Com^iunity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 14 of 45 HEX Report door or front porch" presence. As such, staff recommends a condition of approval that the garage doors provide additional details and all sides of the building facing the public street and/or internal "street" provide a front door or front porch presence, if this is not achievable an approved landscape screen would be required between the sidewalk and the building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. Furthermore, the proposed buildings contain horizontal and vertical modulation, reducing the bulk of the overall structures. The residential buildings are primarily three stories in height and include a variety of roof profiles which work to reduce the apparent bulk of the buildings. There also appears to be a use of a variety of materials and architectural details such as balconies and entry features to break up the fagade and reduce the overall bulk of the structure. However, the elevations provided do not indicate the type or color of materials proposed for use. As such staff was unable to determine whether or not the materials proposed add value to overall development. Staff will be recommending as a condition of approval the applicant be required to provide revised elevations and a materials board which includes a variety in siding materials and color to the satisfaction of the Current Planning Project Manager (see discussion in Table E: Design District V Standards). v. Alleys: Provides alleys for proposed detached or attached units with individual, private ground related entries. Staff Comment: The applicant is proposing to provide access to 16 of the 40 residential units from alley access ways (Proposed Lots 1-10 and Lots 15-20). The use of the alleys would serve to reduce conflicts between pedestrians and vehicles. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: ✓ Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. Staff Comment: With the recommended conditions above the proposed development would provide a suitable transition to the adjacent lower density and intensity zone to the south and is compatible with the adjacent/abutting developments of the CA zone. The proposed residential buildings have been designed in a manner to be similar in scale and massing to the existing development to the south. Furthermore, the surrounding area to the north, east, and west are developed with similar style, scale, and character of commercial development as the proposed bank structure. The adjacent zones are both CA and R-10, which provide for multi family opportunities and have been developed as such. Moreover, the new development fits into the existing developed fabric of the neighborhood. The provided additional landscaping throughout the site and the enhanced critical area along the perimeter of the development provides a screen from the lower intensity residential development proposed on the subject site to the existing commercial development located to the west. Staff will be recommending, as a condition of approval, the applicant provide a materials board to the satisfaction of the Current Planning Project Manager (see discussion in Table E: Design District `D' Standards). The materials board would also be used to confirm that siding materials are non -reflective which would reduce glare. Each unit would have windows, which could HEX Report City of Renton Department of Comm & Economic Development earing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP_ Report of May 20, 2014 Page 15 of 45 slightly reflect light from the building but not to an extent beyond any typical commercial and multi family development. ii_ Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, townhouses, flats, etc. Staff Comment: The proposed buildings appear to have been designed to be built in a coordinated fashion, utilizing a consistent set of materials. Furthermore, the site is designed to promote open space providing visual and physical access from each unit to a shared common area. The applicant has indicated that the project would provide a rich color palette that would be coordinated throughout the project to unify and tie the neighborhood together in an organized manner. As mentioned above staff will be recommending, as a condition of approval, the applicant provide a materials board to the satisfaction of the Current Planning Project Manager (see discussion in Table E. Design District D' Standards). The materials board would also be used to confirm the use of varied materials and architectural detailing for both the commercial and residential components of the proposal. Additionally, staff will be recommending a condition of approval requiring added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of oil residential units and the northern and western facades of the commercial building (see discussion in Table E: Design District 'D' Standards). The on-site transition between the commercial and residential components of the project would be supported by landscape buffers, separate entry signage as well as building orientations. Compliant Circulation: as Modified through the i. Provides sufficient streets and pedestrian facilities. The planned urban development PUD if All shall have sufficient pedestrian and vehicle access commensurate with the location, size Conditions and density of the proposed development. All public and private streets shall of Approval accommodate emergency vehicle access and the traffic demand created by the are development as documented in a traffic and circulation report approved by the City. Complied Vehicle access shall not be unduly detrimental to adjacent areas. With li_ Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. iv. Provides safe, efficient access for emergency vehicles. Staff Comment: The development fronts onto NE 4th St, an arterial, which has been recently improved as part of a City capital improvement project. NE 4th St is five lanes wide in the project vicinity with curb, gutter, and sidewalk on both sides of the street. Whitman Court NE is two lanes wide with a sidewalk along a portion of the west side of the street. There is an existing driveway extended from Whitman Court NE to the Post Office site, to the east. The NE 4th St/Whitman Court NE intersection is signalized. The applicant is proposing primary access via Whitman Court NE. A limited right in/right out access entry along NE 4th St, in the western portion of the site, is also being proposed far the commercial bank site (Lot 41). The proposal includes 86 residential parking stalls and 16 additional stalls for the proposed bank. HEX Report City of Benton Department of Co -- --unity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 HEX Report Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 16 of 45 The applicant submitted a Traffic impact Analysis prepared by TraffEx, dated !November 25, 2013 (Exhibit 9). The report states that the proposed development would generate 504 trips average weekday vehicle trips (including 131 passerby trips), 45 weekday peak hour AM trips (including 9 passerby trips), and 85 weekday peak hour PM trips (including 26 passerby trips). The report also analyzed the level of service at the following intersections: NE 4th St/Bank driveway, NE 4th St/Whitmon Ct NE, & Whitman Ct NEI Bank driveway/Past office driveway. The traffic study states that these intersections will continue to operate at an acceptable level of service. Increased traffic created by the development would be mitigated by payment of transportation impact fees. In order to mitigate transportation impacts the applicant would be required to pay the appropriate Transportation impact Fee. Currently this fee is assessed at $1,403.72 per new multi family home, $953.25 per new condominium, and $12.98 per new square feet of commercial space. The fee, as determined by the Renton Municipal Code at the time of building permit issuance shall be payable to the City. in most cases internal road networks are not regulated by RMC 4-6-060 — Street Standards as long as Fire Department access requirements are satisfied. However, due to the request to subdivide the property for zero lot line townhomes all internal roads are required to meet street standards outlined in RMC 4-6-060. The applicant is requesting modifications to the street standards for NE 4th St, Whitman Court NE and the internal road network as part of the Preliminary Planned Urban Development. NE 4th St — NE 4th St is five lanes wide in the project vicinity with curb, gutter, and sidewalk on both sides of the street. There is currently no planter strip existing along the NE 4th St street frontage. The applicant is proposing to maintain the existing right-of-way as part of the PUD 7°able A . Std is su brt&e o the'refention o the existin right o wd ( J ff FPP f f 9 9 f Y improvements along NE 4th St. However staff is recommending, as a condition of approval the applicant be required to dedicate 1 -foot behind the sidewalk for maintenance in addition to right-of-way dedication for existing luminaire foundations along NE 4th St. The revised site plan shall be submitted to, and approved by the Current Planning Project Manager, prior to construction permit/Final PUD approval whichever comes first. Whitman Court NE- The applicant is proposing a revised and extended 45 foot wide limited residential access street as part of the PUD (Table A). The proposed cross section includes a 5 -foot wide sidewalk, two 10 foot drive lanes, 6 -foot parking lane, one 8 -foot landscape planter, and another 5 -foot sidewalk. As part of the PUD staff is supportive provided the following conditions of approval are met: 1. North of Road `A, the required planter strip adjacent to the bank site would be 8 - feet, the sidewalk would be 5 feet, the existing 32 foot paved public road portion would remain to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required. 2. South of Road `A; would be required to remain a private road. The private road would have minimum 26 feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5 -feet and a 5 -foot sidewalk. The paved width of this portion of the road would be finalized after a turning movement diagram to allow the turning of large trucks serving the post office is provided by the applicant. 3. Signage must be provided by the developer at the transition from the public to the private road. The revised site plan shall be submitted to and approved by the Current City of Renton Department of Commu - " & Economic Development WHITMAN COURT PUD Report of May 20, 2014 HEX Report "eoring Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 17 of 45 Manager prior to construction permit) final PUD approval whichever comes first. Road 'A'— The applicant is proposing a short 35 foot wide road section that extends west from Whitman Court NE just south of the commercial bank site. This road would serve as the primary access point to the bank site and a connection to proposed Road 'B' would serve as one of two access points for proposed Lots 1-20. The road cross section would include a 25 - foot paved drive lane with five foot sidewalks on both sides. As part of the PUD staff is supportive of the proposed Road 'A' crass section if the following condition of approval is met: The centerline of Road 'A'sholl align with the centerline of the main post office driveway across Whitman Court NE. A revised site plan depicting the alignment shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Roads 'B, 'C', and `D'- The applicant is proposing 20.5 foot wide roads to serve proposed Lots 1-40 as part of the PUD (Table A). Road V would extend south from the intersection with Road Wand turns 90 degrees to the east and connects back with Whitman Court NE. Road 'C extends east from the Whitman Court NE/Rood V intersection and turns 90 degrees to the south and ends in the southeast corner of the property where it turns into Road V. Together Roads C' and 'D' provide a loop in the southeast corner of the property. The cross sections include a 14 to 15 foot wide drive lane and 5 -foot drivable sidewalk. The proposed 14 to 15 foot wide drive lanes (Roads B, C and D) do not meet Fire Deportment standards. Therefore, staff recommends the applicant be required to redesign the roads in order to provide a minimum of 20 foot wide paved drive lane, seporate from any required sidewalks. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Additionally, staff recommends as a condition of a approval the applicant equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Finally, the intersection of Road V with Whitman Court NE must either align opposite the post office driveway or have a minimum separation of 20 feet. A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. The opplicant is not proposing any modifications for proposed alleys. Tracts 'B', 'C', and 'D'- These tracts are proposed to serve as alley access to 16 of the proposed lots. Tract 'B' would serve proposed Lots I5-20 and is proposed to be 14 feet wide with a 12 foot paved drive lane. Tract 'C' would serve proposed Lots 1-4 and is also proposed to be 14 feet wide with a 12 foot paved drive lane. Tract 'D' would serve proposed Lots 5-10 and is also proposed to be 16 feet wide with a 12- oot paved drive lane. The applicant has submitted a revised site plan in on attempt to demonstrate compliance with the aforementioned conditions (Exhibit 14). A concurrency recommendation has been created based upon the test of the citywide Transportation Plan, consideration of growth levels included in the LOS -tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation (Exhibit 17). The development will hove to meet the City of Renton concurrency requirements. Additional pedestrian circulation is provided by onsite sidewalks. These walkways create a City of Renton Department of Community & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 18 of 45 HEX Report looped walking system around the development. begins. Due to shallow residential front yard setbacks there exist the potential far cars to park in front of proposed garage spaces. in order to ensure parked vehicles do not encumber to the proposed pedestrian pathway staff recommends the project's bylaws or CC & R's restrict parking across the pedestrian pathways throughout the development. A copy of the bylaws shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. ✓ Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development, if the applicant provides Code required improvements and fees. A Fire Impact Fee, based on new multi family units and square foot of non-residential area is required in order to mitigate the proposal's potential impacts to City emergency services. The applicant would be required to pay an appropriate Fire Impact Fee. ✓ Parks and Recreation: The proposed development is anticipated to impact the Parks and Recreation system. The applicant would be required to pay an appropriate Parks Impact Fee. The fee would be used to mitigate the proposal's potential impact to City's Park and Recreation system and is payable to the City as specified by the Renton Municipal Code. Compliant if Schools: it is anticipated that the Renton School District can accommodate any additional Condition of students generated by this proposal at the following schools: Maplewood Elementary (1.00 Approval is mile from the subject site), McKnight Middle School (2.9 miles from the subject site) and 'Met -Haien 'High the subjL e,& 3it"eJ.' kCW 58:17.1 jGt 2f provides' that no subdivision be approved without making a written finding of adequate provision made for safe walking conditions for students who walk to and from school. Future students are designated to be transported to school via bus for Elementary and Middle School. High School students are considered to be within walking distance to Hazen High School. The bus stop for the elementary school is currently located at Duvall Ave NE and NE 2"d St (Exhibit 19). It appears there are not designated walkways for portions of Duvall Ave NE between the subject site and the high school. Therefore, staff recommends as a condition of approval the applicant be required to demonstrate safe walking conditions for students from the subject plat to the Hazen High School prior to construction permit/Final PUD approval whichever comes first. This may include a dedicated shoulder, curb, or some other alternative as determined by the Current Planning Division. A School impact Fee, based on new multi family units, will be required in order to mitigate the proposal's potential impacts to Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $1,339.00 per multi- family unit with credit given for the existing residences. ✓ Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: The site is located within the Cedar River drainage basin. The site receives drainage from properties to the north. Currently runoff is collected by a series of catch basins and routed to o detention system/water quality pond, on the southern portion of the site, which is treated and detained prior to discharge downstream. This discharge location is near the southern most property line into Maplewood Creek. Drainage leaves the site and runs approximately 900 feet before tapering down to a smaller Swale. Drainage then continues to flow southward for another 3010 feet, then spilling into a drainage field, and enters into a 12 - HEX Report City of Renton Department of Commu -,_. & Economic Development Baring Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 19 of 45 inch storm drain and eventually into a ravine more than Y. mile from the subject site. The applicant submitted a Preliminary Drainoge Report prepared by ESM, dated February 18, 2014 (Exhibit 8). The report also includes the previously approved drainage report The report states that the runoff from the proposed project would continue to be collected and conveyed by a catch basin/pipe network to the existing detention pond. The proposed facility would also continue to discharge into the onsite stream. Through the Ribera Balko Short Plat (Exhibit 16) the proposal is vested to the 1998 King County Surface Water Design Manual which includes standards for stormwater detention and water quality. The existing 40,754 cubic foot stormwater detention/water quality pond was previously approved and constructed in the southwest portion of the site in anticipation of future development. The applicant has limited impervious surfaces in order to ensure the existing volume of the stormwater pond could accommodate proposed runoff. According to Appendix A of the Drainage Report (Exhibit 8) the pond volume was required to be 38,887 cubic feet. Therefore, the constructed pond is oversized by approximately 4.8%. According to the provided report the pond volume required for the current proposal is less than the previously approved TiR's required volume. The report states that the project should not pose significant negative impacts to the downstream drainage course. The drainage report is acceptable for preliminary review. The report will be reviewed in full detail at the time the project is submitted for construction permit. The applicant will be required to submit a final comparison between the approved drainage facility (constructed for the Ribera Balko short plat) and the proposed development prior to construction permit approval. The applicant should take note that the geotechnical report (Exhibit 7) mentions that much of the site is underlain by fill material not suitable for infiltration. it is also anticipated that perched ground water could be encountered in - excavations during construction. The contractor would be required to be prepared to intercept any ground water seepage entering the excavation and route to suitable discharge location. Water and Sanitary Sewer: This site is served by the City of Renton for water and sewer service. A conceptual water utility plan has been submitted. Extension of the existing 8 -inch water main in Whitman Ct NE would be required from the end of the existing line to the south end of the site to form a loop within proposed Roads C and D. installation of on 8 -inch minimum diameter water main would also be required within Roads A and B. Additionally, the installation of a 4 -inch water main is proposed within Tract S. installation of fire hydrants will be required according to the Fire Department. The development is subject to applicable water system development charges (SDC) fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The SDC fee is paid prior to issuance of the construction permit. A conceptual sewer plan has been submitted. Sewer main extension is proposed to serve the development. For the proposed development with individual lots, individual side sewers to each lot is required. System development charge (SDC) fee for sewer is based on the size of the new domestic water meter. This proposal is also located in the East Renton interceptor Special Assessment District (SAD ). This SAD fee rate is currently $316.80 per lot plus daily interest. The SAD fee rate that is current at the time of issuance of the utility construction permit will be due from the developer at the time the utility construction permit is issued. HEX Report City of Renton Department of Community & Economic Development WHITMAN COURT PUD Report of May 20, 2014 HEX Report Hearing Examiner Recommendation LUA24-000295, PPUD, ECF, PP Page 20 of 45 Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. Staff Comment: The proposed development is designed specifically to increase the access and opportunity far open space. The multiple open spaces throughout the site are well designed and provide a variety of recreational opportunities both passive and active. The overall project has less impervious surface than otherwise would be expected. Based on the provided TIR the site would contain approximately 45% impervious surfaces for the overall site. This would include building areas, associated walkways, driveways, parking and drive aisles and would total approximately 100,000 square feet of area. The remainder of the site would consist of critical areas, landscaping and other pervious surfaces. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent and abutting dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. Staff Comment: The on-site transition between the commercial and residential components_ of the project would be supported by landscape buffers, separate entry signage as well as building orientations. The proposed development would be designed to building code standards for multi family and commercial construction. Each residential unit would have a separate exterior entrance with insulated walls separating the units. All residential units and the commercial structure would have access to light and air, as each structure contains windows and some residential units contain Juliet balconies. Proposed Lots 10-20 and (commercial) Lot 41 would also have direct views of the protected critical area while the remainder of the units would have views of the common open space areas and individual private yards. The applicant has indicated the placement of the buildings, oriented to open space, provides separation and privacy for the residents while maintaining a communal atmosphere. As mentioned above the proposed ehancement of the critical area buffer on the west side of the development would provide screening far the proposed residential portion of the development from the exisitng commercial property to the west. Additionally, the applicant is proposing a 5 -foot planter along the east side of the extended portion of Whitman Court NF to buffer the development for the existing USPS. Finally, a single-family development to the south of the site would be buffered by a 5 -foot visual barrier along the eastern portion of the southern property line if all conditions of approval are met. The applicant did not provide details of roof mounted equipment and/or screening identified for such equipment for the commercial bank. As such, staff recommends a condition of approval that the applicant provide a detailed plan set identifying the location and screening City of Renton Department of Commu- -"-- & Economic Development 'earing Examiner Recommendation WHITMAN_ COUR_T PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 21 of 45 J Compliant if condition of approval is met HEX Report provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval far the bank. Screening landscaping and enclosure is required around refuse and recycling facilities. See supplemental discussion in Table E: Design District "D'Standards. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. Staff Comment: The subject site is relatively flat and does not have a view corridor to Mt. Rainer and/or over a valley etc. Proposed Lots 10-20 and (commercial) Lot 41 would have views of the protected critical area and the remainder of the lots would have views of common open space areas as wells as private yards. The overall orientation of the project enhances local views by taking advantage of the site's natural features. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. Staff Comment: The applicant is proposing to construct a stand-alone bank with drive-thru facilities and 16 parking stalls in a surface parking area east and west of the structure. Private garages, containing two parking stalls are proposed for each residential unit. The private garages consists of side-by-side (Lots 29-33) and tandemparking arrangements (Lots 1-28, and 34-40). Additionally, six parking stalls are proposed as a surface parking to be used for guest parking in the southern portion of the site. The parking regulations, RMC 4-4-080, require a specific number of off-street parking stalls be provided based on the square footage of the use. The following ratios would be applicable to the site: Use Square Footage of Use or # of units Ratio Required Spaces Attached 40 Min: 1 space / residential unit Min: 40 dwellings Max: 1.75 spaces /residential unit Max: 70 Bank 2,657 Min: 2.5 spaces/ 1,000 SF Min: 7 Max: 5 spaces/ 1, 000 SF Max: 13 Based on the proposed uses, a minimum of 47 to a maximum of 66 parking spaces would be allowed in order to meet code. The applicant proposed a total of 102 spaces within structured and surface parking areas. The proposal exceeds the maximum parking stall allowance (13 stalls) by three stalls for the bank use and residential maximum parking stall allowance (70) by 16 parking stalls. The applicant has proposed to modify the maximum parking allowance through the PUD. While the proposal exceeds the maximum number of parking stalls allowed by code the requested modification conforms to the intent and purpose of the parking regulations by providing sufficient on-site parking for the amount necessary for the new development. The additional parking stalls would have no negative impact relative to the environment. However, most of the surface parking stalls are separated by landscaped areas at intervals of 7 stalls or less. However, row of surface parking adjacent to the bank contains City of Renton Department of Community & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 22 of 45 28. Pursuant to RMC 4-9-150D.4, each planned urban development shall demonstrate compliance with the underlying zoning standards; unless a modification for a specific development standard has been requested. The following table contains project elements intended to comply with the underlying zoning standards of the Commercial Arterial zoning classification, as outlined in RMC 4-2-120A: ... ..... . .. . . :Table D: Underlying Zoning Standards The site is designated Commercial Arterial (CA) on the City's Zoning Map. The purpose of CC is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning HEX Report long row of parking without intervening landscaping_ Staff recommends a condition of approval the applicant submit a revised site/landscape plan depicting intervening landscaping at no more than 7 stall intervals in order to reduce the visual impact of surface parking throughout the development. The revised site/landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Stoff is in support of the requested modification as part of the PUD if all conditions of approval are met. Additionally, per RMC 4-4-080 drive-through facilities shall be so located that sufficient on- site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5 stacking spaces per window is required unless otherwise determined by the Planning Director. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. it does not appear the proposal complies with the on-site stacking space requirements in the code. The applicant has proposed to modify the maximum parking allowance through the PUD. The applicant has indicated this type of bank generally does not generate the number of trips which would necessitate a total of the 10 stacking spaces (cars) for the two proposed drive- thru !ones. The reduction in stacking space would have no negative impact relative to the environment. Staff is in support of the requested modification as part of the PUD if oil conditions of approval are met. The parking conforms to the minimum requirements for drive aisle and parking stall dimensions and the provision of ADA accessible parking stalls. Per RMC 4-4-080F.11 the number of bicycle parking spaces shall be 10 percent of the number of required off-street parking spaces for the commercial building and one-half (0.5) bicycle parking space per dwelling unit. Spaces shall meet the requirements of RMC 4-4-080F.11.c. Based on the proposal a minimum of 21 bicycle parking stalls are required to be provided. It is unclear whether adequate stalls have been provided and whether or not they meet the dimensional requirements. Therefore, staff recommends, as a condition of approval, the applicant submit a revised site plan depicting bicycle parking in conformance with RMC4-4- 080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. Phasing: Each phase of the proposed development contains the required parking spaces, open space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, so that each phase, together with previous phases, can stand alone. The applicant is proposing to construct the project in two phases. Phase 1 would include the construction of proposed Lots 1-20 and Lot 41 (the commercial bank site). Phase 2 would include proposed Lots 21-40. All constuction is anticpated to be complete in 2016. Therefore, extensions to the approval time is not being requested at this time. 28. Pursuant to RMC 4-9-150D.4, each planned urban development shall demonstrate compliance with the underlying zoning standards; unless a modification for a specific development standard has been requested. The following table contains project elements intended to comply with the underlying zoning standards of the Commercial Arterial zoning classification, as outlined in RMC 4-2-120A: ... ..... . .. . . :Table D: Underlying Zoning Standards The site is designated Commercial Arterial (CA) on the City's Zoning Map. The purpose of CC is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning HEX Report City of Renton Department of Comm - & Economic Development WHITMAN COURT PUD Report of May 20, 2014 "earing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 23 of 45 incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment. The proposal is compliant with the following Comprehensive Plan policies: Use: Banking uses are permitted within the CA zone. Attached residential units are permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of 30 feet in depth along any street frontage. Residential uses shall not be located on the ground floor, except for a residential entry feature linking the residential portion of the development to the street. Compliant Requested to be modified through the PUD. as Modified through the Staff` Comment: Through the use of the PPUD the applicant is proposing to separate PUD commercial and residential uses on the site. Due to the V shape of the site a majority of the property does not hove frontage along the abutting arterial (NE Or' St). The commercial portion of the proposal would utilize the frontage, along NE 4`" St, while the remainder of the residential development would be located to the rear of the property which is not dependent on high traffic visibility like the commercial use. Staff is in support of the requested modification as part of the PUD if all conditions of approval ore met. Density: Per RMC 4-2-120A the allowed density range in the CA zoning classification is a minimum of 20 dwelling units per net acre (du/ac) up to a maximum of 60 du/ac. Net density is calculated after public rights-of-way, private access easements, and critical areas are deducted from the gross acreage of the site. ,i Staff Comment: After deducting 32,446 square feet for right-of-way dedications, 3,841 square feet for access easements, and 32,126 square feet for critical areas from the 223,073 gross square footage of the site, the net square footage would be 154,660 square feet (3.55 net acres). The 40 unit proposal would arrive at a net density of 11.14 dwelling units per acre (40 units/ 3.55 acres = 1114 du/ac), which falls within the permitted density range for the CA zoning classification. Lot Dimensions: Per RMC 4-2-120A the minimum lot size, in the CA zone, is 5,000 square feet Requested to be modified through the PUD. Compliant Staff Comment: As demonstrated in the table above (Finding 12) the proposal does not as Modified comply with the minimum lot size requirement of the zone for all residential units. The through the applicant has proposed to modify the minimum lot size requirement through the PUD. The PUD reduction in lot size allows the applicant to achieve the minimum density of the zone while providing amenities which serve to enhance the quality of the development and meet the PUD decision criteria. Therefore, staff is in support of the requested modification if all conditions of approval are met. Lot Coverage: Per RMC 4-2-120A the allowed lot coverage is 65 percent or 75% if parking is provided within the building or within an on-site parking garage for proposals within the CA classification. Compliant if Requested to be modified through the PUD. condition of Staff Comment: The lot coverage would vary for the proposed lots. The lowest percentage approval is being Lot 41 (the commercial bank site) with an approximate 8.83% building coverage. The met lot coverage for the residential lots would range from 31.89% to 70.86%. The applicant is requesting the flexibility to increase the allowable lot coverage beyond 75% should the PUD plan change. However, the 7596 maximum lot coverage requirement allows for much needed private open space on each individual lot as required pursuant to the PUD development standards. Therefore, staff would not be supportive of such a request to exceed the lot HEX Report City of Renton Department of Corr—unity & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD L UA14-000295, PPUD, ECF, PP Report of May 20, 2014mm� Page 24 of 45 HEX Report coverage maximum. Therefore, staff recommends as a condition of approval the applicant be required to submit a lot coverage analysis compliant with RMC 4-2-120A. The lot coverage anaylsis shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD approval. Setbacks: Per RMC 4-2-120A the CA zoning classification requires a minimum front yard of setback of 10 feet which may be reduced to zero feet during the site pian development review process, provided blank walls are not located within the reduced setback. There is a maximum front yard setback of 15 feet. The CA zone has no rear or side yard setback except 15 feet if lot abuts or is adjacent to a residential zone. Requested to be modified through the PUD. Staff Comment: As part of the PUD the applicant is proposing to modify the setback for two of the 41 lots. Proposed Commercial Lot 41 would have front yard setback of 28.5 feet exceeding the maximum front yard setback. Proposed Lot 34 would have a 10 foot side yard Compliant setback from the abutting residential zoned property line which would not comply with the as Modified 15 foot setback from an abutting residential zone. Given the proposed pedestrian connection through the from NE 4`" St and proposed plaza staff is in support of an increased setback from the NE 4tn PUD St. The proposed commercial site is oriented to the pedestrian through such measures as the provision of pedestrian walkways beyond those required by the Renton Municipal Code. Additionally, the proposal creates a low scale streetscape along NE 4rh St through distinctive architecture and the exclusion of parking along the street front if all conditions of approval are met. Staff is also in support of a reduction in the setback for proposed Lot 34 given the intensity/density of the proposed development. The proposed development is of similar density to the abutting development to the south. Therefore, the increase in separation is unnecessary. Additionally, staff has recommended the applicant provide at least a 5 -foot vegetated visual barrier along the southern property line to provide privacy for the existing and proposed development. Landscaping: Per RMC 4-4-470 ten feet of on-site landscaping is required along all public compliant street frontages, with the exception of areas for required walkways and driveways or those as Modified projects with reduced setbacks. through the PUD Requested to be modified through the PUD. Staff Comment: See discussion above in Table C., PUD Decision Criteria. Building Height: Per RMC 4-2-120A building height is restricted to 54 feet except 60 feet for mixed use (commercial and residential) in the same building. Stott Comment: The proposed residential units would have a height of approximately 35 feet from finished floor elevation, at the average height of the varied pitched roof elements (Exhibit 11). The proposed commercial structure would have a height of approximately would be 30 feet and four -inches from finished floor elevation, at the highest point of the of the tower element (Exhibit 11). The proposal complies with the height requirements of the zone. Compliant if Screening: All mechanical equipment and outdoor service and storage areas shall be condition of screened to reduce visibility, noise, and related impacts while allowing accessibility for approval is providers and users. met Staff Comment: The applicant did not provide details of roof mounted equipment and/or screening identified for such equipment for the commercial bank. As such, staff has HEX Report City of Renton Department of Comm WHITMAN COURT PUD Report of May 20, 2014 & Economic Development earing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 25 of 45 HEX Report recommended as a condition of approval that the applicant provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank (see discussion in Table C: PUD Decision Criteria). Compliant as Modified Parking: The parking regulations, RMC 4-4-080, require a specific number of off-street through the parking stalls be provided based on the square footage of the use. PUD if condition of Requested to be modified through the PUD. approval is Staff Comment: See discussion above in Table C_ PUD Decision Criteria. met Compliant Refuse and Recyclables: Per RMC 4-4-090 for multi -family developments a minimum of 1 %2 as Modified square feet per dwelling unit is required for recyclable deposit areas and a minimum of 3 through the square feet per dwelling unit is required for refuse deposit areas. In retail developments, a PUD minimum of 5 square feet per every one 1,000 square feet of building gross floor area shall be provided for recyclables deposit areas and a minimum of ten 10 square feet per 1,000 square feet of building gross floor area shall be provided for refuse deposit areas. Requested to be modified through the PUD. Staff Comment: Based on the proposal for a total of 2,657 square feet of retail space, a minimum area of 100 square feet of refuse and recycle area would be required for the commercial component of the project. Another 180 square feet of refuse and recycle area should also be dedicated based on the proposal for 40 residential units. As part of the PUD the applicant is requesting to modify the residential refuse and recycle standards in order to provide residential refuse and recycle utility areas within,the each individual residential unit. Additionally, the applicant is requesting to provide a 64 square foot area dedicated to the commercial use for refuse and recycle instead of the 100 square foot minimum standard. Staff is in support of the requested modifications as part of the PUD if all conditions of approval are met. Staff recommends as a condition of approval the applicant be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager prior to Final PUD approval. Vehicles: Per RMC4-2-120 a connection shall be provided for site -to -site vehicle access ways, where topographically feasible, to allow a smooth flow of traffic across abutting CA parcels without the need to use a street. Access may comprise the aisle between rows of parking stalls but is not allowed between a building and a public street. Staff Comment: This section of code is intended to provide vehicular connections to abutting commercial uses. The proposal is bordered by critical areas to the west and single family uses to the south which would preclude vehicular connections. Existing vehicular connections to the adjacent USPS are established. The applicant is proposing to retain the vehicular connectivity currently enjoyed. Unknown Signs: Staff Comment: The applicant did not submit a signage package for the proposed library and therefore could not be reviewed at this time. The applicant would be required to comply with the signage requirements outlined in RMC 4-4-100 at the time of sign application. Compliant if Critical Areas: condition of approval is Staff Comment: See discussion in Table C. PUD Decision Criteria. HEX Report City of Renton Department of Community & Economic Development WHITMAN COURT PUD Report of May 20, 2014 met Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 26 of 45 29. Pursuant to RMC 4-9-150D.4, each planned urban development shall demonstrate compliance with any overlay district; unless a modification for a specific development standard has been requested. The following table contains project elements intended to comply with the standards of the NE 4th Business District standards, as outlined in RMC 4-2-12OA: Table E. Design District 'D' Standards 1. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity. a. Building Location and Orientation: Intent: To ensure visibility of businesses and to establish active, lively uses along sidewalks and pedestrian pathways. To organize buildings for pedestrian use and so that natural light is available to other structures and open space. To ensure an appropriate transition between buildings, parking areas, and other land uses; and increase privacy for residential uses. Guidelines: Developments shall enhance the mutual relationship of buildings with each other, as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. Lots shall be configured to encourage variety and so that natural light is available to buildings and open space. The privacy of individuals in residential uses shall be provided for. Standard: The availability of natural light (both_direct and reflected) and direct sun exposure to nearby buildings and open space (except parking areas) shall be considered when siting structures. Standard: Buildings shall be oriented to the street with clear connections to the sidewalk. Staff Comment: All units of the residential portion of the development are accessed from either a foyade facing a public/private street or on open green space with walkway. The proposed bank would not have on orientation to the street due to the configuration of the drive through and would orient to the west onto a new pedestrian plaza and the critical area beyond. In place of the building's orientation to the street the applicant is proposing the drive thru portion of the site adjacent to NE 4th St which negatively affects the mutual relationship with the development and the public. The proposal has the ability to incorporate additional pedestrian amenities on the site in order to achieve an orientation to the pedestrian. The Compliant if applicant is proposing the pedestrian oriented plaza and walkways which would connect NE 4`6 condition of approval is St to the residential portion of the development through the commercial lot. In general the met proposal as a whole is inviting and comfortable for pedestrians and provides a mutual relationship with existing uses as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. However, in order to improve the aesthetic quality of the development and soften the appearance of the drive thru lone, staff is recommending as a condition of approval the applicant be required to revise the landscaping plan to enhance the landscaping/screening along NE 4ih St, primarily directly in front of the drive-thru bays. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. If all conditions of approval are met the proposal would satisfy the intent of this standard. 'e Standard: The front entry of a building shall be oriented to the street or a landscaped HEX Report City of Renton Department of Commu " & Economic Development "earing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 27 of 45 HEX Report pedestrian -only courtyard. Standard: Buildings with residential uses located at the street level shall be set back from the ✓ sidewalk a minimum often feet (10') and feature substantial landscaping between the sidewalk and the building or have the ground floor residential uses raised above street level for residents privacy. b. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Guidelines: Primary entries shall face the street, serve as a focal point, and allow space for social interaction. All entries shall include features that make them easily identifiable while reflecting the architectural character of the building. The primary entry shall be the most visually prominent entry. Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shall be provided and shall enhance the overall quality of the pedestrian experience on the site. Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human -scale elements. Staff Comment: All units of the residential portion of the development are accessed from either Not a fagade facing a public/private street or an open green space with walkway. All primary Compliant entries include porches for the residential development. With Standard but The main entrance for the commercial development is located on the western fd�ade oriented compliant towards a new pedestrian plaza and critical area beyond. The entrance into the commercial lot with the is -identified with bollards at NE 4ch St as well as a projecting entry form with tall pyramid roof intent and element, and a projecting canopy for the bank structure. The front entrance is a focal point of guideline the project and while the entrance is not oriented to the street the proposal is inviting and comfortable for pedestrians and provides a mutual relationship with existing uses as well as with the roads, open space, and pedestrian amenities while working to create a pedestrian oriented environment. The proposal is compliant with the intent and guideline of the standard if conditions of approval are met for ground level details (see below). Standard: A primary entrance of each building shall be made visibly prominent by ✓ incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting. Standard Building entries from a street shall be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping and include weather protection at least four ✓ and one-half feet (4-1/2') wide (illustration below). Buildings that are taller than thirty feet (30') in height shall also ensure that the weather protection is proportional to the distance above ground level. Not Compliant With Standard: Building entries from a parking lot shall be subordinate to those related to the Standard but street. meets the Staff Comment: See discussion above. intent and guideline Not Standard: Features such as entries, lobbies, and display windows shall be oriented to a street Compliant With or pedestrian -oriented space; otherwise, screening or decorative features should be HEX Report City of Renton Department of Com-runity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 28 of 45 Standard but incorporated. meets the intent and Staff Comment. See discussion above. guideline Standard: Multiple buildings on the same site shall direct views to building entries by ✓ providing a continuous network of pedestrian paths and open spaces that incorporate landscaping. Standard: Ground floor residential units that are directly accessible from the street shall ✓ include entries from front yards to provide transition space from the street or entries from an open space such as a courtyard or garden that is accessible from the street. c. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. Guidelines: Careful siting and design treatment shall be used to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. Standard: At least one of the following design elements shall be considered to promote a transition to surrounding uses: (a) Building proportions, including step -backs on upper levels; (b) Building articulation to divide a larger architectural element into smaller increments; or (c) Roof lines, roof_ pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Additionally, the Administrator of the Department of Community and Economic Development or designee may require increased setbacks at the side or rear of a building in order to reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting yards. d. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and other abutting uses are minimized. The impacts of service elements shall be mitigated with landscaping and an enclosure with fencing that is made of quality materials. Standard: Service elements shall be located and designed to minimize the impacts on the a pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use. Standard: In addition to standard enclosure requirements, garbage, recycling collection, and Compliant if utility areas shall be enclosed on all sides, including the roof and screened around their Condition of perimeter by a wall or fence and have self-closing doors. Approval Staff Comment: The applicant's submittals did not include the refuse and recyclable enclosure Complied With elevations. Therefore, staff recommends as a condition of approval, the applicant be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The HEX Report City of Renton Deportment of Commu- -- & Economic development WHITMAN COURT PUD _ Report of May 20, 2014 earing Examiner Recommendation LUA14-000195, PPUD, ECF, PP Page 29 of 45 HEX Report revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. if this condition of approval is met the proposal would satisfy this standard. Compliant if Condition of Standard: Service enclosures shall be made of masonry, ornamental metal or wood, or some Approval combination of the three (3). Complied Staff Comment: See discussion and condition above. With Standard: If the service area is adjacent to a street, pathway, or pedestrian -oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. Compliant i/ Condition of Staff Comment: The refuse and recycling area, on the commercial site, only provides landscape Approval screening along two of the three sides. Staff recommends a condition of approval that the Complied refuse and recycling facilities be screened with landscaping on a minimum of three sides. The With revised landscape plan shall be submitted to approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. if this condition of approval is met the proposal would satisfy this standard. e. Gateways: Intent: To distinguish gateways as primary entrances to districts or to the City, special design features and architectural elements at gateways should be provided. While gateways should be distinctive within the context of the district, they should also be compatible with the district in form and scale. Guidelines: Development that occurs at gateways should be distinguished with features that visually indicate to both pedestrians and vehicular traffic the uniqueness and prominence of their locations in the City. Examples of these types of features"indude monuments, public art, and public plazas. N/A Standard: Developments located at district gateways shall be marked with visually prominent features. N/A Standard Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles. Standard: Visual prominence shall be distinguished by two (2) or more of the following: 1) Public art; 2) Special landscape treatment; 3) Open space/plaza; N/A 4) Landmark building form; 5) Special paving, unique pedestrian scale lighting, or bollards; 6) Prominent architectural features (trellis, arbor, pergola, or gazebo); Neighborhood or district entry identification (commercial signs do not qualify). Z. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. HEX Report City of Renton Deportment of Corr—unity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 Hearing Examiner Recommendation LUA24-000295, PPUD, ECF, PP Page 30 of 45 a. Surface Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the parking area and associated vehicles. large areas of surface parking shall also be designed to accommodate future infill development. ✓ Standard: Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot. Standard: Parking shall be located so that it is screened from surrounding streets by buildings, landscaping, and/or gateway features as dictated by location. b. Structured Parking Garages: Intent: To promote more efficient use of land needed for vehicle parking; encourage the use of structured parking; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages. Guidelines: Parking garages shall not dominate the streetscape; they shall be designed to be complementary with adjacent and abutting buildings. They shall be sited to complement, not subordinate, pedestrian entries. Similar forms, materials, and/or details to the primary building(s) should be used to enhance garages. N/A Standard: Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of seventy five percent (75%) of the building frontage width. Standard: The entire facade must feature a pedestrian -oriented facade. The Administrator of the Department of Community and Economic Development may approve parking sti uctures that do not feature a pedestrian orientation in limited circumstances. If allowed, the structure N/A shall be set back at least six feet (6') from the sidewalk and feature substantial landscaping. This landscaping shall include a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to ten feet (10') when abutting a primary arterial and/or minor arterial. N/A Standard: Public facing facades shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials. N/A Standard: The entry to the parking garage shall be located away from the primary street, to either the side or rear of the building. Standard: Parking garages at grade shall include screening or be enclosed from view with N/A treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. Standard: The Administrator of the Department of Community and Economic Development or designee may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: N/A (a) ornamental grillwork (other than vertical bars); (b) Decorative artwork; (c) Display windows; (d) Brick, tile, or stone; HEX Report City of Renton Deportment of Commu-'`' & Fconomic Development WHITMAN COURT PUD Report of May 20, 2014 earing Examiner Recommendation LUA_ 14-000295, PPUD, ECF, PP Page 31 of 45 HEX Report (e) Are -cast decorative panels; (f) Vine -covered trellis; (g) Raised landscaping beds with decorative materials; or (h)Other treatments that meet the intent of this standard... c. Vehicular Access: Intent: To maintain a contiguous and uninterrupted sidewalk by minimizing, consolidating, and/or eliminating vehicular access off streets. Guidelines: Vehicular access to parking garages and parking lots shall not impede or interrupt pedestrian mobility. The impacts of curb cuts to pedestrian access on sidewalks shall be minimized. Standard: Access to parking lots and garages shall be from alleys, when available. If not available, access shall occur at side streets. Standard: The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. Staff Comment: The proposal includes a number of curb cuts on the internal road system, Compliant if which could be combined into shored driveways in order to reduce interruptions experienced by Condition of pedestrians along the internal road network and enhance the pedestrian orientation of the Approval development used to justify the requested PUD. Therefore, staff recommends as a condition of Complied approval the applicant be required to reduce the number of residential curb cuts along the With internal road system to the satisfaction of the Current Planning Division. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. If this condition of approval is met the proposal would satisfy this standard. 3. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi- modal and public transportation systems in order to reduce other vehicular traffic. a. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Sidewalks and/or pathways shall be provided and shall provide safe access to buildings from parking areas. Providing pedestrian connections to abutting properties is an important aspect of connectivity and encourages pedestrian activity and shall be considered. Pathways shall be easily identifiable to pedestrians and drivers. Standard: A pedestrian circulation system of pathways that are clearly delineated and connect buildings, open space, and parking areas with the sidewalk system and abutting properties shall be provided. (a) Pathways shall be located so that there are clear sight lines, to increase safety. (b) Pathways shall be an all-weather or permeable walking surface, unless the applicant can demonstrate that the proposed surface is appropriate for the HEX Report City of Renton Deportment of Com-7unity & Economic Development WHITMAN COURT PUD_ Report of May 20, 2014 mm Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 32 of 45 HEX Report anticipated number of users and complementary to the design of the development. Standard: Pathways within parking areas shall be provided and differentiated by material or texture (i.e., raised walkway, stamped concrete, or pavers) from abutting paving materials. Permeable materials are encouraged. The pathways shall be perpendicular to the applicable building facade and no greater than one hundred fifty feet (150') apart. Compliant if Condition of Staff Comment: The applicant has proposed a series of pedestrian connections throughout the Approval site however it is Unclear if there is a differentiation of materials across the drive aisles (Exhibit Complied With 2). Therefore, staff recommends as a condition of approval the applicant revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. if this condition of approval is met the proposal would satisfy this standard. Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an S foot minimum unobstructed walking surface. (b) interior pathways shall be provided and shall vary in width to establish a hierarchy. The widths shall be based on the intended number of users; to be no smaller than five feet (5') and no greater than twelve feet (12'). (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of.users. N/A Standard: Mid -block connections between buildings shall be provided. b. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Guidelines: The pedestrian environment shall be given priority and importance in the design of projects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be included. Standard: Architectural elements that incorporate plants, particularly at building entrances, in publicly accessible spaces and at facades along streets, shall be provided. Staff Comment: This standard is intended to be applied to the commercial portion of the development along NE 4`" St. The applicant has not proposed architectural elements along the Compliant if commercial building's northern and western facades incorporating plants (Exhibit 11). condition of However, the applicant has partially achieved on attractive space that is inviting and Approval comfortable for pedestrians with the landscaping area to the north of the structure and the Complied With plaza area to the west of the structure. Staff will be recommending a condition of approval that requires the applicant to provide additional architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the northern and western facades of the commercial building (see below). if this condition of approval is complied with, the proposal would comply with the intent and guideline of this standard. Standard: Amenities such as outdoor group seating, benches, transit shelters, fountains, and ✓ public art shall be provided. (a) Site furniture shall be made of durable, vandal- and weather -resistant materials HEX Report City of Renton Department of Commu & Economic Development earing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 33 of 45 HEX Report that do not retain rainwater and can be reasonably maintained over an extended period of time. (b) Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. Standard: Pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs shall be provided. These elements shall be a minimum of 4.5 ✓ feet wide along at least seventy 75 percent of the length of the building facade facing the street, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. 4. RECREATION AREAS AND COMMON OPEN SPACE: Intent: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations. To create usable and inviting open space that is accessible to the public; and to promote pedestrian activity on streets particularly at street corners. Guidelines: Developments located at street intersections should provide pedestrian -oriented space at the street corner to emphasize pedestrian activity (illustration below). Recreation and common open space areas are integral aspects of quality development that encourage pedestrians and users. These areas shall be provided in an amount that is adequate to be functional and usable; they shall also be landscaped and located so that they are appealing to users and pedestrians Standard: All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common opens space and/or recreation areas. Standard: Amount of common space or recreation area to be provided: at minimum fifty {50) square feet per unit. Standard: The location, layout, and proposed type of common space or recreation area shall ✓ be subject to approval by the Administrator of the Department of Community and Economic Development or designee. Standard: At least one of the following shall be provided in each open space and/or recreation area (the Administrator of the Department of Community and Economic Development or designee may require more than one of the following elements for developments having more than one hundred (100) units): (a) Courtyards, plazas, or multi-purpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens/pea-patches. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. N/A Standard: All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian - HEX Report City of Renton Department of Com-iunity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 34 of 45 HEX Report oriented space. Standard: The pedestrian -oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses shall include all of the following: (a) Visual and pedestrian access (including barrier -free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; and N/A (b) Paved walking surfaces of either concrete or approved unit paving; and (c) On-site or building -mounted lighting providing at least four (4) foot-candles (average) on the ground; and (d) At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. Standard: The following areas shall not: count as pedestrian -oriented space for buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses: (a) The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian - N/A oriented space if the Administrator of the Department of Community and Economic Development or designee determines such space meets the definition of pedestrian -oriented space. (b) Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. N/A Standard: Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian -oriented space. S. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. a. Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Guidelines: Building facades shall be modulated and/or articulated to reduce the apparent size of buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Standard: All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Sta{f Comment: The applicant has not proposed modulation along all of the commercial building's facades (Exhibit 11). The applicant has partially met the intent of this standard to Compliant if Condition of achieve visual interest with the use of landscaping and pedestrian amenities. However, the Approval blank walls are only partially buffered by landscaping (Exhibit 3). The use of a variety of Complied With vegetation along the property edge would help to create human scale, add visual interest along the blank fagade and create a safe separation between vehicles and pedestrians. staff has recommended a condition of approval requiring the applicant submit a revised landscape plan depicting enhanced landscaping along the frontage of the site. If all conditions of approval are met the proposal would satisfy the intent of this standard. HEX Report City of Renton Deportment of Comm WHITMAN COURT PUD Report of May 20, 2014 & Economic Development earing Examiner Recommendation LUA14-000295, PPUD, ECF, PP - Page 35 of 45 ✓ Standard: Modulations shall be a minimum of two feet (2') deep, sixteen feet (16) in height, and eight feet (8') in width. Standard: Buildings greater than one hundred sixty feet (160') in length shall provide a variety of modulations and articulations to reduce the apparent bulk and scale of the facade; or N/A provide an additional special feature such as a clock tower, courtyard, fountain, or public gathering area. b. Ground -Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human -scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. Standard: Human -scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade's ground floor. Staff Comment: The applicant has not proposed human -scaled elements such as lighting fixtures, trellises, or other landscape features along the majority street facades of the residential structures as well as the commercial building's northern and western fo�ades (Exhibit 4). Additionally, the proposal does hot comply with the ground -level Mail'stondards for glazing along the street for the commercial structure. A recommended condition above, for additional vegetation along the northern facade of the commercial building would partially Compliant if meet the intent of this standard. However, the northern and western fagades of the Condition of commercial structure as well as the residential structures need additional human scale Approval elements in order to reinforce a pedestrian oriented development used to justify the PUD Complied With request. Architectural detailing elements including lighting fixtures, contrasting materials, or special detailing would bring the proposal into compliance with the intent of this standard to create human -scale character of the pedestrian environment. Therefore, staff recommends as ❑ condition of approval, the applicant submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of all residential units and the northern and western f❑�ades of the commercial building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD or building permit approval whichever comes first. If this condition of approval is met the proposal would satisfy this standard. Standard: On any facade visible to the public, transparent windows and/or doors are required Compliant if Condition of to comprise at least 50 percent of the portion of the ground floor facade that is between 4 Approval feet and 8 feet above ground (as measured on the true elevation). Complied With Staff Comment: See condition above. Standard: Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50 percent. Standard: Display windows shall be designed for frequent change of merchandise, rather than permanent displays. HEX Report City of Renton Department of Cam-iunity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 35 of 45 HEX Report Standard: Where windows or storefronts occur, they must principally contain clear glazing. +l Standard: Tinted and dark glass, highly reflective (mirror -type) glass and film are prohibited_ Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of a ground floor wall over 6 feet in height, has a N/A horizontal length greater than 15 feet), and does not include a window, door, building modulation or other architectural detailing; or (e) Any portion of a ground floor wall has a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Standard: If blank walls are required or unavoidable, blank walls shall be treated with one or more of the following: (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; N/A (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or -,(e) heating area with special paying and seasonal planting. c. Building Roof Lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Guidelines: Building roof lines shall be varied and include architectural elements to add visual interest to the building. Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles: (a) Extended parapets; (b) Feature elements projecting above parapets; V (c) Projected cornices; (d) Pitched or sloped roofs (e) Buildings containing predominantly residential uses shall have pitched roofs with a minimum slope of one to four (1:4) and shall have dormers or interesting roof forms that break up the massiveness of an uninterrupted sloping roof. d. Building Materials: Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Guidelines: Building materials are an important and integral part of the architectural design of a building that is attractive and of high quality. Material variation shall be used to create visual appeal and eliminate HEX Report City of Renton Department of Commu -'- , & Economic Development earing Examiner Recommendation WHITMAN COURT PUD _ LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 37 of 45 monotony of facades. This shall occur on all facades in a consistent manner. High quality materials shall be used. If materials like concrete or block walls are used they shall be enhanced to create variation and enhance their visual appeal. Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. Staff Comment: The applicant has proposed a variety of brick and metal materials for the commercial structure and siding and stone materials for the residential portion of the development. The provided elevations are very conceptual and do not include the details Compliant if necessary to determine compliance with the standard. it appears that the use of changes in Condition of materials and color especially for the residential structures, would assist in the creation of Approval visual appeal and call attention to the form and the function of the structure. Therefore, staff Complied recommends, as a condition of approval, the applicant submit revised elevations depicting the with use of the some materials finished on all sides of the building as well as additional changes in materials and calor for the residential structures. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the residential buildings for a height appropriate to the scale of the structure. If this condition of approval is met the proposal would satisfy this standard. Campiiarrt if Condition n of Standard: All buildings shall use material variations such as colors, brick or metal banding, Approval patterns or textural changes. Complied Staff Comment: See comirienf dbove. With Standard: Materials shall be durable, high quality, and consistent with more traditional urban development, such as brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass and cast -in-place concrete. Compliant if Condition of Staff Comment: It isn't clear if the proposal would use high quality building materials. in order Approval to ensure that quality materials are used staff recommends the applicant is recommended to Complied submit a materials board subject to the approval of the Current Planning Project Manager With prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre finished metal, stone, steel, glass, cast -in-place concrete, or other high quality material. If this condition of approval is met the proposal would satisfy this standard. N/A Standard: if concrete is used, walls shall be enhanced by techniques such as texturing, reveals, and/or coloring with a concrete coating or admixture. Standard. if concrete block walls are used, they shall be enhanced with integral color, textured N/A blocks and colored mortar, decorative bond pattern and/or shall incorporate other masonry materials. S. SIGNAGE: Intent: To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale for the project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest. Guidelines: Front -lit, ground -mounted monument signs are the preferred type of freestanding sign. Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian - HEX Report City of Renton Department of Com --unity & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 38 of 45 oriented streets. Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. Standard: Entry signs shall be limited to the name of the larger development_ Unknown at Staff Comment. Signage has not yet been designed for the proposed project. The applicant this time would be required to submit a comprehensive signage package which complies with the standards of Design District V. The signage package shall be submitted to and approved by the Current Planning Manager prior to sign permit approval. Unknown at Standard: Corporate logos and signs shall be sized appropriately for their location. this time Staff Comment: See comment above. Standard: In mixed use and multi -use buildings, signage shall be coordinated with the overall N/A building design. Standard: Freestanding ground -related monument signs, with the exception of primary entry Unknown at signs, shall be limited to five feet (5) above finished grade, including support structure. this time Staff Comment: See comment above. Standard: Freestanding signs shall include decorative landscaping (ground cover and/or Unknown at shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage may this time incorporate stone, brick, or other decorative materials as approved by the Director. Staff Comment: See comment above. Standard: All of the following are prohibited: a. Pole signs; b. Roof signs; and Unknown at c. Back -lit signs with letters or graphics on a plastic sheet (can signs or illuminated this time cabinet signs). Exceptions: Back -lit logo signs less than ten (10) square feet are permitted as area signs with only the individual letters back -lit (see illustration, subsection G8 of this Section). Staff Comment: See comment above. 6. LIGHTING: Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Guidelines: Lighting that improves pedestrian safety and also that creates visual interest in the building and site during the evening hours shall be provided. Standard: Pedestrian -scale lighting shall be provided at primary and secondary building entrances. Examples include sconces on building facades, awnings with down -lighting and Compliant if decorative street lighting. Condition of Staff Comment: The applicant has indicated compliance with the above lighting standard as Approval Complied With well as the two standards mentioned below, in the submitted design district compliance narrative. However, a lighting plan was not submitted identifying compliance with these standards, as such staff recommends a condition of approval that the applicant be required to provide a lighting plan that adequately provides for public safety without casting excessive HEX Report City of Renton Department of Commu " & Economic Development WHITMAN COURT PUD Report of May 20, 2014 'earing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 39 of 45 30. Pursuant to RMC 4-9-150D.4, each planned urban development shall demonstrate compliance with the development standards for the Planned Urban Development regulations. The following table contains project elements intended to comply with the development standards of the Planned Urban Development regulations, as outlined in RMC 4-9-150E: Table. F. FUD Development Standards glare on adjacent properties, at the time of building permit review. Pedestrian scale and downlighting shall be used in oil cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On -Site. if this condition of approval is met the proposal would satisfy this standard. designed to provide either active or passive recreation. Requirements for residential, mixed use, Standard: Accent lighting shall also be provided on building facades (such as sconces) and/or to illuminate other key elements of the site such as gateways, specimen trees, other significant landscaping, water features, and/or artwork. Staff Comment: Both the commercial and residential components of the project need Compliant if Condition of additional human scale elements in order to reinforce a pedestrian oriented development Approval (Exhibit 11). Ornamental lighting fixtures would help create more visual interest for the Complied with buildings. Therefore staff recommends, as a condition of approval, the applicant be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. If oil conditions of approval are met the proposal would satisfy the intent of this standord. Standard: Downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or Compliant if Condition of is specifically listed as exempt from provisions located in RMC 4-4-075, Lighting, Exterior On - Approval Site (i.e., signage, governmental flags, temporary holiday or decorative lighting, right -of -way - Complied With lighting, etc.). Staff Comment: See Condition above. 30. Pursuant to RMC 4-9-150D.4, each planned urban development shall demonstrate compliance with the development standards for the Planned Urban Development regulations. The following table contains project elements intended to comply with the development standards of the Planned Urban Development regulations, as outlined in RMC 4-9-150E: Table. F. FUD Development Standards COMMON OPEN SPACE STANDARD: Open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation. Requirements for residential, mixed use, commercial, and industrial developments are described below. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Hearing Examiner. The required common open space shall be satisfied with one or more of the elements listed below. The Hearing Examiner may require more than one of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or HEX Report City of Renton Department of Con -runny & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 40 of 45 HEX Report (e) Children's play spaces. Staff Comment: The proposed development would contain 40 units, which would result in a minimum requirement of 2,000 square feet (40 units x 50 SF = 2,000 SF) of common open space. The applicant has provided approximately 20,000 square feet of common open space in the form of seven separate open space lawn/plaza areas. This exceeds the minimum requirement by 18,000 square feet. Required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas. Required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi -private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development ,/ Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. Other required landscaping, and sensitive area buffers without common access links, such 'r as pedestrian trails, shall not be included toward the required recreation and common space requirement. All buildings and developments with over thirty thousand (30,004) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian - N/A oriented space according to the following formula: 1% of the lot area + 1% of the building area = Minimum amount of pedestrian -oriented space The location of public open space shall be considered in relation to building orientation, sun and light exposure, and local micro -climatic conditions. Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. ✓ Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. The private open space shall be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). Compliant if Staff Comment: Each residential unit appears to have private open space. However, the condition of private open space does not appear to meet the minimum requirement of 15 feet in every approval is dimension. As such, staff recommends a condition of approval that the applicant provide met revised site plan demonstrating compliance with the private open space standard of at least 15 feet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever HEX Report City of Renton department of Commu—.. & Economic Development earing Examiner Recommendation WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 41 of 45 31. The proposal requires Preliminary Plat Review. The following table contains project elements intended to comply with Subdivision regulations, as outlined in RMC 4-7. Table G. Preliminary Plat Review Criteria: CONFORMANCE WITH THE COMPREHENSIVE PLAN: Staff Comment: See discussion in Table C: PUD Decision Criteria. COMPLIANCE WITH THE UNDERLYING ZONING DESIGNATION: Staff Comment. See discussion in Table D: Underlying Zoning Standards. DESIGN STANDARDS: Stott Comment: See discussion in Table E: Design District 'D' Standards. CRITICAL AREAS: HEX Report comes first. If this condition of approval is met the proposal would satisfy this standard. NIA For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5)_ installation and Maintenance of Common Open Space: _ All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners' association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners' association accordingly. Compliant if Such bill, if unpaid, shall become a lien against each individual property Condition of Stoff Comment: Prior to the issuance of any occupancy permit the developer shall furnish a Approval security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping Complied shall be planted within one year of the date of final approval of the planned urban With development and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning Division. if this condition of approval is met the proposal would satisfy this standard_ Installation and Maintenance of Common Facilities: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Administrator, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such common facilities that are intended N/A to `serve only future phases of a planned urban development. Any common facilities that are intended to serve both the present and future phases of a planned urban development shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a planned urban development. All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners' association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners' association accordingly. Such bill, if unpaid, shall become a lien against each individual property. Staff Comment: Based on the proposed application the only area to be dedicated to the City is the required right-of-way and the drainage detention pond. As such all other facilities shall be permanently maintained by the property owner. 31. The proposal requires Preliminary Plat Review. The following table contains project elements intended to comply with Subdivision regulations, as outlined in RMC 4-7. Table G. Preliminary Plat Review Criteria: CONFORMANCE WITH THE COMPREHENSIVE PLAN: Staff Comment: See discussion in Table C: PUD Decision Criteria. COMPLIANCE WITH THE UNDERLYING ZONING DESIGNATION: Staff Comment. See discussion in Table D: Underlying Zoning Standards. DESIGN STANDARDS: Stott Comment: See discussion in Table E: Design District 'D' Standards. CRITICAL AREAS: HEX Report City of Renton Department of Corr—unity & Economic Development WHITMAN COURT PUD Report of May 20, 2014 Hearing Examiner Recommendation LUA14-000295, PPUD, ECF, PP Page 42 of 45 Staff Comment: See discussion in Table C. PUD Decision Criteria. COMMUNITY ASSETS: The proposal is consistent with the following community asset requirements if all condition of approval are complied with: Tree Retention: RMC 4-4-130 states thirty percent of the trees shall be retained in a residential development. Staff Comment: There are a total of 16 trees located on site of which no trees are proposed to be retained outside of the critical area and its buffer (Exhibit 3). The applicant is required to retain S percent of the trees located on site that are not located within critical areas, proposed rights-of-way and access easements. Of the 16 trees located on site none of the ✓ trees would be excluded from the tree retention requirements. Therefore, the applicant would be required to retain at least 1 tree on site. When the required number of protected trees cannot be retained, new trees, with a two-inch caliper or greater, shall be planted. The replacement rate shall be 12 -caliper Inches of new trees to replace each protected tree removed. Therefore a total of 12 -capper Inches would be required to be replaced on site. The applicant is proposing a more than 50, 2 caliper inch replacement trees, for a total of 100 - caliper inches, in order to meet the tree retention/replacement requirement. COMPLIANCE WITH SUBDIVISION REGULATIONS: RMC 4-7 Provides review criteria for the subdivisions. The proposal is consistent with the following subdivision regulations if all conditions of approval are complied with: ✓ Access: Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. N/A Blocks: Blocks shall be deep enough to allow two tiers of lots. Modified as Streets: The proposed street system shall extend and create connections between existing part of the- streets per the Street Standards outlined- irr RMC 4-6-060 Street Standards, PUD Staff Comment: See discussion in Table C. PUD Decision Criteria - Circulation Relationship to Existing Uses: The proposed project is compatible with existing surrounding uses. Staff Comment. The properties surrounding the subject site include both commercial uses ✓ (along the NE 4t" St corridor) in the CA zone and detached single family residences within the City's R-10 zoning classification. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage mixed use development. AVAILABILITY AND IMPACT ON PUBLC SERVICES: Staff Comment: See discussion in Table C. PUD Decision Criteria. 1. RECOMMENDATION: Staff recommends approval of the Preliminary PUD and Preliminary Plat for the Whitman Court PUD, File No. LUA14-000295, PPUD, PP as depicted in Exhibit 2, subject to the following conditions: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated April 21, 2014. 2. A final wetland mitigation plan including baseline information for the Ribera Balko Wetland and Stream Buffer Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. Additionally, in order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Finally, the applicant would be required to maintain/install any split HEX Report City of Renton Department of Commu - `Y & Economic Development earing Examiner Recommendation _WHITMAN COURT PUD LUA14-000295, PPUD, ECF, PP Report of May 20, 2014 Page 43 of 45 rail fencing and signage required per RMC 4-3-050 prior to the recording of the Final Plat/Final PUD approval whichever comes first_ 3. The applicant shall submit a screening/fencing detail plan. The screening/fencing detail plan shall be submitted to and approved by the Current Planning Project Manager prior to PUD/Final Plat approval whichever comes first. 4. The applicant shall provide interpretative signage/information at the trail entrance along NE 4 I St and at proposed lookouts along the trail. The site plan depicting the signage shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit/Final Plat approval whichever comes first. 5. An easement shall be recorded memorializing the public access to the wetland trail prior to Final PUD/Final Plat Recording whichever comes first. 6. The applicant shall provide a final detailed landscape plan for review and approval by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. 7. The applicant shall amend the landscape plan to reflect plants with a maturity height of 6 -feet and 100% obscurity for the entire length of the modified 5 -foot wide visual barrier along the eastern portion of the southern property line. The. revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 8. The applicant shall revise the elevation so that garage doors provide additional details and all sides of the building facing the public street and/or internal "street" provide a front door or front porch presence, if this is not achievable an approved landscape screen would be required between the sidewalk and the building. The revised elevations shall be submitted to and approved by the .Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. 9. The applicant shall be required to dedicate 1 -foot behind the sidewalk for maintenance in addition to right-of-way dedication for existing luminaire foundations along NE 4th St. The revised site plan shall be submitted to, and approved by the Current Planning Project Manager, prior to construction permit/Final PUD approval whichever comes first. 10. A revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first, depicting the following: North of Road `A', the required planter strip adjacent to the bank site would be 8 -feet, the sidewalk would be 5 feet, the existing 32 -foot paved public road portion would remain to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required; South of Road 'A', would be required to remain a private road. The private road would have minimum 26 -feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5 -feet and a 5 -foot sidewalk. The paved width of this portion of the road would be finalized after a turning movement diagram to allow the turning of large trucks serving the post office is provided by the applicant; Signage must be provided by the developer at the transition from the public to the private road. 11. The centerline of Road `A' shall align with the centerline of the main post office driveway across Whitman Court NE. A revised site plan depicting the alignment shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 12. The applicant shall be required to redesign the roads in order to provide a minimum of 20 -foot wide paved drive lane, separate from any required sidewalks. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. HEX Report City of Renton Department of Com nity & Economic Development Hearing Examiner Recommendation WHITMAN COURT PUD LUA14-000195, PPUD, ECF, PP Report of May 20, 2014 Page 44 of 45 13. The applicant shall equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. 14. The intersection of Road 'B' with Whitman Court NE must either align opposite the post office driveway or have a minimum separation of 20 feet. A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 15. The project's bylaws or CC & R's shall restrict parking across the pedestrian pathways throughout the development. A copy of the bylaws shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 15. The applicant shall be required to demonstrate safe walking conditions for students from the subject plat to the Hazen High School prior to construction permit/Final PUD approval whichever comes first. This may include a dedicated shoulder, curb, or some other alternative as determined by the Current Planning Division. 17. The applicant shall provide a detailed plan set identifying the location and screening provided for roof mounted equipment for the proposed bank. The detailed plan set shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval for the bank. 18. A revised site/landscape plan shall be submitted depicting intervening landscaping at no more than 7 stall intervals in order to reduce the visual impact of surface parking throughout the development. The revised site/landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 19. The applicant shall submit a revised site plan depicting bicycle parking in conformance with RMC4-4- 080F.11. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. 20. The applicant shall be required to submit a lot coverage analysis compliant with RMC 4-2-120A. The lot coverage anaylsis shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD approval. 21. The applicant shall be required to demonstrate how refuse and recyclables would be picked up and where it would be located on pick-up day to the satisfaction of the Current Planning Project Manager prior to Final PUD approval. 22. The applicant shall be required to revise the landscaping plan to enhance the landscaping/screening along NE 4th St, primarily directly in front of the drive-thru bays. The revised landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD/construction permit approval whichever comes first. 23. The applicant shall be required to submit revised elevations which include the refuse and recyclable enclosure made of masonry, ornamental metal or wood, or some combination of the three, and a roof. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 24. The refuse and recycling facilities shall be screened with landscaping on a minimum of three sides. The revised landscape plan shall be submitted to approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 25. The applicant shall be required to reduce the number of residential curb cuts along the internal road system to the satisfaction of the Current Planning Division. A revised site plan shall be submitted to HEX Report City of Renton Department of Cammu ; ' & Economic Development nearing Examiner Recommendation WHITMAN COURT PUD _ _ LUA14-000295, PPUD, ,ECF, PP Report of May 20, 2014 Page 45 of 45 and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 26. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 27. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the ground floor of all residential units and the northern and western facades of the commercial building. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to Final PUD or building permit approval whichever comes first. 28. The applicant shall submit revised elevations depicting the use of the same materials finished on all sides of the building as well as additional changes in materials and color for the residential structures. The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit/Final PUD approval whichever comes first. The applicant may also want to consider the use of the brick, integrally colored concrete masonry, or a similar high quality material, to ground the residential buildings for a height appropriate to the scale of the structure. 29. The applicant shall is recommended to submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, cast - in -place concrete, or other high quality material. 30. The applicant shall be required to provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicufiar movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On -Site. 31. The applicant shall be required to submit revised elevations depicting additional ornamental lighting fixtures. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 32. The applicant shall provide revised site pian demonstrating compliance with the private open space standard of at least 15 -feet in every dimension. The revised site pian shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. 33. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of 2 years thereafter prior to the release of the security device. A security device for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a 2 year period. A copy of such contract shall be kept on file with the Planning Division. EXPIRATION PERIODS: Preliminary Plat/Preliminary Planned Urban Development Approval expires five (5) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. 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City of Rentor Addresses Parcels NM Erosion Environment Designations ® Natural Shoreline High Intensity n Shoreline Isolated High Intensity EXHIBIT 4 Information Technology - GIS This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may of may not be RentonMapSupport@Rentonwa,gov accurate, current, or otherwise reliable_ 411712014 THIS MAP IS NOT TO BE USED FOR NAVIGATION Entire Document Available Upon Request .,;a .a c :rz {•>57:y 1r6.-ate£W`�,,.t 71 r, rJ�' 4 � s� ;<tiy � i' r .+' . t �Jr I �;�. f T � y �• � ' � ..C' -. ,. SCGlFCk1 MJC iL. FMO YNCROWQXXT&l %OMJUl TFMFF EXHIBIT 5 Wottand Delineation Ribera Halko Short Fiat Renton, Washington Seplerrtber 7. 2006 a t, yy e4v.rLs� i • i -•. "•. A l CE_IVE ! T"-'. MAR 0 7 20,i4: ": ._ I" 6iti•� F'f-Fii'li`vi�'G Lr•tiIi''',nr '- - . Submitted To, Mr. Tori Foster Fourth Avenue Associates, LLC 6450 Southcenter Blvd-, Suile 106 Seattle, Washington 98188 Ely: 3 Shannon & Wilson, Inc - 400 N 34"' Street, Suite 100 Seattle, Washington 98103 ' 21-1-12193-001 J Entire Document Available Upon Request Former Ribera Balko Short -plat Property Final Wetland and Stream Buffer Mitigation Plan Renton, Washington �, T� arch 27, 2007 }'1, orr� fan 8jQV .5k Dal o GEOTECNNICAL ANG CNVIFONNENTAL cONSULzANT3 EXHIBIT 6 Submitted To: Mr. Torn Foster Fourth Avenue Associates, LLC 6450 Southcenter Btvd., Suite 106 Seattle. Washington 98188 By Shannon 8, Wilson, Inc. 400 rt 34'" Street, Sprite 100 Seattle. Washington 98103 21-1-12193-004 tf' Entire Document Available Upon Request Former Ribera Balko Short -plat Property Final Wetland and Stream Buffer Mitigation Plan Renton, Washington �, T� arch 27, 2007 }'1, orr� fan 8jQV .5k Dal o GEOTECNNICAL ANG CNVIFONNENTAL cONSULzANT3 EXHIBIT 6 Submitted To: Mr. Torn Foster Fourth Avenue Associates, LLC 6450 Southcenter Btvd., Suite 106 Seattle. Washington 98188 By Shannon 8, Wilson, Inc. 400 rt 34'" Street, Sprite 100 Seattle. Washington 98103 21-1-12193-004 Entire Document Available Upon Request associated E.arrh Sciences, Inc. F� 'J L 1 W Serving the Pacfftc Xorthvrest Since 1981 December 16, 2013 Project No. KE130602A Lozier Development, LLC 1300 114' Avenue SE, Suite 1.00 Bellevue, Washington 98004 Attention: Mr. Paul G. Ebensteiner Subject: Subsurface Exploration, Geologic Hazards, and Preliminary Geotechnical Engineering Report Whitman Court Townhomes 351 Whitman Court NE h, A. P, 0 4 Renton, Washington i-.. PL,ri a ,v°,o Dear Mr. Ebensteiner: We are pleased to present these copies of our preliminary report for the referenced project. This report summarizes the results of our subsurface exploration, "geologic hazards, and geotechnical engineering studies, and offers preliminary recommendations for the design and development of the proposed. project. Our report is preliminary since project plans were under development at the time this report was written. We should be allowed to review the recommendations presented in this report and modify them, if needed, once final project plans have been formulated. We have enjoyed working with you on this study and are confident that the recommendations presented in this report will aid in the successful completion of your project. If you should have any questions, or if we can be of additional help to you, please do not hesitate to call. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland,. Washington Bruce L, Blyton, Senior Principal 13LWPc KE130602A2 Projeccs1201306021KE1 W P EXHIBIT 7 Kirkland N Everett X Tacoma 425-827-7701 425-259-0522 253-72.2-2992 www.aesgeo.com Entire Document Available Upon Request EXHIBIT 8 Whitman Court Preliminary Technical Information Report February 18, 2014 Prepared for Lozier at Whitman Court, LLC 1300114 1h Ave SE, Suite 100 Bellevue, WA 98004 Submitted by ESM Consulting Engineers. LLC 33400 8" Avenue'S, Suite 205 Federal Way, WA 98003 253.838.6113 tel 253.838.7104 fax www.esmcivil.com Entire Document Available Upon Request WHITMAN TOWNHOMES AND BANK PUD TRAFFIC IMPACT ANALYSIS CITY OF RENTON Prepared for Paul G. Ebensteiner Lozier Development, LLC 1300 114' Ave S.E., Suite 100 Bellevue, WA 98004 Prepared by TVA F -FIC � Ts 11410 NE 124'h St., #590 Kirkland, Washington 98034 Telephone: 425.522.4118 Fax: 425.522.4311 November 25, 2013 EXHIBIT 9 Entire Document Rocale Timmons k-=ailable Upon Request From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Monday, April 14, 2014 11:52 AM To: Rocale Timmons Cc: Paul Ebensteiner (PAULE@loziergroup.com); Evan Mann (evan.mann@esmcivil.com); john@altoliver.com; Simone@altoliver_com Subject: RE: Whitman Court, PUD, City of Renton LUA14-000295 Follow Up Flag: Follow up Flag Status: Flagged Rocale, Thanks for this follow-up to our conversation last week. We want to see the mitigation plan(s) fully implemented for this project and request copies of all monitoring reports generated for this project. We appreciate the current applicants' willingness to plant the stream and wetland buffers even though it may not be their direct responsibility. If using the existing surety enables the stream and wetland buffer mitigation plan to be implemented, then it makes sense to use this. funding for this purpose. We're flexible with how the City may best determine the funding for this purpose and agree that a plan that demarks the previous mitigation for the proposed mitigation makes a lot of sense and would facilitate review. Please keep us in the loop as these details progress.. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program, . 39015 '172nd Ave SE Auburn, WA 98092 253-876-3116 From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Monday, April 14, 2014 10:33 AM To: Karen Walter; john@altoliver.com; Simone@altoliver.com Cc: Paul Ebensteiner (PAULE@loziergroup.com); Evan Mann (evan.mann@esmcivil.com) Subject: RE: Whitman Court, PUD, City of Renton LUA14-000295 Hello Karen, Per our conversation on Friday of last week I have attached documentation related to the Ribera Balko Mitigation project. The former owners/developers of the subject property no longer own the property. The impacts caused by the development of the Short Plat were intended to be mitigated by an approved and installed mitigation plan prepared by Shannon Wilson (attached). However since that the time of installation the property defaulted to the bank. We received the monitoring reports quarterly for the first year but we have not received a monitoring report since 2010. From what we understand the mitigation project has been compromised. The Whitman Court PUD applicant is not proposing any new impacts to the critical area at this time with the exception of the soft trail (which is allowed by the City code). They are actually proposing to go in and enhance the critical area in order to remedy some of the failures of the last mitigation effort even though it is not their responsibility. With all that being said the City does have a surety ($82,000) that we can pull in order to complete the original mitigation project. We are considering the employment of the surety in combinatio- kArhitm;in Court enhancement plan to ensure successful completion of the mitigation of ii sort Plat. 1 EXHIBIT 10 Z w 7d Es 'IONVUB NOiN]b on Its" uu 11 3433 NO.LDNIHS'VM am Z w 15 on Its" uu 11 i 1 am 1 [ I'L'l— IF: PAO Z 0 Z 0 w Ll L W all Nit rig t , DEPARTMENT OF COMMUNITY u Ci%' 0f AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) PROJECT NUMBER: LUA14-000295 APPLICANT: Lozier at Whitman Court, LLC PROJECT NAME: Whitman Court PUD PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the, Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vest the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development would gain access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with_enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. PROJECT LOCATION: NE 4th & Whitman Ct NE LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on May 9, 2014. Appeals must be filed in writing together with the required fee with: Nearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (42 5) 430-6510. PUBLICATION DATE: April 25, 2014 DATE OF DECISION: April 21, 2014 SIGNATURES: EXHIBIT 12 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Gregg Zimmerman, Administrator Public Works Department Terry Higashiyama, Administrator Community Services Department of itF� c j Zl l�( Mark Petersonj Administrator Date Fire & Emergency Services y_7 �-) ��l 11 ---� C.E. "Chip' Vincent, Administrator Date Department of Community & Economic Development Date Date DEPARTMENT OF COMN.,,NITY D cryo AND ECONOMIC DEVELOPMENT DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA14-000295 APPLICANT: Lozier at Whitman Court, LLC PROJECT NAME: Whitman Court PUD PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vests the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. PROJECT LOCATION: 4425 NE 4th St. and 351 Whitman Ct. NE LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated December 16, 2013. 2. The applicant shall be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 a.m. to 3:30 p.m., Monday through Friday unless otherwise approved by the Development Services Division. 2. A tree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. Water 1. The conceptual water utility plan has been submitted. The proposed water plan along with changes to meet City standards will be required during utility construction permit review stage. Extension of the existing 8 -inch water main in Whitman Ct NE (see plan no. W-3111) from the end of the existing line to the south end to form a loop around the proposed Road C and Road D. Installation of 8 -inch minimum diameter water mains within Road A and Road B. Installation of 4 -inch water main in Tract B. 2, Installation of fire hydrants as required by the Fire Department, 3. Installation of backflow prevention assemblies for the fire sprinkler system. 4. Installation of separate landscape irrigation meter and double check valve assembly, as needed. 5. The development is subject to applicable water system development charges (SDC) fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current SDC fee for a 1" domestic water meter is $2,809.00. The SDC fee is paid prior to issuance of the construction permit. 6. Civil glans for the water main improvements will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. A conceptual sewer plan has been submitted. Sewer main extension is proposed to serve the development. For the proposed development with individual lots, individual side sewers to each lot is required. 2. System development charge (SDC) fee for sewer is based on the size of the new domestic water meter. The current SDC fee for a 1" wastewater is $2,033.00_ The SDC fee is paid prior to issuance of the construction permit. 3. Special Assessment District (East Renton Interceptor) fees is applicable and the current rate is $316.80 per single family unit. Surface water 1. Easement through the private road for stormwater pond access is required. 2. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 3. The system development charge (SDC) fee for surface water is $1,228.00 for single family houses, and $0.481 per square feet of new impervious surface (with a minimum of $1,228.00) for other land uses. 4. Storm report is acceptable for preliminary review. It will be reviewed in full detail at the time the project is submitted for a construction permit. Transportation/Street 1. Street lighting is required on public street frontages 2_ All public streets and private roads must have 0.5 feet wide vertical curb. 3. Pavement thickness must follow city of Renton standards. 4. Pedestrian connectivity must be provided with no missing portions. 5. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. Fire ERC Mitigation Measures and Advisory Notes Page 2 of 4 1. Fire impact fees are currently applicable at the rate of $418.42 per multi -family unit. Rate will increase to $448.85 per unit on January 1, 2015. This fee is paid at time of building permit issuance. Impact fees for the bank building are $0.14 per square foot of area. 2. The preliminary fire flow is 2,500 gpm, assuming all buildings are equipped with fire sprinkler systems. A minimum of one hydrant is required within 150 -feet of each structure and two additional hydrants are required within 300 -feet of each structure. Existing hydrants may be considered for some of these requirements as long as they meet location and distance requirements. All existing hydrants do have Storz fittings. Maximum available fire flow in this area is only 2,500 gpm. 3. Fire department apparatus access roadways are required within 150 -feet of all points on all buildings. Fire lane signage required for the on-site roadways. Required turning radius is 25 -feet inside and 45 -feet outside. Roadways shall be a minimum of 20 -feet wide. Roadways shall support a minimum of a 30 -tan vehicle and 322 -psi point loading. Dead end roadways over 300 -feet long require a 90 -foot cul-de-sac type turnaround. Proposed loop road will be an acceptable alternative to a cul-de-sac. Proposed 14 -foot wide roadways (A, B, C and D) are not acceptable and shall be redesigned to provide a minimum of 20 -foot wide roadways, separate from any required sidewalks. 4. All residential townhomes shall be equipped with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Separate plans and permits required by the fire department for all fire sprinkler systems. Residential buildings may be sprinklered per NFPA standard number 13D. 5. An electronic site plan is required prior to occupancy for pre -fire planning purposes. Property Services; 1. Note the City of Renton land use action number and land record number, LUA14-000295 and LND-10-0512, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. 2. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. 3. Provide sufficient information or reference showing how the plat boundary was established. 4. Include a statement of equipment and procedures used, per WAC32-130-104. 5. Note the date the existing city monuments were visited and what was found, per WAG 332-130-150- 6. Provide lot closure calculations. 7. Indicate what has been, or is to be, set at the corners of the proposed lots. 8. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 9. The lot addresses will be provided by the city after final plat submittal. Note said addresses and the street name on the plat drawing_ . 10. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. 11. Do note encroachments. 12. Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. 13. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. 14. Do not include any references to use, density or zoning on the final submittal. 15. Do not show building setback lines for the proposed lots. Setbacks are determined at the time that building permits are issued. 16. Note the research resources on the plat submittal 17. Note all easements, covenants and agreements of record on the plat drawing. 18_ The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. 19. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. 20. Do not make references to density and zoning information on the final plat drawing. 21. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. ERC Mitigation Measures and Advisory Notes Page 3 of 4 22. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. 23. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the 5tormwater Utility to see if they will require that the City be the owner of proposed Tract 'A' for Storm Drainage if not and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of "Tract A" (the detention/wet vault area) applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) for a storm detention facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. 24. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract serving the plat or reference to a separate recording instrument detailing the same. Similar language is required for the other proposed Tracts. 2S. Please discuss with the 5tormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. 26. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process include a current title report noting the vested property owner. General Comments 1. Separate permits and fees for side sewer connection and storm connection will be required. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. ERC Mitigation Measures and Advisory Notes Page 4 of 4 On the 20th day of March, 2014,1 deposited in the mails of the United States, a sealed envelope containing Acceptance and Notice of application documents. This information was sent to: Agencies See Attached See attached 300' surrounding property owners Eric LaBrie Contact SB 16 Ribera Balco LLC Owner Paul Ebensteiner Applicant (Signature of Sender): STATE OF WASHINGTON SS COUNTY OF KING certify that I know or have satisfactory evidence that Lisa M. McElrea = . signed this instrument and acknowledged it to be his/her/their free and voluntaryact fot=the ses n jurp B g mentioned in the instrument. %y N� [y r ti Dated: Ct . Not6 Public in and for the State of Washington Notary (Print): My appointment expires: ofect : a, e Whitman Court PUD ,� LUA14-000295 template - affidavit of service by mailing Cite c` ,_�I NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON - SIG NIHICANCE-MITIGATED (DNS -M) A Marten Appll[atlon has been Flied and accepted with the Ci,,im nr of Community &Economic0e 11pm fCEDI- Pi.,r g D ivl sl opo i Chy of Renton Thelaliowrng bdeNy 111cribea the 1ppl1,1011 and the mcess.ry Public Approvais, DATE OF NOTICE OF APPLICATION: March 25. 2014 LAND VSE Numai R: LUA14-000Z95, ECF, PP, PPUD PROJECT NAME; Whitman Court PUD PROJECT DESCRIPTION: The appPranl Is requesting a Pniiminary Planned Urban Development Preliminary Plat, and Envuonmenral (SEPAj Review For the canstructkm of a muitl-thmlly development containing 40 o tat [1 lowlnhomes and a I,657 square Fool [ommertlal bank on the 41st fol. The vacant 5.12 acne site 'n lora ted within the CammerdalArterial IcA} arming classification and the Enmmerclal Corridor (CC) land use designation. An approved short plat It UA02-1291 oast the proposal to the CA zoning classification, and NE 4th Sl Business District sandands, Af 2D01 allowing For riaiderlW andcommercial uses to be bcateq In dlirerrnt structures and spghtN differend development -standards. The deaelnpni wei Ise campnsed of 8 separate nodi-temly residential s{nactures resuhing in a density of S1A du/ac and ane com herclal bWIding. The s.bii she is loafed 0n the southwest comer of the Innrsenhn or NE 4th St and Whitman Ct NE. The C".i Ulai lot would be accessed from NE 4th St with mai ning resldeii d... inpment would gain access flnm the cabling portion, and proposed a Hersh of Whitman Ct NE. There u a Categpry 2 wetland looted an the western p.M.r, of the site. The PPUO would be used to vary slrcet. setback, parking, and refuse ;I rMcle standard. The applicant has pmposed n pre rue the wetland onsite and provide buffer enhancement as par[ of the proposed PUO public benefit along whh enhanced pedeslrlan and vehicular [Ireuletion, pedestrian am a rattles, and Undaaping. Studies Include a st.,mwili repori traffic study. weliand delineation and enhancement plan, and a geotechnicaE repos. The proposed de fibibmens would resuit In I pproximate Fy, 1,DD0 cubic yards of cut and 6,500 cubic yards of NI. PROJECT LOCATION: NE 4th and Whitman Ct NE OPTIONAL OFTERMINATION OF NON.SIGNIOCANCE, MM"7ED (ONS�M): As the Lead Agency. the Clty of III has determined that slgnillcant emvimmnenlal impacts are unit in result from the propused project Therefore, as permittedunder the i43.21C.110, the ❑ty of Remora Is using the Opliobl DNS -M process to give rwlk. that a DNS - Is likely to be Issued. Comment periods for the project and the proposed 0N5 -M are integrated Inn a single comment period. I -I will be no comment period ti the Issuance o1 Che Threshold 0elerminatlom of Nan-SigniFrunce- Midgated JONS-Mf. A 14 -day appeal period all follow the issuance of the DN5-M. PERMIT APPLICATION PATE: March 7. 7014 NOTICE OF COMPLETE APPUCATIO14: March 25, 2014 ApPUCANT/PROJECT CONTACT PERSON: Eric List/ESM Corsi Englneeri LLC/334DO III Ave S. rederai Way, WA 98003/EMC: erlc.labrie�esmclvtl.wm permits/Review Requested: Enelinnmental(SEPA)Review, Pmllminery Plat Plan Ravlew, P,dim;narr Planned Urban Development Ravlew Other Permits whlch may be required: Cemtru.10 Building, Requesued sturles: Drainage R.pIi G.otechnical Report, Landscape Ame3ysia, Wetlands Aasassmend N you would like 10 be made a party of second to recel.e further Irfr i on an this pr000sed pro)en, complete this form and r,tvm to: Gry of Remo,, CED- Planning 0rcision, 1055 So. Grady Way, Renton, WA 96057. Hamm, le No.. Whitman Cevr1 PUDAVA14-00G195, ECF, PP, PPUO NAML, Ni ADDRESS TELEPHONE NO.: - city/st,te/zlp. Lneatlan where appil0t on may be re+lee ed: Oe---roma al Communl y 8 Ewwmic 0e eigpmenr I pDl -Plsanln4 6e., piCity Ha 11.1055 south Grady Way, R.,.N AA S Pi HEARING: Lu',allr hearing 4lenlatively sch'pledltrs NlaY •ii._2.014 before the Renton NH ii k[Iimnr c In Rcmlpn Cuundl Cirint sal:Q. aM on the 7th Aboral` Renton City Hall 1ppted at 1055 Soulh Grady Wa, CONSISTENCY OVERVIEW; 2om1ng/Land Use: The subject sle is designated Commercial Corrldor(CC) 9�n(CA) Cry pf Renton Comprehensi•e Lord Use Map and Commercial Arterial (CA) or, the atY 3 Zomng Map. Envlr rni hl Documents that Evaluate the Proposed Project: Envlronmemlal(SEPAI Checkllst Dee.iopri Reguladoas Used For Protect Mlticii The prajer[ will be subject to the City's SEPA ordinance RMC 4-2.1204, RMC 4- 9-250 and other epi 4cahle codes and regulation as a ppropriate, Prepoa,d Mldiii Measures; The III .. Ing Mitigation Measures will likely be Imposed on the proposed project These recommended Mitigation Mesons address p,0i impacts rat covered by erhtmg odes and reguianons as had above. • compliance with recommendorlons wlthln the Geotechnicar ori - Comments an the above appllot4on muse be submitted in xHOng to Rocale nmmons, senior Planner, gyp -Planning p WI,I,n, 1055 South Grady Way. Renton, WA 981 by 5:00 PM on April 9, 2014. This matter Is ales bemaHvety scheduied fora pu3bc hearing on May 15, 2014, at 2"0 ANS, Council chambers, Seventh Floor, Renton Clty Nall, 1055 South Grady Way. Renton. If you are Interested in attei the hearirsg, please concoct the Pianning Division to ensure that the hearing has not been rescheduled at (425:430-657>i It comments Cann Or be si.It d In ya Hling by the date Indicated abovr, you may still appear at the hearing and present your comments on the proposal before the N .rti Examiner. IF you have questism about this proposi or wish to tM made a party of record and r addi[iona] Information by -11, please contact the project manager. Anyone whc submrlts written comments will eumni,tically I- a parry of record and wip be notified o[any derision on this alibi CONTACT PERSON: Roale Timmons, Senior planner, Tel:[425)430-7219; 11 itimmons@rentonwa.gov PLEASE INCLUDE THE PROSECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATFON t}edF"xJ ] -'�g1�TON.AHBAI)OF7H6CL1fkVE r 1 I 1 CERTIFICATION hereby certify that j -- copies of the above document were p ted in places or nearby the described property on Date: (`A Signed: STATE OF WASHINGTON j ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that 1 . c, Ls�= m signed this instrument and acknowledged it to be his/her/thee free and voluntary act for the uses and purposes mentioned in the instrument. Dateebl f Notary Pub] . «• � Notary (Print) My appointment expires OF VW4 and for the State of Washington W a alo i w ��w>o.~� GncA 1HnOO "N11HM CL m ss� a5® 011 `IHnOJ NVYNI 1H H31Z01Li I 3 - uj In W 0 Cc YI I IL F 0 f-�=N6 •iN �k �� SSea:.$a�I�'��.xSR�xio a a z i UqY iFswo d m z V[ :I m A.n!! d R71�S S.eQR5�7S 74SXnn��EF� � �xw ❑amaa J-1 a W N 3 - uj In W 0 Cc YI I IL F 0 01 g i S ° _`. non $$ till ii }� y f-�=N6 •iN �k �� SSea:.$a�I�'��.xSR�xio a a z i UqY d m z V[ :I m A.n!! F O R71�S S.eQR5�7S 74SXnn��EF� � ❑amaa w �aa?�a�$eoxs&A$s�o=`aa a W 01 g i S ° _`. non $$ till ii }� y f-�=N6 •iN �k �� a a z i UqY a z i UqY d m z V[ } i co ❑amaa a W N City of Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/CODE INTERPRETATION MUNICIPAL CODE SECTIONS: RMC 4-9-150B Planned Urban Development Regulations (PUD), Applicability. REFERENCE: RMC 4-9-150A states that the purpose of the Planned Urban Development Regulations is to "encourage innovation and creativity in the development of residential, business, manufacturing, or mixed used development by permitting a variety in the type, design, and arrangement of structures and improvements." SUBJECT: Modification of Urban Design Regulations (RMC 4-3-100) through the Planned Urban Development Regulations. BACKGROUND: The purpose of the Planned Urban Development Regulations is to provide a process where the City may review applirations, which do not comply with the City's development standards, but will be "superior to traditional development under standard regulations" (RMC 4-9-150A). Currently these regulations allow projects to modify any standards in RMC 4-2, 4-4, 4-6-060 and 4-7. The single family design standards are located in 4-2 and may be modified, however the Urban Design Regulations located in 4-3-100 are not identified as a code section that is available for modification. This omission is an oversight. In order to encourage creativity, modifications to the Urban Design Regulations in 4- 3-100 should also be permitted as part of the Planned Urban Development Regulations. There is also a conflict between subsections "a." and "b." of RMC 4-9- 1506.2. Subsection "a." states that "all modifications shall be considered simultaneously as part of the planned urban development", whereas "b." states "approval for modification other than those specifically described in subsection B2a of this Section shall be approved prior to submittal of a preliminary planned urban development plan." In subsection "a." the approvals are granted simultaneously as part of the planned urban development, whereas in subsection "b." the approvals are granted prior to the submittal of a preliminary planned urban development plan, which doesn't allow for meaningful public involvement. JUSTIFICATION: To allow for the consistent implementation of the Planned Urban Development Regulations with respect to design standard modifications and to afford applicants greater flexibility resulting in superior design of H:\CED\Planning\Title IV\Docket\Ai EXHIBIT 15 iterpretation.docx projects, modifications to the Urban Design Regulations should be permitted through the PUD process. In addition, to ensure meaningful public involvement is provided consistently for all preliminary planned urban development plans, all modifications should be approved simultaneously as part of the PUD process. DECISION: Revise the Applicability of RMC 4-9-15062 to include RMC 4-3-100 Urban Design Regulations as a section of code that is available for modification through the PUD process and clarify that all modifications should be approved simultaneously through the PUD process. ADMINISTRATOR APPROVAL: C. E. "Chip" Vincent DATE: April 15, 2014 APPEAL PROCESS: To appeal this determination, a written appeal --accompanied by the required filing fee --must be filed with the City's Hearing Examiner (1055 South Grady Way, Renton, WA 98057, 425-430-6515) no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8-110 of the Renton Municipal Code provides further informatipn on the appeal process. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: B. APPLICABILITY: Any applicant seeking to permit development which is not limited by the strict application of the City's zoning, parking, street, and subdivision regulations in a comprehensive manner shall be subject to this Section. Any amendment to existing planned urban developments shall be subject to this Chapter. 1. Zones: Planned urban developments may be permitted in all zoning districts, when processed and approved as provided in this Section. (Ord. 5571, 11-15-2010) 2. Code Provisions That May Be Modified: a. In approving a planned urban development, the City may modify any of the standards of chapter 44=2 RMC, RMC 4-3-100, chapter 4-4 RMC, RMC 4-6-060 and CI -49 Page 2 of 3 chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. b. An applicant may request additional modifications from the requirements of this Title, except those listed in subsection B3 of this Section. AppFeval All modifications shall be considered simultaneously as part of the planned urban development. CI -49 Page 3 of 3 CE Profecf Location lFtap city ar Renton IREPORT & Department of Planning /Building /public Works DECISION ADMINISTRA TI SIE SNORT PLAT REPORT & DECISION A. SUMMARYAND PURPOSE QFREQUEST- DECISION DATE: December 5, 2002 Project Name Ribera-8alko Short Plat Applicant Tim O'Kane Insignia adder Mathews 411 108` Avenue t Suite 201 Bellevue, WA 93004 Owner ------------ Ribera-Balko Enterprises T 16400 Southcenter Parkway Suite 304 Tukwila, WA 98! 88 File Number LUA-02-129, SHPL-A Pro,�eeFAga17. ;76t Jason E. Jordan Project Description The applicant is Proposing a two -lot subdivision of a 5.97 -acre site designated with Center Suburban (CS) zoning. Lot 1 is proposod at 58,446 square feet and Lot 2 is proposed to be 201,867 square feel in size. The Property is currently vacant and no building construc!ion is planned as part of this shier, plat, The subject site also contains a 42,846 square foot Category 3 wetland located adjacent to the western property boundary. The applicant has requested to fill approxirnalely 8,136 square feel of wetland area along the northeastern wetland boundary and replace i1 with 8,136 square feet of wetland area along the western portion of the wetland_ The applicaol is also proposing to enhance 8,136 square feet of oxlsling welland area localed along the eastern boundary of the wetland code requirements. per 4225 NE 4�h Street Profecf Location lFtap COMMUNITY & City of ECONOMIC DEVELOPMENT D �'�ly DATE: TO: FROM: SUB! ECT: M E M O R A N D U M May 19, 2014 Vanessa Dolbee, Current Planning Manager Steve Lee, Development Engineering Manager Neil Watts, Development Services Director Traffic Concurrency Test for The Whitman court PUD The proposed Whitman Court PUD consists of 40 townhomes and a bank, with a calculated daily trip generation of an additional 510 trips. The project passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.13 as follows. Traffic Concurrency Test Criteria Pass? Implementation of citywide Transportation Plan? Yes Within .allowed growth levels? Yes . Project subject to transportation mitigation or impact fees? Yes Site specific street improvements to be completed by project? Yes Traffic Concurrency Test Passes Evaluation of Test Criteria Implementation of citywide Transportation Plan?: As shown on the attached citywide traffic concurrency summary, the city's investment in completion of the forecast traffic improvements are at 130% of the scheduled expenditure through 2013. Within allowed growth levels?: As shown on the attached citywide traffic concurrency summary, the calculated citywide trip capacity for concurrency with the city adopted model for 2014 is 96,998 trips, which provides sufficient capacity to accommodate the 510 additional trips from this project. Project subject to transportation mitigation or -impact fees?: The project will be subject to transportation impact fees at time of building permit. Site specific street improvements to be completed by project?: The project will be required to complete all internal and frontage street improvements for the plat prior to recording_ Any additional off-site improvements identified through SEPA or land use approval will also be completed prior to recording of the plat. Background Information an Traffic Concurrency Test for Renton The City of Renton Traffic Concurrency requirements for proposed development projects are covered under Renton Municipal Code (RMC) 4-6-070. The specific concurrency test requirement is covered in RMC 4-6-070.1), which is listed for reference: EXHIBIT 17 Transportation Concurrency Test—V an Court PUD May 16, 2014 D. CONCURRENCY REVIEW PROCESS: 1. Test Required: A concurrency test shall be conducted by the Department for each nonexempt development activity. The concurrency test shall determine consistency with the adopted Citywide Level of Service Index and Concurrency Management System established in the Transportation Element of the Renton Comprehensive Plan, according to rules and procedures established by the Department. The Department shall issue an initial concurrency test result describing the outcome of the concurrency test. 2. Written Finding Required: Prior to approval of any nonexempt development activity permit application, a written finding of concurrency shall be made by the City as part of the development permit approval. The finding of concurrency shall be made by the decision maker with the authority to approve the accompanying development permits required for a development activity. A written finding of concurrency shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit_ 3. Failure of Test: If no reconsideration is requested, or if upon reconsideration a project fails the concurrency test, the project application shall be denied by the decision maker with the authority to approve the accompanying development activity permit application_ The Concurrency Management System established in the Transportation Element on page XI -65 of the Comprehensive Plan states the following: Based upon the test of the citywide Transportation Plan, consideration of growth levels included in the LOS -tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation, development will have met City of Renton concurrency requirements. 2 Chridh NE sunSef.�/� ;Iun Is.s�quatt k 071 r h4i:aal t t�sl♦ �� } r = ,��- i � , tt.• 6�� � - 4 b• ' • _ _ -_ , _ .. � 'ail. �'S_ r }Oliva: r.1�H©ze z�HighSch�o�`I n ; it E C;' H J�A'M d S�. �K3v:anisPaa- rk , I-{lylli3fld5i�3rh st on I;� _ ��Ierr,entary School ,�� r �.,• 3 _ , Renton. ,!'cnnicel Ae E�Eon,, i,•� . H6E lth Genter. us Stopes r - 1 !r�f r- _ . -Jim Tiondrix 4_..-•� MLmoriel .` �f eriti -ark t� j 'r P �4 A r y FA- . _1 i C, IQ DEPARTMENT OF COA JNITY City of 9 /` AND ECONOMIC DEVELOPMENT ❑�. ,❑ ;,'' ADMINISTRATIVE MODIFICATION Z APPROVAL [-] DENIAL PROJECT NAME: PROJECT NUMBER: PROJECT MANAGER: APPLICANT: ZONING CLASSIFICATION: PROJECT LOCATION: SUMMARY OF REQUEST: EVALUATION FORM & DECISION Whitman Court PUD - Private Open Space Modification LUA14-000295 Rocale Timmons, Senior Planner Paul Ebensteiner Lozier at Whitman Court LLC 1300 114th Ave SE, Suite 100 Bellevue, WA 98004 Commercial Arterial (CA) 4425 NE 4th St and 351 Whitman Court NE Pursuant to RMC 4-9-250D the applicant is requesting an Administrative Modifications from RMC 4-9-150E.2 which requires each ground floor unit of a Planned Urban Development (PUD), whether attached or detached, have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension. BACKGROUND: The applicant requested Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. The development would be comprised of 10 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St and the remaining residential development would gain access from the existing portion and proposed extension of Whitman Ct NE. There is a Category 2 wetland and Maplewood Creek located on the western portion of the site. The PPUD would be used to vary lot, landscaping street, setback, parking, design, and refuse and recycle standards. The applicant proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. On June 11, 2014 the City's Nearing Examiner issued an approval of the Whitman Court PUD subject to 40 conditions of approval. Specifically related to private open space Condition #30 states: City of Renton Deportment of Comn and Economic Development Administrative N ation Request Report & Decision WHITMAN COURT PUD LUA.14-000296, MOD Report of July 2, 2014 Page 2 of 4 30. The applicant shall provide revised site plan demonstrating compliance with the private open space standard of at. least 15 feet in every dimension. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to Final PUD/building permit approval whichever comes first. This condition may be modified as necessary by staff to conform to any administrative waiver to the 15 foot standard granted pursuant to City code. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. The private open space is required to be demarcated at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). Each residential unit of the Whitman Court PUD appears to have private open space. However, the private open space does not appear to meet the minimum requirement of 15 -feet in every dimension. The applicant is proposing a minimum of 75 square feet of private open space for each lot with no less than 7.5 feet in every dimension. An administrative modification, from the City's PUD private open space standards, is needed in order to modify the dimensional requirements outlined in the code. ANALYSIS OF REQUEST: Section 4-4-150D.4 allows the Administrator to grant modifications from the PUD Development Standards for individual cases, provided the modification meets the following criteria (pursuant to RMC 4-9-250.D.2): Criteria Criteria Met a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment, and Staff Comment: To ensure that areas for both passive and active recreation are available to residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations there are requirements in the code for private and common open space. The proposed development is designed specifically to increase the access and opportunity for open space. The multiple open spaces throughout the site are well designed and provide a variety of recreational opportunities both passive and X active. Both active and passive recreation areas are significantly beyond the standard code requirements for which its benefits would extend beyond the proposed development to the public. The Critical Areas Tract (Tract A) represents 35% of the gross land area of the site which would continue to be set aside for the preservation of critical areas and be used for passive/visual recreation. Additionally, the proposal includes seven recreation tracts totaling approximately 20,000 square feet. The proposed 20,000 square feet far exceeds the minimum code requirement of 50 square feet per unit (50 SF x 40 units = 2,000 SF). The trail proposed within Tract A would also provide approximately 4,800 square feet of passive recreation space for bird viewing City of Renton Department of Comm and Economic Development Administrative M otion Request Report & Decision WHITMAN COURT PUD LUA14-000295, MOD Report of July 2, 2014 Page 3 of 4 and walking. Each unit is also proposed to have private open scape in the form of back/front yards in the amount of 75 square feet with minimum dimensions of 7.5 feet. Therefore the proposal, would meet the objectives intended by the Code requirements. b. Will not be injurious to other property(ies) in the vicinity; and Staff Comment: The proposed recreation space, both common and private, would provide adequate functional and usable space to accommodate the x residents of the Whitman Court PUD. It is not anticipated that the approval of a modification to permit reduce the dimensional requirements for private opens space would be injurious to other properties in the vicinity. c. Conform to the intent and purpose of the Code; and x Staff Comment: See discussion under criterion "a" d. Can be shown to be justified and required for the use and situation intended; and Staff Comment: The applicant contends a reduction in the private open space dimensional requirements is considered reasonable in that the communal x recreation and common opens space areas proposed are integral aspects of the development which would encourage pedestrians and residents to recreate. Staff concurs, the request is justified for the Planned Urban Development. e. Will not create adverse impacts to other property(ies) in the vicinity; and X Staff Comment: See discussion under criterion "a" and "b". DECISION The proposal satisfies 5 of the 5 criteria listed in RMC 4-9-250D.2 if all conditions of approval are complied with. Therefore, the Whitman Court PUD — Private Open Space modification, Project Number LUA14-000295, MOD is approved. VA .' Jennifer Henning, Planning Director ZZ zo/ Date City of Renton Department of Comrr and Economic Development Administrative h otioo Request Report & Decision WHITMAN COURT PUD LUA14-000295, MOD Report of July 2, 2014 Page 4 of 4 The decision to approve the modification(s) will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on July 16, 2014. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7t" Floor, (425) 430-6510. if you have any further questions regarding this decision, feel free to contact the project manager, Rocale Timmons, at 425.430.7219 or rtimmons@rentonwa.gov. 'J L ti• "'F r :� '] y 'J L G "" J Vi L �.:+ -_ ✓' [� v L L' J . % 7 cC a � = :) � � G C ^' � r '� � F t P J •moi L i — .'� f E � N � � `+ '� C x ry C .� — c� '3 G. 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O - W o ni C�. v) CA Q, 0i O _ c ^y ¢ U A 1U t D U cy City of on Department of Community & Economic I ipment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET SUMMARY OF PROPOSAL: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet Y1, C. CODE -RELATED COMMENTS r� ���� � , {�_ `• � �:��"� i `�-iLIU `� Cr%LL; � ��� � ��cf L L �i•'"�-C � / _7 L• C. . C.i,�' ul-b' ,. 41 i i=[ l[ �trj. cwt LAS _C' C ��� � �c�'� S ° � �- � �-,� �• �. � � i � �� �� a art `t`�t- � E�., 2_ �S 1 � � Lv , c(:� We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact nr nrvns where additional information K-beeded to nrooerly assess this vronosal. Signature of Director e�-Auttforized epresentative Date 0 REVIEWING DEPARTMENT: COMMUNITY SERVICES COMMENTS Dt1:-;PRIL 2, 2014 G - APPLICATION NO: LUA14-000295 DATE CIRCULATED: MARCH 19, 2014 5 APPLICANT: Paul Ebensteiner PROJECT MANAGER: Rocale Timmons - 1 i PROJECT TITLE: Whitman Court PPUD PROJECT REVIEWER: Rohini Nair SITE AREA: 23,3073 square feet EXISTING BLDG AREA (gross): 0 square feet4 LOCATION: NE 4th and Whitman Ct NE PROPOSED BLDG AREA (gross) 25,801 square feet SUMMARY OF PROPOSAL: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet Y1, C. CODE -RELATED COMMENTS r� ���� � , {�_ `• � �:��"� i `�-iLIU `� Cr%LL; � ��� � ��cf L L �i•'"�-C � / _7 L• C. . C.i,�' ul-b' ,. 41 i i=[ l[ �trj. cwt LAS _C' C ��� � �c�'� S ° � �- � �-,� �• �. � � i � �� �� a art `t`�t- � E�., 2_ �S 1 � � Lv , c(:� We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact nr nrvns where additional information K-beeded to nrooerly assess this vronosal. Signature of Director e�-Auttforized epresentative Date JOINT DEVELOPMENT AGREEMENT Washington Federal & Lozier at Whitman Court, LLC This JOINT DEVELOPMENT AGREEMENT (this "Agreement") dated as of the t(,s day of September, 2013 is made by and between Washington Federal, a national association ("WF") and Lozier at Whitman Court, LLC ("Whitman") (together the "Developers"). RECITALS WF is acquiring that certain property commonly known as Lot 1 of Ribera - Balko Short Plat, as more particularly described on Exhibit A hereto ( "Lot 1 "). Whitman is acquiring that certain property commonly known as Lot 2 and Tract A of Ribera - Balko Short Plat, as more particularly described on Exhibit B hereto ("Lot 2"). Lot i and Lot 2 shall be collectively referred to as the "Property." WF wishes to develop Lot 1 for retail use. Whitman wishes to develop Lot 2 for residential use. In order to comply with the underlying CA Zoning of the Property, the City of Denton Planning Department requires the processing of the Property as one PUD and Preliminary Plat application aliowing for separate retail and residential uses. Whitman's ability to develop Lot 2 into a fee simple, residential community is contingent upon such approval with the corresponding approval of Lot 1 as a retail/commercial development by WF. WF and Whitman desire to cooperate, participate, and share in development costs regarding certain aspects of development of the Property for the mutual benefit of one another. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Developers agree as follows; 1. Pu� rpose - The purpose of this Agreement is to outline the areas where the Developers agree to jointly develop and share in development costs for the Property. 2. Joint Development Aetivides (a) "Joint Development Activities" as used herein shall relate to the following activities: The joint preparation, application and approval of a PUD and Preliminary Plat to develop the Property consistent with retail use on Lot 1 and residential use on Lot 2 and construction of common infrastructurc requirements required by the PUD and Preliminary Plat far use by and/or benefitting both Lot 1 and Lot 2. Final conditions of the PUD and Preliminary Plat may further dictate improvements to or changes of existing shared components of infrastructure which would be part of the Joint Development Activities. 121 1-1 Joirit Dcvdotlment Agrrawnt 09.23.13 dratl ii. The Developers shall have an equal andundivided interest as tenants in common in the ownership and responsibility for maintenance of common infrastructure constructed per the recorded final PUD/Plat for use by and benefitting both Lot 1 and Lot 2. The recorded final PUD/Plat and/or recorded deeds/covenants shalt reflect such tenants in common interest and maintenance responsibility which conditions shall run with the land and be binding upon and inure to the benefit of Lot 1, Lot 2, and the Developers, their heirs, successors, and assigns. iii. Costs of shared development related to common conditions, requirements and improvements resulting from the PUD/PreIiminary Plat approval shall be considered Joint Development Activities. (b) The costs of developing (lot specific) WF retail development and Whitman residential development not specifically included in the above common costs shall not be considered Joint Development Activities, 3. Development Costs (a) "Development Costs" as used herein shall mean (but not limited to) The costs of (i) joint PUD/Prcliminary Plat plalu>ing, design, engineering, consulting reports, fees and attorneys' fees as may be specifically required for the "Joint Development Activities", and which are typical development activities and (ii) construction of infrastructure requirements required by the PUD and Preliminary Plat for common use by and/or benefitting both Lot I and Lot 2. (b) Funding; of Development Costs i. Contributions. The Developers shall open one bank account for payment of Development Costs. Not later than three days before the need for payment of Development Costs, each Developer shall deposit its proportionate share of said payment. ii. Proportional Share. Unless specifically and mutually agreed to by the Developers in writing, all Development Costs shall be split 50°/o/50%. iii. Failure to Contribute, If any Developer fails to make its contribution toward Development Costs, then the other Developer, if it has contributed all of its share may, at its option, and upon written notice to the non-contributing Developer, advance the non-contributing Developer's required payment and treat such amount as a loan from the contributing Developer to the non-contributing Developer (a "Default Loan"). The Default Loan shall bear interest at twelve percent (12%) per annum. The principal balance of the Default Loan and accrued interest thereon shall be paid in full on demand. On any default of the Default Loan, the non-contributing Developer shall then be treated as in default of this Agreement, 4. Division ofResponsibilit (a) Processin>?. i. "Processing°' shall consist of management of the specific preparation of documents and general negotiation with the City/County required to process the PUD. Processing shall be managed by Whitman. Whitman 121 t-1 Joint Dcrclopmcnt Agrccnxnt UIJ.23.13 draft shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers. ii. Good Faith Actions. Whitman shall use reasonable skill and judgment in managing the processing of the Joint Development Activities but shall have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (b) Site Development. Site Development shall consist of (a) supervision and implementation of the engineering and development of Joint Development Activities, (b) identification, preparation and recommendation to Developers for their approval contract documents and selected subcontractors required to implement the site development of Joint Development Activities; (c) mariagcment of site work conducted by subcontractors and utilities; and (d) approval of invoices for payment and input to the preparation of draw requests. Whitman shall be designated as the authorized agent for the project for purposes of signing applications, developer extension agreements and other documents necessary to accomplish the intent of this Agreement. Site Development shall be managed by Whitman. Whitman shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers. iii. Good Faith Actions, Whitman shall use reasonable skill and judgment in managing the Site Development of the Joint Development Activities but shall have no liability to WF for actions or inactions grade in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (c) AccountrnQ. i. Accounting shall consist of (a) maintenance of the accounting records for the Joint Development Activities; (b) preparation and submittal of draw requests, (c) payment of approved invoices in a timely manner; and (d) conducting any other accounting and business functions including periodic reports to the Developers required for the successful execution of this Agreement. Accounting shall be managed by Whitman. Whitman shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers, ii. Good Faith Actions. Whitman shall use reasonable skill and judgment in managing the Accounting of the Joint Development Activities but shall have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (d) Compensation, Neither of the Developers performing the management functions specified in this Section 4 shall be entitled to receive any 1211.1 J6in1 Devclopmeal Agrecmcal 0 .23.13 draft compensation or reitnbursement exccpt as specifically stated in this Agreement except for those required as pail of the Joint Development Activities. 5, Administration, (a) S_cmpe of Ai__, ___, �thority. Except as expressly provided herein, nothing contained in this Agreement shall constitute a grant of authority to any Developer to act for or on behalf of the other Developer or the Property, as agent or in any other capacity except as specified herein except as provided in 4(b)(ii) above_ (b) Bank Accounts. All funds related to the Joint Development Activities shall be deposited in a separate bank account. All drafts, checks, bills and cash which may froth time to time be received by, for, or on account of the Joint DeveJoprnent Activities shall be deposited immediately in such account in the sante form in which they are received, Withdrawals from such account for the payment of any routine, authorized indebtedriess or the issuance of any checks on such account shall require the signature of a Whitman officer, Both Developers must authorize any costs exceeding $25,000. 6. Assam, No party may assign, convey, or transfer its interest in this Agreement by any means whatsoever without the prior written consent of the other party. For purposes of this Section, a) sale or transfer of a majority interest in any corporate party shall be deemed a "transfer" requiring the consent of the other party, and b) any transfer must be to a person with sufficient financial capability and development expertise or consent may reasonably be withheld. Right of First Refusal. Tire right of first refusal granted by this Agreement requires that any party ]herein shall give the other party written rtotice of its intent to sell its respective property, as well as requires either party to give the other party written notice of any bona Ede offer on either its respective property that the party is willing to accept. In the event any party notifies the other party that it received a bona fide offer, then the other party shall thereupon have sixty ($0) calendar days after receipt of any such written notice to match the purchase price and the tenus offered by any bona fide offer. In the event that any party notifies the other party of its intent to sell ("selling party"), then the other party shall thereupon have sixty (60) calendar- days ailer receipt of any such written notice to enter into a written agreement with the selling party for the purchase and sale of its respective property, for a price equal to the thea current fair market value of said property and upon tears mutually acceptable to the parties. Any party shall communicate its intent to exercise its right of first refusal to the other party in writing. If a party fails to timely exercise the right of first refusal, then the other party shall be free to accept or reject the bona ride offer, or advertise and list its respective property for sale at a price not less than the price or terns offered to the other party In the event that a party waives its right of first refusal with regard to a particular bona fide offer and the other party does not accept the bona fide offer, then the waiving party shall retain the right of first refusal regarding any future offer that the other party may receive its respective property pursuant to the terns set forth herein. 8, Default. 121 1-t Jc6il Developnuit Agrcemcat 04.23.13 6Aft (a) Events of Default. A Developer to this Agreement shall be in default (a "Defaulting Developer") hereunder upon the occul-f•ence of any of the following events: i. If the Developer makes an assignment for the benefit of a creditor or applies for the appointment of a trustee, liquidator or receiver of any pall of its assets or commences any proceedings relating to itself under any federal or state law relating to bankruptcy, insolvency, reorganization or similar laws; ii. if the Developer has a proceedhig conuncnced against it or relating to it or relating to appointment of a trustee, liquidator or receiver or pursuant to any proceedings under any federal or state law relating to bankruptcy, insolvency, reorganization or similar law which proceeding is not dismissed within ninety (90) days after filing such proceeding; iii. If a Developer allows its interest in the Property or in any portion of the Property to become subject to any attachment, levy, execution or other judicial seizure, and such action is not dismissed or bonded within ninety (90) days; iv. If a Developer breaches the terms of a Default Loan as provided in Section 3, or if no Default Loan is advanced, if a Developer fads to make a payment under Section 3 within fifteen (15) days after notice by the non -defaulting Developer that such sums are due; or Y. if the Developer breaches or fails to perform any other provision of this Agreement and such breach or failure is not cured within thirty (30) days after written notice. (b) Remedies. i. Remedies of the Non -Defaulting Developer. Upon any Developer becoming a Defaulting Developer, the Non -defaulting Developer may pursue any remedy at law or in equity against the Defaulting Developer. ii. Defaul#iug_17eyeloner's Loss of Managpnent Participa#ion, A Defaulting Developer shall not be entitled to participate in the management of the Joint Development Activities. iii. Additional Remedy of the Non -Defaulting Developer. In addition to the ril7ht of the Non -Defaulting Developer to pursue any remedy at law or in equity against the Defaulting Developer, the NOn-I)Cfaliltiniz Developer may, in its sole discretion, purchase the Defaulting Developer'ser's property of its current fair market value. Disputes regarding the fair market value shall be resolved by arbitration as detailed herein. 9. General ,Provisions. (a) Notices. Any notice required or permitted under this Agreement shall be personally delivered to the party to whom it is directed, sent via facsimile to such party with a return receipt fax, or if mailed by certified mail return receipt requested, addressed to the party's address set forth below the party's name on the signature page hereof, (b) Goveming Law, This Agreement shall be governed by the internal laws of the State of Washington, 121 1-1 1nin1 Dcvclopmcnt AUccntcnt 09 23.13 draft (c) Agreement Binding Upon Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the Developers and the Property, A memorandum of recording may be recorded against the Property reflecting that the Property is subject to the terms and conditions of this Agreement. (d) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Remedies Cumulativ . No remedy herein conferred upon or reserve to any Developer is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder, now, or hereafter existing at law, in equity or by statute. (f) Severabil�. If any tern or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each terns and provision of this Agreement shall be valid and enforceable as written to the fullest extent pcmiitted by law. (g} Modification; Entire Agreernent, This Agreement shall not be changed, modified or amended in any way except in writing signed by both Developers. This agreement sets forth the entire agreement and understanding between the Developers as to the subject matter treated herein and merges and supersedes all prior or contemporaneous discussions, agreements and understandings of every kind and nature between them with respeot thereto. (h) Waivers. The failure of any Developer of any time to enforce any of the tenns, provisions or conditions of this Agreement shall not be construed as a waiver of the same or of the right of such Developer to enforce the same. (i) Documents. The Developers agree properly and promptly to execute and deliver any and all additional documents that may be necessary to render this Agreement legally and practically effective, This paragraph shall not require the execution of any document that expands, alters or in any way changes the terms of this Agreement, (j) Attorneys' Fees and Costs. The prevailing party to this Agreement in any proceeding brought to enforce any term of tlus Agreement shall be entitled to reintibursement of their attorneys' fees and costs. (k) Mediation. In the event that a dispute between the parties to this Agreement over the terns of this Agreement is not resolved within 10 days, the parties agree to first mediate the dispute. The parties shall jointly retain the services of a mediator through Judicial Dispute Resolution Washington or a similar service that is agreeable to the parties and in good faith attempt to resolve the dispute through mediation for a period of not less than four (4) hours. The parties shall contribute equally tv the costs and fees of the mediator and shall 1211-1 Joi3tl Devdopment Agreement 09,23.13 deft be responsible for payntertt of their own attorneys' fees, if any. In the event mediation fails to resolve the dispute to the satisfaction of both parties, the parties shall then arbitrate the dispute as provided herein. (1) Arbitration. Any conlroversy or dispute arising out of or relating to this Agreement or the interpretation thereof shall be settled by arbitration through Judicial Dispute Resolutim Washington or a similar service that is agreeable to both parties. The dispute shall be submitted to a single arbitrator who shall have had at least tete (1.0) years' experience in the real estate busincsa. Judgment may be entered on any award tendered by the arbitrator in any federal or state court having jurisdiction over the site in which the project is located. (m) KclationshiA of the Parties. Notwithstanding any other- provision of this Agreement, or any agreements, contracts, or obligations which may derive here from, nothing herein shall be construed to make the Developers partners or joint ve3itures, or to render either party liable for any of the debts or obligations of the other party, it being the intention of this Agreement merely to cooperate in the development of the Property. (n) Full Understanding- Independent Le al Counsel. The parties to this Agreement each acknowledge, represent and agree that they have read this Agreement and the attached exhibits; that they fully understand the terms thereof; that they have had full opportunity to obtain advise from legal counsel, accountants and any other advisors with respect to the terms of this Agreement. (o) Equal Opportunity to Participate in Drafting. The ,parties to this Agreement have had an equal opportunity to participate in the drafting of this agreement. No ambiguity shall be construed against any party to this Agreement based upon a claim that that party drafted language at issue. Executed by the undersigned Developers effective as of the date first above written. Lozier at Whitman Court, LLC By— GarySan r , anager Address: 1300 —1141° Avenue SE Suite 100 ,Bellevue, WA 95004 Phone: 425-454-8690 Fax: 425-646-8695 1211-1 Joist Dcvelopmeal Agr(-wwnt 09.23.13 draa Washington Federal, a National Association By Inti Its - Address: 425 Pike Street Seattle, WA 98101 1211-1 Joint Development Agretment 09.23.13 draft Lisa Marie*McElrea From: Rocale Timmons Sent: Tuesday, April 08, 2014 5:13 PM To; Lisa Marie McElrea Cc: Bob MacOnie Subject: FW: Whitman Ct PPUD Attachments: SKM BT_C55214040816510.pdf Hey Lisa, Can you print the attachment out and place in the Yellow File (LUA14-000295). Thank you LISA1l Rocale Timmons From: Paul Ebensteiner [mailto:PAULE lozier rou .com] Sent: Tuesday, April 08, 2014 4:56 PM To: Rocale Timmons Cc: evan.mann@esmcivil.com; Brett Conway Subject: RE: Whitman Ct PPUD Per your request. From: Rocale Timmons (ma Itc:RTimmons Rentonwa. ov Sent: Tuesday, April 08, 2014 8:14 AM To: Paul Ebensteiner Cc: Evan Mann (evan.man n(&esmciviLcom) Subject: FW: Whitman Ct PPUD Paul to you have a Development Agreement signed by WAFED? Rocale Timmons From: Bob MacOnie Sent: Tuesday, April 08, 2014 8:11 AM To: Rocale Timmons Subject: Whitman Ct PPUD Rocale, As we discussed Washington Federal is not a signatory on the Joint Development Agreement attached to the application. As an owner of one of the parcels at issue we need either the signature or other authorization which the Agreement purports to grant. I will continue my review of the application. M Mapping Coordinator CED/Planning - 6th Floor 1055 S Grady Way 1 Renton, WA 98057 425.43(7.-7369 brtmacon ie@rentonwa.go� -vivissfacityDC.� NOTIC CIF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCEOFA DETERMINATION OFNON-SIGNIFICANCE- MITIGATED {DN5-M) POSTED Ta NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROIECf NAME: Whitman Court PUD PROSECT NUMBER: LUA11000i99 LOCATION: NEea A W human Lt NE DESCRIPTIO NI The applicant IS raq—Ting a Pmllminary Punned Urban Devel.pmenU Rrellminary Plat, and Emlm,manlel ISEPA)Review for the c... :rumen e! a multi-ra rV d ... lopm ,containing 40 Faro let Ilne lownhoma and a 2,651 square loot commemlai bank on the 41at lel. The vacant 5.12 acre site I. boated wl thin the Commercial Medal (CA) ronin, dass111.1I., and the CommercGl Cerrlder ICC) land u "I 01R r. An RPAreved short plat (LI vests the by—al t0 the U arming J-11,91— and NE eth St ...loess District standards, of 2002 alloxing for resldenll.l and —m—NI .,as to be I—ted in dlMerent st-1— and sbghhy diff—rt deveiepmem rtandards. The develipm— would be comprised of a separate it 14amfN r,r,ch—lal --t In a denslry of 11.6 dufac 2nd Ode cnmmasial Wldfng. The sublet[ site hleut.d on the wctMre,t corner W the Int.ne P11— of NE 41h Seats WhXs— Ce NE. The commercial I,t weld be ae[—I I— NE 4th St will, remaining resld-U.1 dwelopmeM ;,mini acus. from the ealrtlng porlhn, and prop, Fad. «ac tenrlen, aF WN -1 CI NE- Then Is a Category 1 wetland Eed on the western 9-1- el rhe .lie. The PPUD would be used to vary street, seth,ck, parking, and rehlse and re"cle nao6sr45. Th, .ppll—L has proposed to preserve the wetland ommltle WHer Ne and pr.nhancem.M .s part of irk. ".0—d FUD whflc bene Rt along with enhanced pedesldar. and vehicular dreulatlon, pedestrian amenlLhI and landscap'dG Studies III e.ata rmwaeer"Pon. traHk st.dy,.relland dellnertten -d enhansemenr plan. and a leoterhnlo! r,Pon. The prepmed development —Id re..It in appr",,r,Iy 1, g00 wbic yards ,1 cut and 1.506 cub" Yards cf EII. THECITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE IEACI HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A 510NIFICANT ADVERSE IMPACT ON THE EN VIRDNM ENT, Appeals of [he environ m4 hlai detemrI,.tlon mdsl be flied In writing On.rbef.re 5:40 p.m. en May 9, 2014, Together with the required Fee with: Hearing Evm4ner, City of Renton, 1055 South Grady Way, Renton, WA 90057. Appeals to the Examiner are governed by City Of RMC 4,8 10 and Information regarding the appeal process may be obtained from the Renton Clty Clerk's Office, (423)14,3D-5510 A PUBLIC HEARING WILL .E HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETENG :N THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON MAY 10, 2014 AT 1100 AM TO CONSIDER THE PRELIMINARY PUD AND PRELIMINARY PLAT_ 1F THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. riL,tEgclid2[ II!@��I AYI`11Y FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT j425j 430-7200. DO NOT REMOVE THIS NOTICE W17HOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. CERTIFICATION hereby certify that -:� copies of the above document were posted in conspicuous places or nearby the described property on PRI Date: ZZ5-Signed: z^ STATE OF WASHINGTON } SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Notary (Print): My appointment expires: CITY OF RENTON.. DEPARTMENT OF COMMUNTY'& ECONOMIC DEVELOPMENT"- PLANNING:DIVISIQN AFFIDAVIT OF SERVICE BY MAILING On the 24 day of April, 2014, 1 deposited in the mails of the United States, a sealed envelope containing Determination of Non-Significance-Mitigated(DNS-M) documents. This information was sent to: Name Representing Agencies See attached Paul Ebansteiner, Lozier at Whitman Court Applicant SB 16 Ribera Balco, LLC Owner ESM Consulting Engineers Contact Verity Swearingen Party of Record Jeffrey Thomson Party of Record (Signature of Sender): r STATE OF WASHINGTON •. _;`' 55 COUNTY OF KING ) I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and vo ntary act for the uses nd purposes mentioned in the instrument. Dated: _ C _ 1 2u1,; _aot' f Notary (Print): My appointment expires: Notar P� blic in and for the State of Washington Whitman Court PPUD, PP",F. 8-29_1�� LUA14-000295 WA�� AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Bax 47703 Issaquah, WA 98027 39015 —172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn, Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Sox 48343 PO Box C-3755 201 S, Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers *** Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Tim McHarg Attn: Jack Pace 35030 SE Douglas St. #210 Director of Community Development Acting Community Dev. Director Snoqualmie, WA 98065 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Kathy Johnson, Steve Lancaster, Responsible Official Gary Kriedt 355 110`h Ave NE 6200 Southcenter Blvd, 201 South Jackson Street KSC-TR-0431 Mailstop EST 11W Tukwila, WA 98188 Seattle, WA 98104-3856 Beflevue, WA 98004 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.POV ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: se pace nter(aadnr,wa.eov template - affidavit of service by mailing f Applicant Paul Ebensteiner 1300 114th Ave 5E, 100 Bellevue, WA 98004 (425) 635-3938 paule@loziergroup.com Party of Record Verity Swearingen 4312 NE 2ndCt Renton, WA 98059 (206)384-5388 Whitman Court PUD LUA14-000295 PARTIES OF RECORD Contact ESM Consulting Engineers LLC 33400 8th Ave S Federal Way, WA 98003 (253) 838-6113 eric.labrie@esmcivil.com Party of Record.- i Jeffrey Thomson 272 Vashon PI NE Renton, WA 98059 Owner SB 16 Ribera Balco LLC 190 Queen Anne Ave N, 100 Seattle, WA 98109 Page 1 of 1 City Of000 rw- OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE: - MITIGATED (DNS -M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Whitman Court PUD PROJECT NUMBER: LUA14-000295 LOCATION: NE 4' & Whitman Ct NE DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vests the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetiand located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on May 9, 2014, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-114 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON MAY 20, 2014 AT 11:00 AM TO CONSIDER THE PRELIMINARY PUD AND PRELIMINARY PLAT. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING FOR FURTHER INFORMATION, PLEASE CONTACTTHE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (42S) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. Denis Law Mayor April 24, 2014 Paul Ebensteiner Lozier at Whitman Court LLC 1300114 th Ave SE Suite 100 Bellevue, VILA 98004 City ofT. Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Whitman Court PUD, LUA14-000295 Dear Mr. Ebensteiner: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report, fora list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on May 9. 2014, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City.Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be and all parties notified. Also, a public hearing has been scheduled by the Hearing Examiner in the Council Chambers on the seventh floor of City Hall on May 20, 2014 at 11:00 AM to consider the Preliminary PUD and Preliminary Plat. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff recommendation will be mailed to you prior to the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. Renton City Hall . 1055 South Grady way . Renton, Washington 98057 . rentonwa.gov Paul Ebersteiner Lozier at Whitman Court LLC 1300 114th Ave SE Suite 100 Bellevue, VVA 98004 Page 2 of 2 April 24, 2014 If you have any further questions, please call me at (425) 430-7219. For the Environmental Review Committee, Roc e Timm As ciate Planner Enclosure cc: SB 16 Ribera Balco LLC / Owner(s) ESM Consulting Engineers; Verity Swearingen;Jeffrey Thomson/ Party(les) of Record ERC Determination Ltr DNS LUA14-000295 Denis Law Mayor Community & April 23, 2014 OPP— City of Economic Development Department C.E. "Chi p"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, INA 98504-7703, Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on April 2.,2014: SEPA DETERMINATION: Determination of Non -Significance Mitigated (DNSM) PROJECT NAME: Whitman Court PUD PROJECT NUMBER: LUA14-000295 Appeals of the environmental determination must be filed in writing. on or before 5:00 p.m. on.May 9, 2014, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding.the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the.enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, Ro le Timmons Senior Planner Enclosure cc: King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region. Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural. Resources Program US Army Corp. of Engineers Gretchen Kaehler, office of Archaeology & Historic Preservation Renton City Hall . 1055 South Grady Way Renton, Washington 98057 . rentonwa.gov City of DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT J' ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) PROJECT NUMBER: LUA14-000295 APPLICANT: Lazier at Whitman Court, LLC PROJECT NAME: Whitman Court PUD PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the. Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vest the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development would gain access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. PROJECT LOCATION: NE 4t" & Whitman Ct NE LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on May 9, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: April 25, 2014 DATE OF DECISION: April 21, 2014 SIGNATURES: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Gregg Zimmerman, Administrator Public Works Department Terry Higashiyama, Administrator Community Services Department city Of q ) IY Mark Peterson Administrator Date Fire & Emergency Services Date C.E. "Chip" Vincent, Administrator Date Department of Community & Date Economic Development DEPARTMENT OF COMMUNITY City of AND ECONOMIC DEVELOPMENT DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA14-000295 APPLICANT: Lozier at Whitman Court, LLC PROJECT NAME: Whitman Court PUD PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vests the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. PROJECT LOCATION: 4425 NE 4th St. and 351 Whitman Ct. NE LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated December 16, 2013. 2. The applicant shall be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Plannin,g 1. RMC section 4-4-030.0.2 limits haul hours between 8.30 a.m. to 3:30 p.m., Monday through Friday unless otherwise approved by the Development Services Division. 2. A tree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. Water 1. The conceptual water utility plan has been submitted. The proposed water plan along with changes to meet City standards will be required during utility construction permit review stage. Extension of the existing 8 -inch water main in Whitman Ct NE (see plan no. W-3111) from the end of the existing line to the south end to form a loop around the proposed Road C and Road D. Installation of 8 -inch minimum diameter water mains within Road A and Road 6. Installation of 4 -inch water main in Tract B. 2. Installation of fire hydrants as required by the Fire Department. 3. Installation of backflow prevention assemblies for the fire sprinkler system. 4. Installation of separate landscape irrigation meter and double check valve assembly, as needed. 5. The development is subject to applicable water system development charges (SDC) fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current SDC fee for a 1" domestic water meter is $2,809.00. The SDC fee is paid prior to issuance of the construction permit. 6. Civil plans for the water main improvements will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. A conceptual sewer plan has been submitted. Sewer main extension is proposed to serve the development. For the proposed development with individual lots, individual side sewers to each lot is required. 2. System development charge (SDC) fee for sewer is based on the size of the new domestic water meter. The current SDC fee for a 1" wastewater is $2,033.00. The SDC fee is paid prior to issuance of the construction permit. 3. Special Assessment District (East Renton Interceptor) fees is applicable and the current rate is $316.80 per single family unit. Surface Water 1. Easement through the private road for stormwater pond access is required. 2. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site, 3. The system development charge (SDC) fee for surface water is $1,228.00 for single family houses, and $0.481 per square feet of new impervious surface (with a minimum of $1,228.00) for other land uses. 4. Storm report is acceptable for preliminary review. It will be reviewed in full detail at the time the project is submitted for a construction permit. Transportation/Street 1. Street lighting is required on public street frontages 2. All public streets and private roads must have 0.5 feet wide vertical curb. 3. Pavement thickness must follow city of Renton standards. 4. Pedestrian connectivity must be provided with no missing portions. S. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. Fire ERC Mitigation Measures and Advisory Notes Page 2 of 4 1. Fire impact fees are currently applicable at the rate of $418.42 per multi -family unit. Rate will increase to $448.85 per unit on January 1, 2015. This fee is paid at time of building permit issuance. Impact fees for the bank building are $0.14 per square foot of area. 2. The preliminary fire flow is 2,500 gpm, assuming all buildings are equipped with fire sprinkler systems. A minimum of one hydrant is required within 150 -feet of each structure and two additional hydrants are required within 300 -feet of each structure. Existing hydrants may be considered for some of these requirements as long as they meet location and distance requirements. All existing hydrants do have Storz fittings. Maximum available fire flow in this area is only 2,500 gpm. 3. Fire department apparatus access roadways are required within 150 -feet of all points on all buildings. Fire lane signage required for the on-site roadways. Required turning radius is 25 -feet inside and 45 -feet outside. Roadways shall be a minimum of 20 -feet wide. Roadways shall support a minimum of a 30 -ton vehicle and 322 -psi point loading. Dead end roadways over 300 -feet long require a 90 -foot cul-de-sac type turnaround. Proposed loop road will be an acceptable alternative to a cul-de-sac. Proposed 14 -foot wide roadways (A, B, C and D) are not acceptable and shall be redesigned to provide a minimum of 20 -foot wide roadways, separate from any required sidewalks. 4. All residential townhomes shall be equipped with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Separate plans and permits required by the fire department for all fire sprinkler systems. Residential buildings may be sprinklered per NFPA standard number 13D. 5. An electronic site plan is required prior to occupancy for pre -fire planning purposes. Property Services: 1. Note the City of Renton land use action number and land record number, LUA14-000245 and LND-10-0512, respectively, on the final plat submittal_ The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. 2. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. 3. Provide sufficient information or reference showing how the plat boundary was established. 4. Include a statement of equipment and procedures used, per WAC32-130-100. 5. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. 6. Provide lot closure calculations. 7. Indicate what has been, or is to be, set at the corners of the proposed lots. 8. Note discrepancies between bearings and distances of record and those measured or calculated, if any_ 9. The lot addresses will be provided by the city after final plat submittal. Note said addresses and the street name on the plat drawing. 10. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. 11. Do note encroachments. 12_ Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. 13. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block, 14. Do not include any references to use, density or zoning on the final submittal. 15. Do not show building setback lines for the proposed lots. Setbacks are determined at the time that building permits are issued. 16. Note the research resources on the plat submittal. 17. Note all easements, covenants and agreements of record on the plat drawing. 18. The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director . 19. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. 20. Do not make references to density and zoning information on the final plat drawing. 21. if there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. ERC Mitigation Measures and Advisory Notes Page 3 of 4 22. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. 23. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if they will require that the City be the owner of proposed Tract 'A' for Storm Drainage if not and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of "Tract A" (the detention/wet vault area) applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) for a storm detention facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. 24. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract serving the plat or reference to a separate recording instrument detailing the same. Similar language is required for the other proposed Tracts, 25. Please discuss with the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. 26. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process include a current title report noting the vested property owner. General Comments 1. Separate permits and fees for side sewer connection and storm connection will be required. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans small conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. ERC Mitigation Measures and Advisory Notes Page 4 of 4 Department of Community d-•a�+""""'� p y Cityof , Economic Development NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE AND PUBLIC HEARING RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non -Significance Mitigated (DNS -M) for the foliowing project under the authority of the Renton municipal code. Whitman Court PUD LUA14-000295 Location: 351 Whitman Ct NE. The applicant is requesting a PPUD, Plat, and SEPA for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the CA zone. The commercial lot would be accessed from NE 4th St with the remaining residential development gaining access from Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. Appeals of the DNS -M must be filed in writing on or before 5:00 p.m. on May 09, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, 1055 5 Grady Way, Renton, WA 98057. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, 425-430-6510. A Public Hearing will be held by the Hearing Examiner in the Council Chambers, City Hall, on May 20, 2014 at 11:00 am to consider the submitted application. If the DNS -M is appealed, the appeal will be heard as part of this public hearing. Interested parties are invited to attend the public hearing. Publication Date: April 25, 2014 DEPARTMENT OF COMMUN'--- _.�Ciryof April 21, 2014 Project Name: Whitman Court PUD AND ECONOMIC DEVELOPM.-..T LUA14-000295 ECF, PP, PPUD Project Manager. Rocale Timmons, Senior Planner Owner: ENVIRONMENTAL REVIEW COMMITTEE REPORT FRC MEETING DATE: April 21, 2014 Project Name: Whitman Court PUD Project Number: LUA14-000295 ECF, PP, PPUD Project Manager. Rocale Timmons, Senior Planner Owner: SB 16 Ribera Balco LLC; 190 Queen Ave N, Suite 100; Seattle, WA 98109 Applicant: Paul Ebensteiner, Lozier at Whitman Court LLC; 1300 114'h Ave SE, Suite 100; Bellevue, WA 98004 Contact: Eric La Brie; ESM Consulting Engineers, LLC; 33400 8th Ave S; Federal Way, WA 98003 Project Location; 4425 NE 4 1 St and 351 Whitman Court NE Project Summary: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vests the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. Site Area: 5.12 acres STAFF Staff Recommends that the Environmental Review Committee issue a Determination RECOMMENDATION: of Non -Significance - Mitigated (DNS -M). Project Location Map ERC Report LUA14-000295 City of Renton Department of Community & imic Development rvironmentoi Review Committee Report WHITMAN COURT PUO LUA14-000195 ECF, PP, Report of April 21, 2014 Page 2 of 11 PART ONE: PROJECT DESCRIPTION / BACKGROUND The applicant is requesting a Preliminary Planned Urban Development (PPUD), Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 5.12 acre parcel into 41 lots for the future construction of 40 zero -lot line townhomes and a commercial bank with drive-thru. The applicant is also proposing a total of 13 tracts; for drainage, access, open space, and a Native Growth Protection Easement (NGPE) Tract. The proposal includes 84 residential parking stalls and 15 additional stalls for the proposed bank. The vacant project site is located within the Commercial Arterial (CA) zoning classification and is located on the southwest corner of the intersection of NE 4th St and Whitman Court NE. The subject site forms an "L" shape and is bordered by NE 4th St to the north, and by residential and commercial uses to the east, west, and south. The project site is comprised of three parcels created as part of the Ribera Balko Short Plat (LUA02-129). The subject site was previously developed, as part of the short plat, with a storm water pond at the southwest portion of the site and utility stub outs extending onto the site within Whitman Court NE. Many of the technical reports provided by the applicant are supplements to existing reports provided as part of the Ribera Balko Short Plat. The approved short plat vest the proposal to the CA zoning classification, and NE 4th St Business District standards of 2002, allowing for residential and commercial uses to be located in different structures and slightly different development standards. The proposed residential lots would range in size from 814 square feet in area to 1,797 square feet. The 40 residential units would be located within 10 separate buildings. Proposed amenities include an outdoor recreation area in the northern portion of the site, central courtyard in the southern portion, and soft surface trail within the wetland buffer. The proposed bank would be sited within proposed Lot 41 along the project's NE 4th St frontage. Access would be provided via a series of private roads, alleys and driveways extended from Whitman Court NE. A limited right in/right out access entry along NE 4th St, in the western portion of the site, is also being proposed for the commercial bank site (Lot 41). Maplewood Creek flows south along the western border of the site and exits through the middle of the southern border. Two wetlands have been identified on the site one of which straddles Maplewood Creek along the western portion of the property. A second, isolated, wetland was delineated along the southern portion of the property. As part of the Ribera Balko Short Plat impacts to the wetland and stream buffers were proposed in anticipation of development. A planting plan was approved and subsequently installed in 2008. The applicant is not proposing any additional impacts to the critical areas on site. A soft four -foot trail is proposed through the outer eastern edge of the buffer. The subject site is located in Zone 2 of the Aquifer Protection Area and contains sensitive slopes. There are 16 trees on site of which all would be removed and replaced. The stormwater detention facility, constructed as part of the Ribera Balko Short, exist on the south side of the site with a concrete retaining wall around the south and northeast sides of the pond. ERC Report t UA 14-000295 City of Renton Department of Community & E--^omic Development WHITMAN COURT PUD Report of April 21, 2014 -nviroomental Review Committee Report LUA14-000295 ECF, PP, Page 3 of 11 The applicant is proposing excavation in the amount of approximately 1,800 cubic yards. Approximately 8,500 cubic yards of fill is proposed to be brought onto the site. The applicant is proposing to construct the project in two phases. Phase 1 would include the construction of proposed Lots 1-20 and Lot 41 (the commercial bank site). Phase 2 would include proposed Lots 21-40. Staff received a comment letter from the Muckleshoot Indian Tribe Fisheries Division (Exhibits 10) with questions related to the relationship between the existing Ribera Balko Short Plat mitigation plan (Exhibit 6) and the proposed enhancement plan (Exhibit 3). PARTTWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.210.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS -M with a 14 -day Appeal Period. B. Mitigation Measures 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated December 16, 2013. 2. The applicant shall be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. C. Exhibits Exhibit 1 ERC Report Exhibit 2 Preliminary Plat Plan Exhibit 3 Landscape/Wetland Enhancement Plan Exhibit 4 Aerial Photo Exhibit 5 Wetland Delineation (dated September 7, 2006) Exhibit 6 Final Wetland and Stream Buffer Mitigation Plan (dated March 27, 2007) Exhibit 7 Geotechnical Report (dated December 16, 2013) Exhibit 8 Drainage Report (dated February 18, 2014) Exhibit 9 Traffic Impact Analysis (dated November 25, 2013) Exhibit 10 Public Comment Letter: Muckleshoot Indian Tribe Fisheries Division D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to FRC Report LUA14-000295 City of Renton Department of Community & , mic Development WHITMAN COURT PUD Report of April 21, 2014 viron mental Review Committee Report LUA14-000295 ECF, PP, Page 4 of 11 occur in conjunction with the proposed development. Staff reviewers hove identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The site can best be characterized as flat sloping down from the northeast to the southwest with a total topographic relief of 18 feet. The steepest slope on the site is approximately 5-7% at an isolated location in the southeastern portion of the site. The applicant is proposing excavation in the amount of approximately 1,800 cubic yards. Approximately 8,500 cubic yards of fill is proposed to be brought onto the site. The applicant submitted a Geotechnical Report prepared by Associated Earth Sciences, dated December 16, 2013 (Exhibit 7). The report states that there are no geotechnical conditions on site that would preclude the proposed development. The soils on site were classified as Vashon recessional outwash and Vashon lodgement till. The entire site is underlain by Alderwood gravelly sandy loam. Groundwater seepage was encountered at approximately 10 feet below the ground surface and groundwater seepage is expected to be limited. The geotechnical report includes specific recommendations in order to mitigate potential geotechnical impacts including: site preparation, structural fill, foundations, drainage considerations, hazards including, and project design and monitoring. Therefore, staff recommends as a mitigation measure that the applicant comply with the recommendations included in the provided Geotechnical Engineering Report (Exhibit 7). The applicant is proposing to clear a majority of the site with the exception of the critical areas and their buffers. The proposed grading is expected to increase erosional impacts. The proposal is vested to the 1998 King County Surface Water Design Manual which includes standards for the Temporary Erosion and Sedimentation Control Plan (TESCP). Unlike certain bulk standards that are mainly directed as aesthetic qualities where vesting does not generally invite additional harm, erosion standards address harmful conditions that more current knowledge was intended to address. Therefore staff recommends, as a mitigation measure, the applicant be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. Mitigation Measures: 1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated December 16, 2013. 2. The applicant shall be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the current 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. Nexus: SEPA Environmental Regulations, RMC 4-4-060 Grading, Excavation, and Mining Regulations 2. Water a. Wetland, Streams, Lakes Impacts: The applicant submitted a Wetland Delineation (Exhibit 5), prepared by Shannon Wilson, Inc. (dated September 7, 2006). The report identified two wetlands on site (Wetlands A and B) and stream (Maplewood Creek). Wetland A (30,612 square feet) is a Category 3 wetland located along the western property boundary and is associated with Maplewood Creek. Wetland B (1,738 square ERC Report LUA14-000295 City of Renton Department of Community & L mic Development vironmen tot Review Committee Report WHITMAN COURT PUD LUA14-000295 ECF, PP, Report of April 21, 2014 Page 5 of 11 feet) is also classified as a Category 3 wetland, however due to its small size considered exempt. Maplewood Creek was also delineated on the site and it flows in a southerly direction through the west side of the property and is classified as a Class 4 stream. According to the Wetland Delineation Report, Wetland A was primarily vegetated with a variety of shrubs and trees, including: reed canarygrass, bent grass, hard hack, red osier, dogwood, willow, ninebark, and red alder. Wetland B was vegetated with willow, snowberry, and Himalaya blackberry. The Ribera Balko short plat established Tract A which included all of the critical areas on site. The constructed Ribera Balko Short Plat included approximately 5,912 square feet of unavoidable impacts to the wetland/stream buffer in order to construct the existing stormwater pond. Additionally, the roadside ditch along NE 4th St was enclosed in a conveyance. The applicant submitted a copy of the approved Wetland and Stream Buffer Mitigation Plan, dated March 27, 2007, for the Ribera Balko Short Plat impacts (Exhibit 6). The plan mitigated buffer impacts caused by the existing stormwater pond and mitigated tributary impacts caused by the enclosing of the NE 4th St ditch into a conveyance system. The planting plan was installed in September of 2008. However, since the time of installation the property and the mitigation project was abandoned. The City received monitoring reports quarterly for the first year and have not received a monitoring report since 2010. The City has been unable to determine the success of the installed mitigation project. While the applicant is not proposing any additional impacts they are proposing an enhancement plan (Exhibit 3) to increase the function and value of the critical area system and bring current the deferred maintenance. There is however, a soft 4 -foot wide trail being proposed in the outer buffer allowed per RMC 4-3-050. A comment letter was received by Muckleshoot Indian Tribe Fisheries Division (Exhibit 10) with comments related to the relationship between the existing Ribera Balko Short Plat mitigation plan (Exhibit 6) and the proposed enhancement plan (Exhibit 3). Conditions associated with Preliminary Plat approval will likely include wetland signage and fencing and review and approval of a final wetland mitigation plan which includes baseline information for the Ribera Balko Wetland and Stream Buffer Mitigation Plan in order to address concerns raised by the Muckleshoot Indian Tribe Fisheries Division. In order to preserve and protect the wetland, stream, and associated buffers the applicant will be required, to maintain the Native Growth Protection Easement over that part of the site encompassing the stream/wetland and buffer area. Mitigation Measures: No further mitigation needed Nexus: Not applicable b. Storm Water Impacts: The site is located within the Cedar River drainage basin. The site receives drainage from properties to the north. Currently runoff is collected by a series of catch basins and routed to a detention system/water quality pond, on the southern portion of the site, which is treated and detained prior to discharge downstream. This discharge location is near the southern most property line into Maplewood Creek, Drainage leaves the site and runs approximately 900 feet before tapering down to a smaller swale. Drainage then continues to flow southward for another 300 feet, then spilling into a drainage field, and enters into a 12 -inch storm drain and eventually into a ravine more than % mile from the subject site. ERC Report L UA14-000295 City of Renton Department of Community & t mic Development vironmental Review Committee Report WHITMAN COURT PUD LUA14-000295 ECF, PP, Report of April 21, 2014 Page 6 of 11 The applicant submitted a Preliminary Drainage Report prepared by ESM, dated February 18, 2014 (Exhibit 8). The report also includes the previously approved drainage report. The report states that the runoff from the proposed project would continue to be collected and conveyed by a catch basin/pipe network to the existing detention pond. The proposed facility would also continue to discharge into the onsite stream. The proposal is vested to the 1998 King County Surface Water Design Manual which includes standards for stormwater detention and water quality. Similar to erosion control standards, stormwater detention and water quality standards address harmful conditions that more current knowledge would better govern, However, the 40,754 cubic foot stormwater detention/water quality pond was previously approved and constructed in the southwest portion of the site in anticipation of future development. The applicant has limited impervious surfaces in order to ensure the existing volume of the stormwater pond could accommodate proposed runoff. According to Appendix A of the Drainage Report (Exhibit 8) the pond volume was required to be 38,887 cubic feet. Therefore, the constructed pond is oversized by approximately 4.8%. According to the provided report the pond volume required for the current proposal is less than the previously approved TIR's required volume. The report states that the project should not pose significant negative impacts to the downstream drainage course. The drainage report is acceptable for preliminary review. The report will be reviewed in full detail at the time the project is submitted for construction permit. The applicant will be required to submit a final comparison between the approved drainage facility (constructed for the Ribera Balko short plat) and the proposed development prior to construction permit approval. The applicant should take note that the geotechnical report (Exhibit 7) mentions that much of the site is underlain by fill material not suitable for infiltration. it is also anticipated that perched ground water could be encountered in excavations during construction. The contractor would be required to be prepared to intercept any ground water seepage entering the excavation and route to suitable discharge location. Mitigation Measures: No further mitigation required. Nexus: Not Applicable c. Groundwater Impacts: The subject site is located in Zone 2 of the Aquifer Protection Area. The purpose of the aquifer protection regulations is to protect aquifers used as potable water supply sources by the City from contamination by hazardous materials. RMC 4-3-050 outlines prohibited activities with the Zone 2 of the Aquifer Protection area. The proposed uses are not prohibited and are not anticipated to degrade the groundwater quality. Mitigation Measures: No further mitigation required. Nexus: Not Applicable 3. Transportation Impacts: The development fronts onto NE 4th St, an arterial, which has been recently improved as part of a City capital improvement project. NE 4th St is five lanes wide in the project vicinity with curb, gutter, and sidewalk on both sides of the street. Whitman Court NE is two lanes wide with a sidewalk along a portion of the west side of the street. There is an existing driveway extended from Whitman Court NE to the Post Office site, to the east. The NE 4th St/Whitman Court NE intersection is signalized. The applicant is proposing primary access via Whitman Court NE. A limited right in/right out access entry along NE 4th St, in the western portion of the site, is also ERC Report LUA14-000295 City of Renton Department of Community & L mic Development vironmentol Review Committee Report WHITMAN COURT PUD LUA14-000295 ECF, PP, Report of April 21, 2014 Page 7 of 11 being proposed for the commercial bank site (Lot 41). The proposal includes 84 residential parking stalls and 15 additional stalls for the proposed bank. Most of the townhomes would have ground floor garages. The applicant submitted a Traffic Impact Analysis prepared by TraffEx, dated November 25, 2013 (Exhibit 9). The report states that the proposed development would generate 504 trips average weekday vehicle trips (including 131 passerby trips); 45 weekday peak hour AM trips (including 9 passerby trips); and 85 weekday peak hour PM trips (including 26 passerby trips). The report also analyzed the level of service at the following intersections: NE 4th St/Bank driveway, NE 4th St/Whitman Ct NE, & Whitman Ct NE/ Bank driveway/Post office driveway. The traffic study states that these intersections will continue to operate at an acceptable level of service. Increased traffic created by the development would be mitigated by payment of transportation impact fees. In order to mitigate transportation impacts the applicant would be required to pay the appropriate Transportation Impact Fee. Currently this fee is assessed at $1,403.72 per new multi -family home, $953.25 per new condominium, and $12.98 per new square feet of commercial space. The fee, as determined by the Renton Municipal Code at the time of building permit issuance shall be payable to the City. In most cases internal road networks are not regulated by RMC 4-6-060 — Street Standards as long as Fire Department access requirements are satisfied. However, due to the request to subdivide the property for zero lot line townhomes all internal roads are required to meet street standards outlined in RMC 4-6-060. The applicant is requesting modifications to the street standards for NE 4th St, Whitman Court NE and the internal road network as part of the Preliminary Planned Urban Development. NE 4" St — NE 4th St is five lanes wide in the project vicinity with curb, gutter, and sidewalk on both sides of the street. There is currently no planter strip existing along the NE 4th St street frontage. The applicant is proposing to maintain the existing right-of-way. As part of the PPUD/PP recommendation to the Hearing Examiner staff will be recommending approval of the retention of the existing right of way improvements along NE 4th St. The approval would likely include a condition of approval requiring the applicant to dedicate 1 -foot behind the sidewalk in addition to right-of-way dedication for luminaire foundations along NE 4th St. Whitman Court NE- The applicant is proposing a revised and extended 45 -foot wide limited residential access street. The proposed cross section includes a 5 -foot wide sidewalk, two 10 -foot drive lanes, 6 -foot parking lane, one 8 -foot landscape planter, and another 5 -foot sidewalk. As part of the PPUD/PP recommendation to the Hearing Examiner, staff will be recommending approval of the proposed Whitman Court NE cross section. The approval would likely include the following conditions of approval: 1. North of Road `A', the required planter strip adjacent to the bank site would be 8 -feet, the sidewalk would be 5 feet, the existing 32 -foot paved public road portion would remain to allow the minimum width for the left turn lane at the signal. Right-of-way dedication to the back of the sidewalk would be required. 2. South of Road `A', would be required to remain a private road. The private road would have minimum 26 -feet of asphalt curb face to curb face. The cross section would also include a planter strip of 5 -feet and a 5 -foot sidewalk. The paved width of this portion of the road would be finalized after a turning movement diagram to allow the turning of large trucks serving the post office is provided by the applicant. ERC Report LUA14-000295 City of Renton Department of Community & mie Development vironmental Review Committee Report WHITMAN COURT PUD LUA14-000295 ECF, PP, Report of April 21, 2014 Page s of 11 3. Signage must be provided by the developer at the transition from the public to the private road. Road 'A' — The applicant is proposing a short 35 -foot wide road section that extends west from Whitman Court NE just south of the commercial bank site. This road would serve as the primary access point to the bank site and a connection to proposed Road '13' would serve as one of two access points for proposed Lots 1-20. The road cross section would include a 25 -foot paved drive lane with five foot sidewalks on both sides. As part of the PPUD/PP recommendation to the Hearing Examiner staff will likely be recommending approval of the Road 'A' cross section. The approval would likely include a condition of approval requiring the centerline of Road 'A' align with the centerline of the main post office driveway across Whitman Court NE. Roads 'B', 'C', and 'D'- The applicant is proposing 20.5 -foot wide roads to serve proposed Lots 1-40. Road 'B' would extend south from the intersection with Road 'A' and turns 90 degrees to the east and connects back with Whitman Court NE. Road 'C' extends east from the Whitman Court NE/Road `D' intersection and turns 90 degrees to the south and ends in the southeast corner of the property where it turns into Road V. Together Roads 'C' and 'D' provide a loop in the southeast corner of the property. The cross sections include a 14 to 15 -foot wide drive lane and 5 -foot drivable sidewalk. The proposed 14 to 15 -foot wide drive lanes (Roads B, C and D) do not meet Fire Department standards. Therefore, staff will be recommending as a condition of PPUD/PP approval the applicant be required to redesign the roads to provide a minimum of 20 -foot wide paved drive lane, separate from any required sidewalks. Additionally, staff will be recommending as a condition of a PPUD/PP approval the applicant equip all townhomes with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Finally, the intersection of Road 'B' with Whitman Court NE must either align opposite the post office driveway or have a minimum separation of 20 feet. A minimum 2 feet of separation would be required between the face of any wall and the applicant would be required to demonstrate proposed common parking spaces have appropriate sight distance. The applicant is not proposing any modifications for proposed alleys. Tracts 'B', 'C', and 'D'- These tracts are proposed to serve as alley access to 16 of the proposed lots. Tract 'B' would serve proposed Lots 15-20 and is proposed to be 14 -feet wide with a 12 -foot paved drive lane. Tract 'C' would serve proposed Lots 1-4 and is also proposed to be 14 -feet wide with a 12 -foot paved drive lane. Tract 'D' would serve proposed Lots 5-10 and is also proposed to be 16 - feet wide with a 12 -foot paved drive lane. A concurrency recommendation will be provided in the staff report to Hearing Examiner based upon the test of the citywide Transportation Plan, consideration of growth levels included in the LOS -tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation. The development will have to meet the City of Renton concurrency requirements. Mitigation Measures: No further mitigation needed Nexus: Not applicable E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ERC Report L UA14-000295 City of Renton Department of Community & L mic Development vironmental Review Committee Report WHITMAN COURT PUD LUA14-000295 ECF, PP, Report of April 21, 2014 Page 9 of 11 ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on May 9, 2014. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall —7 Floor, (425) 430-bblU. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided os information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 a.m. to 3:30 p.m., Monday through Friday unless otherwise approved by the Development Services Division. 2. A tree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. Water 1. The conceptual water utility plan has been submitted. The proposed water plan along with changes to meet City standards will be required during utility construction permit review stage. Extension of the existing 8 -inch water main in Whitman Ct NE (see plan no. W-3111) from the end of the existing line to the south end to form a loop around the proposed Road C and Road D. Installation of 8 -inch minimum diameter water mains within Road A and Road B. Installation of 4 -inch water main in Tract B. 2. Installation of fire hydrants as required by the Fire Department. 3. Installation of backflow prevention assemblies for the fire sprinkler system. 4. Installation of separate landscape irrigation meter and double check valve assembly, as needed. S. The development is subject to applicable water system development charges (SDC) fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current SDC fee for a 1" domestic water meter is $2,809.00. The SDC fee is paid prior to issuance of the construction permit. 6. Civil plans for the water main improvements will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. A conceptual sewer plan has been submitted. Sewer main extension is proposed to serve the development. For the proposed development with individual lots, individual side sewers to each lot is required. 2. System development charge {SDC) fee for sewer is based on the size of the new domestic water meter. The current SDC fee for a 1" wastewater is $2,033.00. The SDC fee is paid prior to issuance of the construction permit. 3. Special Assessment District (East Renton Interceptor) fees is applicable and the current rate is $316.80 per single family unit. Surface Water 1. Easement through the private road for Stormwater pond access is required. 2. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 3. The system development charge (SDC) fee for surface water is $1,228.00 for single family houses, and $0.481 per square feet of new impervious surface (with a minimum of $1,228.00) for other land uses. 4. Storm report is acceptable for preliminary review. It will be reviewed in full detail at the time the project is submitted for a construction permit. Transportation/Street 1. Street lighting is required on public street frontages ERC Report L UA14-000295 City of Renton Department of Community & Ec,--min Development WHITMAN COURT PUD Report of April 21, 2014 vironmental Review Committee Report LUA14-000295 ECF, PP, Page 10 of 11 2. All public streets and private roads must have 0.5 feet wide vertical curb. 3. Pavement thickness must follow city of Renton standards. 4. Pedestrian connectivity must be provided with no missing portions. 5. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. Fire 1. Fire impact fees are currently applicable at the rate of $418.42 per multi -family unit. Rate will increase to $448.85 per unit on January 1, 2015. This fee is paid at time of building permit issuance. Impact fees for the bank building are $0.14 per square foot of area. 2. The preliminary fire flow is 2,500 gpm, assuming all buildings are equipped with fire sprinkler systems. A minimum of one hydrant is required within 150 -feet of each structure and two additional hydrants are required within 300 -feet of each structure. Existing hydrants may be considered for some of these requirements as long as they meet location and distance requirements. All existing hydrants do have storz fittings. Maximum available fire flow in this area is only 2,500 gpm. 3. Fire department apparatus access roadways are required within 150 -feet of all points on all buildings. Fire lane signage required for the on-site roadways_ Required turning radius is 25 -feet inside and 45 -feet outside. Roadways shall be a minimum of 20 -feet wide. Roadways shall support a minimum of a 30 -ton vehicle and 322 -psi point loading. Dead end roadways over 300 -feet long require a 90 -foot cul-de-sac type turnaround. Proposed loop road will be an acceptable alternative to a cul-de-sac. Proposed 14 -foot wide roadways (A, B, C and D) are not acceptable and shall be redesigned to provide a minimum of 20 -foot wide roadways, separate from any required sidewalks. 4. All residential townhomes shall be equipped with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Separate plans and permits required by the fire department for all fire sprinkler systems. Residential buildings may be sprinklered per NFPA standard number 13D. 5. An electronic site plan is required prior to occupancy for pre -fire planning purposes. Property Services: 1. Note the City of Renton land use action number and land record number, LUA14-000295 and LND-10-0512, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. 2. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. 3. Provide sufficient information or reference showing how the plat boundary was established. 4. Include a statement of equipment and procedures used, per WAC32-130-100. 5. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. 6. Provide lot closure calculations. 7. Indicate what has been, or is to be, set at the corners of the proposed lots. 8. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 9. The lot addresses will be provided by the city after final plat submittal. Note said addresses and the street name on the plat drawing. 10. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. 11. Do note encroachments. 12. Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. 13. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. 14. Do not include any references to use, density or zoning on the final submittal. 15. Do not show building setback lines for the proposed lots. Setbacks are determined at the time that building permits are issued. 16. Note the research resources on the plat submittal. 17. Note all easements, covenants and agreements of record on the plat drawing. 18. The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director . 19. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. 20. Do not make references to density and zoning information on the final plat drawing. 21. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. 22. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as FRC Report LUA14-000295 City of Renton Department of Community & Ec—omit Development WHITMAN COURT PUD Report of April 21, 2014 'nvironmentol Review Committee Report LUA14-000295 ECF, PP, Page 11 of 11 part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings_ 23. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if they will require that the City be the owner of proposed Tract `A' for Storm Drainage if not and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of "Tract A" (the detention/wet vault area) applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) for a storm detention facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. 24. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract serving the plat or reference to a separate recording instrument detailing the same. Similar language is required for the other proposed Tracts_ 25. Please discuss with the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. 26. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process include a current title report noting the vested property owner. General Comments 1. Separate permits and fees for side sewer connection and storm connection will be required. 2. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. ER C Report L UA 14-000295 LL) I r_ -nn .iN nr w a�saasnasss�:�5tiffi33:� NVjd lyl,� 1-1314d NO:H3tl J .lam 5 9 e '� a r �aTaaaaaaa� w and -LHno: dW11HM r� as.ea$enON�� ti ELL o-n'-LijnOO MdWiIHN1 -LV H—* -01 i LL) I A w� as d o¢ wn� wI�F-m Ep o s F S G 2 8 8 2a2E 215 E . � _ ��$ > gg 3 3 3 .. r_ -nn .iN nr w a�saasnasss�:�5tiffi33:� g a r �aTaaaaaaa� w r� as.ea$enON�� ti A w� as d o¢ wn� wI�F-m Ep o s F S G 2 8 8 2a2E 215 E . � _ ��$ > gg 3 3 3 .. \\l _� •`L� 3.iiL.eP X N tt'5Y]1 w t953� s ! 6 Z I,-anw v] roti F P a 4 P LL! 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A � A f --11 5 H H caX W 1� $$ N014NIHSVM 'NOI KLI NVIA ONVI 11 ivoy uuYu][V�Il f NV1i 1NM-G'2NdHN -L6rQ GN'd"ll�vf Qel'rr^1��dN\+"1 J.21 dN I W l "T2id �•9 •w� o wa > �QZ lu �i tJKg� m t x St g 00 pp r pg�p �-0 ry LL! zip 4444 4 434 FI � � � �: � SJJS {JJ{aJJ♦J`J(S11SJJ<<J<J`J<�s4JJ``J mo , ---------- j -4 V 4 V Jil l p r a t _ Y JJJJjHEW, Y ] f r ^) iiiip 14 _ _ :�.i� ♦ s� 990 9POP0� �� �•�u` z W Y LL, %,_- i LUA14-000295 Notes None [A] 128 0 64 128 Feet WGS_1984_Web _M ercator_Auxil i a ry_Sphere City of Atiffonzr-,�.,-, Finance & IT Division Legend City and County Boundary � l Cther City of Renton Addresses Parcels Erosion Environment Designations 13 Natural Shoreline High Intensity rj Shoreline Isolated High Intensity EXHIBIT 4 Information Technology - GIS Tnis reap is a user generated static output from an Internet mapping site and Renton Ma Su oft RentOnwa ov s for reference only Data layers that appear on this map may or may not be p pp g accurate current, or otherwise reliable 4!1712014 THIS MAP IS NOT TO BE USED FOR NAVIGATION Entire Document Available Upon Request - } '`'��-r 1Y,tl�f�.'i�� ,t ;�, �. 11:, y",}�o �C- ; -r,i+ r�� r r ��• _ �1. .{4. .' y - � �-�� - � - . . ��.�}Ttr=kms - k t ��.. i. .. ', Wetland Delinoation Ribera Halko Short Plat Menton, Washington Septemb r 7. 2006 ti t 4 07 2 c.. U CITY Submitted To-, Mr. Tam Foster Fourth Avenue Associates, LLC 6450 Southcenter Blvd-, Suite 106 Seattle, Washington 98185 x _ EXHIBITS Shannon & Wilson, Inc - 400 N 34"Street, Suite 100 y: Seattle, Washington 98103 21-1-1 21 93-00 1 4 "f ' Former Ribera Balko Short -plat {property Final Wetland and Stream Buffer Mitigation Plant OKOTECNNICAL AND ENVIRONMENTAL CVNSULTANTy i' ... j . "! r . .. . Renton, Washington a 1 c r rch 27, 2007 YF� ON t, t r F E:r'�' iv 17 •4y gat [ a Submitted To: Mr. Torn Foster Fourth Avenue Associates, LLC EXHIBIT 6 0450 Southcente; Btvd., Suite 106 Seattle. Washington 98188 By: Shannon $ Wilson, inc. 400 ht 34" Street, Suite 140 Seattle, Washington 98103 21-1-12393-004 Entire Document Available Upon Request associated FArdi Sciences, Inc. D 0 & Serving the Pacific .Northwest .Since 1,981 December 16, 2013 Project No. KF -130602A Lozier Development, LLC 1300 110 Avenue SE, Suite 100 Bellevue, Washington 98004 Attention: Mr. Paul G. Ebensteiner Subject: Subsurface Exploration, Geologic Hazards, and Preliminary Geotechnical Engineering Report Whitman Court Townhomes 351 Whitman Court NE yA Renton, Washington cITY w PLA Dear Mr. Ebensteiner: We are pleased to present these copies of our preliminary report for the referenced project. This report summarizes the results of our subsurface exploration, geologic hazards, and geotechnical engineering studies, and offers preliminary recommendations for the design and development of the proposed project. Our report is preliminary since project plazas were under development at the time this report was written. We should be allowed to review the recommendations presented in this report and modify them, if needed, once final project plans have been formulated, We have enjoyed working with you on this study and are confident that the recommendations presented in this report will aid in the successful completion of your project. If you should have any questions, or if we can be of additional help to you, please do not hesitate to call. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland- Washington Bruce L. Blyton, Senior Principal sr.a/ir- KE] 30602A2 Projects=13060ME1 W P EXHIBIT 7 Kirkland Everett Tacoma 425-827-7701 425-259-0522 253-722-2992 www.aesgeo.com Entire Document Available Upon Request EXHIBIT 8 Whitman Court Preliminary Technical Information Report February 18. 2014 Prepared for Lozier at Whitman Court, LLC 1300114 th Ave SE, Suite 100 Bellevue, WA 98004 Submitted by ESM Consulting Engineers, LLC 33400 8"` Avenue S. Suite 205 Federal Way, WA 98003 253.838.6113 tel 253.838.7104 fax www_esmcivil_com Entire Document Available Upon Request WHITMAN TOWNHOMES AND BANK PUD TRAFFIC IMPACT ANALYSIS CITY OF RENTON Prepared for Paul G. Ebensteiner Lazier Development, LLC 1300114 1h Arne S.E., Suite 100 Bellevue, WA 98004 Prepared by rra,NC7RTI-f W.�T W7X T vA FT -1c ExicycR TS 11410 NE 1241h St., 4590 Kirkland, Washington 98034 Telephone: 425.522.4118 Fax: 425.522.4311 November 25, 2013 EXHIBIT 9 Entire Document Rocale Timmons •-%vailable Upon Request From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Monday, April 14, 2014 11:52 AM To: Rocale Timmons Cc: Paul Ebensteiner (PAULE@ loziergroup.com), Evan Mann (evan.mann@esmcivii_com); john@altoliver.com; simone@altoliver.com Subject: RE: Whitman Court, PUD, City of Renton LUA14-000295 Follow up Flag: Flag Status: Follow up Flagged Rocale, Thanks for this follow-up to our conversation last week. We want to see the mitigation plan(s) fully implemented for this project and request copies of all monitoring reports generated for this project. We appreciate the current applicants' willingness to plant the stream and wetland buffers even though it may not be their direct responsibility. If using the existing surety enables the stream and wetland buffer mitigation plan to be implemented, then it makes sense to use this funding for this purpose. We're flexible with how the City may best determine the funding for this purpose and agree that a plan that demarks the previous mitigation for the proposed mitigation makes a lot of sense and would facilitate review. Please keep us in the loop as these details progress.. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253.876-3116 From: Rocale Timmons [mailto:RTimmons@Rentonwa.gov] Sent: Monday, April 14, 2014 10:33 AM To: Karen Waiter; john@altoliver.com; simone@altoliver.com Ce: Paul Ebensteiner (PAULE@loziergroup.com); Evan Mann (evan.man n@esmcivil.com) Subject: RE: Whitman Court, PUD, City of Renton LUA14-000295 Hello Karen, Per our conversation on Friday of last week I have attached documentation related to the Ribera Balko Mitigation project. The former owners/developers of the subject property no longer own the property. The impacts caused by the development of the Short Plat were intended to be mitigated by an approved and installed mitigation plan prepared by Shannon Wilson (attached). However since that the time of installation the property defaulted to the bank. We received the monitoring reports quarterly for the first year but we have not received a monitoring report since 2010- From what we understand the mitigation project has been compromised. The Whitman Court PUD applicant is not proposing any new impacts to the critical area at this time with the exception of the soft trail (which is allowed by the City code). They are actually proposing to go in and enhance the critical area in order to remedy some of the failures of the last mitigation effort even though it is not their responsibility. With all that being said the City does have a surety ($$2,000) that we can pull in order to complete the original mitigation project. We are considering the employment of the surety in combinatio- I... +` ^ ^^cna Wh;trraan Crn,rt enhancement plan to ensure successful completion of the mitigation of ii Tort Plat. EXHIBIT 10 CivjC, NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON- SIGNIFICANCE -MITIGATED (DNS -M) A Marten Application has beep !led and w"Pli d with the Department of Cammanlh g Economic Oevelapment (CE01- Planning Olvialim of the ChyvF Fenian. Th. following Ii describes She eppllcatlan and the —awry Publlt Approvals, DATE Of NOTICE OF APPUCA71ON: March 15, 2914 LANG USE NUMBER: LUA14-000295, ECF, PP, PPUO PtiLELT NAME: Whitman Court PUO PR0IECT DESCRIPTION: The appal—t Is requesting a Preliminary Punned Urban Development. IFreiiminary PIM, and Environmental 15EPA) Review, for the constmdlinn of is multi family development ccmialning 40 ro lot line 1—homed and a 2,557 square Foo[ commercial bank on the 41st lot. The natant 5.12 acre site is located within ommeiClai the CARer1al ILA) rani ng ctionril echo and the Cnmmerclal Cnrrldnr ICC} {and side desggnato An appmi short plat [Li YI 1: the prod l to the CA toning CIas SIRCd[IOA, and NE 4th St Business District standards, of 7007 allowing for resld,ntlal and commerciai uses to be locate.-[ures d In different struand Brightly different development -standards. The development would be —prhed of 8 separate muio-f—Try residential structures resolung'rn a density of 11 a do/ac and ane rnmmercial la.Ming. The Butlin site is located on the sothwe ust .mer of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th sit with mai"Ing resjdentiai drivelopment would gain access from the evisung portion, and proposed earenslon, of whitman Ct NE_ There is a Category 2 wetland located on the waslem y- portion of the skThe PPUD would be used to vary street. setback. parking, and refuse and rei standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vithlcular circulation, pedestrian amenities, and landscaping. 5tudles include a slormwater report, traffic study, wetland detneabon and enhancement plan. and a geotechnical report. The proposed 0—stpmene would result in a,P'pAnily 1.8CO cubic yards of Cut dnd 811 yards of hlL PR01ECT LOCATION: NE 4th and Whitman Ct NE OPTIONAL DETERMINATION OF NONSIGNIFICANCE, MITIGATED IDMS -MI: As the Lead Agency, the City of Renre, has determined that significant environmynt el Impacts a unlikely m ii from the proposed pruJecl. Therefore, a permitted ,ni the RCW 41.21C.1 LQ. the City of Renton Is using the Optional ONS -M process Io gtve more that a DNS- M is Ilkair [o he issued- Comment periods Tar the pf0le c[ and Ire proposed DNSM are integfaled Into a single tOmment period. Ther will bi, no comment perod Following the Issuance of the Threchaid Determination of N-5lgniftante- Mitigated (D NSM 1. A 14 -day appeal period will fellow the issuance ofthe DNS -M, PERMIT APPLICATION DATE: March 7, 2014 NOTICE OF COMPLETE APPLICATION: March 25, 2014 APPLICANT/PROI ELt CONTACT PERSON: Erle LaBrfe JEW CoMuiting Engineers,LLC/33400 9111 Ave S. Federal Way, WA 91ml J EMIL erit.labriepesmclMl-tom Perm Rs/Rwlew Requested: Envlronmmtal (SEPA) Rerlew, Prepminary, Plat Plan Revlevr, Preliminary Planned Urban Dyvelapment Rerlew Other Perini whlch may be required: Construction, Bulici Requeslyd Stui Drainage Report, Geehdr meal Repan• Landscape Analyee, Wetlands Assessment IF you would [Ike W be made a party of record to receiw Further 1rdrmatton on this praposed projetf• (ithr ie this firms and return to: City ul Renton, CED -Planning Division, 1055 So. Grady Way, Renton, WA 98057. NameiFfe No.: Whitman Court PUD/LUA34-000295, ECF, PP, PPUD NAME MAILING ADDRESS: TELEPHONE NO.: _ my/Statef2lp, location wryer--PPllcatian may be reviewed: D' ent or Co—Ii g Economic Oevelapment ICED)-Pianning Sloth Floor Renton i hail, 1055 5—th Grady Way, Renton, W A PUBLIC HEARING: Putllc hear'ns'.s[en[ativeiv schedu:etl for Mav 15.2(114 befFiLt3n, 11111, Hla� n0. E6am'ne� in Renton Council Cham bent a. 10-00 Ah1 on the 7th floor of Renton City Mall located at 1055 South Grady Way CONSISTENCY OVERVIEW Soningfland Use: The suhjeCt site IS designated Cnmmyrl i Cnrddcr ICC) on the City or Aemm- Cnmprehens'.ve land Use Map and C—ri iai Arterial ICAI on the Lily's Zoning Map. Environmental Documents that Evaluate the Proposed ProJect: Environmental ;SEPA) Checkilst D4YEI9gment R. .1.1i Used For Prolett Mltlgai The project will be Subject tp the City's SEPA ordlnarrce RMC 4.2-1200., RMC 4- 9- 250 and other applicable modes and r egulations as ario,clair e. Proposed Mitigation Measures: The Following Mitigation Measures will likely be imposed on the proposed project. These reopmmended Mitigation Measures address project impacts rept covered by exlsling -odes and regulations in cited above. • Compftserce with rerommexdotlpnT within the Geotechnlcofreport. comments em the ahwe applltatian must be submitted In writing to Hui Tlmma M, Senior Planner, CED - Planning Division, 1055 South Grady Way, Remora, WA 98057, by S:OD PM on April B, 2014. This matter is also Tenta[ly:ly scheduled for a putilc hyaring on May 15, 2014, at 10:00 AM, Council Chambers, Seventh Floor, Renton Lily Hall, 1055 south Grady Way, Renton. d "u are role* -sled In attending the hearing, please ComaCt the Planning Chi to ensure That the hearing has not been rescheduled at 1425) 47D-6576. IF comments cannot be submitted in wrtllag by the date mdicaled above, pu may still appear at the hearing and present your comments on the proposal before the Hearing Eaammar. IF you have questions about this proposal, or Wish to be made a party of record and rarnanii, additional Information by mall, please contact the project manager. Anyone who submits —1in comments will acninlylly become a party of record and will be notifiedny of adeclsion on this pealed. CONTACT PERSON: Rocale Timmons, Senior Planner; Ter: (425) 430-7219: Erol: rtlmmons&-tid'—fior PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENT(Fir-ATION CERTIFICATION hereby certify that - - copies of the above document were p ted in conspicuous places or nearby the described property on Date: r — i Signed: _ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) certify that I know or have satisfactory evidence that \-k)5 ^ signed this instrument and acknowledged it to be his/her/thee free and voluntary act for the uses and purposes mentioned in the instrument. Dateo`AIX�����ti���r,rtt �. Notary Publi ::� r lies•' Notary (Print) '1 '., �� My appointment expires 1� A*?� aR w� and for the State of Washington of ' .'. 0.ENTOMiAHFAO 0TH6 GUR' :. . ...- CERTIFICATION hereby certify that - - copies of the above document were p ted in conspicuous places or nearby the described property on Date: r — i Signed: _ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) certify that I know or have satisfactory evidence that \-k)5 ^ signed this instrument and acknowledged it to be his/her/thee free and voluntary act for the uses and purposes mentioned in the instrument. Dateo`AIX�����ti���r,rtt �. Notary Publi ::� r lies•' Notary (Print) '1 '., �� My appointment expires 1� A*?� aR w� and for the State of Washington A, r7 LLL a a UTY MENtp ECOMMUN M1 =113 k�LQ tT On the 20th day of March, 2014, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance and Notice of application documents, This information was sent to: AIR Agencies See Attached See attached 300' surrounding property owners Eric LaBrie Contact 513 16 Ribera Balco LLC Owner Paul Ebensteiner Applicant (Signature nfSnnded- 6TATEOFWAGH|NGTON ) ) SS COUNTY DFKING ) | certify that | know or have satisfactory evidence that Lisa M. McBrma � signed this instrument and acknowledged it to be his/her/their free and voluntary act fo6the jP mentioned in the instrument. � ,�� ~-7� . 0���p�'' W6 1- Notary(Phnt): My appointment expires: RE Whitman Court PUD template - affidavit of service by mailing Public I ic'i and for the State ofWashington AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 —172"1 Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn, Ms Melissa Calvert King Area Dev. Serv., M5-240 Seattle, WA 98106-1514 39015 172"1 Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers *** Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Pla n PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ***Department of natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenterPdnr.wa.eov template - affidavit of service by mailing 5182100013 5182100010 7436700220 FAULKES BRADLEY J+KATHY L SCHWAB LES PROFIT SHARING C/O TRAN OANH T+ADRIAN HAI LE PO BOX 4248 RETIREMENT TRUST #314 4236 NE 2ND CT RENTON, WA 98057 PO BOX 5350 RENTON, WA 98059 BEND, OR 97708 7436700210 7436700080 7436700090 DINH STEPHEN THO+MITZI ORTI YOON LONNIE C QUADE MELISSA+BUDIG JAMES 4230 NE 2ND CT 257 VASHON AVE NE 263 VASHON AVE NE RENTON, WA 98056 RENTON, WA 98055 RENTON, WA 98059 5182100080 7436700100 7436700160 WOODALL ROSE SEDAN MERLIE CHEATHAM LARRY D 248 UNION AVE NE 252 VASHON AVE NE 4204 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 7436700200 7436700180 7436700170 YIM JERRY H+STEPHANIE J CLAMPITT JEAN YU SIU LUN+IP QUEENIE 500 K 4224 NE 2ND CT 4212 NE 2ND CT 4208 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 5182100012 7436700190 7436700120 PROGRESSIVE DEVELOPMENT LLC KHUMALO GUGULETHU+JENNIFER HAUGK BRIAN A+KATHLEEN L 254 UNION AVE NE 4218 NE 2ND CT 1613 LYONS AVE NE RENTON, WA 98055 RENTON, WA 98059 RENTON, WA 98059 7436700110 7436700140 7436700130 BURNATAY JOSEPH V+MA LUNING NISHIMURA DAVID K+TEPAPORN WEISS MARTIN EVAN 258 VASHON AVE NE 264 VASHON AVE NE 4235 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 7436700150 7436700270 7436700260 LOOK RAYMOND+MAY+SOON LE LUAN K+TANG JENNY WONG DENNY+RECHELLE 270 VASHON AVE NE 260 VASHON PL NE 266 VASHON PL NE RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 7436700250 7436700240 7436700230 THORTON MATTHEW S+THOMSON J JOHNSON WILLIAM BERRIER ROBERT A+PATRICIA 272 VASHON PL NE 278 VASHON PL NE 4242 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 2325400120 2325400180 2325400550 SWEARINGEN BRET+COTTELL VER YERMOLOVA LADA WILKS ADAM ET AL 4312 NE 2ND CT 253 WHITMAN PL NE 601 108TH AVE NE STE 1850 RENTON, WA 98059 RENTON, WA 98059 BELLEVUE, WA 98004 2325400170 2325400590 2325400580 HEADMAN MARY ELLEN DANG THINH CHAN LOK MAN 259 WHITMAN PL NE 4335 NE 2ND CT 4329 NE 2ND CT RENTON, WA 98059 RENTON, WA 98059 RENTON, WA 98059 2325400570 2325400070 2325400080 BAUER ALAN W+CATHI A HUANG GUO LI & LILY NGUYEN THAO THANH+VUONG H P 32716 SE 46TH LN 5410 31ST AVE S 8433 44TH AVE S FALL CITY, WA 98024 SEATTLE, WA 98108 SEATTLE, WA 98118 2325400090 2325400100 2325400540 ZHU YAO FU WU LEI JACH INVESTMENT GROUP LLC 4330 NE 2ND CT 679 BREMERTON PL NE 20225 BOTHELL EVERETT HWY #2327 RENTON, WA 98059 RENTON, WA 98059 BOTHELL, WA 98012 2325400150 2325400190 2325400560 STOYANOV NIKOLAY I+ZLATINA BAKHCHINYAN SERGY&PARANZEM BURKMAN SAMUEL+LORILYNN 271 WHITMAN PL NE 233 WHITMAN PL NE 4317 NE 2ND CT RENTON, WA 98059 RENTON, WA 98056 RENTON, WA 98059 2325400110 2325400130 7312100100 KIM SUNG JOON+RAN SONG KIM LEUNG DEREK MIU+MAN CHING K FEDERAL HOME LOAN MORTGAGE 4318 NE 2ND CT 4306 NE 2ND CT 5000 PLANO PKWY RENTON, WA 98059 RENTON, WA 98059 CARROLLTON, TX 75010 5182100031 2325400140 7312100090 U S POSTAL SERVICE FREEMAN AMIE M MARUSIC RADENKO+KATA 17200 116TH AVE SE 4300 NE 2ND CT 318 ANACORTES AVE NE RENTON, WA 98058 RENTON, WA 98059 RENTON, WA 98059 5182100022 5182100009 1023059374 SB 16 RIBERA BALCO LLC WALGREEN COMPANY PACWEST ENERGY LLC 190 QUEEN ANNE AVE N #100 ATTN TAX DEPT 3450 COMMERCIAL CT SEATTLE, WA 98109 104 WILMOT RD #MS 1435 MERIDIAN, ID 83642 DEERFIELD, IL 60015 8805000010 8805000020 1023059263 BUYS/KOOYMAN ATTN EDWARDS D AUTO ZONE INC#4115 KING COUNTY WATER DIST #90 C/O JSH PROPERTIES INC DEPT 8088 15606 SE 128TH 10655 NE 4TH ST 4901 PO BOX 2198 RENTON, WA 98059 BELLEVUE, WA 98004 MEMPHIS, TN 38101 8805000030 1023059128 1023059132 SAFEWAY INC STORE 1468 4TH & UNION RENTON BELLEVUE TT LLC C/O COMPREHENSIVE PROP TAX C/O JSH PROPERTIES 3300 MAPLE VALLEY HWY 1371 OAKLAND BLVD STE 200 10655 NE 4TH ST #901 RENTON, WA 98058 WALNUT CREEK, CA 94596 BELLEVUE, WA 98004 PLAN REVIEW COMMENT _UA14-000295) . city of , PLAN ADDRESS: 351 WHITMAN NE CT APPLICATION DATE: 0310712014 RENTON, WA 98059-5012 DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41 st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129) vests the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 dulac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th St with remaining residential development gaining access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscaping. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. Community Services Review Leslie Betlach Ph: 425-430-6619 email: LBetlach@rentonwa.gov Recommendations: 2. If road improvements are required an N.E. 4th, a 5' bike lane should be constructed on the south side for conformance with the adopted Trails and Bicycle Master Plan. Plan Sheet #127. Recommendations: 1. Parks impact fees per Ordinance 5670 applies. Recommendations: 3. On west side of Whitman Court NE —space trees 50' on center and do not use Maple species. On east side of Whitman -use only small deciduous trees spaced 30 feet on -center. Do not plant within 30 feet of street lights. Create planting strip on NE 4th to match those further east (8' wide). Engineering Review Rohini Nair Ph: 425-430-7298 email: rnair@rentonwa.gov Recommendations: I have reviewed the application for the Whitman Court PUD located at 351 Whitman NE Court and have the following comments: EXISTING CONDITIONS WATER Water service will be provided by the City of Renton. There is existing water main on NE 4th Street and an Whitman Court. SEWER Sewer service is provided by the City of Renton. There is existing sewer main on NE 4th Street and on f Whitman Court. STORM There is existing stormwater pipe on NE 4thStreet and on portion of Whitman Court. STREETS There are existing frontage improvements on the NE 4th Street. CODE REQUIREMENTS WATER 1. The conceptual water utility plan has been submitted. The proposed water plan along with changes to meet City standards will be required during utility construction permit review stage. Extension of the existing 8 -inch water main in Whitman Ct NE (see plan no. W-3111 ) from the end of the existing line to the south end to form a loop around the proposed Road C and Road D. Installation of 8 -inch minimum diameter water mains within Road A and Road B. Installation of 4 -inch water main in Tract B. 2. Installation of fire hydrants as required by the Fire Department. 3. Installation of backflow prevention assemblies for the fire sprinkler system. 4. Installation of separate landscape irrigation meter and double check valve assembly, as needed. 5. The development is subject to applicable water system development charges (SDC) fee and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. The current SDC fee for a 1" domestic water meter is $2,809.00. The SDC fee is paid prior to issuance of the construction permit. 6. Civil plans for the water main improvements will be required and must be prepared by a registered professional engineer in the State of Washington. SANITARY SEWER 1. Sewer service is provided by the City of Renton. A conceptual sewer plan has been submitted. Sewer main extension is proposed to serve the development. For the proposed development with individual lots, individual side sewers to each lot is required. 2. System development charge (SDC) fee for sewer is based on the size of the new domestic water meter. The current SDC fee for a 1" wastewater is $2,033.00. The SDC fee is paid prior to issuance of the construction permit. 3. Special Assessment District (East Renton Interceptor) fees is applicable and the current rate is $316.80 per single family unit. May 21, 2014 Page 1 of 4 SURFACE WATER 1. A drainage plan an inage report dated February 18, 2014 was submitt__ )y ESM Consulting Engineers LLC. The report mentions that the project is previously approved and vested under the 1998 King County Stormwater Design Manual and the City of Renton Design Standards in place at the time of approval. The report also includes that based on the previously approved drainage report flow control will be provided by the previously approved and constructed detention pond. Water quality will also be provided in the combined detentiontwater quality pond. The current drainage report mentions that the total impervious developed surface of the present project is less than the previously approved. 2. A geotechnical report, dated December 16, 2013 was submitted by Associated Earth Sciences, Inc. The report mentions that much of the site is underlain by fill material that is not suitable for infiltration. It is also anticipated that perched ground water could be encountered in excavations during construction. The contractor should be prepared to intercept any ground water seepage entering the excavation and route it to suitable discharge location. 3. Easement through the private portion of Whitman Court is required for stormwater pond access. 4. A Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 5. The system development charge (SDC) fee for surface water is $1,228.00 for single family houses, and $0.481 per square feet of new impervious surface (with a minimum of $1,228.00) for other land uses. TRANSPORTATION /STREET 1. The current transportation impact fee rate is $789.44 per dwelling for condominium, $953.25 for apartment, and $1,430.72 per single family dwelling unit. The current transportation impact fee for a drive-in bank per square feet is $12.98. The transportation impact fee that is current at the time of building permit application will be levied. Payment of the transportation impact fee is due at the time of issuance of the building permit. 2. A traffic analysis report dated November 25, 2013, was provided by Traffix Northwest. The report mentions that the proposed development would have 504 trips average weekday vehicle trips (with 373 trips not including passby trips). Weekday peak hour AM trips would be 45 (with 36 vehicle trips not including passby trips). Weekday peak hour PM trips would be 85 trips (with 59 vehicle trips not including passby trips), The level of service at the NE 4th St/Bank driveway, NE 4th St=hitman Ct NE, & Whitman Ctl Bank driveway/Post office driveway were studied. The traffic study mentions that these intersection will continue to operate at acceptable level of service development. Increased traffic created by the development will be mitigated by payment of transportation impact fees. 3. Roads 1. Whitman Court NE Road Section and Alignment — North of Road A a. The centerline of Road A will align with the centerline of the USPO main driveway The existing public road portion will remain the existing width to allow the minimum 32 feet paved width and the wider paved width to allow for the left turn lane at the signal. b. The planter strip adjacent to the bank site will be 8'. c. The sidewalk will be 5'. d. Right of way dedication as necessary to back of the sidewalk is required. II. Whitman Court NE Road Section and Alignment — South of Road A a. South of the intersection with Road A, the Whitman Court NE will remain private road. b. The private road will have minimum 26' of asphalt curb face to curb face. The paved width of this portion of the road will be finalized after the turning movement diagram prepared by the developer to allow the turning of the largest truck using the adjacent Post Office is reviewed. This may be finalized during the utility construction permit review stage. c. The planter strip will be 5'. d. The sidewalk will be 5'. e. Signage must be provided by the developer at the transition from public street to private road. llt. Roads A, B, C, D, and Whitman Court NE past the southernmost Post Office driveway. a. Will be private roads with minimum paved travel width of 20 feet, to meet fire department requirements. There will be a 5 feet wide sidewalk in addition to the 20 feet paved travel width. b. Tract B (connecting to Road B) will have a minimum paved travel width of 20 feet, to meet fire department requirements. C. Parking is not allowed on roads with 20 feet paved travel width and signs are required to be provided by the developer. d. The intersection of Road B with Whitman Court NE must be either aligned opposite the Post Office driveway on the opposite side of Whitman Court NE, or have a minimum separation of 20 feet from the Post Office driveway. e. Due regard to sight distance and safety must be considered when determining the location of the common parking spaces. f. Provide a minimum 2 feet of separation between the face of any wall and the travel road surface. g. All roads must have turning radius to satisfy Fire department requirements. h. Maximum allowable slope on all roads is 15%. IV. NE 4th Street a. The existing driveway cut can be used for the proposed bank. b. Right of way dedication is required to allow all portions of the sidewalk and 1 feet back of sidewalk to be within the public right of way. The right of way dedication is required to allow the existing luminaire foundation to be within the public right of way. c. A street modification request is required since there is no planter strip on the NE 4th Street frontage and to keep the existing sidewalk. 4. Street lighting is required on public street frontages 5. All public streets and private roads must have 0.5 feet wide vertical curb. May 21, 2014 Page 2 of 4 6. Pavement thickness must follow city of Renton standards. 7. Pedestrian connec must be provided with no missing portions. 8. Paving and trench ration will comply with the City's Trench Restoratio.. _ 3d Overlay Requirements. GENERAL COMMENTS 1. Separate permits and fees for, water meters, side sewer connection and storm connection will be required. 2. All construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 3. Rockeries or retaining walls greater than 4 feet in height will be require a separate building permit. Structural calculations and plans shall be submitted for review by a licensed engineer. Special Inspection is required. 4. Atree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. Technical Services Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Recommendations: Note the City of Renton land use action number and land record number, LUA14-000295 and LND-10-0512, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. Provide sufficient information or reference showing how the plat boundary was established. Include a statement of equipment and procedures used, per WAC32-130-100. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. Provide lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided by the city after final plat submittal. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments. Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. Do not show building setback lines for the proposed lots. Setbacks are determined at the time that building permits are issued. Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director . A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. Do not make references to density and zoning information on the final plat drawing. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. May 21, 2014 Page 3 of 4 There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if they will �re that the City be the owner of proposed Tract 'A' torm Drainage if not and if there is to be a Homeowners' Asso6ati OA) created for this plat, the following language co—eming ownership of "Tract A' (the detentionlwet vault area) applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tract A is hereby granted and conveyed to the Plat of flame of Plat Homeowners' Association (HOA) for a storm detention facility. All necessary maintenance activities for said Tract will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tract serving the plat or reference to a separate recording instrument detailing the same. Similar language is required for the other proposed Tracts. Please discuss with the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owner. Reviewer Comments Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Created On: 04/08/2014 NOTE: There is no signature for Washington Federal on the Joint Development Agreement and therefore there is no authority to sign for them by Lozier et al. Fire Review - Building Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. Fire impact fees are currently applicable at the rate of $418.42 per multi -family unit. Rale will increase to $448.85 per unit an January t, 2015. This fee is paid at time of building permit issuance. impact fees for the bank building are $0.14 per square foot of area. Police Review Code Related Comments: 1. The preliminary fire now is 2,500 gpm, assuming all buildings are equipped with fire sprinkler systems. A minimum of one hydrant is required within 150 -feet of each structure and two additional hydrants are required within 300 -feet of each structure. Existing hydrants may be considered for some of these requirements as long as they meet location and distance requirements. All existing hydrants do have store fittings. Maximum available fire flow in this area is only 2,500 gpm. 2. Fire department apparatus access roadways are required within 150 -feet of all points on all buildings. Fire lane signage required for the on-site roadways. Required turning radius is 25 -feet inside and 45 -feet outside. Roadways shall be a minimum of 20 -feet wide. Roadways shall support a minimum of a 30 -ton vehicle and 322 -psi point loading. Dead end roadways over 300 -feet long require a 90 -foot cul-de-sac type turnaround. Proposed loop road will be an acceptable alternative to a cul-de-sac. Proposed 14 -foot wide roadways (A, B. C and D) are not acceptable and shall be redesigned to provide a minimum of 20 -foot wide roadways, separate from any required sidewalks. 3. All residential townhomes shall be equipped with an approved fire sprinkler system due to limited available fire flow and long dead end roadways at this site. Separate plans and permits required by the fire department for all fire sprinkler systems. Residential buildings may be sprinklered per NFPA standard number 130. 4. An electronic site plan is required prior to occupancy for pre -fire planning purposes. Recommendations: 38 CFS Estimated Annually Minimal impact on police services Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.gov May 21, 2014 �� �� Page 4 of 4 Rocale Timmons From: Paul Ebensteiner <PAULE@loziergroup.com> Sent: Friday, April 18, 2014 12;22 PM To: Rohini Nair, Steve Lee Cc: Brett Conway; Rocale Timmons; Gary Sanford Subject: FW- Whitman Court Site Plan Attachments: PL-02-2014-04-18.pdf Follow Up Flag: Follow up Flag Status: Flagged ZL,rA /�t r Greetings everyone. I've attached a copy of the site plan that incorporates all the modifications that were requested by staff. These modifications are related mostly to the roads. But you will notice that we had to change the layout of Lots 1-4 and Lots 15-20 to accommodate the increased road section through these areas. We also moved lots 21-25 to provide room for the pedestrian walkway alignment. Here are your highlights on the roads: 1. Road A now aligns with the USPS main driveway. 2. North of Road A, Whitman Court remains as constructed from curb to curb. This portion of Whitman Court was dedicated as public r/w and will remain so. 3. Bast of the curb on the west side of Whitman Court, next to Lot 41, an 8' planter and 5' sidewalk will be installed. 4. South of Road A, Whitman Court will be a private road and will transition down to a 26' roadway curb to curb with a 5' planter and a 5' sidewalk. The eastside curb line and driveway cuts into the USPS facilities will remain as constructed. 5. Rolled curbs have been removed from the site plan. But as previously stated, I reserve the right to address this issue at the hearing. 6. All roads meet the fire standards with 20' of asphalt; pedestrian walkways are separated from the roadway as requested. 7. All internal roads and alleys will be privately held and maintained by an association. There may be some minor modifications to the site plan for the bank on Lot 41. If any, they will not be significant. I am waiting for some comments from them. These modifications address all of your comments and required changes. If there are any questions, please contact me. I would appreciate it if you would advise Rocale of fhe project's compliance at your earliest convenience. Thank you, PauCq. P6ensteiner Lozier DeveCo`pmen.t, LLC 1300 114'(' .eve S.E., Suite loo BeCCevue,'W,A 98004 Direct Line (425) 635-3938 Ceff PhMle (425) 495-6739 1 Please check out our website at 7trctw.LozlerGrouacom CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. E v v�'avvv=.m o opo 0000� O f_n pati �...�w _a a�ou •v.+_ �� 88� eYqYpE ggYqq e BSBS D �N.�Haf1f::#9fH m ia�'s�v�f3f�s9E�E� � f_n pati �...�w _a a�ou •v.+_ �N.�Haf1f::#9fH ' �5 CRr.rrx.-aaw:..z n m ssx6'�ab'IiF'sws�tS'x�"iao:vi: � y CCB A m m 7=49 R v:vtlivg _ �fffffffe���fxfsxsrs� O m m 3 e�' Z 4 o sa O "9 zI 1 s p i 's a' f q �, z 5 tt66A �+ m � a m a m z z m m mph m� L A =`n'"oo ro m LOZIER AT WHITMAN COURT, LLC 3 WHITMAN COURT PUD o w....m«R.� 4 aac'i iuivaav MAT MAN Denis Law City of, 1 r� Mayor i Department.of Community and Economic Development March 24, 2014 C.E."Chip"Vincent, Administrator Eric LaBrie ESM Consulting Engineers, LLC 33400 8th Ave S. Federal Way, WA 98003 Subject: Notice of Complete Application Whitman Court PUD, LUA14-000295 Dear Mr. LaBrie: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review.. It is tentatively scheduled for consideration by the Environmental Review Committee on April 14, 2014. Prior to that review, you will be notified if any additional information is required to continue processing your application. in addition, this matter is tentatively scheduled for a Public Hearing on May 15, 2014 at 10:00 AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7219 if you have any questions. Sincerely, Ro ale Timmons Senior Planner cc: SB 16 Ribera Balco LLC / owner(s) . PaulEbensteiner, Lozierat Whitman Court LLC/Applicant Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov f City of r� NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON- SIGNIFICANCE -MITIGATED (DNS -M) A Master Application has been filed and accepted with the Department of Community & Economic Development {CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals, DATE OF NOTICE OF APPLICATION: March 20, 2014 LAND USE NUMBER: LUA14-000295, ECF, PP, PPUD PROJECT NAME: Whitman Court PUD PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development, Preliminary Plat, and Environmental (SEPA) Review for the construction of a multi -family development containing 40 zero lot line townhomes and a 2,657 square foot commercial bank on the 41st lot. The vacant 5.12 acre site is located within the Commercial Arterial (CA) zoning classification and the Commercial Corridor (CC) land use designation. An approved short plat (LUA02-129} vest the proposal to the CA zoning classification, and NE 4th St Business District standards, of 2002 allowing for residential and commercial uses to be located in different structures and slightly different development standards. The development would be comprised of 8 separate multi -family residential structures resulting in a density of 11.4 du/ac and one commercial building. The subject site is located on the southwest corner of the intersection of NE 4th St and Whitman Ct NE. The commercial lot would be accessed from NE 4th 5t with remaining residential development would gain access from the existing portion, and proposed extension, of Whitman Ct NE. There is a Category 2 wetland located on the western portion of the site. The PPUD would be used to vary street, setback, parking, and refuse and recycle standards. The applicant has proposed to preserve the wetland onsite and provide buffer enhancement as part of the proposed PUD public benefit along with enhanced pedestrian and vehicular circulation, pedestrian amenities, and landscap+ng. Studies include a stormwater report, traffic study, wetland delineation and enhancement plan, and a geotechnical report. The proposed development would result in approximately 1,800 cubic yards of cut and 8,500 cubic yards of fill. PROJECT LOCATION: NE 4th and Whitman Ct NE OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS - M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non Significance - Mitigated (DNS -M). A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: March 7, 2014 NOTICE OF COMPLETE APPLICATION: March 20, 2014 APPLICANT/PROJECT CONTACT PERSON: Eric LaBrie /ESM Consulting Engineers, LLC /33400 8th Ave S. Federal Way, WA 98003 / EML: eric.labrie@esmcivil.com Permits/Review Requested: Environmental (SEPA) Review, Preliminary Plat Plan Review, Preliminary Planned Urban Development Review Other Permits which maybe required: Construction, Building, Requested Studies: Drainage Report, Geotechnical Report, Landscape Analysis, Wetlands Assessment If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED — Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Whitman Court PUD/LUA14-000295, ECF, PP, PPUD NAME: MAILING ADDRESS: TELEPHONE NO.: City/state/Zip: Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: Public hearing is tentatively scheduled for May 15. 201_4 before the Renton Hearing Examiner in Renton Council Chambers at 10:00 AM on the 7th floor of Renton City Hall located at 1.055 South Grady Way. CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated Commercial Corridor (CC) on the City of Renton Comprehensive Land Use Map and Commercial Arterial (CA) on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental 1SEPA) Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance RMC 4-2-120A, RMC 4- 9-250 and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. ■ Compliance with recommendations within the Geotechnical report. Comments on the above application must be submitted in writing to Rocale Timmons, Senior Planner, CED — Planning Division, 1.055 South Grady Way, Renton, WA 98057, by 5:00 PM on April 3, 2014. This matter is also tentatively scheduled for a public hearing on May 15, 2014, at 10;00 AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at 1425} 430-6578. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments an the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Rocale Timmons. Senior Planner. Tel: (4251430-7219: El PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I r t Lozier at Whitman Court, LLC May 23, 2014 Mr. Phil Olbrechts Renton City Hearing Examiner 1055 South Grady Way Renton, WA 95057 Re Whitman Court PUD/ LUA 14-000295 Dear Mr. Olbrechts, This letter is to list and summarize our comments and requested corrections to the Report to the Hearing Examiner issued by the City of Renton Department of Community & Economic Development. Here are the items we wish to address: 1. On page 2; General Information. The Owner(s) of Record should be corrected to read: Washington Federal, a National Association as to Parcel A and Lozier at Whitman Court, LLC, a Washington Limited Liability Company as to Parcels B and C. Attachment 1, a copy of the Subdivision Guarantee issued by First American Title on February 4, 2014, is submitted for your consideration. Condition 2. Typically, the baselifte report of a mitigation project is submitted with the as -built drawing after construction. Our consultants, Altmann -Oliver Associates, recommend that the requirement for the baseline information to be submitted prior to construction permit be removed. Alternatively, they recommend that the first sentence of Condition 2 be deleted and replaced with: A final wetland mitigation plan which integrates the Ribero Balko Wetland and Stream Buffer Mitigation Plan with the Altmann -Oliver Mitigation plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit/Final PUD approval whichever comes first. 3. Conditions 10, 11 and 12. All road design requirements in these conditions have been incorporated into a revised site plan, labelled PP -01, and submitted to staff for review and approval. Attachment 2 is submitted for your consideration. 4. Condition 14. This condition contains 3 requirements. The first one states: "the intersection of Road 'B' with Whitman Court NE must either align opposite the post office driveway or have a minimum separation of 20 feet." It is this part of the Condition that we find exception to and request that it be removed. The staff has not provided an explanation for this requirement, nor has it provided any standards to justify the requirement. Further, the staff has not responded to repeated requests for explanation and discussion of the issue. The existing conditions are that the USPO has a drop box turn around south of the main driveway where Road 'A' is aligned. This is a one lane in on the south leg and one lane out on the north leg. It is not an intersection. It is a simple one-way drive-through that should not require either an alignment with or an offset from the proposed intersection of Road B with Whitman Court NE. Our traffic consultant, TraffEx, has verified that the turning movements in and out of the drop-off will not create a conflict with the current location of the intersection 1300 1140) Avenue SE, Suite 100, Bellevue, WA 98004 Lozier at Whitman Court, LLC with Road B. Attachment 3, the letter from TraffEx, dated May 24, 2014, and Attachment 4, a photo of the mail drop turn -around are submitted for your consideration. 5. Condition 16. This condition requires demonstration of safe walking conditions for students from the subject plat to Hazen High School. In an email, dated May 23, 2014, the Assistant Director of Transportation with Renton School District has stated that students from the subject plat would be bussed to Hazen High School. This should make the condition moot; therefore, we request that the condition be removed. Attachment 5, a copy of the May 23, 2014 email, is submitted for your consideration. 6. Condition 20. This condition concerns lot coverage. In the discussion about lot coverage on page 23 of the staff report, staff says they do not support a request to increase lot coverage over the maximum of 75% as allowed by code. The applicant has included with the original PPUD Plans a Lot Area Table that shows the coverage calculated for each lot. Currently, all lots within the plat are under the 75% threshold and are compliant with RMC 4-2-120A. Originally, when the PPUD application was being prepared, there was concern that some of the lots would require flexibility in this code section to allow the lot coverage to exceed 75%. However, based on the current layout, it is no longer anticipated that the project will require the aforementioned flexibility. We request that this condition be removed from the staff report, and that the lot Area Table on the face of the PPUD plans, sheet PP -01, be considered sufficient evidence that the project is compliant with RMC 4-2-120A. 7. Condition 32. This condition states: "The applicant shall provide revised site plan demonstrating compliance with the private open space standard of at least 15 -feet in every dimension_" The site plan was not developed with this type of private space included. Most of the units and lots are 16 -feet wide. With staff's encouragement and support, we worked to provide a neighborhood with strong pedestrian connectivity, larger areas of community open spaces in contrast to private open spaces and a neighborhood that has more public benefits. Staff has advised us that this condition is a PUD standard in compliance with RMC 4-9-150E.2. Further, it is staff's understanding that the code does not allow PUD standards to be modified through the PUD process. We asked our legal counsel to research this issue and believe there is room in the code to modify the standard. As part of the PUD, we request that the requirement be modified. Alternatively, we request the minimum open spaces for each lot be reduced to a minimum of 75 square feet and that the Condition be modified to read: Each lot shall provide private open space in the amount of 75 square feet inclusive of porches, patios, decks and yards. Attachment 6, a letter from Robert Johns, dated May 23, 2014, is submitted for your consideration. Thank you for your consideration in this application process. Sincerely, C' f Paul G. E en her Attachments as noted. 1300114th Avenue SE, Suite 100, Bellevue, WA 98004 t4� i' First Amm ican Schedule A Subdivision Guarantee ISSUED BY First American Title Insurance Company ATTACHMENT I Order No.: 2208993 Fee: $200.00 Tax. $19.00 Name of Assured: Lozier Group Date of Guarantee: February 04, 2014 The assurances referred to on the face page hereof are: 1. Tide is vested in: WASHINGTON FEDERAL, A NATIONAL ASSOCIATION AS To PARCEL A AND LOZIER AT WHITMAN COURT, LLC, A WASHINGTON LIMITED LIABILITY COMPANY AS TO PARCELS B AND C 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to wager. C. Tax Deeds to the State of Washington. D. documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting tide to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it 5003353 (2-1-13) jPage 6 of 10 Guarantee Number: 2208993 GLTA #14 Subdivislon Guarantee (4-10- 5achinn rraffmy NORTHWEST TRAFFIC EXPERTS 11410 NE 124th St. #590 KirWand. WA 98034 Phone: 425.522.4118 Fax: 425.522.4311 May 24, 2014 ATTACHMENT 3 Paul G. Ebensteiner Lazier Development, LLC 1300114 1h Ave S.E., Suite 100 Bellevue, WA 98004 Re; Whitman Townhomes and Bank PUD - City of Renton Analysis of Road B Driveway Location in Relation to Mail Drop Entrance Dear Mr. Ebensteiner: We are pleased to submit this analysis of the proposed Road B driveway location as it pertains to operation of the existing mail drop entrance on the east side of Whitman Court. The purpose of the analysis is to provide the rationale as to why the driveways will operate best in their locations as shown on the proposed site plan rather than to realign them opposite one another or offset a minimum of 20 feet. Realignment of the Road B driveway is a condition of approval of the plat. A section of Condition 14 states: "the intersection of Road B'with Whitman Court NE must either align opposite the post office driveway or have a minimum separation of 20 feet. " It is this part of the Condition that we find exception to and request that it be removed. We understand the staff has not provided an explanation for this requirement, nor has it provided any standards to justify the requirement. Further, the staff has not responded to repeated requests for explanation and discussion of the issue. The existing conditions are that the USPO has a drop box turn around south of the main driveway where Road `A' is aligned. This is a one lane entrance on the south leg and one lane exit on the north leg. It is not a typical intersection since no vehicles exit the south leg of the loop. It is a simple one-way drive-through that should not require either a direct alignment with or an offset from the proposed intersection of Road B with Whitman Court NE. We have verified that the turning movements in and out of the drop-off will not create a conflict with the current location of the intersection with Road B. A photo of the mail drop turn -around is attached. Page 1 Whitman PUD rrarmys DESCRIPTION OF DRIVEWAY LOCATIONS Figure 1 is a plan showing the existing mail drop entrance and exit on the east side of Whitman Court. The driveways form a one-way loop. No vehicles are allowed to exit through the southern entrance. The proposed Road B driveway is located to the south of the mail drop entrance on the west side of Whitman Court. FEDERAL HIGHWAY ADMINISTRATION (FHWA) OFFICE OF SAFETY PREFERED DRIVEWAY OFFSET ALIGNMENT Figure 2 is a drawing prepared by the FHWA Office of Safety in their Access Management in the Vicinity of Intersections Technical Report. The figure shows their preferred (positive) offset of driveways. It is the preferred alignment because it reduces conflict points of left turning vehicles when compared to a negative offset alignment or direct alignment as shown in Figure 2. The FHWA report goes on to say "where it is not possible to align driveways with a positive offset (as depicted), align driveways directly across the street from one another." Figure 3 shows the proposed site plan driveway location and the paths of left turning vehicles. The amount of offset is irrelevant since any positive offset is superior to directly aligning the driveways across from one another. The proposed alignment uses the FHWA preferred positive offset. Page 2 710J I] SUMMARY, CONCLUSIONS AND RECOMMENDATIONS We recommend that the Road B driveway be located as shown on the site plan since it is the preferred alignment per the FHWA Office of Safety and will reduce left turn conflicts and should decrease accidents and increase safety. The existing offset as proposed does not create any undue conflicts since the vehicles exiting Road B must still yield to all traffic on Whitman Court. We recommend removal of the section of condition of approval # 14 requiring direct alignment of the driveways or a minimum offset of 20 feet. If you have any questions, please call 425-522-4118. You may also contact us via e-mail at vince(eDnwtraff_ex.com or Iarry@nwtraffex.com. Very truly yours, Vincent J. Geglia Principal TraffEx Page 3 Larry D. Hobbs, P.E. Principal TraffEx Z.4 ,14 J L �M -TR-D TR -G 2.0!Y Driveway Locations Figure 1 PaNth+e.Offset Premed Negabm Offset FHWA Office of Safety Preferred Driveway Alignment D#feectMgnment Figure 2 U CC w Mail Drop Off Entrance Only f Road B ,I Reduced Conflicts between Left Turning Vehicles Paths Figure with Positive Offset of Driveways 3 rraff2my May 24, 2014 Paul G. Ebensteiner Lozier Development, LLC 1300 114" Ave S.E., Suite 100 Bellevue, WA 98004 NORTHWEST TRAFFIC EXPERTS 11410 NE 124th St. #590 Kirkland 0 98034 Phone: 425.522.4118 Fax: 425.522.4311 Re: Whitman Townhomes and Bank PUD - City of Renton Analysis of Road B Driveway Location in Relation to Mail Drop Entrance Dear Mr, Ebensteiner: We are pleased to submit this analysis of the proposed Road B driveway location as it pertains to operation of the existing mail drop entrance on the east side of Whitman Court. The purpose of the analysis is to provide the rationale as to why the driveways will operate best in their locations as shown on the proposed site plan rather than to realign them opposite one another or offset a minimum of 20 feet. Realignment of the Road B driveway is a condition of approval of the plat. A section of Condition 14 states: "the intersection of Road 8'with Whitman Court NE must either align opposite the post office driveway or have a minimum separation of 20 feet. " It is this part of the Condition that we find exception to and request that it be removed. We understand the staff has not provided an explanation for this requirement, nor has it provided any standards to justify the requirement. Further, the staff has not responded to repeated requests for explanation and discussion of the issue, The existing conditions are that the USPO has a drop box turn around south of the main driveway where Road 'A' is aligned. This is a one lane entrance on the south leg and one lane exit on the north leg. It is not a typical intersection since no vehicles exit the south leg of the loop. It is a simple one-way drive-through that should not require either a direct alignment with or an offset from the proposed intersection of Road B with Whitman Court NE. We have verified that the turning movements in and out of the drop-off will not create a conflict with the current location of the intersection with Road B. A photo of the mail drop turn -around is attached. Page 1 Whitman PUD Traff[ DESCRIPTION OF DRIVEWAY LOCATIONS Figure 1 is a plan showing the existing mail drop entrance and exit on the east side of Whitman Court. The driveways form a one-way loop. No vehicles are allowed to exit through the southern entrance. The proposed Road B driveway is located to the south of the mail drop entrance on the west side of Whitman Court. FEDERAL HIGHWAY ADMINISTRATION (FHWA) OFFICE OF SAFETY PREFERED DRIVEWAY OFFSET ALIGNMENT Figure 2 is a drawing prepared by the FHWA Office of Safety in their Access Management in the Vicinity of Intersections Technical Report. The figure shows their preferred (positive) offset of driveways. It is the preferred alignment because it reduces conflict points of left turning vehicles when compared to a negative offset alignment or direct alignment as shown in Figure 2. The FHWA report goes on to say "where it is not possible to align driveways with a positive offset (as depicted), align driveways directly across the street from one another." Figure 3 shows the proposed site plan driveway location and the paths of left turning vehicles. The amount of offset is irrelevant since any positive offset is superior to directly aligning the driveways across from one another. The proposed alignment uses the FHWA preferred positive offset. Page 2 Whitman PUD Traffzmy SUMMARY, CONCLUSIONS AND RECOMMENDATIONS We recommend that the Road B driveway be located as shown on the site plan since it is the preferred alignment per the FHWA Office of Safety and will reduce left turn conflicts and should decrease accidents and increase safety. The existing offset as proposed does not create any undue conflicts since the vehicles exiting Road B must still yield to all traffic on Whitman Court. We recommend removal of the section of condition of approval # 14 requiring direct alignment of the driveways or a minimum offset of 20 feet. If you have any questions, please call 425-522-4118. You may also contact us via e-mail at vince c&nwtraffex.com or larrvgnwtraffex.com. Very truly yours, Vincent J. Geglia Principal TraffEx Page 3 L p 4� 'rt'AS y ;r t ¢ 0251 'ONAt Larry D. Hobbs, P.E. Principal TraffEx C, W." Al C, W." 3"A Mu, -m r'.,.-,.. 1�7 lll Driveway Locations Figure 1 Positive Offset Pmfumd Negative. Offset DireC AAgnment FHWA Office of Safety Preferred Driveway Alignment Figure 2 V C ■ " Mail Drop Off Entrance Only Road B ,I w Reduced Conflicts between Left Turning Vehicles Paths Figure with Positive offset of Driveways 3 ATTACHMENT 4aime. � �a•�Ar �.•.- Ci� I I ..i F Laurel Crest LAZIER *AUREL CREST, LLc ATTACHMENT 5 Paul Ebensteiner From: Evan Mann <evan.mann@esmcivil,com> Sent: Friday, May 23, 2014 3:10 PM To: Paul Ebensteiner Subject: FW: Whitmand Court PPUD School Transportation FYI— Evan Mann ESM CONSULTING ENGINEERS, LLC From: Helen Shindell Butler [mailto:Helen.Shindellbutler@rentonschools.us] Sent: Friday, May 23, 2014 3:07 PM To: Evan Mann Subject: RE: Whitmand Court PPUD School Transportation Hi Evan, Nice Speaking to you today. Renton School District students residing at 4225 NE 4th ST would attend: Hazen HS — Bused McKnight MS — (Proposed NEW MS Unnamed) — Bused Maplewood Heights ES -- Bused Please let me know if you need any other information Helen Shindell-Butler Assistant Director of Transportation 425-204-4455 From: Evan Mann [mailto:evan.mann@esmcivil.com] Sent: Friday, May 23, 2014 2:39 PM To: Helen Shindell Butler Cc: Paul Ebensteiner Subject: Whitmand Court PPUD School Transportation Hello Helen, Thank you for taking my call earlier today. I have attached the site plan for the Whitman Court Preliminary Planned Urban Development. The project is located on the south side of NE 4th Street at the intersection with Whitman Court NE. The site address is 4225 NE 4th St. Per our conversation I understand that all future students living in this proposed plat will have bus transportation provided and will not be expected to walk. This applies to elementary, junior high, and high school students. Please confirm. Thank you, Evan Mann ESM CONSULTING ENGINEERS, LLC Project Planner www.esmcivl_l.rom evan.mann@esmcivil.com Federal Way Everett I Ellensburg 33,100 8th Ave 5, Suite 205 Federal Way, WA 48003 I el: 253.838.6113 office 1 ATTACHMENT 6 Johns vIlonrec -—itsunagaKolouskova Robert D- Johns • Michael P. Monroe • Darrell S. Mitsunaga • Duana7_ Kolouskoua Mr. Phil Olbrechts May 23, 2014 Renton City Hearing Examiner 1055 South Grady Way Renton, WA 98057 Re: Whitman Court PUD / LUA 14-000295 Dear Mr. Olbrechts: The purpose of this letter is to request a modification of City standards that was not addressed in the Staff Report to the Hearing Examiner. The reason for this last minute request is that the Staff Report raises a new issue that had never come up in the many discussions and negotiations about site pians and design for this project with the staff. Specifically, the Staff Report, proposed condition 32, would require the Applicant to submit a revised site plan demonstrating compliance with a requirement that each unit include private open space that is at least fifteen feet (15') in every dimension. As even a cursory review of the site plan for the project reveals, this condition is impossible to comply with. Almost all of the units have yards that are substantially smaller than this standard — for a good reason. For many months, the Applicant, with strong encouragement from the staff, worked cooperatively to develop a project that would provide community open spaces, greens and a neighborhood with strong pedestrian connectivity and public benefits. As the Staff Report acknowledges, the project is required to provide 2.000 square feet of recreational space. The project actually is creating 20,000 square feet of recreational space, plus another 4,800 square feet of passive recreational space, providing over twelve times the required common open. (See Staff Report, p. 11 ) And, as a further benefit to the community, the Applicant agreed to allow the general public to use the wetland trail in the open space. (See Staff Report, condition 5) The only way that the project can be redesigned to comply with the 15' by 15' private yard requirement is to drastically reduce the common open space, reduce the number of T. (425) 451-2812 • F: (425) 4.57-2818 1601 1 14th Ave. SE • suite 110 • Bellevue, WA 98004 vvww.j m m kla nd usely w. cam f - Mr. Phil Olbrechts May 23, 2014 Page 2 units and require redesign of both the site plan and the unit types. This would be a significant and unfortunate reduction in the community benefit provided by the project. When the Applicant discovered this new requirement in the Staff Report, the Applicant contacted the Staff to request a modification of this requircmcnt and was told "This is a PUD standard RAMC 4-9-150E.2. Typically you cannot modify PUD standards through a FUD." (Email from Rocale Timmons to Paul Ebensteiner, 512212014) While we acknowledge that the code requirements for PUD's do not allow modifications of some standards, that restriction does not apply to RMC 4-9-150E.2. RMC 4-9-150D.4 provides: Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested pursuant to subsection B2 of this Section_ RMC 4-9-150B.2a allows modifications of requirements in several chapters of the code which are not relevant, but RMC 4-9-150B.2.b also provides: An applicant may request additional modifications from the requirements of this Title, except those listed in subsection B3 of this Section. RMC 4-9-150B.3.e does list a number of provisions that cannot be modified (critical area requirements, shoreline rules, and various other provisions that are not relevant to this project), but that list does not include RMC 4-9-150. To be candid, the code appears to contain a contradiction. RMC 4-9-150B.3.c provides that "The City may not modify any of the provisions of this Section, Planned Urban Development Regulations." But that language is directly contrary to RMC 4-9-150D.4, which specifically allows an applicant to request a modification from, among other things, "the development standards contained in subsection E of this Section." The only way to reconcile this contradiction is to conclude that RMC 4-9-15013.3.c means that modifications to most of RMC 4-9-150 are not allowed, but that modifications to RMC 4-9-150E are allowed. Since, as a matter of statutory construction, more specific provisions control over more general provisions where there is an inconsistency, this interpretation would be consistent with the rules of statutory construction and would, in this case, allow the Applicant to request a modification of the requirement for 15' by 15' yard spaces. In conclusion, the Applicant requests that the Hearing Examiner determine that a modification is permitted from the standards of RMC 4-9-150E. and grant the request for a modification in light of the fact that a site design which produces a substantial amount of common open space, usable by the community, and far in excess of minimum JOHNS MO MRO F MITSUNAGA Ko�l.m'' KO NA, I LLC Mr. Phil 01brechts May 23, 2014 Page 3 requirements, is far preferable to a site plan which dramatically reduces the common open space in order to provide a series of private yards usable only by the owners of the adjacent unit with no public benefit. Thank you for your consideration of this request. Again we apologize for the last minute nature of this request but the applicant was unaware of this issue until a few days ago when it received the Staff Report. Sincerely, Robert D. Johns cc; Rocaie Timmons, Renton Department of Community and Economic Development Paul Ebensteiner, Lozier at Whitman Court, LLC Direct Tel: 123-467-9960 Email.• iohnsA nmdair.coin 1211-1 Itr to Renton Examiner 5-23-2014 JOHNS M(nvR()E MITSi'NAGA Kc�[ OUyt t O Vi, PLLC o ns Vironroe l�.�w itsunagaKolouskova Robert D. Johns • Michael P. Monroe • DarrelI S. Mitsunaga • DuanaT. Kolouskova Mr. Phil Olbrechts May 23, 2014 Renton City Hearing Examiner 1055 South Grady Way Renton, WA 98057 Re: Whitman Court FUD / LUA 14-000295 Dear Mr. Olbrechts: The purpose of this letter is to request a modification of City standards that was not addressed in the Staff Report to the Hearing Examiner. The reason for this last minute request is that the Staff Report raises a new issue that had never come up in the many discussions and negotiations about site plans and design for this project with the staff. Specifically, the Staff Report, proposed condition 32, would require the Applicant to submit a revised site plan demonstrating compliance with a requirement that each unit include private open space that is at least fifteen feet (15') in every dimension. As even a cursory review of the site plan for the project reveals, this condition is impossible to comply with. Almost all of the units have yards that are substantially smaller than this standard — for a good reason. For many months, the Applicant, with strong encouragement from the staff, worked cooperatively to develop a project that would provide community open spaces, greens and a neighborhood with strong pedestrian connectivity and public benefits. As the Staff Report acknowledges, the project is required to provide 2.000 square feet of recreational space. The project actually is creating 20,000 square feet of recreational space, plus another 4,800 square feet of passive recreational space. providing over twelve times the required common open. (See Staff' Report, p. H) And. as a further benefit to the community, the Applicant agreed to allow the general public to use the wetland trail in the open space. (See Staff Report, condition 5) The only way that the project can be redesigned to comply with the 15' by 15' private yard requirement is to drastically reduce the common open space, reduce the number of T. (425) 451-2812 . F; (425) 451-2818 1801 1 14th Ave. SE * Suito 110 • Beilovue, wA 98004 www.j m mk I and uselaw.com Mr. Phil Olbrechts May 23, 2014 Page 2 units and require redesign of both the site plan and the unit types. This would be a significant and unfortunate reduction in the community benefit provided by the project. When the Applicant discovered this new requirement in the Staff Report, the Applicant contacted the Staff to request a modification of this requirement and was told "This is a PUD standard RIMC 4-9-150E.2. Typically you cannot modify PUD standards through a PUD." (Email from Rocale Timmons to Paul Ebensteiner, 512212014) While we acknowledge that the code requirements for PUD's do not allow modifications of some standards, that restriction does not apply to RMC 4-9-150E.2. RMC 4-9-150D.4 provides: Each planned urban development shalI demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested pursuant to subsection B2 of this Section. RMC 4-9-150B.2a allows modifications of requirements in several chapters of the code which are not relevant, but RMC 4-9-150B.2.b also provides: An applicant may request additional modifications from the requirements of this Title, except those listed in subsection B3 of this Section. RMC 4-9-150B.3.e does list a number of provisions that cannot be modified (critical area requirements, shoreline rules, and various other provisions that are not relevant to this project), but that list does not include RMC 4 -9 -150 - To be candid, the code appears to contain a contradiction. RMC 4-9-150B.3.c provides that "The City may not modify any of the provisions of this Section, Pldimed Urban Development Regulations." But that language is directly contrary to RMC 4-9-150D.4, which specifically allows an applicant to request a modification from, among other things, "the development standards contained in subsection E of this Section." The only way to reconcile this contradiction is to conclude that RMC 4-9-15013.3.c means that modifications to most of RMC 4-9-150 are not allowed, but that modifications to RMC 4-9-150E are allowed. Since, as a matter of statutory construction, more specific provisions control over more general provisions where there is an inconsistency, this interpretation would be consistent with the rules of statutory construction and would, in this case, allow the Applicant to request a modification of the requirement for 15' by 15' yard spaces. In conclusion, the Applicant requests that the Hearing Examiner determine that a modification is permitted from the standards of RMC 4-9-150L and grant the request for a modification in light of the tact that a site design which produces a substantial amount of common open space, usable by the community, and far in excess of minimum Mr. Phil Olbrechts May 23, 2014 Page 3 requirements, is far preferable to a site plan which dramatically reduces the common open space in order to provide a series of private yards usable only by the owners of the adjacent unit with no public benefit. Thank you for your consideration of this request. Again we apologize for the last minute nature of this request but the applicant was unaware of this issue until a few days ago when it received the Staff Report. Sincerely, Robert D. Johns cc: Rocale Timmons, Renton Department of Community and Economic Development Paul Ebensteiner, Lozier at Whitman Court, LLC Direct Tel: 425-467-4960 Email:Iohns, jnunluir.coin 1211-1 hr to Renton Examiner 5-23-2014 JOHNS Mc�nrIME Ma`l;5I"Nm;,k I o lx)USKOV,A. PI LC Z4 City of Renton LAND USE PERMIT MASTER APPLICATION ---, 0 7 "' PROPERTY OWNER(S) NAME; See Attached. ADDRESS: CITY: ZIP: TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: Paul Ebensteiner C COMPANY (if applicable):ozier at Whitman Court, LLC ADDRESS: 1300114th Ave S.E., Suite 100 CITY: Bellevue ZIP; 98004 TELEPHONE NUMBER: (425) 635-3938 CONTACT PERSON NAME: Eric G LaBrie COMPANY (if applicable): ESM Consulting Engineers LLC ADDRESS: 33400 8t" Ave S, Suite 205 CITY: Federal Way ZIP: 98003 TELEPHONE NUMBER AND EMAIL ADDRESS: (253)838-6113 Eric.LaBrieOlesmcivil.com PROJECT INFORMATION PROJECTOR DEVELOPMENT NAME: Whitman Court Preliminary Planned Unit Development PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: 4425 NE 4"' St and 351 Whitman CT NE, 98059 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 518210-0020, -0021, -0022 EXISTING LAND USE(S): Vacant Land PROPOSED LAND USE(S): Mixed use; Bank & Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: (CC) Commercial Corridor PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) NIA EXISTING ZONING: (CA) Commercial Arterial PROPOSED ZONING (if applicable): WA SITE AREA (in square feet): 223,073 SF SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 32,231 SF SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,841 SF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) 11.14 DU/AC NUMBER OF PROPOSED LOTS (if applicable) 41 NUMBER OF NEW DWELLING UNITS (if applicable): 40 CADocumenls and Setdngslpaule\Local Settingffempomy intemet FiieS\Content.0ut1ook17K.252T8E\Master Application,doe PROJECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): 0 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 23,144 SF SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 2,657 SF SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 2,657 SF NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): On the bank site approximately 7 employees will be employed b the new project.. TION (continued PROJECT VALUE: Commercial - +1- $800,000 Residential - +k- $12 Million IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. X WETLANDS 32,126 sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE NW QUARTER OF SECTION 15 , TOWNSHIP 23N , RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP 1, (Print Namels) Paul Ebensteiner declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or X the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. /-1 r Signature of Owner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that PAft SIZ4 &e,Y- signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. �e Dated.••• -•..'/Y f's Notary Puti nand for the State of Washington +0 NOZi ? ' Notary (Print): O _ �% n >� . �9 �• d�J2 ��ZO•.• `�; My appointment expires: OF 111#1600% g �. C:IDocuments and Settings,paule,Local SettingslTemporary Internet Fl 1es,C0n1ern.4u1lookWK252T8 EMastcr Application -doe -2- LEGAL DESCRIPTION The land in the t,ounty of IOng, State of Washington, described as follows: PARCEL A: Lot 1 of the Ribera-Saiko Short Pkat No. LUA-02-129-SFPL recorded April 9, 2009, as Recording Na 20090409900002, records of King County, Washington; Except that portion conveyed to City of Renton by deed recorded under Recording No. 20120411001607. PARCEL 8: Lot 2 of the Ribera-8alko Short Plat No. WA-02-129-SHPL recorded April 9, 2009, as Recording No. 20090409900002, records of Kmg County, Washington. PARCEL Q Tract A of Chty of Renton Lot Line Adjustment No. LUA-07-080-LLA recorded August 18, 2009 as Recording No. 20090818900001, records of IGng County, Washington. JOINT DEVELOPMENT AGREEMENT Washington Federal & Lozier at Whitman Court, LLC This JOINT DEVELOPMENT AGREEMENT (this "Agreement") dated as of the Z4 day of September, 2013 is made by and between Washington Federal, a national association ("WF") and Lozier at Whitman Court, LLC ("Whitman") (together the "Developers"). RECITALS WF is acquiring that certain property commonly known as Lot l of Ribera — Balko Short Plat, as more particularly described on ExWbit A hereto ( "Lot I "). Whitman is acquiring that certain property commonly known as Lot 2 and Tract A of Ribera — Baiko Short Plat, as more particularly described on Exbibit B hereto ("Lot 2"). Lot l and Lot 2 shall be collectively referred to as the "Property." WF wishes to develop Lot l for retail use. Whitman wishes to develop Lot 2 for residential use. In order to comply with the underlying CA Zoning of the Property, the City of Renton Planning Department requires the processing of the Property as one PUD and Preliminary Plat application allowing for separate retail and residential uses. Whitman's ability to develop Lot 2 into a fee simple, residential community is contingent upon such approval with the corresponding approval of Lot 1 as a retail/commercial development by WF. WF and Whitman desire to cooperate, participate, and share in development costs regarding certain aspects of development of the Property for the mutual benefit of one another. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Developers agree as follows: I . Pu1; nose - The purpose of this Agreement is to outline the areas where the Developers agree to jointly develop and share in development costs for the Property. 2. Joint Development Activities (a) "Joint Development Activities" as used herein shall relate to the following activities: i. The joint preparation, application and approval of a PUD and Preliminary Plat to develop the Property consistent with retail use on Lot 1 and residential use on Lot 2 and construction of common infrastructure requirements required by the PUD and Preliminary Plat for use by and/or benefitting both Lot 1 and Lot 2. Final conditions of the PUD and Preliminary plat may further dictate improvements to or changes of existing shared components of infrastmeture which would be part of the Joint Development Activities. 1211-1 Joint Development Agreement 04.23.13 draft ii. The Developers shall have an equal and undivided interest as tenants in common in the ownership and responsibility for maintenance of common infrastructure constructed per the recorded final PUD/Plat for use by and benefitting both Lot 1 and Lot 2_ The recorded final PUD/Plat and/or recorded deeds/oovenants shall reflect such tenants in common interest and maintenance responsibility which conditions shall run with the land and be binding upon and inure to the benefit of Lot 1, Lot 2, and the Developers, their heirs, successors, and assigns. iii. Costs of shared development related to common conditions, requirements and improvements resulting from the PUD/Preliminary Plat approval shall be considered Joint Development Activities. (b) The costs of developing (lot specific) WF retail development and Whitman residential development not specifically included in the above common costs shall not be considered Joint Development Activities. 3, Develo meat Costs (a) "Development Costs" as used herein shall mean (but not limited to) the costs of (i) joint PUD/Preliminary Plat planning, design, engineering, consulting reports, fees and attorneys' fees as may be specifically required for the "Joint Development Activities", and which are typical development activities and (ii) construction of infrastructure requirements required by the PUD and Preliminary Plat for common use by and/or benefitting both Lot I and Lot 2. (b) Funding of Development Costs. i. Contributions. The Developers shall open one bank account for payment of Development Costs. Not later than three days before the need for payment of Development Costs, each Developer shall deposit its proportionate share of said payment, ii. Pro ortional Share, Unless specifically and mutually agreed to by the Developers in writing, all Development Costs shall be split 5011/o/50%. iii. Failure to Con-txibute. If any Developer fails to make its contribution toward Development Costs, then the other Developer, if it has contributed all of its share may, at its option, and upon written notice to the non-contributing Developer, advance the non-contributing Developer's required payment and treat such amount as a loan from the contributing Developer to the non-contributing Developer (a "Default Loan"). The Default Loan shall bear interest at twelve percent (12%) per annum. The principal balance of the Default Loan and accrued interest thereon shall be paid in full on demand. On any default of the Default Loan, the non-ccontributing Developer shall then be treated as in default of this Agreement. 4. Division of up-onsibility (a) Process' i. "Processing" shall consist of management of the specific preparation of documents and general negotiation with the City/County required to process the PUD. Processing shall be managed by Whitman. Whitman l21 i-1 joint Mvelopment Agreament o923M draft shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers. ii. Good Faith Actions. Whitman shall use reasonable skill and judgment in managing the processing of the Joint Development Activities but shall have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (b) Site Development. Site Development shall consist of (a) supervision and implementation of the engineering and development of Joint Development Activities; (b) identification, prcparation and recommendation to Developers for their approval contract documents and selected subcontractors required to implement the site development of Joint Development Activities; (c) management of site work conducted by subcontractors and utilities; and (d) approval of invoices for payment and input to the preparation of draw requests. Whitman shall be designated as the authorised agent for the project for purposes of signing applications, developer extension agreements and other documents necessary to accomplish the intent of this Agreement. Site Development shall be managed by Whitman. Whitman shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers. iii. Good Faith Actions. Whitman shall use reasonable skill and judgment in managing the Site Development of the Joint Development Activities but shall have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (c) Accoun Ln . i. Accounting shall consist of (a) maintenance of the accounting records for the Joint Development Activities; (b) preparation and submittal of draw requests, (c) payment of approved invoices in a timely manner; and (d) conducting any other accounting and business functions including periodic reports to the Developers required for the successful execution of this Agreement. Accounting shall be managed by Whitman. Whitman shall work in consultation with WF but matters having a substantial impact on the project or financial outcome of the project shall be subject to the approval of both Developers. u. Good Faith AZions. Whitman shall use reasonable skill and judgment in managing the Accounting of the Joint Development Activities but shall have no liability to WF for actions or inactions made in good faith and in the reasonable belief such actions or omissions were in accordance with this Agreement. (d) Compensation. Neither of the Developers performing the management functions specified in this Section 4 shall be entitled to -receive any 1211-1 joint Development Agreement 09.23.73 drstl compensation or reimbursement except as specifically stated in this Agreement except for those required as part of the Joint Development Activities, 5. Administrates. (a) Scop of Author. Except as expressly provided herein, nothing contained in this Agreement shall constitute a grant of authority to any Developer to act for or on behalf of the other Developer or the Property, as agent or in any other capacity except as specified herein except as provided in 4(b)(ii) above. (b) Bank cou . All funds related to the Joint Development Activities shall be deposited in a separate bank account. All drafts, cheeks, bills and cash which may from time to time be received by, for, or on account of the Joint Development Activities shall be deposited immediately in such account in the same form in which they are received. Withdrawals from such account for the payment of any routine, authorized indebtedness or the issuance of any checks on such account shall require the signature of a Whitman officer_ Both Developers must authorize any costs exceeding $25,004. 6, AMjgRment. No party may assign, convey, or transfer its interest in this Agreement by any means whatsoever without the prior written consent of the other party. For purposes of this Section, a) sale or transfer of a majority interest in any corporate party shall be deemed a "transfer" requiring the consent of the other party, and b) any transfer Trust be to a person with sufficient financial capability and development expertise or consent may reasonably be withheld. 7. Right of First Refu a . The right of first refusal granted by this Agreement requires that any party herein shall give the other party written notice of its intent to sell its respective property, as well as requires either party to give the other party written notice of any bona fide offer on either its respective property that the party is wilting to accept. In the event any party notifies the other party that it received a bona fide offer, then the other party shall thereupon have sixty (66) calendar days after receipt of any such written notice to match the purchase price and the terms offered by any bona fide offer_ In the event that any party notifies the other party of its intent to sell ("selling party"), then the other party shall thereupon have sixty (60) calendar days after receipt of any such written notice to enter into a written agreement with the selling party for the purchase and sale of its respective property, for a price equal to the then current fair market value of said property and upon toms mutually acceptable to the parties. Any party shall communicate its intent to exercise its right of first refusal to the other party in writing. If a party fails to timely exercise the right of first refusal, then the other }warty shall be free to accept or reject the bona fide offer, or advertise and list its respective property for sale at a price not less than the price or terms offered to the other party In the event that a party waives its right of first refusal with regard to a particular bona fide offer and the other party does not accept the bona fide off=er, then the waiving party shall retain the right of first refusal regarding any future offer that the other party may receive its respective property pursuant to the teams set forth herein. 8. Refault, 1211-1 Joint D vetopmeni Agreemml 09.23.13 drift 4 (a) Events of Default. A Developer to this Agreement shall be in default (a "Defaulting Developer") hereunder upon the occurrence of any of the following events: i. If the Developer makes an assignment for the benefit of a creditor or applies for the appointment of a trustee, liquidator or receiver of any part of its assets or commences any proceedings relating to itself under any federal or state law relating to bankruptcy, insolvency, reorganization or similar laws; ii, If the Developer has a proceeding commenced against it or relating to it or relating to appointment of a trustee, liquidator or receiver or pursuant to any proceedings under any federal or state law relating to bankruptcy, insolvency, reorganization or similar law which proceeding is not dismissed within ninety (90) days after filing such proceeding; iii. If a Developer allows its interest in the Property or in any portion of the Property to become subject to any attachment, levy, execution or other judicial seizure, and such action is not dismissed or bonded within ninety (90) days; iv. If a Developer breaches the terms of a Default Loan as provided in Section 3, or if no Default Loan is advanced, if a Developer fails to make a payment under Section 3 within fifteen (15) days after notice by the non -defaulting Developer that such sums are due; or v. If the Developer breaches or fails to perform any other provision of this Agreement and such breach or failure is not cured within thirty (30) days after written notice. (b) Remedies. i. Remedies of Non -Defaulting Developer. Upon any Developer becoming a Defaulting Developer, the Non -defaulting Developer may pursue any remedy at law or in equity against the Defaulting Developer. ii. Default'Ag Developer's Loss of Management�cipation_ A Defaulting Developer shall not be entitled to participate in the management of the Joint Development Activities. iii. Additional Remedy of the Non -Defaulting Develaer. In addition to the right of the Non -Defaulting Develoler to pursue any remedy at law or in equity against the Defaulting Developer, the Non -Defaulting Developer may, in its s le discretionpurchase the Defaulting Develo er's Mperity at_ its current fair market value. Disputes regarding the fair market value shall be resolved by arbitration as detailed herein. 9. General provisions. (a) Notices. Any notice required or permitted under this Agreement shall be personally delivered to the party to whom it is directed, sent via facsimile to such party with a return receipt fax, or if mailed by certified mail return receipt requested, addressed to the party's address set forth below the party's name on the signature page hereof. (b) Governing Law. This Agreement shall be governed by the internal laws of the State of Washington. 1211-1 Joint Developnimt Agreement 09,23.13 draft (c) Agreement Binding Unon Successors and Assims. This Agreement shall be binding upon the successors and assigns of the Developers and the Property. A memorandum of recording may be recorded against the Property reflecting that the Property is subject to the terms and conditions of this Agreement. (d) Counterparts. This Agreement may be executed in one or more counterparts, each. of which shall be deemed an original, but all of which together shat] constitute one and the same instrument. (e) Remedies Cumulative. No remedy herein conferred upon or reserve to any Developer is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder, now, or hereafter existing at law, in equity or by statute. (f) Se erabili . If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each term and provision of this Agreement shall be valid and enforceable as written to the fullest extent permitted by law. (g) Modification; Entire Agreement. This Agreement shall not be changed, modified or amended in any way except in writing signed by both Developers. This agreement sets forth the entire agreement and understanding between the Developers as to the subject matter treated herein and merges and supersedes all prior or contemporaneous discussions, agreements and understandings of every kind and nature between them with respect thereto. (h) Waivers. The failure of any Developer at any time to enforce any of the terms, provisions or conditions of this Agreement shall not be construed as a waiver of the same or of the right of such Developer to enforce the same. (i) Documents. The Developers agree properly and promptly to execute and deliver any and all additional documents that may be necessary to render this Agreement legally and practically effective. This paragraph shah not require the execution of any document that expands, alters or in any way changes the terms of this Agreement. () Attorneys' Fees an Costs. The prevailing party to this Agreement in any proceeding brought to enforce any term of this Agreement shall be entitled to reimbursement of their attorneys' fees and casts. (k) yediatio . In the event that a dispute between the parties to this Agreement over the terms of this Agreement is not resolved within 10 days, the parties agree to first mediate the dispute. The parties shall jointly retain the services of a mediator through Judicial Dispute Resolution Washington or a similar service that is agreeable to the parties and in good faith attempt to resolve the dispute through mediation for a period of not less than four (4) hours. The parties shall contribute equally to the costs and fees of the mediator and shall 1211-1 Joint Development Agreement 09.23.13 draft be responsible for payment of their own attorneys' fees, if any. In the event mediation fails to resolve the dispute to the satisfaction of both parties, the parties shall then arbitrate the dispute as provided herein. (1) Arbitration. Any controversy or dispute arising out of or relating to this Agreement or the interpretation thereof shall be settled by arbitration through Judicial Dispute Resolution Washington or a similar service that is agreeable to both parties. The dispute shall be submitted to a single arbitrator who shall have had at least ten (10) years' experience in the real estate business. Judgment may be entered on any award tendered by the arbitrator in any federal or state court having jurisdiction over the site in which the project is located. (m) Relationship of the Parties. Notwithstanding any other provision of this Agreement, or any agreements, contracts, or obligations which may derive here from, nothing herein shall be construed to make the Developers partners or joint ventures, or to render either party liable for any of the debts or obligations of the other party, it being the intention of this Agreement merely to cooperate in the development of the Property. (n) Full Understandin Independent Legal Counse . The parties to this Agreement each acknowledge, represent and agree that they have read this Agreement and the attached exhibits; that they fully understand the terms thereof; that they have had full opportunity to obtain advise from legal counsel, accountants and any other advisors with respect to the terms of this Agreement. (o) ual Opportunity to Partici ate in Drain - The parties to this Agreement have had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any pari, to this Agreement based upon a claim that that party drafted language at issue. Executed by the undersigned Developers effective as of the date first above written. Lozier at Whitman CourtZ- Garyl,��rirp LLC By zi anager Address: 1300 —114'x' Avenue SE Suite IDE? Bellevue, WA 98004 Phone: 425-454-8690 Fax: 425-646-8695 1211-1 Joinl Development Agreement 09.23.13 dull 7 Washington Federal By Keith Taylor Its Senior Vice President Address; 425 Pike Street Seattle, WA 98101 Phone; 206-777-8228 Fax: 266-777-8343 1211-1 1oin1 Aevelopm=1 Agrocment 49.23.13 draft MINUTES OF FIRST MEETING OF LIMITED LIABILITY COMPANY MEMBER OF LOZIER AT WHITMAN COURT, LLC Pursuant to notice, the first meeting of the Member of LOZIER AT WHITMAN COURT, LLC was held at the Company's office at 1300 114' SE, Bellevue, Washington, on September 24, 2013. The meeting was called to order at 4:30 p.m. Present at said meeting was the sole member. ACKNOWLEDGEMENT OF FILING OF CERTIFICATE OF FORMATION The Certificate of Formation has been filed in the office of the Secretary of State, State of Washington, on September 24, 2013, and a copy of such certificate and the evidence of filing with the Secretary of State have been inserted in the minute book of the Company. ELECTION OF MANAGER Upon motion duly made and unanimously carried, Gary Sanford was elected to serve as Manager until March 2014 and until a successor is elected. ELECTION OF ASSISTANT MANAGERS Upon motion duly made and unanimously carried, Brett Michaelson was appointed Assistant Manager. Brett Michaelson is authorized to sign all credit applications, annual reports, financial statements, payroll tax returns and similar documents on behalf of the Company. He shall also be authorized to request loan draws from the Company's lender, Westerfield Financial, LLC provided such funds are deposited in the Company's account with Bank of America. He shall also be authorized to sign any lease, deed, easement, bill of sale, mortgage, trust deed, security agreement, contract of sale, or other document conveying, leasing, or granting a security interest in the interest of the Company in any of its assets, or any part thereof. Upon motion duly made and unanimously carried, Paul Ebensteiner was appointed Assistant Manager. Paul Ebensteiner is authorized to sign all construction and development permit applications (including but not limited to developer extension applications, utility extension applications, clearing and grading permits, etc.); engineering, consulting and development contracts and agreements; and platting documents on behalf of the Company. He shall also be authorized to sign any easement, bill of sale for utility systems, the final plat and any other document related to development of the Company's assets. ADOPTION OF BAlNXING RESOLUTIONS Upon motion duly made and unanimously carried Bank of America is selected as the depository for the Company's funds and Brett Michaelson, an Assistant Manager, is authorized and directed to execute the forms for the company banking resolution of authority for bank accounts and borrowings required by said bank. APPROVAL OF OPERATING AGREEMENT Upon motion duly made and unanimously carried the Operating Agreement between LOZIER AT WHITMAN COURT, LLC and Lozier Homes Corporation, in form reviewed by the Member, is deemed to be in the best interest of the Company and is hereby approved and accepted. The Member is authorized to execute such agreement, and execution of such agreement by the Member shall be conclusive evidence of such approval and acceptance_ There being no further business, on motion duly made, seconded and unanimously carried, the meeting was adjourned at 5:44 p.m. 'Cl�'04;�Ze L.ozier Ho es It o , Member By Garys o ve Vice President PLANNING DIVISION WAIVER OF SUBMITTAL. REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE .PERMI'i SLJBMfiTAL REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: , Calculations 1 Colored Maps for bisplay 4 Construction Mitigation Description 2AM4 Deed of Hight of-1l1lay,.Dedication. Density Worksheet 4 Drainage Control Plan x Drainage Reports EI Yatioits, Arch�tectural3AND.4. Environmental Checklist; 61s—ting Covenants (Ft+egolyded Gopy} 4 Existing Easements (Recorded Copy) 4 F1bod Hazard Hata 4 Floor PlanS 3AW4 Geotechnical Rep942i a Grading Plan,- Conceptual. Grading Plan, detailed 2 Habitat Data Report 4 lmprovement Deferral:' Irrigation Plan 4 lGng County Assessoes Map Indicating Site4 Landscape Plan, Conceptu214 Landscape Plan, Detailed 4 Legal Description 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cerds (one per monument) i Neighborhood Detail Map 4 Parking, Lot Coverage & Landscaping Analysis 4 Pian Reductions (PMTs) 4 Post Office Approvals This requirement may be waived by: 1. Property Services PROJECT NAME: 2. Public Works Plan Review 3. Building DATE: �✓'f 4. Planning H:%CED%Data%Fa7ne-TOmpfates45ef6Help HandmtsV2kmingW alv&mfstbmlttairegs pgrpp r PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Plat Name Reservation 4 Preapplication Meeting Summary4 Public Works Approval Letter 2 Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2AND 4 Stream or Lake Study, Standard 4 Stream. or Lake Study, Supplemental Stream or Lake Mitigation Plan Street Profiles 2 Title Report or Plat Certificate 4 Topography Map3 Traffic Study z Tree Cutting/Land Clearing Plan 4 Urban Design Regulations Analysis; Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands ReportlDelineation 4 Wireless: Applicant Agreement Statement 2AND 3 Inventory of Existing Sites 2AND 3 Lease Agreement, Draft 2AND 3 Map of Existing Site Conditions 2AND3 Map of View Area 2 AND 3 Photosimulations 2,a,,1D3 This requirement may be waived by: 9. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: Ti \j DATE: ,�r H:10ED%Dato1Fumm-TwMlitaskSelf-Help Hsndau�4P!an�ir.�lvraNero!sub�itieln 08109 PREAPPLICATION MEETING FOR HIGHLAND TOWNHOMES PRE 13-000458 CITY OF RENTON Department of Community & Economic Development Planning Division May 3.2013 Contact Information: MAR p 7 2114 Planner: Rocale Timmons, 425.430.7219 - Public Works Plan Reviewer: Rohini Nair, 425.430.7298 CITY 0,x Fire Prevention Reviewer: Corey Thomas, 425.430.7024 Building Department Reviewer: Craig Burnell, 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet: when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre -application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator,'Public Works Administrator and City Council). FIRE & EMERGENCY SERVICES DEPARTMENT Utyof M E M O R A N D U M DATE. May 2, 2013 TO: Rocale Timmons, Senior Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: Highlands Townhomes Z6f 3Z 1. The preliminary fire flow is in the range of 2,500 to 3,500 gpm, depending on whether or not the buildings are equipped with fire sprinkler systems. A minimum of one hydrant is required within 150 - feet of each structure and three additional hydrants are required within 300 -feet of each structure. Existing hydrants may be considered for some of these requirements as long as they meet location and distance requirements. All existing hydrants do have stor fittings. Maximum available fire flow in this area is my 2,500 gpm. 2. Fire impact fees are currently applicable at the rate of $388.00 per /17' multi -family unit. Rate will increase to $418.42 per unit on January 1, 2014. This fee is paid at time of building permit issuance. V6-vT >9z- �ct� 3. Fire department apparatus access roadways are required within 150 - feet of a points on ail buildin s. Fir lane signage required for the on site roadways. Required turning radius are 25 -feet inside and 45 -feet outside. Roadways shall be a minimum of 20-f 'de. Roadways shall support a minimum of a 30 -tan vehicle and 322 -psi point loading. Dead end roadwa s oveLMDAeaLlong rPq1ji ea 90-fo9t ul- - ac type turnarourid,not the hammerhead as proposed. City ordinance requires all homes located on over 500 -feet dead end streets to be provided with �-=- an approved fire sprinkler system. This would apply to lots numbered 29 through 52. 4. Separate plans and permits required by the fire department for all buildings equipped with an approved fire sprinkler system. Buildings may be sprinklered per NFPA standard number 13D. 5. An electronic site plan is required prior to occupancy for pre -fire "ng purposes. F , ],.�,�(�1� "� S I Iae> � � aty of DEPARTMENT OF COMMUNITY D AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 1, 2013 T0: Rocale Timmons, Senior Planner FROM: Rohini Nair, Plan Reviewer SUBJECT: Highland Town Homes NE 4a' Street and Whitman Ct NE PRE 13-000458 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision -makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. Water The project is within the City's water service area in the Highlands 565 hydraulic pressure -zone. There is an existing 8 -inch water main in NE 4ffi St (water plan no. W-0240) and also an existing 8�inch water main in Whitman Ct NE (plan W-3111) that can deliver a total maximum flow rate of 2�00,m_ As such, the final fire flow demand for the subject development cannot exceed 2,500 gpm, since this is the maximum water system capacity available at this location. The static water pressure is about 75 psi at elev. 388 feet. 2. The preliminary fire flow demand for the development as determined by the Fire Prevention Department is in the range of 2,500 gpm to 3,500 gpm depending on whether or not the buildings are equipped with fire sprinkler systems. 3. The following on-site and off-site water mainimprovements will be required: a. Extension of the existing 8 -inch water main in Whitman Ct NE (see plan no. W-3111) from the end of the existing line to the south end and east end of the access road and to the east property line. b. Installation of 8 -inch minimum diameter water mains within the new interior access roads (to units 1 to 6) to the west end and south end of the roads (to units 29 to 40, and 41 to 52). c. Installation of fire hydrants as required by the Fire Department. Highlard Townhomes —PRE 13-000458 Page 2 of A Aprl 30, 2013 4. Installation of backflow prevention assemblies (DDCVA's) in vaults for the fire sprinkler system. The DDCVA shall be located outside of the buildings. Proposed location of DDCVA inside the building must be submitted to the City for approval i and shall meet the conditions of the City standard plan no. 360.5. i S. Installation of a separate domestic water meter for each town home unit is i6 required. A double check valve assembly is required behind each water meter. 6. If the existing eight water service stubs and meter boxes are not located within the road frontage of each unit to be served, then the existing services must be cut and capped at the main line and new services shall be installed in front of each unit.L This work will be done by City forces and will require separate water meter permits at the applicant's cost. j.,�. installation of a separate landscape irrigation meter and double check valve assembly is required. 8. The development is subject to applicable water system development charges and water meter installation fees based on the number and size of the meters for domestic, landscape and fire sprinkler uses. 9. Civil plans for the water main improvements will be required and must be prepared by a registered professional engineer in the State of Washington. Sanitary Sewer 1. Sewer service is provided by the City of Renton. Sewer main extension is required to serve the development. For the proposed development (without individual .lot lines for the units), only one side sewer per building is required. 2,. System development fee for sewer is based on the size of the new domestic water meter(s). 3_ Special Assessment District (East Renton Interceptor) fees are applicable and the current rate is $316.80 per unit. Storm 1. A drainage report complying with the City adopte 2009 g County Surface Water Manual and City Amendments will be required. Based on the Ci s flow control map, this site fails within the Flow Control Duration Standard (Forested Conditions). Refer to Figure 1.1.2.A — Flow chart for determining the type of drainage review required in the City of Renton 2009 Surface Water Design Manual Amendment.�jc, ivV >W to N'J 2. A geotechnical report for the site is required. Information on the water table and soil permeability with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnical engineer shall be submitted with the application. 3. Surface water system development fee is $0.448 per square foot of new impervious surface area, but not less than $1,120.00. 4. The city does not own or maintain the storm facilities that currently exist on the site. The City does not accept private storm facilities that are required for commercial projects. bkr-? "ys, as i Y Highland Townhornes —PRE 13-000458 Page 3 of 4 April 30, 2013 Transportation 1. The project proposes the development of 50 townhomes in the parcel 5182100020, Payment of transportation impact fee is applicable on the construction of the multifamily units at the time of issuance of the building permit. The current rate of transportation impact fee is $498.75 per apartment or $435.75 per condominium unit. The impact fee for this type of land use will increase on 1/1/2014 to $953.25 for apartments and $789.44 for condominiums. The transportation impact fee that is current at the time of building permit application will be levied, payable at building permit issue, 2_ Sites that generate 20 vehicle trips per hour are required to provide a traffic analysis at site plan application. The analysis shall include a discussion on traffic circulation to and from the site and onsite traffic circulation. The study shall include trip generation and trip distribution for the project for both AM and PM peak hours. Traffic analysis guidelines are attached. 3. The site gains access to the public roadway system via Whitman Ct NE. The portion of Whitman Ct NE near NE 4h Street (approximately 211 feet) is a public street and the remaining portion of Whitman CT NE is a rivate street. The private portion of Whitman Ct NE also has an access easement to serve the existing post office site. The proposed development (without individual lot lines for the units),will be accessing the existing private road (which is being improved by the City NE 4`" Street project, past the public street portion and up to the post office driveway). The cross section elements of the city project include a fully paved 32 feet wide easement for the LIP rivate portion of Whitman Ct NE with curb and gutter on both sides. The minimum easement width fora ri 26 fe-q with a minimum paved width of 12 feet, and must meet with fire department approval. Sidewalk is not required on a private street. The minimum pavement thickness required for a private street is 4 inches of asphalt over 6 inches of crushed rock. City code requires a cul-de-sac turn around for dead end streets longer than 300 feet. The turnaround must meet with fire department approval. 4. The access to the townhouse units 1 to 28, located to the west of Whitman Ct NE can be located either: a. directly opposite to the entrance loop driveway to the mailbox of the post office, or b. at a minimum of 20 feet offset from the edge of the post office driveway. 5. Street lighting is not required on a private street. (Informational comment — if the townhouse development changes from the current proposal to a project that provides individual� lots for the townhouse units, public street will be required. As per city code 4-6-060, the public street will require a minimum right of way width of 45 feet with 5 feet sidewalk on both sides, 8 feet landscaped planter strip on both sides, and a 6 feet parking lane on one side. VUD T-6 VVN1_ 6 kf:l l� l asp.- y Highland Townhomes —PRE 13-OOD458 Page 4 of 4 April 30, 2013 General Comments 1. All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. 2, When utility plans are complete, please submit three (3) copies of the drawings, two (2) copies of the drainage report, a permit application, an itemized cost of construction estimate, and application fee at the counter on the sixth floor. DEPARTMENT OF City of COMMUNITY AND ECONOMIC . DEVELOPMENT M E M O R A N D U M DATE: May 2, 2013 TO. Pre -Application File No. 13-000458 FROM: Rocale Timmons, Senior Planner SUBJECT: Highland Townhornes NE 4th ST and Whitman Court NE General: We have completed a preliminary review of the pre -application for the above - referenced development proposal. The following comments on development and permitting issues are based on the pre -application submittals made to,the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or online at www.rentonwa.gov Project Proposal: The subject property consists of one parcel located south side of NE 0h St just east of Union Ave NE. The project site totals 107,061 square feet (2.46 acres) in area and is zoned Commercial Arterial (CA). The proposal is to develop the site with approximately 50 zero lot line townhomes. Parking is provided via private garages. Access is proposed via Whitman vU Court NE which is extended from NE OSt. There are no critical areas located on site. However, r there is a Category 2 wetland and Class 2 stream located on the abutting property to the west. v Current Use: Currently the site is vacant. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Residential Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). Zoning: The property is located within the Commercial Corridor (CC) land use designation and the Commercial Arterial (CA) zoning designation. Attached residential units are only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of 30 feet in depth along any street frontage. Residential uses shall not be located on the ground floor, except for a residential entry feature linking the residential portion of the development to the street. The proposal does not include commercial space. i:\rtimmons\preapps\13-00d458 (ca townhomes).doc Highland Townhomes Page 2 of 9 May 2, 2013 However, as part of a Planned Urban Development application the applicant would be allowed to propose residential only buildings on the southern portion of the site if the PUD review criteria described below is complied with and commercial uses are proposed as part of the proposal along NE 4m St. The property is also located within Urban Design District V, and therefore subject to additional design elements. Proposals should have unique, identifiable design treatment in terms of landscaping, building design, signage and street furniture. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). Density - The minimtun density permitted in the CA zoning designation is 10 units/net acre and the maximum density is 60 units/net acre for buildings with mixed commercial and residential use in the same building. The applicant did not indicate the amount of area within access easements and potential right-of-way dedications; therefore the net density could not be • calculated. The proposal for 93 units on the 76,615 gross square foot site (1.76 acre) arrives at a gross density of 24.35 du/ac (50 units / 2.46 acres = 20.35 du/ac). The applicant would be required, at the time of formal land use application, to provide net density calculations falling with the allowed range of the CA zoning designahon Minimum Lot Size, Width and Depth -There are no minimum requirements lot width or depth within the CA zone. However, the minimum lot size in the CA zone is 5,000 square feet_ It does not appear that the proposal would be able to satisfy the minimum lot size requirements of the CA zone every unit is located on its own lot. The lot lines of the proposal would be required to be revised in order to meet the minimum lot size requirements of the CA zone. Lot Coverage -The CA zone allows a maximum building coverage of 65 percent, or 75 percent if parking is provided within a building or within an on-site parking garage_ The applicant did not provide calculations for the footprint of all structures on site, therefore staff could not confirm compliance with the lot coverage requirements of the zone. The applicant would be required, at the time of formal land use application, to provide a lot coverage analysis. Setbacks - Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: 10 feet minimum for the front yard but may be reduced to zero feet through the Site Plan Review process provided blank walls are not located within the reduced setback; a 15 foot maximum front yard setback; and no rear or side yard setbacks unless the property abuts a residential zoned property. The proposal appears to comply with the setback requirements of the zone with the exception of units 1-6 which appear to exceed the setback requirements of the zone. Max setbacks Gross Floor Area -There is no minimum requirements for gross floor area within the CA zone. Building Height - The maximum building height that would be allowed in the CA zone is 50 feet and 60 feet for mixed use structures. It appears the proposal would meet the height requirements of the zone. if any of the proposed structures is four stories in height the proposal would be required to obtain Hearing Examiner Site Plan approval. } 1� i:`rt1mmons\preapps\13-000458 (ca townhomes).doe —7,31 - Ki V•Ls� 7-6w • Highland Townhomes Page 3of9 May 2, 2-013 Screenins — Screening must be provided for all surface -mounted and roof top utility and mechanical equipment. The site pian application will need to include elevations and details for the proposed methods of screening_ Refuse and Recycling Areas— Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclabfes Standards" (enclosed). For multi -family developments a minimum of 1 Y: square feet per dwelling unit is required for recyclable deposit areas and a minimum of 3 square feet per dwelling unit is required for refuse deposit areas. Landscaping — All portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, draught -resistant vegetative cover. The minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. Please refer to landscape regulations (RMC 4-4-070) for additional general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RMC 4-8-120D. 12, shall he submitted at the time of application for Site Plan Review. Tree Preservation — A tree inventory and a tree retention plan along with a tree retention worksheet shall be provided with the formal land use application. The tree retention plan must show preservation of at least 10 percent (10 %) of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. if the tr es cannot be retained, they may be replaced with minimum 2 inch caliper trees at a rate 1pto one. Fences — If the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. Parking—The following ratios would be applicable to the site: Use Square Footage of Use Ratio Required S. pares Residential 50 units Min: 1 space/ unit Max: 1.75 spaces / unit Min: 50 Max: 87.5 It is unclear the number of parking stalls the applicant is proposing at this time. Where practical difficulties exist in meeting parking requirements, the applicant may request a _�2� iQn from these standards. The applicant will be required at the time of formal land use application to provide detailed parking information (i.e. stall and drive aisle dimensions) and calculations of the subject site and the overali campus use. it should be noted that the parking regulations specify standard stall dimensions. For structured parking a parking stall must be a minimum of 83: feet x 15 feet; a stall that has greater than a 45 degree angle must be 8% feet x 16 feet. Structured compact stalls must have dimensions of 7Y feet x 12 feet; a stall with greater than a 45 degree angle must be 7Y feet x 13 feet. Compact structured parking spaces shall not account for more than 50 percent of the spaces in the structured parking areas. Structured parallel stall dimensions have a minimum of 9 feet x 23 feet also. i:Nrtimmons\preapps`13-000458 (ca townhomes).doc Highland Townhomes Page 4 of 9 May 2, 2013 ARA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. Additionally, the proposal would need to be revised in order to provide bicycle parking based on '/: stall per dwelling unit for a total of 25 bicycle parking stalls subject to the following standards: 1. Bicycle parking shall be provided for secure extended use and shall protect the entire bicycle and its components and accessories from theft and weather. Acceptable examples include bike lockers, bike check-in systems, in -building parking,and limited access fenced areas with weather protection. 2. For in -building bike parking and limited access fenced areas, fixed structures for locking individual bikes, such as racks, must be provided within the facility. For fenced areas, the fence shall be either six feet (6') high, or be floor -to -ceiling. 3. For attached dwellings, spaces within the dwelling units or on balconies do not count toward the bicycle parking requirement. However, designated bicycle parking spaces within individual garages can count toward the minimum requirement. Access — Driveway widths are limited by the driveway standards, in RMC 4-40801. Joint use driveways reduce the number of curb cuts along individual streets and thereby improve safety and reduce congestion while providing for additional on street parking opportunities. Joint use driveways are encouraged when feasible and appropriate. Pedestrian Access — A pedestrian connection shall be provided from all public entrances to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting properties. Building Design Standards — Compliance with Urban Design Regulations, District `D', is required. See the attached checklist and Renton Municipal Code section 4-3-100. 'rhe following bullets are a few of the standards outlined in the regulations. All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human -scale elements. • Parking shall be located so that no surface parking is located between a building and the front property line, or the building and side property line, on the street side of a corner lot. • Parking structures shall provide space for ground floor commercial uses along street frontages ata minimum of seventy five percent (75%) of the building frontage width. • Parking garages at grade shall include screening or be enclosed from view with treatment such as walls, decorative grilles, trellis with landscaping, or a combination of treatments. • The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. • Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. i:\rtimmons\preapps\13-000458 (ca townhomes).doc Highland Townhomes Page 5 of 9 May 2, 2013 • All mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide common opens space and/or recreation areas. Amount of common space or recreation area to be provided: at minimum fifty (50) square fegt per unit. • All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). • Modula Laps shall be a minimum of two feet (2' deep, sixteen feet (16) in height, and eight feet (8') in width. • on any facade visible to the public, transparent windows and/or doors are required to comprise at least fifty percent (50%) of the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.150- (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. • Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. PUD Decision Criteria The City may approve a planned urban development only if it finds that the fo requirements are met. Demonstration of Compliance and Superiority Required -- Applicants must de?onstrate that a proposed development is in compliance with the purposes of the Planned elopment and with the Comprehensive Plan. The proposed development shall bs_perior that which would result without a planned urban development and that the d pmen will not be unduly detrimental to surrounding properties. Public�Benln addition, applicants shall demonstrate that a proposed development will provide identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those. adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: 1. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or 2. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or 3. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development; or i:\rtimmonslpreapps\13-000458 (ca townhomes).doc Highland Town homes Page 6 of 9 May 2, 2013 4. Use of Sustainable Development Techniques: Design which results in a sustainable development; such as LEER certification, energy efficiency, use of alternative energy resources, low impact development techniques, etc.; or S. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following: a. rpen 5 ac Recreation: i. Provides increased open space or recreational facilities beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and ii. Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or b. Circulation/Screening. Provides superior circulation patterns or location or screening of parking facilities; or c_ Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; or d. Site and BuildingDesign- Provides superior architectural design, placement, relati nship or orientation of structures, or use of solar energy; or e,(_�Jeys: rovides alleys for any proposed single family detached, semi -attached, or wnhouse units, Additional Review Criteria — A proposed planned urban development shall alsou reviewed for consistency with all of the following criteria: 1. Building and Site Design: a. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. b. Interior Design. Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, detached, attached, townhouses, etc. 2. Circulation: a. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access and the traffic demand cwaWcLbv the_devP ment as ocumented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. i:\rtimmons\preapps\13-000458 (ca townhomes).doc Highland Townhomes Page 7 cf 9 May 2, 2013 b. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning i.�rtimmons\preapps\13-009458 (ca townhomes).doc patterns, and minimization of steep gradients. c. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. d. Provides safe, efficient access for emergency vehicles. 3. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. 4. Clusters or Building Groups -and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. 5. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit_ 6. BuildinIZ Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. 7. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows_ The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. 8. Phasing: Each phase of the proposed development contains the required parking spaces, open Space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, so that each phase, together with previous phases, can stand alone. 1. Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation. Requirements for residential, mixed use, commercial, and industrial developments are described below. a. Residential: For residential developments open space must equal at least ten percent (10%) of the development sites gross land area. Open space may include, but is not limited to, the following: �— i. A trail that allows opportunity for passive recreation wit in a critical areabuffer the square footage of the trail shall be included in the open space area calculation), or ii. A sidewalk and its associated landscape strip, when abutting the edge of a critical area buffer and when a part of a new public or private road, or i.�rtimmons\preapps\13-009458 (ca townhomes).doc Highland Townhomes Page 8 of 9 May 2, 2013 iii. A similar proposal as approved by the Hearing Examiner. 2?-0b�b. Additionally, a minimum area equal to fifty (50) square feet per unit of common space or recreation area shall be provided in a concentrated space. c_ Stormwater facilities may be incorporated with the open space, common space or recreation area on a case-by-case basis if the Hearing Examiner finds: --fid. The stormwater facility utilizes the techniques and landscape requirements set forth in The Integrated Pond, icing County Water and Land Resources Division, or an equivalent manual, or ,->e: The surface water feature serves areas outside of the planned urban development and is appropriate in size and creates a benefit. Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit. The private open space shall be well demarcated and at least fifteen feet (15') in every dimension (deLkson Uper floors_can substitute for the required private open space. For dwelling units which are exclusively us er story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet {5'). (Ord_ 5571, 11-15-2010) There appears to be no critical areas on site. if there is any indication of critical areas on the site, this must be disclosed to the City prior to development and appropriate studies must be undertaken. FThoRibera Balko mitigation project, abutting the site, has not satisfied its performance rements therefore the sureties have not been returned and currently the project is being rded to our Code Compliance Division. LNM Environmental Review,�� i^ Environmental (SEPA) Review is required for projects nine residential units or greater, or on sites that contain critical areas. Therefore SEPA would be required. Permit Requirements Q Thepr sed subdivision w require Preliminary Planned Urban Development (APUD Revie lite Plan Review ar4d'Environmental SEPA view. All land use permits would be Q processed within an estimated time frame f 12 weeks.1 The application fee for SEPA Review (Environmental Checklist) is $1,000 and the Site Pian R view Fee is $1,000. The fee for the PPUD is $2,000 and the fee for a Preliminary Plat is $4,000. A 3% technology fee would also be Set? - assessed at the time of land use application. Detailed information regarding the land use 3L(?$ 1� application submittal is provided in the attached handouts_ In addition to the required land use permits, separate construction n i rmits w uld be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. -Pt,—) Once Preliminary Planned Urban Development approval is obtained, the applicant must complete the required improvements and dedications, as well as satisfy any conditions of the is\rtimmons\preapps\13-000458 (ca townhomes).doc Highland Townhomes Page 9 of 9 May 2, 2013 preliminary approval before submitting for al PUD review. The developer shall, wi Finthin 2 years of the effective date of action by the Hearing Examiner to approve the preliminary plan, submit to the Planning Division a final development plan showing the ultimate design and specific details of the proposed planned urban development or the final phase or phases thereof. Upon application by the developer, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of 12 months. Impact Mitigation Fees: In addition to the applicable building and construction fees, the following impact fees would be required prior to the issuance of building permits: • A Fire Mitigation fee currently assessed at $388.00 per new multi -family unit. A Transportation Mitigation Fee currently assessed at $435.75 per new multi -family unit. A Parks Mitigation Fee currently assessed at $354.51 per multi -family unit. + A School District Impact Fee currently assessed at $1,274 per new multi -family unit. Fees will change January 1, 2014. A handout listing all of the City's Development related fees is attached for your review. 1:\rtimmons\preapps\13-000458 (ca townhomes).doc March 7, 2014 Rocale Timmons City of Renton - Current Planning Senior Planner 1055 South Grady Way Renton, WA 98057 r. 171, �� J Job No. 1799-001-014 RE: Whitman Court LIAR 0 7 �� 14 Preliminary Plat, PPUD, and Site Plan Applications CITY {) . Dear Rocale: With this letter and accompanying materials, ESM Consulting Engineers, on behalf of Lozier at Whitman Court, LLC and Washington National bank, is submitting applications for a Preliminary Plat and a Preliminary Planned Urban Development for the Whitman Court project in the City of Renton. Whitman Court PPUD is comprised of King County tax parcel numbers 518210-0020, - 0021 and -0022, which include approximately 5.1 acres of CA -zoned (Commercial Arterial) property in the City. These three parcels (Lots 1, 2 and Tract A) were created with the Ribera-Balko short plat, recorded in April of 2009. This development will be proposed based on the development standards as they were when the project vested for the Ribera- Balko Short Plat Washington State Supreme Court has firmly established that a subdivision vests the right to develop land, not merely to divide it In Noble Manor v. Pierce County, 133 Wn.2d 269, 943 P.2d 1378 (1997), the Court determined that when an application to subdivide land sets forth a specified use, the applicant has a right to have the application for that use considered under the land laws in effect on the date of the completed application. The subdivision would vest to the land use laws that apply both to subdivision of the property and its development The project has been conceived and designed with the assurance from City staff that these vesting rights would be upheld. In particular, the stormwater facilities constructed on the site and the sensitive area tract platted as part of the short plat that was approved and recorded in 2009. The stormwater facility was designed, approved and constructed in accordance with City standards in effect at the time of the short plat approval. It is our intention that these facilities will be brought up to operating standards and deeded to the City of Renton for permanent maintenance and operation as part of the final plat/final PUD ESM Federit Way ESM Everett l Erg�ner r; ..,r t' 33400 8th Ave S. Ste 205 1010 SE Everett Mall Way, Ste 210" ' Federal Way. WA 98003 Everett. WA 98208 253.838.6113tel 425.297.9900 tel 800.745.5694 tall free 666.815.61441011 tree 253.838.7104 fax 425.297.9901 fax Rocale Timmons March 7, 2014 Page 2 process. But no further improvements will be required; no retrofitting or auxiliary facilities will be required to be constructed. Similarly, as part of the same short plat approval, the wetland in Tract A was delineated, buffers were established and the tract was platted as an NGPE. The current application proposes to maintain, monitor and upgrade the value and function of this area through the PPUD process. However, we have made it clear that the project will not alter, degrade or negatively impact the wetland in Tract A; the wetland limits and its buffer established in the short plat will remain. The project is proposing to construct a new bank site, along with a total of 40, single- family attached units on fee -simple lots. These 40 units will be contained within ten separate buildings (2 duplexes, 2 3-plexes, 2 4-plexes, 2 5-plexes and 2 6-plexes). Amenities will include an outdoor recreation area with a covered gazebo in the northern portion of the site, a central courtyard in the southern portion, and a soft -surface trail within the wetland buffer. The bank will be situated along the projects frontage on NE 4th Street A series of public and private roads and driveways will provide access, and public utilities will be extended throughout the site to serve each unit Stormwater will be collected in a public system and directed to the existing stormwater pond that was constructed with the Ribera-Balko short plat and sized to accommodate development of this property. The following Project Narrative is provided in order to meet the submittal requirements of the Preliminary Plat and Preliminary Planned Unit Development applications; • Project name, size and location of site: Whitman Court is 5.1 acres in size and located at the southwest comer of NE 4th Street and Whitman Court in the Renton Highlands neighborhood. • Land use permits required for proposed project: The project requires approval of a Preliminary Plat and a Preliminary Planned Urban Development • Zoning designation of the site and adjacent properties: The site is zoned CA (Commercial Arterial). CA -zoned properties surround the project on the north, east and west and R-10 zoning is located directly to the south. • Current use of the site and any existing improvements: The site is currently vacant with the exception of utilities and a stormwater pond. • Special site features (i.e. wetlands, water bodies, steep slopes): A stream and wetlands exist on site that were previously delineated and preserved within Tract A of the prior, underlying short plat. Tract A is an NGPE that was determined by a mitigation plan prepared by Shannon & Wilson Associates and approved by the City of Renton on 04/04/2007. The mitigation plan was part of the Ribera Balko short plat project recorded on 04/09/2009. However, the performance requirements of the mitigation project were never satisfied. Maintenance was abandoned approximately 2 years into the project and subsequently has fallen into disrepair. As part of the PPUD application, we will propose to rehabilitate this natural feature in accordance with the approved mitigation plan. Deferred maintenance will be brought current, invasive plants Rocale Timmons March 7, 2014 Page 3 will be removed; dead plants will be removed and replaced with fresh stock The NGPE fencing will be restored and moved to align with the actual NGPE boundary. Monitoring, maintenance and the appropriate sureties will be proposed as part of the project Statement addressing soil type and drainage conditions: The site contains Vashon Recessional Outwash, Vashon Lodgement Till, and fill material according to the geotechnical report prepared by Associated Earth Sciences, dated December 16, 2013. The site is relatively flat; however, the general drainage pattern is surface flow into the existing pond and wetland buffers located in the southwest portion of the site. • Proposed use of the property and scope of the proposed development:. The project is proposing to develop a stand-alone, 2,657 sf bank with drive-thru facilities and 15 parking stalls, along with a single-family attached residential neighborhood of 40 units on fee -simple lots with an additional 6 -space parking area and amenities. Garages will be provided for each unit and will consist of side-by-side and tandem parking arrangements. Lots 29-33 will be side-by- side configured and the remaining lots will use tandem garages. • For plats indicate the proposed number, net density and range of sizes (net lot area) of the new lots: The 40 residential lots represent a net density of 11.14 units per acre and range in size from 814 sf to 1,797 sf. The commercial lot is 30,074 sf. • Access: Access will be derived from the existing Whitman Court roadway on the eastern boundary of the project, and by extending it southerly into the project Whitman Court intersects NE e Street to the north. • Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.): The project is proposing to install water and sewer mains into the site to service the new development, and will install frontage improvements along Whitman Court, consisting of curb and gutter, a planter strip, and sidewalks. • Total estimated construction cost and estimated fair market value of the proposed project: The total estimate construction cost is approximately $12 Million and the fair market value of the resulting units will depend on the market at the time they are completed. At this time it is assumed that they would be medium -income units. Estimated quantities and type of materials involved if any fill or excavation is proposed: The purpose of proposed grading/filling will be to accommodate the construction of proposed building and roads. prepared as part of the clearing and grading as follows: Cut; 1,800 CY Fill: 8,500 CY ROW Section: net cut 1,800 CY Net fill (neat line): 4,900 CY Final fill/grade quantities will be permit. Preliminary estimates are Rocale Timmons March 7, 2014 Page 4 Number, type and size of any trees to be removed: The site contains 16 significant trees; however, most of these trees are alder species and all are proposed to be removed with the project Please refer to the Preliminary Landscape Plans and the Tree Retention Worksheet for further detail. The landscape plan proposes in excess of 50 trees for the site and will more than adequately meet the minimum planting replacement requirement • Explanation of any land to be dedicated to the City: The project will dedicate right-of-way, including the extension of Whitman Court to the south, as well as the interior loop roads. • Any proposed job shacks, sales trailers, and/or model homes: It is anticipated that upon substantial completion of the project's infrastructure, construction of model homes will begin. The total number of model homes to be constructed prior to recording of the final plat are yet to be determined. • Any proposed modifications being requested (include written justification): Please see the separate PUD justification included with the submittal materials. • Distance in feet from the wetland or stream to the nearest area of work: The prior short plat that established the underlying Tract A included appropriate buffers for the protection of the critical areas on site. The boundary of Tract A will not change; however, the project is proposing to create a soft - surface trail within the wetland buffer. This trail will be primarily located in the outer portion of the critical area buffer and is estimated to be approximately 650 linear feet. The trail will be 4' wide and the surface will likely be wood -chip or another soft surface for pedestrian use only. At 4' wide the trail provides the minimum width necessary for pedestrian use and avoids any unnecessary encroachment or impact to the wetland buffer. The approximate location of and number of residential units, existing and potential, that will have an obstructed view In the event the proposed project exceeds a height of 35 -feet above the average grade level: The residential units proposed will not exceed a height of 35' above the average grade level. The following application materials are included with this cover letter and narrative. Where submittal materials overlap, we have not included duplicate materials. 1. Pre -Application Meeting Summary and Waiver Form; 2. Title Report; 3. Land Use Permit Master Application Form; 4. SEPA Environmental Checklist; 5. Project Narrative (this letter); 6. Draft Legal Documents; 7. Setback and Road Modification Request; 8. PUD Decision Criteria Compliance Narrative; 9. Urban Center Design Report (assistance from GMS); 10. Plat Name Reservation; 11. Construction Mitigation description; 12. Affidavit of Public Notice Sign Installation; 13. Density Worksheet; Rocale Timmons March 7, 2014 Page 5 14, Neighborhood Detail Map; 15. Tree Retention Worksheet; 16. Geotechnical Report; 17. A Stormwater Runoff Analysis; 18. Traffic Study; 19. Preliminary Plat Drawings: a. Preliminary Plat Site Plan; b. Conceptual Landscape Plan; c. Boundary and Topographic Survey; d. Tree Cutting/Land Clearing Plan; e. Generalized Utilities Plan; f. Conceptual Grading Plan; g. Drainage Control Plan; and h. Street Profile Plan; 20. Additional Preliminary PUD Drawings. a. Residential Architectural Elevations; b. Residential Floor Plans; 21. Additional Site Plan Drawing Set: a. Commercial Site Plan; b. Commercial Architectural Elevations; c. Commercial Floor Plans; 22, Plan Reductions; and 23. Colored Maps for Display. We understand that these items represent a complete list of required materials and the applications will be deemed complete for processing upon intake. We look forward to working with you through the City's review and approval process. Should you have any questions, or require additional information, please contact me directly at 253-838-6113. Sincerely, ESM CONSULTING ENGINEERS, LLC. EVAN MANN Project Planner Enclosures CC: Paul Ebensteiner, Lozier Homes (w/enc.) t1esm81eng6esm-jobs1179910011013WocumenNetter-001.doc March 7, 2014 K Job No. 1799-001-014 Ms. Rocale Timmons City of Renton - Current Planning Senior Planner 1055 South Grady Way Renton, WA 98057; , N RE: Whitman Court Preliminary Planned Unit Development (PPUD) Compliance Statement Dear Rocale: This letter serves as the narrative statement addressing the project's compliance with each of the Preliminary Planned Urban Development (PPUD) decision criteria. As a preliminary matter, we would note that the Washington State Supreme Court has firmly established that a subdivision vests the right to develop land, not merely to divide it In Noble Manor v. Pierce County, 133 Wn.2d 269, 943 P.2d 1378 (1997), the Court determined that when an application to subdivide land sets forth a specified use, the applicant has aright to have the application for that use considered under the land laws in effect on the date of the completed application. The subdivision would vest to the land use laws that apply both to subdivision of the property and its development. Noble Manor, 133 Wn.2d at 283. Otherwise, the landowner is afforded no protection if all the landowner has is the right to divide the land. Id., 133 Wn2d at 278; See also, Association of Rural Residents v. Kitsap County, 141 Wash.2d 185, 4 P.3d 115 (2000). The project has been conceived and designed with the assurance from City staff that these vesting rights would be upheld. In particular, the stormwater facilities constructed on the site and the sensitive area tract platted as part of the short plat that was approved and recorded in 2009. The stormwater facility was designed, approved and constructed in accordance with City standards in effect at the time of the short plat approval. It is our intention that these facilities will be brought up to operating standards and deeded to the City of Renton for permanent maintenance and operation as part of the final plat/final PUD process. But no further improvements will be required; no retrofitting or auxiliary facilities will be required to be constructed. Similarly, as part of the same short plat approval, the wetland in Tract A was delineated, buffers were established and the tract was platted as an NGPE. The current application proposes to maintain, monitor and upgrade the value and function of this area through the PPUD process. However, we have made it clear that the project will not alter, degrade or negatively impact the wetland in Tract A; the wetland limits and its buffer established in the short plat will remain. el ESM Federal Way ESM Everett '" IV I Erg"er.rirg Land 33400 9th Ave S. Ste 205 1010 SE Everett Mall Way, Ste 210 Federal Way. WA 98003 Everett. WA 98208 ��'° 5„rveyn� Lardb;.aufr Archie��aa 253.030.6113 tel 625.297.9900 1e1 3t: �asc� 5cnrring 3IS 800.345.5694 tall free 866.415.61441x11 free .ti v:rr esrr,:ri: car 253.838.7104 fax 425.297.9901 fax Ms. Rocale Timmons March 7, 2414 Page 2 We are requesting modifications in the following areas through the use of a PPUD: • Commercial and residential uses in separate buildings in the CA zone • Lot dimensions • Lot Coverage • Setbacks • Refuse and Recyclables Collection Sites • Road Standards Below you will find the existing development standards listed in bold below with our responses in italics listing out the modification we are requesting and how it is superior or sufficiently meets the intent of the land use code. A Land Use HMG 4-2-060 Zoning Use Table Section C RMC 4-2-080 All8 Only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Residential uses shall not be located on the ground floor, except for residential entry features unless determined through the site plan review process that a particular building has no street frontage. Through the use of the PPUD the applicant proposes to have separate commercial and residential uses on the Whitman Court campus. Due to the shape of the site the majority of the properly does not have frontage along NE 4''' St The proposal is to develop a commercial site that will utilize the frontage of NE 4'' St The remaining property without frontage will be developed into attached single family units. The property has approximately 272 linear feet of frontage of which approximately 1/4 is encumbered in a critical area tract that can't be developed. The remaining developable property extends to the south and then to the east in an "L" shape. The unique shape and additional limitation from on-site critical areas limit the potential for a fully commercial use. There is not sufficient room on the south and eastern extents of the properly to accommodate a larger commercial development. Ms. Rocale Timmons March 7, 2014 Page 3 The proposal will be consistent with other developments in the area. Many of the adjacent properties along NE 4`" Street have developed in similar manner with commercial property utilizing the frontage and filling the remaining property with residential multi -family development This can readily be seen to the east at the intersection of NE 4`h St and Bremerton Avenue. On both sides of Bremerton Ave to the south of NE 4`h St the properties have been developed with commercial uses taking advantage of the frontage and then using the remaining non -frontage property for residential townhomes. This is also evident to the west at the intersection of NE 4'' St and Union Ave. This development is consistent with the following Renton Comprehensive Plan Land Use Element policies: Policy LU -255. Commercial Arterial zoned areas should include an opportunity for residential uses and office as part of mixed-use development This proposal provides both commercial and residential uses in a mixed-use format that is consistent with the surrounding developments. The commercial use will utilize the valuable street frontage while the residential use will utilize the remaining property without frontage. The commerciaUbank use relies on the highly visual street frontage for customer recognition and easy access for business. Signage will be an important element of that use. The residential use is ancillary to the commercial use and is not dependent on the high traffic or visibility like the commercial use. However, the close proximity to amenities and public transit make the residential use in this location highly desirable. Policy LU -268. Public amenity features (e.g. plazas, recreation areas) should be encouraged as part of new development or redevelopment A small recreation tract with an architectural feature with landscaping and plazas has been provided in a location that both the public/bank users as well as the homeowners will be able to easily access. The project is proposing to create a soft - surface trail within the wetland buffer. This trail will be primarily located in the outer portion of the critical area buffer and is estimated to be approximately 650 linear feet The trail will be 4' wide and the surface will likely be wood -chip or another soft surface for pedestrian use only. At 4' wide the trail provides the minimum width necessary for pedestrian use and avoids any unnecessary encroachment or impact to the wetland buffer. The trail will connect to the existing pedestrian facilities on NE 4`h St and will meander south along the western edge of the plat. It also will incorporate a lookout from which the public will be able to observe the wetlands and the natural areas There is also the possibility of some interpretive signage along the trail. The overall design of the plat and the proposed trail system are optimized for pedestrian access and connectivity. B. Lot Dimensions Ms. Rocale Timmons March 7, 2014 Page 4 RMC 4-2-120A Lot Dimensions DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS CA LOT DIMENSIONS Minimum Lot Size for lots created after Nov. 10, 2004 5,000 sq. ft. The residential lots proposed as part of this project will range in size from 814 SF to 1,497 SF. These lots are smaller than 5,000 SF as required by the development standards for the CA zone. The applicant seeks to use a smaller lot size to meet minimum density requirements while still providing home ownership opportunities with the city. The proposed lot sizes are consistent with the following Renton Comprehensive Plan Land Use Element policies: Policy LU -9. Encourage infill development as a means to increase capacity for single-family units within the existing city limits. This is an infill development that is proposing small lot single family homes within the City of Renton. With the proposed lot sizes and density the project will increase the overall capacity for single-family units. While this proposal does not maximize density it provides a housing product that is consistent with the surrounding residential developments and uses. Policy LU -146. Small -lot, single-family infill developments and plats should be supported as alternatives to multi -family development to both increase the City's supply of single-family detached housing and provide homeownership opportunities. This project is providing a small -lot single-family attached development in a townhome style that will provide homeownership opportunities within the City. Ms. Rocale Timmons March 7, 2014 Page 5 C. Lot Coverage RMC 4-2-120A Lot Coverage DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS CA LOT COVERAGE Maximum Lot Coverage for Buildings 65% of total lot area or 75% if parking is provided within the building or within an on-site parking garage. The lot coverage varies for the proposed lots. The lowest percentage of coverage will be on the commercial/bank site with approximately 8.83% building coverage. For the residential lots the coverage ranges between 31.89% and 70.86%. These lot coverage percentages are below the allowed 75% when parking is provided within the building. All of the proposed residential lots will have required parking in the garages of the structures and will be allowed to propose up to 75% coverage. The request for a modification to exceed the 75% coverage is to ensure that the housing type and lot sizes we propose will work if any changes are required that would adjust lots or product type. D. Setbacks RMC 4-2-120A Setbacks DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS CA SETBACKS Minimum Front Yard" 10 ft. The minimum setback maybe reduced to 0 ft. through the site plan development review process, provided blank walls are not located within the reduced setback. Maximum Front Yard" 15 ft.15 Ms. Rocale Timmons March 7, 2014 Page 6 Minimum Side Yard 10 ft The minimum setback may be reduced to 0 ft. through the site plan Along a Street" development review process, provided blank walls are not located within the reduced setback. Minimum Freeway 10 ft. landscaped setback from the property line. Frontage Setback Minimum Rear Yard" None, except 15 ft. if lot abuts a residential zone, RC, R-1, R-4, R-8, R-10, R-14, or RM -F. Minimum Side Yard" None, except 15 ft. if lot abuts or is adjacent to a residential zone, RC, R-1, R-4, R -S, R- 10, R-14, or RM -F. The majority of the lots meet the setback requirements as established in the City of Renton Development Standards. However, there are 2 lots that vary from the standards Lot 41 (Commercial Lot) - This lot meets all requirements for side and rear lot setbacks. However, the bank is setback from the road approximately 28.5 feet which exceeds the maximum front yard setback of 15 feet The building is setback from NE 41'' St to allow for a drive lane as associated with the drive-thru bank teller that is proposed. Lot 34 - This lot is situated in the southeast corner of the property and adjacent to residential uses to the south and east. The minimum side yard setback when adjacent to a residential zone is 15' Currently the proposed building will be setback approximately 10'. As the uses are both residential we have proposed a reduced setback In addition, there will be a substantial difference in grade between this lot and the adjacent properties to the south that will further reduce any impacts. E. Refuse and Recyclables RMC 4-4-090 A All new developments for multi -family residences, commercial, Industrial and other nonresidential uses shall provide on-site refuse and recyclables deposit areas and collection points for collection of refuse and recyclables in compliance with this Section. The proposal will provide an on-site refuse and recyclables deposit area for the commercial bank site. However, for the residential lots the applicant is proposing individual curb -side pickup. Adequate roadway will be provided for the refuse service provider to access and pickup the garbage and recyclables. Garbage enclosures introduce extra maintenance, service, and costs to the HOA and are overly burdensome to the future home owners The applicant will work with the Solid Ms. Rocafe Timmons March 7, 2014 Page 7 Waste Coordinator, Linda Knight, and the local refuse service provider to ensure curb -side pickup will meet all the needs of the City and the plat. F. Road Standards RMC 46-060 F.2 Minimum Design Standards Table for Public Street and Alleys Please see the Preliminary Street Profiles found on Sheet 6 of the submitted plans for a visual representation of the proposed roads, alleys, and drives. Overall, the intent of the modifications to the road standards was to minimize the road sections and to optimize or accentuate the pedestrian facilities. Through the use of modified road sections the roads are scaled in a way that reduces the emphasis on vehicular traffic and encourages more pedestrian connection via sidewalks and trails. The site plan demonstrates both a strong internal pedestrian network and connectivity to the existing street walkways. Every townhome has a direct pedestrian linkage to the internal system which then connects to the sidewalks of the adjoining streets. The overall pedestrian environment is further enhanced with a safe, convenient and direct connection to the adjacent commercial services via lighted pedestrian crossings on NE 4th Street and the connections to public transportation available on NE 4th Street. Direct access to the soft trail proposed in the Tract A buffer also provides a unique eco -friendly linkage for the residents and general public which further supports the intent of the Urban Center District Whitman Court NE - Whitman Court NE is the main road by which the entire site will take access from NE 4"' St it is proposed as a 45' wide modified Limited Residential Access street This will include a 5' side wally two 10' drive lanes, 6 parking, 8' planter, and another 5' of sidewalk This modification will remove the 8' planter strip from one side and increase the drive lanes from a total width of 12' to a total width of 20'. The removal of the planter strip on one side, and increase in the width of the drive lanes will better accommodate emergency access to and from the site. Road A - Is a short road section that extends west from Whitman Ct NE just south of the commercial/bank site. The' total width of the right of way (ROW) will be 35' This will include a 25' wide paved drive lane with 5' sidewalks on both sides. This road will serve as a primary access point to the bank site and by a connection to Road B it will serve as one of two access points for lots 1-20. Road B - Road B will serve as primary access for lots 1-20. it extends south from an intersection with Road A and then turns 90 degrees to the east and connects back with Whitman Ct. The proposed ROW width is 20.5: This includes 14' of drive lane with vertical curb on the east side and rolled curb with a 5' sidewalk on the west side. Road C - Road C will serve as primary access for lots 21-28 and lots 34-40. This road extends east from an intersection with Whitman Ct NE/Road D. It turns 90 degrees to the south and ends in the southeast corner of the property where it turns into Road D. Together Road C and D provide a loop in the southeast corner of the property. The proposed ROW width for Road C is 20.5'. There are two street sections that will be used along the length of Road C. For approximately 182 linear Ms. Rocale Timmons March 7, 2014 Page 8 feet the section will include vertical curb on one side, 15' of drive lane, and a 5' drivable walkway on the other side. For the remaining 82 linear feet the road section will be the same as Road B with 14' of drive lane with vertical curb on one side and rolled curb with a 5'sidewalk on the other. Road D - Road D will provide primary access to lots 29-33. This road is the extension of Whitman Ct NE into the southern extent of the site. it turns to the east where it ends as part of the loop formed with Road C Road D utilizes the same two road sections as Road C. For approximately 215 linear feet the section will include vertical curb on one side, 15' of drive lane, and a 5' drivable walkway on the other side. For the remaining 84 linear feet the road section will include 14' of drive lane with vertical curb on one side and rolled curb with a 5'sidewalk on the other. Tract B, C, & D - These tracts will serve as alley access to 16 of the proposed lots. They will provide access as follows: • Tract B: 15-20. This access tract will be 14' wide with 12' feet of paved drive lane and vertical curb on both sides of the paved drive lane. • Tract C. 1-4. This access tract will be 14' wide with 12' feet of paved drive lane and vertical curb on both sides of the paved drive lane. • Tract D.- 5-10. This access tract will be 16' wide with 12' feet of paved drive lane and vertical curb on both sides of the paved drive lane. All proposed alleys meet the minimum requirement for paved roadway width. Tract H - is a pedestrian greenway that will provide front access to lots 7-10. Tract L - is a pedestrian greenway that will provide front access to lots 21-33. While the vehicle access to the homes will be directly from Road C and D the fronts of the homes will be oriented to the pedestrian greenway. As such, Roads C and D will perform an alley function for these homes and the greenway will provide a pedestrian style streetscape and frontage for the homes. 2. Public Benefit Required: In addition, applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development; particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development, A Critical Areas: See Natural Features response below. B. Natural Features: Tract A of the underlying short plat includes a NGPE that was established by a mitigation plan prepared by Shannon & Wilson Associates and approved by the City of Renton on 04/04/2007, and subsequently recorded on 04/09/2009. The performance requirements of the mitigation project were never satisfied. Vegetation maintenance was abandoned approximately 2 years into the project and this critical area buffer has subsequently fallen into disrepair. As part of the PPUD application, the project proposes to rehabilitate this natural feature and add a soft -surface trail as an amenity to the development Deferred Ms. Rocale Timmons March 7, 2014 Page 9 maintenance will be provided, including removal of invasive and dead plant materials and replanting fresh, native plant stock The NGPE fencing will be restored and moved to align with the actual NGPE boundary. Monitoring, maintenance and the appropriate sureties will be included as part of this project. As part of our proposal there will be significant enhancement and replanting in the wetland buffer and throughout Tract A The planting of native wetland plants coupled with the removal of the invasive species will improve the overall quality of the wetland. Also by maintaining and monitoring the wetland area the applicant will ensure the success of the wetland as a permanent amenity to the public. The hydrology of the wetlands is maintained by numerous sources. That will continue to feed the wetlands. in particular the wetlands are recharged by a small stream that flows through. Please see the approved Wetland Assessment and Mitigation Plans that were prepared by Shannon & Wilson. C. Public Facilities: The project is proposing to complete maintenance of the stormwater facilities that currently exist on site. It is our intention that these facilities be brought up to operating standards and deeded to the City of Renton for permanent maintenance and operation with appropriate sureties. D. Overall Design: i. Open Space/Recreation: For residential developments, open space must equal to at least ten percent of the site's gross land area. Lot A will remain a critical area and buffer, consisting of 77,867 sf The entire site contains 223,073 sf; therefore, Lot A is approximately 35% of the gross land area, which is significantly over the 10% requirement This calculation doesn't include the additional internal open space located in Tracts L and F. A trail within Lot A allows opportunity for passive recreation within the critical area buffer. The project proposes a 4' wood chip trail between 700 and 800 linear feet through the easterly side of the buffer in Lot A The trail will provide approximately 4,800 sf of passive recreation space allowing for bird viewing and walking. A minimum area equal to fifty square feet per unit of common or recreation area shall be provided in a concentrated space. The required area should be a minimum of 2,000 sf, (40 resident lotsfunits at 50 sf per unit). Tract F, consisting of approximately 2,700 sf will be a central multi- purpose common area and will exceed this requirement All of the units in the SE comer of the site will have pedestrian access to the central walkway and courtyard designated as Tract L This open space will be approximately 6'-10' wide and 160' long and will contain about 3,200 sf. Private Open Space. Each unit will have usable private open spaces. As part of the PPUD application, standard designs for private open spaces Ms, Rocale Timmons March 7, 2014 Page 10 will be proposed to meet the townhouse concept of the project and unit orientation. The private open space will likely be in the form of private backyard or spaces with the potential for landscape screening or fencing to create enclosures that would be attractive to families with children or pets ii. Circulation/Screening: A standard project would likely have to use a cul-de-sac in order to provide access to the southeastern portion of the site due to the limited depth of land in this portion of the project The proposed design utilizes a reduced right-of-way width and reduced building depths to provide a looped street system which is a superior circulation pattern to a dead end cul-de-sac. iii. Landscaping/Screening: Please see the landscape plans as prepared by Altmann Oliver Associates. Landscaping has been provided along streets and in tracts to allow for some privacy screening and to beautify the plat No formal screening is proposed as the uses on the site and adjacent sites are compatible and will not require screening. iv. Site and Building Design: Under the current zoning (CA), the minimum lot size is 5,000 sf, which precludes attached townhome units from being able to be sold to future homeowners as fee -simple townhomes. The building setbacks of the zone also preclude the proposed configuration and would likely result in a lower density development, or a multi -family style development that would not necessarily fit with the single-family homes located to the south of this site. The residential portion of the site will be developed at a density of 11.14 dwelling units per acre. While this is lower than the maximum allowable density of 60 dwelling units per acre it is still above the minimum requirement of 10 DU/AC The applicant is proposing the lower density in this area as it is consistent with the surrounding uses and developments. This development allows for high density while still offering home ownership opportunities. The project's commercial use (a bank) is situated along the arterial frontage, providing, a buffer between the residential units and the vehicular traffic on NE 4`h Street The residential units located behind the bank are situated so that each unit fronts at least one area of public or private open space. V. Alleys: The project is proposing to provide access to 16 of the proposed 40 units directly off of private alleyways (Tracts B, C and D) and the remaining units will gain access off of reduced public rights -of -ways The public rights -of - ways are being reduced in width to resemble an alleyway; however, they have been designed to provide a 20' -wide drivable surface in order to meet fire code requirements. Lots 21-33 are designed in a manner that Ms. Rocale Timmons March 7, 2014 Page 11 will provide rear access from the reduce roads with the front of the homes oriented to Tract L which is a pedestrian greenway. As such these units will function as if they were alley load. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: A Building and Site Design: i. Perimeter: The northern perimeter of the development includes the bank site which is designed to interface with iVE 4th Street The western perimeter is a critical area and buffer with a proposed soft -surface trail and new landscaping. The property to the south is a single- family detached development that sits approximately 6' to 8' higher than the proposed development Please refer to the Design Standard Checklist prepared and submitted with this application for additional details. ii. Interior Design: The interior design of the development is described in greater detail in the Design Standard Checklist prepared and submitted with this application. B. Circulation: This project is proposing to sell fee -simple homes on platted lots. As part of that goal, we are proposing modified roadway sections and requesting that the modified roadways be accepted by the City as public rights-of-way. Overall through the use of alleys and accentuated pedestrian connectivity the plat will be considered a pedestrian oriented development Some of the lots will be accessed in a true "alley" configuration and others, as stated above, will have access from the roads but will function as alley load units. The site design incorporates two types of internal roadways. The main roads through the site are a hybrid alley concept that is 20' in width. This road section integrates the needs and requirements for auto circulation, access to homes, pedestrian connectivity and emergency vehicle access through the site. The proposed circulation: i. Provides sufficient streets and pedestrian facilities and is not detrimental to adjacent areas ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, avoids difficult turning maneuvers, and minimizes steep gradients. Ms. Rocale Timmons March 7, 2014 Page 12 Provides a system of walkways which tie residential areas to recreational areas, transit, public walkways and commercial activities. iv. Provides safe, efficient access for emergency vehicles. C. Infrastructure and Services: The proposed infrastructure provides utility services, emergency services, and other improvements sufficient to serve the proposed development D. Clusters or Building Groups and Open Space: By placing the proposed units adjacent to the various forms of open space, it gives an appearance of openness to the homes. This is reiterated through the use of well-designed and well landscaped internal and perimeter open spaces. E Privacy and Building Separation: Please refer to the Design Standard Checklist prepared and submitted with this application for additional details. F, Building Orientation: The site design incorporates two types of internal roadways and two types of home orientation. This variety of unit types and building orientation will allow the project to be more interesting, allow for product diversity and provide more opportunities to appeal to a wider market in short, the project will not be just a series of row houses. Over half of the residential units (22 of 39) will use alley loaded garages. These standard alleys will be 12 feet in width. The standard alleys are for rear loaded garages and are not designed for pedestrian or emergency vehicle access. Many of the alley loaded units will have their front door open onto centralized greens which also provide a common pedestrian access. The other 17 units will use front loaded garages. These are necessary because of the location of the NGPE and other physical limitations of the site. Please refer to the Design Standard Checklist prepared and submitted with this application for additional details regarding orientation of the site. G. Parking Area Design: i. Design: All of the residential units have interior garages capable of parking one or two cars. The commercial site has no surface parking located between the building and the front property line. Parking has been located opposite the front door of the facility. This is an inherent relationship for a financial institution. Parking at the rear would create two entries; one at rear and one at the front. This Ms. Rocale Timmons March 7, 2014 Page 13 creates significant internal safety issues for any financial institution. U. Adequacy: The new project will provide a minimum of 2 parking spaces per home, in addition to the 6 parking spaces in Tract E. The proposed bank will offer 15 parking spaces. in total, 104 new parking spaces are proposed. it is not anticipated that any parking spaces will be eliminated. H. Phasing: The Applicant proposes to develop the project in two phases. Phase 1 will include Lots 1-20 and Lot 41. The improvements will include rehabilitation and maintenance of the storm water facility and buffer improvements within Lot A. Assuming the City of Renton approves the PPUD and Pre Plat by the 2nd Quarter of 2014, construction plans will be submitted for Phase 1 with the goal of constructing the infrastructure by the end of 2014. Residential units and the commercial bank site will start construction as soon as feasible. Construction of the Phase 2 infrastructure will commence in the spring of 2015. Construction and sale of ail residential units should be completed in 2016. Please refer to attached phasing exhibit We look forward to working with you through the City's review and approval process. Should you have any questions, or require additional information, please contact me directly at 253-838-6113. Sincerely, ESM C NSULTING ENGINEERS, LLC. EVAN MANN Project Planner Enclosures llesm8lenghesm-jobsO 799100110131document1etter-002.doc and iunop W11 HM o-l-l'i-wnOO NVVCLIHM -LV W31Z0-1 R 7S LI ur uj Ail LU ai0 r L z z LLJ -314.10 NVV"iHM- - LL 0 z 15 It Ir- �7 Wif IN. Feder Sth y, WA South, surtr 205 FedernlY�, WA 99003 MEMORANDUM TO: CITY OF RENTON FROM: EVAN MANN SUBJECT: WHITMAN COURT CONSTRUCTION MITIGATION DESCRIPTION JOB NO: 1799-001-013 DATE: 02/18/2014 The proposed Whitman Court project is a 41 lot plat with 40 townhomes and 1 bank located southeast of the intersection of Union Ave NE and NE 410 St, just west of the United States Post Office., in the City of Renton. Stormwater will be detained by a previously approved and constructed stormwater detention and water quality pond located in the southwest corner of the site. Water quality will be provided by a wetpond located in the combined detention/water quality pond. The existing site is rough graded and there is an wetland on site on the west portion of the site. The project is approximately scheduled to begin construction in May, 2014 and end in December, 2015. Construction hours of operation will follow the City of Renton Municipal Code Section 4-4- 030.C.3.b. This limits construction activities to between 7:00am and 8:00pm Monday through Friday, and 9:00am to 8:00pm on Saturdays. No work is permitted on Sundays. No special hours are proposed for construction or hauling for this project. Construction traffic will head 1.5 miles west on NE 4th St and connect with Highway 405. Construction routes will vary depending on where the workers are coming from and where they are going. During clearing and grading, more specific haul routes will be established. Best Management Practices from the Washington State Department of Ecology Manual will be used to control dust, traffic and transportation impacts, erosion, mud, noise and other noxious characteristics. BMP's that will be used on site include, but are not limited to: BMP C10& Stabilized Construction Entrance: s BMP C120: Temporary and Permanent Seeding BMP C123: Plastic Covering BMP C140: Dust Control MAR 07 BMP C151: Concrete Handling BMP C200: Interceptor Dike and Swale# BMP C220: Storm Drain Inlet Protection BMP C240: Sediment Trap During clearing, all trees to be retained will be fenced and signed per RMC 4-4-1301.8.b, Whitman Court NE is classified as a limited residential access, There is an existing stop sign at the intersection of Whitman Court NE and NE 4th Ave. Civil Engineering + Land Surveying • Project Management • Public Works • Land Planning • Landscape Architecture Phone 253.838.6113 800.345-5694 Fax 253.838.7104 Cary of Renton TREE RETENTION WORKSHEET 1. Total number of trees over 6" in diameter' on project site: 1. 16 trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 0 trees Trees in proposed public streets 0 trees Trees in proposed private access easements/tracts 0 trees Trees in critical areas and buffers 0 trees Total number of excluded trees: 2. 0 trees 3. Subtract fine 2 from line 1: 3. 16 trees 4. Next, to determine the number of trees that must be retained4, multiply line 3 by: 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. 0.80 round to 1 trees 5. List the number of 6" or larger trees that you are proposing5 to retain 4: 5. 0 trees 6. Subtract line 5 from line 4 for trees to be replaced: 6. 1 trees (If line 6 is less than zero, stop here. No replacement trees are required). 7. Multiply line S by 12" for number of required replacement inches: 7. 12 inches 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. 2_ inches per tree 9. Divide line 7 by line 8 for number of replacement trees6: (if remainder is .5 or greater, round up to the next whole number) 9. 6 trees Measured at chest height. 2 Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3 Critical Areas, such as wetlands, streams, floodplains and protected slopes, are defined in Section the Renton Municipal Code (RMC). w. ° Count only those trees to be retained outside of critical areas and buffers. MAR 0 Z 2014 s The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per RMC 4-4-1301-17a CITY OP RENTON 4. Inches of street trees, inches of trees added to critical areaslbuffers, and inches of trees retained on s' are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. vifvG l� ViSiON 11Esm8%enW.FSM-.P0RSI1799\001 \0 t 3',.document\TreeRetcntion W orkshcet.doc 12108 DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 223,073 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density: 32,446 square feet 3,841 square feet 32,126 square feet 2. 66,684 square feet 3. 15400 square feet 4. 3.55 acres 5. 40 units/lots 6. 11.14 =dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. `* Alleys (public or private) do not have to be excluded. MAR 7 201.4 ,,%E9m8\cngr,ESM-JOBS`,1 7 9 9100 110 131documcnttdcnsicy.doc - 1 " ti `3 •` ii''A�iQ$ PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone. 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: R F fir` F 1 V fv A, P. 0 7 G V. CITY Of TIJ-DWFON F[ANN fNIG F,IV: "k)N The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency Identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, pians and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. 1 - 06/09 %Tsm6lengt'1E$M-JOW1799 OIW13W=menfEnvinanmentalCheckhadoc A. BACKGROUND 1. Name of proposed project, if applicable: Whitman Court Preliminary Planned Unit Development 2. Name of applicant: Lozier at Whitman Court, LLC Attn: Paul Ebensteiner 3. Address and phone number of applicant and contact person: Applicant: Paul G. Ebensteiner Lozier Development, LLC 1300114# Ave SE, Suite 100 Bellevue, WA 98004 (425) 635-3938 Contact: Evan Mann ESM Consulting Engineers 334008 * Ave S, Suite 205 Federal Way, WA 98003 (253) 838-6113 4. Date checklist prepared: March 7, 2014 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): It is anticipated that the project will take approximately 6-9 months to obtain approval for the Preliminary Plat and Preliminary Planned Unit Development. The Applicant proposes to develop the project In two phases. Phase 1 will include Lots 1- 20 and Lot 41. The Improvements will include rehabilitation and maintenance of the storm water facility and buffer improvements within Lot A. Assuming the City of Renton approves the PPUD and Pre Plat by the 2nd Quarter of 2014, construction plans will be submitted for Phase 1 with the goal of constructing the Infrastructure by the end of 2014. Residential units and the commercial bank site will start construction as soon as feasible. Construction of the Phase 2 infrastructure will commence in the spring of 2015. Construction and sale of all residential units should be completed in 2016. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. There are no plans for future additions, expansions, or other activities related to this proposal. -2- 06/09 11Esn8 engAESM-JOBS11799W011013%d=rr nl%Environmental Checkllstdoc List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Wetland Delineation: Shannon & Wilson, Inc, dated 09/01/06 Final Wetland and Stream Buffer Mitigation Plan: Shannon Jac Wilson dated 03/27/07 Geotechnical Engineering Report: Associated Earth Sciences, Inc. dated 12/16/2013 Traffic Impact Analysis: Traffex dated 11/2S/2013 Preliminary Storm Drainage Report: ESM Consulting Engineers dated 02/18/14 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Concurrent applications are being prepared for a Preliminary Plat and the Preliminary Planned Unit Development. These applications are being submitted by Lozier Development, I.I.C. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary Plat Approval, Preliminary Planned Unit Development, SEPA Review, Site Development/Road and Storm Drainage Approval, Final Plat, Final PPUD, Building Permits. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The Whitman Court PPUD project is comprised of King County tax parcel numbers 518210-0020, -0021 and -0022, which include approximately 5.1 acres of CA -zoned (Commerdal Arterial) property in the City. These three parcels (Lots 1, 2 and Tract A) were created with the Ribera-Balko short plat, recorded in April of 2009. The project is proposing to construct a new bank site, along with a total of 40, single- family attached units on fee -simple lots. These 40 units will be contained within ten separate buildings (2 duplexes, 2 3-plexes, 2 4-plexes, 2 5-plexes and 2 6-plexes). Amenities will Include an outdoor recreation area in the northern portion of the site, a central courtyard in the southern portion, and a soft -surface trail within the wetland buffer. The bank will be situated along the project's frontage on NE 4th Street. A series of public and private roads and driveways will provide access, and public utilities will be extended throughout the site to serve each unit. Stormwater will be collected in a public system and directed to the existing stormwater pond that was constructed with the Ribera-Balko short plat and sized to accommodate development of this property. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site pian, vicinity map, and topographic map, if reasonably available, While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project is located in the City of Renton at 4225 NE 4th St and 351 Whitman Ct NE. The parcels are situated in the NW % of the NW X of SectioniS, Township 23 N, Range 5 E, W.M., King county, WA. PARCEL I: -3. 06109 1lEsm8lengAESM-JOBS117o9=l1013WocumentkEnvlronmentai Checknst.doc LOT 1 OF RIBERA-BALKO SHORT PLAT NO.LUA-02-129-SHPL RECORDED APRIL 9, 2009, AS RECORDING NO.20090409900002, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO.20120419001607. PARCEL II: LOT 2 OF RIBERA-BALKO SHORT PLAT NO.LUA-02-129-SHPL RECORDED APRIL 9, 2009, AS RECORDING NO.20090409900002, RECORDS OF KING COUNTY, WASHINGTON; PARCEL III: TRACT A OF CITY OF RENTON LOT LINE ADJUSTMENT NO.LUA-07-080-LLA RECORDED AUGUST 18, 2009 AS RECORDING NO.20090818900001, RECORDS OF KING COUNTY, WASHINGTON. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one flat,)oliing, hilly, steep slopes, mountainous, other The property slopes gently from the northeast to the southwest. The highest point on the property is approximately 398' elevation while the lowest is approximately 380' elevation. b. What is the steepest slope on the site (approximate percent slope?) The steepest slope on the site is approximately 5-7 percent in the southeast area of the parcel. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The Geotechnical Report prepared by Associated Earth Sciences, Inc. discovered several soil types throughout the site. There is clear evidence of fill soils present on the site. These fill soils "generally consisted of loose to medium dense silty fine to coarse sand with gravel," Below the fill soils, AES found soils indicative of Vashon Recessional Outwash (Qvr), characterized by "a medium dense, moist to wet, fine to coarse sand with gravel, gravel beds and varying amounts of slit." Finally, below the Vashon Recessional Outwash, AES found Vashon Lodgement TIII (Qvt), which "consisted of very dense silty fine to medium sand with gravel." d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None were noted in the Geotechnical Report. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The purpose of proposed grading/filling will be to accommodate the construction of proposed building and roads. Final fill/grade quantities will be -4- o6W %kEsmMengr'SSM-J0BV79MOI013ldocumenhEnvironmenta] Checkllstdw prepared as part of the clearing and grading permit. Preliminary estimates are as follows: Cut: 1,500 CY Fill: 8,500 CY ROW Section: net cut 1,800 CY Net fill( neat line) : 4,900 CY Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur on-site as a result of construction activities; however, temporary erosion and sedimentation control measures to be approved by the City of Renton will be employed during construction to reduce erosion impacts. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The site will not exceed the maximum impervious surface coverage as allowed by the Renton Municipal Code. The final impervious surface area proposed will be determined during final engineering. Currently it is estimated that approximately 45% of the site will be covered in impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During construction, the contractor will follow an approved temporary erosion and sedimentation control plan meeting City of Renton standards. Typical measures, which may be employed, include the use of silt fences, straw bales, and temporary storm drainage features. Hydroseeding exposed soils and cleared areas after construction will also reduce the potential for erosion. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Some heavy machinery exhaust and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. The amount of emissions to the air will be minimal and wiN occur during the actual construction of the development. After construction any emissions would be that of a typical residential development. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None are anticipated at this time. C. Proposed measures to reduce or control emissions or other impacts to air, if any: All construction equipment will be in proper working order and regulated for emissions by the manufacturer and local emission laws. Vehicles entering and - 5 - 06109 1�Esm8%"AESM-JOBM17991901{013kiocument%Emrironmental CheMist.doc leaving the site will also be regulated for emissions by state and local emission laws. During construction the site will be watered as necessary to keep any dust from impacting surrounding air quality. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. According to the Wetland Delineation Report prepared by Shannon & Wilson, two wetlands are present on site. Wetland A is approximately 32,126 square feet, and is located along the western edge of the proposed project. it is vegetated with a variety of shrubs and trees, including reed canarygrass, bent grass, hard hack, red osier, dogwood, willow, nlnebark and red alder. Soils in Wetland A were categorized as sandy loam, gravelly sandy loam, and pockets of fill. Per City of Renton Standards, Wetland A is classified as a Category 3 Wetland, and thus will require a 25 -foot buffer. Wetland B Is smaller than Wetland A, at approximately 1,700 square feet. The vegetation profile is similar to Wetland A, also containing willow, snowberry, and Himalaya Blackberry, among others. Salts in Wetland B were also found to be similar, with sandy loam with pockets of gravel and organics present. Shannon & Wilson noted that, due to development in the surrounding areas, It is likely that Wetland B would be likely to see a diminished amount of surface water. Per City of Renton Standards, Wetland B is also classified as a Category 3 Wetland. However, because it is smaller than 5,000 feet, no buffer is required. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The project will require work within 200 feet of the wetlands mentioned In the previous question. The wetlands are situated in Tract A and preserved as an NGPE that was determined by a mitigation plan prepared by Shannon & Wilson Associates and approved by the City of Renton on 04/04/2007. The mitigation plan was part of the Ribera Balko short plat project recorded on 04/09/2009. However, the performance requirements of the mitigation project were never satisfied. Maintenance was abandoned approximately 2 years into the project and subsequently has fallen Into disrepair. As part of the PPUD application, we will propose to rehabilitate this natural feature in accordance with the approved mitigation plan. Deferred maintenance will be brought current, Invasive plants will be removed; dead plants will be removed and replaced with fresh stock. The NGPE fencing will be restored and moved to align with the actual NGPE boundary. Monitorin& maintenance and the appropriate sureties will be proposed as part of the project. As depicted on the site plan, a trail will be proposed within the easterly buffer of Tract A. This will provide passive recreation in an open space that, in the future, may be linked to a potential community pedestrian trail to the south. 6- 06109 11Esm81�-ngrlESM-KMt179910091D191document\Environmental CheaklisLdw The trail will be a soft surface trail designed to a width of 4 feet and will Intended for pedestrian use only. Along the trail there will be connections to the plat and to the public right of way. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No filling or dredging is anticipated. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No withdrawals or diversions are proposed. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. The site does not lie within a 100 -year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The project is not proposing to discharge any waste material into surface waters. The proposed sewer Infrastructure will ensure that any and all waste materials are properly disposed of in order to avoid such a discharge. b, Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn nor will any material be discharged to ground water. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None are anticipated. No on-site septic or treatment is proposed. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. On-site stormwater runoff will primarily be generated from rooftops, driveways, parking areas and the proposed roads. Stormwater will be collected, routed through the existing, approved storm water detention frond and discharged to Wetland B, to the southeast of the pond. The proposal Includes the use of a large water quality and detention facility where the water .7- 06/09 Msm81engAESM-JOBS11799M1 T1ZdowmenQEnvjmnmentnl Checklist tloc will be treated, detained, and released at pre -developed rates. Please see the Preliminary Utility Plan and Downstream Analysis for more details. 2) Couid waste material enter ground or surface waters? if so, generally describe. It is not anticipated that any waste material will enter ground or surface waters. All proposed sewer and stormwater Infrastructure will be built to the standards set forth by the City of Renton in order to ensure that any such risks will be minimized or eliminated. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The storm water runoff will be collected and conveyed to the approved, pre- existing stormwater detention facility in conformance with the City of Renton standards. Please see the Preliminary Storm Drainage Report and Preliminary Utility Plan prepared by ESM Consulting Engineers. 4. PLANTS a. Check or circle types of vegetation found on the site: „X_ deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs `x_ grass pasture crop or grain wet soil plants: cattail, buttercup, bull rush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Presently, there are 16 trees on site. Of these trees, all will be removed. In order to comply with the City's tree retention plan, the applicant proposes to plant will be required to replace the loss of trees with a minimum of six 2" diameter replacement trees. As shown on the Preliminary Landscape Plans there are significantly more than 6 trees proposed for this project. Many of the proposed trees will be in the NGPA of Tract A and will be preserved perpetually. Special care will be taken to ensure native trees are planted to ensure suitable cohabitation with the surrounding ecosystem. C. List threatened or endangered species known to be on or near the site. None are known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: A comprehensive preliminary landscape pian that incorporates the use of a variety of desirable native vegetation has been prepared. This landscape plan includes street trees as necessary with undercover plantings, additional mitigation plantings in the wetland buffer, and planting for all tracts and spaces to enhance the overall vegetation on the site. - s - W09 11EsmB4angrlESMJOBS11799/00110131document%Envimnmenta! Checklist doc 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. To the best of our knowledge, no threatened or endangered species are located on or near the site. C. Is the site part of a migration route? If so, explain This entire region is known to be part of the Pacific Flyway. The Pacific Flyway includes Alaska and the Aleutian Islands and the Rocky Mountain and Pacific coast regions of Canada, the United States and Mexico, south to where it becomes blended with other flyways in Central and South America. However, the site is not known to be used by migratory fowl. d. Proposed measures to preserve or enhance wildlife, if any: The preservation of the wetland on the western border of the development will continue to support any and all small, urban -tolerant wildlife that reside therein. Furthermore, all necessary buffers have been provided in order to minimize impacts to species local to the site. The applicant will implement the recommendations of agencies with jurisdiction into the project plans for the review and approval of the City of Renton. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electrical energy will be the primary source of power serving the needs of the project and natural gas will be made available for the purpose of heating and other needs associated with both the residential development and the proposed bank. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No Impacts are anticipated. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: - 9 - 06/09 11Esm81aogAE5M,IDBS117N%0011013WmumordEnvironmental ChecldisLdoc The structures that will be constructed as a result of this project will meet or exceed the applicable energy conservation consumption requirements of the City of Renton and the Uniform Building Code in effect at the time of construction. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None anticipated. 2) Proposed measures to reduce or control environmental health hazards, if any: State regulations regarding safety and the handling of hazardous materials will be followed during the construction process. Equipment refueling areas would be located in areas where a spill could be quickly contained and where the risk of hazardous materials entering surface water is minimized. b. Noise 1) What types of noise exist in the area which may affect your project (for example. traffic, equipment, operation, other)? The primary noise source near the project site is from vehicular traffic on NE 41" 5t. The traffic noise along this roadway is not project related or generated, and is not anticipated to greatly affect the proposed project. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term impacts would result from the use of construction equipment during site development. Construction would occur during permitted construction hours and always in compliance with the City of Renton noise regulations. Long-term impacts would be those associated with the increase In vehicular traffic from future home owners and typical residential noise, as well as vehicular traffic generated by customers of the proposed bank, as well as staff. 3) Proposed measures to reduce or control noise impacts, if any: Construction activity will be limited to permitted construction hours and construction equipment will not be allowed to idle for continuous periods of time, which will help to mitigate the impacts of potential construction noise. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? -10- woe %1EsmftngAESIM-,MS11799=l\O13Wocument\EnvironmwftI Checklistdoc North: The site Is bordered on Its northern edge first by NE 4a' St, then by a commercial development containing auto parts and grocery stores, among others. South: The site is bordered to the south by single-family homes. These lots were created as a result of two plats, Elmhurst and Rosewood Highlands. East. The site is bordered to the east by a US Post Office, as well as by single- family residential lots created via the Ridgeview Court Plat. West: The site is bordered to the west by a number of commercial developments Including a drug store and tire shop. b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. The site is currently vacant. d. Will any structures be demolished? If so, what? As the site Is currently vacant, the project will not require the demolition of any structures. e. What is the current zoning classification of the site? CA — Commercial Arterial f. What is the current comprehensive plan designation of the site? CC — Commercial Corridor g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes. Two wetlands were located in a Wettand Delineation report prepared by Shannon & Wilson. Please see Section 3A1 of this document for a full description of each Wetland. Approximately how many people would reside or work in the completed project? Assuming 2.54 persons per dwelling unit, approximately 102 people will live In the completed project. It is anticipated between 7 people will work in the proposed bank upon completion. j. Approximately how many people would the completed project displace? No displacements are anticipated. -11- 4lEsmBWngrtESM.lOBS1179MDCl1 013WocumentlEmdronmental Che dst.doc 08109 k. Proposed measures to avoid or reduce displacement impacts, if any: N/A i. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be developed in accordance with applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the application. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 40 middle-income housing units will be provided upon completion of the project. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None Proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The maximum building height will not exceed the 50' maximum as prescribed In the Renton Municipal Code. Please see architectural elevations provided with this application. b. What views in the immediate vicinity would be altered or obstructed? As with any project of this type, view alterations are to be expected. Homeowners to the south and east that now look upon a vacant lot would see the front of completed homes, as well as the various other design elements that would come along with a project of this type including fencing, landscaping and road Improvements. To the west/southwest, little will change. Much of the vegetation on the western portion of the property will be retained, which should preserve existing views for homeowners, though it is possible that some evidence of the project will be visible. -12- 06109 11Esm81engAE5M-J0BSW9W01 V 31documsnWnv1ronmentar Checklist.doa No major obstructions to existing views are anticipated. The project is not oriented in such a way that views to major landmarks such as Mount Rainier would be obstructed. C. Proposed measures to reduce or control aesthetic impacts, if any: All structures will be designed according to the designs that we have submitted for approval with our PPUD application. Furthermore, structures will be designed in such a way to ensure that the project adequately blends in with existing homes in the surrounding area. In addition, a complete landscape plan has been submitted along with this proposal. The proposed landscaping should aid in the mitigation of visual impacts. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light and glare produced from this project will be typical of a residential/commercial development in an urban environment. Light and glare from the site would primarily consist of street lighting, security lighting for each home, exterior lighting for the bank, and vehicle headlights entering and leaving the property. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off-site sources of light or glare may affect your proposal? It is not anticipated that any existing off-site sources of light and/or glare would negatively affect our proposal. d. Proposed measures to reduce or control light and glare impacts, if any: Providing the required setbacks of the proposed structures from the property lines and installation of landscaping will help to alleviate some of the light and glare created by the new development from the adjacent properties and roadways. The proposed project and subsequent lighting is consistent with the land use regulations and compatible to the existing adjacent land uses. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Heritage Park is located approximately 800 feet to the southwest of the site. Maplewood (1.2 mi) and Kiwanis Parks (.7 mi) are also nearby. b, Would the proposed project displace any existing recreational uses? If so, describe. -1a- 06109 11Esm84engAESM-JOBS11799100110t81documenCkEmironmerttal Ghecklletdx As no recreational uses are located on-site, no recreational uses will be displaced. It Is possible that existing nearby recreational infrastructure could see an increase In use as a result of the completion of this project. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The proposal includes the construction of a trail in Tract A that will provide for passive recreation opportunities to those residing in the plat as well as the general pedestrian public on NE 4t' St. There are several other passive recreation opportunities within the plat to be found in Tracts G and L. The applicant will also pay Parks & Recreation Impact Fees as required by the City of Renton. 13. HISTORIC AND CULTURAL PRESERVATION Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no currently known places or objects listed or proposed for national, state, or local preservation registers on or next to the site. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. There are no currently known landmarks or evidence of any significant artifacts on or next to the site. C. Proposed measures to reduce or control impacts, if any: As no impacts are anticipated to any historically significant landmarks, no measures are proposed to control for such impacts. However, in the event items of possible cultural or historic significance are encountered during site construction activities, work shall be halted, an area perimeter around the items will be established to preserve its integrity and the contractor will immediately contact the City of Renton and the Washington Department of Archaeology & Historic Preservation, 14. TRANSPORTATION Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The groject provides for four new internal roadways, as well as connections to NE 4 St and Whitman Ct NE. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site Is served by Icing County Metro Route 111. The nearest stop Is approximately 500 feet to the west of the site. .14- 06109 11EsnnBlengAESM}JOBS11799=lNO13WocurrooMEnvironmentaI Cherdst.doc C. How many parking spaces would the completed project have? How many would the project eliminate? The new project will provide a minimum of 2 parking spaces per home, in addition to the 6 parking spaces In Tract E. The proposed bank will offer 15 parking spaces. In total, 104 new parking spaces are proposed. It is not anticipated that any parking spaces will be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? The proposal includes several new (public/private) roads to provide circulation within the site. These new roads can be seen on the site plan, labeled Road A- D. • Road A: 35' ROW, to provide access to the proposed bank. • Road B: 20.5' ROW, to provide access to units 1-4 and 11-20. • Road CJD: 20.5' ROW, to provide access to lots 21-40. For more information, please see pages PP -07 and PP -08 for detailed preliminary street profiles. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. None of the aforementioned transportation modes are available in the immediate vicinity of the site. As such, it is not anticipated that the project will access any of them directly. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Upon completion, it is anticipated that the proposed townhomes would generate approximately 226 trips per average weekday, while the proposed bank would generate approximately 147 new trips per average weekday. In total, 373 net new trips would be generated upon completion of the project. g. Proposed measures to reduce or control transportation impacts, if any: The applicant will pay all necessary Transportation impact fees in order to mitigate any impacts that would result from the project's completion. Frontage improvements will be undertaken along NE a to further reduce Impacts. Finally, all suggestions outlined in the Traffic Impact Analysis submitted with this application will be followed to ensure that any impacts are minimized. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. .15- 08!09 11Esm8WngrlESM-JOBS11799Y)01013WocumenAEnvironmeMal Chec*hadoc The project would result in an increased need for public services to include fire protection, police protection, health care, and schools. The additional need would be commensurate with the addition of 40 homes and a bank to the service areas for the listed services. b. Proposed measures to reduce or control direct impacts on public services, if any. This increase in demand will be offset by fees, levies, and taxes required to be paid by the applicant as part of this development and future home owners. Also the proposal has been designed in a manner that will provide adequate access for fire, medic, and police vehicles. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electricity: Puget Sound Energy Natural Gas: Puget Sound Energy Water: City of Renton Sanitary Sewer: City of Renton Telephone: CenturyLink Fire: City of Renton District #25 Schools: Renton School District #403 Water and sewer will be extended throughout the site to serve all completed structures on-site. Construction will be coordinated with the City of Renton. Natural Gas and Electricity will be extended by Puget Sound Energy. They typically manage their own construction projects. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: y// — -� Name Printed: v EVAN MAd1JQ Date: -5- 7 -f q sc:M 4%EsmBUMrW,SM-JOBS117991[ lWl3WocumentlEnvironmenteICheekllstdoc aVo9 PLANNING DIVISION DESIGN DISTRICT "D" CHECKLIST City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: Ensure compliance with design review regulations located in the Renton Municipal Code in orderto: a. Maintain and protect property values; b. Enhance the general appearance of the City; s.� c. Encourage creativity in building and site design; !',BAR 0 7 H14 d. Achieve predictability, balanced with flexibility; and �. e. Consider the individual merits of proposals. INSTRUCTIONS FOR APPLICANTS: This design district checklist asks you to describe some basic information about your proposal. The City will use this checklist to determine whether the your proposal complies with the Urban Design Regulations in the Renton Municipal Code (RMC 4-3-100). Answer the questions briefly, with the most precise information known, or give the best description you can. There are two categories that have been established: (a) "minimum standards" that must be met, and (b) "guidelines" that, while not mandatory, are considered by the Planning Director in determining if the proposed action meets the intent of the design guidelines. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. A. SITE DESIGN AND BUILDING LOCATION: Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity throughout the district. 1. Site Design and Street Pattern: Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for efficiency while maintaining flexibility for future development at high urban densities and intensities of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses. Response- The proposed development represents a unique combination of both commercial development, with a financial institution and high urban density townhomes that meet the Page t of 32 vision and challenging design considerations of the Urban Center Districts. The placement of the commercial component fronting the main traffic arterial (NE 4th Street) as well as the service centers to the north (across NE 4th Street) expands the current commercial application while maximizing the recent pedestrian and vehicle safety and connectivity road improvements at NE 4th Street and Whitman Court. The urban density residential component, though separate from the commercial, remains strongly connected via sidewalks, public streets and common open space improvements_ The combined network of these amenities creates a safe and convenient "neighborhood" environment within the Urban Center District, Minimum Standard: Provide a network of public and/or private local streets in addition to public Response- Both commercial and residential components of the project support a design of efficient public and private streets integrated with the adjacent public arterial. Landscaping buffers, sidewalk connectivity, lighting and building setbacks further enhance the standard. Minimum Standard: Maintain a hierarchy of streets to provide organized circulation that promotes use by multiple transportation modes and to avoid overburdening the roadway system. The hierarchy shall consist of (from greatest in size to smallest): (a) High Visibility Street. A highly visible arterial street that warrants special design treatment to improve its appearance and maintain its transportation function. (b) Arterial Street. A street classified as a principal arterial on the City's Arterial Street Plan. (c) Pedestrian -Oriented Streets. Streets that are intended to feature a concentration of pedestrian activity. Such streets feature slow moving traffic, narrow travel lanes, on -street parking, and wide sidewalks. (d) Internal or local roads (public or private). Response/Residential- As a combined use site (commercial and higher density residential) the hierarchy of the circulation standard (a, b, c and d) has been incorporated in the site design. Whitman Court is improved in both appearance and its transportation function. The roads internal to the site are a hybrid public street to emphasize the pedestrian orientation while meeting the fire safety standards. Private alleys are also used for access to many of the townhouse units. Additionally, pedestrian connectivity is a major feature of the site with connection enhanced both off-site and on-site via sidewalk links, walkways and a trail. Response/Commercial- The development fronts on NE 4th Street, an arterial recently upgraded with R.O.W_ improvements. The commercial property takes its main access off the side street, Whitman Court. This supports a hierarchy of streets, their intended use and improves safety. A limited access entry has been added to NE 4th adding to on site circulation and is located well away from the Whitman Court intersection. This entry has been reviewed and approved by Renton Transportation Department. This assists is overall site flow and convenience. The right -in and right out limitation at this driveway assures little impact to engineered flows along NE 4th. The proposed roadway design effectively completes the roadway improvements for this area since it is bounded by wetlands and existing developments. Page 2 of 32 2. Building Location and Orientation: Intent; To ensure visibility of businesses; establish active, lively uses along sidewalks and pedestrian pathways; organize buildings in such a way that pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. Minimum Standard: Orient buildings to the street with clear connections to the sidewalk. Response/Residential- In concert with the commercial application, the residential buildings have been linked to the major street corridors. Each residential unit has a walkway connection to the public roadways. The site plan provides numerous examples that support the intent of the Building Location and Orientation standards. The pathways provide the homeowners both access to their homes and a social connection opportunity within their residential neighborhood. Where possible, individual buildings present an openness to the community with court yards, open greens, woonerfs and alleys to downplay auto access needs at the primary home entry focal point. (See Buildings A, B, C, E, F, G and H) The overall site layout further provides building separations and orientations which maximize view corridors to the wetland, open spaces, park areas and greens by the use of alternate floor plans. The alternate floor plans when possible orient the primary living spaces toward the site amenities. Response/Commercial- This project proposes a deviation from the standard. We believe PPUD site design exceeds the intent of the standard. The financial institution has been oriented to address three regional/local community assets as a unique response to this particular site. 1": The building is oriented to the wetland area to the west. The feature exists today and will be enhanced with the overall development. The development team felt the financial institution facing on this amenity/feature strengthens its success as an element of this site both for the community and the development. 2nd: Orientation of front door to the added linking pedestrian path from NE 4th through to very rear of residential development. The development has added an internal pedestrian pathway, an element beyond the district guidelines, which provides an increased pedestrian amenity directly interfacing with the sidewalk along NE 4th. Orienting the front door to the financial institution to this path increases the effectiveness, safety and purpose of this path. Linking the front door of the financial institution to the main street has been accomplished with a 10 foot wide concrete sidewalk, which is excess of the minimum requirements. This walk -way provides a differentiated surface from the asphalt paving and will be raised up to provide a level transition from street sidewalk to front door. As demonstrated, this path way continues throughout the site and links with the residential development's entry/community feature. 3rd: Design of Building: The design of the financial institution is based on an established prototype that includes many components for its success. These include; vehicular circulation around the site for drive-through banking, proximity to parking, visibility of entry, customer and staff safety, customer convenience. Nearly all customers will arrive by car to this establishment. In this district, parking is not allowed between building and Page 3 of 32 NE 4th. It was placed adjacent to building along NE 4th. Placing the building entry on the NE 4th would create a +100 foot customer travel distance distance from parking to front door. This would be both unsafe and very inconvenient. The proposed site plan addresses both City district guidelines and this building type. Minimum Standard: The front entry of a building shall not be oriented to a drive aisle, but instead a public or private street or landscaped pedestrian -only courtyard. Response/Residential- The project does not strictly meet this standard and requests a modification to the standard under the Preliminary Planned Residential Unit (PPUD) process. The site design incorporates two types of home orientation_ Because of grade considerations and the proximity of the Tract A sensitive area, lots 11-20 have front load garages and entries. The tradeoff is that these units have a private rear yard that overlooks a native vegetation area, The same holds true for Lots 34-40 which will also have the benefit of private rear yards. This allows the project to offer more varieties of home orientations that create a stronger neighborhood and a wider market appeal through unit diversity. It is not a "one size fits all" neighborhood. Response/Commercial-The front entry is not oriented to a drive aisle. This standard is addressed in above response. Guideline: Ground floor residential uses located nearthe street should be raised above street level for residents' privacy. Response/Residential- All of the units have their main living areas raised above street level. 3. Building Entries: Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries furtherthe pedestrian nature of the fronting sidewalk and the urban character of the district. Minimum Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human -scale elements. Response/Residential- The PPUD site meets the intent of the standard. Specific to the residential component, all front doors are accessed from either the facade facing the public street as or an open green with sidewalks. All units will incorporate covered entry porches with lighting for security and safety and detailing at a human scale to promote the urban residential character of the district. Varied material applications, color and detail throughout, will further serve to individualize the primary entry points. Response/Commercial- This project proposes a deviation from the standard. We believe PPUD site meets the intent of the standard. The front door is located on connecting pathway to the public street. The entry is prominent with a unique roof form and covered entry canopy. The pathway includes human scaled elements which start at the sidewalk along NE 4th, continue onto the commercial site and continue through into the residential development. Page 4 of 32 Minimum Standard: Multiple buildings on the same site shall provide a continuous network of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. Response/Residential and Commercial- The PPUD meets the minimum standard. The combination of public streets, sidewalk, walks, Woonerfs, community greens with walkways and social connection points provide a continuous network of pedestrian paths and open spaces with landscaping_ Minimum Standard: Ground floor units shall be directly accessible from the street or an open space such as a courtyard or garden that is accessible from the street. Response/Residential- Each of the residential units is directly accessible from the street or to one or more community amenities. These include community greens with walkways and landscaping, private yards, patios and/or porches. Minimum Standard. Secondary access (not fronting on a street) shall have weather protection at least 4-1/2 feet wide over the entrance or other similar indicator of access. Response -N/A Minimum Standard: Pedestrian access shall be provided to the building from property edges, adjacent lots, abutting street intersections, crosswalks, and transit stops. Response- Walkways and the overall sidewalk network provide a high level of connectivity to streets and amenities both on site and off. This is accomplished with sidewalks along streets and the internal pathway. Guideline Standard: For projects that include residential uses, entries should provide transition space between the public street and the private residence such as a porch, landscaped area, terrace, common area, lobby, or similar feature. Response/Residential- All townhome primary entries incorporate covered porches with lighting for security and landscaping transitions to streets or common greens. Guideline Standard: Features such as entries, lobbies, and display windows should be oriented to a street; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street -oriented facade. Response/Residential- N/A Response/Commercial- Specific design attention has been applied to the facade of the building facing NE 4th. Oversized windows are integrated into the elevations to increase the visual interest of the facade, transparency and the pedestrian friendliness of the building. The portions of the building where solid facades are needed programmatically are all located in the interior of the site away from the street. Guideline Standard. Entries from the street should be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping. Entries from parking lots should be subordinate to those related to the street for buildings within District 'A'. Page 5 of 32 Response/Residential Each home entry will incorporate covered entry areas with architectural identity elements such as columns, siding material, variations in texture and landscaping. Response/Commercial- The main entry is significantly marked with the following elements: sidewalk bollards, projecting entry form with tall pyramid roof element, projecting canopy and signage. 4. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long- established, existing neighborhoods are preserved. Minimum Standard: Careful siting and design treatment are necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. At least one of the following design elements shall be considered to promote a transition to surrounding uses: a. Setbacks at the side or rear of a building may be increased by the Reviewing Official in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; b. Building proportions, including step -backs on upper levels; c. Building articulation to divide a larger architectural element into smaller increments; or d. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Response/Residential- The site supports grade transitions that will serve to offset the vertical elements of the residential structures while horizontal articulation, detailing and material changes provide architectural interest to further address visual transitions on a per building basis. Varied roof lines, pitches and shapes are designed to reduce visual bulk and scale and highlight facade transitions. The on-site transition between the commercial component, the Washington Federal bank site, and the residential component will be supported with landscape buffers, separate entry signage as well as specific building orientations. As the surrounding developments to the South and East are both residential communities.g the building designs, materials and colors are selected for a residential look and feel with blend of contemporary design elements to provide a transition into the commercial corridor of the district. Response/Commercial-The commercial site has extensively utilized all four components in the guideline. This development strongly matches the type of uses at the street all along this district. A true neighborhood focused use. The scale of the building is smaller than existing developments to the east (Post Office) and west (Drug Store) a. Scale of building does not impact sunlight to any adjacent properties b. The development is a single story building. c/d. Proportions of building have been tiered with higher and lower sections_ Sections of the building project forward, as well, creating a varied facade with strong modulation and a varied roof line. Page 6 of 32 5. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e,, waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. Minimum Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use (see illustration, RMC 4-3-100E7e). Response -N/A Minimum Standard: Garbage, recycling collection, and utility areas shall be enclosed, consistent with RMC 4-4-090, Refuse and Recyclables Standards, and RMC 4-4-095, Screening and Storage Height/Location Limitations. Response— In accordance with the policies of the garbage and recycling collection provider for Renton, each home will be individually serviced with garbage and recycle container collection. Containers will be stored in private garages. Response/Commercial- An enclosed trash area has been proposed at the greatest distance from the entry, pedestrians and NE 4". Trash and recycling containers will be provided in compliance with RMC Refuse and Recyclable standards. Minimum Standard: In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self-closing doors (see illustration, RMC 4-3-100E7f). Response/Residential- N/A Response/Commercial- The walls of the trash enclosure will be brick and 5 feet high with a metal gate. we seek to provide this enclosure without a roof due to safety/security issues significantly apparent at a financial institution in creating safe environments. A roof would create a fully enclosed environment which would create a fully enclosed hiding place for would be criminals. Minimum Standard: The use of chain link, plastic, or wire fencing is prohibited. Response/Residential- N/A Response/Commercial-N/A Minimum Standard: If the service area is adjacent to a street, pathway, or pedestrian - oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. Response/Residential- N/A Response/Commercial-The landscaping is provided on two sides. Page 7 of 32 Guideline: Service enclosure fences should be made of masonry, ornamental metal or wood, or some combination of the three. Response/Residential- N/A Response/Commercial- Masonry enclosure is proposed. 6. Gateways: Intent: To distinguish gateways as primary entrances to districts or to the City; provide special design features and architectural elements at gateways; and ensure that gateways, while they are distinctive within the content of the district, are compatible with the district in form and scale. Minimum Standard: Developments located at district gateways shall be marked with visually prominent features (see illustration, subsection RMC 4-3-100.E7g). Response/Residential + Commercial -N/A: This PPUD is not located at a Gateway- a primary entrance to the district Minimum Standard: Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles (see illustration, subsection RMC 4-3-100. EA). Response— See discussion above. Minimum Standard: Visual prominence shall be distinguished by two or more of the following: a. Public art; b. Monuments; c. Special landscape treatment; d. Open space/plaza; e. Identifying building form; f. Special paving, unique pedestrian scale lighting, or bollards; g. Prominent architectural features (trellis, arbor, pergola, or gazebo); h_ Signage, displaying neighborhood or district entry identification (commercial signs are not allowed). B. PARKING AND VEHICULAR ACCESS: Intent. To provide safe, convenient access to the Urban Center and the Center Village; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. 1. Location of Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Page 8 of 32 Minimum Standard: No surface parking shall be located between a building and the front property line or the building and side property line on the street side of a corner lot. Response- All of the residential units have interior garages capable of parking one or two ca rs. Response/Commercial- No surface parking has been located between building and the front property line. Parking has been located opposite the front door of the facility. This is an inherent relationship for a financial institution_ Parking at the rear would create two entries; one at rear and one at the front. This creates significant internal safety issues for any financial institution. Guideline: In areas of mixed use development, shared parking is recommended. Response- N/A 2. Design of Surface Parking: Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Minimum Standard: Parking lot lighting shall not spill onto adjacent or abutting properties (see illustration, subsection RMC 4-3-100.F5b). Response/Residential- N/A Response/Commercial-The financial institution will design parking lot lighting not to spill into adjacent properties. Special attention will be provided to ensure adequate lighting is provided along internal pedestrian path. Minimum Standard: All surface parking lots shall be landscaped to reduce their visual impact (see RMC 4-4-080F7, Landscape Requirements). Response/Residential- Tract E provides axillary parking which is centrally located on the site, connected by the sidewalks and walkway networks to every unit in the neighborhood and, at the same time, has very little visual impact to any of the units. Aprons in front of garage doors have been reduced in size to encourage inside garage parking within each home. Response/Commercial-The landscaping around the parking area to the west of the building will be screened with landscaping in islands around site. Guideline: Wherever possible, parking should be configured into small units, connected by landscaped areas to provide on-site buffering from visual impacts. Response/Residential- N/A Response/Commercial-The commercial parking area, due to the size of the building, is quite small and will have little visual impact on adjacent uses. Page 9 of 32 Guideline: Access to parking modules should be provided by public or private local streets with sidewalks on both sides where possible, rather than internal drive aisles. Response/Residential- N/A Response/Commercial-The site plan meets the intent of this standard. Guideline: Where multiple driveways cannot be avoided, provide landscaping to separate and minimize their impact on the streetscape. Response/Residential- Landscaping between multiple drives is used to address this situation and can be seen on the Landscape Plan. Response/Commercial-N/A 3. Structured Parking Garages: Intent: To more efficiently use land needed for vehicle parking; encourage the use of structured parking throughout the Urban Center and the Center Village; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages when they are located in proximity to the designated pedestrian environment. Response/Residential + Commercial - N/A Minimum Standard: Parking Structures Fronting Designated Pedestrian -Oriented Streets: (a) Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 75% of the frontage width (see illustration, subsection RMC 4-3-100.FSc). (b) The entire facade must feature a pedestrian -oriented facade. Minimum Standard: Parking Structures Fronting Non -Pedestrian -Oriented Streets: (a) Parking structures fronting non -pedestrian -oriented streets and not featuring a pedestrian -oriented facade shall be set back at least 6 feet from the sidewalk and feature substantial landscaping. This includes a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to 10 feet adjacent to high visibility streets. (b) The Director may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: (1) Ornamental grillwork (other than vertical bars); (2) Decorative artwork; (3) Display windows; (4) Brick, tile, or stone; (5) Pre -cast decorative panels; (6) Vine -covered trellis; (7) Raised landscaping beds with decorative materials; or (8) Other treatments that meet the intent of this standard. Page 10 of 32 (c) Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (see illustration, subsection RMC 4-3-100.F5d). Minimum Standard: Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 75 percent of the frontage width (see illustration, subsection RMC 4-3-100.F5c). Minimum Standard: The entire facade must feature a pedestrian -oriented facade. Minimum Standard: Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (see illustration, subsection RMC 4-3-100.F5d). Guideline: Parking garage entries should be designed and sited to complement, not subordinate, the pedestrian entry. If possible, locate the parking entry away from the primary street, to either the side or rear of the building. Guideline: Parking garage entries should not dominate the streetscape. Guideline: The design of structured parking at finished grade under a building should minimize the apparent width of garage entries. Guideline: Parking within the building should be enclosed or screened through any combination of walls, decorative grilles, or trellis work with landscaping. Guideline: Parking garages should be designed to be complementary with adjacent buildings. Use similar forms, materials, and/or details to enhance garages. Guideline: Parking service and storage functions should be located away from the street edge and generally not be visible from the street or sidewalks 4. Vehicular Access: Intent: To maintain a contiguous, uninterrupted sidewalk by minimizing, consolidating and/or eliminating vehicular access off streets within pedestrian environments and/or designated pedestrian -oriented streets. Page 11 of 32 Response/Residential- As previously discussed, this project proposes a deviation from the standard. Vehicle access to the townhomes combines several different modes: 1) Eleven homes will access the garage from a public road (Roads B and C). This is considered a traditional "front load" garage. 2) Six homes will access the garage from a hybrid pedestrian roadway called a "Woonerf" which as a narrowed road with and integrated walkway on one side (Tract B). These are also "front load" garage units. 3) Twenty-three homes will access the garage from an alley or alley hybrid (Tract D, and Road D). The standard alley with no pedestrian or fire truck access required is 12 feet wide. The hybrid alley is a minimum of 20.5 feet with a 5 foot sidewalk. Response/Commercial- As indicated in earlier responses, site access it pulled mainly off Whitman Court. This is a combined entry for both uses and decreases the interruptions on pedestrian sidewalk. This access point also reduces significant vehicular crossings at sidewalk along NE 4"h Guideline: Parking lots and garages should be accessed from alleys or side streets. Response- See discussion above. Response/Commercial- The commercial parking area is primarily accessed off a side street. Guideline: Driveways should be located to be visible from the right-of-way, but not impede pedestrian circulation on-site or to adjoining properties. Where possible, minimize the number of driveways and curb cuts. Response- See discussion above. Response/Commercial-N/A C. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi -modal and public transportation systems in orderto reduce other vehicular traffic. Response/ Residential +Commercial - The over-all development specifically addressed this guideline by introducing the pedestrian path throughout the site. This path fully supports all the intent expressed above. Page 12 of 32 1. Pathways through Parking Lots: Intent: To provide safe and attractive pedestrian connections to buildings, parking garages, and parking lots. Response/Residential- N/A Response/ Commercial -N/A Minimum Standard: Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas. Response/Residential- N/A Response/ Commercial -N/A Minimum Standard: Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of 150 feet apart (see illustration, subsection RMC 4-3-100.G4a). Response/Residential- N/A Response/ Commercial -N/A 2. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Minimum Standard: Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties (see illustration, subsection RMC 4-3-100.G4b). Response/Residential + Commercial- The site plan demonstrates both a strong internal pedestrian network and connectivity to the existing street walkways. Every townhome has a direct pedestrian linkage to the internal system which then connects to the sidewalks of the adjoining streets. The overall pedestrian environment is further enhanced with a safe, convenient and direct connection to the adjacent commercial services via lighted pedestrian crossings on NE 4th Street and the connections to public transportation available on NE 4 1 Street. Direct access to the soft trail proposed in the Tract A buffer also provides a unique eco -friendly linkage forthe residents and general public which further supports the intent of the Urban Center District. Minimum Standard: Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. Response/Residential- Several road/sidewalk combinations are proposed as part of the PPUD. They are based on volumes and speed of traffic, fire and safety requirements, physical constraints of the site and the goal to minimize the predominance of auto traffic. They are described as follows: 1. Whitman Court NE (north of Lot 5 to the intersection with NE 4th Street). The sidewalk associated with this section of public street is raised above the level of Page 13 of 32 vehicular travel and separated from the auto travel way by a vertical curb and a 6 foot planter strip. 2. Whitman Court NE (south of Lot 5 to the crosswalk on the south side of Tract E axillary parking spaces). In this area, Whitman Court NE transitions to a smaller street section as its sole purpose becomes the local access for Lots 21-40. The sidewalk associated with this section of public street is raised above the level of vehicular travel in the transition area using a vertical curb without a planter strip. 3. Road B and C/D (fronting Lots 34-40). The sidewalk fronting these lots is raised above the level of vehicular travel by incorporating a rolled curb. This provides a gutter for storm drainage, and a raised walkway while also providing a drive isle to meet the needs of emergency vehicles serving the community. The day to day needs of vehicles and pedestrians are met without overbuilding or over- emphasizing the auto travel_ 4. Road C/D (behind Lots 21-33). The primary walkway for these lots is in front of the lots within the common area, Tract L. This is also where the pedestrians from Lots 34-40 will be directed. The roadway behind Lots 21-33 then serves as an alley with a 5 foot concrete walk extended from the garages. This serves mostly as a way to limit and define the zone which is open to traffic while keeping vehicular traffic separated from the garage doors and the residents. It also serves to allow for garbage can placement on pickup days. 5. Tract B (fronting Lots 15-20). This is the "Woonerf" in the project. It's a funny name from the Dutch which is literally translated as "living yard". In traffic and planning circles it is used to describe a living street where pedestrians and cyclists have legal priority over motorists_ In other words, the pedestrians, cyclists and auto drivers share the road. It is a low traffic volume area with low speeds. Thus, there is no vertical separation required- Response/Commercial-Raised walkway provided between financial institution and NE 4"' St. sidewalk and between financial institution and residential development. Minimum Standard: Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials (see illustration, subsection RMC 4-3-100.G4c). Response/Residential + Commercial- All pedestrian walkways and sidewalks will be constructed with concrete in contrast to adjacent asphalt paving materials. Minimum Standard. Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: Response/Residential- N/A (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 foot minimum unobstructed walking surface and street trees (see illustration, subsection RMC-4-3-100.G4d). Response/Commercial-N/A Page 14 of 32 (b) To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries shall be allowed. To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries shall be allowed. Response/Commercial-N/A (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. A 10 - 12 foot pathway, for example, can accommodate groups of persons walking four abreast, or two couples passing one another. An 8 foot pathway will accommodate three individuals walking abreast, whereas a smaller 5 — 6 foot pathway will accommodate two individuals. Response/Residential- N/A Res ponse/Commercial-A 10 foot pathway has been proposed which is 5 feet greater than the site requires. Minimum Standard: Locate pathways with clear sight lines to increase safety. Landscaping shall not obstruct visibility of walkway or sight lines to building entries. Response/Residential + Commercial - Walkways not on a public street, will be laid out to promote clear site lines and as will the scale of adjacent landscaping. Minimum Standard: All pedestrian walkways shall provide an all-weather walking surface unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. Response/ Residential + Commercial- All pedestrian walkways will be poured concrete with a broomed finish. Guideline: Delineation of pathways may be through the use of architectural features, such as trellises, railings, low seat walls, or similar treatment. Response/ Commercial — Low masonry walls have been included at major node points to further mark this pedestrian path entry points, at NE 4th and the crossing to the residential portion of site. This increases the delineation of this feature. Guideline: Mid -block connections are desirable where a strong linkage between uses can be established. Response/ Residential + Commercial —The internal pedestrian path can also be seen as a mid -block connection. Guideline: Decorative fences, with the exception of chain link fences, may be allowed when appropriate to the situation. Response/ Commercial —N/A Page 15 of 32 3. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Minimum Standard: Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs. These elements shall be a minimum of 4-1/2 feet wide along at least 75 percent of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. Response/Residential- Please refer to Section E — Building Architectural Design Response/Commercial Overhead canopy has been provided at two places at the front fa4ade of the building; the entry and the walk-up ATM. Minimum Standard: Site furniture provided in public spaces shall be made of durable, vandal- and weather -resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. Response/Residential - Site furniture installed along the open greens walkways as well as the community open space area will conform to the standard. Response/Commercial- N/A Minimum Standard: Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. Response/Residential- - Site furniture installed along the open greens walkways as well as the community open space area will conform to the standard. Response/Commercial- Site furniture will not block building entries. Guideline: Transit shelters, bicycle racks, benches, trash receptacles, and other street furniture should be provided_ Response/Commercial-- A bike rack is provided adjacent to front entry will be metal with a professional paint finish. Guideline: Street amenities such as outdoor group seating, kiosks, fountains, and public art should be provided. Response/Commercial- N/A Guideline: Architectural elements that incorporate plants, such as facade -mounted planting boxes ortrellises or ground -related or hanging containers are encouraged, particularly at building entrances, in publicly accessible spaces, and at facades along pedestrian -oriented streets (see illustration, subsection RMC 4-3-100.G4f). Page 16 of 32 D. LANDSCAPING/RECREATION AREAS/COMMON OPEN SPACE: Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in safe and convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 1. Landscaping: Intent: Landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. Minimum Standard: All pervious areas shall be landscaped (see RMC 4-4-070, Landscaping). Response— All pervious areas will be landscaped, see Preliminary Landscape Plan (L1-L2). Minimum Standard: Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton. Response— Street trees are being proposed within the street planter strips along both sides of Whitman Avenue, along the south side of NE 4"' Street, within the parking areas and along the internal roads. See Preliminary Landscape Plan (Sheets L1-L2). Minimum Standard: On designated pedestrian -oriented streets, street trees shall be installed with tree grates. For all other streets, street tree treatment shall be as determined by the City of Renton (see illustration, subsection RMC 4-3-100.1-13a). Response- N/A Minimum Standard: The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. Response- The landscaping weaves a consistent theme through the entire site to direct pedestrians, home owner's and users of the commercial area through the site. The landscaping also complements the architecture through compatible design. Minimum Standard: The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and nonvegetative elements, reinforces the architecture or concept of the development. Response- In the commercial area and the residential areas facing the commercial zone, the landscaping is synonymous in both areas to tie the spaces together at the pedestrian level. Strong vertical elements of narrow quaking aspen groves atop soft landscaped Page 17 of 32 berms reinforce this connection. Throughout the entire project, many continuous architectural features in the landscape will provide pedestrian linkages through the site along with seating areas for intimate conversation and rest. Minimum Standard: Surface parking areas shall be screened by landscaping in order to reduce views of parked cars from streets (see RMC 4-4-08OF7, Landscape Requirements). Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, subsection RMC 4-3-100.1-13b). Response- This minimum is being provided, Evergreen and deciduous trees, evergreen shrubs and groundcover will screen NE 4 1 Street from the parking area of the commercial development. Minimum Standard: Trees at an average minimum rate of one tree per 30 lineal feet of street frontage. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet ortwo inch caliper (as measured four feet from the top of the root ball) respectively. Response- This minimum is being provided. Evergreen and deciduous trees, evergreen shrubs and groundcover will screen NE 4th Street from the parking area of the commercial development. Minimum Standard: Shrubs at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall be at least 12 inches tall at planting and have a mature height between three and four feet. Response- This standard is being met and exceeded in areas of screening and hedging to ensure adequate buffering in those areas. Minimum Standard: Ground cover shall be planted in sufficient quantities to provide at least 90 percent coverage of the landscaped area within three years of installation. Response- This standard is being met. Minimum Standard: The applicant shall provide a maintenance assurance device, prior to occupancy, for a period of not less than three years and in sufficient amount to ensure required landscape standards have been met by the third year following installation. Response -This standard will be met. Page 18 of 32 Minimum Standard: Surface parking with more than 14 stalls shall be landscaped as follows: (1) Required Amount: Total Number of Spaces Minimum Required Landscape Area* 15 to 50 15 square feet/parking space 51 to 99 25 square feet/parking space 100 or more 35 square feet/parking space * Landscape area calculations above and planting requirements below exclude perimeter parking lot landscaping areas. (2) Provide trees, shrubs, and ground cover in the required interior parking lot landscape areas. (3) Plant at least one tree for every six parking spaces. Permitted tree species are those that reach a mature height of at least 35 feet . Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. (4) Plant shrubs at a rate of five per 100 square feet of landscape area. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet. (5) Up to 50 percent of shrubs may be deciduous. (6) Select and plant ground cover so as to provide 90 percent coverage within three years of planting; provided, that mulch is applied until plant coverage is complete. (7) Do not locate a parking stall more than 50 feet from a landscape area. Response/Commercial - The surface parking on Lot 1, the bank site, has a total of 18 parking stalls; this requires 15 SF of landscaping per stall for a minimum of 270 SF of landscape area. All of these standards are being met and will be exceeded in certain areas of dense buffering, hedging, within parks and entries. Minimum Standard: Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced. Page 19 of 32 Response/Residential- Landscaping in the improved common areas will be managed and maintained by a Homeowners Association from the community. Response/Commercial- Landscaping will be maintained by a service contractor with a professional landscape maintenance company_ Minimum Standard: Underground, automatic irrigation systems are required in all landscape areas. Response/Residential- Landscaping in the improved common areas will be irrigated, managed and maintained by a Homeowners Association. Response/Commercial- Landscaping will be irrigated and managed by a professional landscape maintenance company. Guideline: Landscaping should be used to soften and integrate the bulk of buildings. Response — The landscape components have been designed specifically to soften the verticality of the buildings to connect the buildings to the pedestrian scale of the project. Berms, architectural features in the landscape, trails, paving and planting are all designed to soften while connecting the built components in the project. Guideline: Landscaping should be provided that appropriately provides either screening of unwanted views or focuses attention to preferred views. Response —The planted entry off Whitman Court includes soft berms planted with swaths of ornamental grasses, small evergreen and deciduous shrubs undulating among groves of tall, narrow aspen trees creating a visual feature in and of itself. Within the commercial parking area, groupings of dense evergreen shrubs will provide screening of parked cars from NE 4t" St. Throughout the entire project, many continuous architectural features in the landscape will provide pedestrian linkages through the site along with seating areas for intimate conversation and rest. Overlook areas are proposed within the wetland/stream buffer enhancement areas to provide education through interpretive signage and views into the critical area. Guideline: Use of low maintenance, drought -resistant landscape material is encouraged. Response — The preliminary landscape plan utilizes almost all drought tolerant, low maintenance plants many of which are native. Native plants adapt well in the landscape and provide food and cover to wildlife. Guideline: Choice of materials should reflect the level of maintenance that will be available. Response — The landscape will consist of predominately drought tolerant species and drought tolerant fescue lawn in the planter strip along Whitman Court to ease maintenance needs for the home owners and to reduce irrigation and fertilization requirements throughout the site. Page 20 of 32 Guideline: Seasonal landscaping and container plantings are encouraged, particularly at building entries and in publicly accessible spaces. Response/Residential- An entry monument feature is planned for Tract F which will utilize seasonal plantings. Guideline: Window boxes, containers for plantings, hanging baskets, or other planting feature elements should be made of weather -resistant materials that can be reasonably maintained. Response/Residential + Commercial- N/A Guideline: Landscaping should be used to screen parking lots from adjacent or neighboring properties. Response — The enhanced buffer area between the commercial parking lot and the neighboring property to the west will provide strong evergreen screening through installation of native trees and shrubs in this area over 100' in width. 2. Recreation Areas and Common Open Space: Intent: To ensure that districts have areas suitable for both passive and active recreation by residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations; create usable, accessible, and inviting open space that is accessible to the public; and promote pedestrian activity on pedestrian -oriented streets particularly at street corners. Minimum Standard: Mixed use residential and attached housing developments of ten or more dwelling units shall provide a minimum area of common space or recreation area equal to 50 square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Director. The required common open space shall be satisfied with one or more of the elements listed below. The Director may require more than one of the following elements for developments having more than 100 units. (a) Courtyards, plazas, or multi-purpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces. Page 21 of 32 Response/Residential- This minimum standard will be exceeded three times through providing open space elements a -c. The active recreation areas shall rneet the minimum requirements and exceed them through installation of continuous architectural features in the landscape that will provide pedestrian linkages through the site along with seating areas for intimate conversation and rest meeting element (a). Juliet balconies will be located on the back side of the homes providing views into the buffer or landscaped areas meeting element (b). The large buffer enhancement area to the west of the developed portion of the site will include a 4' soft surface path, overlook and interpretive signage for passive recreation meeting element (c), Minimum Standard: In mixed use residential and attached residential projects, required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas. Response/Residential- This standard will be applied. Minimum Standard: In mixed use residential and attached residential projects required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi -private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (see illustration, subsection RMC 4-3-100.H3c). Response/Residential- This standard will be applied. Minimum Standard: Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. Response/Residential- This standard will be applied. Minimum Standard, In mixed use residential and attached residential projects, other required landscaping and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement. Response/Residential- This standard will be applied. Minimum Standard: All buildings and developments with over 30,000 square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian - oriented space (see illustration, subsection RMC 4-3-100.H3d) according to the following formula: 1% of the lot area + 1% of the building area = Minimum amount of pedestrian - oriented space Page 22 of 32 Response/Residential + Commercial- N/A Minimum Standard: To qualify as pedestrian -oriented space, the following must be included: (a) Visual and pedestrian access (including barrier -free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; (b) Paved walking surfaces of either concrete or approved unit paving; (c) On-site or building -mounted lighting providing at least four foot-candles (average) on the ground; and (d) At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space. Minimum Standard: The following features are encouraged in pedestrian -oriented space (see illustration, subsection RMC 4-3-100.H3e) and may be required by the Director: (a) Provide pedestrian -oriented uses on the building facade facing the pedestrian - oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security — such as adjacent to a building entry. (c) Provide pedestrian -oriented facades on some or all buildings facing the space. (d) Provide movable public seating. Response/Residential- Open space greens will be located in multiple areas per the site plan. Each common green will feature walkways which provide social connection points and connectivity throughout the project. For security and safety there is no moveable seating planned for the public areas. Minimum Standard: The following are prohibited within pedestrian -oriented space: (a) Adjacent unscreened parking lots; (b) Adjacent chain link fences; (c) Adjacent blank walls; (d) Adjacent dumpsters or service areas; and (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment. Response/Residential-The standard will be applied. Minimum Standard: The minimum required walkway areas shall not count as pedestrian - oriented space. However, where walkways are widened or enhanced beyond minimum Page 23 of 32 requirements, the area may count as pedestrian -oriented space if the Director determines such space meets the definition of pedestrian -oriented space. Response/Residential-The standard will be applied. Minimum Standard: Commercial Arterial Zone Public Plazas. At each corner of the intersections listed below, there shall be provision of a public plaza of no less than 1,000 square feet with a minimum dimension of 20 feet on one side abutting the sidewalk. The public plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian -scaled lighting, and seating. These public plazas are to be provided at all of the following intersections: i. Benson Area: Benson Drive S./108th Avenue S.E. and S.E. 176th. ii. Bronson Area: Intersections with Bronson Way North at: (a) Factory Avenue N. / Houser Way S.; (b) Garden Avenue N.; and (c) Park Avenue N. and N. First Street. iii. Cascade Area: Intersection of 116th Avenue S.E. and S.E. 168th Street. iv. Northeast Fourth Area: Intersections with N.E. Fourth at: (a) Duvall Avenue N.E.; (b) Monroe Avenue N.E.; and (c) Union Avenue N.E. Grady Area: Intersections with Grady Way at: (a) Lind Avenue S.W,; (b) Rainier Avenue S.; (c) Shattuck Avenue S.; and (d) Talbot Road S. vi. Puget Area: Intersection of S. Puget Drive and Benson Road S. vii. Rainier Avenue Area: Intersections with Rainier Avenue S. at: (a) Airport Way/ Renton Avenue S.; (b) S. Second Street; (c) S. Third Street / S.W. Sunset Boulevard; (d) S. Fourth Street; and (e) S. Seventh Street. viii. North Renton Area: Intersections with Park Avenue N. at: (a) N. Fourth Street; and (b) N. Fifth Street. ix. Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: (a) Duvall Avenue N.E.; and (b) Union Avenue N.E. Response/Residential + Commercial- N/A Guideline: Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. Page 24 of 32 Guideline: Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. Guideline: In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. E. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. 1. Building Character and Massing: Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Minimum Standard: All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Response/Residential - Building designs will reflect a blend of traditional and contemporary residential lines by using design features, detail elements and material transitions. The multi -floor structures will show modulation following site topography, articulation of units and detailing to add visual interest. Roof lines will be keep clean - but varied -to reduce group massings. Front entries provide covered, secured access points for the homeowners and provide scaled design element opportunities. Materials used will further support not only the blend of design elements but will be in keeping with a more residential application. This will include the use of multiple siding materials, textures and color opportunities. Detailing elements will be sufficient in establishing home identity along a buildings facade, Exterior building design elements will be "4 sided" for visual interest and benefit to the overall community. Response/Commercial- The building facades have been specifically tailored to provide a great degree of modulation and roof line variation. Two brick colors, precast concrete trim and ground -face CMU are used on all four facades with a tiered approach_ Oversized windows are integrated into the elevations to increase the visual interest of the facade and the pedestrian friendliness of the building. The portions of the building where solid facades are need programmatically are all located in the interior of the site away from the street. The design utilizes permanent strong materials in a timeless manner. Page 25 of 32 Guideline: Building facades should be modulated and/or articulated with architectural elements to reduce the apparent size of new buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Response/Commercial- Design complies with this guideline. Guideline: Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Response/Commercial- Design complies with this guideline. Guideline: A variety of modulations and articulations should be employed to add visual interest and to reduce the bulk and scale of large projects. Response/Commercial- Design complies with this guideline. Guideline: Building modulations should be a minimum of two feet deep, 16 feet in height, and eight feet in width. Response/Commercial- Design complies with this guideline. Guideline: Alternative methods to shape a building such as angled or curved facade elements, off -set planes, wing walls, and terracing will be considered; provided, that the intent of this Section is met. Response/Commercial- Design complies with this guideline. 2. Ground -Level Details: Intent: To ensure that buildings are visually interesting and reinforce the intended human -scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Minimum Standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited_ A wall (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of a ground floor wall over six feet in height, has a horizontal length greater than 15 feet, and does not include a window, door, building modulation or other architectural detailing; or (b) Any portion of a ground floor wall having a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Response/Residential - N/A Response/Commercial- Design complies with this guideline. Page 26 of 32 Minimum Standard: Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the following (see illustration, subsection RMC 4-3-100.15d): (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or (e) Seating area with special paving and seasonal planting. Response/Residential - N/A Response/Commercial- Design complies with this guideline. Minimum Standard: Treatment of blank walls shall be proportional to the wall. Response/Residential - N/A Response/Commercial- Design complies with this guideline. Minimum Standard: Provide human -scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. Response/Residential- N/A Response/Commercial- Design complies with this guideline_ Minimum Standard: Facades on designated pedestrian -oriented streets shall have at least 75 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian -oriented street) comprised of transparent windows and/or doors. Response/Residential- N/A Response/Commercial- Design complies with this guideline. Minimum Standard: Other facade window requirements include the following: (a) Building facades must have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be 50percent. (b) Display windows shall be designed for frequent change of merchandise, rather than permanent displays. (c) Where windows or storefronts occur, they must principally contain clear glazing. Page 27 of 32 (d) Tinted and dark glass, highly reflective (mirror -type) glass and film are prohibited. Response/Residential - N/A Response/Commercial- Design complies with this guideline_ Guideline: The primary building entrance should be made visibly prominent by incorporating a minimum of one of the following architectural features from each category listed (see illustration, subsection RMC 4-3-100.15e): (a) Facade Features: (1) Recess; (2) Overhang; (3) Canopy; (4) Trellis; (5) Portico; (6) Porch; (7) Clerestory. Response/Commercial- The following are utilized in the design-#1,2,3,and 7. (b) Doorway Features: (1) Transom windows; (2) Glass windows flanking door; (3) Large entry doors; (4) Ornamental lighting; (5) Lighted displays. Response/Commercial- The following are utilized in the design -#1,2, and 3. (c) Detail Features: (1) Decorative entry paving; (2) Ornamental building name and address; (3) Planted containers; (4) Street furniture (benches, etc.). Response/Commercial- The following are utilized in the design -#1 and 4. Guideline: Artwork or building ornamentation (such as mosaics, murals, grillwork, sculptures, relief, etc.) should be used to provide ground -level detail. Guideline: Elevated or terraced planting beds between the walkway and long building walls are encouraged. 3. Building Roof Lines: Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Page 28 of 32 Minimum Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.15f): (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. Response/Residential- Each building will incorporate a variety of architectural elements, modulations and profiles to create visual interest. Additionally, common detailing elements shared by both residential and commercial structures will create a visual tie between uses. Response/Commercial- The following are utilized in the design — a, c, and d. Minimum Standard: locate and screen roof -mounted mechanical equipment so that the equipment is not visible within 150 feet of the structure when viewed from ground level. Response/Residential - N/A Response/Commercial- Standard will be satisfied Minimum Standard: Screening features shall blend with the architectural character of the building, consistent with RMC 4-4-095E, Roof -Top Equipment. Response/Residential- N/A Response/Commercial- Standard will be satisfied. Minimum Standard: Match color of roof -mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. Response/Residential- N/A Response/Commercial- Standard will be satisfied. 4. Building Materials: Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Minimum Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. Response/Residential + Commercial- Buildings will include "4 sided" architecture supporting modulation, articulation, trims, details and material standards. Minimum Standard: Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for all visible facades. Page 29 of 32 Response/Residential- A combination of standardized material selections forth e project will support the standards of texture, pattern and detailing. Response/Commercial- The selection and placement of materials on the facades has specifically been developed to create an attractive and long-lasting architecture. Conveying "permanence, stability and quality" is very important for the client and their buildings. Minimum Standard: Materials shall be durable, high quality, and reasonably maintained. Response/Residential - Materials will include a mix of engineered and nature word siding and trim products with additional applications of feature material and/or detail at entries. Response/Commercial-The veneer masonry products selected will provide incredibly long-lasting fa4ade treatment. Minimum Standard: Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Response/Residential - Materials used will incorporate selections that support the buildings residential architecture through texture, pattern and color. Breaks, transitions, and changes of material across the facade of individual buildings will be enhanced with planned siting modulation and articulation. Response/Commercial- Refer to provided elevations which illustrate compliance with this guideline. Guideline: Building materials should be attractive, durable, and consistent with more traditional urban development. Appropriate examples would include brick, integrally colored concrete masonry, pre -finished metal, stone, steel, glass, and cast -in-place concrete. Response/Commercial- Materials selected match this profile exactly. Guideline: Concrete walls should be enhanced by texturing, reveals, snap -tie patterns, coloring with a concrete coating or admixture, or by incorporating embossed or sculpted surfaces, mosaics, or artwork. Response/Commercial- N/A Guideline: Concrete block walls should be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or incorporate other masonry materials. Response/Commercial- N/A Guideline: Stucco and similartroweled finishes should be used in combination with other more highly textured finishes or accents. They should not be used at the base of buildings between the finished floor elevation and four feet (4') above. Response/Commercial- N/A Page 30 of 32 F. SIGNAGE: Intent: To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale for the project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest. Response/Residential - N/A Response/Commercial- The financial institution deploys a high quality exterior signage program. All the signs derive from a coordinated standard and are tailored specifically to each site and building_ The signage proposed will align with district guidelines and bank standards. Minimum Standard: Signage shall be an integral part of the design approach to the building. Minimum Standard: Corporate logos and signs shall be sized appropriately for their location. Response/Commercial- Noted Minimum Standard: Prohibited signs include (see illustration, subsection RMC 4-3- 100.J3a): i. Pole signs; ii. Roof signs; iii. Back -lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet signs). Exceptions: Back -lit logo signs less than ten (10) square feet are permitted as are signs with only the individual letters back -lit. Minimum Standard: In mixed use and multi -use buildings, signage shall be coordinated with the overall building design. Minimum Standard: Freestanding ground -related monument signs, with the exception of primary entry signs, shall be limited to five feet above finished grade, including support structure. All such signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director. Response/Commercial- A monument sign in indicated in the northeast corner of the site. Minimum Standard: Entry signs shall be limited to the name of the larger development. Response/Residential- An entry sign designating the name of the community will be provided in keeping with standards. Guideline: Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. Page 31 of 32 Guideline: Front -lit, ground -mounted monument signs are the preferred type of freestanding sign. Guideline: Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian -oriented streets. Response/Commercial- A blade sign is proposed above the ATM to direct pedestrians form street through site to ATM, a community asset_ G. LIGHTING: Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Minimum Standard: Lighting shall conform to on-site exterior lighting regulations located in RMC 4-4-075, Lighting, Exterior On -Site. Response/Residential- Lighting standards will be modified for a general application consistent to a residential / neighborhood need to promote social safety and security. Minimum Standard: Lighting shall be provided on-site to increase security, but shall not be allowed to directly project off-site. Response/Residential- This standard will be applied. Response/Commercial- Financial institutions have inherent security concerns and state code 19.174 RCW specifically provide guidance for lighting at ATM's and night depository. We intend to provide adequate lighting for safety and meet State and Renton codes. Minimum Standard: Pedestrian -scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian -oriented spaces. Response/ Residential- Walkways associated with the greens amenity, will have adequate lighting on a pedestrian scale (ground and/or low pole fixtures) to enhance security and safety without intrusion to adjacent living homes or off-site properties. Response/Commercial- Primary and secondary entries will have exterior lighting. Guideline: Accent lighting should be provided at focal points such as gateways, public art, and significant landscape features such as specimen trees. Guideline: Additional lighting to provide interest in the pedestrian environment may include sconces on building facades, awnings with down -lighting, decorative street lighting, etc. Page 32 of 32 k First American Title 1. CLTA 14 Subdivision Guarantee - WA `S L1I♦tt` Fast American aasi` First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 February 10, 2014 Paul Lozier Group 1300 114th AVE SE STE 100 Bellevue, WA 98004 Phone: (425)635-3922 Fax: Title Officer: Kristi Mathis Phone: (206)615-3206 Fax No.: (866)859-0429 E -Mail: kkmathis@firstam.com Order Number: 2208993 Escrow Number: 2208993 Buyer: Owner: Property: To Be Determined Renton, Washington Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First. f0,11,R 0 7 t=orm 5003353 (2-1-13) Page 1 of 10 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title 'First American Guarantee Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5003353-2208993 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called the Company GUARANTEES Lozier Group the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. This jacket was created electronically and constitutes an original document orm 5003353 (2-1-13) Page 2 of 10 uarantee Number: 2206993 CLTA #14 Subdivision Guarantee (4-10-75) i Washington First American Title Rrst American Title Insurance Company 1. �ti1SlE r� !.•'sit � �*' • �#� f 'rel...... Dennis!. Gilmore Timothy Kemp x..11* President Secretary This jacket was created electronically and constitutes an original document orm 5003353 (2-1-13) Page 2 of 10 uarantee Number: 2206993 CLTA #14 Subdivision Guarantee (4-10-75) i Washington First American Title First American Title SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in (a) Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether (b) or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (c) (3) are shown by the public records. (d) Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee, GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute Actions; Duty of The following terms when used in the Guarantee mean: Assured Claimant to Cooperate. (a) the "Assured": the party or parties named as the Even though the Company has no duty to defend or prosecute as Assured in this Guarantee, or on a supplemental writing set forth in Paragraph 3 above: executed by the Company. (a) The Company shall have the right, at its sole option and cost, (b) "land'% the land described or referred to in Schedule to institute and prosecute any action or proceeding, interpose (A)(C) or in Part 2, and improvements affixed thereto a defense, as limited in (b), or to do any other act which in its which by law constitute real property. The term "land" opinion may be necessary or desirable to establish the title to does not include any property beyond the lines of the the estate or interest as stated herein, or to establish the lien area described or referred to in Schedule (A)(C) or in rights of the Assuredr or to prevent or reduce loss or damage Part 2, nor any right, title, interest, estate or easement in to the Assured. The Company may take any appropriate action abutting streets, roads, avenues, alleys, lanes, ways or under the terms of this Guarantee, whether or not it shall be waterways. liable hereunder, and shall not thereby concede liability or (c) "mortgage": mortgage, deed of trust, trust deed, or waive any provision of this Guarantee. If the Company shall other security instrument. exercise its rights under this paragraph, it shall do so diligently. (d) "public records": records established under state (b) If the Company elects to exercise its options as stated in statutes at Date of Guarantee for the purpose of Paragraph 4(a) the Company shall have the right to select imparting constructive notice of matters relating to real counsel of its choice (subject to the right of such Assured to property to purchasers for value and without knowledge. object for reasonable cause) to represent the Assured and shall (e) "date": the effective date. not be liable for and will not pay the fees of any other counsel, 2. Notice of Claim to be Given by Assured Claimant, nor will the Company pay any fees, costs or expenses incurred An Assured shall notify the Company promptly in writing in by an Assured in the defense of those causes of action which case knowledge shall come to an Assured hereunder of any allege matters not covered by this Guarantee, claim of title or interest which is adverse to the title to the (c) Whenever the Company shall have brought an action or estate or interest, as stated herein, and which might cause interposed a defense as permitted by the provisions of this loss or damage for which the Company may be liable by Guarantee, the Company may pursue any litigation to final virtue of this Guarantee. If prompt notice shall not be given determination by a court of competent jurisdiction and to the Company, then all liability of the Company shall expressly reserves the right, in its sole discretion, to appeal terminate with regard to the matter or matters for which from an adverse judgment or order. prompt notice is required; provided, however, that failure to (d) In all cases where this Guarantee permits the Company to notify the Company shall in no case prejudice the rights of prosecute or provide for the defense of any action or any Assured unless the Company shall be prejudiced by the proceeding, an Assured shall secure to the Company the right failure and then only to the extent of the prejudice. to so prosecute or provide for the defense of any action or 3. No Duty to Defend or Prosecute. proceeding, and all appeals therein, and permit the Company The Company shall have no duty to defend or prosecute any to use, at its option, the name of such Assured for this action or proceeding to which the Assured is a party, purpose. Whenever requested by the Company, an Assured, notwithstanding the nature of any allegation in such action or at the Company's expense, shall give the Company all proceeding_ Form 5003353 (2-1-13) age 3 of 10 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title GUARANTEE CONDITIONS AND STIPULATIONS (Continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guaranteer together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2, (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by orm 5003353 (2-1-13) age 4 of 10 uarantee Number: 2208993 CLIA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title GUARANTEE CONDITIONS AND STIPULATIONS (Continued) any method, including litigation and the completion of 12. any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. 13. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 511 Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. 3udgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707 Claims.NICillFrstam.com Phone: 888-632- 1642 Fax: 877-804-7606 A M E R I C First American 77de Form 5003353 (2-1-13) age 5 of 10 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4.10.75) Washington First American Title First American Title First American Schedule A Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 2208993 Order No.: 2208993 Liability: $1,000.00 Fee: $200.00 Tax: $19.00 Name of Assured: Lozier Group Date of Guarantee: February 04, 2014 The assurances referred to on the face page hereof are: Title is vested in: WASHINGTON FEDERAL, A NATIONAL ASSOCIATION AS TO PARCEL A AND LOZIER AT WHITMAN COURT, LLC, A WASHINGTON LIMITED LIABILITY COMPANY AS TO PARCELS B AND C 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein, 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. �orm 5003353 (2-1-13) Page 6 of 10 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title Fust American Schedule B Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 2208993 RECORD MATTERS 1. General Taxes for the year 2014, which cannot be paid until the 15th day of February of said year. Tax Account No.: 518210-0021-02 1st Half Amount: $ 4,895.69 Assessed Land Value: $ 686,600.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 4,895.69 Assessed Land Value: $ 686,600.00 Assessed Improvement Value: $ 0.00 Note: Taxes and charges for 2013 were paid in full in the amount of $9,857.22, Affects: Parcel A 2. General Taxes for the year 2014, which cannot be paid until the 15th day of February of said year. Tax Account No.: 518210-0020-03 1st Half Amount: $ 5,274.12 Assessed Land Value: $ 739,700.00 Assessed Improvement Value: $ 0.00 2nd Half Amount: $ 5,274.12 Assessed Land Value: $ 739,700.00 Assessed Improvement Value: $ 0.00 Note: Taxes and charges for 2013 were paid in full in the amount of $10,536.35. Affects: Parcel B 3. General Taxes for the year 2014, which cannot be paid until the 15th day of February of said year. Tax Account No.: 518210-0022-01 1st Half Amount: $ 557.91 Assessed Land Value: $ 77,800.00 Assessed Improvement Value: $ UO 2nd Half Amount: $ 557.90 Assessed Land Value: $ 77,800.00 Assessed Improvement Value: $ 0.00 Form 5003353 (2-1-13) age 7 of 10 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title Note: Taxes and charges for 2013 were paid in full in the amount of $1,114.56. Affects: Parcel C Taxes which may be assessed and extended on any subsequent roll for the tax year 2014, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. Reservations and exceptions contained in deed from Northern Pacific Railroad Company: Auditor's File No.: 192430 As follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. 7. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded November 18, 1964 under recording no. 5813072. Affects: Parcels A and C 8. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded December 16, 1964 under recording no. 5823627. Affects: Parcels A and C 9. Right to make necessary slopes for cuts or fills upon property herein described as condemned in King County Superior Court Cause Number 632233. Affects: Parcels A and C 10. Easement, including terms and provisions contained therein: Recording Information: 8509260881 For: Sanitary Sewer Affects: Parcels A and B Said easement has been modified by easement recorded under recording number 8609111674. 11. Easement, including terms and provisions contained therein: Recording Information: 20000418000708 In Favor of: City of Renton, a municipal corporation For: Utilities and Utility Pipelines, including, but not limited to water, sewer, and storm drainage lines Affects: The Northerly portion of Parcel A 12. Easement, including terms and provisions contained therein: Recording Information: 20040309002194 In Favor of: United States Postal Service For: Joint Access Affects: The Easterly portion of Parcels A and B Form 5003353 (2-1-13) Page 8 of 10 uarantee Number: 2208993 CLIA #14 Subdivision Guarantee (9-10-75) Washington First American Title First American Title 13. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Ribera-Balko Short Plat No. LUA-02- 129-SHPL recorded under recording number 20090409900002. 14. Easement, including terms and provisions contained therein: Recording Information: 20090409001132 In Favor of: City of Renton, a Municipal Corporation For: Sanitary sewer utilities and utility pipeline Affects: The Easterly portion of Parcels A and B is. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: August 18, 2009 Recording Information: 20090818900001 Affects: Parcel C 16. The terms and provisions contained in the document entitled 'Temporary Construction Easement" Recorded: April 19, 2012 Recording No.: 20120419001608 Affects: Parcel A This temporary construction easement shall become effective upon execution by the Grantor and Grantee and shall continue for two (2) years. 17. The terms and provisions contained in the document entitled 'Temporary Construction Easement" Recorded: May 30, 2012 Recording No.: 20120530001619 Affects: Parcel B This temporary construction easement shall become effective upon execution by the Grantor and Grantee and shall continue for two (2) years. 18. The terms and provisions contained in the document entitled "Shared Access and Maintenance Easement" Recorded: May 30, 2012 Recording No,: 20120530001620 Affects: Parcel B Informational Notes, if any orm 5003353 (2-1-13) age 9 of 10 uarantee Number: 2208993 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title Firs# American 'Schedule C Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 2208993 The land in the County of King, State of Washington, described as follows: PARCEL A: Lot 1 of the Ribera-Balko Short Plat No. LUA-02-129-SHPL recorded April 9, 2009, as Recording No. 20090409900002, records of King County, Washington; Except that portion conveyed to City of Renton by deed recorded under Recording No. 20120419001607. PARCEL B: Lot 2 of the Ribera-Balko Short Plat No. LUA-02-129-SHPL recorded April 9, 2009, as Recording No. 20090409900002, records of King County, Washington. PARCEL C: Tract A of City of Renton Lot Line Adjustment No. LUA-07-080-LLA recorded August 18, 2009 as Recording No. 20090818900001, records of King County, Washington. arm 5003353 (2-1-13) age 10 of 10 uarantee Number: 2208993 CGTA #14 subdivision Guarantee (4.10.75) Washington First American Title First American Title 2. Map -Customer _ - Aoozzzz t 3z ;so--y7-aa °' rqK K 353AV H196L cr N 2i3W—'r,�1'"fr'yl; A ` _ d aaw,i...+r�•r• w� '.. r, e5•- ..+4+: ...., �:j n, .., ':.r _. :,'. t. "1l, 1:'WC jt:l ld b}tl Yi J;' _...�'.! 4 __ _t;7:t , 7,8 r be 3 AAV NOl 32i x .[Q '_ e � o M'w roo w cM$ g �o E 4 I � ❑ �o _ lw§. �-"{Oz� ., w a s; 7a Fs . ai _ [c,•sb V � Fl( '2F Nn7� r sq M1 VS �Lfl Wl: WR�On�w8t OD Or Y Y.N-I 3'. 3'. 3 3.: 'TN _ 1 _. ..'3 Y 9 Lv LC.'2FS7: •d: - 3 Ea .„ !rl m dWc3 f. v_ 'e R` '•°-'O `�I�•iF Mff 3h V53 03tlNZN,S6/1 TT8 ' ET ��'dS U i- o j11 L/ -3 vsn "`MAxEAir ., 9 -D14 1'_] � ... .r, t+.'v;r � .. � f ,. ._ F� $� itfi!�W'!iioieL,EE(E��LLx.IM ........ ...... .... ... C � L'J O22 6i.t1pG xn I M p ry� .. N, NI {• � � i 62 AF. N; �o fJp T�P H zoo 66("60oZ� a w IdHS-6ZVZ0-Vn dSN21 � N tit D 11 ,qi Y. N a lhry E N Z� W. KnNi �$ H is IT 2,�1'E ` 63'97E J W �2F �flT;AN3AVNO ., � v EEEfi_ .s7 , E 4 a W£ Z n ... ...-... O m ,'o'SR ok q1 O C Qo 4 pn n !{f 14 � � ter, ...� � O, O .i O 0 ;♦Q' � 6,. t w I « 0 -IW r z a wm X2W7 2 z [ _ 4.w - _----- First American Title First American Title 3. Vesting_20131001001298 AFTER RECORDING MAIL TC Washington Federal 425 Pike Street Seattle, WA 98101 20131001001298 FIRST AMERICAN O 74.00 PAGE -001 OF 003 10/0112013 13:00 KING COUNTY, WA E2633588 10!0112013 12:59 KING COUNTY, WA TRX 3,145.00 SALE S1, 000.0® PAGE -001 OF 001 Piled for Reoord at Request of: AMM enginee M& Am far R.v"wUraQ* First American Title insurance Company National Commerdal Services BARGAIN AND SALE DEED File No: NCS-595435-WAl (vlc) Date: September 19, 2013 Grantor(s): 5815 Ribera Balco LLC Grantee(s): Washington Federal and Lozier at Whitman Court, LLC Abbreviated Legal: Lots 1-2, LUA-02-129-SHPL rec. 20090409900002 and Tract A, LUA- 07-080-LLA rec. 20090818900001 Additional Legal on page: Assessor's Tax Parcel No(s): 518210-0021-02 and 518210-0020-03 and 518210-0022-02 THE GRANTOR(S), SS 16 Ribera Balco LLC, a Washington limited liability company, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, bargains, sells, conveys to Washington Federal, a National Association as to Parcel I and Lazier at Whitman Court, LLC, a Washington limited liability company as to Parcel II and II1, the following described real estate, situated in the County of King, State of Washington. See Legal Description attached hereto as Exhibit A and by this reference Incorporated herein. Subject To: This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. Page 1 of 3 LP8 15-05 Description: Sing,WA Document - Year.Manth.Day.DoclD 2013.1001.1298 Selected Pages 2-3 Page 1 Order: 21 comment: First American Title 20131001001298.00i First American Title 20131001001298,602 APN: 516210-0021-02 Bargain and Sale Deed Re No.; NCS-595435-WAI (vic) - coftnued Date: 09/19/2013 SB 16 Ribera Basco LLC, a Washington limited liability company By: Seattle Bank, Sole Member By: Patrick F. Patrick, President By: Keit Mccullaugh, Vice president STATE OF WashingWn ) )-ss COUNTY OF IGng j I certify that t know or have satisfactory evidence that -2" Ick F PHnQjek � Ke,7-H mc, 0-,C.4- circ h t- r W4M the person(5) who appeared before me, and said p (s) acknowledged that he/she/ @b signed this instrument, on oath stated that he/shefihjp is/are authorized to a mcute the instrument and ackno jedged its the FpQEs i Df 0r r V f a E PRfS Z; il*.oLSP Tia �L+! Of S�9 ri2.F 0�K-1, --- to be the free and voluntary act of such party(les) for the uses and purposes mentioned In this i ment. .0 SexerriF77B� Q OP 693 Ne R161�RA BALeD d -,f -e . dd Gated: `if I R 1 1 3 r�-zl�h.+..R VMW411 Cf]Y7 IZ_ 0— [nrk Ft h+1p Notary Public in and for the State of Washington 1u, Residing at, S -ea ;j" My / appointment expires: lu� W Page 2 of 3 LPB ISOs Description: xing,WA Document - Year.Month.Day.DoclD 20I3.1001.I298 Selected Pages 1-3 Page 2 Order: 21 Comment: First American Title First American Title 20131001001298.003 AVN: 5182W-0021-02 Baryaln and Sale Deed File No,: N6-595195-WA1(vk) - canftnd Date: 09/1912013 EXHIBIT A LEGAL DESCRIPTION: Real property In the CDunty of King, State of Washington, described as follows: PARCEL. I: Lot 1 of the Ribera-Balko Short Plat No. LUA-02-129-SHPL recorded April 9, 2009, as Recording No, 20090409900002, records of King County, Washington; Except that portion conveyed to City of Renton by deed recorded under Recording No. 20120419001607. PARCEL II: Lot 2 of the Ribera-Balko Short Plat No. LUA-02-129-SHPL recorded Apol 9, 2009, as Recording No. 20090409900002, records of Ring County, Washington. PARCEL III: Tract A of City of Renton Lot Line Adjustment No. LUA-07-OWLLA recorded August 18, 2009 as Recording Na 20090818900001, records of King County, Washington. Page 3 of 3 LPS 1505 Description: Sing,WA Document - Year.Month.Day.DocID 20I3.1001.2298 Selected Pages 1-3 Page 3 Order: 21 Conmrent: First American Title First American Title 4. Exception -06-192430 teed :-31eid Juno 2(}jp1q00Z5iV4 VM* Wedreit u ,19a0 oon.:L �A (; _. /y f ftrt}ibrn Pani ai is R1w>;y ,arpM; "ib Jaroer� is ^n3nin nomt tcbnrug� ` Auld N 11 Uar fain of St Y - 10P 'fit 4 lift � a l' ad u Z; t•p ?."i 3; R s F TLt c art 4i; 160 eta---- Tor and nub wars--�— R wit's(Oar. as } v;arthorr �c!o if i a nn!].tr:.y :`ar..pP � ► -• s "t- D isr., 111rusidart Att-.8P V ftrbr.•f•gAIRair-tom+•. �iel�:ltlt�:i'y S 0 31st '' or R&T2tc+r7)s . 1•11na. At.t .1 First American Title -.ufl of bri of cora hal P A Deal. OMJB =SNOW =00t},.s First American Title I V (Form S) pmTHE" tAC11r1C IRAXLMAY C"AW Reserving and e:ceptiag fres said lands such as are nen ino++ri or scull her■af[be ae �aiT . wined to Contain CUslOr and 13resrADd ig csIAD of s" use of 55 to inchc7h sur ze:erved &M fam e�ePCed coal a=d Lros for win Ow ope sad warleia� firs same. lands, fos Circ purpose of *Yplorine. developing I First American Title First American Title 5. Exception_075813072 A 13721. 3.2, 128th Xwtm . Ift.'' `` R/M ].805 AZ: Frank llebena ll{ U-aDEED 17 iGh-MMA 4w- �+ BaMton, Va. Tract 2 �Tr. ffraltter.... %.r.h.. P-rik J. $19bPnR ]Ail.-ilra....lraak.. �} •+farts...... for tre ..add.rnl•a at t?a1Ln sa am er b o th to sews. ta...�.i�L*.'.<.. �ti ..by room ar ]Vial Net sad solaeLhiaP a PuMia road trr.ssY...l _t tow .I.t�_ ...PwPOM,� d wbieh is lV.hai W iYfllit.d. eee►4. retear , and 9nit- datls...... to the Caul! of. . � n yc` Strte or Washmetoa for U" or tll >'eitiilir S.fepp*er u ■ yyPPwsbiie read sad��r wV all iniar.st tboret followa>s de.t tt»6 real e�Lit. ; >;y Z .4r:f!�nai3d�rnrtionobeing desortbed esafollowatire ,V -e S c12 ft, at the N. L'2 It. 4f the E.1/2 of the N.Y.+ of the N.Y., of the N.Y.; of settlor. Gontaining 0.10 lorer more or lees. :i%N S.F. 12dtt St. ( 132nd Ave. S.E. to 1661tt, Ave. S.£.} yp�t1�� with tN HIM to a41cC W RNMw? �r ire cuts wd ttt9e.yea tM "tiNg =471, �paet7, sad ca wd ills :f Maid dewlMd ri�t•.NeU'. IN •w�T wilt sfaadni ahs scud V-Hiadiaaa f.► Ylstw+7 MSP . rid t6 tl" acme saMat sed PeYwe M iftee lieu Morin�pw M& bod bora a.eeirod h e.sd+nnstiea ProM.d• bw www meiawt Delaia Afoot" of tRe Stau a! �ia.riaataa siraated in 04 C.sll Oi rC 11 i ITI I . Btrq rd Wail tRtea- Dmd dq d..., . 77-+ 4, r r .... -_ . D_ 111 `Y. ... ��.� VAN /SM WI.I����w� commYF.... .6.fa.�.0 ...�.x.........w.. / oa ss.—P2........... • dal also o �PaL o is and tw ti. Mah .f RuWates, dao ssriaierM sd swum iwnaib .I'.c i..!•- J.�t r .� f e to M krraw to be da la� dMrQPOd is sad "�1(1r�et and .dlraerlads.d to sit sMt....'Cj. "."t . aiprd sad wand lie .ami. r +. ` ret sed deed ler the sow a! lnmu• trema �.ati.sei. ;llwl nal w dLP sed riw tSw .. .. wlilti 01 *Wks NMut F.M1l JR astlir sl I 'A 3 � t r FSI 1 24 ° I MDill First American Title First American Title 6. Exception-. 08_5823627 :30 a a�.s• I25l3 aR. QjJrr4L XWm18010100., Yn. 1° Iraet 3 fts lr.Mer. a y ar ...LY. CaP.M.MA.&SUM i. C�r.w...... .._. far tYs seaodratia w.... x...1 ,•00 .� • +............... + W ate+f leetf'Ha N aa.m ta.-L+rt„- _.._.y 7aare of lyly eat a.d.µh Aiw ■ low* n.d 1 !i.�.�C..... P"oty, ud'bw it Iargisa r4MUMPM aeo.q-:.._. rrtme,. > and gow- tI dad to 6a Caaaq a!-.. t� . . ltek of Wa kkm for.ae at ' i ! tRa TaYir tamer, N • laU1+a teed .ad lylwU, WI I.lsr.t i. tlt le8e+iq daaerilra real edatr, na.- ya.ry,Minnof aatd pertlooh ingtdaadritad cre *aafelloaeto'ihanS. 1t ft. of the N. y2~f t, of the S, 60 ft, Of tGe kr. 90 it. at tte Y-1/2 of the 9,?•{ of tks SGS, of Of, 400. 15.1 2ndayre gS.E? !o l6Rthrl�er SCge1 w S.F, 128th St. [ :rc viti-i tla t h s,1e W .aessul M7et ws W !Yh tle a6Ylded a , I.awd66 ekbv ai&.4 e�a� rSatbo4•ar. r ah;:" vM nadn+dw gNl[kat�aeowewe.. �roaees a dtotheavaaatmt ad PWPW. 8tlr rklts Ua.a area Id Mae "de aldbw DMAM whiaa of as 8gt►N d 0. Aa"gh IRMW k tla CMt7 d... Jk + / `..... . Side It Wadiwo. day of. WFTNM; am Or WAO MalOM l w Mme. ol..._ ..... ........ - �. J in aed fm Go ShM at W.li ahs. d* leat*iedmad W mom, rM.tR7 atM-V.. Cft nse.tad ! j�tapt atd aeiseladpi N r tMt-.� %r dpad aad srled a +ane u ad ad #.d for do ass W VKvies tlsras amfmo& R r A -N6dal atal W dq W 7a. tint deft wrdtm. Natal � fAWaK■adiaeter. at-ie..,��''��f'R/t- - GY :d3 First American Title I qb� w First American Title 7. Exception 10 8509260889 First American Title UTILITY EASEMENT Ms tansTlaNENI, ode this Z 3 day of by and 044" NEW 2_ BALMD and AOMr W10 ; hereinafter called 'Grantor(W. and FAiRFIELD OEYEIOPIENTS. INC.. a Wasbiwgton. Corporation hereinafter called 'Grantee'. es/GW26 40081 a REM.F 7.00 n1lhEssETx: �+`� +++mz.ao That said Grantor(s). for and in .consideration of the sum of S ONE OULLIYi paid ti Grantee, and other valuable consideration, do by these presents, Want, bargain, sell, convey, and arrant veto the said 6rantee, its �p} smocessors and assigns, an easement for sanitary seiner with necessary appurtenances over, through, across and upon the following described property I iw King foanty, Washington, mare particularly described as follows! The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 114 of the Northwest 1/4 of the qq Wortbwest 1/4 ia'Section 15, Township 23 Borth, Range 5 East, W.n., in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 3613072; APO txcM all coal and minerals and the right to explore for and mine the salve as excluded in deed recorded under Auditor's File 6! No, 3412406; (ALSO KNOW a5 Tract 2 of Wartin's Akre Tracts, @ aawYCorbedl', Situate in the City of Renton. County of King, State of Washington. See attached sketch. Grantor .dpes further Convey and grant a'teaporary construction easement for all purposes during the construction of the said facilities over, across; along, Z coon mod soder the following described property, together with the right of, ingress to and egress from said described property for the foregoing purposes, said temporary MINOR! t to commence on the date of this Instrument and to terminate on the date actual use of said easement area shall terminate, -or November I, 1967, %bindnever occurs first, The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Nortbrest 114 in Section 15, Township 23-N", Range 5 Fast. W.M1.. in King County. Yashington; EXCEPT portion thereof conveyed to King County for Sautheatt 128t_4 Street, under Auditor's File No. 5813072' NO ERCEPT all coal and minerals and the right tc explore for and - wine the use as excluded in deed recorded under Auditor's File No: 3012416; (ALSO KWA AS Tract 2 of Partie's Acre Tracts, wwacoMal Situate in the C1ty of Renton, County Of King, State of Washington_ See attached sketch. Fairfield Deve/opmeots, it successors. heirs. and assigns, agrees to indemnify and hold, harmless the Grantor(s) from any liability.costs or expersms whatsoever relating to the ase of the temporary .ease meat by the QMtee(s), their smecessors or assigns. First American Title A `'` Said heretofore Watiowd Grastee, Its successors or assigns, sbali bave the riot. wfthaat prtor notice or proceed to at lar, at suds tits as aty W seoessm to Now pen. said abua-described peetrenaat nsdwat for the prirpese of Constructing. mintafniog, repairlag, altering. or reconstructing said otillty. er aokisg Amy Ownectioss thenerith, wi--'- iscarriag- any legal oblilativas or liability tberOore. prnrided tut such Construction. wistaining, repairing, altering or retonstrrctin9 of such utility shall be wcwplisWd to such a wooer shut the private iaproveaemts existing is the rigbtlsj-of-epr shell not be distin or dma}ed, or is the event they are 41stwtol or daaoged, thew will be replaced in as 9004 a oaditioor as they mere imadiately beta= the property Mus entered Wan by the Grantee. 1he 6raator shall fully one and enjoy the afpredow1bed prnsntses. including the right to retain the right to we the surface of $414 right-Ofinyr if sock use does not interfere with installation and wig of the utility line. abnerer, the Wantor shall not erect buildings or structures atter, ander or across tate rigbt-of-May during the exist+eeoe of such utility. 7 Grantor acknowledges that the Grantee my transfer this easement to the City of Renton for the purposes herein described_ This assmat shall be a etvenast rowing with the. land and shall be binding on the Grantor, Grants; their weessors, heirs. No assigns. Grantors covenant that they are the lawhl *dears of the abort praparties tad that thay'hare a good_.aad'iawful rf¢t to emNxft this Agreaa�nt. vM OF ss. CM I I Q'F lte�j to the.v dersigned. a iietary public is am for the State of ,r . beneby certify that ontlnisy of 19L. P y appeared: before ane HR n&1, .% f3a IM _ — g:and 2 —?:,' 1EJi --- t0 so known :to be todividaal V described in and We executed the foregoing iostronent,.and - ad"Aadgad that - (e signed and salad- the - sae as :nej6.e free and volintary act and deed for the uses and porRases tberain ssatiaaed. First American Title TM41. or SAM mile In and far' o: f raidisa� Z cr !fid a'F LS First American Title TM41. or SAM mile In and far' o: f raidisa� Z First American Title First American Title First American Title 8. Exception__10a_8609111674 RlQ61YLJ dli YAY 1 ' A N6�O9�11 Nl57t B RECD F a'00 CA5M5L ***W9. THIN rMT1QlHSNT, made this day of 1986, by and between FJIEFIELD ORVELOPIMM, IWC., a Washington tp Corporation (berainaftor called `Grantore) and TSE CITY OF RzNTcw, a xasftington aunicipal corporation (hereinafter called ■the clty). IffrEIRS&S, Grantor has obtained a utility easesawt through, across and upon Property in Xing County, Washington, said sasa- aent being recorded in the official records of Xing County, a copy of which is attached berate as Exhibit a and incorporated by this reference bereinr and WHEREAS, said moment expresaiy provides that the saauent may be transferred to the City of Rentonr and WtMMs, the City has regcested the transfer of said ease - =ant as part of the approval process of Grantor's developum' of the property served by said easament. WW, THEREPOS, in oonsidoratica of the mutual covenants contained herein and other good and valuable consideration, Grantor doss by these presenta grant, bargain, &ell and convey onto the City said utility samoent recorded in the official records of X118 County, a copy of which is attacbsd bereto as Exhibit ,, along with all rights and responsibilities appurtenant thereto. Grantor retains a temporary construction eessment for all purposes during tbn Oonstrwaion of any facilities over, across• along. in, moa, and under acid eeaemant, together MitD the right of ingress to and Mrs" fry said Msewsnt Lox the construction, vaintensnea cad repair of any atility "Cultism rsgnira to be iastmlled or aaimtainad by Grantor. Floc Re^ a Req Narac d .-.3 a, EI{C!S£TA1lNOlBEQUIRl1.1 CL Nora Ow" s,.r. s-E��kLx- First American Title First AmRrinan Title First American Title A lw on2ma NUREDF the said grantor has e■soated this instrument on the LX day of -�. 1996. Fl1Iwrno i}6VELOPxwm, I*C- gFch&rd R. ustnaway Vice President ' RMTE OF XMINOTON } } as. C7DHTY OF RING } I certify ttat I know or have satisfactory evidence that R4ohar4 R. aethawaY signed this instrument, on oath stated that he Mae authorised to saeeute the i4gtrument and acknowledge a■ Vioa President of Fairfield Developments, Inc - to be the free and voluntary act of such party for the uaee and Purposes mentioned In the instrument. J Dated: x a Notary Pub.11-C—In an or State pf waarh�i�ngton, zeaiQing at First American Title VMITY EASEMENT THIS INSTA111ERr, suede this ! I day of ig by and between MERRY J. MKO and 1 hereinafter called •grantor(%)", and FAIRFIELD OEMU MIERTS. INC., a Washington Corporation herainafter called •SrantiIe•. W 926 *Mel 9 I40 f 7.w CF61151. *"*7, oo. NITMESSM That said Grantor(s), for and Is consideration of the smmm of S ORE DOLLAR paid by 6ranthe. and ether valuable consldaration, do by these presents, d grant, bargain, sell, convey. and warrant unto the sold Grantee, its pp 0 successors and assigns, an easement for sanitary serer with necessary VA appurtenances over, tiFroigh, across and upon the following described property 1 in King County, Washington, more particularly described as follows: The East fifteen (15) fart of the following described property: The Emit 1/2 of the Northwest 1/4 of the Nortlwwest 1/4 of the Northwest 1/4 fn Section 15, Township 23 north, Romp 5 East, li.N., in King County, Washington, EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 5813072; AND EXCEPT all Coal and minerals and the right to explore for and 1 mine the same is excluded in deed recorded under Auditor's File RD. 3012445; (At SO KNOWN AS Tract 2 of Martin's Acre Tracts, unrecorded): '3 Situate In the City of Aeaton. County of Xing, State of Washington. 4 O See attached sketch. Grantor don further convey and grant a temporary constructloo aaseament for all LID L purposes during the construction of the said ficilitfes aver, across, along, in. won and under the following described property, topether with the right of Ingress to and egress from said described property for the foregoing purposes. said teeporary easement to cmmce on the date of this Instruakot and to terwlote on the deco actual use of said easement area shall terminate, or November 1, 1987, whidn"r occurs first. The East 1/2 of the Northwest 1/4 of the Northwest 1/4 Of the Nartlamst 1/4 In Section 15. Township 23 North, Range 5 East, M.N., in King county. washlagten; EXCEPT portion thereof conveyed to king Courtly for Southeast 18th Street, ander Auditor's File No. 5813012• AND EXCEPT all coal and minerals and the right to explero for and mine the same as excLdad IN deed recorded under Aadltor's File no. 301244d; (ALSO XNM AS Tract 2 of Nartia's Acre Tracts, Situet* Is the City of Remtaa. CW4 of King, State Of 1NshingtoR. S*e attK%W sketch. Frirfield Oareleanets, It suooassers. heirs, and Might. WGIS if indunify and haw "Muss the bentme S) fry aag liabiilt .eau or espom tmietmm Poncho to tis esu ed time temporary eas*maat by tbm 411reetse(s), thufr sec— , — er "Sign. 0 First American Title First American Title Q 6 W4 .A �F First American Title Said hKetafere n"tioned Grantee, its successors or assigns, shall have the right, wibwot prior notice or proesedfng at law, at such tiers as any be necessary to venter upon said above-described pwaehent easonwnt for the purpose of Constructing, aelataislog, repairing, altering or reconstructing said utility. or sinking any connections therewith, without incurring any legal obligations or liability therefore, provided that such construction, wintaining, repairing. altering or reconstructing of such utility shall be accomplished In such a amrmr that the privatr irproverants axlsting in the right(s)-of-way shill not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as goad a Condition a$ they were Imma,distely before the property was entered upon by the grantee. The Grantor shall fully use and enjoy the aforedescribed prenises. including the right to retain the right to use the surface of sold right-of-eay if such use does not interfere with installation and vrintensoca of the utility Tine. However, the Grantor sha1T not erect buildings or structures over, under or across the right-of-way during the existence of such utility. Grantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein described. This easemiat shall be a covenant running with the latW and shall be binding on M Grantor. Grantee. their successors, heirs, and assigns. Grantors covenant that they are the lawful owners of the aWve properties and that they have a good and lawful right to extewte, this agreement. .M STATE OF L 1 COlalll' OF } 1. the undersigned, a Notary puhlic in and for the Stats of ru hereby certify that oo thls9 (qY of �, 19L. pera y appeared before ma _(e.,aJ�r and Grave :-&I1ia to me known to be individual(] described in and On @..@toted the foregoing instroo nt. and acknowledged that ::-4e:l signed and sealed the seer as -keL� free and voluntary act and died for the vies and purposes therein Mentioned, -"Notary hmblic'IM ms for t4-.StA'P.p?•. •_ a Alk5d. nmsidtnt at M Z� _p. First American Title 9. Exception_11_20000418000708 CO aZ7 C— CD a cs M, lietum Address City Clerk's Dffioe City of Renton 1055 South Grady Way Renton, WA 98055 Title UTILITIES EASEMENT Tat Pared Number: S"/ 8 ' O "" 0020 PojectUak51,P, Rtfe renae Ntunber(s) of Docutneats assigned or rckased A&hbwd retireacc numb= we an pogo Grsuttor(a): Grauh*x): 1 R+t3C�9' L ie[vl�r�l Rlah'ISCr�� 1 City of Renton, a Mumcipal Corporatm 'f ae Grantor, m mored above, for or and m caumdasdm of mahW b meW hereby pants. barge a% sella and dehvess to the abovc awned Grantee, the following descnbed prop W Adchfiw l lcgd is an pope --f of doassmeat VMmigedf d las ro- AWSTla Aero) 1EGALDE5CREMON p : ar7 19� J`�eG7 ors 1.5� % 31✓�Q J ODOM N TORMS9tCC8HCORD1FMBAENr DOC pw l FORl11 o3 OOOOA&CA2-41-47 ,} _ First American Title First American Title C= 0 r� 0 a co r 47 cm O O N That said Gmnhw(s), for and in conuaderarion of mutual bemfits, do by these presents, grant, bargain, seU, convey, and warrants unto the said Granton, its snovasors and assigns, an easement for public utilities (including water, wastewater, ctrl surface water with necessary app zMmancea overwider, throe A across and Won the following described property (the right -f -sway) In Mug fiottuty. Washington, more particuWty described on page I. (or if full legal is not on page 1— Exhibit A,) For the purpose of constructing, reconstructing, h =Whng, rxpairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, mcludimg, but not limited to, water, sewer and storms drainage lines, together with the right of ingress and eV= thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor Following the initial construction of its hohW Grantee may from time to time construct such additional facilities as it tray require This easement is granted subject to the following terms and conditions I The Grantee shell. upon completion of any wort withm the pratierty covered by the essommi , restore the surf ice of the easement, and any pnvate aaprwimucuts dmoubed or desdoyed during cmutioa of the work, as nearly as practicable to the oondawn Obey were in unmedoWy befom wnimcuccumt of the work or carry by the Grantee 2 Grantor slmll retain the =iglu to use the surface of the easement of hong as such use does riot interfere with the easement rights greeted to the Oraatx Grantor shell not, however, have the right to & Erect or n iantem any bwlduW or sbucturea within dw casement or b Pleat trees, shrubs or vegetation having deep root patterns whwh may cause damage to or interfere With the utilitses to be placed within the easement by the Grantee, or c Develop, landscape, or beautify the easemeot arra in any way which Would unrrssmably increase the costs to the Grantee of reatorwg the easement area and any private improvements theism d Dig, tunnel or perform other forma of oonstructma activities on the property which would dwwb the compaction or uaearlh Graratecb balitim on the right -0f -way, or mer the lateral support fwWtiea c Blast within fifteen (1 S) feet of the nghtof-way Thus easement shall run with the land described herein, and shall be binding upon the parties, their heirs, in=e ors m interest and assigns Grantors covenant that they arc the lawful owners of the above properties and that they have a good and lawful ngbt to ==ft this agr==1 By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same This conveyanoc shall bind the bents, executors, adrairnstrators and assigns forever 114 IN WITNESS WHEREOF. said Grantor has caused thus mswmeat to be executed this r� _day o19:.Op4 INDIM UAL FORM OFACYNOt MOGMEW Notary Seal must be ►within box STATE OF WASHNOTON ) SS COUNTY OF KING ) I cert,fy that h blow or have satisfactory evidence that signed this instrument and acknowledged it to be hra4mitheir &roe and voluntary act for the uses and puiposm mentioned m the instrument Notary Public w and for the State of Washington Notary (Print) My appointment expo= Dated H apORh!!gT JUMDR1DF.ASEKEW DW First American Title Pop 7 First American Title ees 0 CM Cn doo Notauy Sul must be vnd m box STATE OF WASYR+f(3 M ) SS COUNTY OF KD O ) I on* did I know at have nfislactoty evidence that signed thta WArminem and ardmowl&W it to be b:tl}wAbwr See sed volsawy to for the uses and purposes mendotaed in the maht>mcd SM for ilio Stan Of Washington Notary (Print) My appombno t expires Notary Seal must be widen box STATE OF WASHRK SON ) SS c om-am rE s oxv OF.a cm *z Notary Seal must be vnthm box STATE OF WASIi XaMN ) SS COUNTY OF K1N4 ) On dus day of . I4� before me pelsmUy appeared to me known to be of the corpmuon that executed the wrthm mstrument, and =kaowWP the card o numnent to be the free sad voluntary act and deed of eard ompambon, for the uses and proposes the= mentrooed, and each an oath stated that hdshe was authorised to execute sand mstrumcat wrd th Lt the seal affixed is the =porate aces) of and corporation Notary Public in and for the State of Washington Notary (Pnm) My appohmnent expires Dated H TORMMKCRECORMEASF.i YNT boa First American Title hV3 FORM 03 0000/6hJCA2-21-97 COUNTY OF Taira ) I catLfy that I lmow ar have setidacto ry midcnce that D I Q -ML - e �• S S P A need mss ostrum ar on amth G �kpG�d, stated that b&"*Ay washrafe arrthmne;d to execute the mstru zowl and Q�`+`'as1o'n = mclmgwledged at as the Q U11iP.1" Q @ YWcJti.-Ted r-1ra DiA °gi p 1 N Y of K 1111juL - M&LK1 tdbd the free and act of such far sad m 1usshmeat PuBoo1lYu('w1,77A""-F . Notary Public in and for the fi& of Washington fill 1� Nosy (Print} Dated ;1-006 _ c om-am rE s oxv OF.a cm *z Notary Seal must be vnthm box STATE OF WASIi XaMN ) SS COUNTY OF K1N4 ) On dus day of . I4� before me pelsmUy appeared to me known to be of the corpmuon that executed the wrthm mstrument, and =kaowWP the card o numnent to be the free sad voluntary act and deed of eard ompambon, for the uses and proposes the= mentrooed, and each an oath stated that hdshe was authorised to execute sand mstrumcat wrd th Lt the seal affixed is the =porate aces) of and corporation Notary Public in and for the State of Washington Notary (Pnm) My appohmnent expires Dated H TORMMKCRECORMEASF.i YNT boa First American Title hV3 FORM 03 0000/6hJCA2-21-97 First American Title Attachment "A" Storm Drainage Easement to the City of Renton The north 10 feet of the east 190 feet of Parcel A of City of Renton Lot Line Adjustment No LUA99075LLA filed under ]Ging County Recording No 19990623900005 ALL SITUATE in the southeast quarter of Section 15, Township 23 north, Range 5 cast of the Willamette Nlendian in the City of Renton, County of King and the State of Washington Page 4 First American Title First American Title N Storm Drainage Easement Exhibit Northeast 4t.h c+roo+ Page 5 First American Title First American Title 10. Exception_ 12 20040309002194 A.IF'TER RECORDING RETURN TO: Thomas F Peterson Betts, Patterson & Mmes, P.S. One Convention Place. Suite 1400 701 Pike Street Seattle, WA 98101-3927 ON 20040309002194 $ I OF f3 e� 28 M ICU COUNTY, UA ACCESS EASEMENT AGREEMENT Grantor Ribera-Balko Enterprises Farmly Limited Partnership Grantee: United States Postal Service Abbreviated Legal Descr East 112 of NW 114 of NW 114 of NW 114, See, 15, T23N, R5E, W.M. (Complete legal description on Exhibit A) Assessor's Tax Parcel No 5128210-0420 THIS EASEMENT AGREEMENT (this "Agreement") is made this %d�# day of 2004, by and between Ribera-Balko Enterprises Family Limited Partnership, Washington limited partnership. ("Grantor") and United States Postal Service, an independent establishment of the Executive Branch of the United States Government, ("Grantee"), with reference to the following facts RECITALS A Grantor is the owner of certain real property located in the City of Renton, King County, Washington described in the attached Exhibit A ("Grantor's Property"). B. Grantee is the owner of certain real property in the City of Renton, King County, Washington, described in the attached Exhibit B ("Grantee's Property") C. Grantor seeks approval of a short plat application from the City of Renton ("the City"). The short plat application is known as LUA-02-129 ("the Short Plat Application"). When approved and recorded, the Short Plat Application will subdivide Grantor's Property into two lots, referred to in the Short Plat Application as "Lot l" and "Lot 2 " 216%71120203 170tn13700DI -1- First American Title First American Title D. The Ci Ly has placed a condition on the granting of the Short Plat Appltcation that Grantor enter into an easement agreement with Grantee that will create anoint access route providing access to Grantor's Property and Grantee's Property as depicted in the plans of the Short Plat Application. The easement would be located entirely upon Grantor's Property, E A second condition imposed by the City on the Short Plat Application is the construction by Grantor of certain off-site improvements as depicted in the plans, including certain improvements to Grantee's Property The improvements include the elimination of tate Current street access to Grantee's Property F Grantee has agreed to allow the closing of its existing access as regwred by the City on the condition that Grantor perform the off-site work required by the City for approval of the Short Plat Application and grant the easement set forth herein. Grantor desires to grant the easement rights contained herein to Grantee in order to obtain approval of the Short flat Application AGREEMENTS NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows- 1. Recitals The foregoing recitals are true and correct and are incorporated in this Agreement by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grange, its, grantees, successors, and assigns, for the benefit of Grantee's Property, a permanent, non- exclusive easement over and across that portion of Grantor's Property ("Easement Area") described in Exhibit C and depicted in Exhibit D attached hereto and incorporated herein by this reference, for vehicular access, ingress, and egress. No obstructions of any kind whatsoever shall be allowed within the above-described property that would materia I ly impede ingress and egress for the purposes herein defined, either during construction or after completion of construction. Gmntor, or a subsequent owner of Lot 2, may grant to the owner of Lot l easement rights to the Easement Area not inconsistent with the easement granted herein USPS shall not use (or allow use 00 the Easement Area for any purpose not expressly permitted herein 3. Condition. The effectiveness of this Agreement and the rights granted herein are expressly conditioned upon the approval by the City of the Shots Plat Application and recordation thereof by Grantor within 12 months of the execution of flus Agreement or such additional time as may be agreed to in writing by the parties If the City does not approve said application or Grantor does not record it within said time or extended time, then this Agreement shall be null and void 216%7112=3 iVtvivom -2- First American Title First American Title 4. Maintenance Grantor shall undertake all maintenance and/or repair of the Easement Area that it deems necessary in its reasonable judgment at its sole cost and expense Grantor shall not be responsible for maintenance of any porton of Grantee's Property, including areas where Grantor may have performed off-site work pursuant to the Short Plat Application or a separate agreement 5, Insurance. Grantor and Grantee shall include the Easement Area in its policies or other coverage for comprehensive general liability and property damage insurance in effect with respect to their respective properties Grantee's insurance policies for the Easement Area shall include Grantor as an additional insured. Grantor and Grantee waive their respective rights or recovery against each other, including rights of subrogation claimed through them, for any loss to the extent insured by any insurance policy required above Each owner shall obtain from its respective insurers written and binding approval of such waivers Grantor and Grantee acknowledge and agree that the Postal Service is self-insured and that this provision shall only apply to any subsequent owner of Grantee's property G. Enforcement In the event of a breach of any o f the covenants or agreements contained herein, in addition to damages, each party shall have the right to specific performance, inunction and such other equitable relief as may be appropriate to remedy any violation or threatened violation of this Agreement. 7. No Public Rights Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Easement Area or either parties' respective properties. No easements, except those expressly set forth herein, shall be implied by this Agreement, and no other easements for signage or other utilities are granted or implied 8. Amendment_ The parties agree that the provisions of this Agreement may be moch tied or amended, in whole or in part, or terminated, only by the written consent of the parties, evidenced by a document that has been fully executed and acknowledged by the parties and recorded in the official records of the County Recorder of King County, Washington 9. Consents Wherever in this Agreement the consent or approval of a party is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall, (a) be in wnting; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained, and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon 10. No Waiver No waiver of any of the provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to whicli it relates and shall not be deemed to be a continuing or future waiver 2169671120203 1701 t71170001 -3- First American Title First American Title 11. No Agency Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or ofjoint ventures or of any other association between the parties. 12. Covenants to Rain with Land It is intended that each cf the easements, covenants, conditions, restnctions, rights and obhigattons set forth herein shall run with the land and create equitable servitudes in favor of the real properties benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors and assigns 13. Time of Essence. Time is of the essence of this Agreement 14. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby 15. Notices Notices or other eon niumcations hereunder shall be in writing and shall be sent via certified or registered [nail, return receipt requested, or by other national overnight courier company, or personal delivery Notice shall be deemed given upon receipt or refusal to accept delivery Each party may change from time to time its respective address for notice hereunder by like notice to the other party The parties' initial notice addresses are as follows Grantor. Ribera-Balko Enterprises 16400 Southcenter Parkway, [#308 Seattle, WA 98188 Attention, Diana Ribera Grantee, Western Facilities Service Office United States Postal Service 8055 E Tufts Ave, Suite 400 Denver, CO 80237-2881 Attention. Candace Kinne 16. Governing Law This agreement shall be governed by the laws of the State of Washington. 17. Estoppel Certificates. Grantor and Grantee shall, from time to time, upon written request from the other property owner, execute, acknowledge, and deliver to the requesting owner or its designee, a written statement stating that the easements and other covenants provided for in this Agreement are in full force and of ect and have not been supplemented or amended in any way (or specifying the date in terms of the agreement so effecting this Agreement), that this Agreement represents the entire agreement between the 216967112=7 170r rJ 1370001 Sl! First American Title First American Title parties as to the easements and covenants established herein; that all conditions under this Agreement to be performed by the party have been satisfied, including, but without limttauon, all maintenance and repair obligations, that all required contrtbutions by an owner for repair or maintenance and that on this date there are no existing claims or defenses against any owner, as applicable It Is intended that any such statement delivered pursuant to this section may be relied upon by a prospective purchaser of a Parcel or holder of any mortgage upon a Parcel The owner providing the statement shall do so within a reasonable time, which shall not exceed 15 days from the date of the actual or constructive receipt of the request 1$. Authority The undersigned certify and warrant that they are fully authorized to enter Into this Agreement and to bind said party if executing in a representative capacity, Including that the United States Postal Service has obtained any and all administrative and/or Iegtslative approval necessary to bind the Unwed States Postal Service as a branch of the United States Government DATED this Cry day 20Q4 GRANTOR: GRANTEE, RIBERA-BALKO ENTERPRISES UNITED STATES POSTAL SERVICE, FAMILY LIMITED PARTNERSHIP, an independent establishment of the a Washington limited partnership Executive Branch of the United Slates Government BY D na Ribera Its General Partner STATE OF WASHINGTON } ss. COUNTY OF k I ✓� � 11� •A Lsa� dr • On this L6da of 4410 Y 2004, before me, the undersigned, a Notary Public in and for the State of Washingt n, duly commissioned and sworn, personally appeared Diana Ribera, to me known to be the General Partner of Ribera -Banco Enterprises Family Limited Partnership, the partnership that executed the foregoing Instrument. and acknowledged the signing of said Instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument 2169671170703 1701171570001 -5- First American Title First American Title IN WITNESS WHEREOF I have hereunto my h and affixed my official seat the day and ear first above written THOMAS F PETERSON NOTARY PUBLIC N Cary Public in and for the State of Washington STATE OF WASHINGMN Printed Name as d%.' COMMISSION 57CPIRES Residing at• Sea -e APRfL 9. 2005 My appointment expires o STATE OF C&Ld_d�Q } SS COUNTY O t) j IL On this—day of -46'2004, before me, the undersigned, a Notary Public in and for the State Qf , duty commissd and sworn, personally appeared (�e . ' to me known to be the "N r Rf the United States Postal Service, the entity that executed the foregoing instrument, and acknowtedged the signing of said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument W WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written 2 1695 71120 2 01 n 1171370001 .6 - First American Title Uri ro • MwWrl �I�1 tary Public in and for the State.of 610tS nted Namc6k4,jqAQ_so 4�!5!�q,Q O.�pTA '0 57- Residing at .�1 My appointment expires -3 61 �,Ak.O.00:0F�i�c's O. 2 1695 71120 2 01 n 1171370001 .6 - First American Title First American Title EXFnEff A Ribera-Balko Property Parcel A of Lot Line Adjustment No. LUA99075LLA recorded under Recording No, 19990623900005, records of King County, Washington Situate in the City of Renton, County of King, State of Washington 210375/012oo4o9mii ioo01 First American Title First American Title EXAIBTT B United Slates Postal Service Property Parcel B of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No 19990523900005, records of King County, Washington Situate to the City of Renton, County of King, State of Washington, 2103741012004 0917171110001 First American Title First American Title r RIvu 1t=�r.�914 tom; �) ------------- First American Title -------------- - •-..-- SEI�EFi vANiioiE - - --- -- -_ EXHIOIT C First American Title EXHIBIT b JOINT ACCESS EASEMEN T That PO tfpn of Pa"I A of Ctfy of Renton Lot Una Adjustment fNmNDSoto_ tUA8907bLLA, City Land Record WE 1ttow;t93, filed under tong comfy Recording No. 19990823g0000s, F1eoorde of Cotmty, W aeFdngto�; BIEGINNIN13 Rt ft Northeast comet of said Parcel A: THENCE North 886 08'09* West. 34.00 fast along the North line of said parcel A; THENCE South 0 V W S1' West, MOD feet. THENCE South sa• OU' Ogg East, M—W feat to the East fine of said Parcel Ar THENCE North 006 4T 46" fit, 2W.06 feet along said East lona to the Northeast oomar of said furcal A and the POINT OF BEGINNING. Project Name: g81lta Rentan Qts Audi 8, 2002 Diwaffi 7WI_00t.WPO First American Title First American Title 11. Exception_13_20090409900002 RIBERA—BALKO SHORT PLAT A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION m TOWNSHIP 23 N., RANGE t CITY OF MENTON, KING COUNTY, WASHINGTON OWNER'S 4ECLARATION: ACKNOWLEI)GMFNT. pfr!<rr.rtgr rc�'( f+n =1F1�RB M .O T-1 114-11=1 DECLARATION-.- VF' CC+VENANT:''` w<oi: i•u�"�`r m"�s s� �� wiry.,yK_�ca.,rwn APPROVALS: y ,s.aL� rJrb'r�2—ia.ilS� •r.c rnartr .ssc;M• .. .7^W:• .s.csy� `rP.'JJ-!T?li NATIVE'''CROWTH"'RROPECTI N 05EMENT `era',%: r.a,rr �a•,� ,ac`��.�r rtar.r�a rw ��c rbrm rr a.r.0 ..�m .:[� tt+:sYo-. r• arort�r�� e.sea.*rttaosEs .w. ..���'�x•• •tea ry-..c �....- . a+e .:., eraoxe%s v r:[ c •srt.- .Fe. [+rv�c.xt d Covenants: ,wom•.s. � _ .o rr��•� 'rte E, W .2G I yrs LUA-02-129—SHPL ua 2 = VICINITY MAP IIIf LAND SURVEYOR'S CERT]F[CATE: CENT NW—NW.-15. 3N E 9P M. %. r w v4t� 4 • [n lM rtwrretnU � , , Maarm j INT E lepYl l- # � Ab lP�. LLC _ • =1 • �«�f {:. wo^wr.ere steee ene :ni,srao�se w:a uv::w.r, sra s i ei s ae �n � 10W ,� GiuunNiOP. € 20C h:lrmo .r.r.on IoM - se¢'¢ -.- -s,a �ra..�� 5n es .5 • ex-ms;xn n,.m zsana°iaui �.. , r _. it re o woad. s wo o, KING COUNTY,: WASHINGTON ar ar, xoe e2,s First American Title First American Title RIBERA— BALKO SHORT PLAT A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N, RANGE 5 E., W.M.-229-3H L CITY OF RENTON, KING COUNTY, WASHINGTON IDR r.at pi'm 44- 11 31 15 2;i� LEGAL DESCRIPTION: —It U 2.7 T� M4 LOT ADDRESS: _!4II. 4. 11 11 -1 4.- 1 3 It'. LOT AREAS: 4 REFERENCES IS flF 6 EARNG: LT�ZLZ IT 'o, 1" "It Cu� IgP4,0TT X TWIN -IM M.N." —EF u & 1.11111W Ncs ... -1 �I ..':j C6NTROt -MONUMENTS: 83/1J1 =zz CENT 7-1€1.6T13N. .4.X' LEGEND: 0 W -d. SCAM. KING CO017Y.,AASHjk70Ni" 1, — 60' SHEET 2 OF 4� First American Title First American Title 12. Exception_ 14. 20090409001132 Return Address. City Clerk's Office City of Renton 1455 South Grady Way Renton, WA 98055 15' WATERLINE EASEMENT Property Tax Parcel Number: 518210-0020-03 Project File #e: LUA-02-129 Project Name: RIBERA-BALK0 SHORT PLAT Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1, Langley 4a' Avenue Associates, LLC 1. City of Renton, a Municipal Corporation The Grantor(s), as named above, for and in consideration ofmutual benefits, do by these presents, grant, bargain, sell, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public water lines with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described as follows: A portion of the fallowing described property: Parcel A of City of Renton Lot Line Adjustment NO.LUA 99075LLA, recorded under Recording No.19990623900005. Situate in the NW ;i of Section 15, Township 23 north, Range 5 east, of the Willamette Meridian, in the City of Renton, icing County, Washington. See Exhibit "A" for easement description. Page 1 First American Title First American Title For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining sanitary sewer utilities and utility pipelines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor, Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions; 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with rhe utilities to be placed within the easement by the Grants; or C. Develop, landscape, or beautify the easement arra in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (13) Peet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same, This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to beexmuted this day of. !2 24 . Notary Seal must be within box First American Title %NDMDUAL FORM OF STATE OF WASHINGTON } 5S COUNTY OF KING ) I certify that I know or have satisfactory evidence that 7 /10f t tct,Q �ef.r signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary frublic in and 6r the Notary (Print} vt\ t- My appointment expires: - 0 Dated_ Z i L;, 10 9 Page 2 0 First Americana Title IN WITNESS WHEREOF, I have hereunto set my hand the day and year as written below. INDIPMAL FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be hWher/their free and voluntary aet for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTA77VE FORM OF A CKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON } SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box First American Title signed this instrument, on oath stated that helshelthey was/were authorized to execute the instrument and acknowledged it as the and Of to be the free and voluntary act of such partylparties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires:_ _ Dated: CORPORATE FORM OF ACKNO WLEDGMRNT STATE OF WASHINGTON ) SS COUNTY Of KING On this _ day of Q ) e i, 20V4, before me personally appeared ` 1a' 10 05 �e r- to me known to be t1A O of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed ofsaid corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instr uaent and that the seal Iiixexl is the coqor�(e seal of said corporation. Notary My apI Bated: in and for the Page 3 First American Title Exhibit "A" RIBERA-BALKO SHORT PLAT 45' WATERLINE EASEMENT DESCRIPTION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded corder King County recording number 19990623900005, more particularly described as follows: Lying within a strip of land 15 feet in width, being 7.50 feet on each side of the following described line: Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4' Street; thence South 88003'09" East, along said south margin a distance of 337.58'; thence South 00°48'45" West, a distance of 211.74 feet to the True Point of Beginning; thence continuing South 00048'45" West, a distance of 407.49 feet to the south line of said Parcel A; thence North 00048145" Fast, a distance of 140.73 feet; thence South 88°03'09" East, a distance of 309.07 feet to the terminus of said line. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. All situate in the NW quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in the City of Renton, King County, Washington_ Page First American Title First American Title EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., WW.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 15' WATERLINE EASEMENT NORTNNEST CORNER SEC. 15, TVP. 23N., ANG. SE.. H.M. NORTH OUAArER CORNER SEC, 15. riga. 23N., FM" sE., N_M- FOUND BRASS PIN IN CONCRETE, FOUND 3' 8RAU DISC N17H IMEASED. PUNCH AT SURFACE 03!24/98. SokiLheaat 128th Strew Northeast 4th Strew! Street (!ting Co.) S88'03'09'E 2585.74' — 323.-- 22 �� 508'03 WE 337.58' II' NN CORNER OF I PARCEL A iI r POB I x ! vv I ^ I I SN I � II TrVB Point � I x j I of Beq Inning I I PAACE9075LLA C3 I j LUA A599g0623900005 I AB, v Not to Scale CENTRE P. 'IT'E cansernsnts, Inc., P. 206 Railroad Avenue North - Kent, WA 88032 253--813-1901 main 253-813-1908 fax Page 1� First American Title PF #Cgg07400 5 A ti-�gg0523� _ AFT+ I' ul u7 S88'03'0FE 304:07 First American Title 13. Exception_1 5_20090818900001 LOT LINE ADJUSTMENT FILE NO. LUA-07-080—LLA // LAND RECORD N0. LND-30-0331 A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E. W,M CITY OF RENTON, KING COUNTY, WASHINGTON DWNEX. .DECLARATION '. LEGAL DESCRIPTION', - ,.«c ua,� ,M:i�,r.: �tt � or rla sw. ••a, ,••�11�1w ••mntco4.%v�:o `wm�,a:ua«o� r".zrt .>r.«r, .'i p"� / µts• Obt�Kc��M SwE tJ�iax' a E6.t..r T,xi r..0 b.- rMn w.�P�S...__--v.._ _ a�ilarg+u./L`��x�-9't]r.�['4,.(h0!O14'oINMi!/s•1coaM Rir i2. K n< J4' TEta�ilrtac SuRvrioO !S NOTES ACKNOWLEDGEMENT l.ataYatwtoraol..>Dor ,`..o.'ti"'le� linlrPa 0.� Np'JC 0 rt.vAlt �af rtll .t�J.r1 �at�� w •a - 'ax tjwyqy�' iY'�tE .4 ,p ar.ua . twe es. vto ,wltss mac aii. _Puq wl SFNCL 10]MI9B: - •- tx'V!� T,T- f. .1 :. I'O rG� ) � 'bJ'Fi. .^p��a'I�S.6J1Jt�a.(vp ltdlM.l�f'M^ �,y�� �S�F� I�rn}f,tr�„FFmua �.9'f'[[n .nlxr vnxxtt e[ wn R SaIO �p[1pry' '�R-.74o K1rf.ilb-.r( r•uf i'[�Y.� oqp, rr �- -- �. _wa.��.tww..W�0s lya.�a�aa�ypw,YN m�i I.�. r]31 - w.t �i1.! ,M'. tasvn•r trw tw. �r,n..�.�f.6#° a�t�n�a'rwhe�, Q ftl..0 B(J6S • fl' Ceti[IEfF. Wt 5 ERT, uc�'�!u •�it�ff�iwlu. o. ip, .,e ai�lnar s.xo ,: ,. !t trt lKt. i'S .P. v .r ,n Fyio rwm.rr cp, r ,rr#5 r�! nq.8 rrtrk$k rsirt.xn t ,Itwr. ,ilb[m-eE'r'NtR'dfli[M,IW(:. ,r nt t s ,. .•� Kf s "> APPROVALS: l.ataYatwtoraol..>Dor ,`..o.'ti"'le� u.r,ttta xo WPv'!l r.Is .,art w. er }�cL� _._Joa1. .t�J.r1 �at�� w •a - 'ax tjwyqy�' iY'�tE .4 ,p ar.ua . twe es. vto ,wltss mac aii. _Puq wl SFNCL 10]MI9B: - •- tx'V!� T,T- f. .1 :. I'O rG� ) � 'bJ'Fi. .^p��a'I�S.6J1Jt�a.(vp ltdlM.l�f'M^ �,y�� �S�F� I�rn}f,tr�„FFmua �.9'f'[[n .nlxr vnxxtt e[ wn R SaIO �p[1pry' '�R-.74o K1rf.ilb-.r( r•uf i'[�Y.� oqp, rr �- lNY6�r'll yP !"r �•.'. ,. tr mttV.w., [Www::. Ito .'ate 4 h 0 rt M yr lt[, M[.n tN xtJ �x*If��r�t �eeal ,atrt hr n _wa.��.tww..W�0s lya.�a�aa�ypw,YN m�i I.�. r]31 5 VECINITY MAP s rt„tra .c r .. c ovo twin atx ta'owall. I,LaYO 411r pY rENION Cfft'IA Po[.'rc. tM3 m]/dal%' ,p ar.ua . twe es. vto ,wltss mac aii. _Puq wl SFNCL 10]MI9B: �� t/_ —iwl Q ftl..0 B(J6S • fl' Ceti[IEfF. Wt 5 ERT, R xl '1 � trr' i'S OC6 ff rLN S Not b Mal. ro 1�- I r u c o n • rra. - 9e tl CW.iaconlrol 4"14 RFNTQ�I CO�a"fRCF1:.MONUMENTS. IIl 1�lIII�I�I��I _ 01 T��818�� ' _ LAND SURVEYOR'S CERTIFICATE: i e � L NWP 15 TZA.. R5Ir r}f M. w _ wt.r.radr.rra an¢r ! �en�a U� ,efi: -.' •. , a® atttJ.e ]mow t:ae; ra aav: wgp s. 4p .� el- ss el•e ' -G .��., 'i :'M �}//7�-- � � � t t w. ,,.l .a., .«w�twtr••'• •` •'"••, • n a.ta. C la, rF x-ree :• Y == m eu ism w.e zsa ela sea m � rro.ttn 5 trove. KING COUNTY, : 3 ��. i kid :ifASH[NGTON ,p�:;ti��/ „r" av' zw zz s SHEET 1 OF '. First American Title First American Title LOT LINE ADJUSTMENT VIEF, No LUA-07-090-L1.A /; LAND RECORD No. 1.Nn--3C-ora: A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15. TOWNSHIP 25 N RANGE 5 E.. *.M, ti.�sh..:•:-„,,..� ,5 CTY OF RENTON. K[NG COUNTY. WASHINGTON LINE TAME: AQiJiF'}.}t PROTECTION NOTICE, i x'. a. Lot T3 e� I n.m � �.... Asa. a• ��� r a. r., �, � - –+r � -�,€ �.- IS .6a IS 1b �S.i2 i�� �ns First American Title LFG RNT1 .s ,.,reo .^. - n..urrl4 i�^r 4 i •r� �w.. m L�tl e rF i 60 ;.i ny U L: NF. 91t1='Streef -- - - - -. line 1L-1 1 tl5a �• re Crt °4. vE " _E '14 Lys A 01-- 'Lot SCALE: A' t1F2EAS „a. AQiJiF'}.}t PROTECTION NOTICE, i x'. a. Lot T3 e� I n.m � �.... Asa. a• ��� r a. r., �, � - –+r � -�,€ �.- IS .6a IS 1b �S.i2 i�� �ns First American Title LFG RNT1 .s ,.,reo .^. - n..urrl4 i�^r 4 i •r� �w.. m L�tl e rF i 60 ;.i line 1L-1 1 tl5a AQiJiF'}.}t PROTECTION NOTICE, i x'. a. Lot T3 e� I n.m � �.... Asa. a• ��� r a. r., �, � - –+r � -�,€ �.- IS .6a IS 1b �S.i2 i�� �ns First American Title LFG RNT1 .s ,.,reo .^. - n..urrl4 i�^r 4 i •r� �w.. m CE NTTR B p IV w'k' sOF, ' E W F N a JlrM1 yi 9G ”' - y1 15 i23 v R5 i M. --.FSG Y EI J t 1UE C Y— , ww W KING COUNTY AASHISMON ` SHEET 2 OF First American Title 14. Exception 16 20120419001608 CH030 TITLE INS, COCA After recording return document to: City Clerk City of Renton 1455 S. Grady Way Renton, WA 98457 EXCISE TAX NOT REO11RED IQ.• _ Co. Rewds Dwisie 1:0" DOCUMENT TITLE: Temporary Construction Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: NIA GRANTOR(S): 1. SB 16 Ribera Balco, LLC GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn of Lot 1, City of Renton SP #LUA-02-129-SHPL, #20090409900002 ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits A and 8 ASSESSOR'S TAX PARCEL_ NO(S): 518210-0021-02 PROJECT NAME: NE 3rd/4th Corridor Improvements PROJECT NO.: 19B TEMPRORARY CONSTRUCTION EASEMENT The Grantor, SB 16 Ribera Baico, LLC, a Washington limited liability company, for and in consideration of mutual benefits, does by these presents, grants, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, unto the City of Renton, a Municipal Corporation, Grantee herein, its successors and assigns, permission to use for public purposes a temporary construction easement, with necessary appurtenances over, under, through, across and upon the following described real estate, for Right -of -Way purposes, situated in the County of King, State of Washington: SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of 4 First American Title First American Title AND REFERRED TO HERINAS THE "EASEMENT AREA" For the purpose of constructing the planned project improvements associated with the NE 3"Nth Corridor Improvements. Phase 1, Project within the Easement Area. The Grantee will provide continuous access to the remaining portion of the site throughout construction. The Grantee shall, upon completion of any work within the Easement Area, restore the surface of the construction site, and any private improvements thereon disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee except where modified by the project plans and specifications. Grantee shall indemnify, defend, and hold Grantor harmless from any and all liability, loss, damage, expense, actions and claims asserted or arising out of the acts or omissions of Grantee and its agents, employees, or contractors in the exercise of the rights granted by this easement. The obligations of Grantee set forth in this paragraph do not extend to any liability, loss, damage, expense, actions or claims caused by or resulting from the negligence of Grantor or Grantor's agents or employees. Grantee shall require the contractor It hires to work on the NE 3F le Corridor Improvements within the Easement Area to obtain commercial general liability insurance and to name Grantor as an additional insured, as evidenced by a certificate of insurance provided to Grantee prior to commencement of the work. Grantee will promptly pay when due all costs for materials, labor, and professional services performed pursuant to this easement and shall immediately cause any construction lien encumbering Grantor's property to be promptly removed. If Grantee fails to remove any such lien, Grantor may take whatever actions it deems necessary and appropriate to remove any such lien and shall be entitled to recover its costs and attomeys' fees in doing so. If either party brings suit to enforce the terms and conditions of this easement, the substantially -prevailing party will be entitled to recover all costs, expenses and attorneys' fees incurred in connection with that lawsuit. This temporary construction easement shall become effective upon execution by the Grantor and Grantee and shall continue for two (2) years. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed ` this r7 day of MCr/1-[�+ , 20_L1==_. Page 2 of 4 First American Title First American Title GRANTOR: 5B 16 Ribera Balco, LLC Br- _flG.—AM•� [Print name] Its: C vP [Title/position] First American Title �y: dAIA � AZ6 6- -- a(Z� [Print name] Its: i5ve [Titielposition] Page 3 of 4 First American Title Notary Seal must be within box STATE OF ) ss COUNTY OF K=j) APPROVED as to form only: Lawrence J. Warren City Attorney First American Title Accepted by the City of Renton ayd- rr� Prigled Na 1I ✓Y1�'� ts:�,t,c 1Lar511'j1 /h Date: Page 4 of 4 On this �' ' day of VlA , 20 f , before me personally appeared r'l . -I:rl-e5 and i'G ttc-b- 6yw-r to me known to beP and -5i/V of S13 16 Ribera Balco, LLC. that executed the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited Iiability may, for the uses and purposes therein mentioned, and ai�each on oath stated that he/she was authorized to execute LORRAi;1E 11. HELLUM said in rumens. NOTARY PUBLIC STATE OF WASHINGTON CONIXiISS101 EXPRES No ry Public in and for the State of JUL'y y ?[-I,i Notary (Print) L-Y1'�i My appointment expires: 71 If APPROVED as to form only: Lawrence J. Warren City Attorney First American Title Accepted by the City of Renton ayd- rr� Prigled Na 1I ✓Y1�'� ts:�,t,c 1Lar511'j1 /h Date: Page 4 of 4 First American Title Paralmetrix EXHIBIT A TAX PARCEL NO. 5182100021 PROJECT PARCEL 1913 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 1 OF CITY OF RENTOR SHORT PLAT NUMBER LUA-02-129- SHPL (RIBERA - BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88003'06' EAST, 183.21 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE, SOUTH 43°37'38" EAST 69.40 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 00147'48" EAST, 14.29 FEET; THENCE LEAVING SAID EAST LINE NORTH 43°37'39' WEST, 49.00 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE NORTH SM3'W WEST 14.29 FEET TO THE POINT OF BEGINNING, CONTAINING 592 SQUARE FEET, MORE OR LESS. 1 of 9 First American Title First American Title I I I I � I ' J I '4eA°oc � I r_L----_.— — —._, I 'a' VSs I I ��'� I LI NE. am STREET see• oa OrE P.O.C. Nm'03'o8"w 14-w N43"37*39W — R.O.B. 49M i see' W a,n MIN' — — --.— I NOV4NWE 14.W LOT 1, SHORT PIAT 4r I I REC. 120MO4Q9 M02 Lu I N43"Jr3VW 69.E .2� 1RUN�� I LEGEND 99135 9 1U 70DWARY COWWWN EASOM ♦�Xu LAtib — — — — -- — — - PARCEL LIRE P,0.a=POIN1 OF BFOQ1M -- — Da511Nc on P.O.C.■POINT Of COMYiDNCE W 392 5F. MORE OR LM AREA .00 bMwftd-ZL=1 A N Vow First American Title Q^nluf1 la TPN 5182100021 PROJECT PARCEL 198 TEMPORARY CONSTRUCTION EASEMENT First American Title 15. Exception 17 _20120530001619 CHICAGO SLE INS: 0 d REF# W 113111-6 - 4, After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 EXCISE TAX NOT REQUIRED IS.. co. FIBLGrdS Mv:slen DOCUMENT TITLE: Temporary Construction Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: NIA GRANTOR(S): SB 16 Ribera Baico, LLC GRANTEE(S): 1. CITY OF RENTON, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Pin of Lot 2, City of Renton SP #LUA-02-129-SH PL, #20090409900002 ADDITIONAL LEGAL DESCRIPTION ON RAGE(S): Exhibits A ASSESSOR'S TAX PARCEL NO(S): 518210-0020-03 PROJECT NAME: NE 3rd/4th Corridor Improvements PROJECT NO.: 19C TEMPRORARY CONSTRUCTION EASEMENT The Grantor, SB 16 Ribera, Balco, LLC, a Washington limited liability company, for and in consideration of mutual benefits, does by these presents, grants, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, unto the City of Renton, a Municipal Corporation, Grantee herein, its successors and assigns, permission to use for public purposes a temporary construction easement, with necessary appurtenances over, under, through, across and upon the following described real estate, for Right -of -Way purposes, situated in the County of King, State of Washington: SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE Page 1 of 4 First American Title First American Title AND REFERRED TO HEREIN AS THE "EASEMENT AREA" For the purpose of constructing the planned project improvements associated with the NE 3'd/4`h Corridor Improvements: Phase 1, Project within the Easement Area. The Grantee will provide continuous access to the remaining portion of the site throughout construction. The Grantee shall, upon completion of any work within the Easement Area, restore the surface of the construction site, and any private improvements thereon disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee except where modified by the project plans and specifications. Grantee shall indemnify, d efend, a nd hold Grantor ha rmless f rom any and all liability, loss, damage, expense, actions and claims asserted or arising out of the acts or omissions of Grantee and its agents, employees, or contractors in t he exercise of the rights granted by this easement. The obligations of Grantee set forth in this paragraph do not extend to any liability, loss, damage, expense, actions or claims caused by or resulting from the negligence of Grantor or Grantor's agents or employees. Grantee shall require the contractor it hires to work on the NE P14 1h Corridor Improvements within the Easement A rea to obtain commercial general liability insurance and to name Grantor as an additional insured, as evidenced by a certificate of insurance provided to Grantee prior to commencement of the work. Grantee will promptly pay when due all costs for materials, labor, and professional services performed pursuant to this easement and shall immediately cause any construction lien encumbering Grantor's property to be promptly removed. If Grantee fails to remove any such lien, Grantor may take whatever actions it deems necessary and appropriate to remove any such lien and shall be entitled to recover its costs and attorneys' fees in doing so. If either party brings suit to enforce the terms and conditions of this easement, the substantially -prevailing party will be ent itled to r ecover all costs, expenses and attomeys' fees incurred in connection with that lawsuit_ This temporary construction easement shall become effective upon execution by the Grantor and Grantee,and shall continue for two (2) years. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this day ofhpril .20 12 Page 2 of 4 First American Title First American Title GRANTOR: SB 16 Ribera Balco, LLC BY: Seatt1t , sole tonber By: Patrick --- Patrick Patrick [Print name] Its: President [Title position] First American Title By: Robert Ittes [Print name] lis: Exec. vice President [Title/position] Page 3 of 4 First American Title Notary Seal must be within box STATE OF K'-qHn'GTT ) ss COUNTY OF x' ) On this l=J Im day of April. , 2012 , before me personally appeared Patrick Patrick and Robert Ittes to L MALSBURY me known to be Press t Exec. vice a�TARY PUBLIC President,of Seattle Bank, sole mmber of [CARMEN E: Or WASHINGTON SB 16 Ribera Balco, LLC. that executed the within MIS Zvi EXPIRES instrument, and acknowledged the said instrument to be the cnf6ik 3.2015 free and voluntary act and deed of said UMb liabilitu camoanv, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute d ig�str�umJant. Nosaid tary Public in and fort State of%MSHINGIM Notary (Print) C'anrEn L. Malshury My appointment expires: 10/03/.15 APPROVED as to form only: Lawrence J. VAKren City Attorney First American Title Accepted by the City of Renton By — A,. Z"".' Printed Name: CNA 3 rT1mF S�,attw a . Date: Page 4 of 4 First American Title Parametrix EXHIBIT A TAX PARCEL NO. 5182100020 PROJECT PARCEL 19C LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 2, CITY OF RENTON SHORT PLAT NUMBER LUA-02-129-SHPL (RIBERA - BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, SAID CORNER BEING COMMON TO THE SOUTHEAST CORNER OF WHITMAN CT. NE AS SHOWN ON SAID SHORT PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT 2 AND THE SOUTH LINE OF SAID WHITMAN COURT NE, NORTH 89°12'11" WEST, 42.00 FEET; THENCE CONTINUING ALONG SAID COMMON LINE NORTH 00°47'49" EAST, 9.29 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF SAID SHORT PIAT; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID LOT 2 NORTH 88°06'40" WEST, 18.00 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00°47'49" WEST, 329.63 FEET; THENCE SOUTH 89°12'11' EAST, 60.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EXTENSION AND SAID EAST LINE, NORTH 00°47'49" EAST, 320.00 FEET TO THE POINT OF BEGINNING. CONTAINING 19,370 SQUARE FEET, MORE OR LESS. 1 011 First American Title nw$9� �Zj ueO First American Title N 88'06'40' W _4 N, N_ N 0947'49" E -- 9.29' O V7 NORTHEASTERLY CORNER LOT 2 --,— P.O.B. N 89'12'11' W ,�� 42.00' 4�� 0, vg --------------- 5 89'12'11" E 60.00' LEGEND TENPOW COPMRUCRON EL� — — — — — — — — PARCEL LNE CnTwo ROW S.F. MORE OR LESS V8r8 etffli wTcswwraoson raFevurrrMwerkiwe�r Q N g f 1,060, First American Title EXHIBIT B TPN 5182100020 PROJECT PARCEL 19C TEMPORARY CONSTRUCTION EASEMENT First American Title 16. Exceptian_18_20120530001620 CHICAGO TITLE INS. COdi Ni;�xieut��� RE:4uF:+rt'.t�tsv�vultt:rt:K�.VIIfxF�S: City Clerk City of Renton 1055 S. Grady Way Rcnlnn. WA 98057 20120530001620 CHICAGO TITLE EAS 7®.N PAGE -6111 OF M 05/30/2012 16:35 KING COUNTY, UA RCISE TAX NOT RrOUMEEO ICL. Ca, Reuw:ds 0y, 1,n BY CspJtlr SHARED ACCESS AND MAINTENANCE EASEMENT' GRANTORS: SB 16 Ribera Balco, LLC, a Washington Jimited liabiMyeompany GRANTEES: united States Postal Service ABBREVIATED LEGAL DESCRIPTION: Pun of Lo(2, City of Renton SP #LUA-)2- 129-SHPL, #2(0)(.)10990(1002 SEE FULL LEGAL DESCRIPTION IN EXHIBIT A ASSESSOR'S TAX PARCEL NO.: 518210-0020-03 61 First American Title First American Title SHARED AC:CKSS AND MAINTENANCE EASEMENT This Shared Access and Maintenance Easement (the "EasenrGnt") is entered this 1�L day of 2012, by and between. SB 16 Ribera Balco, LLC, a Washington limited Inability company ("Ribera Balco"). itnd the United States Postal Service ("Postal Service"). RECITALS: A. Ribera Balco is the owner of the real property located in the City of Renton, King County Washington described as King County Tax Parcel No. 518210- 0020-03 (..Ribera Balco Property"). B. The Postal Service is the owner of the real property 1(�cawd in the City of Rcntun. King County. Washington described as King County Tax Parcel No. 518210- 00.11 -M ("Postal Service Property''). C. As part of the City of Renton's construction of the NE 3rd/4th Corridor Improvement Project. the City of Renton agreed, among other things, to construct a shared access road serving Ribera Balco's and the Postal Service's Property. Rihera Balco and the Postal Service agreed to enter into this Shared Access and Maintenance Easement granting necessary easement interests and establishing maintenance obligations of the parties. NOW, THEREFORE, for mutual beneliis. the parties agree ate follnws. I. Recital~ turd Exhibits I rated. Each recital set forth above and each Exhibit attached hereto is incorlmrated into this Easement as though fully sel forth herein. 2. Grant of Easement. Ribera Balco doe % hereby grant a perpetual. non- exclusive easement through and over Ribera Balco's Property, in the Easement Area more particularly described in Exhibil A and further depicted in Exhibit R, for the benefit of the Postal Service's Property. The purpose of the Easement is to provide for vehicular and pedestrian ingress to and egress from the Postal Service's Property over the Ribera Balco Property at all times; provided, however, that such ingress and egress shall not unreasonably interfere with the use of the Easement Area by Ribera Balco for ingress to and egress from its Property. 3. Rtridway Construction Maiiggriancg, All initial construction of the shared access road %hail be at the expense of the City of Renton but neither the Postal Service nor Ribera Balco shall haveany obligation therefor. Following sttch construction, either Ribera Balco or the Postal Services may undertake reasonably necessary maintenance. First American Title First American Title repair and/or replacement of the shared access road upon not less than 30 days prior written notice to the other party of the anticipated scope, schedule and budget for such work, The responsibility for and cost of such work shall be borne equally by Ribera Balco and the Postal Service. The party performing such work shall be reimbursed by the other party for its share of the cost within 30 days after receipt of an invoice therefore with reasonable documentation of such costs. Provided. however. that if any maintenance, repair and/or replacement is necessitated by the negligent or willful act of either party, the responsihility of such repair andlor replacement shall be borne by such Pull v. d. Roadway Modifications. Neither party to this casement shall make modifications to the circulation pattern or geontctry of the .shared access road without first receiving written permission to do so by the other paarty and the City. 5. Reversion. At any bene, if the Postal Service's Property is no longer occupied by the Postal Service. whether by sale, vacation of the premises or other rneans, the rights of Postal Service in the Easement Area ~hall terminate, and the Easement Area shall he fully surrendered by the Postal Service. In the event, the Postal Service will not unreasonably execute a Vacation of Easement in recordable format. However, if the Postal Service refuses or fails to execute a Vacation of Easement in those circumstances. the easement shall nonetheless terminate and the Easentem Area shall revert to Ribera Balco free and clear of this easement. 6. B' din Effect_ The covenants and agreements tics forth in this Easement shall be covenants running with the land. Such covenants shall be binding upon, and. except as otherwise set forth in Section 5 above, inure for the benefit of the parties hereto and their respeclivc successors and assigns. The Easement granted hereby shall have priority over any and all subsequently recorded liens, encumbrances or other interests in the encumbered property, and shall survive transfer of the fee ownership of, or any leasehold estate in, the encumbered property. 7. Recordim! This Easement shall be recorded in the real property records of King County, Washington. R. Notices. Any and all notices or other communications required to per- mitted by this Basement or by law to be delivered to, served on or given to either party to this Easement by the other puny to this Easement, shall he in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when mailed by United States mail, express, certified or registered, postage prepaid, or when delivered by a nationally recognized overnight delivery service. charge.~ prepaid, addresses as follows, First American Title First American Title TO: SB 16 Ribera Balco. LLC c/o Seattle Bank 600 University Street, Suite 1850 Seattle, WA 98101-1129 TO: United Slates Postai Service Western Facilities Service Offiwc 7400 East 534 Place, #I 108 Denver, CO 802669918 All notices delivered personally or by delivery service shall be deemed received upon delivery to recipient. or if placed in the United States mail, on the date of the return receipt or, if delivery of such United States mail is refused or cannot be accomplished, 48 hours after deposit in the United States mail. Either puny may change its address for the puflaose of this Section by giving ten (10) days advance written notice of such change to the other party in the manner provided in this Section_ 9. Aingadment. This Easement may not he moclilied, amended or lenninated without the prior written approval of the owners of both parties. 10. Definitions. As used herein. the term "Ribera Balm" shall refer to SB 16 Ribcra Balco. LLC, and its successons and assigns: and the term "Postal Service" .shall refer to the United States Postal Service; and the terns "The City" shall reicr to the City of Renton. IN WITNESS WHEREOF, this Easement is executed by the parties, intended to be legally bound, as of the date first written above. First American Title First American Title SB 16 Ribera Balco, LLC United States Postal Service By: Sea Bang, sol By: �`'4`^' y/Yl By: Printed Name: Fcbert Ittes Printed Name: Its: DMC. Vie President // Its: By:L— Printed Name: _2 Its: President Notary Seal must be within box STATE OF t+ASHIN= } ss COUNTY OF KING } On this A2- ffel- day of Art 1 , 20_12_, before me personally appeared Robert Ittes and. Patrick Patrick to me known to be EKw- Vice President and PrPsidmf- of Seattle Bank, _sole member of SB 16 Ribera Balco, LLC. that executed the within instrument, and acknowledged CARMEN L MALS9Ut�Y the said instrument to be the free and voluntary act and deed NOTARY PUBALSBU of said limited liability company, for the uses and purposes SLATE Qh WASNIKtLIC TON COMMISSION EXPIRES therein mentioned, and each on oath stated that he/she was OCTOBER 3.2415 autho ' d to execute said instrument. Notary Public in and fdr the Staty:or �wanhingtm Notary {Print} My appointment expires: lQ03/15 First American Title First American Title SB 16 Ribera Balco. LLC By: Sea Bwr k, sol r By,1<'#A'— Printed '#A'-.Printed Name: Robe Ittes [is: • Vie esident By; � A- Printed N C: �atrictc Patrick Its: silent Notary Seal must be United States Postal By: Printed Name:.�� Its: C4%( within box STATE OF WsiIyGIC19 ) ss COUNTY OF KING On this %2l� day of , 282—, before me personally appeared rvDere Rtes and Patrick PatriqV to me known to be E Kec. V,&e President and President- of SeattleBank 1 °FSB i 6 Ribero Balco, CARMAN L LLC_ that ecuted the within instrument, and acknowledged AMEINNOTAtt4Al59U�lY PUBLIC the said ' strument to be the free and voluntary act and deed STATE Ot WASHINGTON °f� united liability company, For the uses and purposes COMMISSION EXPIRES t�thqd&ed mentioned, and each on oath slated that he/she was OC106ER 3.2015 to execute said instrument. OWWO 004 00 4 -V -� Notary Public in and fdthe State-- wash;,,� Notary (Print) My appointment expires: 10/03/15 First American Title First American Title Notary Seal must be within box + STATE or�ST COUNTY OF ) On this ,!� day of , 20L, before me personally appeared /-�• ~��A� and to me known to be and of 46 The United States Postal SeMce. that executed the within instrument, and acknowledged the said instrument to be the free and voluntary act and deed for the uses and purposes �� N1A therein mentioned, and each on oath stated that he/she was authonz to execute said instrunlqnL. +.,�4t' •., �ZON+! . Notary Public in and for the State of Notary (Print) HrOu t �} My appointment a ires: First American Title First American Title EXHIBIT A TAX PARCEL NO, 5182100020 PROJECT PARCEL NO. 19C LEGAL DESCRIPTION FOR ACCESS EASEMENT Parametrix COMMENCING AT THE MOST NORTHEASTERLY CORNER OF LOT 2, CITY OF RENTON SHORT PLAT NUMBER LUA-02-129-SHPL (RIBERA - BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, SAID CORNER BEING COMMON TO THE SOUTHEAST CORNER OF WHITMAN COURT NE AS SHOWN ON SAID SHORT PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT 2 AND THE SOUTH LINE OF SAID WHITMAN COURT NE, NORTH 89°12'11" WEST, 12.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 89°12'11" WEST, 25.00 FEET; THENCE LEAVING SAID LINE SOUTH 00°47'49" WEST, 220.00 FEET; THENCE SOUTH 89°12'11" EAST, 37.00 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EAST LINE NORTH 00047'49" EAST, 38.07 FEET; THENCE LEAVING SAID EAST LINE NORTH 23013'00" WEST, 29.49 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00°47'49" EAST, 37.70 FEET; THENCE NORTH 64013'51" EAST, 13.42 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE NORTH 00047'49" EAST, 20.00 FEET; THENCE LEAVING SAID EAST LINE NORTH 62°37'31' WEST, 13.42 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 0004749" EAST, 37.55 FEET; THENCE NORTH 64013'52" EAST, 13.42 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE NORTH 00°47'49' EAST, 20.00 FEET; THENCE LEAVING SAID EAST LINE NORTH 62038'15" WEST, 13.42 FEET; THENCE PARALLEL WITH SAID EAST LINE NORTH 00°4749" EAST, 15.75 FEET TO THE NORTH LINE OF SAID LOT 2 AND THE POINT OF BEGINNING. CONTAINING 6,743 SQUARE FEET, MORE OR LESS. First American Title First American Title ry NE 4TH STREET C ~ Ai r f l 01 �•� ti 1 5E CORNER OF LOT 1 I .. 1 1 1 N 5912'11" W 25.00' n I 4 { S 8T12'11" E J 1 37.00' l 42' P.Q.B. - NE CORNER OF LOT 2 �pS 0G �1 6,743 S.F., MORE DR LESS L --------------- LEGEND ACCESS EASEMENF — — — — — — — PARCEL LK UISTK Wo First American Title eA"1011 o TPN 8182100020 PROJECT PARCEL 19C ACCESS EASEMENT First American Title 17. Legal Description_0120090409900002 RIBERA—BALKO SHORT PLAT A PORTION OF THE NW 1/4 Of THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., CITYQY RENTON, KING COUNTY. WASHINGTON ACKNOWLEDGMENT RANGE 5 E, W.M. ; Z"� LVA-02-129-SHPL LND-20 DMI VICINITY MAP DECLARATIdN.. OI' COVENANT, J APPROVALS. j6p_I-- ACKNOTLEIAMENT:... 1" = 1/4 niflie DOCUM�NTS,,bF iECORD: . . . ..... 77 .. jm' NATIVE OROWTH! FROTECTIQV 'EASEMENT =11 Mme'M, �11�7.117 I ZT71 ........ L.1 Aquifer Protection Notice: -..T j: PRIVATE EAS111111W-1'011 DRAINAGE*! Afil) ACCESS AqRVEM8NT: w=jx, PLAT NOTES: Cavenant$: T# R. -- OWNERS }DECLARATION: r- E Im CENTRN.*-NWA5, 7 .7�N L5F'-" 1P H. P� �A ACKNOWLEDGMENT RANGE 5 E, W.M. ; Z"� LVA-02-129-SHPL LND-20 DMI VICINITY MAP DECLARATIdN.. OI' COVENANT, J APPROVALS. j6p_I-- ACKNOTLEIAMENT:... 1" = 1/4 niflie DOCUM�NTS,,bF iECORD: . . . ..... 77 .. jm' NATIVE OROWTH! FROTECTIQV 'EASEMENT =11 Mme'M, �11�7.117 I ZT71 ........ L.1 Aquifer Protection Notice: -..T j: PRIVATE EAS111111W-1'011 DRAINAGE*! Afil) ACCESS AqRVEM8NT: w=jx, PLAT NOTES: Cavenant$: T# R. -- First American Title I ILAND SURVEYOR'S CERTIFICATE r- E Im CENTRN.*-NWA5, 7 .7�N L5F'-" 1P H. P� KIN GZ7WASWNGTOt SHEET I OF", First American Title First American Title -�.sxex��p.hor.c m -ex �_ry r'- RIBERA—BALKO SHORT PLAT A PORTION OF' THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP ZO N. RANGE 5 E., W.M. CITY OP RENTON, RING COUNTY, WASHINCTON 12Nh IXra.L Ilene ta) SBp ' OO'E 25 s ICOR, In. .7 A.1", Is � rv1+Y -01 redo Ielsy LLC. cxa6'sputncenv�r el.x, sse iaa �'. lF�ui M�'9Nf A9 w� ey c Is rlm 21 ircif 'a ' i pFcwla�U'Jx SHEET 2 OF I Ixarms ... a±czif. IILaFfO G � Rxipx RI[H Ai 9AFr.[E��o3f2Vpf1 LEGAL DESCRIPTION. � II'I b- RGbPG `T .Rrfa L&Ic , ,I-4 F IAT ADDRESS: F(F�I�1�y�e,yy , 42a e� 4f• :.R t, II IOI I ' 11j1V'S IAT AREAS 11 NJJ rY AIIf DRi!''. 1 ��-.'.'•iYWK��I t80ji220 '[ �k ■ `�' vc�CLgrss r�ns[Kx�F I II _ rlxN; n IOce I IIS i $�� 'tb Wit', 2�ppoef �F First American Title 7.Mo-2Q-0991 I� T191L LEGEND: „ �$ �Fessf.L` I,I HA�[S bF 8EAR G: rv1+Y -01 redo Ielsy LLC. cxa6'sputncenv�r el.x, sse iaa �'. lF�ui M�'9Nf A9 w� ey c Is rlm 21 ircif 'a ' i pFcwla�U'Jx SHEET 2 OF I Ixarms ... a±czif. IILaFfO G � Rxipx RI[H Ai 9AFr.[E��o3f2Vpf1 �^ _— SBTrr...��,^IT� � II'I b- RGbPG `T .Rrfa L&Ic NFlgi f9 tV IOVN�I ,I-4 F I bo�x> — Baas F(F�I�1�y�e,yy 1. :all III . — — _ -� M F YY6 IX1bx�� n e� 4f• :.R t, II IOI I ' 11j1V'S �[J [ p1`«' �f[p/rl Ip;x4, Fc r TF rt� ION 4' iuFCt xi 5 A9 -�' - ,FSS 16yy�R. CI R�IEVIONIz1rrn �� ui, G it1- er CP_ oEea rat. on, BasYQxuo nc NGS ra�lrv]ap�.tl. F, F. aaY ' [ NTON CONTROli'MONUMENTS: dbAD 83J91 LEGEND: „ �$ �Fessf.L` CS IN7'°E' °�'�'� �rt iVx p•L� Amina. ee.LL - F.ml s W Is "h 4w it. T23 E V M. rv1+Y -01 redo Ielsy LLC. cxa6'sputncenv�r el.x, sse iaa �'. lF�ui M�'9Nf A9 r.< o .o,ep Ncoos KING C0l1 XTT---VMfl*Gl10W' of 21. .paF zzra SHEET 2 OF First American Title 18. Legal Description 02_20120419001607 CHICAGO ME INS. 000 REFS .. I / 2 J`ya - 6 After recording return document to: City Clerk City of Renton 1055 S. Grady Way Renton, WA 98057 E2539364 0+/19/2022 15:33 KING COUNTY, GATAX 10.00 SALE 50.00 PAGE -001 OF 802 DOCUMENT TITLE: Special Warranty Deed REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A 1 _ SB 16 Ribera Baloo, LLC _ CITY OF RENTON, a Washington municipal corporation ,BBREVIATED LEGAL DESCRIPTION: to of Lot 1, City of Renton SP #LUA-02-129-SHPL, #20090409900002 ,DDITIONAL LEGAL DESCRIPTION ON PAGE(S): xhibits A and B ,SSESSOR'S TAX PARCEL NO(S): 18210-0021-02 ROJECT NAME: E 3rd/4th Corridor Improvements ROJECT NO.: 198 SPECIAL WARRANTY DEED (Not Statutory) THE GRANTOR(S), SB 16 Ribera Baloo, LLC, a Washington limited liability company, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration , in hand paid, bargains, sells, and conveys to the City of Renton, a Washington municipal corporation, the following described estate, situated In the County of King, State of Washington, to the same extent and purposes as if the rights granted had been acquired under the laws of eminent domain of the State of Washington: First American Title First American Title SEE EXHIBIT A, AND AS DEPICTED IN EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE The Grantor hereby requests the Assessor -Treasurer of said County to set -over to the remainder the lien of all unpaid taxes, If any, affecting the real property hereby conveyed, as provided by RCW 84.60.0M DATED this 2-1 day of , 2017- _ GRANTOR: SB 16 Ribera Bal o, LLC By: . 44V44. lz�- 1,706 rr A/I . I rS [Print name] Its: 6-✓/".�J [Tittle/position] First American Title By: how'a, -- a [Print name] Its: SVP [Title/position] First American Title Notary Seal must be within box STATE OF ) ss COUNTY OF r-bgr- ) APPROVED as to form only: Accepted by the City of Renton ByhA IMM ie rinal Lawrence J. Warren Printe Na e: City Attorney r iP4rr' OIit1I Its: Date:�- First American Title On this 21 day of &20� before me personally appeared -rAC5 and to me known to be and of SB 15 Ribera Balco, LLC. that executed the within instrument, and acknowledged the said instrument to be the _ L ' ' f """ - ` ee and voluntary act and deed of said iii LOST ;t `U Lti NOTARYNOTARY PUaL1C N� , for the uses and purposes therein mentioned, and STATE OF WASHINGTON ach o oath stated that he/she was authorized to execute COMMISSIOIX EXP1RE5 qinment. JULY 9 2013 NotVy Public in and for the State of W Notary �G_We_ {�, ,� lI�►^--� (Print) lam'" 4 My appointment expires: —1 I 1:!S _ APPROVED as to form only: Accepted by the City of Renton ByhA IMM ie rinal Lawrence J. Warren Printe Na e: City Attorney r iP4rr' OIit1I Its: Date:�- First American Title First American Title EXHIBIT A TAX PARCEL NO. 5182100021 PROJECT PARCEL 196 LEGAL DESCRIPTION FOR RIGHT-OF-WAY Parame&fx ALL THAT PORTION OF LOT 1 OF CITY OF RENTON SHORT PLAT NUMBER LUA-02- 129-SHPL (RIBERA — BALKO SHORT PLAT) AS RECORDED UNDER RECORDING NUMBER 20090409900002, RECORDS OF KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88003'06" EAST, 197.49 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE DESCRIPTION; THENCE LEAVING SAID NORTH LINE, SOUTH 43'37'39' EAST 49.00 FEET TO THE EAST LINE OF SAID LOT 1 AND THE TERMINUS OF THIS LINE DESCRIPTION. CONTAINING 337 SQUARE FEET, MORE OR LESS. 1of1 First American Title First American Title F ------- I _L—_-------- '� I Bww om HE• 4TH ST1tEff� — -� — — — — P.O.C. see• os ae ,er � — I I P.O.B.' I I LOT 1, SHORT PLAT � Z i REC. ifMD40990M 9 �+ / I � / I I I LEGEND NEV RM -OF -WAY ACCUlSI N — — — — — — — — PARCEL UK P.O.Q.-PW OF BEFDi M cam ROME P.O.C.-POINT OF COM O K MiliT 331 S.F. MOM OR LESS AREA PA►AA b[ atisc+�ww�as�s R&rMwffMw norovwa a N ea �•=ea First American Title EXHIBIT B TPN 5182100021 PROJECT PARCEL 19B ROW ACQUISITION First American Title 19. Legal Description_03_20090818900001 LOT LINE ADJUSTMENT FILE N0. LOA—C7-43k30—LLA // LAND RECORD NO. LND-30-0331 ` A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E.. N.H. CITY OF RENTON, ICING COUNTY, WASHINGTON OWNER`S :DECLARATION: r� I�Nv 'arv,ie r[-1�.uei�m.Tsnov I,naa\"'1e.R[. 5e ,: �.vx:•xi°r`N�1 �=�a4� r .r 1k a..c .a .. .. �[oMEu 9i x x�.1�NE?a AMY s x .9i' q.P .wM^�,0 LCUL3 rV ils. x4r�",�'� .—a.., �.x+frwcwN s• LEGAL. DESCRIPTION: .tlF 4�a[fo �¢.�Kio�w�Iwn[ ioonroaw[ooa. ix r.ixe [w.x .. S1 ACKNOWLEDGEMENT our WI: [�9NI I`lr.Ci� 3a �a zxr�eieNiNiet[�n`a rwuesvi:['hrt[m�xr�.[a „e ..aa...:in, i,,. S MOTES: Klkyk kin: Ira'• is rrt rwm.tt ra � v.ia �•i-Pp. n Ixts wx.f, a-aesws M%a I. Q carni t'e�w .,.-- APPROVALS: -. [moo { [u w i..Ipi vF4r:L(xWPFM K �[pp��� in uwsic �m�i.xr � =4i.i. a � - . w9Yr=n t; Y♦L4L a: VLJ �T xo�s/ i�iui, � AEMV__—.. Y [� •I�n�+C�.F 5#{IIrWi:314'Ir [.IM farT.rleG . ..••, ffY AIH �LL i �i.wrh a T[�.... reertle 1x[ .irvxk n ei:o.. I,o ie,�.mavyp. Naww p, W,r vfMipnI1f01 ILL use �co�soud�i W i i� Zxx r1.tp, rr�iw. •... u iK fr1 1.r •[aP ik Ixla -+ "- rtR/lY� r 1x1 11111111111 R1111 xa@saaia�memi First American Title r r ! r WINITY MAP rra -..1 twl S c. Ss. N 4 v[WI[F�CWEP' C. b. Ra iNp+1 AMsS ASK .{M �R1G n 5ARR. W]R499 [11'RR PPoItl: rG f0�,'2V'lB] 4� wy wF� Irma - �1 M%a I. Q carni t'e�w .,.-- APPROVALS: -. [moo { [u w i..Ipi vF4r:L(xWPFM K �[pp��� in uwsic �m�i.xr � =4i.i. a � - . w9Yr=n t; Y♦L4L a: VLJ �T xo�s/ i�iui, � AEMV__—.. Y [� •I�n�+C�.F 5#{IIrWi:314'Ir [.IM farT.rleG . ..••, ffY AIH �LL i �i.wrh a T[�.... reertle 1x[ .irvxk n ei:o.. I,o ie,�.mavyp. Naww p, W,r vfMipnI1f01 ILL use �co�soud�i W i i� Zxx r1.tp, rr�iw. •... u iK fr1 1.r •[aP ik Ixla -+ "- rtR/lY� r 1x1 11111111111 R1111 xa@saaia�memi First American Title r r ! r WINITY MAP rra -..1 twl S c. Ss. N 4 v[WI[F�CWEP' C. b. i'YJY��TF4a We ,i CJ57f ip [YO c111 a i0r �5N3 iNp+1 AMsS ASK .{M �R1G n 5ARR. W]R499 [11'RR PPoItl: rG f0�,'2V'lB] • p �1 ;F ,[�$ er[AY.LY FNIrl6FC'�ONa mi1B01195 ... m 9sM HE RENTgV CO1tiTI IfAP %5 —k" l 9— )NOMENTS: LAND SURVEYOR'S CERTIFICATE CEA►T" =NIP kFr T23N R5E ''9P M a.Fi e., u. �....voki �,,.. 4w ,. 'ik,.�. ion `� ]W IaitlmE a+xa' .o - Me: Te ➢%/& '.. eA3P SouLM91'ler 93.re . StefEf 4 �"`"' 2SY 113.'9Gi ¢.¢ �riS D!3 IYJE 4a YEiBB re„a: KING NCOUNT'y :NASH[MGTON w.13 29. 200 r�5 SHEET I OF Z First American Title LOT LINE ADJUSTMFNT FILE N0. LLA-07-080—LLA // LAND RECORD No. LND--30-0331 A PORTION i)F THE NW 1,,4 OF THE NW 1/4 OF SECTION 15. TOWNSHIF 23 N. RANGE 5 €. W.M. cn,y or RENTON. RING CCUNTY, WASHINGTON J/ 3h -- A' d • � r r an LINL TAFILK r i I. rea imE I - 1 — D u I I F Lot D ` Old h ---I CN V 4s LEC FND: I]Ra,,v 36] !1i�2 dV"' � IN ,rtv�✓n N E. 4[I7: Street { I EE zG" Lot L SCALE" x h A' AREAS:I r i I. rea imE I - 1 — D u I I F Lot D ` Old h ---I First American Title I yL . fin• 14 14 r3`ac AQUIFER R PROTECTION NOTICE Yo - �c rtr rcc CENTRE gyp NW JT231V -1q Me M. PINT:- a=, . 62}V T f 61N �T6 fi„ 1f '� 26i B1] 9�L "ltixr M1 _v 3 29 _oa9� s SHEET 2 OF - V 4s LEC FND: I]Ra,,v 36] !1i�2 dV"' � IN ,rtv�✓n First American Title I yL . fin• 14 14 r3`ac AQUIFER R PROTECTION NOTICE Yo - �c rtr rcc CENTRE gyp NW JT231V -1q Me M. PINT:- a=, . 62}V T f 61N �T6 fi„ 1f '� 26i B1] 9�L "ltixr M1 _v 3 29 _oa9� s SHEET 2 OF First American Title 20. Invoice - 42201516 Hirst American First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phone: (106)615-3206 / Pax: (425)551-4107 PR: NWES-I Final Invoice To: Lozier Group 1300 114th AVE SE STE 100 Bellevue, WA 98004 Attention: NO Your Reference No.: RE: Property: Vacant Land, Renton. WA Buyers: SB 16 RIBERA BALCO LLC. Sellers: LOZIER AT WHITMAN COURT, LLC Oft: 4220 (10465) Invoice No.: 10465 - 42201516 Date: 02/10/2014 Our File No.: 4220-2208993 Title Officer: Kristi Mathis Escrow Officer: Customer ID: WABEL00007 Liability Amounts Owners: Lenders: Description of Charge Invoice Amount Guarantee: Subdivision/Plat Certificate $200.00 Safes Taut 519.00 Comments: INVOICE TOTAL $219,00 Thank you for your business? To assure proper credit, please send a copy of this Invoice and Payment to: Attention: Accounts Receivable Department 818 Stewart St, Ste 800 Seattle, WA 98101 Printed On: 2'102034, 7:12 PM Requester: ADEC Page: l First American Title PLAT NAME RESERVATION CERTIFICATE TO: EVAN MANN, ESM CONSULTING ENGINEERS 33400 - 8TH AVE S, #205 FEDERAL WAY, WA 98003 PLAT RESERVATION EFFECTIVE DATE: February7, 2014 } The plat name, WHITMAN COURT TOWNHOMES has been reserved for future use by PAUL G EBENSfEINER, LOZIER DEVELOPMENT LLC. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire February 7, 2015, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleted. err f'kft�'` If ". KifnuyCa;anly Deputy Auditor Leroy Chadwick A R 0 7 '014 AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax-. 425-430-7231 STATE OF WASHINGTON ) COUNTY OF KING } Paul Ebensteiner duly sworn on oath, deposes and says: MAP 07 214 , being first 1. On the 5th day of March , 20 14 t installed a public information sign(s) and plastic flyer box on the property located at 4225 NE 4th Street and 351 Whitman Ct- for the following project: Whitman Court PUD Project name Lozier at Whitman Court, LLC Owner Name 2, t have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information si n(s) was/were constructed and installed in locations in conformance with the require e is of C r 7 Title 4 of Fenton Municipal Code and the City's "Public Information Si ns I sta t' ° h Installer Signature SUBSCRIBED AND SWORN to before me this 6th day of march , 2Q14 ,`��lliillfl+lrli A/tet pts N K 6 `�� ii.. S�. �ssio'ry ••.fid '� • ,�,G'�' N dAg PUBLJC in and for # tate of Washington, ` NOTARY m_ = re i n at•jj . PUSMy commission expires on 2h ��r'r ItigsH\ . HACED1D= Forms-TemplateslSelf-Htlp Handouts',Planning%pubsign.doc - 3 - 12113 r P i0 S69 -03'00'E 2985. 73' =Vil9 OROS I� ELaY LTTE aF rER�ILAL CYPH L GLTlEF1 lLeut !Ox } f SL. SOUTWEEAr�Sr�T I2Bni ST��Rm£�a'c!`�rfMGufCO. NORTHEAST 4TH NTi48G1 (axxgMN L� i5 �IGN4 FlOx —..$ - "p -.t ' 'I.•.:. 'S1 CD IER SEC. f5. %i X.X. rYn,'- —,�„—' _ ' 7_.E �., �� — _ _ lww AXE PI In.. VNJ55 N ]n E, [NCASEL� 03(2Al9B SXE Sf'XP-F r., ry' SM m'm-e r g._ � I 11 . - a sf&uL ypxE r ,"+ SANITA41 SEWER. A STORM OR]ANAGE EA \ 6I�-IS cs rn 1 7 Uf � k TaECORLING NU.2U000e :3 S LONS7T8R0l0C0T 77008 EASEMENT RELOROING H0. 201 204f 400ifi0B a, I LOT 1 I NA ISI rl i•L I (( EI F-- ] ACCESS r l � s[GM i AELORGR OING 200 NO 1 w fee-a'aee slr.E1 � ai ip� rtrfn I I yµ rEA IIQQ jl K^ p.M' MTEP PA7 y I MiER t '12'14'[ loo _ C L WE 36'76'X A.69' I ICBp"�I— I Q ! I 1 2UN II 1 1 1 PRIMDPAJNA� I "II � i �6�XL P0rC ACCESS EASEMENT— LES SCHWAB I $ � �. I"FTS I" ", av , EAT 2 TRACT A I t r � w I I y - ( � IwC TEA I I I ggI G I h'` - I I � f IX.�Ep pAREU ACCESS AND AGPE I0 EASEHENi 1--001 L6f9 I 1 f TEMPORARY CONSTFIECTION I EASEMENT PECCAUING N0. I I �. ti i 24i2053000fGi9 I II (() til iti l S g WY,*ea I' fel NATER EASER! I l I y9 Y I IFP -II I R -CORDING Ni I -TEA I I EF1KE SAN', TARt SEMEA EASI 10�4r.P"EING NC 8S0w1 If [ I „TFw ll,rw_fir it I y � u1^�aYn*i 1� PRIVATE s STORM POND - e EASERENT - - - - ( LOT S i REN LLA 07080 MATCHED AREA 1.5 I NGPE ON ?PACT A OETERWNED 8 k—1 - Via. i M1T1(f4770h' PLAN PREPARED 8Y I SHANNON & WILSON A5SOC. AND $ A APPROVED BY TNF CITY OF RENTON j 04104/2007 I Ilk ♦------'- f<s z2 At I I I PLAT OF RGSEWOOO HIGHLANDS 'a J Necr'os'es 6s Pt I RECEIPT EG00020482 p City of- f. \ jj . Transaction Date: March 07, 2014 BILLING CONTACT Paul Ebensteiner Lozier at Whitman Court LLC 1300 114TH AVE SE, 100 REFERENCE NUMBER FEE NAME TRANSACTION TYPE PAYMENT METHOD AMOUNT PAID LUA14-000295 PLAN - Environmental Review Fee Payment Check#13 $1,400.00 PLAN - Preliminary Plat Fee Fee Payment heck #13 $4,000.00 PLAN - Preliminary PUD Fee Fee Payment heck #13 $2,000.00 Technology Fee Fee Payment heck #13 $210.00 SUS TOTAL $7,210.00 TOTAL $7,210.00 OV Printed On: 3!7!2014 Prepared BV: Rocale Timmons Page 1 of 1 . I . .. I "-T I - q W. . f . v r , I , 11 I- 1� If , " " I, -11 . . I I . . I ...... -.-.. I - . mpw-* A$ - 4 , I I. I� - - , , - ".� " #�_ � ,4, 1� 'm .. ,!.% � C, ,,� � ,l 1. . . , , , N- . I f�: ..�.. . , "' - . I .. �� - , I 11 j '._� . ' � I �, . I I I I o 'I 7 - 'i'4 I - i M at I . I : � N , ��, " � � � . . 11 " . A n, 4 � �, �1`1'�11 � �. �, I 10,117 1 '�,. , -.. i i " -, 't, �,,'t!... 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