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RECOROn.tlo NO. 201IOe02C1OO!>38, (SJ A ST~ DRAINA6E DISCI-lAliCaE PIPE AND CUTFALL AND DRAINACoE DITCI-IE5, (b) A WSOOT CaRAvEL F20AD I'OR ACCESS TO W5D0T'S STRE.4M MITIGATION AREA "10 TIoE SOUTI-i CIF TI-IE TRACT. fl) A ~D RETAINIJ<.G WALL AND e.LOPE lEAR TI-IE ~D CUI..-OE-SAC BULB, AND (8) A PROPOSED NATIvE CaROWTH PROTECTION EA!oEHENT OVER ~10N5 CIF TI-IE TRACT TI-IAT ARE PROTECTED SLOPES (WiTI-I SUCI-I EASEMENT ~D 10 BE SUBJECT TO A "RICs1-ll OF LOT ClILNERS AND n-lE I-O"IEOUNERS A&SOCIATION, IF' ANT, TO TOP TRf:ES UJlTI-IIN THE NC.F"E FOR PRESE~ATION CIF V1Ei!J5 TO n.E u.eST AND NORTI-III.E&T FROM TI-I£ FUTlJRE I-IOMES AND REAr;;I: r ARDS ON TJ-IE PROPOSED LOTS). ",-,~,~~= .~"" '''WIll;>;! m' '!W " l' l"" """ "" ",rme C::"k.o"';!'f:'~''d'::' \ l~ 'f:":.cx "'::':""'~J CEDAR AVENUE SOUTH R/W SECTIONA-A NO SCALE PRCI"OS[J) CDlENT ca.r:RFTr CVRB ... (;tJT1£R PfH co.!? SID owe FOO' :..-. \, " " i8·~~~:1~-2~·. ~~ buALITY IDE'TENTION' Y AUU- ~i;tr:;"t.N~~E~'S;S~Ac:e4223:0 _~. 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" IEXHIBIT AI ~ DATUM 'NAvD~ BASIS OF BEARINGS N8o:!!"5"3'2!1o"UI AL~ THE NORTI-I LINE OF TI-IE NORTI-IJ.E&T QUARTER OF SECTION 20 BElUEEN TI-IE FO.ND NOF<:TI-I QUARTER ~R AND 11-1£ FOl.ND SECTION CO~ER PER I'ECORO OF &UR\IE'( RECORDED UNDER FO!ECORDINC. tU16ER 2000101O!~. BENCI-lMARK CITT OF F<!e:NTON BENC..a-tA~ tU18ER 41& aRA55 PIN N ~RETE I"1CW.R'1E:NT LOCATED AT 11-1E INTERSECTION OF eaJTl-llTI-I &T~ET ANO RENTON Ava.lJE SOUTI-l ELEYATIOt<oI ~.w ('!l321OM) OlLNER/APPLICANT MEalNO L.ANO DEVELOPMENT CO. INC. ~ 1ST Ave 5, SUITE 102 seATTLE. WASI-IINaTON ~1Oe (2Ob) ~~-881" PLANNER/ENGINEER/SURVEYOR COFI:E DE51GN INC. 14111 "I.E. ~TI-I Pl.ACE. SUITE 101 BELLEWE, UJA&I..I!NC$TON '!8001 (<42SJ ee~-1811 CONTACT, LAFE I-lERMANseN-f"LANNEr;;I: &l-lERI r-tJRATA. P.E, -a..t:iINEER ~In 0, ueST. P.L,s. -foURVEYOR ~ § 8 ~ 'It ~ ..; . 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"\ I I : i " /1 II ", ~ """":' -ic_ ," ::' _ '" "0':"\C"'--<'"" 'CI "" I 1/ .'/ • Jh ./ : ~;/ ;' :' y' / /ij, I 1/ Xl/ if • I ,./ 7 " '. " \ • CEN fER ar PRa'OSEO CUl-O£-SAC i \ \ I \ \ \ \ iii ! J! I \ /~t>-il\ '. / (. "~ ~ =~-.:::::-~ -'\ -\~"" ", , \ \ \ \ I ' ' e" IEXHIBIT DI LEGEND J PORnON OF EXISnNC ONSITE WSOOT CRA I£L ACCESS ROAO TO REMAIN. PORnON OF EXlSnNC ONSITE WSOOT CRAI£L ACCESS ROAD TO 8E £lIMINA TEO PROPOSED REPLACEMENT SEGMENT OF WSOOT CRAI£L ACCESS ROAD PROPOSED WAll ,_~i. .. ',."" _ 1--1 :'--" -:'--.. ~ ,...,£.: I! l ,II jE -' /~/ , \ \ " \' \ ~ " _ IlAXSl\< 35% " , " ' '" \ \ \, \, \ \ \ 'e, \ \ \ \ \ \ " I" ~' ',' '. ","" \ '..,', '. \ '" " ''L 'lllUSTRATl "':::,'SlRwt/HrrrAND \ \'_/«', \ \ '\ '\ \ ~ ~" (2 "---' , \ -"-,; ))" OIAltnfl? t :-oil,"SAC -----litJiFE~'\ '<-c<' ',! I ,\ \," -." ',)) \,1) ',I : \\ ,T/JRNAROUNO, ,/,' /!" I ~ >// / ,) r-. ,." / '\ ,I _ ,;-;-/ / '///' I v'~//, __ "" '\' " ~\.. / ~-~-//~~> // /'" / '/ ,/ ~/ '/~"/-,-,- / ""', /' // _ v / I ' I I // " SCALE: 1" = 40' o to 20 -40 \ \,-/ / ---I -+----\\ \ "', II ~ :!/ I "" '-~ ",--. " \ / / \ \ ~ ,/' -,-' \ \ \ '-'''"' <', ---. . '\. \ \ ...... -----'" .. --, ~ "., \ I i/(" ',' / ' /, 1 I, 1",/ /'1/ / / // ' / / / / / ;' ! ),.)' ,1/// //(,/. ,/",/,,//"//1 , " " ' , I ',' , _//1'" ,//' / , ' '/.' " / I '/ ///'il I ~ ~ I 405 LLC PROPERTY -SOUTH END OF PROPOSED SHORT PLAT l!l ( ~ ~ :::! PROPOSED CUL-DE-SAC (WITH UNDERLYING PROPOSED DETENTION VAULT), WSDOT ACCESS ROAD MODIFICATIONS, AND WALL LAYOUT RENTON, WA ~ ~ ... CORE ~DESIGN 1471 I NE 29r11 P!o<e Suit. 101 e .. n .. ....e, W<r>hInIl"'" 98007 425.885.7877 Fa~ 425.885.7963 ENGINEERING· PLANNING· SUI?VEYING ncr-r-',M¥4-{ , 7,2014 fl'RflJECtJ.ItfMlIiW 04139M APR 2 ~ '2:4 CITY OF RENTON PLANN!NG Dil,/bU':"'.:,J • • Denis Law Mayor August 22, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd Ste 202 Fircrest, WA 98466 SUBJECT: Cedar Highlands aka Merlino Short Plat'[UA14~0'0056'8;:SH~GA-=:7 PROJECT LOCATION: 819 Cedar Ave S Dear Mr. Halinen: This office has reviewed your request (dated August 19, 2016) to extend an approved short plat (File No. LUA14-000568) that will expire on September 19, 2016. Pursuant to RMC 4-7-070M, the municipal code allows the original approving body to issue a single one (1) year extension. Therefore, your short plat extension request is approved. The short plat will expire on September 19, 2017. You should be aware this office is empowered to issue only one such extension. If the final short plat approval is not completed by September 19, 2017 it will expire and cannot be extended again. Please feel free to contact me at (425) 430-7289 should you have any further questions or comments regarding this extension. Sincerely, Clark H. Close Senior' Planner cc: Jim Blais, Merlino land Development Co., Inc. Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Jan lilian, Development Engineering City of Renton File LUA14·000S68 1055 South Grady Way, Renton, WA 98057· rentonwa.gov • • CITY OF RENTON RECEIVED Fidelity National Title" Insurance Company JUN 142016 DEVELOPMENT S£R'Aces SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS CiJ.IARANTEE. Policy No.: WA-FBCM-IMP-27WAGI4-1-14-20368801 Fidelity National Title Insurance Company a California corporation. herein called the Company GUARANTEES Halinen Law Offices 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. Countersigned by: Authorized Signature 27W AG 14 Subdivision Guarantee ft.· Q Order No. 20368801-410-T20 • Guarante •. WA-FBCM-IMP-27WAGI4-1-14-20368801 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I. Except to the extent that specific assurances are provided In Schedule A of this Guarantee. the Company assumes no liability for loss or damage by reason afthe following: (a) Defects, liens. encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (I) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (e) (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 matteJ'j excluded under (I), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee. the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adveJ'je 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 oftbis Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults. tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances. adverse claims or other matteJ'j, 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. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS I. Definition ofTerms. The following tenns when used in the Guarantee mean: (a) The "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting S>nstructive notice of matter relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notity the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall tenninate with regard to the manner or matters for which property notice is required; provide, however. that failure to notity the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: 27WAG 14 Subdivision Guarantee (a) The Company shall have the right, at its sole option and cost. to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the tenns of this Guarantee, where or not it shall be liable hereunder,_ and shall not thereby concede liability or waive any provision of this Guarantee. if the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matteJ'j not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from and adverse judgment or order. (d) In all cases where the Guarantee pennits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action. or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company's prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall tenninate. S. Proof of Loss Damage. In addition to and after the notices required under Section 3 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 tenninate. 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 pennission, 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 damage. All infonnation designated as confidential by the Assured provided to the Company, pUJ'juant to this Section shall not be disclosed to other 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 of grant permission to secure reasonably necessary infonnation from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall tenninate any liability of the Company under this Guarantee to the Assured for that claim. Order No. 20368801-410-no • 6. Options to Payor Otherwise Settle Claims: Termination of Liability. [n case of a claim under this Guarantee. the Company shall have the following additional options: (8) To Payor Tender Payment of the Amount of liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the Dame of the Assured any claim which could result in loss to the Assured within the coverage oflhis Guarantee. or to pay the full amount of this Guarantee or, if this Guamntee 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 tenninate all liability of the company hereunder. [n the event after notice of claim has been given to the Company by the Assured the company otTers 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 tenninate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Othenvise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of the Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligation 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 tenninate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 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 27WAG14 Subdivision Guarantee Guarante •. W A-FBCM-IMP-27WAG 14-1-14-2036880 1 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 states in Schedule A; (b) The amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 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. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance. or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom. it shaH have fully perfonned its obligation with respect to that matter and shall not be liable for any loss or damage caused there. (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 detennination 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 bee lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. t I. 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 pennit 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 aU rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include. but are not limited to, any controversy or claim between the Company and 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 Mount of liability is $1,000,000 or less 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 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. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary, and 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 Fidelity National Title Insurance Company Attn: Claims Department P.O. Box 45023 Jacksonville, FL 32232-5023 Order No. 20368801-4\o-TIO • Guarantee NO_-FBCM-IMP-27W AG 14-1-14-2036880 1 3rd SUBDIVISION GUARANTEE SCHEDULE A Order No.: 20368801-410-T20 Liability: $1,000.00 Guarantee No.: WA-FBCM-IMP-27WAGI4-1-14-20368801 Premium: $550.00 Customer No.: N/A Tax: $52.25 Total: $602.25 I. Name of Assured: Halinen Law Offices 2. Date of Guarantee: May 17, 2016 at 8:00 A.M. The assurances referred to on the face page hereof are: That according to those public records which. under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto and made a part hereof. The estate or interest in the land which is covered by this guarantee is: FEE SIMPLE Title to the estate or interest in the land is vested in: Merlino Land Development Co., Inc., a Washington corporation subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON LAND OR BY THE PUBLIC RECORDS. 2. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS ORIN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 3. TITLE TO ANY PROPERTY BEYOND THE LINES OF THE LAND EXPRESSLY DESCRIBED HEREIN, OR TITLE TO STREETS, ROADS, AVENUES, LANES, WAYS OR WATER WAYS ON WHICH SAID LAND ABUTS, OR THE RIGHT TO MAINTAIN VAULTS, TUNNELS, RAMPS OR ANY OTHER STRUCTURE OR IMPROVEMENT; OR ANY RIGHTS OR EASEMENTS THEREIN UNLESS SUCH PROPERTY RIGHTS OR EASEMENTS ARE EXPRESSLY AND SPECIFICALLY SET FORTH IN THE LAND DESCRIBED HEREIN. 27W AG 14 Subdivision Guarantee Page 1 - -________________ ...-.....1 Order No. 20368801-4IO-T20 • Guarantee NO .• -FBCM-IMP-27W AG 14-1-14-20368801 SCHEDULE A (Continued) 4. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF PAID; 2ND HALF DELINQUENT ON NOVEMBER I) TAX ACCOUNT NO.: YEAR 2016 BILLED $3,276.36 0007200194 PAID $1,638.18 BALANCE $1,638.18 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,638.18. LEVY CODE: 2100 ASSESSED VALUE LAND: $6,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS THAT PORTION OF SAID PREMISES LYING WITHIN SAID DONATION LAND CLAIM NO. 37) 5. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF PAID; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2016 BILLED $1,004.22 2023059085 PAID $502.1 I BALANCE $502.1 I TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $502.11. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2100 $19,400.00 $0.00 (AFFECTS THE REMAINDER OF SAID PREMISES) 6. LIABILITY FOR SEWAGE TREATMENT CAPACITY CHARGES THAT MAY BE ASSESSED BUT NOT DISCLOSED IN THE PUBLIC RECORDS. 7. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR 'ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN SAID LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LANDS CONVEYED BY DEED: TO: RECORDED: RECORDING NO.: STATE OF WASHINGTON JULY 23,1958 4924770 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: REGARDING: RECORDED: RECORDING NO.: AFFECTS: COMMON EASEMENT FOR INGRESS, EGRESS AND UTILITIES OCTOBER 23, 1979 7910230907 A PORTION OF SAID PREMISES AS DESCRIBED 9. MATTERS SET FORTH BY SURVEY: RECORDED: RECORDING NO.: 27WAGI4 Subdivision Guarantee NOVEMBER 12, 1985 8511129001 Page 2 Order No. 20368801-410-T20 • Guarantee NO.e-FBCM-IMP-27WAG 14-I -14-2036880 I SCHEDULE A (Continued) 10. RESERVATIONS, EASEMENTS COVENANTS, CONDITIONS AND OTHER MATTERS CONTAINED IN DEED FROM THE STATE OF WASHINGTON: RECORDED: RECORDING NO.: AFFECTS: AUGUST 2, 20 II 20110802000538 A PORTION OF SAID PREMISES II. DECLARATION OF LOT COMBINATION AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: NOVEMBER 14,2014 20141114001240 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION . INGRESS AND EGRESS A PORTION OF SAID PREMISES JUNE 30, 2015 20150630000721 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: PUGET SOUND ENERGY, INC. UNDERGROUND FACILITIES A PORTION OF SAID PREMISES JANUARY 28, 2016 20160128000867 14. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. Countersigned by: ~fZ , Authorized Signature 27WAG 14 Subdivision Guarantee Page 3 Order No. 20368801-410-T20 • Guarantee NO_-FBCM-IMP-27WAG 14-1-14-20368801 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE BELOW-DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) 369+17± ON THE SR 405 LINE SURVEY OF SR 405, SR 515 VIC. TO S. 6TH ST. VIC. AND 512.01 FEET EASTERLY THEREFROM, SAID POINT BEING ON THE EASTERLY BOUNDARY OF SAID PARCEL "A"; THENCE WESTERLY TO A POINT OPPOSITE HES 368+50.32 ON SAID LINE SURVEY AND 221.I5 FEET EASTERLY THERE,FROM; THENCE NORTHERLY TO A POINT OPPOSITE HES 369+13.54 ON SAID LINE SURVEY AND 220.06 FEET EASTERLY THEREFROM; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2103.46 FEET AND AN ARC DISTANCE OF 563.97 FEET TO A POINT OPPOSITE HES 374+37.72 ON SAID LINE SURVEY AND 202.34 FEET EASTERLY THEREFROM AND THE NORTHERLY LINE OF SAID SECTION 20; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO A POINT OPPOSITE HES 374+54.58 AND 445.03 FEET EASTERLY THEREFROM, SAID POINT BEING ON THE WESTERLY LINE OF CEDAR AVENUE SOUTH; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. PARCEL "A" THAT PORTION OF THE HENRY H. TOBIN DONATION LAND CLAIM NO. 37, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. LYING SOUTHERLY AND WESTERLY OF THE PLAT OF HIGHLAND ADDITION TO THE TOWN OF RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 32, IN KING COUNTY, WASHINGTON; AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (GOVERNMENT LOT 1) OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF PUGET SOUND POWER AND LIGHT COMPANY'S TRANSMISSION RIGHT-OF-WAY AND EAST OF PRIMARY STATE HIGHWAY NO.1, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 20, WITH THE WEST LINE OF SAID PLAT, WHICH POINT IS NORTH 89'59'27" WEST 1,386.85 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE SOUTH 01'29'35" WEST ALONG THE WEST LINE OF SAID PLAT AND SAID LINE PRODUCED SOUTHERLY 973.04 FEET TO THE NORTHERLY LINE OF PUGET SOUND POWER AND LIGHT COMPANY'S TRANSMISSION RIGHT-OF-WAY; THENCE NORTH 67'03'41" WEST 47l.66 FEET TO THE EASTERLY LINE OF PRIMARY STATE HIGHWAY NO.1; THENCE NORTHERLY ALONG SAID HIGHWAY TO THE NORTH LINE OF SAID SECTION; THENCE SOUTH 89°59'27" EAST ALONG SAID NORTH LINE 316.54 FEET TO THE POINT OF BEGINNING. THE SPECIFIC DETAILS CONCERNING ALL OF THE ABOVE LEGAL DESCRIPTIONS ARE TO BE FOUND ON SHEETS 6 AND 7 OF THAT CERTAIN PLAN ENTITLED SR 405, SR 515 VIC. TO S. 6TH ST. VIC., NOW OF RECORD AND ON FILE IN THE OFFICE OF THE WASHINGTON SECRETARY OF TRANSPORTATION AT OLYMPIA, WASHINGTON AND BEARING A DATE OF APPROVAL OF MAY 24, 2007. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 27WAG 14 Subdivision Guarantee Page 4 Order No. 20368801-410-TIO • EXHIBIT A (Continued) Guarantee NO .• -FBCM-IMP-27WAG 14-1-14-2036880 1 (ALSO KNOWN AS "PARCEL X" OF THAT CERTAIN DECLARATION OF LOT COMBINATION APPROVED BY THE CITY OF RENTON DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT UNDER PROJECT FILE NO. LUA-14-000568.AND RECORDED UNDER KING COUNTY RECORDING NO. 20141114001240.) SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 27WAGl4 Subdivision Guarantee Page 5 • • n • j. _i • I~ I~ ,-_G • • Ix n x /"-"-.. -.. _.. . "-.-.. -"-"-"-' I .. _ .. _ .. _ .. _ . .1 N • • DENSITY WORKSHEET CITY OF RENTON RECEIVED oJUIV .1 4 £Ulli City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 DEVELOPMENT SERVICES 1. Gross area of property: 1. 160,943 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: 8,188 square feet ____ square feet 103,441 square feet 2. 111,629 square feet 3. 49,314 square feet 4. 1.13 acres 5. 7 units/lots 6. 6.19 = 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 floadways," Critical areas buffers are not deducted/excluded, •• Alleys (public or private) do not have to be excluded. R:\PW\DEVSERV\Fonns\Planning\density.doc Last updated: 11/08/2004 1 David Halinen From: Sent: To: • ( , Jan lilian <Jillian@Rentonwa.gov> Thursday, March 24, 20169:14 AM David Halinen • Subject: RE: Merlino Short Plat (LUA 14-000568)--Request for Waivers of Certain Submittal Requirements (and Questions and Requests) Attachments: Waiver Sheet Merlino Short Plat.pdf Hi Dave, Here are the waived items for the short plat submittal. Sincerely, Ja#1/ Illit;uv City of Renton Development Engineering 1055 -S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: jillian@rentonwa.gov ___ -J,..&=-="~@ij~ .. c. O~'~-ij)--::e From: David Halinen [mailto:DavidHalinen@halinenlaw.com] Sent: Tuesday, March 15, 2016 3:35 PM To: Jan lilian CITY OF RENTON RECEIVED JUN 1 4 2016 DEVELOPMENT SERVICES Subject: Merlino Short Plat (LUA14-000568)--Request for Waivers of Certain Submittal Requirements (and Questions and Requests) , Jan: Please give me a call at (206) 443-4684. (I left you a voice mail yesterday.) Thanks. Dave Halinen From: David Halinen Sent: Tuesday, March 8, 2016 7:03 PM To: Jan lilian (Jillian@Rentonwa.gov) <Jillian@Rentonwa.gov> Subject: Merlino Short Plat (LUA14-000568)--Request for Waivers of Certain Submittal Requirements (and Questions and Requests) Jan: Thank you for returning my call late last Thursday (March 3). 1 • • In follow-up to our phone call, on behalf of my client Merlino Land Development Co., Inc. (the Merlino Short Plat applicant), I am herewith forwarding you both a PDF and a corresponding Word file of the City's latest . Short Plat Recording Submittal Requirements document that my legal assistant obtained from the City of Renton website, a document in which (in regard to particular short plat recording submittal requirements that I have yellow-highlighted) I have inserted boldfaced red text to set forth questions, comments, and the applicant's short plat recording submittal requirements waiver requests in regard to the Merlino Short Plat (LUAI4- 000568). Please respond to the questions, comments, and short plat recording submittal requirement waiver requests as soon as possible. Please phone me if you have any questions. Dave Halinen David Halinen, P.E. Attorney at Law Seattle 206.443.4684 Tacoma 253.627.6680 david@halinenlaw.com halinenlaw.com CONFIDENnALITY NonCE The information contained in this email, along with any attachments hereto, may contain privileged and confidential material and is intended only for the use of the individual(s) or entity to which it is addressed. II you are not the intended recipient, you are hereby notified thot any dissemination, distribution, copying or forwarding of the communication is strictly prohibited. If you have received the communication in error, please immediately notify the sender by return email, or by coffing (206) 443-4684 (Seattle) or (253) 627-6680 (Tacoma), and delete the original message and any attachments to itfrom any computer. Thank you. HALINEN LAW OFFICES, P.S. d/b/a HALINEN LAW • 1019 Regents Blvd Ste 202 -Fircrest WA 98466-6037 -FAX: (253) 272-9876 2 e DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT e __ --:=:--:::.- -------... Renton ® WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way-Renton, WA 98057 Phone" 425430 7200 I www rentonwa gOV -- LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY; Arborist Report 4 Uf-(; Biological Assessment, Calculations, Colored Maps for Display 4 Construction Mitigation Description ZAND4 Deed of Right-of-Way Dedication 1 Density Worksheet, Drainage Control Plan 2 Drainage Report 2 Elevations, Architectural "N04 Environmental Checklist, Existing Covenants (Recorded COPY)'AND4 Existing Easements (Recorded COPY)'AND4 Flood Hazard Data, Floor Plans lAND, Geotechnical Report lAND 3 Grading Elevations & Plan, Conceptual 2 Grading Elevations & Plan, Detailed 2 Habitat Data Report, Improvement Deferral, Irrigation Plan 4 COMMENTS: PROJECT NAME: Merll nO w&-+ Acd DATE: 3 ( a 9-/ / ~ I ~ 0'\01 I 2$\or + P \ cd- 1 H : \CE D\Data \Fa rms· T em p lates\Self-Help Ha n d outs \P I ann in g\ Wa ivers u bm itta Ire qs. docx Rev: 08/2015 I • • LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual. Landscape Plan, Detailed. Legal Description 4 Letter of Understanding of Geological Risk 4 Map ofExisting Site Conditions. Master Application Form. Monument Cards (one per monument) 1 Neighborhood Detail Map. Overa II Plat Plan. Parking, Lot Coverage & Landscaping Analysis. Plan Reductions (PMTs) • Post Office Approval 2 Plat Name Reservation. Plat Plan. Preapplication Meeting Summary • Public Works Approval Letter 2 Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet. Site Plan 2AND. Stream or Lake Study, Standard. Stream or Lake Study, Supplemental. Stream or Lake Mitigation Plan. Street Profiles 2 Title Report or Plat Certificate lAND. Topography Map 3 Traffic Study 2 Tree Cutting/Land Clearing Plan. .~ Urban Design Regulations Analysis 4 Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final. Wetlands Mitigation Plan, Preliminary • 2 H: \CE D\Oata \Fa r ms-T e mpla tes\Se I f -H e I p Ha nd 0 uts \p la n n i ng\ W a iversu bm itta I re qs. docx Rev: 08/2015 • LAND USE PERMIT SUBMITIAL REQUIREMENTS: Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2AND' Inventory of Existing Sites 2 AND' Lease Agreement, Draft lAND' Map of Existing Site Conditions lAND' Map of View Area 2ANO' Photosimulations 2 AND' This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning WAIVED MODIFIED BY: BY: ~ 3 H :\ CEO \Data \F or ms-T em plates \Se If-He Ip Han douts \Pla n n ing\ Wa iversu bm itta Ireqs. doc)( • COMMENTS: Rev: 08/2015 David HaHnen From: Sent: To: Cc: . Subject: • Clark Close <CClose@Rentonwa.gov> Monday, April 4, 20169:04 AM David Halinen Jan lilian • RE: Merlino Short Plat (LUA 14-000568)--Requirements for Short Plat Recording / My follow-up questions and request relating to my 03-08-2016 email to Jan lilian concerning my "Request for Waivers of Certain Submittal Requirements (and Questions and Request 1. Item 16 (Irrigation Sprinkler Plan): I have enough information on the short plat landscaping plan to waive the irrigation plan. 2. Item 18 (Stream and Lake Mitigation Plan): Simply resubmit 3 copies of the Standard Stream Study report prepared by Raedeke Associates, Inc. (dated August 8,2014). 3. Item 20 (Proof of Improvement Deferral or Installation): Please work with Jan. Thanks, Clark H. Close Senior Planner City of Renton 425-430-7289 From: David Halinen [mailto:DavidHalinen@halinenlaw.com] Sent: Monday, March 28, 2016 12: 14 PM To: Clark Close Cc: Jan lilian Subject: Merlino Short Plat (LUA14-000S68)--Requirements for Short Plat Recording / My follow-up questions and request relating to my 03-08-2016 email to Jan lilian concerning my "Request for Waivers of Certain Submittal Requirements (and Questions and Requests)" Clark: Thank you for the three waivers set forth on the waiver sheets (PDF attached) that Jan Illian emailed me last Thursday, March 25, 2016 in partial response to the March 8, 2016 email I sent her on behalf of my client Merlino Land Development Co., Inc. (the Merlino Short Plat applicant) setting forth my client's "Request for Waivers of Certain Submittal Requirements (and Questions and Requests)." I am now writing because, after briefly speaking to Jan Illian last Thursday, I have a few follow-up questions and a follow-up request for you. [Note that I have also attached the same PDF of the City's Submittal Requirements for Short Plat Recording (Rev: 02/2015) with my embedded red text comments, questions, and requests that I attached to my March 8, 2016 email to her.l First, in regard to Item 16 (Irrigation Sprinkler Plan) of the Short Plat Recording Submittal Requirements sheets, the item 16 text states: Please provide 3 copies of an Irrigation Plan meeting the requirements of RMC 4-8-120D. 1 • • Please note that in the PDF of the set of those Short Plat Recording Submittal Requirements sheets that I sent to Jan on March 8, I had inserted in red text the following comment concerning item 16 (yellow-highlighting now added): [Comment Concerning Submittal Requirement 16: Based on my (Dave Halinen's) phone discussion with Jan lilian on March 3, 2016, I understand that an irrigation sprinkler system is not a City requirement in the planting strip within the margin of a City street right-of-way along the edge of a proposed residential subdivision or short subdivision. I have asked my client Merlino Land Development Co., Inc:s president if he wishes to install an irrigation sprinkler system in the planting strip within the street right-of-way margin of the Merlino Short Plat's Cedar Avenue South frontage and he told me that he does not wish to do so. Accordingly, Submittal Requirement 16 is inapplicable. Please indicate the City's concurrence.] Would you please email me back your concurrence that Submittal Requirement 16 is inapplicable to the Merlino Short Plat? Second, in regard to Item 18 [Stream and Lake Mitigation Plan: (Only for projects with streams/lakes)] of the Short Plat Recording Submittal Requirements sheets, the item 18 text states: Please provide 3 copies of a plan meeting the requirements of RMC 4-8-1200. Note that in the PDF of the set of those Short Plat Recording Submittal Requirements sheets that I sent to Jan lilian, I had inserted in red text the following waiver request (with three supporting reasons) in regard to item 18: [Waiver of Submittal Requirement 18 is hereby requested. Reasons for the Waiver Request: (1) There are no onsite streams or lakes on the site. (2) A Category 3 stream lies to the south of the site (in property owned by the Washington State Department of Transportation). (3) A Standard Stream Study report dated August 8, 2014 prepared by Raedeke Associates, Inc. was submitted to the City for consideration as part of preliminary short plat review require (a report that ultimately became Exhibit 12 to the Environmental Review Committee Report and Administrative Short Plat Report & Decision signed by Planning Director Jennifer Henning on September 19, 2014). (4) The only condition of short approval for the Merlino Short Plat relating to the offsite stream is Condition 7, which states: 7. A wood, split-rail fence shall be constructed along the south boundary of Category 3 stream buffer. The fence shall be constructed prior to recording the short plat. A requirement to maintain the fence by a Homeowners' Association shall be placed on the face of the short plat. (5) The detailed Landscape Plan for the project (approved and filed under City drawing file numbers R-38231S and R-382316) depicts (a) the intended location of the wood, 2 - ----~--------------------------------- 'split-rail fence on drawin~le number R-382315 and (b) a SPllT-!L FENCE detail on drawing file number R-382316.] I see on the waiver sheets that Jan lilian forwarded me that you did not initial "Stream and Lake Mitigation Plan" as being waived. Did you not waive it because either: (I) a Stream and Lake Mitigation Plan is not required in the first place or (2) the detailed Landscape Plan for the project (approved and filed under City drawing file numbers R- 382315 and R-382316) depicts (a) the intended location of the wood, split-rail fence on drawing file number R-382315 and (b) a SPLIT-RAIL FENCE detail on drawing file number R-382316? Please explain and let me know whether you contend that something further needs to be submitted on my client's behalf in regard to item 18. Third, in regard to Item 20 (Proof of Improvement Deferral or Installation) of the Short Plat Recording Submittal Requirements sheets, the item 20 text states: Please provide 3 copies of the Improvement Deferral Form located in the Customer Service Center on the 6th Floor of Renton City Hall. Any deferrals of improvements must be approved by the Department of Community and Economic Development Planning Division Director prior to the recording of the short plat. Note that in the PDF of the set of those Short Plat Recording Submittal Requirements sheets that I sent to Jan lilian, I had inserted in red text the following request in regard to item 20: [Request: Please email me at david@halinenlaw.com a Word file or a PDF of the Improvement Deferral Form cited in Submittal Requirement 20.] Would you please email me (or, if you are not the person who has the form, have someone else email me) a Word file (preferably) or a PDF of the Improvement Deferral Form cited in Submittal Requirement 20? Please respond. Dave Halinen HALINEN LAW David Halinen, P.E. Attorney at Law Seattle 206.443.4684 Tacoma 253.627.6680 david@halinenlaw.com halinenlaw.com CONF/OENnAUTY NOnCE The information contained in this email, along with any attachments hereto, may contain privileged and confidential material and is intended only for the use of the individual(s) or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or forwarding 0/ the communication is strictly prohibited. 1/ you have received the communication in error, please immediately notify the sender by return email, or by calling (206) 443-4684 (Seattle) or (253) 627-6680 (Tacoma), and delete the original message and any attachments to it from any computer. Thank you. HAUNEN LAW OFFICES, P.S. d/b/a HAUNEN LAW • 1019 Regents Blvd Ste 202 • Fircrest WA 98466-6037 • FAX: (253) 272-9876 From: Jan lilian [mailto:Jillian@Rentonwa.gov] Sent: Thursday, March 24, 20169:14 AM To: David Halinen <DavidHalinen@halinenlaw.com> 3 -1 Subject~ RE: Merlino Short Plat (LU!000568)--ReqUest for Waivers of Certaintmittal Requirements (and Questions and Requests) Hi Dave, Here are the waived items for the short plat submittal. Sincerely, JaI1/I~ City of Renton Development Engineering 1055 -S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 E-mail: jillian@rentonwa.gov From: David Halinen [mailto:DavidHalinen@halinenlaw.com] Sent: Tuesday, March 15, 2016 3:35 PM To: Jan lilian Subject: Merlino Short Plat (LUA14-000568)--Request for Waivers of Certain Submittal Requirements (and Questions and Requests) Jan: Please give me a call at (206) 443-4684. (I left you a voice mail yesterday.) Thanks. Dave Halinen From: David Halinen Sent: Tuesday, March 8, 2016 7:03 PM To: Jan lilian (Jillian@Rentonwa.gov) <Jillian@Rentonwa.gov> Subject: Merlino Short Plat (LUA14-000568)--Request for Waivers of Certain Submittal Requirements (and Questions and Requests) Jan: Thank you for returning my call late last Thursday (March 3). In follow-up to our phone call, on behalf of my client Merlino Land Development Co., Inc. (the Merlino Short Plat applicant), I am herewith forwarding you both a PDF and a corresponding Word file of the City's latest Short Plat Recording Submittal Requirements document that my legal assistant obtained from the City of Renton website, a document in which (in regard to particular short plat recording submittal requirements that I have yellow-highlighted) I have inserted boldfaced red text to set forth questions, comments, and the applicant's short plat recording submittal requirements waiver requests in regard to the Merlino Short Plat (LUA14- 000568). 4 --------------------------------------------------------------------- • • Please respond to the questions, comments, and short plat recording submittal requirement waiver requests as soon as possible. Please phone me if you have any questions. Dave Halinen David Halinen, P.E. Attorney at Law Seattle 206.443.4684 Tacoma 253.627.6680 david@halinenlaw.com halinenlaw.com CONFIDENnALITY NOTICE The information contained in this email, along with any attachments hereto, may contain privileged and confidential material and is intended only for the use of the individual(s) or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or forwarding of the communication is strictly prohibited. If you have received the communication in error, please immediately notify the sender by return email, or by colling (206) 443-4684 (Seattle) or (253) 627-6680 (Tacoma), and delete the original message and any attachments to itfrom any computer. Thank you. HALINEN lAW OFFICES, P.S. d/b/a HAUNEN lAW • 1019 Regents Blvd Ste 202 • Fircrest WA 98466-6037 -FAX: (253) 272-9876 5 o • • PLANNING DIVISION . WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE ApPLICATIONS .. LAND USE PERMIT SUBMITTAL WAIVED MODIFIED . REQUIREMENTS: BY: BY: ' C;OMMENTS: Plat Name Reservation. PreappliCation Meeting Summary • Public Works Approval Letter, Rehabilitation Plan. . . Sc.reening Detail , ShOreHne Tracking Worksheet. Site Plan 2AND' ?treamarLake Study, Standard, .. '/)9'" ' . '. " .. " . ,. ", , , . Stream, or Lake Study, Supplemental, /jJ, : '." .-.- Stre~rTlOr Lake Mitigation Plan" ,. .,.~ .<,.;:,:,:' .;<' . '". Street Profiles 2 Title ~eport or Plat Certificate 4. . " , Topography Map J Traffic Study 2 " TreeCutting/Land Clearing Plan. Urban Design Regulations Analysis, Utilities Plan, Generalized 2 WeUands Mitigation Plan, Final, Wetlands Mitigation Plan, Preliminary , Wetlands Report/Delineation. Wireless: Applicant Agreement Statement 2AND J Inventory of Existing Sites ZAND J Lease Agreement, Draft i AND J Map of Existing Site Conditions 2 AND 3 Map of View Area 'ANDJ Photosimulations 2AND 3 This requirement may be waived by: 1, Property Services 2. Public Works Plan Review 3, Building 4. Planning . " . "" ... ;[:7' a ~. ''--' ~ PROJECT NAME: HElZ-L-I/vo JdpL DATE: <..5/..2S /;g 7 ) . H:\CED\Oata\Forms.TempJales\Self.Help Handouts\Planning\waiverofsubmitt~JrBqs 06/09 . .' • • PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND U$E:PERMIT SyBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: , ' Calculations 1 Colored Maps for Display, Construction Mitigatio'nDescription 'AND' De"d of Right-O!,0,laYDedication , Density Worksheet, DrainageControlPlan " ' , Drainage Report , Elev"tions, Archilect'ural, AN~" . ';' "-. ,. Environmental Checklist, Existingc;ovenant13 (RecQrded 9opy) , ' ,"', Existing Easements (Recorded Copy) , Flood Hazard Data~ ~ Floor Plans, AND' ~c:/ Geote9hnical Report iAND' -, Grading Plan, Conceptual, Grading Plan, Detailed, . , . -~ '.' . Habitat Data Report, &--. Improvement Deferral, Irrigation Plan, King County Assesso~s Map Indicating Site, Landscape Plan, Conceptual. Landscape Plan, Detailed, , , ' Legal Description, Map of Existing Site Conditions, Master Application Fonm, Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Parking, Lot Coverage & Landscaping Analysis, Plan Reductions (PMTs) , Post Office Approval., , This requirement may be waived by': 1. Property Services PROJECT NAME: ,v1(;.-;e"L.-t'/'V 0 sW,-- 2. Public Works Plan Review 3. Building 4. Planning DATE 3/25 /./5-I ) H:\CEmData\Forms~TempJates\Self-Help HandoulslPlannlnglwaiverofsubmit1alreqs 06/!l9 I I I/' . • ---- ------------------------------------------ • • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS CITY OF RENTON RECEIVED JUN 142016 DEVELOPMENT Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The Post Off~~nts to be involved in helping you locate your mailboxes before construction begins. Please call 1-800-275-8777 for the location of the Post Office that will service your plat. Then, take a copy of your plat map along with this form to the specified Post Office for their sign- off. Please submit the signed form along with your application. Property Location: 700 -800 block of Cedar Ave S, Renton 98055 Owner's Name: Merlino Land Development Co., Inc. Phone: (206) 255-5153 Land Use Application Number: LUA 14-000568, ECF, SHPL-A, MOD See attached drawing sheet with Post Office Approval: USPS approval stamp and signature Date: 6/10/2014 ------ 1 H: \CE D\Data \Form s-T em plates \Self-Help Handouts \Pla n n ing\mail boxreq .docx 02/2015 . ' ' . .. • '~20 '!UI! ~1H !W!tn: CIJII[. , O1TtJ'IDI« f C(tjlllO.. POIiII«! .• ,~ I 'IT BRASS QI5J; I. "j ·"-'-'1 'J oc.oo.1111CAS: .'J. ' , L -I • NW See the USPS 6/10/20]4 approval stamp and on the attached drawing sheet. Red text boxes and this note added by Hahnen Law, 05124/2016 '4. SEC.2o. TWP.23 N.. 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' ~ffi (,. 5-IS ""._--- ~ .. ---- ~ .. ---- q~ -0. ... r j ~ • r . ~ i S ! ,~ " ! ~ :! :I ~ " • ~ ~ ~ ~ " ~ " • • • ~ ~5 ~ ~)! I.i :0: ~ ;:s .... g ~~ ~ ~ .... ~ .... It: ;!~ 1::10 ~ .. !!! ~;t ,..O!~ <:JCIj ~~~ ~ ~ C\lO~ "1:'" ~~b< I::I~ S ~~ ~ Q: ~ ~ SHEET OF C3,O~ I ~6 PROJECT ,~ .... _'-' .... ~ 041.39M 'iU~ , c: , ~ ! iii i ~ , ~ 8 I c ~ ~ M :!: Z j " z l c: ~ ! to m g ~ ..., .t'Ij g~-, ,... '-' ... ~ i" I Ii~; .&:t:. 2f£ = ;.. -! I .,W "'~ QO ~ W In 8 c ES ~ i) ~ , ~ "' , • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • MAILBOX REQUIREMENTS CITYOFRIR[VfICE FOR ALL NEW PLATS AND SHORT PLATS JUN 142015 DEVELOPMENT SERVICES Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The Post Office wants to be involved in helping you locate your mailboxes before construction begins. Please call 1-800-275-8777 for the location of the Post Office that will service your plat. Then, take a copy of your plat map along with this form to the specified Post Office for their sign- off. Please submit the signed form along with your application. Property Location: 700 -800 block of Cedar Ave S, Renton 98055 Owner's Name: Merlino Land Development Co., Inc. Phone: (206) 255-5153 Land Use Application Number: LUA14-000568, ECF, SHPL-A, MOD See attached drawing sheet with Post Office Approval: USPS approval stamp and signature Date: 6/10/2014 -------- 1 H : \CE D\Data \Forms-T em plates \Self -He I p Ha nd 0 uts \Pla n n i ng\m ai I boxreq. docx 02/2015 --------------------------------------------------------- DNl7t111M1 • , /I I i"l ~ a! I; lilt ~ ~ . ..-.,y ..J\..,.A 01 f ~ -1 -oJ • .". ~ -'"<. (\ .J -< .... y I~ ~ 11)-:: l! l .f-':> ~ l:- i ~ II o {? ~ \ , ~ ~'~ .. 'I ril I I !I t ! I • i ~ • g ~~ f • " • ,~ro_ I F!!Nt 9'" 9JN!1f~ WID OTT rT II[tOTttI ctt<1IIQ. 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O/CH ~ ex R(XX /.lIED tJIfa{ ~ 1 GRADING DETAIL "-20' h 1\ I \ I \ I \ I \ I "'" I""J \ ""'" fT I I \ \ \ \" '- .-, ~. -.' -';""- ~ z ~ • • DATUM .... Ill BASIS OF BEARINGS ~."." Mate fIC IOIlH UE OF 9€ IIOII1Hf£ST 0UAR1E1I OF SECIIOt 10 1C1r£Dt 11£ rr:lN) MIRtH aJARTfR CUI¥R'" 11£ mAO SCCflflt ~ P(1IIi!"Q)Il) OF SlIIICr I/CCOI'iIJ£D tNER Ar~ /IUtIIJER 2OQJIOIlJ12f(}1)(11J1 BENCHMARKS orr fT /ll1I1ON tIJI/CH!IA/iK IUtlJ£1i' "" 8RASS PIN II CQIICRE/T lICNMNT lOCAICD AT TIC 111C1i5ECTION fT SOVTH 71/f SIRffT ~ IIDIIrM AtCML SQJ/N. £lUAIIOt Jl1i60 (fJ.21011) \, / • -=c;j~f222 1 SCALE: 1" = 40' '" ~ ~ ;; j LEGEND ---------""'--~-irmw~,~.i.j."i,;i~:,~.""'~,:i.ii~ =~ R-382306 IN COMPLIANCE W111{ CITY OF RENTON STANDARDS .y, ~qk !'---lMf!. (, -50-IS- ",---------~~--- § ~ ~ ip l. ~ h. ~ J ~ 1!1 2 ~ ~ > -~ ~ 1!1 2 2 2 ~ ~ ~~! !.l O!: I~ :5 I-. g II:~ ~I-. QCI:: ~~ ~CIj ~~ oq: .... Q~ ~~I~ It ~ ~ .,,----------II WI WI WI 'I I ~ .. ___ SHEET. 1 ~F ",----------~ffi IIp;~~~~ NU:-a~RI 'i" v ::: [:. ,.:: :'.--:.r, "'·'U ';0; Cl , Z ,~ c: :, ~ ;! ~ ~ D , c ~ ~ ~ ~ lli D ~ .i:.I!'j 8~ -,:-'-' ." 8 r€ I in; ~ ~.~ = >, I ~i;: tM " QC N ~ 'n 3 c ,a. !l ~g ~ ,,-... =--= ~L."~.:~.:._.-.:.",-~ ';'{~'~*~;": >;, ?, '. : ,,',::;i ~':.:..JJ!!;j!jt OdK" '!Ji:/Wt ", jj"""'ik June 10,2016 City of Renton 1055 S. Grady Way Renton, W A 98057 Re: LUA14-568-SHPL-A Rigbt-of-Way Monuments CORE Project No. 04139m To Whom It May Concern: ·~~;,!-:j~r"~:,~ .. :;'·~:-;r~ CITY OF RENTON ~:: RECEIVED 'JUN 142016 DEVELOPMENT SERVICES Per the Submittal requirements for Short Plat Recording checklist provided by the City of Renton, Monument Cards are required to be provided as part of the submittal package when permanent right-of- way monuments are set as part of the final short plat. This final short plat proposes no new permanent right-of-way monuments which is consistent with both the approved preliminary short plat and final engineering drawings. Further, this surveyor feels the provided geometry on this short plat, together with the City of Renton right-of-way monuments found on S, 7th street and shown on said short plat, are sufficient to re-establish lot lines should their comers become lost. If you have any questions, feel free to contact me at any time, Sincerely, CORE DESIGN, INC. obert D~West, PLS Senior Project Surveyor • Gaedeke .\i'>i'>OCiatl''', Inl'. • CliYOFRE~,'" REeF" ,.. "UN 1 Wetl,and & Wildlife Sciences 4 20,6 Wildlife Ecology OEVELOPMPi.amlscape Architecture SERVICE, TECHNICAL'MEMORANDUM August 8, 2014 To: Mr. Jimmy Blais, Merlino Land Development Co., Inc. From William 1. Taylor, M.S. Aquatic Scientist Raedeke Associates, Inc. RE: Merlino Short Plat Renton -Standard Stream Study (RAI Project No. 2014-049-001) At your request, this technical memorandum is intended to provide a Standard Stream Study following the Renton Municipal Code (City of Renton 2014a) for two stream channels adjacent to the Merlino Renton Short Plat project in Renton Washington. This assessment is intended to provide a narrative of the stream and surrounding vegetated conditions, and proposed classification of the stream channels adjacent to the site. We visited the project site on August 4,2014 to review the existing stream channel and vegetation conditions. SITE LOCATION The Merlino Renton Short Plat project site consists of two King County Tax Parcels (No.'s 2023059085 and 0007200194) located in the 800 block of Cedar Avenue S., in the City of Renton, King County, Washington. Specifically, the property is located in the northwest quarter of the northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., as depicted on the Site Map and Preliminary Grading and Utility Plan for the project by Core Design, Inc. (2014: attached). SITE DESCRIPTION The project site currently consists of a level graded terrace (Photo I), with adjacent fill slopes graded at 1.75: 1 that extend down to the Interstate 404 right-of-way to the west (see attached Site Map, Core Design, Inc. 2014). The graded terrace is dominated by grasses and various weedy herbs. The graded slopes are vegetated with sapling Douglas- fir (Pseudotsliga men=iesii) and red alder (Alnus rubra), with patches of Himalayan blackberry (Ruhlls armeniacus), snowberry (Symphoricarpos albl/s), giant horsetail (Equiselum lefma/eia), and a variety of grasses. 9510 Stone Avelille N .. Scattle, W A 98103 ~06-525-8122 www.nH.~deke.(:om Mr. Jimmy Blais August 4, 2014 Page 2 • • The two stream channels of interest occur on the parcel directly adjacent and south of the project site, in parcel-9163, owned as public right of way by the Washington State Department of Transportation (WSDOT; see attached Site Map, Core Design, Inc. 2014). The stream channels lie within the north margin of the wooded portion of the WSDOT site and flow east to west parallel to each other. They are tributary to Thunder Hill Creek and confluence with the creek shortly prior to Thunder Hill Creek passing beneath Interstate 405. Thunder Hill Creek then becomes Rolling Hills Creek. which is tributary to Springbrook Creek. No salmonids are expected to occur in Thunder Hill Creek. and likely do not exist in the downstream reaches until much lower in the system, closer to where Rolling Hills Creek joins Springbrook Creek. STREAM NARRATIVE AND CLASSIFICATION The stream channels were previously surveyed and located on the short plat plan layout provided by Core Design, Inc. (Attachment 1). A visual assessment of the site in the vicinity of the stream channels was conducted to: 1. confirm the channel alignments' relative accuracy of location on the site plan. 2. characterize the channel conditions and riparian vegetation, and 3. provide recommended stream classifications for each stream. The two streams are identified as streams B and C, with stream B occurring farther south than stream C. Neither stream channel occurs on the map of Renton Water Classes (Renton 2014b). One site specific past report is that provided by Talasaea Consultants (2005). The Washington Department of Transportation has conducted a stream mitigation planting project in the vicinity of the lower portions of streams B and C (Ross Fenton, WSDOT, pers. comm. August 6. 2014). Both stream B and stream C are very similar in characteristics. The two streams are only approximately 40 to 60 feet apart from each other, share a common riparian corridor of similar composition (Photo 2). are approximately four to five feet in bank full width. and both are incising heavily in the native soils (Photos 3 and 4). The Web Soil Survey (USDA NRCS 2014) indicates the site comprises soils of Alderwood and Kitsap soils. and Beausite gravelly sandy loam. Streams Band C merge prior to joining Thunder Hills Creek (Talasaea 2005). Stream B flows through a previously identified Class 3 wetland (Talasaea 2005) near the terminus of Stream B before joining with Stream C. This wetland was described as palustrine emergent wetland dominated by reed canarygrass (Phalaris anmdinacea) with salmonberry (Rubus spec/abilis) and Himalayan blackberry (Rubus discolor) along its Mr. Jimmy Blais August 4,2014 Page 3 • • perimeter (Talasaea 2005). Soils appeared to contain a layer of sand, apparently eroded outwash from Stream B. Stream B had a very small degree of flow in the channel (approximately 0.25 gallons per minute) during our August 4,2014 site visit, and appears it may remain marginally perennial under normal rainfall years. Because Stream B appears to be a naturally occurring, perennial, non-salmonid bearing feature, it appears to meet the criteria for a Class 3 stream per the City of Renton (2014) code, which requires a 75-foot standard buffer. Stream C originates from a stormwater outfall located at the south end of Cedar A venue S. (Photo 2). Similarly, an apparent accumulation of material eroded from the incising of the stream channel occurs at the base of the slope where the gradient flattens. This area has been revegetated (photo 5) as part of a WSDOT mitigation for replacement of the Thunder Hills Creek culvert 1-405 underpass (Ross Fenton, WSDOT, peTS. comm. August 6, 2014). Occassional high flows may continue to overflow the channel and flow into this planting area, but incision of the channel as it circumvents this mitigation area suggests flows stay largely confined now to the channel. Because Stream C does not appear to exist in historical photographs (Talasaea 2005), and flows directly from discharge from a roadway stormdrain system, is intermittent and non- salmonid-bearing, meets the criteria to be classified as a Class 5 stream under the City of Renton (2014a) code. As such the City of Renton (2014a) has no standard buffer requirements for Stream C .. VEGETATION COVER OF THE STREAM CORRIDORS As part of our site visit on August 4, 2014 we characterized the vegetation of the riparian communities of two streams (Stream B and Stream C) located adjacent to the Merlino property to the south. The drainages are located in proximity to one another, and in general share a riparian corridor. Vegetation in the riparian corridor in the upstream reach is characterized by a deciduous forest canopy dominated by a mixed community of big-leaf maple (Acer macraphyllum. FACU) and balsam poplar (Populus balsamifera, FAC) extending from Cedar Avenue south approximately 200 feet. These trees are approximately 30 to 40 years in age and provide significant shading and temperature moderation (50 to 60 percent canopy coverage) for the streams. Very few juvenile cottonwood and big-leaf maples were observed in the upper reach, suggesting a low level of recruitment. The understory is dominated by dense stand of both native and invasive species including common snowberry (Symphoricarpos albus, F ACU), Himalayan blackberry (Rubus ameniacus, FACU), trailing blackberry (Ruhus ursinus, FACU). sword fern (Polyslichum mllnilum, F ACU) and lady fern (Afhyrium filix-femina, F AC). Mr. Jimmy Blais August 4, 2014 Page 4 • • The composition of the riparian corridor remains consistent in the lower reach, with big- leaf maple and balsam poplar providing significant canopy cover (40 to 50 percent shading) over the two drainages. Trees in the lower reach are approximately 30 to 40 years in age and extend from the property boundary south through the riparian corridor. Snow berry, Himalayan blackberry, and trailing blackberry are the dominate understory vegetation. Reedcanary grass (Pha/aris anmdecea, FACW), herb Robert (Gerani1lm roberfianum, FACU), sword fern, and common velvet grass (Halells lanaflls, FAC) were also observed scattered throughout the lower reach. The forests cover transition to a mixture of deciduous and coniferons trees south of the drainages. A downed balsam poplar of significant size (approximately 4 feet in diameter) was observed across the lower channel of Stream C. Other woody debris is scattered throughout the drainages and riparian corridor, providing abundant habitat opportunities. The lower portion of Stream B flows through a small emergent wetland. The wetland receives hydrology primarily from surface flow and hydrologic connectivity between Streams Band C. At the time of our investigation, the wetland vegetation was primarily reedcanary grass, although some Himalayan blackberry and snowberry were observed along the wetland boundaries. A series of juvenile western arborvitae (Thlya plieafa, F AC) and Oregon grape (Mahonia aq1lajolillm, F ACU) were observed planted at the base of the hill at the southern boundary of the Merlino property, likely as part of the WSDOT stream mitigation planting area (Photo 5). The hillside and most of the parcel have been seeded with a grass mixture for erosion control. ECOLOGICAL FuNCTIONS PROVIDED BY THE STREA.'I1 AND RIPARIAN AREA A/ill POTENTIAL IMPACTS Because the stream channels provide primarily storm event flows or very low base flows to Thunder Hill Creek, very little transport of organic matter or insect prey likely occurs. Existing impacts of sediment transport from continued incision of the channel likely transport sediment to Thunder Hill Creek. The riparian canopy does provide southern exposure shading of the channels adjacent to the creek. This shading will contribute some temperature control during summer storm events; however, flow to Stream C originates from roadway runoff from Cedar Avenue S. and so will be originally warm runoff from the street surface. Very few birds were detected during our field visit, but numerous scat from omnivorous mammals was observed, and the forested area encompassing the streams likely provides habitat for a variety of wild life. The project site is currently level-graded in preparation for building construction, and so no additional grading is planned except for excavation of building sites, construction of the stormdrain system within the western half of Cedar Avenue S., and relocation of part of the existing WSDOT access road (see attached grading plan). Mitigation for these -------------- Mr. Jimmy Blais August 4, 2014 Page 5 • • impacts include erosion control and replanting after site construction and relocations of the road. Because the streams and riparian corridor occur on the adjacent property, no direct impacts to vegetation or trees will occur. It is expected that there will be less stormwater runoff from Cedar Avenue S. to the discharge point at the head of Stream C. In the developed conditions, storm water from the short plat and the west half of Cedar Avenue S will be collected by a proposed storm drain system in the street and drain to a combination detention and water quality vault located in the cul-de-sac on the south end of the project. The vault will discharge to an existing rock lined ditch on the north side of the existing WSDOT access road which heads southwest and until the bottom of the 2: I slope (constructed as part of the 1-405 widening) where it drains north to a Type 2 Catch basin with a bird cage structure. From this point the stormwater drains west into the conveyance system in 1-405 and finally discharges to a WSDOT pond west ofI-405 and east of S 301 Street. . LIMITATIONS We have prepared this report for the exclusive use of Merlino Land Development Co., Inc. and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from Merlino Land Development Co., Inc. The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to streams and wetlands, the final determination of their classification or boundaries for regulatory purposes is the responsibility of the various agencies that regulate development activities in streams and wetlands. We cannot guarantee the outcome of such determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies. We warrant that the work performed conforms to standards generally accepted in our field, and prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponent and their consultants, together with information gathered in the course of the study. No other warranty. expressed or implied, is made. Mr. Jimmy Blais August 4,2014 Page 6 • LITERATURE CITED • Core Design. 2014. Site Map and Preliminary Grading and Utilities Plan, Merlino Short Plat. March 2014. Fenton, Ross. 2014. Personal telephone communication requesting information about the vegetation planting mitigation site adjacent to Merlino Renton Short Plat. WSDOT, Bellevue, WA. August 6, 2014. Renton, City of. 2014a. Renton Municipal Code. Tide IV, Chapter 8-120 -Submirtal Requirements, and Chapter 3-050 -Critical Areas Regulation. Current through Ordinance No. 5719, passed July 14, 2014. Renton, City of. 20 14b. Renton Water Classes Map. City of Renton Municipal Code 4- 3-050 (Q) Maps. Talasaea Consultants. 2005. Wetland study, stream assessment, habitat study, watershed restoration and mitigation plan. Revised 3 October, 2005. U.S.D.A. Natural Resources Conservation Service. 2014. On-line Web Soil Survey. http://websoilsurvey.nrcs.usda.gov. Accessed August 6, 2014. • • Photo 1. View of Merlino Renton Short Plat project s~e existing conditions . The vegetated corridor of Streams Band C is seen at the south end of the site . August 4,2014. Photo 2. Edge of shared canopy covering both Streams Band C through the site, and location of stormdrain outfall origin of Stream C . August 4 ,2014 . Raedok. Associates. Inc. 2014-049·001 Merlino· Renton Photo Plate 1 Augu .t 8.2 014 • • Photo 3. Typical stream bed substrate and incised channel observed in Stream B, with slight flow in channel. August 4 ,2014 . Photo 4. Typical stream bed and incised channel observed in Stream C . August 4 ,2014 . Photo Plate 2 Ra ede ke Associates, In c. 201 4 ·049-001 Mer/ino R e nton Augus t 8.20 14 • • Photo 5. Revegetated area at base of Stream C . Slope from site and WSDOT access road can be seen at upper far left. August 4,2014. Photo Plate 3 Rsedeke Assoc iates , Inc . 2014-049-001 Merlino -Renton August 8.2014 i ! • ,:~ :! ! ? , • • II I .. ~ I I Ii I , .- ·."r~ __ .#'o· ......... -...-,,,,,,, ',,,«7<77 '-." .. t.'''' L ~"'. • ~- !!!P lin' , ,II lilil P 'I - 1':11 ~ ~ , i II I I :1 : I I !!~ " ... "" !~ -, ~:.;,.-.. ... " ..... ".''"'''''"'~ , . ,II , I I I _ J i(,, __ ,r--- :~.--=.:..:;-.-,:.~~ .ij :~. , , ,---, / ill!! ~ !'. I' ni!" ! ji 101 . .1 'i'il P '!ii~ hi, '" iii' lid I - • , ,~ ~ 1. • , ; , , ~ • ~ , ~ 0 • ! ~ • , " ~ 4~ _______ ,'1 I ~'-' • CITY OF RENTO~ DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 29, 2015 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 Clerk's Office Project Name: Merlino Short Plat LUA (file) Number: LUA-14-000568, ECF, SHPL-A CrOSS-References: AKA's: Project Manager: Clark H. Close Acceptance Date: May 14, 2014 Applicant: Jimmy Blais Owner: Contact: PID Number: 2023059085, 0007200194 ERC Determination: DNS-M Date: September 15, 2014 Appeal Period Ends: September 26 2014 Administrative Decision: Approved with Conditions Date: September 19, 2014 Appeal Period Ends: October 3 2014 Public Hearing Date: 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: The applicant is requesting to subdivide two parcels totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area Tract A) in the Residential-8 (R-8) zone, resulting in a density of 1.9 dwelling units per acre. The site is located southwest of the intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The proposed lots would range in size from 6,595 square feet to 7,989 square feet. The proposed lots would be accessed via private driveways from Cedar Ave S. The project site is roughly 1.5 acres in size and is currently covered in grass. The site was mass graded as part of the 1-405 project, so there will be no clearing and minimal grading to construct seven single family lots, storm water vault and associated utilities. One combined detention and water quality treatment vault will be located at the south end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side of Cedar Ave S. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, and landslide hazards. The applicant submitted a Technical Information Report, Geotechnical Engineering Services Critical Areas Report Coal Mine Hazard Assessment and an exc~tion throuqh a waiver under RMC 4-3- a retaining wal protected slope area on Tract A. Placed on hold on July 11, 2014. Taken off hold on August 29, 2014. Location: 801 Cedar Ave S Comments: ERC Determination Types: ONS -Determination of Non-Significance; ONS-M -Determination of Non-Significance-Mitigated; OS -Determination of Significance. ----------------- ADVISORY NOTES TO APPLICANT LUA 14.0·00568.~~~=-~--=: • .=-4 CityOf~ ~~JL®f1iJ Application Date: April 28, 2014 Name: Merlino Short Plat Site Address: Plan· Planning Review Version 1 I September 19, 2014 j "",'i':;!'~: ,,, ,_, ' < J,\~ "'J ',,,:' .,. """1: " ,," l11<,":;' MA,jEt-il" ,":'-!;.,1!Hll!'> ,'" ",IMJirh,·d/ ;<,{ i, "';.:''''';' ,'1 ,:\:, ~~' ,,1>10;1!1 ", )",' ,,!' ".,j' ~" ':) ,'f, ,.d'" ,'1 '" '. "" , "" ,.:, , :" '" , ,'''_ ",'" , , ' -rt.~Qm.ii)utiiW'il)!lryid!ls.B~£'i~~:,9Qmri1"atli'h::!I::il:·."i';;:liil:':;'Ii,',,:,I~:!;:;!I,~9qnta~t.::I!~§H~,.E!e.t!?dtl.'1'~:2~;'~::lq76.619IliE!!it!.<lc.h@rentonwa.gov Recommendations: Environmental Impact Comments: The Parks Mitigation fee is incorrect the applicant is using the outdated SEPA Based fee. Parks mitigation fee should utilize G.MA fee based upon Ordinance 5670. Policy Related Comments: There are no impacts to parks. Code Related Comments: There are no impacts to parks. lit;;;:." '1"" 'i1 3/,j"":, <>! :'!K~:jj!,<".ylll' ~':;Jj;",;;:;jJ;:lt :,":1' ;I~!i/ >'r,~"l'-; 'YhWpiitq;" ;"~f"'~l11!,,,j:< ":;f"j ':"h{ J!1j: .'j' .. ,r,,'''II'i', ~;( '';;':' Y>I/i1';' '.' ",,, ~)'1('1 ",' "',,,,' I, " ,.' ",': 1, "y, "I itE;,HginE!~:f;l~gllR>ey,i~:wiiC:Qm:m~~t~j!!~i!ir!j:;;:;I~Jl!J~ijl;I!~I~j!li:'\W~lir;:l!Jj:::I!iJ!:j:::!!i!!:!;1 :;!t~:,rl(G"Q)n~~~f:!~liVJgKjiG,rOY~f iL~~§490:" 72'91Q ,Y9'fCi)Ver@tenton'w,atgov';1 1 Recommendations: The Applicant should provide a more comprehensive Level 2, quantitative, downstream analysis. According to COR maps. the downstream pond for the proposed site's runoff is a private pond owned by WSOOT. In addition. we are requesting Attachment B Exploration Logs and Attachment C Technical Specifications for the RSS that are part of the Tech Memo created by CDB (Corridor Design Builders) on 8 14 09 for the original WSDOT project and the stream study that was conducted in order to identify the classification of the stream shown on the plans. ''ji : ~'.!"': ,r:'!):"'~ 'j: /1)4 '( "",';',,''.' :~V~j\l 't'!n;;~;*v:;Y': ,I ,;IWltlrr·:;,?',,',' ji':,-''':,:t\\i(1i1';ii';\,~:'~~F '~~," ,\, ':', ',:':,:Jil',,',:n ,:irlr;,II('::":lir/ :~",: 'w"l" ';;':',,'''3' li" ',11' 'i'if ' ''''~_;,:' ,1 ''-.. ",' • ",,1'" " ':J', "t', ~,' ! •. p'.olice, Pla~. R~vJew;GQjj\n1'entj;I:~,,",::''':k,jl:k::i'II:':~i:' ~,":~': ).,":;,,<::cil)!<!~t;'c Cyridie l?arks.I~25'430-7521 I Qparks@rentonwa.gov Recommendations: Minimal impact on police services. approved by the Development Services Division. 2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m .• Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding. or plastic covering as specified in the current King County Surface Water Management Oesign Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's I of this work is i to final and I of the • ... 11 'IJl',jW!'V l!r"I'Qrl j"i'?· .. I·.!1P ''',,', 11-' "'-'''11' .• ).;111.1'''1'' 1"1"1'1"1111'1" .', .11 "·'i!1nj'·::·'1t.· .. ,.I .. ' .. ".·.·."":!:.'I.' " .•.... 1.1lF.'.1Jlllf'·'.""1ll" -"-11( ~-~!I r' '.'.'." ·~·JI'i''!j'W. ,', ,:T;'-(I' il ... ' 'I, !"". " .. '!'. " "I' 'T t '-,.....' • ~:,I:~J~e: R:~vl~.W;I:te]i i_~,iH'r!,Q,~.mLrH~'n(~,1!!.i>:;Jm~!!11!i~;!li:j;;,,!;,:!,~;!;~:\Uli:jt;JI1:1!;;:!l~;;il~ '::CpHfactl:T~~r,~'y,)jtttoht~Sl! 11~~iQ~~Oll70~4:1 g~h"Qm~:ts@rem¢n~a~gqv Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit. Code Related Comments: 1. The fire flow requirement for a single family home is 1.000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3.600 square feet, a minimum of 1 ,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300 feet of the proposed buildings and two hydrants if the fire flow goes up to 1.500 gpm. Existing 4 inch water main cannot provide minimum fire flow requirements and shall be replaced and new hydrants added to meet current code. including 5 inch storz fittings. 2. Fire department apparatus access roadways are required to be minimum 20 feet wide fully paved, with 25 feet inside and 45 feet outside turning radius. Fire access roadways shall be constructed to support a 30 ton vehicle with 322 psi paint loading. Access is required within 150 feet of all points on the buildings. Dead end streets that exceed 150 feet in length require an approved turnaround. An approved 90 foot minimum cui de sac turnaround is required when the roadway exceed 300 feet lonq. ""11 "." ::, " >< ; ,:,,, ,,!~ """f':' :L ~-;; ':11' 'r:'-':"IT,t:',:'i~, ,:''IF(':VV}'',h''-"~',"~r~'h :-",/"r;:;. --li' (1 '} , -'''','''''i ,,:,,''1 i";~', ,,: 1'" , "':. '. \',~-'--:/, ," ,''''-'. "'!', '~-': ,j !li:i:j·ch·nfc;~IJ:$~!rY'il~e,~;IC"ommeHt~K,::i;~i!a!rI~;;;1J1i';~~~3~::,:;::!;'>;:;,;.I~:Il.::!f;i;H::~~~~,:j::c~nt'a~t:J;§9~iM~·c~:niel'I"4,~,~1.430 .. 7.369:'I"bm:~_conJe @rentonwa.,goV": Recommendations: The property at Issue needs to be properly subdivided via a Lot Line Adjustment from that portion of the underlying two parcels reserved by WSDOT in their conveyance to the applicant. This will change the legal description of the property at issue. Ran: June 29, 2015 Page 1 of 3 ADVISORY NOTES TO APPLICANT LUA14~O(j0568: ,'" 'J" • Plan· Planning Review Version 1 I September 19, 2014 l;f~.~h'nic~I'S~~I~~;IG~~iriii~tiilii:rI',:i:::,:i:;;':?;: .I'~;:~i:,;;:iif~f;~;i:; ~~rit~&t:':~6b: Mac6rii~i :~25"430-73.69 ·1·bmacOniEi@re~tonwa.gov Note the City of Renton land use action number and land record number, LUA 14 000566 and LND 20 0602, respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. The legal description on the final short plat will need to be revised to reflect the lot line adjustment required to properly segregate the property at issue from the property reserved by WSDOT by conveyance to the applicant. The dedication of right of way for short subdivisions requires a separate Deed of Dedication; provide a space to the recording number of same on the short plat. The Deed of Dedication document includes both a legal description exhibit and a map exhibit of the dedicated parcel. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an updated Plat Certificate dated within 45 days of approval of said dedication. Talk to the Project Manager if there are questions or further information is needed. 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 to determine how the plat boundary was established. Include a statement of equipment and procedures used, per WAC32 130 100. Provide short plat and 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 city will provide addresses for the proposed lots as soon as possible. Note said addresses on the final short plat drawing. Do note encroachments, if any. Do include a "LEGEND" block for the short plat drawing, detailing any symbols used thereon. Do not include topography and utility infrastructure as they are only part of the initial submittal requirements unless they have a direct influence on the subdivision. Note all easements, covenants and agreements of record on the drawing. Note any relevant researched resources on the short plat submittal. Note the plat name and lot and tract numbers of the adjoining properties or note as "Unplatted.". Remove the building setback lines noted on the final short plat lots. Setbacks will be determined at the time that building permits are issued. The City of Renton Administrator, Public Works Department, is the only city official who signs the final short plat. Provide an appropriate approval block and signature line. Pertinent King County approval blocks also need to be noted on the drawing. All vested owner(s) of the subject final short plat need to sign the final short plat drawing. Include notary blocks as needed. Include a declaration block on the drawing, titled "OWNERS' DECLARATION" not "CERTIFICATION" or other. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the final short plat. The final short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording riumber(s) for the associated document(s) are to be referenced on the final short plat drawing. Provide spaces for the recording numbers thereof. Ran: June 29, 2015 Page 2 of 3 ADVISORY NOTES TO APPLICANT LUA14-000568 . • !,.....:..~ ............ ~ The new easements for the benefit of future owners of the proposed lots each need a note defining the rights associated with the easement at issue. Since these new "proposed" easements shown aren't "granted and conveyed" until the benefited andlor burdened lots are conveyed to others add the following language on the face of the short plat drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new private easements shown on this short plat to any and all future purchasers of the lots, or of any sUbdivisions thereof. This covenant shall run with the land as shown on this short plat. The preceding statement obligates the seller of the lots created to "expressly grant and convey" the lots "together with andlor subject to" delineated on the short I in the document. Ran: June 29, 2915 Page 3 of3 Denis Law Mayor January 13, 2015 • TO WHOM IT MAY CONCERN: Department of Community and Economic Development C.E."Chip·Vincent, Administrator Subject: New Plats and Short Plats in the City of Renton Please see attached new plats, short plats and multi-building developments that have recently been addressed. Some of these have been recorded and I am supplying a list on new parcel numbers with the new addresses. If the plat is not recorded (NRI, I am only giving you the plat map with the new potential addresses written on it. . Please add these addresses to your City directories and maps. 2001 Union Short Plat (NRI NE ih North Short Plat N E i h East Short Plat NE i h West Short Plat· . Avana Trails AKA Fleldbrook Commons Cascade Greens Short Plat (NRI La Rosa Meadows Plat (NRI limelight Short Plat (NRI Maplewood Park East (NRI Merlino Short Plat (NRI Renton 7 Short Plat (NRI Shattuck West Short Plat Stevens Point Short Plat (NRI Whitman Court Townhomes (NRI Sincerely, Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 lI1:platadd 3307~Lord Short Plat (NRI NE 7 North Phase 2 (NRI Ne i h Middle Short Plat NE 24th 3 lot Short Plat (NRI Carpenter Short Plat (NRI Kline Stromberg Short Plat (NRI lim Short Plat (NRI Lund Lotline Adjustment May Creek Court Short Plat (NRI Piper's Bluff Plat (NRI Rylee's Place Plat (NRI Sheldon Short Plat (NRI Woodebridge Lane Plat (NRI ZK 5hort Plat (N RI Renton City Hall • lOSS South Grady Way • Renton, Washington 98057 • rentonwa.gov --~ #.'~ .. .' I I • • I i I I • E1V D I~~== ~=-----,- February 25, 2015 Core No. 04139M Vicki Grover City of Renton 1055 S. Grady Way Renton, Washington 98057 • RE: Merlino Short Plat -Permit U14005777 Review Comment Responses Dear Vicki, We received the City's Plan Review Comments dated February 18,2015 for the above referenced project. We have revised our plans accordingly and are providing you with our responses below in bold/italics. As requested, we are resubmitting the following items. 4 6 4 I 1 Response letter Site plans TIR Redlined plans, TIR CD Engineering Review Comments By Vicki Grover vgrover@rentonwa.gov 1. A separate building permit is required for the vault. Response: A separate building permit will be submitted/or the vault. 2. Response of trees cannot be centered in planter due to conflict with existing utilities; what utilities and why are they not shown? Response: The existing utilities are shown and are now called out on L2.01. The trees that are not centered due to proximity to utilities have been called out as well. 3. Response to including the City's details to sheets C4.32 and C5.31; there is no such sheet as 5.31. Response: Sheet C5.31 was inadvertently left out o/the set and has been included with this submittal. 4. Response to show the storm pipe material to be PVC C900 on the plan sheets was not done. This is only required if the vertical separation requirement cannot be met. I am not able to verify this based on the profiles submitted. Response: Both the plan and the profile show all pipes as LCPE since there is a min 0/1.5' o/vertical separation between the proposed storm and the other utilities at crossings. 5. The storm drain profile is not consistent on sheets C5.01 and C4.01. Please resolve. RECEIV~D FEB 26 ",,'-v,, Vicki Grover • .0 Merlino Short Plat Review Comment Responses Response: The utility profiles are now consistent on sheets C4.01 and C5.01. Page 2 February 25, 2015 6. Please include all utilities on one profile. Vertical separation requirements need to be visible in a profile showing all utilities. Response: All the utilities are shown on one profile, 7. A current topographic survey was not included. Response: The survey shown on each sheet was completed in January 2015. 8. Please be consistent and cleanup each plan sheet to include ALL referenced COR standard details and the sheet numbers the details can be found on. Response: All of the City's standard details have been included in the plan set. 9. Provide drainage measures for the block wall. Response: A 4-inch drain is now shown for the block walL 10. The agreement between Merlino Land Development Company and WSDOT to allow drainage from a private residential development to drain to a WSDOT facility was not included. Response: The agreement has been submitted to the City. 11. See redlined plan sheets and TIR. Response: The comments on the redlined plans and TIR have been completed. 12. Return the redlined plans and TIR with your next submittal. Response: The redlined plans and TIR have been included with this submittaL If you have any questions feel free to contact me at (425) 885-7877. Sincerely, CORE DESIGN, INC. Sheri Murata, P .E. J:\2004\04139M\Documents\Comments\Corespondence\2015-02-18 Review 2\Response Letter.docx ~ PAGE 7 OF 7 ::r.: Washin!!,~on St~te YII Department of Transportation CASH RECEIPT No' 37 No i 38 ; No RefGd/AgylN~JTi/ln ' Gode User Name OOROI'HY MILlER AcctPeriod 1-02/2011 Deposit Date I I' VIE Ind 0 Bank 12£1 Doc. No. 1 CR 411 A00000004721 ; ~'" J FEB 26 :''Ji'i 'Date Entered By XX/XX/XX Approved By ING ~XX DOT Form AM1().005 (Rev, OS/2009) , • • ..... ~~ ..... ==.::.6 Application for Utility Permit or Franchise P81TT11t1Franchlse No. I 19315 Applicant -Please Iprint or type all Information Application is Hereby Made For: l2SI Permit !lSI Category 1 $500.00 o Franchise 0 Amendment 0 Category 2 $300.00 o Franchise Consolidation $300.00 0 Category 3 $150.00 " o Franchise Renewal $250.00 Intended Use of Stat. Right of Way is to Construct. Operate. and Maintain a: Drainage system "nnectlng the WSDOT Exchange Property development with the WSDOTdrainage systel)1 on a portion of State Route 1-405 (aVfrom) Mile Post 3.10 to Mile Post 3.10 In King County. to begin in the Go, Lot 1 (NW) Section 20 Township 23N North: Range 5E WesVEast W.M. and end in the Gov Lot 1 (NW) Section ·20 Township 23N North: Range 5E WesVEast W.M. Fees in the amount f $ SOO are paid to defray the basic administrative expense incident to the processing of this application aecondin to WAC 468·34 and RCW 47.44 and amendments. The applicant further promises to pay additional costs incurred by thE Department on the behalf of the applicant. Checks or! oney Orders are to be made payable to "Washington State Department of Transportation." SR 900 L.L.C., a !\Iashington IimHed liability company ~~~. Applicant (Referred as UUlIty) Applicant AuthorizsignatUre . 9125·1Oth Avenu South Michael J. Merlino Address PrInt or Type Name Seattle WA 98108 Manager City State Zip Code Title (206) 762·9125 Dated this 29th day of June. 2010 Telephone COB MP 3.10 91-2022960 Applicant Reference WO)Number Federal Tex ID or Social Security Number Authorization to Occupy Only If Approved Below The Washington State D partmant of Transportation referred to as the ·Oepartment.~ hereby grants this document (Permit or Franchise as applicable) subJec! to the terms end ccndltions stated In the General Provisions, Special Provisions, and Exhibits attached hereto and by this reference made a part h eof: Construction facilities proposed under this application shall begin within one year and must.be completed within three years from d te of approval. For Department Usa Only Exhibits Attached Department Approval By: ful7J~d1. Title: Date: Jv/~ cJ7. <>2,0/0 , . Expiration Date: RECE\VED FEB 2. Ii 20\5 MS Word sImUlatIon of DOT F "I1I22UII6 EF Clty Of RENTON Curr,nl" of 1G-23-200C) . p\.A.NNING DIVISION ;",,' ?r:,:·"~:::,,','~'.:,.;\:-,<')6~ii::~~,)'~',~~,li~~M',~,}!E~£:',?:~~'~'~'1~::';;~~,r',;~~",I,!~t!j!~~!~9,;:~f~~~~~~JJ,t~~f;f~",,~;fJ',~~~,',"i~~;II~~ Wlfl GENERALCOtITFtflCTlNG (206)762,9125 F,\X(206)76H176 ' ~~_"'O1,.50,0123 , ,' . -;, _ r" ,;-.~: ~ ;' ".: ~ ,,;;,~t{t-/, y{.~.\ .:; .', ;,,! ;, ~. . ~ t:~<~--<::.:.;;~, {.'. -->~-~ .. ,_~, '/ .... ;~g~~{,::'VJ %l)()r: ,,' ORDER,,">,' " ;,F~:~:/~?I~;,' ':; . 0.' ·~!;.;T -, . :.' '" < "- .. ",.--," .0",.' :,,,~~ j,-,f:.. I II' 500 ~ 2 '3 11' " 1:0"l2"l0I,ssl,l: ~sOO"l?031,"lBOII' ---•• -.. -~¥ .- ., RECEIVED FEB 26 2015 CITY OF RENTON PLANNING DIVISION ( • • • • I 1-405 Renton Stage 2 Design Build WSDOT Contract No: 7624 Defoor Property Reinforced Soil Slope Geotechnical Design Calculations July 2, 2009 Denis Law Mayor" , bctober 6,2014 Community & Economic Development Department , 'C.E:Chip"Vincent;Admjnistrator ' -' .. Jimmy Blais ", , , MerlinoLa~d Develcip;nent Co., Inc: , '. rt"'· . :. " 5050 lAve, Ste. 102 ' .. .. ". '. '. , Seattle, WA 98134 SUBJEct: Merlino Short Plat " ' , , .. LUA 14-00056S;,ECF, SHPL-A, •. " Dear Mr. Blais: ,This letter is to inform you that the appeal period ended 'on October 3, 2014 for the Administrative,Short Platapproitai. No. appeals were' filed, therefore,'this decisi~n is final and" ,you may, p.roce~d with the next stepaf the short 'plat process. The enclosed handou(titled Short Plat Recording,pmvides detailedinfo'rmation,for this process." " .'. -',:. ...., '. . ' . '. . .' . TheadviSOrynot~s" and conditions listed in the City ofRe~t6n Report' &. Decision dated September 15, 2014, must be satisfied before ·t'h~short plat ca~ ,be recorded:. In aqdition;, ' , comments receive'd from the Technical Services Department hi regard to the final plat submittaL are beingforwardedfor your consideration. These c~mments will guide'You in the preparation' oUhe'short platior recording.' ' ',' " ' :' Furthermore; the Administrative Short Plat decision will expire two (2)'years'from the date of ,approval. If you are unable to' file for recording ,within the two-year ~ime-frame, a single one (1) year~xtensionmay be requested in writing,pursuant to' RMC 4-7-070. For questions regarding', , ',filing for recording oLyourshort plat, as weli as forsubmittingrevisedp!ans, youmaycontad ,," 'Carrie Olson at (425) 430-7235. "'" '.' , ', .. ,If you have, any questions ~egaraing the report and decision ,issued for this short pl~t proposal, . ., please call meat (425) 430,7289. ' ", ',' " , 'Sincerely, '//J' " ' /~' ," " , ' ~1.J, Of.j.; ~~. ,", , Clark H. Close " AssociatePlanrier . , ":.": . .: ,.' " ' E'ndosur~~: Ad'm'i~istrative"Sh~rt P'I~t Decision, ;-~c~nical'seryices co~me-nts: ~h~~ PI~t, Rec'or~in~.SUbm~tti!ll Requirements' .' .' Ct;: Lafe Hermans!=!n \ Conta'ct . , . Party(ies) 'of Record :Reriton City Hall _ :1055 S~uth Grady Way -Renton,Washington98057 ; ,rentonwa.gov . .. . _. ' .. City of Renton Department of Community & .miC Development MERLINO SHORT PIA T Report of September 15, 2014 G. DECISION: aironmentalReview Committee Report LUA14.IJ00568, EeF, SHPL-A, MOD . Page 17 0118 The Merlino ShortPlat and Exception through Modification, File No. LUA14-000568; ECF, SHPl-A, MOD is approved subject to meeting the following mitigation measures: 1. The applicant shall comply with the SEPA mitigation measures. They are asfolloii.ts: a. Project is subject to both Icicle Creek Engineers Inc., Geotecfmical Engineering Services Reports, dated April 23, 2014, including but not limited to: i. The applicant shall be required to record on the face of the short plat plan that the rear yard building setback, for all structures, shall be a minimum dista'riceof25 feet from the. Engineered Protected Slope along the west property lin.es of all seven lots. ii. The applicant shall be required to record on the face of the short plat plan·that the side yard building setback from the portion ofthe engiheered fill slope area to the north of lot 1 and to the south of lot 7 shall be 10 feet for all structures. iii. The applicant shall be required to slightly berm/grade the west edge of the plateau at the crest of the Engineered Slope to prevent surface water runoff onto the slope from the plateau. 2. The applicant shall make a note on the face of the short plat that states.that the Reinforced Soil Slope (RSS) was evaluated for slope stability for residences (typical two-story, wood-frame construction) only. Additional structures should be evaluated for slope stability. 3, Copies of Washington State Department ofTransportation's (WSDOT) Inspector Daily Reports and all material testing reports from the original project are required to be submitted with the. civil plans. 4. A current topographic survey, stamped by a Professional Land Surveyor, will be required to be submitted with the ciVil plans. 5. No vegetation in the protected slope area~ should be cut down or otherwise removed during construction of the short plat improvements, other than those directly tied to the construction of the cul-de-sac road improvements. 6. The applicant shall be required to create a Homeowners' Association (HOA) with shared responsibility for basic tree and vegetation maintenance of Native Growth Protection Easement over portions of Tract A, including protected slopes. A draft of the document(s) shall be submitted to the Current Planning Project Managerfor review and approval prior to the recording of the short' plat. 7. A wood, split-rail fence shall be constructed along the south boundary of Category 3 stream buffer. The fence shall be. constructed prior to recording the short plat. A requirement to maintain the fence bya Homeowners' Association shall'be placed on the face of the short plat, . DECISION ON LAND USE ACTION: SIGNATURE: Je~!~n[~~:~: Department 0/ Community & Economic Development ERC and Short Plat Report -Merlino Short Plat • • PLAN REVIEW COMMENTS (LUA14-000568) PLAN ADDRESS: APPLICATION DATE: 04/28/2014 DESCRIPTION: The applicant is requesting to subdivide two parcels totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area Tract A) in the Residential-8 (R-8) zone, resulting in a density of 1.9 dwelling units per acre. The site is located southwest of the intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The proposed lots would range in size from 6,595 square feet to 7,989 square feet. The proposed lots would be accessed via private driveways from Cedar Ave S. The project site is roughly 1.5 acres in size and is currently covered in grass. The site was mass graded as part of the 1-405 project, so there will be no clearing and minimal grading to construct seven single family lots, stormwater vault and associated utilities. One combined detention and water quality treatment vault will be located at the south end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side of Cedar Ave S. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, and landslide hazards. The applicant submitted a Technical Information Report, Geotechnical ngineering Services Critical Areas Report, Coal Mine Hazard Assessment, and an exception through a waiver under RMC 4-3-050J.5.d for the placement of a wedge-shaped sliver fill and part of a retaining wall within the protected slope area on proposed Tract A. Technical Services Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Recommendations: The property at issue needs to be properly subdivided via a Lot Line Adjustment from that portion of the underlying two parcels reserved by WSDOT in their conveyance to the applicant. This will change the legal description of the property at issue. Note the City of Renton land use action number and land record number, LUA14-000568 and LND-20-0602, respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. The legal description on the final short plat will need to be revised to reflect the lot line adjustment required to properly segregate the property at issue from the property reserved by WSDOT by ~onveyance to the applicant. The dedication of right of way for short subdivisions requires a separate Deed of Dedication; provide a space to the recording number of same on the short plat. The Deed of Dedication document includes both a legal description exhibit and a map exhibit of the dedicated parcel. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an • • updated Plat Certificate dated within 45 days of approval of said dedication. Talk to the Project Manager if there are questions or further information is needed. 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 to determine how the plat boundary was established. Include a statement of equipment and procedures used, per WAC32-130-100. Provide short plat and 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 city will provide addresses for the proposed lots as soon as possible. Note said addresses on the final short plat drawing. Do note encroachments, if any. Do include a "LEGEND" block for the short plat drawing, detailing any symbols used thereon. Do not include topography and utility infrastructure as they are only part of the initial submittal requirements unless they have a direct influence on the subdivision. Note all easements, covenants and agreements of record on the drawing. Note any relevant researched resources on the short plat submittal. Note the plat name and lot and tract numbers of the adjoining properties or note as "Unplatted." Remove the building setback lines noted on the final short plat lots. Setbacks will be determined at the time that building permits are issued. The City of Renton Administrator, Public Works Department, is the only city official who signs the final short plat. Provide an appropriate approval block and signature line. Pertinent King . County approval blocks also need to be noted on the drawing. All vested owner(s) of the subject final short plat need to sign the final short plat drawing. Include notary blocks as needed. Include a declaration block on the drawing, titled "OWNERS' DECLARATION" not "CERTIFICATION" or other. • • Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the final short plat. The final short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the final short plat drawing. Provide spaces for the recording numbers thereof. The new easements for the benefit offuture owners ofthe proposed lots each need a note defining the rights associated with the easement at issue. Since these new "proposed" easements shown aren't "granted and conveyed" until the benefited and/or burdened lots are conveyed to others add the following language on the face of the short plat drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new private easements shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. The preceding statement obligates the seller of the lots created to "expressly grant and convey" the lots "together with and/or s~bject to" any new private easements delineated on the short plat in the conveying document. OTHER: Include the addresses document in PLAN>Documents>Attachments with the comments. ! • "'.""' •• ""'.'1 -T m!!!10 •••. lill ~~ . ~ 111;--1111 o~ I o z I l ~!l! iii' I I--.. --/ m' n II ~ I I ... II I . ~i ~ / ., I ! I A • L -·~);~~~~~~·~~~==T:fl~~~rf~~ {J : I I I I I I I I I I I . I I I · , Agencies Jim Blais, Merlino Land Development Lafe Hermansen Parties of Record (Signature of Sender): STATE OF WASHINGTON See Attached Contact Owner See Attached "",\\\\1\ 1\ I, ,.,--"'0'" II/ I .$' -.{,.. 'v'~"" I, ) SS ~ ~'v~'''''\\\'''''' . rlS\ 'II COUNTY OF KING) f Pit 01::~" \ ., ~ oW 1\"/ ~ ~ .-~ ; I certify that I know or have satisfactory evidence that Sabrina Mirante ~ 1" ; ~ J ~ ~ signed this instrument and acknowledged it to be his/her/their free and voluntary act'~~"us§~~.~r&~s mentioned in the instrument. 1IIIf ""';'''"'''''''''<11' ~~ .::;:- II/ OF W,,-:; ~, Dated: ~grlt...£<,< 15> dOll( ] '1 ,""" "\\\\.\\\\,,,:..' Notary (print):_-'--__ ~I':l-O"", ~,"-'Lv-\-s...!: ....... l?'""w"-.,=~~.:....:/~I~.,-D-I ~------- My appointment expires: /"t' v.~,.. oL ( Q{ I Merlino Short Plat LUA140·000568, ECF, SHPL·A template -affidavit of service by mailing • Dept. of Ecology" Environmental Review Section PO 80x47703 Olympia, WA 98504-7703 WSDOT Northwest Region· Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers '" Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers ... Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 seattle, WA 98124-4018 • • AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -larry Fisher' 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 Duwamish Tribal Office '" 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division· Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Kathy Johnson, 355110'" Ave NE Mailstop EST 11 W Bellevue, WA 98004 Muckleshoot Indian Tribe Fisheries Dept .• Attn: Karen Walter or SEPA Reviewer 39015 -172"" Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program· Attn: Ms Melissa Calvert 39015 172"" Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation· Attn: Gretchen Kaehler PO Box 48343 Olympia, WA 98504-8343 City of Kent Attn: Jack Pace Acting Community Dev. Director 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Steve Lancaster, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 "'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. ··Oepartment 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: sepacenter@dnr.wa.gov template -affidavit of service by mailing r Iili!lllIii'_IiJmI __ • ___ ....... !!".~ Jim Blais. ' Gina Custer Nancy Osborn Merlit,o Land Development Co 1209 S 7th St 4635 Morris Ave S, #F 5050 1st Ave, 102 Renton. WA 98057 Renton. WA 98055 Seattle. WA 98134 1~liiil.illlIlIIill!mlUi!lm .. _miIlllmM Lafe Hermansen Core Design 14711 NE 29th PI, 101 Bellevue. WA 98007 . " \' • • -# r;~ City of,~. ,_ - OF ENVIRONMENTAL DETERMINATION ISSUANCE Of A DETERMINATION OF NONSlGNlflCANCE _ MtTtCiATED lDNS-MJ PCInEO TO NOON I/<fTEI\£nttIl"EfISONS Of Nl OM~DN"'OOAl. ACTION CERTIFICATION I, ClA'r<t1'-fh 0..0s.z-. hereby certify that "3 copies ofthe above document were posted in ~ conspicuous places or nearby the described property on Date: __ "tw./...!..IL,9'!-1I/+-,'I_~ __ Signed:~~,=:£:~"j(~{(..f:tZn.~====--___ _ STATE OF WASHINGTON SS COUNTY OF KING I certify that I know or have satisfactory evidence that C( <trlc ti, C/" se signed this instrument and acknowledged it to be his/her/their free and voluntary act for the ~~~~~~;~1;,~~ mentioned in the instrument. blic in and for the State of Washington Notary (print):_---IH..ublWl.ub4-_1'..I....'.OWtJd£.J:,.e6~ _____ _ My a p poi nt m ent exp i res :_--l:.A:lLI,-'I!-'f-\'I,~<.dJ=--..l.d-41r-.>li1;.,!D~('-l'tL-___ _ V ) ,'I'" .,' Department of Commuat and Economic Developme:~ NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITIEE AND PUBLIC HEARING RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non-Significance Mitigated (DNS-M) for the following project under the authority of the Renton municipal code. Merlino Short Plat LUA14-000568 Location: 700-800 Block of Cedar Ave S. The applicant is requesting SEPA Environmental Review, Short Plat approval and Exception through Modification for 7 residential lots suitable for residential development. The 3.69-acre site (2 parcels) is located within the R-8 zone. Access to the site will be provided via half street road improvements to Cedar Ave S. A combined detention and water quality treatment vault will be located at the south end of CedarAve S in the cul-de-sac. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, seismic, and landslide hazards. An exception through modification under RMC 4-3-050J.5.d for placement of a wedge-shaped sliver fill and retaining wall on the protected slope is need for the required cul-de-sac. Appeals of the DNS-M must be filed in writing on or before 5:00 p.m. on October 3, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, 1055 S 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. Publication Date:September 19,2014 ,Denis Law M,ayor: . ',. .... " September 18, 2014 , Community & Economic Development De'partm,ent ", ", 'C.E."Chip·Vincent,Administrator ' r-.. -----,.,---'- I Jim Blais , Merlino Limd DevelopmentC()" Inc. , 5050 lstAiie~Ste. 102 Seattle, WA' 98134 i~· I I : ',I ___ ..,-__ --~_- , " SUBJECT:", ENViRONMENTAL (SEPAlTHRESHOlD DETERMINATION Merlino Short Plat, LlJAi4~000568, EeF, SHPL-A ' ' .... " .' -' Dear Jim Blais: ,'; Thisle~te~ iswritten'~nbehalf of the Environmental R~viewComniittee(EiK) to advis~ , , you that they have completed their review of thesubject project a~d 'ha;'~ issued a' , threshold Deterll1,ination of Non~SignifiCance:MitigateiwithMitigation Measures.', PleasE! Tefer to the enclosed ERC Report, for a list oftheMitigation Measures~ -. . ". ., ' .. '. . . ,Appeals oftheenilironmen~al determiniitionmust be filed in writing on or before 5:00 " ~ p.m. on October 3, 2014,together with'the requirea fee ~ith: Hea'ringEx<llTliner, City of " ,Rento~, 1055 South'GradyWaY"R~nton;WA 98057. "Appeals ,to the Examinerare ' ' go~erned by RMC 4:8~110 and information regarding the app~al process rilayb~ obtainedJromthe City Clerk's Office, (425f430~65io." ' ' . ,', ' .. " .If the Enviro'nmental Deterrrliriation is appealed, a public hearing date' will beset and all • , ,parties notified. ". . . . ". ,.,' ' '" ,,' ,If you have any further questions, please call me at (425) 430'·7289. .' ,..",., . ' •. ,F~rtl1e Enviro~me~taIReviewtommittee; ~!J~ , ClarkH.Close'.' Associate Planner' . Enclosure : ,'. cc: La!e Hermanson / Applicant' , 'Gina Custer, Nancy Osborn I Party(ies) o{ Record" Renton CityHall • 1055 South GiadyWay .. Renton,Washington 98057 • rentonwa.gov ,-., . , . -. Denis Law Mayor " • September 18, 2014 Community & Economic Development Department , . CE,"Chip"Vincent, Adminisi'rator . . '"-'" , • . Washington State , ' Department of Ecology" Environmental Review Section PO Box 47703. Olympia, WI'. 98504-770~ " 'Subject: 'ENVIRON,MENTALISEPAI THRESHOLD DETERMINATION, , Transmitted her'ewith is a ~oj:ly ofthe Environmental Determination for the following, prpject reviewed by the Environmental'Re~iew Committee (ERC) ~nS~ptember'15, "2014: ' SEPA DETERMINATION:Determinati~no{Non-Significance Mitigated (DNSM) Merlino Short Plat PROJECT NAME: 'PROJECT NUMBER: , ,LUA14-000568, ECF, SHPL-A Appeals of the environmental determination must beJiled in writing on or before 5:00 ~p.m. on October 3,. 2014; together with the required fee ~ith:~ear;'ng Examiner,' city of Renton, 1055 South Grady Way, Renton, iNA 98057, Appeals'to the Examin'er are ' governed by RMC 4-8;110 ahd informatio~regarding the appeal pr6cess may be obtained from theCityClerk's Office, (425) 430:65to: " , Pleaseref~r to the enclosed Notice of'Environmental Determination'for complete d~tails.lf yquhave questions; ple~se call me at (425)430-7289. ' For the Environ,mental Review Committee,' Clark H. Close Assistant,Planner Enclosure cc: King,CountY Wastewater Treatment Oivision Boyd Powers, Departr.nent of Natural Resources . Karen Walter, Fish~ries, Muckleshoot Ind.ian Tribe .. Melissa Calvert, MuckJeshoot.Cultu,ral Resources Program Gretch~n Kaehler, Office of Ar'chaeology & Historic.Preservation Ramin pazooki/W~DOT, N.W Region . Larry Fisher, WDFW Duwa"niish Triba-I Office US Army Corp. of Engineers Henton City Hall. 1055 South GradyWay, .'.Renton;Washington98057 • rentonwa.gov, • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL {SEPAl DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: LUA14-000568 APPLICANT: Jim Blais PROJECT NAME: Merlino Short Plat PROJECT DESCRIPTION: The applicant is requesting to subdivide two parcels totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area Tract A) in the Residential-8 (R-8) zone, resulting in a density of 1.9 dwelling units per acre. The site is located southwest of the intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The proposed lots would range in size from 6,595 square feet to 7,989 square feet. The proposed lots would be accessed via private driveways from Cedar Ave S. The project site is roughly 1.5 acres in size and is currently covered in grass. The site was mass graded as part of the 1-405 project, so there will be no clearing and minimal grading to construct seven single family lots, stormwater vault and associated utilities. One combined detention and water quality treatment vault will be located at the south end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side of Cedar Ave S. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, and landslide hazards. The applicant submitted a Technical Information Report, Geotechnical Engineering Services Critical Areas Report, Coal Mine Hazard Assessment, and an exception through a waiver under RMC 4-3-050J.5.d for the placement of a wedge-shaped sliver fill and part of a retaining wall within the protected slope area on proposed Tract A. PROJECT LOCATION: 700-800 Block of Cedar Ave S 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 ef the envirenmental determinatien must be filed in writing en er before 5:00 p.m. en October 3, 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) 430-6SlO. • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: September 19. 2014 September 15. 2014 Date Fire & Emergency Services G£V,~,. :;:;,d, Department of Community & Economic Development Date Date DEPARTMENT OF COrlUNITY AND ECONOMIC DEVELOPMENT • -. ---------1P{~illi~@Iffi e DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA14-000S68, ECF, SHPL-A, MOD APPLICANT: Jim Blais, Merlino Land Development PROJECT NAME: Merlino Short Plat PROJECT DESCRIPTION: The applicant is requesting to subdivide two parcels totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area Tract A) in the Residential-8 (R-8) zone, resulting in a density of 6.86 dwelling units per net acre. The site is located southwest of the intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The proposed lots would range in size from 6,S9S sf to 7,989 sf, and would be accessed via private driveways from Cedar Avenue South. The project site is roughly 1.S acres in size and is currently covered in grass. The site was mass graded as part of the 1-40S widening project, so there will be minimal grading to construct seven single family lots, stormwater vault and associated utilities, and no clearing. One combined detention and water quality treatment vault will be located at the south end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side of Cedar Ave S. The site contains sensitive areas,. such as coal mine hazards, erosion hazards, steep slopes, and landslide hazards. The applicant submitted a Technical Information Report, Geotechnical Engineering Services Critical Areas Report, Coal Mine Hazard Assessment, and an exception through a waiver under RMC 4-3-0S0J.S.d for the placement of a wedge-shaped sliver fill and part of a retaining wall within the protected slope area on proposed Tract A. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 700-800 Block of Cedar Ave S The City of Renton Department of Community & Economic Development Planning Division 1. Project is subject to both Icicle Creek Engineers Inc., Geotechnical Engineering Services Reports, dated April 23, 2014, including but not limited to: a. The applicant shall be required to record on the face of the final plat plan that the rear yard building setback, for all structures, shall be a minimum distance of 25 feet from the Engineered Protected Slope along the west property lines of all seven lots. b. The applicant shall be required to record on the face of the final plat plan that the side yard building setback from the portion of the engineered fill slope area to the north of Lot 1 and to the south of Lot 7 shall be 10 feet for all structures. -------------------------------------- • • c. The applicant shall be required to slightly berm/grade the west edge of the plateau at the crest of the Engineered Slope to prevent surface water runoff onto the slope from the plateau. 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. Community Services Review Leslie Betlach Ph: 425·430·6619 email: LBetlach@rentonwa.gov Recommendations: Environmental Impact Comments: The Parks Mitigation fee is incorrect· the applicant is using the outdated SEPA-Based fee. Parks mitigation fee should utilize G.M.A. fee based upon Ordinance 5670. Policy-Related Comments: There are no impacts to parks. Code-Related Comments: There are no impacts to parks. Engineering Review Vicki Grover Ph: 425-430-7291 email: vgrover@rentonwa.gov Recommendations: The Applicant should provide a more comprehensive Level 2, quantitative, downstream analysis. According to COR maps, the downstream pond for the proposed site's runoff is a private pond owned by WSDOT. In addition, we are requesting Attachment B -Exploration Logs and Attachment C -Technical Specifications for the RSS that are part of the Tech Memo created by CDB (Corridor Design Builders) on 8-14-09 for the original WSDOT project and the stream study that was conducted in order to identify the classification of the stream shown on the plans. Planning Review Clark Close Ph: 425-430-7289 email: cclose@rentonwa.gov Recommendations: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. Technical Services Bob MacOnie Ph: 425-430-7369 email: bmaconie@renlonwa.gov Recommendations: The property at issue needs to be properly 'subdivided via a Lot Line Adjustment from that portion of the underlying two parcels reserved by WSDOT in their conveyance to the applicant. This will change the legal description of the property at issue. Note the City of Renton land use action number and land record number, LUA14-000568 and LND-20-0602, respectively, on the final ERe Mitigation Measures and Advisory Notes Page 2 of 5 • • short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. The legal description on the final short plat will need to be revised to reflect the lot line adjustment required to properly segregate the property at issue from the property reserved by WSDOT by conveyance to the applicant. The dedication of right of way for short subdivisions requires a separate Deed of Dedication; provide a space to the recording number of same on the short plat. The Deed of Dedication document include's both a legal description exhibit and a map exhibit of the dedicated parcel. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an updated Plat Certificate dated within 45 days of approval of said dedication. Talk to the Project Manager if there are questions or further information is needed. 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 to determine how the plat boundary was established. Include a statement of equipment and procedures used, per WAC32-130-100. Provide short plat and 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 city will provide addresses for the proposed lots as soon as possible. Note said addresses on the final short plat drawing. Do note encroachments, if any. Do include a "LEGEND" block for the short plat drawing, detailing any symbols used thereon. Do not include topography and utility infrastructure as they are only part of the initial submittal requirements unless they have a direct influence on the subdivision. Note all easements, covenants and agreements of record on the drawing. Note any relevant researched resources on the short plat submittal. Note the plat name and lot and tract numbers of the adjoining properties or note as "Unplatted." Remove the building setback lines noted on the final short plat lots. Setbacks will be determined at the time that building permits are issued. ERe Mitigation Measures and Advisory Notes Page 3 of 5 • • The City of Renton Administrator, Public Works Department, is the only city official who signs the final short plat. Provide an appropriate approval block and signature line. Pertinent King County approval blocks also need to be noted on the drawing. All vested owner(s) of the subject final short plat need to sign the final short plat drawing. Include notary blocks as needed. Include a declaration block on the drawing, titled "OWNERS' DECLARATION" not "CERTIFICATION" or other. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the final short plat. The final short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the final short plat drawing. Provide spaces for the recording numbers thereof. The new easements for the benefit of future owners of the propo~ed lots each need a note defining the rights associated with the easement at issue. Since these new "proposed" easements shown aren't "granted and conveyed" until the benefited and/or burdened lots are conveyed to others add the following language on the face of the short plat drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new private easements shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. The preceding statement obligates the seller of the lots created to "expressly grant and convey" the lots "together with and/or subject to" any new private easements delineated on the short plat in the conveying document. ERC Mitigation Measure Created On: 05/13/2014 Reviewer Comments Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Created On: 06/0212014 Include the addresses document in PLAN>Documents>Attachments with the comments . . Fire Review -Building Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. Existing 4-inch water main cannot provide minimum fire flow requirements and shall be replaced and new hydrants added to meet current code, including 5-inch storz fittings. 2. Fire department apparatus access roadways are required to be minimum 20-feet wide fully paved, with 25-feet inside and 45-feet outside turning radius. Fire access roadways shall be constructed to support a 3D-ton vehicle with 322-psi point loading. Access is required within 150-feet of all points on the buildings. Dead end streets that exceed 150-feet in length require an ERe Mitigation Measures and AdviSOry Notes Page 4 of 5 • • approved turnaround. An approved 90-foot minimum cul-de-sac turnaround is required when the roadway exceed 300-feet long. Police Review Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.gov Recommendations: Minimal impact on police services. ERe Mitigation Measures and Advisory Notes Page 5 of 5 • • OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL AcrJON PROJECT NAME: PROJECT NUMBER: LOCATION: DESCRIPTION: Merlino Short Plat LUA14'()OOS68. ECF, SHPL-A, MOD 700-800 Block of Cedar Ave 5 THE APPLICANT IS REQUESTING TO SUBDIVIDE TWO PARCELS TOTALING APPROXIMATELY 160,943 SQUARE FEET (3.69 ACRES) INTO SEVEN SINGLE FAMilY LOTS AND ONE TRACT (CRITICAL AREA TRACT AI IN THE RESIDENTIAl-8 (R-B) ZONE, RESUlTING IN A DENSITY OF 6.86 DWELLING UNITS PER NET ACRE. THE SITE IS LOCATED SOUTHWEST OF THE INTERSECTION OF SOUTH 7TH STREET AND CEDAR AVENUE SOUTH IN RENTON, WASHINGTON. THE PROPOSED lOTS WOULD RANGE IN SIZE FROM 6,595 SF TO 7,989 SF, AND WOULD BE ACCESSED VIA PRIVATE DRIVEWAYS FROM CEDAR AVENUE SOUTH. THE PROJECT SITE IS ROUGHLY 1.5 ACRES IN SIZE AND IS CURRENTLY COVERED IN GRASS. THE SITE WAS MASS GRADED AS PART OF THE 1-405 WIDENING PROJECT, 50 THERE WILL BE MINIMAL GRADING TO CONSTRUCT SEVEN SINGLE FAMILY LOTS, STORMWATER VAULT AND ASSOCIATED UTILITIES, AND NO CLEARING. ONE COMBINED DETENTION AND WATER QUALITY TREATMENT VAULT WILL BE LOCATED AT THE SOUTH END OF CEDAR AVE 5 IN THE CUL·DE·SAC. HALF STREET FRONTAGE IMPROVEMENTS WILL BE CONSTRUCTED ON THE WEST SIDE OF CEDAR AVE s. THE SITE CONTAINS SENsmVE AREAS, SUCH AS COAL MINE HAZARDS, EROSION HAZARDS, STEEP SLOPES, AND LANDSLIDE HAZARDS. THE APPLICANT SUBMITTED A TECHNICAL INFORMATION REPORT, GEOTECHNICAL ENGINEERING SERVlCES CRITICAL AREAS REPORT, COAL MINE HAZARD ASSESSMENT, AND AN EXCEPTION THROUGH A WAIVER UNDER RMC 4-3· 050J.S.D FOR THE PLACEMENT OF A WEDGE·SHAPED SLIVER FilL AND PART OF A RETAINING WAU WITHIN THE PROTECTED SLOPE AREA ON PROPOSED TRACT A. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERe) HAS DETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be filed In writing on or before 5:00 p.m. on October 3, 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 4-8-110 and Information regarding the appeal process may be obtained from the Renton City CJerk's Office, (425) 430·6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACTTHE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION, DEPARTMENT OF COMMUNfv AND ECONOMIC DEVELOPMENT ENVIRON.MENTAL REVIEW COMMITTEE REPORT AND ADMINISTRATIVE SHORT PLAT REPORT & DECISION ERC MEETING DATE: Project Name: Project Number: Project Manager: Owner/ Applicant: Contoct: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION: September 15, 2014 Merlino Short Plat LUA14-000s68, ECF, SHPL-A, MOD Clark H. Close, Associate Planner Jim Blais, Merlino Land Development Co., Inc., 50501" Ave Ste 102, Seattle, WA 98134-2400 Lafe Hermansen, Core Design, Inc. 14711 NE 29 th Place, Ste 101, Bellevue, WA 98007 700-800 Block of Cedar Avenue South / PID 202305-9085 and 000720-0194 The applicant is requesting to subdivide two parcels totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area Tract A) in the Residential-8 (R-8) zone, resulting in a density of 6.86 dwelling units per net acre. The site is located southwest of the intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The proposed lots would range in size from 6,595 sf to 7,989 sf, and 'would be accessed via private driveways from Cedar Avenue South. The project site is roughly 1.5 acres in size and is currently covered in grass. The site was mass graded as part of the 1-405 widening project, so there will be minimal grading to construct seven single family lots, stormwater vault and associated utilities, and no clearing. One combined detention and water quality treatment vault will be located at the south end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side of Cedar Ave S. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, and landslide hazards. The applicant submitted a Technical Information Report, Geotechnical Engineering Services Critical Areas Report, Coal Mine Hazard Assessment, and an exception through a waiver under RMC 4-3-0s0J.5.d for the placement of a wedge- shaped sliver fill and part of a retaining wall within the protected slope area on proposed Tract A. 3.69 acres Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (DNS-MI. ------------------- Project Locatian Map City of Renton Department of Community & .0miC Development MERLINO SHORT PLAT ~vironmentol Review Committee Report LUAl4-000568, EeF, SHPL-A, MOO Report of September 15, 2014 Page 2 of 18 PART ONE: PROJECT DESCRIPTION / BACKGROUND A. EXHIBITS: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 ERC Report Merlino Short Plat Site Plan Existing Conditions Grading and Utility Plan Landscaping Plan Icicle Creek Engineers, Inc. Geotechnical Engineering Services, Critical Areas Report (dated April 23, 2014) Icicle Creek Engineers, Inc. Geotechnical Engineering Services, Coal Mine Hazard Assessment (dated April 23, 2014) Preliminary Technical Information Report prepared by Core Design Inc. (dated April 18, 2014) Associated Earth Sciences Inc. (AESI) Contract Agreement Associated Earth Sciences Inc. (AESI) Secondary Review Report (dated June 30, 2014) Icicle Creek Engineers, Inc. Geotechnical, Geologic and Environmental Services Response to AESI Secondary Review Comments (dated August 6, 2014) Raedeke Associates, Inc. Technical Memorandum, Standard Stream Study (dated August 8, 2014) Muckleshoot Tribe Email: Walter Public Comment Email: Custer Advisory Notes to Applicant B. GENERAL INFORMATION: 1. Owner(s) of Record: Jim Blais, Merlino Land Development Co., Inc., 5050 1" Ave Ste 102, Seattle, WA 98134-2400 2. Zoning Designation: Residential-S dulac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RS) 4. Existing Site Use: Vacant Residential 5. Neighborhood Characteristics: Location Parcel No. Address Land Use Zoning Site 000720-0194 700-S00 Block of Residential Single Family Residential-S 202305-90S5 Cedar Ave S North 722140-0281 610 Mill Ave 5 Residential Medium Density Residential-l0 North 7S0416-0000 629 Cedar Ave S Residential Single Family Residential-S South 202305-9163 WSDOT Residential Single Family Residential-S East 329470-0005 12095 7th St Residential Single Family Residential-S East 329470-0006, -0015, 70S-S1S Cedar Residential Single Family Residential-S -0010, -0021, -0020, AveS -0031, -0030, -0032 West 202305-9007 901 Grady Way Commercial Corridor Commercial Arterial 6. Access: 7. Site Area: Access to the short plat is proposed via private driveways from Cedar Ave S. 160,943 square feet (3.69 acres) ERe and Short Plat Report -Merlino Short Plat ------------------------------------------ City of Renton Department of Community & emie Development MERLINO SHORT PtA T Report of September 1S, 2014 C. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning Annexation Short Plat D. PROJECT NARRATIVE: land Use File No. N/A N/A N/A LUA05-093 e Vironmental Review Committee Report LUAl4-000S68, ECF, SHPL-A, MOD Page 3 of 18 Ordinance No. Date 11/01/2004 11/01/2004 06/07/1956 5099 5100 1547 N/A 01/12/2006 (expired) The applicant is requesting Short Plat approval and Environmental {SEPAl Review for the subdivision of two King County parcels (Parcel Nos. 000720-0194 and 202305-9085) into one tract (Critical Area Tract A) and seven (7) lots for the future construction of single family residences (Exhibit 2). The site is located southwest of the intersection of South 7th Street and Cedar Avenue South, in the 700-to-800 block of Cedar Avenue South; specifically, the site is located in the NW X, Section 20, Township 23N, Range 5E, W.M. The subject site is generally rectangular in shape and is bordered by Cedar Crest Condominiums to the north, single family homes on the east, vacant land to the south, and 1-405 is down the vegetated slope. The 3.69-acre vacant project site is located within the Residential - 8 (R-8) dwelling units per net acre zoning classification. The proposed lots would range in size from 6,595 square feet in area to 7,989 square feet. The lots are positioned within the level, upper area (plateau) of the Engineered Fill. There will be minimal excavation onsite, approximately ±350 cubic yards cut'for foundations and utilities, and approximately ±700 cubic yards fill (Exhibit 4). Half-street frontage improvements on Cedar Avenue South will be completed to provide 13.5 feet of pavement from the right-of-way centerline with a cul-de-sac to be located at the south end of Cedar Avenue South. To construct the cul-de-sac bulb, a "sliver fill" and retaining wall up to 6-feet high and up to 6-feet thick will be required (Exhibit 4). The site was mass graded as part of the 1-405 widening project, so there will be minimal grading to construct the lots, stormwater vault and associated utilities, and no clearing. As part of the improvements, the applicant is seeking an exception through waiver under RMC 4-3-050J.5.d to complete the road widening, stormwater and associated utilities in the protected slope. No vegetation in the protected slope areas should be cut down or otherwise removed during construction of the short plat improvements, other than the cul-de-sac improvements (i.e., the small sliver fill and/or retaining wall to the south and southwest edge of the cul-de-sac). Staff will recommend this as a condition of approval of the short plat. The site is underlain by structural fill with a fill slope on the west side of the site to 1-405, creating a bench or nearly-level plateau (slopes from north to south at 1.8 percent) area that extends west of the existing Cedar Avenue South about 112 to 122 feet to the plateau's crest) for future single family development. The site west of the bench slopes steeply toward 1-405, measured at approximately 30 degrees (circa 1.75H:1V). The deepest fill section is 40 feet and is located at the southwest corner of the proposed site. The filled site is underlain by till and bedrock. The southern portion contains areas of medium coal mine hazards, high coal mine hazards and high landslide hazards, as identified by Icicle Creek Engineers Inc. in their Coal Mine Hazard Assessment Report (Exhibit 7). The combined detention and water quality treatment vault will be located in the proposed cul-de- sac. The treated and detained flows will then be discharged west into the existing rock-lined ditch (2:1 slope) north of the WSDOT access road where it will combine with a ditch flowing south towards WSDOT's stream mitigation area on State-owned property. This short plat is an administrative review process. E. PUBLIC SERVICES: 1. Utilities ERe and Short Plat Report -Merlino Short Plat City of Renton Deportment of Community & .miC Development MERLINO SHORT PIA T e v;ronmental Review Committee Report LUA14-000S68, EeF, SHPL-A, MOD Report of September 15, 2014 Page 4 of 18 a. Water: Water service is provided by the City of Renton. There is an existing 4-inch water main in Cedar Avenue South and an existing 12-inch water main on the west side of Cedar Avenue South, north of the site. b. Sewer: Sewer service is provided by the City of Renton. There is an existing lO-inch sewer main in Cedar Avenue South. c. Surface/Storm Water: There is an existing 12-inch diameter conveyance system and catch basins along Cedar Avenue South. 2. Streets: There is an existing sidewalk on the east side of Cedar Avenue South. Existing right-of-way width for Cedar Avenue South fronting the site is 40 feet. Existing width of pavement is approximately 22 feet. The plan set submitted to the City of Renton on April 29, 2014 shows the proposed Cedar Avenue South right-of- way section which meets the City of Renton's Residential Access code, including half street frontage improvements of 13.5 feet of pavement width with curb and gutter, an 8-foot planting strip and a 5-foot sidewalk. 3. Police and Fire Protection: City of Renton Police and Fire Departments would provide service. 4. Schools: The site is within the Renton School District. I PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period B. Mitigation Measure(s) 1. Project is subject to both Icicle Creek Engineers Inc., Geotechnical Engineering Services Reports, dated April 23, 2014, including but not limited to: a. The applicant shall be required to record on the face of the short plat plan that the rear yard building setback, for all structures, shall be a minimum distance of 25 feet from the Engineered Protected Slope along the west property lines of all seven lots. b. The applicant shall be required to record on the face of the short plat plan that the side yard building setback from the portion of the engineered fill slope area to the north of lot 1 and to the south of lot 7 shall be 10 feet for all structures. c. The applicant shall be required to slightly berm/grade the west edge of the plateau at the crest of the Engineered Slope to prevent surface water runoff onto the slope from the plateau. C. Environmentallmpacts The Proposal was circulated and reviewed by variaus City Departments and Divisions ta determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The future development area of the site can best be characterized as flat. Outside the proposed development area, the site is sloping and is characterized primarily by steep slopes (measured at roughly 30 degrees). The applicant is proposing 700 cubic yards of fill for the proposed cul-de-sac portion of the road and anticipating roughly 350 cubic yards of cut for construction of foundations and utilities. ERe and Short Plat Report -Merlino Short Plat City of Renton Deportment of Community & E.miC Development MERLINO SHORT PLAT Report of September 15, 2014 _vironmentaf Review Committee Report LUAl4-000S68, ECF, SHPL-A, MOD Page S of 18 The applicant submitted a Geotechnical Engineering Services, Critical Areas Report and Coal Mine Hazard Assessment, dated April 23, 2014 prepared by Icicle Creek Engineers, Inc. (ICE) (Exhibits 6 & 7). The reports state that the engineered fill that was installed as a part of the 1-405 widening project was designed such that residences could be constructed on this fill. They further state that CH2M Hill evaluated the stability of the engineered fill for sliding global stability, compound failure, internal stability, and seismic stability; and that the final design of the engineered fill slope required a minimum factor of safety (FOS) of at least 1.5 for all the factors evaluated. Special inspections were performed and completed by Mayes Testing Engineer's Inc. (Mayes) for the construction of the reinforced soil slope constructed on the subject site. On April 23, 2014, Mayes wrote "all work inspected was either performed in accorpance with or corrected to conform to the 1-405 Corridor Design Builder's Geotechnical Design Recommendations Memorandum." In ICE's 2014 Coal Mine Hazard Assessment, identifies 12 test pits and three test borings of the Merlino Property (2005 Report) and concludes that a "High Coal Mine Hazard Area" occurs at the south end of Cedar Ave S. Additional subsurface evaluation, following seven test borings in 2009, indicated that the high coal mine hazard area are consistent with RMC 4-3-050J.1 Geologic Hazards -Applicability and RMC 4-3-050J.2 Geologic Hazards -Special Studies Required. No surface water was observed within the subject site in either 2009 or 2014 as part of ICE's reconnaissance efforts, and boring log information indicates that groundwater was found generally in the Renton Formation, below elevation 100 feet. The Natural Resources Conservation Service has mapped the site soils as Alderwood and Kitsap soils. However, in the area of the site that is proposed for residential development, fill soil was placed in 2009 as part of the WSDOT 1-405 widening project. The City of Renton has identified concerns regarding the compounded impacts placed on the slope through the introduction of seven single family homes, a vault, road improvements to Cedar Ave S, and the addition of a retaining wall to the steep slope. The improvements to the hillside create a potential for instability on the slope both during and after construction. Specific areas of concern include the following items: 1) existing slope versus deSigned slope and their respective factor of safeties; 2) wall design over proposed fill on recently constructed steep slopes; 3) increased drainage discharge onto WSDOT downstream steep slopes and drainage ditch and how it would affect toe issues for that existing slope; 4) soil liquefaction; 5) slope stability analysis; 6) anticipated weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control BMPs for each home.); 7) coal seam impacts from past boring records; and 8) effectiveness of proposed mitigating measures for impacts. As a result of these concerns, the City facilitated a contract agreement with Associated Earth Sciences, Inc. (AESI) to engage in an independent secondary peer review of the Icicle Creek reports, as they relate to the steep slope, the proposed project, and the Renton Municipal Code (RMC) Critical Areas Regulations (RMC 4- 3-050). The City of Renton's Community Economic Development Department contracted with Associated Earth Sciences Inc. (AESI) to conduct an independent secondary review of the two reports prepared by Icicle Creek Engineers, Inc. (Exhibit 9). AESI provided comments that addressed staff concerns, denoted as items 1-8 as identified (Exhibit 10). The applicant was given the opportunity to respond to the independent secondary review completed by AESI (Exhibit 11). The responses from both AESI and ICE provide adequate comments that address these specific areas of concerns. For example, the 25-foot setback from the top of RSS is a conservative plan and was identified as being within the base assumptions for evaluating the adequate slope stability factor of safety by the CDB August 2009 Memorandum; or the increased stormwater discharge to the current rock-lined ditch has more capacity to convey the 100-year undetained peak flow; or the engineer used a conservative traffic surcharge of 250 psf in the slope stability analysis and the final design plans for a typical two-story, wood-frame construction (setback at least 25 feet from the top of the RSS) that provides for adequate FOS. An exception through waiver under RMC 4-3-050J.5.d for placement of a wedge-shaped sliver fill and part of a retaining wall, within a small portion of the protected slope area on proposed Tract A, is necessitated by and associated with the public road widening for a required 90-foot cul-de-sac turnaround at the south end ERC and Short Plat Report -Merlino Short Plat City of Renton Department of Community & E.miC Development MERLINO SHORT PLAT Report of September 15, 2014 ttvironmental Review Committee Report WA14-000S68, ECF, SHPL-A, MOD Page 6 of 18 of Cedar Avenue South (the road exceeds 300 feet in length). The proposal's design was challenging due to an existing gravel access road, in addition to an existing gravel access road on the south end of the property, which leads to the WSDOT stream mitigation area and also due to the location of the exiting steep slope at the end of the road. The location of the cul-de-sac will require a portion ofthe gravel road to be relocated to the south of the cul-de-sac. The filling will allow the cul-de-sac's southwest edge to be high enough in order to keep the roads surface's cross-slope to a reasonable maximum grade (approximately 6%). Widening Cedar Ave S with a cul-de-sac will improve the livability of the exiting neighborhood via increased fire accessibility through a fully sized cul-de-sac turnaround that meets the dimensions and requirements of the code. Under current conditions, Cedar Ave S is considered to be a dead end; no other location is functionally feasible because the cul-de-sac has to be on the south end of the exiting road. ICE's geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard and identifies measures to eliminate or reduce risks; and the applicant will be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. The applicant is proposing that Tract A will include a Native Growth Protection Easement (NGPE) over portions of the tract that encompasses the protected slopes. The specific language states "such easement proposed to be subject to a right of lot owners and the homeowners association, if any, to top trees within the NGPE for preservation of views to the west and northwest from the future homes and rear yards on the proposed lots;" Staff supports encompassing Tract A with a NGPE with the Home Owners Association (HOA) having responsibility for basic tree maintenance, provided the work is conducted outside the jurisdiction held by WSDOT through the several easements (20-foot perpetual ingress/egress, 12-foot terminable ingress/egress, 35-foot ingress/egress and utility, and an 80-foot soil nails per KC recording no. 20110802000538). Staff will not support short plat language that encourages or allows the topping of trees within Tract A so that future property owner may maintain views. Mitigation Measures: Project construction shall be required to comply with the mitigation recommendations identified in the submitted Icicle Creek Engineers, Inc. Geotechnical Engineering Services reports (dated April 23, 2104). Nexus: SEPA Environmental Review, RMC 4-3-050 Critical Areas Regulations, RMC 4-4-060 Grading, Excavation, a,nd Mining Regulations. Z. Water . a. Wetland, Streams, Lakes Impacts: The applicant submitted a Critical Areas Report, prepared by Icicle Creek Engineers, Inc., dated April 23, 2014, identifying an existing Class 3 stream, an existing Class 5 stream, and an existing Category 3 wetland all offsite on the WSDOT property to the south of the subject property (Exhibit 3). The City requested a standard stream study be conducted by the applicant on July 11, 2014. The applicant submitted a technical memorandum, from an aquatic scientist, that provided classification for the two offsite stream channels directly adjacent and south of the project site, in parcel no. 2023059163 (Exhibit 12). The stream channels lie within the north margin of the wooded portion of the WSDOT site and flow east to west parallel to each other. They are tributary to Thunder Hill Creek and confluence with the creek shortly before passing beneath Interstate 405. Thunder Hill Creek then becomes Rolling Hills Creek, which is tributary to Spring Brook Creek. The two streams are identified as Streams Band C, with Stream B occurring farther south than Stream C (Exhibits 2 and 4). Neither stream channel occurs on the map of Renton Water Classes. Both Stream Band Stream C are very similar in characteristics. The two streams are only 40 to 60 feet apart, share a common riparian corridor of similar composition, are roughly four to five feet in bank full width, and are incising heavily in the native soils. Stream B flows through a previously identified Class 3 wetland before joining with ERe and Short Plat Report -Merlino Short Plat City of Renton Department of Community & Amie Development MERLINO SHORT PLAT Report of September 15, 2014 4Ivironmental Review Committee Report LUA14-000568, ECF, SHPL-A, MOD Page 7 of 18 Steam C. Stream B was identified as the Class 3 stream which requires a 75-foot standard buffer. Stream C doesn't appear to exist in historical photographs; it originates from a stormwater outfall located at the south end of Cedar Ave S, is intermittent and non-salmonid-bearing; it has been classified as the Class 5 stream, and carries no standard buffer requirement. The project is within 200 feet of these streams, and only the undisturbed southeast corner of Tract A (103,440 square feet) is located within the Stream B's 75-foot buffer. The proposed relocation of WSDOT's existing 12-foot terminable ingress, egress easement (Recording No. 20110802000538) or gravel road for stream mitigation is planned within 200 feet of the offsite wetland in order to complete the retaining wall and cul-de-sac road improvements. No impacts are proposed to the existing buffers, as identified on the southeast corner of the site. It is also expected that there will be less stormwater runoff from Cedar Ave S to the discharge point at the head of Stream C. In the developed conditions, storm water from the short plat and the west half of Cedar Avenue S will be collected by a proposed storm drain system in the cul-de-sac on the south end of the project. The vault will discharge to an existing rock-lined ditch on the north side of the existing WSDOT access road, which heads southwest where it drains north to a Type 2 Catch basin with a bird cage structure. The Muckleshoot Tribe has identified two concerns, based on a review of the proposed project (Exhibit 13). The first concern was that the project will need to demonstrate compliance with the City's stream buffer regulations for potential fish bearing waters; and the second concern involved treating stormwater using enhanced water quality treatment methods to reduce pollutants in stormwater released from the stream's site that would ultimately drain to the Cedar River. The purpose of the stream buffer regulations are to protect riparian habitat in order to provide for bank and channel stability, sustained water supply, flood storage, recruitment of woody debris, leaf litter, nutrients, sediment and pollutant filtering, shade, shelter, and other functions that are important to both fish and wildlife; prevent the loss of riparian acreage and functions and strive for a net gain over present conditions through restoration where feasible; protect aquatic habitat for salmonid species. Buffer widths are set by RMC 4-3-050 Critical Areas Regulations based upon the water body or wetland classification. The offsite stream (Thunder Hills Creek), located to the south of the subject site, is partially piped and conveyed underneath roads and buildings downstream of 1-405. The stream has been documented in the WDFW/WSDOT 2013 Fish Passage Barrier Assessment report as a fish- passage barrier, as subject to replacement per Federal Court injunction under U.S. v Washington, and as a potential fish bearing water based on available habitat conditions upstream of 1-405. Class 3 waters are non-salmonid-bearing perennial waters during years of normal rainfall. They are mapped on Figure Q4, Renton Water Class Map, as Class 3. Class 2 waters are perennial or intermittent salmonid- bearing waters which historically and/or currently is known to support salmonids, including resident trout, at any stage in the species lifecycle. Thunder Hills Creek is mapped in the Renton Water Class Map as a Class 3 stream and is therefore subject to a minimum width of seventy-five feet (75') per RMC 4-3-0S0l.S.a.i.b. The buffer widths have been identified on the project site map, and all new construction must comply with Renton Municipal Code. An additional 25-foot buffer enhancement could potentially require mitigation, such as greater biologic and hydrologic functions, or no net loss of riparian habitat, or water body function for the proposed relocation of the gravel ingress/egress access road to WSDOT's stream mitigation area. BMPs will be required to help mitigate the impacts created as a result of the relocation of an 80-foot section of WSDOT's wetland access road. Mitigation Measures: No further mitigation needed. Nexus: Not applicable b. Storm Water Impacts: The applicant submitted a preliminary Technical Information Report (TIR), prepared by Core Design, Inc. (dated April 18, 2014; Exhibit 8). The project was designed using the guidelines and ERC and Short Plat Report -Merlino Short Plat City of Renton Department of Community & amie Development MERLINO SHORT PLA T Report of September 15, 2014 .v;r~nmental Review Committee Report WA14-000S68, ECF, SHPL-A, MOD Page 8 of 18 requirements established in the 2009 King County Surface Water Design Manual. According to the TIR, Cedar Avenue South drains south through an existing storm drain system and outlets to a Class 5 stream south of the proposed project. The existing 2:1 slope constructed in 2010 as part of the construction of WSDOT 1-405 widening project drains west to a ditch flowing south on the west boundary or bottom of the site. The flatter portion of the site drains south to an existing onsite ditch north of the WSDOT access road where it has its confluence with the ditch on the west boundary. The two ditches drain to a 54-inch catch basin with a birdcage into a piped system continuing west for 250 feet down the side slope on the east side of 1-405 to a drainage structure in the shoulder. Drainage continues north for approximately 2,800 feet through a series of catch basins and pipes in 1-405 to a WSDOT detention pond located west of 1-405 and east of S 3'd Street. The project will be served by a stormwater vault that will serve 1.60 acres (1.01 acres of impervious area and 0.59 acres of till-grass). The applicant indicates that stormwater runoff will be collected and routed to a stormwater detention and water quality vault beneath the proposed cul-de-sac at the south end of the project. The design of the vault will be constructed in accordance with the 2009 King County Surface Water Design Manual, as amended by the City of Renton, in order to mitigate any adverse impacts from stormwater runoff. The applicant is proposing to implement the reduced impervious surface credit to meet the requirements for individual lot BMPs, with the anticipation that less than 4,000 square feet of impervious area will be constructed on each lot. Due to topographic constraints, a small portion of the area on top of the vault will not discharge to the vault and will therefore be modeled as onsite bypass area. As a result, the detention vault will over-detain the remainder of the project to compensate for unmitigated flows. The Basic Wetvault includes a permanent wetpool that allows for the removal of 80% of Total Suspended Solids thereby meeting the pollutant removal targets. Mitigation Measures: No further mitigation needed. Nexus: Not applicable D. 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" (Exhibit 15) . ./ Copies of all Review Comments are contained in the Official File and may be attached to this report. PART THREE: ADMINISTRATIVE SHORT PLAT REVIEW A. 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 4-2-060: Zoning Use Table -Uses Allowed in Zoning Designations c. Section 4-2-110: Residential Development Standards d. Section 4-2-115: Residential Design and Open Space Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations -General b. Section 4-4-060: Grading, Excavation and Mining Regulations 4. Chapter 6 Streets and Utility Standards a. Section 4-6-030: Drainage (Surface Water) Standards b. Section 4-6-060: Street Standards ERe and Short Plat Report -Merlino Short Plat City of Renton Department of Community & Amie Development MERLINO SHORT PLA T 4Ivironmental Review Committee Report WA14-000S68, EeF, SHPL-A, MOD Report of September 15, 2014 Page 9 of 18 5. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing land Use and Plan -General Requirements and Minimum Standards c. Section 4-7-150: Streets -General Requirements and Minimum Standards d. Section 4-7-170: Residential lots -General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria a. Section 4-9-070: Environmental Review Procedures 7. Chapter 11 Definitions B. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential Single Family (RS) land use designation 2. Community Design Element C. DEPARTMENT ANALYSIS: 1. Environmental Review The proposed project is subject to environmental review due to critical areas on the site and direct impacts to protected slopes, for the placement of a wedge-shaped sliver fill and part of a retaining wall within the protected slope area on proposed Tract A is subject to City of Renton Environmental Review Procedures (RMC 4-9-070). A Determination of Non-Significance-Mitigated was issued on September 15, 2014, with one mitigation measure, complying with the State Environmental Policy Act (SEPA), required. 2. Renton Staff Review Comments Representatives from various city departments and the Renton School District 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. 3. Comments from Other Agencies Comments were received from The Muckleshoot Tribe identifying two concerns: 1) compliance with the City's stream buffer regulations for potential fish bearing waters and 2) treating stormwater using enhanced water quality treatment methods. 4. Comments from the Public Comments received from the public were considered during review of the proposed project. Copies of these comments are included in the project file and in this report (Exhibit 14). D. CONCLUSIONS: SHORT PLAT REVIEW CRITERIA: Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review ofthe plat. (.I Compliant) 1. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The site has the Comprehensive Plan land Use designation of Residential Single Family (RS). The proposal is consistent with the following Comprehensive Plan land Use and Community Design Element policies if all conditions of approval are complied with: ERe and Short Plat Report -Merlino Short Plat City of Renton Department of Community & .omie Development MERLINO SHORT PLAT 4Ilvironmental Review Committee Report LUA14-000S68, ECF, SHPL-A, MOO Report of September 15, 2014 Page 10 of 18 ./ Policy LU-158_ Net development densities should fall within a range of 4.0 to 8.0 dwelling units per net acre in Residential Single Family neighborhoods. Objective CD-C. Promote reinvestment in and upgrade of existing residential neighborhoods ./. thraugh redevelopment of sma//, underutilized parcels with infill development, modification and alteration of older housing stock, and impravements to streets and sidewalks to increase praperty values. Po/icy CD-12. Sidewalks or walking paths should be provided along streets in established ./ neighborhoods, where sidewalks have not been previously constructed. Sidewalk width should be ample to safely and comfortably accommodate pedestrian traffic and, where practical, match existing sidewalks. Policy CD-15. Infill development should be reflective of the existing character of established neighborhoods even when designed using different architectural styles, and lor responding to ./ more urban setbacks, height or lot requirements. Infill development should draw on elements of existing development such as placement of structures, vegetation, and location of entries and walkways, to reflect the site planning and scale of existing areas. Z. COMPLIANCE WITH THE UNDERLYING ZONING DESIGNATION: The site is classified Residential-8 (R-8) on the City of Renton Zoning Map. RMC 4-2-110A provides development standards for development within the R-8 zoning classification. The proposal is consistent with the following development standards if all conditions of approval are complied with: Density: The allowed density range in the R-8 zone is a maximum of 8.0 dwelling units per .net acre. There is also a minimum density of 4 dwelling units per net acre. Staff Comment: After subtracting 8,190 square feet for proposed right-of-way dedications, 5,072 ./ square feet for private access easements, and 103,440 square feet for critical areas, the net square footage of the site is 116,702 square feet (1.02 net acres). The 7-Iot proposal would arrive at a net density of 6.86 dwelling units per net acre (7 lots I 1.02 acres = 6.86 dulac), which falls within the permitted density range for the R-8 zone. Lot Dimensions: The minimum lot size permitted in the R-8 zoning designation is 4,500 square feet. A minimum lot width of 50 feet is required for interior lots and 60 feet for corner lots. Lot depth is required to be a minimum of 65 feet (Exhibit 2). The proposed lots would meet these requirements, as demonstrated below: Prol:!osed Lots Lot Size Width Del:!th Lot1 7,112 sf 78 feet 112 feet Lot2 6,709 sf 60 feet 111 feet ./ Lot3 6,652 sf 60 feet 110 feet Lot4 6,595 sf 60 feet 109 feet LotS 7,080 sf 65 feet 108 feet Lot 6 7,013 sf 65 feet 107 feet Lot 7 7,989 sf 99 feet 107 feet All Lots Avg: 7,021 sf Avg: 70 feet Avg: 109 feet Tract A 103,440 sf -- ERC and Short Plat Report -Merlina Short Plat City of Renton Department of Community & .omiC Development MERLINO SHORT PIA T .Wiranmental Review Committee Report WAl4-000568, ECF, SHPL-A, MOD Report of September 15, 2014 Page 11 of 18 Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for garages; interior side yard is 5 feet; side yard along a street is 15 feet for the primary structure; and the rear yard is 20 feet. Staff Comment: The setback requirements for the proposed lots would be verified at the time of ." building permit review. The proposed lots appear to contain adequate area to provide all the required setback areas. Staff recommends as a condition of approval that the rear yard building setback, for all structures shall be a minimum distance of 2S feet from the Engineered Protected Slope along the west property lines of all seven lots, and the side yard building setback from the portion of the engineered fill slape area to the north of Lot 1 and to the south of Lot 7 shall be 10 feet for all structures. These specific setbacks shall be recorded on the face of the short plat. Building Standards: Building height is restricted to 30 feet and two stories. Detached accessory structures must remain below a height of 15 feet and one story. The allowed building lot coverage for lots over 5,000 SF in size in the R-8 zone is 35 percent (35%) or 2,500 SF, whichever Not yet is greater. The allowed impervious surface coverage is 75 percent (75%). determined Staff Comment: One dwelling unit, af typical two-story, wood-frome construction per lot is planned. Building elevations, which would be used to determine building height, have not been submitted. The building standards for the proposed lots would be verified at the time of building permit review. Landscaping: Ten (10) feet of onsite landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways per RMC 4-4-070. Such landscaping shall include a mixture of trees, shrubs, and ground cover as approved by the Department of Community and Economic Development. Minimum planting strip widths between the curb and sidewalk are established according to the Compliant if street development standards of RMC 4-6-060. Street trees and, at a minimum, groundcover are Conditions to be located in this area when present. of Approval Met Where there is insufficient right-of-way space or no public frontage, street trees are required in the front yard. A minimum of two (2) trees are to be located in the front yard prior to final inspection. Staff Comment: The applicant has submitted a canceptuallandscape plan (Exhibit 5). Staff recommends that a final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction. Parking: Off-street parking for two (2) vehicles per residential unit is required . ." Staff Comment: Sufficient area exist, on each lot, to accommodate off-street parking for a minimum of two (2) vehicles. 3. CRITICAL AREAS: The proposal is consistent with critical area regulations as stated in RMC 4-3-050 if all conditions of approval are met: Critical Areas: The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, seismic, and landslide hazards. Manage development activities to protect wetlands, Compliant if fish and wildlife habitat, and geologically hazardous areas as defined by the Growth Management Act and RMC 4-3-050, Critical Area Regulations. Conditions of Approval Staff Comment: The applicant submitted a Critical Area Report and Coal Mine Hazard Assessment Met prepared by Icicle Creek Engineers, Inc. (dated April 23, 2014; Exhibits 6 and 7) and a Standard Stream Study prepared by Raedeke Associates, Inc. (dated August 8, 2014; Exhibit 12), which addresses the sites sensitive areas. Approval of the project is subject to both Icicle Creek Engineers Inc., Geotechnical Engineering Services Reports, dated April 23, 2014. The reports ERe and Short Plat Report -Merlino Short Plat City of Renton Department of Community & amie Development MERLINO SHORT PIA T Report of September 15, 2014 eVironmental Review Committee Report LUA14-000568, EeF, SHPL-A, MOD Page 12 of 18 identified engineered fill installed as a part of the 1-405 widening project such that residences could be constructed on this fill with a minimum factor Of safety (FOS greater than 1.5). A current topogrophic survey, stamped by a Professional Land Surveyor, will be required to be submitted with the civil plans. The ReinforcedSoil Slope (RSS) was evaluated for slope stability with the assumption that residences would be canstructed in the level area created at the top of the RSS where it borders Cedar Avenue South. As a condition of approval the applicant must provide a note on the face of the short plat that divulges this information. A total of 12 test pits and three test borings concluded that a "High Coal Mine Hazard Area" occurs at the south end of Cedar Ave S. As part of the development plan, Cedar Ave S is proposed to be widened along its west edge up to 48 feet, including a 7 feet of right-of-way dedication for the first 470 feet with additional widening to include construction of a cul-de-sac bulb at the south end (up to 59 feet). A storm water vault is proposed to be located within the cul-de-sac, but autside of the High Coal Mine Hazard area so no mitigation is proposed for the underground concrete storm water vault. No structures should be constructed in High Coal Mine Hazard Areas. Fill may be placed in High Coal Mine Hazard Areas provided that the fill is not used to support structures. The storm water vault and underground pipes could be supported by a deep foundation that extends below the underground mine, or structurally designed to span a void of 10 feet in diameter along with the drag forces caused by caving soils around these structures should a sinkhole occur. Manholes would need to be structurally supported on the side of the vault. Rood access, including fill placement for road access (no cuts), may be constructed in the High Coal Mine Hazard Areas with the approval of the City of Renton. In accordance with Fire Code, fire access roadways shall be constructed to support a 30-ton vehicle with 322-psi point loading. The applicant will be required to retain an engineer to review the construction plans for the cul-de-sac at the south end of Cedar Ave S once the design details are available to ensure that the road can support large vehicles, such as 30-ton fire t~ucks. The sliver fill will consist of a tapered thickness of soil fill (up to 6 feet thick) along the downhill side of the cul-de-sac where additional space is needed to provide the required radius for the cul- de-sac. The cul-de-sac as required for Cedar Ave S because it is a dead end street that exceeds 300-feet in length. According to RMC 4-3-0501.5.a, development is prohibited on protected slopes unless an exception through waiver to the prohibition is granted by the City of Renton under subsection d for installation of public utilities which are needed to protect slope stability and public road widening. The following criteria were demonstrated during the review of the short plat application: i. The utility or road improvement is consistent with the Renton Comprehensive Plan, adopted utility plans, and the Transportation Improvement Program where applicable; ii. Alternative locations have been determined to be economically or functionally infeaSible; iii. A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks; iv. The plan for the improvement is based on consideration of the best available science as described in WAC 365- 195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are fallowed. Staff recommends approval of the placement of the cul-de-sac and any associated improvements necessary to complete the canstruction of a cul-de-sac at the sauth end of Cedar Avenue South, provided that the development applications comply with erosion control requirement of RMC 4-3-050. Water discharge from the storm water vault will be to an existing rock-lined ditch that runs parallel to and along the north edge of a portion of the existing WDDOT gravel access road that extends towards WSDOT's stream mitigation area just south of the property. The applicant's engineer concludes that the increased storm water discharge to the current rock-lined ditch has more capacity to convey the 100-year undetained peak flow, thereby providing for safe storm water discharge onto the slope area (within the rock-lined ditch). No vegetation in the ERC and Short Plot Report -Merlino Short Plat City 0/ Renton Department 0/ Community & amiC Development MERLINO SHORT PLAT Report of September 15, 2014 .vironmental Review Committee Report WAl4-000S68, ECF, SHPL-A, MOD Page 13 of 18 protected slope areas should be cut down or otherwise removed during construction of the short plat improvements, other than those directly tied to the construction of the cul-de-sac road improvements. Staff will recammend this as a condition of approval. The technical memorondum identified an existing Class 3 stream, an existing Class 5 stream, and an existing Category 3 wetland all offsite on the WSDOT property to the south of the subject property. The applicant is not proposing to impact the 75-foot buffer of the Category 3 stream at the southwest corner of Tract A. A condition of approval shall be installation of a woad, split-roil fence with stream signage along the Categary 3 stream buffer. Such fence shall be constructed prior to recording of the short plat. Staff recommends a condition of approval requiring the Homeowners' Associatian to ensure maintenance of the split-rail fence. The applicant is proposing that Tract A will include a Native Growth Protection Easement (NGPE) over portions of the tract that encampasses the protected slopes. Staff supports encompassing the steep slope area of Tract A with a NGPE with the Home Owners Association (HOA) having responsibility for basic tree maintenance, provided the work is conducted outside the jurisdiction held by WSDOT through the several easements (20-foot perpetual ingress/egress, 12-foot terminable ingress/egress, 35-foot ingress/egress and utility, and an 80-foot soil nails per KC recording no. 20110802000538). The NGPE shall be recorded on the face of the short plat. NGPE Staff will recammend this as a condition of approva/. Vegetation in the area consists primarily of grasses, various weedy herbs, Douglas fir saplings, red alder saplings, Himalayan blackberries, snowberries, giant harsetail, and a variety of grasses. The engineer has anticipated soil maisture weight af 130 paunds per cubic foat (pcf) in the 1-405 Carridor Design Builders (COB) slope stability analysis and the soil moisture shauld not increase as a result af site development. The applicant would be required to berm the west edge of the plateau at the crest of the Engineered Slope to prevent surjace water runoff onto the slope from the plateau. Staff will recommend this as a condition of approval of the short plat. The applicant would be required to address impacts created by the constructian af the sliver fill and cul-de-sac road. In addition, temporory erosion, sedimentation control measures and construction impacts shall be in accordance with City of Renton requirements. The applicant would be required to identify and mitigate accordingly. 4. DESIGN STANDARDS: The Residential Design and Open Space Standards (RMC 4-2-115) are applicable to all new dwelling units in the R-8 zone. These standards implement policies established in the Land Use and Community Design Elements of the Comprehensive Plan. Furthermore, the Residential Design Standards mitigate impacts of the proposed residential development. Compliance with Residential Design Standards is required prior to the issuance of building permits. One of the following is required: 1. Lot width variation of 10 feet (10') minimum of one per four (4) abutting street-fronting lots, or .,. 2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross square feet size difference), or 3. A front yard setback variation of at least five feet (5') minimum for at least every four (4) abutting street fronting lots. S. COMPLIANCE WITH SUBDIVISION REGULATIONS: Chapter 4-7 RMC, Subdivision Regulations provides review criteria for proposed subdivisions. The proposed project 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. ERe ond Short Plat Report -Merlino Short Plat City of Renton Department oj Community & Amie Development MERLINO SHORT PIA T eVironmental Review Committee Report WA14-000S68, ECF, SHPL-A, MOD Report of September 15, 2014 Page 14 of 18 Staff Comment: The new lots would be accessed from Cedar Ave South. Realignment of the existing gravel road would be needed in order to maintain direct access to WSDOT's stream mitigation area araund the proposed cul-de-sac. Streets: Street improvements and lighting will be required. Staff Comment: The project frants Cedar Ave S, which will be improved to the City of Renton's Residential Access street standard. The half street frontage improvements will include 13.5 feet of pavement from the right-of-way centerline, an 8-foot planting strip, a 5-foot sidewalk, and a cul-de-sac at the south end of the Cedar Ave S for fire emergency turnaround capabilities. A wedge-shaped sliver fill and retaining wall will allow for the cul-de-sac rood improvements. Rackeries or retaining walls greater than four (4) feet in height will require a separate building permit. Structural calculations and plans shall be submitted for review by a licensed engineer and special inspection(s} is required . ./' Street lighting is required along Cedar Ave South to meet City standards. The maximum width of a single loaded garage driveway shall not exceed nine feet (9') and a double-loaded garage driveway shall nat exceed sixteen feet (16'). A traffic impact analysis was not required because the estimated vehicular traffic generated from the proposed development did not exceed 20 vehicles per hour in either the AM (6:00 -9:00) or PM (3:00 -6:00) peak periods. A peak hour volume of 20 vehicles per hour is equivalent to a daily volume of roughly 200 vehicles per day. It is also anticipated that the proposed praject would result in impacts to the City's street system. In order to mitigate transportation impacts, the applicant would be required to pay an appropriate Transportation Impact Fee. Currently, this fee is assessed at $1,430. 72 per net new single family home. N/A Blocks: Blocks shall be deep enough to allow two tiers of lots. Statt Comment: No new blocks would be formed. Relationship to Existing Uses: The proposed project is compatible with existing surrounding uses. ./' Staff Comment: The properties surrounding the subject site are residential single family or residential medium density and are designated R-8 or R-l0 an the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. 6. AVAILABILITY AND IMPACT ON PUBLIC SERVICES: Police: Service would be provided by the Renton Police Department . ./' Staff Comment: The Renton Police Department has commented that there would be minimal impacts from the project. Fire: Service would be provided by the Renton Fire Department. Staff Comment: Sufficient resources exist to furnish services to the proposed development, ./' subject to the condition that the applicant provides code required improvements and fees. Fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit issuance. Schools: Service would be provided by the Renton School District. Stott Comment: It is anticipated that the Renton School District can accommodate any additional ./' students generated by this proposal at the following schools: Talbot Hill Elementary (1 mile from the subject site), Dimmitt Middle School (1.88 miles from the subject site), and Renton High School (0.67 miles from the subject site). RCW 58.17.110(2} provides that no subdivision be ERC and Short Plat Report -Merlino Short Plat City of Renton Deportment of Community & .0miC Deve!opment MERLINO SHORT PLAT .vironmento! Review Committee Report WA14-000S68, ECF, SHPL-A, MOD Report of September 15, 2014 Page 15 of 18 Compliant if conditions are meet approved without making a written finding of adequate provision made for safe walking conditions for students who walk to and from school. While the designated schools are located within a close proximity of the subject site, future students to the elementary and middle schools are designated to be transported to school via bus, and the high school has been determined to be within walking distance of the school. A 5-foot sidewalk exists between the subject property and Renton High School, which would provide a safe walking route from the proposed short plat. A School Impact Fee, based an new single family lots, will also 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 2014 fee is assessed at $5,455.00 per single family residence. Parks: Although there would be no significant impacts to the City of Renton Park System anticipated from the proposed project, a Park Impact Fee is required of all new residential development. The Park Impact Fee shall be paid prior to building permit issuance. As of January 1, 2014, the Park Impact Fee is $963.01 per new residence. Storm Water: There is an existing 12" diameter conveyance system and catch basins along Cedar Avenue South. A Preliminary Technical Information Report was submitted on April 29, 2014 by CORE Design (Exhibit 8). The existing developable portion of the site is approximately 1.50 acres in size and is covered by grass. The existing storm conveyance system in Cedar Avenue South drains to a Class 5 stream south of the site. The project is within the Flaw Duration Standard (Forested Conditions) and requires Basic Water Quality. A combined detention/water quality vault is proposed and based on the 2009 King County Surface Water Design Manual (KCSWDM) and the City of Renton's Amendments to the 2009 KCSWDM. All Core Requirements and Special Requirements are discussed in the report. The applicant shall submit a quantitative" Level 2 downstream analysis to include capacity examination of the WSDOT ditch and storm water pond. According to Renton COR Maps, the downstream pond is private; a copy of the agreement between the applicant and WSDOT allowing site runoff fram the short plat to be added to the WSDOT pond shall be pravided to the City. Surface water system development fee is $1,128.00 per dwelling unit. Fees are payable prior to issuance of the construction permit. All construction utility permits for drainage will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. Water Service: Water service would be provided by the City of Renton. System development fees for water are based on the size of the new domestic water meters that will serve the new homes on each new lot. Fee for %-inch or l-inch water meter install is $2,809.00 . ./ The new proposed main in Cedar Avenue South shall be an 8-inch pipe diameter and tie into the existing 12-inch diameter water main along the west side of Cedar Ave S, and then tie into the existing 8-inch diameter main at the south end of Cedar Avenue South. Separate permits and fees for side sewer connection, water meter and storm connection will be required. Sanitary Sewer Service: Sanitary sewer service will be provided by the City of Renton. There is an existing 10-inch sewer main in Cedar Avenue South. System development charge (SOC) for sewer ./ is based on the size of the domestic meter size. Sewer fees for a %" meter or l-inch meter is $2,033.00 per new single-family lot. This is payable at the time the utility construction permit is issued. ERC and Short Plat Report -Merlino Short Plat City of Renton Department of Community & .omie Development MERLINO SHORT PLA T Report of September 15, 2014 E. FINDINGS OF FACT: .Vironmental Review Committee Report LUAl4-00056B, ECF, SHPL-A, MOD Page 16 of 18 Having reviewed the written record in the matter, the City now enters the following: 1. Request: The project proponent has requested approval of a short plat of 160,943 square feet (3.69 acres) and a net area of 116,702 square feet (1.02 net acres), located in the Renton Hill Neighborhood, into seven (7) lots, suitable for development with single-family residential structures, and one Critical Areas Tract. The project would have a density of 6.86 dwelling units per net acre. 2. Application: The property, located at 700-800 Block of Cedar Avenue South, is owned by the Merlino Land Development Co., Inc. 3. Comprehensive Plan: The property has a Comprehensive Plan land use designation of Residential Single Family (RS). The proposed project furthers the objectives and policies of the RS section of the Land Use Element of the Comprehensive Plan. 4. Zoning: Objectives and policies of the RS designation are implemented by standards and regulations of the Residential 8 zone. The project, as proposed, meets or exceeds the R-8 standards and regulations if all conditions are met. 5. Subdivision Regulations: The short plat, as proposed, would meet the requirements of Chapter 4-7 RMC, Subdivision Regulations if all conditions are met. 6. Existing Land Uses: The site is a vacant residential site. 7. Exception through Modification: The applicant has submitted a request for an exception through modification fill on a protected slope in order to construct a CUl-de-sac for fire accessibility. 8. Setbacks: Minimum building setback requirements would be met or exceeded provided the project is conditioned to enhance the following setbacks: five (5) additional feet to the rear yard building setback for Lots 1-7 to a minimum 25-foot rear yard setback, and five (5) additional feet to the side yard building setbacks from the top of slope engineered fill slope area to the north of Lot 1 and to the south of Lot 7 for a minimum 10-foot side yard setback. 9. Public Utilities: Impacts to public services are assessed on a per single-family dwelling basis. The fee for transportation impacts is $1,430.72 per single-family; for parks is $963.01; for schools is $5,455.00; and for fire is $479.28. The identified 2014 fee rates are effective from January 1, 2014 through December 31, 2014. City of Renton 2015 development fees become effective January 1, 2015. F. CONCLUSIONS: 1. The subject site is designated Residential Single Familiy (RS) in the Comprehensive Land Use Plan and complies with the goals, objectives, and policies established with this designation. 2. The subject site is zoned Residential 8 (R-8) and complies with the zoning and development standards established with this designation, provided the applicant complies with the Renton Municipal Code, mitigation measures, and conditions of approval. 3. The proposed 7-lot short plat complies with the subdivision regulations as established by Renton Municipal Code and state law, provided all advisory notes and conditions are complied with. 4. The proposed short plat complies with the street standards as established by Renton Municipal Code, provided the project complies with all advisory notes and conditions of approval contained herein. 5. The Exception through Modification per RMC 4-3-050J.5.d allows for the placement of a wedge-shaped sliver fill and part of a retaining wall within the protected slope area on proposed Tract A. ERe and Short Plat Report -Merlino Short Plat City of Renton Department of Community & Etmic Development MERLINO SHORT PLAT Report of September 15, 2014 G. DECISION: tVironmental Review Committee Report LUAl4-000568, ECF, SHPL-A, MOO Page 17 of 18 The Merlino Short Plat and Exception through Modification, File No. LUA14-000568; ECF, SHPL-A, MOD is approved subject to meeting the following mitigation measures: 1. The applicant shall comply with the SEPA mitigation measures. They are as follows: a. Project is subject to both Icicle Creek Engineers Inc., Geotechnical Engineering Services Reports, dated April 23, 2014, including but not limited to: i. The applicant shall be required to record on the face of the short plat plan that the rear yard building setback, for all structures, shall be a minimum dista"nce of 25 feet from the Engineered Protected Slope along the west property lines of all seven lots. ii. The applicant shall be required to record on the face of the short plat plan that the side yard building setback from the portion of the engineered fill slope area to the north of Lot 1 and to the south of Lot 7 shall be 10 feet for all structures. iii. The applicant shall be required to slightly berm/grade the west edge of the plateau at the crest of the Engineered Slope to prevent surface water runoff onto the slope from the plateau. 2. The applicant shall make a note on the face of the short plat that states that the Reinforced Soil Slope (RSS) was evaluated for slope stability for residences (typical two-story, wood-frame construction) only. Additional structures should be evaluated for slope stability. 3. Copies of Washington State Department of Transportation's (WSDOT) Inspector Daily Reports and all material testing reports from the original project are required to be submitted with the civil plans. 4. A current topographic survey, stamped by a Professional Land Surveyor, will be required to be submitted with the civil plans. 5. No vegetation in the protected slope areas should be cut down or otherwise removed during construction of the short plat improvements, other than those directly tied to the construction of the cul-de-sac road improvements. 6. The applicant shall be required to create a Homeowners' Association (HOAI with shared responsibility for basic tree and vegetation maintenance of Native Growth Protection Easement over portions of Tract A, including protected slopes. A draft of the document(s) shall be submitted to the Current Planning Project Manager for review and approval prior to the recording of the short plat. " 7. A wood, split-rail fence shall be constructed along the south boundary of Category 3 stream buffer. The fence shall be constructed prior to recording the short plat. A requirement to maintain the fence by a Homeowners' Association shall be placed on the face ofthe short plat. DECISION ON LAND USE ACTION: SIGNATURE: Je~J!'~~:f' Department of Community & Economic Development ERe and Short Plat Report -Merlino Short Plat " /,11 UI'i ~ City of Renton Deportment of Community & E.miC Development. MERLINO SHORT PLAT Report of September 15, 2014 eVironmenral Review Committee Report LUA14-000568, ECF, SHPL-A, MOD Page 18 of 18 TRANSMITTED this 19'h day of September, 2014 to the Contact/Applicant/Owner(s): Applicant/Owner(s): Contact: Jimmy Blais Lafe Hermansen Merlino Land Development Co Core Design 5050 1st Ave, 102 14711 NE 29th PI, 101 Seattle, WA 98134 Bellevue, WA 98007 TRANSMITTED this 19'h day of September, 2014 to the Parties of Record: Gina Custer Nancy Osborn 1209 S 7th St 4635 Marris Ave S, #F Renton, WA 98057 Renton, WA 98055 TRANSMITTED this 19'h day of September, 2014 to the following: Jan Conklin, Development Services C.E. "Chip" Vincent, CED Administrator Vanessa Dolbee, Current Planning Manager Plan Review Fire Marshal H_ LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION The Environmental Determination and the Administrative Short Plat Review decisions will become final if the decisions are not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal: Appeals of the environmental determination must be filed in writing to the Hearing Examiner on or before s:oo p_m_ October 3, 2014_ Administrative Short Plat Approval Appeal: Appeals of the administrative site development plan review decision must be filed in writing to the Hearing Examiner on or before 5:00 p.m_ on October 3, 2014_ APPEALS: The above land use decisions 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_ 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-7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that the deciSion be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original deciSion is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the .original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. EXPIRATION: The Administrative Short Plat approval will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-7-070.M. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use deCision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by tre Court. ERC and Short Plat Report -Merlino Short Plat / I i "' ~: co ,. r '" ~. , . ~ '< • I .. , • • EXHIBIT 2 SITE MAP MERLINO SHORT PLA T ~PE.s!GN "'~""'_""'R'P' .. __ ot!XI fNeINest'N;;;' HA",,'liNC;· ,L 4--' • • <,I ,,-'/ \ II ! Ii ..I" 1\ ., ... , I , I Ii , I EXHIBIT 3 '" l r ! I, ~ .' ·to';'" & ! ' : " , • A 0, , '-"""- '.ne'9J'~ .. ,,~~ T ".' •• "[" • " " ,/ / /','.' " EXHIBIT 4 PREUMINARY GRADING & /JT1UTY PlAN MERLfNO SHORT PLA T MERLINO LAND DEVELOPMENT Co., INC. • 17..;) In ~l!,; ~:r .1 ::or:!:Dnl:i1 I !~ -.:: 'I : I' '/ l .> • ~ ~ ~ ~ ~ " ~ i'l ~ , ~ '. ~ ~ ~ .~ ~ ~ ~ '" , ~ " ~ j\!' 1m i! ~ ~ ~ 0 ."l ~ ;= wr illEWM5EN P,.g..o£CT .. __ CE;R ,! ' i. I \ i.I' \ I I' 0 ifIl!l ~ m ~ ~ ;= .. ~ ~"it, . ~~ ~~& -~,,~ , ~~a , I [11 I ! J '! ! i , /~I =-= Isdt , EXHIBIT 5 MERLINO MERLINO LAND DEVELOPMENT co., INC. J(J!!O IS! AI(" S SlAW I ZAnt.£, .. 1IIIiJ6 0 n 0 Z n ~ ~ ~ !~l ~ r > q z ~ I ~ " I ~ ~~ 0 c r II ~ ... _ ... _- ~-..... - Ii. i \ l"tl·/-- - - t V> r ii [;1 . -; " .~ I.CICLE CREE K ENGINEERS Geotechnical, Geologic and Environmental Services April 23, 2014 Merlino Land Development Co., Inc. Attn: Gary Merlino 50501" Ave S, Suite 102 Seattle, Washington 98134-2400 1.0 INTRODUCTION Report Geotechnical Engineering Services Critical Areas Report Merlino Short Plat Proposed 7-Lot Residential Development Renton, Washington ICE File No. 0864-002 This report summarizes the results of Icicle Creek Engineers' (ICE's) geotechnical engineering services for a Critical Areas Report related to our evaluation of the Merlino Short Plat (referred to as the Merlino Property in this report) 7-Lot Residential Development located southwest of the intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The Merlino Property is shown relative to nearby physical features on the Vicinity Map, Figure 1. The general layout of the Merlino Property is shown on the Site Plan, Figure 2. Our services were completed in general accordance with our Proposal dated January 31, 2014 and were authorized in writing by Gary Merlino of the Merlino Land Development Co., Inc. (MLDC) on January 31, 2014. 2.0 SCOPE OF SERVICES The purpose of our services was to review available geologic and geotechnical information and complete a site visit as a basis for evaluating Critical Areas (Geologic Hazards) consistent with the City of Renton Municipal Code (RMC) 4-3-050 (Critical Areas Regulations). Our evaluation of Critical Areas provides recommendations for mitigation, as appropriate, for these areas. Specifically, our services included the following: • Review readily available information concerning project site topography, geology, soil conditions and other relevant site characteristics. Published materials include geologic maps prepared by the US Geological Survey and the Washington State Department of Natural Resources, and geotechnical reports prepared for the 1-405 widening project. • Complete a geologic rec( (Protected Slope) areas. • • Evaluate the presence of ( Coal Mine Hazards, Lands' defined by the RMC. 29335 NE 20th Street. Carnation. Washin! Entire Document Available Upon Request EXHIBIT 6 :ular emphasis on Steep Slope ?rotected and Sensitive Slopes), Izards, and Volcanic Hazards, as • (425) 333-0093 phone. (425) 996-4036 fax • • ICICLE CREEK ENG I NEE.R S Geotechnical, Geologic and Environmental Services April 23, 2014 Merlino Land Development Co., Inc. Attn: Gary Merlino 5050 1" Ave S, Suite 102 Seattle, Washington 98134-2400 1.0 INTRODUCTION Report Geological Engineering Services Coal Mine Hazard Assessment Merlino Short Plat Proposed 7-Lot Residential Development Renton, Washington ICE File No. 0864-001 This report summarizes the results of Icicle Creek Engineers' (ICE's) coal mine hazard assessment for the Merlino Short Plat (referred to as the Merlino Property in this report) 7-Lot Residential Development located southwest of the intersection of South 7'h Street and Cedar Avenue South in Renton, Washington. The Merlino Property is shown relative to nearby physical features on the Vicinity Map, Figure 1. The general layout of the Merlino Property is shown on the Site Plan, Figure 2. Our services were completed in general accordance with our Scope of Services and Fee Estimate dated April 22, 2009 and our Proposal dated February 4, 2014; these services were authorized in writing by Gary Merlino on April 24, 2009 and March 17, 2014, respectively. 2.0 BACKGROUND INFORMATION ICE previously completed coal mine hazard assessments of the subject property for a previous property owner, GWC, Inc. (GWC); the results of those assessments are presented in our reports dated January 17 and June 10, 2005. Those reports included the Merlino Property as well as additional property that GWC owned to the east and south of the southerly part of the Merlino Property. ICE also completed a hydrogeologic report for GWC dated March 24, 2006 and a geotechnical report for GWC dated September 30, 2005. The approximate locations of subsurface explorations completed on the Merlino Property for those 2005 studies are shown on Figure 2. In addition, ICE completed a geotechnical critical areas report of the Merlino Property; the results are summarized in our report dated April 23, 2014. We understand that, subsequent to the reports we prepared in 2005 and 2006, GWC sold the portion of the GWC property that lies between Cedar Avenue South (and its southerly extension) and Interstate 405 (1-405) to the Washinj IWSDOT) because preliminary plans for 1-405 widening indic, Entire Document lepending on final 1-405 roadway configuration and the ne. Available Upon Request ,'ter, as part of the 1-405 widening project, WSDOT's design-b -405 Corridor Design Builders (CDB), EXHIBIT 7 29335 NE 20th Street. carnation, Was :om • (425) 333·0093 phone. (425) 996-4036 fax I L Preliminary Technical Information Report . Project Manager: Prepared by: Date: Revised: Core No.: FOR MERLINO SHORT PLAT CITY OF RENTON KING COUNTY, WASHINGTON Lafe Hermansen She,' -- Apr 041, Entire Document Available Upon Request EXHIBIT 8 14711 N!:. 29rh ['lace, Suita 101 Bclkll'uQ, WlI5hir)lJlon 98007 Ph 425.885.7877 www.cored6$lgninc.com associate. ear t h 5 C ie nee 5 inc 0 r p 0 ra ted May 23, 2014 Revised Ma:y 29, 2014 Project No.KE140299A CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF ASSOCIATED EARTH SCIENCES, INC, ASA CONSULTANTAl~ ADVISOR This agreement has been entered into at Associated Earth Sciences, Inc. 911 Sill Avenue Kirkland, Washington 98033 on this 29'h day of May 2014 between Client: City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Attention: Clark H. Close. hereinafter referred. to as "Client," and Asso.ciate4 Earth Sciences, Inc. (AESI) , hereinafter referred to as "Geotechnical Consnltant," for mutual consideration as hereinafter set Corth: 1.0 The description and location of' the project on Which the Client contracts the Geotechnical Consnltant's services are: The subject site consists of property located at 700-800 Block of Ce4ar Ave.S. / PlD 202305- 9085 and' 000720-0194 in Renton, Washington. Based. on our discussions with you, we understand that, as part. ora proposed seven-lot residential development at the subject site, two reports were prepared by ICicle Creek Engineers, Inc. (Icicle Creek). We understand that the City of Renton has 'a concern regarding the potential for instability on the steep slope at the subject site, both during. and after construction of the proposed improvements. Specificareas of concerns include the following items: 1) existing slope versus designed. slope and their respective factor of safeties: ')\ ",.11 rl~.;"n. A"~~ nMnMorl ";11 AU recently constructed steep slopes; 3) increased draiIJllg Entire Document n steep slopes and drainage Kirkland Office 1 91' Everett Office 1 2911 )\ Hi Tacoma Office 11552 Comri Available Upon Request EXHIBIT 9 J1 FI425.827.5424 59-0522 F 1 425.252.3408. ,122.2992 F 1 253.122.2993 I May 23, 2014 Revised May 29, 2014 Project No. KE140299A as S 0 ci at e • ear t h s c ie nee s incorporated CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF ASSOCIATED EARTH SCmNCES, INC. AS A CONSULTANT AND ADVISOR This agreement has been entered into at Associated Earth Sciences, Inc. 911 5 th Avenue Kirkland, Washington 98033 on this 29 th day of May 2014 between Client: City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Attention: Clark H.Close hereinafter referred to as "Client," and Associated Earth Sciences, Inc. (AESI) , hereinafter referred to as "Geotechnical Consultant," for mutual consideration as hereinafter set forth: 1.0 The description and .location of the project ou Which the Client contracts the Geotechnical Consultant's services are: The subject site consists of property located at 700-800 Block of Cedar Ave. ·S. / PID 202305- 9085 and ooonoco 194 in ReIlton, Washington. Based. on our discussions with you, we understand that, as part of a prpposed seven-lot residential development at the subject site, two reports were prepared by Icicle Creek Engineers, Inc. (Icicle Creek). We understand that the City of Renton has a concern regarding the potential for instability on the steep slope at the subject site, both during .and after construction of the proposed improvements. Specific areas of concerns include' the following items: 1) existing slope versus designed slope and their respective factor of si\feties; .2) wall design over proposed fill on recently constructed steep slopes; 3) increased drainage discharge onto WSDOT downstream steep slopes and drainage Kirkland Office I 911 Fifth·Avenue 1 Kirkland, WA 98033 P 1425.827,7701 FI 425,827.5424 Everett Office I 291.1%.Hewitt Avenue, Suite 2 I Everett, WA 98201 P 1 425:.259-0522 F 1 425.252.3408 Tacoma Office I 1552 Commerce 5treet"Suite 102 I Tacoma, WA 98402 p·1 253.722.2992 F I 253.722.2993 www.aesgeo.com EXHIBIT 9 • • ditch and how it would affect toe issues for that existing slope; 4) soil liquefaction; 5) slope stability analysis; 6) anticipated weights before and after constructed plat (weight analypis would assume full water weight of soils per cubic feet due to required flow control BMPs for each home.); 7) coal seam impacts from past boring records; and 8) effectiveness of proposed mitigating measures for impacts. AESI has been requested to perform a geotechnical peer review of the Icicle Creek reports. 2.0 Geotechnical Consultant agrees to provide the following services: Our work will be limited to an independent peer review of the Icicle Creek reports, as they relate to the steep slope;. the proposed project, and the Renton Municipal Code (RMC) Critical Areas Regull\tions (RMC 4-3-050), to provide our geotechnical opinion regarding the proposed improvements, given the information provided in the Icicle Creek reports. No subsurface explorations will be conducted. The [mdings of our study will be provided in a written letter. 3.0 Client confirms that the Geotechnical Consultant has explained the full range of services it offers and the manner in which they could be applied to this project. Client also confirms that he has understood the value and benefit of these services and has of his own accord decided upon those identified in paragraph 2.0 above. Client agrees to hold the Geotechnical Consultant harmless for claims of any kind that may arise from any source due to the Geotechnical Consultant's failure to provide services that Client has specifically not included in the list of services identified in paragraph 2.0 above. Client further agrees to indemnify the Geotechnical Consultant for the cost of defending any such claims and any awards or settlements resulting therefrom • . 4.0 The Client accepts that all services are provided in. accordance with the attached Schedule of Charges and General Conditions "A," which are made a part of this contract by reference. Client further agrees to compensate the Geotechnical Consultant for their services, and to reimburse the Geotechnical Consultant for expenses incurred on Client's behalf as follows: Time and Expenses Estimate: ................................ $3,500 to $4,000 Our work would be conducted on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions "A." Any additional services beyond the authorized scope of work that are conducted by AESI at the request of the Client would also be conducted on a time and expenses basis in accordance with our Schedule of Charges and General Conditions "A." Such additional services include, but are not necessarily limited to project meetings, site visits, or other geotechnical consultation to address non-scope issues that may arise during the course of the project. 2 ~~~~~------------- I ~ ~ ---~---~ ~~~- • • \ If\ unusual or unanticipated conditions are encountered that would involve additional costs, we would immediat~y notify you to discuss modification of the study. Additional authorized services would be. provided as outlined on the Schedule of Charges. 5.0 The person signing this contract for a business entity attests that they are empowered to~ act on behalf of the business. If this agreement'meets with your approval, please sign in the space provided tielow,and send one copy to our Kirkland office address: AESI, 911 S'h Avenue, Kirkland, Washington 98033, to serVe as formal authorization to proceed. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington The undersigned has reviewed and accepts the attached General CODditions "A". ~tsr6ArUi-UtvVcr- . C ient Date Authorized Representative Signature 0ell\ I'll -fe-y -r: Hen Vllvt'(T Client (Please print name) Attachments: Schedule of Charges/General Conditions "AM BLBlid KBI40299A2 Projec"I2OJ40299IKElWP 3 • • Effective February 1,2014 ASSOCIATED EARTH SCIENCES, INC. SCHEDULE OF CHARGES Our compensation will be determined on the basis of time and expenses in accordance with the following. schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as follows: Personnel Charges -Engineers, Hydrogeologists, Geologists, Scientists, and Technicians Sr. Principal ................................................................. $l90.00lhour Principal ...................................................................... $ 165.001hour Sr. Associate ................................................................ $150.00/hour Associate ......... , ........................................................... $140.00lhour Senior ......................................................................... $130.00lhour Sr. Project ................................................................... $120.00Ihour Project. .. : .................................................................... $IIO.OOlhour Sr. Staff ........................................................................ $95.00lhour Staff ............................................................................. $80.00lhour .Legal Testimony (4 hour minim1l1l!) .................................... $250.00Ihour Other Personnel and Disbursement Charges CAD Operator and Workstation .......................................... $90.00lhour Prints -Sizes A and B ........................................................ $2.00/each Prints -Sizes C, D, E, and F ............................................... $5.00/each ProjeCt Assistant ............................................................. $75.00lhour Laboratory Technician ..................................................... $70.00Ihour Clerical, Word Processing, etc ............................................. $58.00/hour Computer Services (GIS) ................................................... $85.00/hoUr Mileage .... , ........................... , ................... , ..................... $0.65/miIe Four Wheel Drive Vehicle ................................................... $0.80/mile Per Diem ....... : ............................................................. To be established on a project basis Subcontractors and Miscellaneous Expenses ..... , .................... cost plus 15% Water Level Data Logger ................................................. $50.00/mouth Barometer Data Logger ................................................... $40.00/l)1onth Laboratory Charges Amended Topsoil Bioretention Suite .................................... $770.00/each Atterberg Limit .............................................................. $llO.00/test. Combined Sieve and Hydrometer ....................................... $193.00/test Consolidation ................................................................. $385.00/test Constant Head Permeability (ASTM:D2434-68) ..................... $385.00/test Direct Shear ....... " ........................................................ $385.0013 point test . Ethylene Glycol Test (3 rock minimum) ............................... $115.00 Hydrometer .................................................................. $165.00/test Moisrure Content ............................................................ $25.00/test Organic ConteDl ............................................................. $70.00/test Percent Passing #200 ....................................................... $60.00/test Permeability-Fines (Falling Head) "",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $200.00/test Permeability-Granular Soils (Falling Head) ....... " .................. $200.00/test Proctor ASTM:D-1557 and ASTM:D-698 ............................ $200.00/test Sand Equivalent ............................................................ $110. OO/test Sieve with Organic Bnrn ....................... ; ........................... $170 .OO/test Sieve with Wash #200 ..................................................... $110.00/test Specific Gravity :I-#4 ...................................................... $65.00/test Specific Gravity -#4 ........................................................ $70.00/test Other laboratory tests and equipment rental will be provided on a per job basis. Otargc2014-Rtgl -WP\Unda\SD-2014 " . \ • ~1l-5'" Avenue, Suite 100 Kirkland, Washington ~8033 (425) 827-7701 0 FAX (425)827-5424 • ASSOCIATED EARTH SCIENCES, INC. . GENERAL CONDITIONS "A" 2911 ~ HeWitt Avemie, Suite 2 . Everett, Was~ington 98201 (425) 259-0522 o· FAX (425) 252-3408 Effective .T1I1:),2010 l5529nmnerce Street, Suite 102 Tacoma, Wasbington 98402 (253) 722-2992 ;, FAX (253) 722-2993 ~~~. . . . The Client shall provide AESI legal a~ to andJor obtain permission for AESI to enter on all 'Property. 'whether Or not owned. by Client. as necessary f9f AESI. to perform:and complete itS work. Client is responsible to provide, by map or drawing, a description of the-property, its locatio:n. and the location of any buried utilities or. structures, including but not limited to, underground. storage tanks. Any da~mige thatrcsuIts to 'a buriedutility," o'r to Associated Earth Sciences, Ioc. (AESl) or subcon!I1lCtDI equipment, will be the responsibility. iJf the clienL Also, any additionalcl!ar&es for exploratory work, due to enCountering the utility, will beth. responsibility of the client. We:will!"lre reasooable precautions to minimize<lamage from use of equipment, bothave not in~lu~¢ in our fee,the cost foi re~toration of ~ge which maY result from our ~erations.. -- lIazardous'Substances &: ~ Cuttings . ' Client warrants that; prior to AESI beginning work; it will provide AESI with all information knowp, orwbichreasoriabl~ could lie known by Client concerning the past or present use of the property and the nature and existence of any hazardous cOnditions or materials, on, in, UDd~. adjacent to or near the property. Wheil hazardous substances are known; assumed or ~p~ to exist at a site. AESI is required ~ !ake'appropriate precautions to protect the heallb and safety of it. personnel; to comply with applicable laws and regoi,tions, and to follow procedures that AESIdeems prudent to minimize physical risks ~ its,personite1 and the public. HaZard,ous substances may exist at a site where there is no reason to believe they could or should be present. AESI and Client agree that the discovery ,of 1Jm!llticlpated hazardous substances constitutes a changed condition mandating a renegotiation of the scope of work: or teitnination of services. AESI. and Client $0 agreenhanhe discovery of unanticipated hazardous substances may make it necessary for AESI to take immediate measures to protect human heahh and.,afety, and/or the enyironment. AESI agrees !lJ notifY Clic:nt·as. soon as P'1'ctlcaTIy p.ossible should unanticipated hazardous substances or suspected hazardous substan~ be encountered. ~t encourages AESI to take any and ap. measures that ~AESI's professional opinion are justified to preserve and protect the health and safety of AESI', pernonnel and file public, and/or the envfromnent, and Client agrees !lJ compensate AESI for the additional co,t of such work, In additiori, ClIent,!,.aivC8 any c1aim againstAESf, and agrees to~, defend and hold AESI harmless from any c1ahn ,qr liability for ,injury 'or loss arising from ~rs~ encountering of unanticipated hazardous substances or suspected hazardous substances. Client also agrees to compensate AESI for. work performed in defense of any such claim, with such compensation to be based upon AE$l's prevailing fee. schedule and "'pense rcimbursemenl policy. Clleitt recogoizes that, when iii. known, assumed· orsuspected thathazaIdous. sub_cos exist beneath the surface of the project site, ceitain waste materials, such as drill cuttings and drilling fluids, should be handled as if contaminated, ACcoidingly, to protect humanheaJth and safety as.well as the environment, AESlwill appropriately coDt:rln and label snOb materials; will promptly inform Client ,that such conlJrinerization and labeling has been performed, and will leave the containers on site for proper, lawful removal, trnnsport aud disposal byClient. Client waives any clabn againstAESl and/or its professional staff, and agrees to defend, indemnify and bold AESI andlor its professional staffharmless from any clabn or liability for injury or loss which may arise as a result of the drill cuttings t drilling fluids, or other assumed hazardous 'substances .being left on site after their contain¢zati~n ~y AESL Client also agrees to compensa1e AESI'for any·time spent and expenses incurred by AESI in defense of any 'such claim. with stic4 Compensation to be based. upon AESI's prevailirig.fee schedule·and expense reimbursement policy. AESI will act onbdrnlf of Client to aJT'!Ilge for lawful removal, transport and disposal of hazardous substances and potentially contaminated drill cuttings, drilling fluids and wash water. if Client so requests. and Client agrees to compensate ARSI based upon AESl's prevailing fee schedule and expense reimbun;ement. . Soil, rock, water andIor olber samples obtained from the project site are beId by AESI for no longer than 30 calendar daYs after the isStiBnce of any doCument that includes the data, obtained from them. unless olber arrangements are mutuallY agreed upon in writing~ Sho!:lldany of ~ese samples be contami~ted by hazardous substaIices or suspected. hazardous substances, it is CHent's responsibilJtY to select and arrange for law~l disposal procedures, th~ is, procedures which encompass removing the contaminated samples fromAESl' s custody arid transpor#ng them to an authorized disposahiite. Glicntis advised lhat, in all cases, prudenceandgoodjndgment should be applied in se1ecting and ammging for)awful disposalvrucedurcs. AESI will act on behalf of Client to.ammge for laWful removal, transport and disposal ofbazartlDus substmcesifClient so requests, and Glient agrees to compensate AESI based upon AESI' s prevalling fee schedul~ and expense reimbursement. Due to the risks to which AESI is exposed, Client agrees to waive any claim against AESI and/or i1l; perronnel, :ind to defeiul, indemoify and bold AESI and/or its personnel harmless from-any claim or liability for iIijury I?r loss arising'f~"Om AESl's containing. label~g, transporting, 'testing, storing or o.ther handling of contsminated samples. Client also agrees to compensate AESI for any time spent and expenses incUrred by AESI in defense of any such claim, with snch compensati0ll tobe.based upon AESI's previriling fee schedule and expense reimbUlliemeDt poliCy. . Aquifer COntamination $ubsurface drilling , and sampling may result in Unavoidable contamination of certain subsudace areas,.as when a probe or boring d,evice moves through a contaminated area, linking, it to an aquifer, underground. ~ or other hy~ous body not p~ously contaminated and'capable of spreading hazardous substmces off-site. Because subsurface Sampllng is a necessary aspect of the work which AESI will p<:rrorm on Client's bclJalf. Client waives any c1aim againstAESI and/or its per,onnel, and agrees to defend, indemnify and bold AESI and/or its personnelbanoJess from any claim or liability for injury or loss ~ch ~y arise as a result of aIlegfX.i cross~contamination cagsed by drilling or ~ampling. Client further agrees to compensate AESI for any time spent or expenses incurred by AESI in defense of any S!lCh claim, in accordance with ARS!'s prevailing:fee schedule and expense reimbursement policy. Ownership ~ Documents All designs, drawings, specifications, notes, data. sample materialS (exclusive ofhazardous substances), report reproducibles ami other work deve10ped by ~I ~ ~ents 'of service ~ as such remain th* property of Assoc:iated ~ Sciences, Inc. ' ThIrd )'artie<. . All services performed by AESI and/or its personoe! noder this agreement are intended soiely for the.benefit of the client. Nothing contained herein shall confer any rights upon or create any duties on the part of AESI and/or its personnel towanhny person or persons nora party to this agreement including, but not limited to ,any contractor, subcontractor, supplier, or the agents~ officers, ~ploy~. insurers" or sureties of any of the,above. AESI ~hall oOt be responsible for the means. meth04s. or ~~ ~f construction, nor fqr safety onthe job sit;e. nor for the conn:actor' s failure to carry out the work iii accordance with the cop.~ doc~. . . ----------------------- • • Insurance Associated Earth Sciences, Inc. mainlain, General Liability Insurance for bodily injury and property damage with an aggregate limit of $1,000,000 per occurrence and we will furnisb certificates of such insurance upon written request. Our liability to the,Client for bodily injwy or property damage arising out of work perfonned. for the Client for wruch legal liability may be found to rest upon os. other tban for profe.ssional errors and omissions, will be limited to our General Liability Ins~ce coverage. AFS[ also maintains professional errors and omissions insu~ce. We will furnish certificates of such insurance upon written request.. . S1andard of Care Services perfonned by AESI under this agreement will be condueted in a manner consistent with that level of care and slcill ordinanly exercised by IDe!Xlbers . of the profession currently Pr;Jcticing in the same locality lDlder similar conditions. No other representation, express or implied. and no warranty or guarantee is included or intended in this agreement or in any report. opinion, and document or otherwise. Limitation of IJab16ty (Option A -Lesser 01) . . To !be fulIest extent pennitted by law, the total liability of AESI and itS principals; personnel and employees, to Client and anyone claiming by, througb or under Client, for any and all claims, losses. costs or damages whatsoever arising ont of, resulting from or in any way reJated to the Project or this Agreement from any cause or causes. including but not limited to the negligence. professional errors or oniissions. strict liability, breach of contract or breach of warranty express'or implied of AES! or irs priocipals, employees or personnel ,ball not exceed $50,000 or the total colDJlCllS3tion received by AESI under this Agreement. whichever.is less. Option ~ -amonn! paId To !be funest extent permitted by law, !be total liability of AESI and irs priocipals, personnel and employees, to Client and anyone claiming by, through or under Client, for any and aU claims, Josses, costs or damages whatsoever arising out of. resulting from or in any way related to the Project or this.Agreement frOm any cause or causes. including but not limited to the negligence, professional ~rs or oinissiom. strict Iiabi,li1;Y, breach of contract 9r breach of warranty express or implied at AESI or its principals. t1;DP1~Yecs or personne1 shall not exceed the totBl compensation received by AESI under this Agreement. The Client further agrees to requite of the contractor and his subcontractors an identical limitation of AESI's and/or its personnel',s liability for damages suffered by the contractor OT subcontractorS' arising from the professional acts, errors, or omissions of AESI andlor its persoIUlel. Increased liability limits may be negotiated upon Client's written request, prior to commencement of services. and upon Client's agreement to pay ail additional fee commensurate with the increased risk. Any such iocreased limit of liability shall be. established by written agreement signed by Client and AESI. As used in this paragraph. ,the term "Ilability~ means. liability of any lcind, wbether in contract, tort, strict liability or otherwise, for"'IV aod all iI1juries, claims, losses, expenses, or damages arising out of ar'in any way related to services provided by or thro~ f£SI. . " Waiver of Consequential Damages Client expressly waives as to AESI all claims fur lost profit or any other indirect, incidental or consequential damages of any nature. IndemnificaHon . Client shall indemnify, defend, and hold AEsr and/or its perSonnel harmless against all claims ,.damages, losses, and expenses, including but not limited (0 attorney's fees and cotnt costs arising aU! of or in any way related to !he seIVices provided by or through AESI; provided that sucbindemnificatlon shall not apply to claims, damages, losses or expenses that arise out of bodily injnry to persons or damage to property to the extent caused by ABSI's sole negilgencc:; provided further that Client shall indemnifY AESI against liability fur damages,losses, or expenses arising out 'of bodily injnry to perSons or damage to property and caused by or res.ulting from the coucurrent negligence of Client, irs agenrs or employees and AESI, only to the extent of 1)1e negligence of parties othat \han AESI. ' CLIENT.AJIID AESI AGREE THAT TIlE PRECEDING PARAGRAPHS RELATING TO LIMITATIONS OF IJABILITY, WAIVER OF CONSEQUENTIAL DAMAGES AND IND~FICATION WERE MUTUALLYNEGOTl,ATED AND THAT BUT FOR TIlE INCLUSION OF THOSE PROVISIONS AESI WOULD NOT B,AVE ENTERED ,INTO TIllS AGREEMENT, OR AESI'S COMPENSATION UNDER THIS AGREEMENT WOULD HAVE BEEN IDGHER, .' Stability of Slopes, . . The Client also recognizeS that: risk is. inherent with any site inv9lving slopes and Client agrees to accept full responsibility for th~e risks. Client states that he understands that the infonnationobtained or recommendations made may help to reduce the Client's risks and that no amount of engineering or geqlogic analysis can yield a guarantee of stable slopes. Therefore, in cases where there is no fuult (i.e. no professional errors, omissions or negligence), Client agrees to hold hanDless, defend, and indemnify AESI and/orits professional staff for claims from any source in !he event ofslcpemovement aod any damage resulting. . Attorneys'Fees In the event the Client makes a claim against ABSI and/or its personnel, at law or otherwise, for· any alleged eaur, omission or other act or failure to act arising ont of this agreement, and the Client fails to prove such claiin or prevail in an adversary proceeding, then the Client shall pay all costs incurred by AESI, andlor its personnel, in defending against !he claim. In all other legal proceedings between the parties, !be prevailing party shall be entitled to recover reasonable attnrney" fees and costs, including expert witoess fees and aU litigation related expenses. BllDng , , Invoices will be S1lbmitted'once per month aod are payable upon receipt. Interest of 1-lJ2 % per month (but not exceeding !be maximum rate allowable by law) will be added to any account not paid within 30 days. Termination In the event that the Client requests tenn?:nation of the work prior to completion, we reserve the right to complete such analyses and records as required to place our files in order as we consider necessary to protect our professional repmation. At our discretion, ~ tf;Imination marge may also be made to cover our proposal and administrative costs relating to the project. PrIority of Provisions The provisions of these General Conditions supersede all other terms and' cpnditions of the agreement between Client and AESI. Client Initials --- \ aSSOciate_ earth sciences incorporated June 30, 2014 Project No. KE140299A City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Attention: Mr. Clark H. Close Subject: Letter of Opinion -Geotechnical Third-Party Review Merlino Short Plat Dear Mr. Close: , 700-800 Block of Cedar Avenue South Renton, Washington As requested, we have reviewed provided documents related to the proposed Merlino Short Plat project, located at the 700-800 block of Cedar Avenue South (King County Parcel Nos. 2023059085 and 0007200194) in Renton, Washington. Based on our discussions with you, we understand that, as part of a proposed seven-lot residential development at the subject site, two reports were prepared by Icicle Creek Engineers, Inc. (Icicle Creek). We understand that the City of Renton has a concern regarding the potential for instability on the steep slope at the subject site, both during and after construction of the proposed improvements. Specific areas of concerns include the following items: 1) existing slope versus designed slope and their respective factor of safeties; 2) wall design over proposed fill on recently constructed steep slopes; 3) increased drainage discharge onto Washington State Department of Transportation (WSDOT) downstream steep slopes and drainage ditch and how it would affect toe issues for that existing slope; 4) soil liquefaction; 5) slope stability analysis; 6) anticipated weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control best management practices [BMPs] for each home.); 7) coal seam impacts from past boring records; and 8) effectiveness of proposed mitigating measures for impacts. Associated Earth Sciences, Inc. (AESI) has been requested to perform a geotechnical peer review of the Icicle Creek reports. For our review in preparing this letter, we have been provided with the following project-related documents: Kirkland Office Everett Office I 291l Tacoma Office I 1552 t Entire Document Available Upon Request EXHIBIT 10 !7.7701 FI425.827.5424 125.259'()522 F I 425.252.3408 I 253.722.2992 F I 253.722.2993 June 30, 2014 Project No. KE140299A City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Attention: Mr. Clark H. Close associate • earth sciences inCOi porateeJ SUbject: Letter of Opinion -Geotechnical Third-Party Review Merlino Short Plat Dear Mr. Close: 700-800 Block of Cedar A venue South Renton, Washington As requested, we have reviewed provided documents related to the proposed Merlino Short Plat project, located at the 700-800 block of Cedar Avenue South (King County Parcel Nos. 2023059085 and 0007200194) in Renton, Washington. Based on our discussions with you, we understand that, as part of a proposed seven-lot residential development at the subject site, two reports were prepared by Icicle Creek Engineers, Inc. (Icicle Creek). We understand that the City of Renton has a concern regarding the potential for instability on the steep slope at the subject site, both during and after construction of the proposed improvements. Specific areas of concerns include the following items: 1) existing slope versus designed slope and their respective factor of safeties; 2) wall design over proposed fill on recently constructed steep slopes; 3) increased drainage discharge onto Washington State Department of Transportation (WSDOT) downstream steep slopes and drainage ditch and how it would affect toe issues for that existing slope; 4) soil liquefaction; 5) slope stability analysis; 6) anticipated weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control best management practices [BMPsj for each home.); 7) coal seam impacts from past boring records; and 8) effectiveness of proposed mitigating measures for impacts. Associated Earth Sciences, Inc. (AESI) ·has been requested to perform a geotechnical peer review of the Icicle Creek reports. For our review in preparing this letter, we have been provided with the following project-related documents: EXHIBIT 10 Kirkland Office 1 911 Fifth Avenue 1 Kirkland, WA 98033 P 1425.827.7701 FI425.827.5424 Everett Office 1 2911 )\ Hewitt Avenue, Suite 2 1 Everett, WA 98201 P 1 425.259-0522 F 1 425.252.3408 Tacoma Office 11552 Commerce Street, Suite 1021 Tacoma, WA 98402 P 1253.722.2992 F 1253.722.2993 www.aesgeo.com • • Geotechnical Reports: Report -Geotechnical Engineering Services Critical Areas Report Project Plans: Merlino Short Plat -Proposed 7-lot Residential Development Renton, Washington Icicle Creek Engineers, Inc. Dated April 23, 2014 Report -Geotechnical Engineering Services Coal Mine Hazard Assessment Merlino Short Plat -Proposed 7-lot Residential Development Renton, Washington Icicle Creek Engineers, Inc. Dated April 23, 2014 Preliminary Short Plat -Merlino Short Plat Core Design Sheets POI through P04 Dated March 2014 1-405 1-5 to SR 169 Stage 2 -Widening and SR 515 Interchange 1-405 Corridor Design Builders As-Built Sheets 26 through 30, 107 and 108 Dated August 14, 2009 (Sheets 28 and 29 dated May 27, 2011, Sheet 30 dated March 18,2011, and Sheet 107 dated April 2, 2010) The April 23, 2014 Icicle Creek Critical Areas Report includes a review of available documents, including those related to the Reinforced Soil Slope (RSS) constructed at the western portion of the site as part of the 1-405 widening project, describes site conditions as observed during a site reconnaissance, and presents recommendations for development relative to the steep slopes at the site, including building setback recommendations. The April 23, 2014 Icicle Creek Coal Mine Hazard Assessment includes the results of subsurface exploration and document review related to the Renton Mine, located in the vicinity of the subject site. Based on the results of their subsurface exploration, Icicle Creek provides recommended updated delineations for high and low coal mine hazard areas at the subject site, along with recommendations for site development, given these delineations. The March 2014 Core Design plans include preliminary grading, utility, and landscaping plans for the subject project. The 1-405 as-built sheets include those related to the RSS constructed at the western portion of the subject site. Based on our review of the provided documents, we present the following comments as they relate to the above-mentioned areas of concern presented by City of Renton staff. 2 • • 1. Existing slope versus designed slope and their respective factor of safeties Included as Attachment A to the April 23, 2014 Icicle Creek Critical Areas Report is a "Technical Memorandum, 1-405 Renton Stage 2 Design/Build Project, WSDOT Exchange Property Reinforced Soil Slope, Geotechnical Design Recommendations Memorandum, " dated August 14, 2009. This memorandum describes a slope stability analysis completed by Corridor Design Builders (CDB) for the RSS at the subject site. The Icicle Creek report states: "Page 6 of the CDB Technical Memorandum states an assumption that "structures (e.g., residences) will be constructed on the Engineered Fill in the future" and noted that the factors of safety (FOS) used in the CDB Technical Memorandum were based on that assumption. For that purpose, CDB evaluated the stability of the Engineered Fill for sliding, global stability, compound failure, internal stability, and seismic stability. The final design of the Engineered Fill required a minimum FOS of at least 1.5 for all the factors evaluated." Therefore, Icicle Creek and CDB concur that the factors of safety calculated for the RSS reflect a "post-developed" condition. We recommend that Icicle Creek review the final engineered plans to provide their opinion regarding the planned placement of the structures versus the assumptions made for the CDB stability analysis. 2. Wall design over proposed fiU on recently constructed steep slopes As shown on Plan Sheet P03, a retaining wall is proposed along the south end of the proposed cul-de-sac. Details of this retaining wall are not currently available. The April 23, 2014 Icicle Creek Critical Areas Report provides general recommendations for the types of walls available for the proposed cul-de-sac wall, and states that "The proposed retaining wall system, once the final design is known, should be evaluated by ICE for overall stability." We concur with the Icicle Creek report, and recommend that the stability of the final design of the retaining wall system be evaluated by the project geotechnical engineer. 3. Increased drainage discharge onto WSDOT downstream steep slopes and drainage ditch and how it would affeCt toe issues for that existing slope Plan Sheet P03 shows a proposed 12-inch-diameter outlet pipe extending southwesterly from the proposed detention vault and discharging at the upper portion of the existing drainage ditch. The April 23, 2014 Icicle Creek Critical Areas Report provides the recommendation that "no stormwater runoff is allowed to flow to the slope area (other than the planned discharge from the proposed stormwater detention vault into the existing rock-lined ditch that . runs parallel to and along the north edge of the existing gravel access road). We recommend that Core Design evaluate planned flow from the stormwater vault and the ability of the existing rocklined ditch to accommodate this flow." We concur with the Icicle Creek report, and recommend that this evaluation be completed by the project civil engineer and reviewed by the project geotechnical engineer. 3 • • 4. Soil liquefaction The April 23, 2014 Icicle Creek Critical Areas Report states that "no Seismic ... Hazards have been regionally mapped by the City of Renton or field identified by ICE within the Merlino Property. Thus, no recommendations for mitigation are needed." Also, the COB Technical Memorandum attached to the Icicle Creek report states that "Soils at the project site below the water table are the sandstone bedrock; therefore, liquefaction potential of site soils is very low. Surface water will be routed from the RSS and fill to prevent infiltration and possible ponding of water within the compacted fill layers and RSS." Based on our review of the exploration logs presented in the April 23, 2014 Icicle Creek Coal Mine Hazard Assessment, the subject site is underlain by bedrock. Therefore, we concur with the opinions presented above. 5. Slope stability analysis See the above comments under "Existing slope versus designed slope and their respective factor of safeties. " 6. Anticipated weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control BMPs for each home.) The COB Technical Memorandum attached to the April 23, 2014 Icicle Creek Critical Areas Report includes a soil unit weight of 130 pounds per cubic foot for the analysis of the RSS. We recommend that Icicle Creek review the final engineered plans to provide their opinion regarding the likely unit weight of the soil subsequent to construction. 7. Coal seam iinpacts from past boring records The April 23, 2014 Icicle Creek Coal Mine Hazard Assessment includes the results of subsurface exploration and document review related to the Renton Mine, located in the vicinity of the subject site. The Icicle Creek Coal Mine Hazard Assessment then delineates high and low coal mine hazard areas at the subject site and provides recommendations for site development, given these delineations. These recommendations include mitigation measures for structures, such as the stormwater detention vault or nearby retaining wall, proposed to be located within delineated high coal mine hazard areas. 8. Effectiveness of proposed mitigating measures for impacts We recommend that Icicle Creek review the final engineered plans to provide their opinion regarding the proposed structures proposed for high coal mine hazard areas, including the proposed detention vault and cul-de-sac retaining wall, for conformance with recommendations presented in their April 23, 2014 Coal Mine Hazard Assessment. 4 , • • We appreciate the opportunity to be of continued service. If you have any questions regarding this letter or other geotechnical engineering aspects of the project, please do not hesitate to call. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington Jeffrey P. Laub, .G.,L.E.G. Senior Project ngineering Geologist JPUpc KEI40299A3 Projecls\20 140299\KE\ WP 5 Bruce 1. Blyton, P.E. Senior Principal Engineer 9125 Tenth Avenue South· Seattle, Washington 98108 • (206) 762-9125 Office' (206) 766-9000 Fax 8/20/2014 Mr. Clark Close City of Renton -Current Planning 1055 South Grady Way Renton, WA 98057 Subject: On Hold Notice -Continued; Merlino Short Plat, LUA 14-000568 Mr. Close, I am writing you on behalf of Merlino Land Development Co. in order to respond to your July II th "On Hold" Notice. Below I have listed responses 'to each of your comments and requests for additional information. Please feel free to contact me should you have any additional questions. City Comments: 1) A response to the Independent Secondary Review completed by Associated Earth Sciences, Inc. (AESI). Response: Attached (Attachment A), is Icicle Creek Engineers' response to each of the items included in AESI's Independent Secondary Review. 2) Icicle Creek Engineers, Inc. Geotechnical Engineering Services, Critical Areas Report (dated April 23, 2014): Please provide 5 copies of the following attachments identified in the Icicle Creek report. Response: Attachment B -Exploration Logs: The exploration logs were a part of the Coal Mine Hazard Report. These logs were previously submitted as part of said report and thus have not been included as part of this response. Attachment C -The "Technical Specifications for the Reinforced Soil Slope (RSS)" from the 1-405 Renton Stage 2 DesignlBuild Project's Technical Memorandum are included on a thumb drive with this response. The requested report is more than 400 pages in length and thus was not printed as part of this resubmittal. Bella Bot!<:ga ... ____ Casetta LiI'lo Cava Materials Cedar Shores Land LaDenze Liberty RU\ Merlino He Merlino l.a Entire Document Available Upon Request EXHIBIT 11 MRIPark er' Strada da VaJle Sunmer Terra 2239 Fifth Avenue 601 Monster Road • r---__ e. AnMarC" 9125 Tenth Avenue South· Seattle, Washington 98108· (206) 762-9125 Office' (206) 766-9000 Fax 8/20/2014 Mr. Clark Close City of Renton -Current Planning 1055 South Grady Way Renton, W A 98057 Subject: On Hold Notice -Continued; Merlino Short Plat, LUA 14-000568 Mr. Close, I am writing you on behalf of Merlino Land Development Co. in order to respond to your July 11th "On Hold" Notice. Below I have listed responses to each of your comments and requests for additional infonnation. Please feel free to contact me should you have any additional questions. City Comments: I) A response to the Independent Secondary Review completed by Associated Earth Sciences, Inc. (AESI). Response: Attached (Attaclunent A), is Icicle Creek Engineers' response to each of the items included in AESI's Independent Secondary Review. 2) Icicle Creek Engineers, Inc. Geotechnical Engineering Services, Critical Areas Report (dated April 23, 2014): Please provide 5 copies of the following attachments identified in the Icicle Creek report. Respollse: Attachment B -Exploration Logs: The exploration logs were a part of the Coal Mine Hazard Report. These logs were previously submitted as part of said report and thus have not been included as part of this response. Attachment C -The "Technical Specifications for the Reinforced Soil Slope (RSS)" from the 1-405 Renton Stage 2 Design/Build Project's Technical Memorandum are included on a thumb drive with this response. The requested report is more than 400 pages in length and thus was not printed as part of this resubmittaL Bel1a Bcttega 1.. ____ Caserta Lago Cava Materials Cedar Shores Land EXHIBIT 11 LaDenze MJll Properties Liberty Ridge M&.M. LealU! Co. Merlino Holdings II Park Drive I Merljno Land Development Park Drive n Pier 1 Quarry Industrial Park Sea~Sal Partners SR 900 Strada da Valle Sumner Terra 2235 Fifth Avenue 501 Monster Road •• • AnMarCo 9125 Tenth Avenue South· Seattle, Washington 98108· (206) 762-9125 Office· (206) 766-9000 Fax 3) Standard Stream Study: Please provide 5 copies of a report identifying the classification of the streams identified on the plan set. This can be from a project in the vicinity, provided the stream study is within five (5) years ofthe date of complete application. Response: A new stream study was prepared by Raedeke and Associates, Inc. in order to respond to this comment. That report is included as Attachment B. ~hank ou, .... -~ /-im;)y?Iais Merlino Land Development Co., Inc. 9125 10th Avenue South Seattle, W A 98108 Ofc 206-762-91251 Fax 206·763·41781 Cell 206·255·5153 JBlais@grnccinc.com Bell. Bottega 1.. ____ Casetll! l..ago Cava Materinls Cedar Shore~ Land LaDenze lvVB Propertiell liberty Ridge M&M Lease Co. Merlino Holdings n Park Drive I Merlino Land Development Park Drive II Pier 1 Quarry Industrial Park Sea·Snl Partners SR900 Strada da Valle Sumner Terra Z235 fifth Avenue 301 Monster Road • I C I C LEe RE E K ENGINEERS Geotechnical, Geologic and Environmental Services August 6, 2014 Jimmy Blais Merlino Land Development Co., Inc. 9125 -10th Avenue South Seattle, Washington 98108 INTRODUCTION Letter Geotechnical Plans Review Preliminary Merlino Short Plat Response to Comments Geotechnical Third Party Review 700-800 Block Cedar Avenue South Renton, Washington ICE File No. 0864-002 This letter presents the results of Icicle Creek Engineers' (ICE's) response to Geotechnical Third Party Review comments prepared by Associated Earth Sciences, Inc, (AESI, dated June 30, 2014 -Items 1 through 8) for the Preliminary Merlino Short Plat located within the 700 to 800 Block of Cedar Avenue South in Renton, Washington. Our services were requested bV Jimmy Blais of Merlino Land Development Co., Inc. (MLDC). BACKGROUND INFORMATION ICE previously completed the following geotechnical reports related to the Merlino Short Plat: o ICE, April 23, 2014, Report Geotechnical Engineering Services, Critical Areas Report, Merlino Short Plat-Proposed 7-Lot Residentiol Development, Renton, Washington, prepared for MLDC. o ICE, April 23, 2014, Report, Geotechnical Engineering Services, Coal Mine Hazard Assessment, Merlino Short Plat -Proposed 7-Lot Residential Development, Renton, Washington, prepared for MLDC. MLDC provided ICE with preliminary deSign plans for the project referenced as follows: o Core Design, March 2014, Preliminary Short Plat, Merlino Short Plat, sheets POl, P02, P03 and P04. o Core Design, February 13, 2014, 1-405 LLC Short Plat, Renton, Washington, sheet 1. o Core Design, August 1, 2014, Merlino Short Plat -Response to Item No.3 of the Geotechnical Third Party Review, 2 pages. ICE RESPONSE TO THIRD PARTY REVIEW COMMENTS For the purpose ofthls letter, the title line of AESI comments will be restated In bold type, followed by the ICE response. 29335 NE 20th Street • Carnation, W .. hington98014 • wWIN.lcklecreel<englneers.com • (425) 333-0093 phone 0 (425)996·40361.x • Jimmy Blais Merlino Land Development Co., Inc. August 6, 2014 Page 2 • AESIItem No.1 -Existing slope versus designed slope and their respective factor of safeties ICE Response -As noted by AESI, the Corridor Design Builders (COB) August 2009 Memorandum (attached to ICE's April 23, 2014 Critical Areas Report), Indicated that the Reinforced Soli Slope (RSS) was evaluated for slope stability with the assumption that residence would be constructed In the level area created at the top of the RSS where It borders Cedar Avenue South. In ICE's April 23, 2014 Critical Areas Report (page 7, Section 8.2.1.1) we recommended (b) a building setback of 10 feet from the portion of the Engineered Fill slope area to .the north of Lot 1, and (c) a building setback of 10 feet from the portion of the Engineered Fill slope area to the south of Lot 7. In addition, for the analysis of slope stability for the RSS the August 2009 COB Memorandum included a "traffic surcharge" of 250 pounds per square foot (psf) across the entire level area at the top of the RSS. The 250 psf traffic surcharge is the same as for modeling a typical residential structure, though typically the surcharge would not be carried across the entire level area (the surcharge would begin 25 feet back from the top of RSS in this case to satisfy the building setback). For this reason, in our opinion the proposed siting of homes with a 25-loot setback from the top of RSS is a conservative plan and Is within the base assumptions lor evaluating the adequate slope stability factor of safety by the COB August 2009 Memorandum. ICE does not need to review the final design plans provided that the structures are of typical two-story, wood-frame construction and are situated within the building envelope for each lot as shown on sheets 1, POl and P03. AESIItem No.2 -Wall design over proposed fill on recently constructed steep slopes ICE Response -We understand that the wall design has not been finalized for the Preliminary Plat phase. ICE's response to this comment is deferred until a later phase in the plat process. AESI Item No.3 -Increased drainage discharge onto WSDOT downstream steep slDpes and drainage ditch and how It would affect toe Issues for that existing slope ICE Response -ICE reviewed the above-referenced design plan by Core Design (sheet P03) and Core Design's August 1, 2014 Technical Memorandum. Based on our review of this memorandum, Core Design has concluded that the increased stormwater discharge to the current rock-lined ditch has more capacity to convey the 100-year un detained peak flow. Based on this statement, the stormwater discharge has been evaluated and designed by Core Design to provide for safe stormwater discharge onto the slope area (within the existing rock-lined ditch), consistent with ICE's recommendation In our April 23, 2014 Critical Areas Report. AESI Item No.4 -Soli liquefaction ICE Response -This AESI comment did not requiie an ICE response. AESI Item No.5 -Slope Stability Analysis ICE Response -Same response as for AESI Item No.1. A conservative assumption using a traffic surcharge of 250 psf extending across the entire level area bordering Cedar Avenue South was used in the CDS slope stability analysis. The surcharge of 250 psf is also commonly used to model residential structures in slope stability analysis. For the current project plans, the residential structures will be setback at least 25 feet from the top of the RSS. For this reason, the slope stability analysis completed Icicle Creek Engineers 0864002/080614 • Jimmy Blais Merlino Land Development Co., Inc. August 6, 2014 Page 3 • by CBD is a conservative approach and provides for adequate factor of safety (factor of safety greater than 1.5). ICE does not need to review the final design plans provided that the structures are of typical two-story, wood-frame construction and are situated within the building envelope for each lot as shown on sheets 1, POl and P03. AESIItem No.6 -Anticipate weights before and after constructed plat (weight analysis would assume full water weight of 50115 per cubic feet due to required flow control BMPs for each home) ICE Response -In our opinion, the moist unit weight of 130 pounds per cubic foot (pcf) Is a relatively high weight for compacted soli, and certainly reasonable. We do not expect that soil moisture will Increase (thereby increasing soil moist unit weight) because roof downspouts, yard drains and driveway/yard drains will be connected to the stormwater collection system. More Impervious surface will result post-construction that would have an effect of actually decreasing soil moisture content. However, this effect Is probably not measureable or even important for considering slope stability. The important factor is that soil moisture should not Increase as a result of site development and the 130 pcf is a reasonable value to have been used in the COB slope stability analysis. ICE does not need to review the final design plans provided that the stormwater disposal from these houses and other impervious surfaces Is conveyed (rather than dispersed or infiltrated) to a closed collection system that disposes of the water at an approved location. AESIItem No.7 -Coal seam impacts from past boring records ICE Response -ICE has reviewed Core Design sheet P02 that shows the location of the High Coal Mine Hazard Areas (the hazard location Is from ICE's May 2009 DRAFT report that was prepared for MLDC) and the locations for structures (retaining wall, vault, water line) shown on sheet P03. It appears that the stormwater vault is located outside of the High Coal Mine Hazard area so no mitigation Is required for the vault associated with coal mine hazards. However, the east end of the retaining wall extends about 10 feet Into the High Coal Mine Hazard area. At this time, the specific retaining wall design has not been determined. We strongly suggest using a gravity block wall for this purpose if the wall needs to extend Into the High Coal Mine Hazard area. It also appears that a 6-inch diameter water main is proposed to extend about 25 feet Into the High Coal Mine Hazard area. The water main should be sleeved with a structural pipe capable of full support should the loss of up to 10 feet of soil under the pipe occu r. AESI Item No.8 -Effectiveness of proposed mitigating measures for impacts ICE Response -We recommend that ICE review the final design plans associated with mitigating the east end of the retaining wall and the water line that extend Into the High Coal Mine Hazard area. The' stormwater detention vault appears to be sited outside of the High Coal Mine Hazard area and does not require further review by ICE related to Coal Mine Hazards. Icicle Creek Engineers 0864002/080614 • Jimmy Blais Merlino Land Development Co., Inc. August 6, 2014 Page 4 • We trust this Information meets your present needs. If you have any questions or if we can be of further assistance, please call. Yours very truly, Icicle Creek Engineers, Inc. Brian R. Beaman, PE, LEG, LHG Principal Engineer/Geologist/ Hydrogeologist Document 10: 0864002.response Submitted via email (PDF) and surface mall (two original copies) Icicle Creek Engineers 0864002/080614 • (~iaedeke /j.,~ '1 l~ (j~ c 1 ;~ i 'l::.... it n tJ.... , ------------------------------- • Wetland & Wildlife Sciences Wildlife Ecology Landscape Architecture TECHNICAL MEMORANDUM August 8, 2014 To: Mr. Jimmy Blais, Merlino Land Development Co., Inc. From William J. Taylor, M.S. Aquatic Scientist Raedeke Associates, Inc. RE: Merlino Short Plat Renton -Standard Stream Study (RAI Project No. 2014-049-00 I) At your request, this technical memorandum is intended to provide a Standard Stream Study following the Renton Municipal Code (City of Renton 2014a) for two stream channels adjacent to the Merlino Renton Short Plat project in Renton Washington. This assessment is intended to provide a narrative of the stream and surrotmding vegetated conditions, and proposed classification of the stream channels adjacent to the site. We visited the project site on August 4, 2014 to review the existing stream chalmel and vegetation conditions. SITE LOCA nON The Merlino Renton Short Plat project site consists of two King County Tax Parcels (No.'s 2023059085 and 0007200194) located in the 800 block of Cedar Avenue S., in the City of Renton, King County, Washington. Specifically, the property is located in the northwest quarter of the northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., as depicted on the Site Map and Preliminary Grading and Utility Plan for the project by Core Design, Inc. (2014; attached). SITE DESCRIPTION The project site currently consists of a level graded terrace (Photo I), with adjacent fill slopes graded at 1.75: 1 that extend down to the Interstate 404 right-of-way to the west (see attached Site Map, Core Design, Inc. 2014). The graded terrace is dominated by grasses and various weedy herbs. The graded slopes are vegetated with sapling Douglas- fir (Pseudotsuga menziesii) and red alder (Alnus nlbra), with patches of Himalayan blackberry (Rubus armeniacus), snowberry (Symphoricarpos a/bus), giant horsetail (Equisetum Ie/maleia), and a variety of grasses. 9510 Stone Avenue N. Seattle, WA 98103 206-525-8122 www.racdclle.com Mr. Jimmy Blais August 4, 2014 Page 2 • • The two stream channels of interest occur on the parcel directly adjacent and south of the project site, in parcel-9163, owned as public right of way by the Washington State Department of Transportation (WSDOT; see attached Site Map, Core Design, Inc. 2014). The stream channels lie within the north margin of the wooded portion of the WSDOT site and flow east to west parallel to each other. They are tributary to Thunder Hill Creek and confluence with the creek shortly prior to Thunder Hill Creek passing beneath Interstate 405. Thunder Hill Creek then becomes Rolling Hills Creek, which is tributary to Springbrook Creek. No salmonids are expected to occur in Thunder Hill Creek, and likely do not exist in the downstream reaches until much lower in the system, closer to where Rolling Hills Creek joins Springbrook Creek. STREAM NARRATIVE AND CLASSIF1CATION The stream channels were previously surveyed and located on the short plat plan layout . provided by Core Design, Inc. (Attachment I). A visual assessment of the site in the vicinity of the stream channels was conducted to: 1. confirm the channel alignments' relative accuracy of location on the site plan, 2. characterize the channel conditions and riparian vegetation, and 3. provide recommended stream classifications for each stream. The two streams are identified as streams B and C, with stream B occurring farther south than stream C. Neither stream channel occurs on the map of Renton Water Classes (Renton 2014b). One site specific past report is that provided by Talasaea Consultants (2005). The Washington Department of Transportation has conducted a stream mitigation planting project in the vicinity of the lower portions of streams B and C (Ross Fenton, WSDOT, pers. comm. August 6,2014). Both stream B and stream C are very similar in characteristics. The two streams are only approximately 40 to 60 feet apart from each other, share a common riparian corridor of similar composition (Photo 2), are approximately four to five feet in bank full width, and both are incising heavily in the native soils (Photos 3 and 4). The Web Soil Survey (USDA NRCS 2014) indicates the site comprises soils of Alderwood and Kitsap soils, and Beausite gravelly sandy loam. Streams Band C merge prior to joining Thunder Hills Creek (Talasaea 2005). Stream B flows through a previously identified Class 3 wetland (Talasaea 2005) near the terminus of Stream B before joining with Stream C. This wetland was described as palustrine emergent wetland dominated by reed canarygrass (Phalaris anmdinacea) with salmonberry (Rubus spectabilis) and Himalayan blackberry (Rubus discolor) along its Mr. Jimmy Blais August 4,2014 Page 3 • • perimeter (Talasaea 2005). Soils appeared to contain a layer of sand, apparently eroded outwash from Stream B. Stream B had a very small degree of flow in the channel (approximately 0.25 gallons per minute) during our August 4, 2014 site visit, and appears it may remain marginally perennial under normal rainfall years. Because Stream B appears to be a naturally occurring, perennial, non-salmonid bearing feature, it appears to meet the criteria for a Class 3 stream per the City of Renton (2014) code, which requires a 75-foot standard buffer. Stream C originates from a stormwater outfall located at the south.end of Cedar Avenue S. (Photo 2). Similarly, ao apparent accumulation ofrnaterial eroded from the incising of the stream channel occurs at the base of the slope where the gradient flattens. This area has been revegetated (photo 5) as part of a WSDOT mitigation for replacement of the Thtmder Hills Creek culvert 1-405 underpass (Ross Fenton, WSDOT, pers. comm. August 6, 2014). Occassional high flows may continue to overflow the channel aodflow into this planting area, but incision of the channel as it circumvents this mitigation area suggests flows stay largely confined now to the channel. Because Stream C does not appear to exist in historical photographs (Talasaea 2005), and flows directly from discharge from a roadway stormdrain system, is intermittent aod non- salmonid-bearing, meets the criteria to be classified as a Class 5 stream tmder the City of Renton (2014a) code. As such the City of Renton (2014a) has no standard buffer requirements for Stream C .. VEGETATION COVER OF THE STREAM CORRIDORS As part of our site visit on August 4,2014 we characterized the vegetation of the ripariao communities of two streams (Stream B and Stream C) located adjacent to the Merlino property to the south. The drainages are located in proximity to one aoother, and in general share a riparian corridor. Vegetation in the riparian corridor in the upstream reach is characterized by a deciduous forest canopy dominated by a mixed community of big-leaf maple (Acer macrophyllum, F ACU) and balsam poplar (Populus balsamifera, F AC) extending from Cedar Avenue south approximately 200 feet. These trees are approximately 30 to 40 years in age and provide significaot shading and temperature moderation (50 to 60 percent canopy coverage) for the strewns. Very few juvenile cottonwood and big-leaf maples were observed in the upper reach, suggesting a low level of recruitment. The understory is dominated by dense stand of both native and invasive species including common snowberry (Symphoricarpos albus, FACU), Himalayao blackberry (Rubus ameniaclls, FACU), trailing blackberry (Rubus ursinus, FACU), sword fern (Polystichum munitum, FACU) and lady fern (Athyrium jilix-femina, FAC). Mr. Jimmy Blais August 4,2014 Page 4 • • The composition of the riparian corridor remains consistent in the lower reach, with big- leaf maple and balsanl poplar providing significant canopy cover (40 to 50 percent shading) over the two drainages. Trees in the lower reach are approximately 30 to 40 years in age and extend from the property boundary south through the riparian corridor. Snowberry, Himalayan blackberry, and trailing blackberry are the dominate understory vegetation. Reedcanary grass (Phalaris arundecea, FACW), herb Robert (Geranium robertianum, FACU), sword fern, and common velvet grass (Holcus lanatus, FAC) were also observed scattered throughout the lower reach. The forests cover transition to a mixture of deciduous and coniferous trees south of the drainages. A dowued balsaDl poplar of significant size (approximately 4 feet in diameter) was observed across the lower channel of StreaDl C. Other woody debris is scattered throughout the drainages and riparian corridor, providing abundant habitat opportwlities. The lower portion of Stream B flows through a small emergent wetland. The wetland receives hydrology primarily from surface flow and hydrologic connectivity between Streams Band C. At the time of our investigation, tile wetland vegetation was primarily reedcanary grass, although some Himalayan blackberry and snowberry were observed along the wetland boundaries. A series of juvenile western arborvitae (Thuja plica/a, FAC) and Oregon grape (Mahonia aquafolium, FACU) were observed planted at the base of the hill at the southern boundary of the Merlino property, likely as part of the WSDOT streaDl mitigation planting area (Photo 5). The hillside and most of the parcel have been seeded with a grass mixture for erosion controL ECOLOGICAL FuNCTIONS PROVIDED BY THE STREAM AND RIPARIAN AREA AND POTENTIAL IMPACTS Because tile stream charmels provide prinlarily storm event flows or very low base flows to Thunder Hill Creek, very little transport of organic matter or insect prey likely occurs. Existing impacts of sediment transport from continued incision of the channel likely transport sediment to Thunder Hill Creek. The riparian canopy does provide southern exposure shading of the channels adjacent to the creek. This shading will contribute some temperature control during summer storm events; however, flow to StreaDl C originates from roadway runoff from Cedar Avenue S. and so will be originally warm runoff from the street surface. Very few birds were detected during our field visit, but numerous scat from omnivorous mammals was observed, and the forested area encompassing the streams likely provides habitat for a variety of wildlife. The project site is currently level-graded in preparation for building construction, and so no additional grading is planned except for excavation of building sites, construction of the stormdrain system within the western half of Cedar Avenue S., and relocation of part of the existing WSDOT access road (see attached grading plan). Mitigation for these Mr. Jimmy Blais August 4, 2014 PageS • • impacts include erosion control and replanting after site construction and relocations of the road. Because the streams and riparian corridor occur on the adjacent property, no direct impacts to vegetation or trees will occur. It is expected that there will be less stormwater nmofffrom Cedar Avenue S. to the discharge point at the head of Stream C. In the developed conditions, storm water from the short plat and the west half of Cedar Avenue S will be collected by a proposed storm drain system in the street and drain to a combination detention and water quality vault located in the cul-de-sac on the south end of the project. TIle vault will discharge to an existing rock lined ditch on the north side of the existing WSDOT access road which heads southwest and until the bottom of the 2: 1 slope (constmcted as part of the 1-405 widening) where it drains north to a Type 2 Catch basin with a bird cage structure. From this point the stormwater drains west into the conveyance system in 1-405 and finally discharges to a WSDOT pond west ofI-405 and east of S 3rd Street. LIMITATIONS We have prepared this report for the exclusive use of Merlino Land Development Co., Inc. and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from Merlino Land Development Co., Inc. The determination of ecological system classifications, nmctions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to streams and wetlands, the final detennination of their classification or boundaries for regulatory purposes is the responsibility ofthe various agencies that regulate development activities in strean1S and wetlands. We cannot guarantee the outcome of such determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies. We warrant that the work performed conforms to standards generally accepted in our field, and prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponent and their consultants, together with information gathered in the course of the study. No other warranty, expressed or implied, is made. Mr. Jimmy Blais August 4,2014 Page 6 • LITERATURE CITED • Core Design. 2014. Site Map and Preliminary Grading and Utilities Plan, Merlino Short Plat. March 2014. Fenton, Ross. 2014. Personal telephone conununication requesting information about the vegetation planting mitigation site adjacent to Merlino Renton Short Plat. WSDOT, Bellevue, WA. August 6,2014. Renton, City of. 2014a. Renton Municipal Code. Title IV, Chapter 8-120 -Submittal Requirements, and Chapter 3-050 -Critical Areas Regulation. Current through Ordinance No. 5719, passed July 14, 2014. Renton, City of. 20 14b. Renton Water Classes Map. City of Renton Municipal Code 4- 3-050 (Q) Maps. Talasaea Consultants. 2005. Wetland study, stream assessment, habitat study, watershed restoration and mitigation plan. Revised 3 October, 2005. U.S.D.A. Natural Resources Conservation Service. 2014. On-line Web Soil Survey. http://websoilsurvey.nrcs.usda.gov. Accessed August 6, 2014. • • Photo 1. View of Merlino Renton Short Plat project site existing cond~ions . The vegetated corridor of Streams Band C is seen at the south end of the site . August 4 , 2014. Photo 2. Edge of shared canopy covering both Streams Band C through the site , and location of stormdra ln outfall orig in of Stream C. August 4 , 2014. Raede ke Associates, Inc. 2014-049-001 Me rlino -R en ton Photo Plate 1 A ugust B. 2014 ---------------------------------------------" • • Photo 3. Typical stream bed substrate and incised channel observed in Stream S, with slight flow in channel. August 4,2014 , Photo 4. Typical stream bed and incised channel observed in Stream C, August 4,2014, Photo Plate 2 R •• deke Associ.tes, Inc _ 2014·049-001 Merlino Renton August 8, 2014 • • Photo 5. Revegetated area at base of Stream C. Slope from site and WSDOT access road can be seen at upper far left. August 4,2014 . Photo Plate 3 Raadaka As.oaletas, Inc. 2014-049-001 Merlino -Ranton August 8. 2014 " l .,". I l ,-; -:: '~-'\"'\~ ~.,~'t.. .... / , ~ / Ii:! il ! I . '1((., .. '.'.\---'--71 i_ • \ :!. \ ',,: " ':'. i \ \ i " ; i I , ~ I • /!! I ~ ;:n i ! I ~I k" I!j t-a . . _ ~ 1 _ -", __ ,_~ ---1"\ u ..... "" ... _ ~ tI , , i v I I _ ......... """"""'--_. __ .- "'NI I I : .. .. ! ... ~" , , . , !" I I , I I,' IIi! II!!I dl!! -' i , i.;' ; , ,o- . , ·r I ··Y." \ :'i ) '1'1 III il! II hi -'I ri illl ! II ~I I" Ii Ii~l U I ij!!I g t l !~i'j ! ~ 1'* III ~ ~-!j I I I I i i .1 l' r." i· b t " . ~~ ! u' III • .edeke, Wetland & Wildlife Sciences Wildlife Ecology Landst'al'c Arch itectnre AssoQiates, [lie, August 8, 2014 To: From .RE: TECHNICAL MEMORAl'illUM Mr. Jimmy Blais, Merlino Land Development Co., Inc. WilliamJ. Taylor, M.S. Aquatic Scientist Raedeke Associates, Inc. Merlino Short Plat Renton -Standard.Stream Study (RAI Project No. 2014-049-001) At your request, this technical memorandum.is intended to provide a Standard Stream Study following the Renton Municipal Code.(Cityof Renton 2014a) for two stream channels adjacent to the Merlino Renton Short Plat project in Renton Washington. This assessment is intended to provide a narrative of the stream and surrounding vegetated conditions, and proposed classification of the stream channels adjacent to the site. We visited the project site on August 4,2014 to review the existing stream channel and vegetation conditions. SITE LOCATION The Merlino Renton Short Plat project site consists of two King County fax Parcels (No.'s 2023059085 and 0007200194) located in the 800 block of Cedar Avenue S., in the City of Rentol1; King County, Washington. Specifically, the proPerty is located in the northwest quarter of the northwest quarter of Section 20, Township 23 North. Range 5 East, W.M., as depicted on the Site Map and Preliminary Grading and Utility Plan for the project by Core Desigu, Inc. (2014; attached). SITE DESCRIPTION The project site currently consists of a level graded terrace (Photo I), with adjacent fill slopes graded at 1.75: I that extend down to the Interstate 404 right-of-way to the west (see attached Site Map, Core Design, Inc. 2014). The graded terrace is dominated by grasses and various weedy herbs. The graded slopes are vegetated with sapling. Douglas- fir (Pseudo/sllga men=iesii) and red alder (Alnus rllbra), with patches of Himalayan blackberry (Rubus armeniacus), snowberry (S'ymphoricarpos albus), giant horsetail (Equ;setum telmateia), ar' -. 95 IO Stone .-\ venue N. Entire Document Available Upon Request EXHIBIT 12 8122 \\'ww.nlC'de'ke.cnm ------------------------ • • eaedeke A"sociates. lilt'. Wetland & Wildlife Sciences Wildlife Ecology Landscape Architecture TECHNICAL MEMORANDUM August 8, 2014 To: Mr. Jimmy Blais, Merlino Land Development Co., Inc. From William J. Taylor, M.S. Aquatic Scientist Raedeke Associates, Inc. RE: Merlino Short Plat Renton -Standard Stream Study (RAI Project No. 2014-049-001) At your request, this technical memorandum is intended to provide a Standard Stream Study following the Renton Municipal Code (City of Renton 20 14a) for two stream channels adjacent to the Merlino Renton Short Plat project in Renton Washington. This assessment is intended to provide a narrative of the stream and surrounding vegetated conditions, and proposed classification of the stream channels adjacent to the site. We visited the project site on August 4,2014 to review the existing stream channel and vegetation conditions. SITE LOCATION The Merlino Renton Short Plat project site consists of two King County Tax Parcels (No.' s 2023059085 and 0007200194) located in the 800 block of Cedar Avenue S., in the City of Renton, King County, Washington. Specifically, the property is located in the northwest quarter of the northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., as depicted on the Site Map and Preliminary Grading and Utility Plan for the project by Core Design, Inc. (2014; attached). SITE DESCRIPTION The project site currently consists of a level graded terrace (Photo I), with adjacent fill slopes graded at 1.75:1 that extend down to the Interstate 404 right-of-way to the west (see attached Site Map, Core Design, Inc. 2014). The graded terrace is dominated by grasses and various weedy herbs. The graded slopes are vegetated with sapling Douglas- fir (Pseudo/sllga menziesii) and red alder (A/nus rubra), with patches of Himalayan blackberry (Rubus armeniaclIs), snowberry (Symphoricarpos a/blls), gjant.horsetail (Equiselum lelma/eia). and a variety of grasses. EXHIBIT 12 9510 Stone Avenue N. Seattle, \VA 98103 206-525-8122 www.racdcl{e.(,;()ln Mr. Jimmy Blais August 4, 2014 Page 2 • • The two stream channels of interest occur on the parcel directly adjacent and south of the project site, in parcel -9163, owned as public right of way by the Washington State Department of Transportation (WSDOT; see attached Site Map, Core Design, Inc. 2014). The stream channels lie within the north margin of the wooded portion of the WSDOT site and flow east to west parallel to each other. They are tributary to Thunder Hill Creek and confluence with the creek shortly prior to Thunder Hill Creek passing beneath Interstate 405. Thunder Hill Creek then becomes Rolling Hills Creek, which is tributary to Springbrook Creek. No salmonids are expected to occur in Thunder Hill Creek, and likely do not exist in the downstream reaches until much lower in the system, closer to where Rolling Hills Creek joins Springbrook Creek. STREAM NARRATIVE ANn CLASSIFICA nON The stream channels were previously surveyed and located on the short plat plan layout provided by Core Design, Inc. (Attachment I). A visual assessment of the site in the vicinity of the stream channels was conducted to: I. confirm the channel alignments' relative accuracy of location on the site plan, 2. characterize the channel conditions and riparian vegetation, and 3. provide recommended stream classifications for each stream. The two streams are identified as streams B and C, with stream B occurring farther south than stream C. Neither stream channel occurs on the map of Renton Water Classes (Renton 20 14b). One site specific past report is that provided by Talasaea Consultants (2005). The Washington Department of Transportation has conducted a stream mitigation planting project in the vicinity of the lower portions of streams Band C (Ross Fenton, WSDOT, pees. comm. August 6, 2014). Both stream B and stream C are very similar in characteristics. The two streams are only approximately 40 to 60 feet apart from each other, share a common riparian corridor of similar composition (Photo 2), are approximately four to five feet in bank full width, and both are incising heavily in the native soils (Photos 3 and 4). The Web Soil Survey (USDA NRCS 2014) indicates the site comprises soils of Alderwood and Kitsap soils, and Beausite gravelly sandy loam. Streams Band C merge prior to joining Thunder Hills Creek (Talasaea 2005). Stream B flows through a previously identified Class 3 wetland (Talasaea 2005) near the terminus of Stream B before joining with Stream C. This wetland was described as palustrine emergent wetland dominated by reed canarygrass (Phalaris anmdinacea) with salmonberry (Rubus spectabilis) and Himalayan blackberry (Rubus discolor) along its .J Mr. Jimmy Blais August 4, 2014 Page 3 • • perimeter (Talasaea 2005). Soils appeared to contain a layer of sand, apparently eroded outwash from Stream B. Stream B had a very small degree of flow in the channel (approximately 0.25 gallons per minute) during our August 4, 2014 site visit, and appears it may remain marginally perennial under normal rainfall years. Because Stream B appears to be a naturally occurring, peretmial, non-salmonid bearing feature, it appears to meet the criteria for a Class 3 stream per the City of Renton (2014) code, which requires a 75-foot standard buffer. Stream C originates from a stormwater outfall located at the south end of Cedar Avenue S. (Photo 2). Similarly, an apparent accumulation of material eroded from the incising of the stream channel occurs at the base ofthe slope where the gradient flattens. This area has been revegetated (photo 5) as part of a WSDOT mitigation for replacement of the Thunder Hills Creek culvert 1-405 underpass (Ross Fenton, WSDOT, pers. comm. August 6, 2014). Occassional high flows may continue to overflow the channel and flow into this planting area, but incision of the channel as it circumvents this mitigation area suggests flows stay largely confined now to the channel. Because Stream C does not appear to exist in historical photographs (Talasaea 2005), and flows directly from discharge from a roadway stormdrain system, is intermittent and non- salmonid-bearing, meets the criteria to be classified as a Class 5 stream under the City of Renton (20l4a) code. As such the City of Renton (2014a) has no standard buffer requirements for Stream C .. VEGETATION COvER OF THE STREAM CORRIDORS As part of our site visit on August 4,2014 we characterized the vegetation of the riparian communities of two streams (Stream B and Stream C) located adjacent to the Merlino property to the south. The drainages are located in proximity to one another, and in general share a riparian corridor. Vegetation in the riparian corridor in the upstream reach is characterized by a deciduous forest canopy dominated by a mixed community of big-leaf maple (Acer macrophyllllm, F ACU) and balsam poplar (Populus balsamifera, FAC) extending from Cedar Avenue south approximately 200 feet. These trees are approximately 30 to 40 years in age and provide siguificant shading and temperature moderation (50 to 60 percent canopy coverage) for the streams. Very few juvenile cottonwood and big-leaf maples were observed in the upper reach. suggesting a low level of recruitment. The understory is dominated by dense stand of both native and invasive species including common snowberry (Symphoricarpos albus, F ACU), Himalayan blackberry (Rubus ameniaclIs, FACU), trailing blackberry (Rubus ursinlls, FACO), sword fern (Polyslichum mllnilllm, FACU) and lady fern (Alhyrium filixfemina, F AC). Mr. Jimmy Blais August 4, 2014 Page 4 • • The composition of the riparian corridor remains consistent in the lower reach, with big- leaf maple and balsam poplar providing significant canopy cover (40 to 50 percent shading) over the two drainages. Trees in the lower reach are approximately 30 to 40 years in age and extend from the property boundary south through the riparian corridor. Snowberry, Himalayan blackberry, and trailing blackberry are the dominate understory vegetation. Reedcanary grass (Pha/aris anmdecea, F ACW), herb Robert (Geranium roberlianllm, FACU), sword fern, and common velvet grass (Holclls lanallls, FAC) were also observed scattered throughout the lower reach. The forests cover transition to a mixture of deciduous and coniferous trees south of the drainages. A downed balsam poplar of significant size (approximately 4 feet in diameter) was observed across the lower channel of Stream C. Other woody debris is scattered throughout the drainages and riparian corridor, providing abundant habitat opportunities. The lower portion of Stream B flows through a small emergent wetland. The wetland receives hydrology primarily from surface flow and hydrologic connectivity between Streams B and C. At the time of our investigation, the wetland vegetation was primarily reedcanary grass, although some Himalayan blackberry and snowberry were observed along the wetland boundaries. A series of juvenile western arborvitae (Thllja plicala, FAC) and Oregon grape (Mahollia aqllajolillm, FACU) were observed planted at the base of the hill at the southern boundary of the Merlino property,likely as part of the WSDOT stream mitigation planting area (Photo 5). The hillside and most of the parcel have been seeded with a grass mixture for erosion control. ECOLOGICAL FuNCTIONS PROVIDED BY TIlE STREAM AND RIPARIAN AREA AND POTENTIAL IMPACTS Because the stream channels provide primarily storm event flows or very low base flows to Thunder Hill Creek, very little transport of organic matter or insect prey likely occurs. Existing impacts of sediment transport from continued incision of the channel likely transport sediment to Thunder Hill Creek. The riparian canopy does provide southern exposure shading of the channels adjacent to the creek. This shading will contribute some temperature control during summer storm events; however, flow to Stream C originates from roadway runoff from Cedar Avenue S. and so will be originally warm runoff from the street surface. Very few birds were detected during our field visit, but numerous scat from omnivorous mammals was observed, and the forested area encompassing the streams likely provides habitat for a variety of wildlife. The project site is currently level-graded in preparation for building construction, and so no additional grading is planned except for excavation of building sites, construction of the stormdrain system within the western half of Cedar Avenue S., and relocation of part of the existing WSDOT access road (see attached grading plan). Mitigation for these , .- Mr. Jimmy Blais August 4, 2014 Page 5 • • impacts include erosion control and replanting after site construction and relocations of the road. Because the streams and riparian corridor occur on the adjacent property, no direct impacts to vegetation or trees will occur. It is expected that there will be less stormwater runoff from Cedar Avenue S. to the discharge point at the head of Stream C. In the developed conditions, storm water from the short plat and the west half of Cedar Avenue S will be collected by a proposed storm drain system in the street and drain to a combination detention and water quality vault located in the cul-de-sac on the south end of the project. The vault will discharge to an existing rock lined ditch on the north side of the existing WSDOT access road which heads southwest and until the bottom of the 2: I slope (constructed as part of the 1-405 widening) where it drains north to a Type 2 Catch basin with a bird cage structure. From this point the stormwater drains west into the conveyance system in 1-405 and finally discharges to a WSDOT pond west ofI-405 and east of S 3n1 Street. LIMITATIONS We have prepared this report for the exclusive use of Merlino Land Development Co., Inc. and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from Merlino Land Development Co:, Inc. The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to streams and wetlands, the final determination of their classification or boundaries for regulatory purposes is the responsibility of the various agencies that regulate development activities in streams and wetlands. We cannot guarantee the outcome of such determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies. We warrant that the work performed conforms to standards generally accepted in our field, and prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponent and their consultants, together with information gathered in the course of the snldy. No other warranty, expressed or implied, is made. Mr. Jinuny Blais August 4, 2014 Page 6 LITERATURE CITED • • Core Design. 2014. Site Map and Preliminary Grading and Utilities Plan, Merlino Short Plat. March 2014. Fenton, Ross. 2014. Personal telephone conununication requesting information about the vegetation planting mitigation site adjacent to Merlino Renton Short Plat. WSDOT, Bellevue, WA. August 6, 2014. Renton, City of. 2014a. Renton Municipal Code. Title IV, Chapter 8-120 -Submittal Requirements, and Chapter 3-050 -Critical Areas Regulation. Current through Ordinance No. 5719, passed July 14,2014. Renton, City of. 2014b. Renton Water Classes Map. City of Renton Municipal Code 4- 3-050 (Q) Maps. Talasaea Consultants. 2005. Wetland study; stream assessment, habitat study, watershed restoration and mitigation plan. Revised 3 October, 2005. U.S.D.A. Natural Resources Conservation Service. 2014. On-line Web Soil Survey. http://websoilsurvey.nrcs.usda.gov. Accessed August 6,2014. • • Photo 1, View of Merlino Renton Short Plat project site existing conditions. The vegetated corridor of Streams Band C is seen at the south end of the site . August 4,2014. Photo 2. Edge of shared canopy covering both Streams Band C through the site, and location of stormdrain outfall origin of Stream C. August 4 , 2014 . Raedeke Associates, Inc. 2014-049-001 Merlino -Renton Photo Plate 1 August 8 ,2014 • • Photo 3. Typical stream bed substrate and incised channel observed in Stream B. with slight flow in channel. August 4.2014. Photo 4 . Typical stream bed and incised channel observed in Stream C . August 4.2014. Photo Plate 2 Raedeke Associates. Inc. 2014.{)49-OO1 Merlino Renton August 8.2014 • • Photo 5. Revegetated area at base of Stream C . Slope from site and WSDOT access road can be seen at upper far left. August 4, 2014 . Photo Plate 3 Raedaka Associata •• Inc. 2014.{)49-()()1 Mer/ino -Ranton August 8.2014 ....... -----....... "-........ _,. ....... ~ , .. ~,"', A lollr"Q ",fU~fi " WI<.>..£(:f "~,,,'~C" / • • SITE MAP MERLINO SHORT PLA T MERLINO LAND DEVELOPMENT CO .• INC. J(lS/)l$r'Io!S~1[7 S!Arl1t, ... MIM • ~ DESIGN ~'¥77""l.UI!VHJ ''''OI'''U'''''O· 'L ... ",,,,I"'O· JUlvrH"O L ......... _;»_ ... _"-'", .. _ .. "" .. ' • , I- • • ! ~ ! ! I , ~ I _J ~ ! '" i I , !»'" ~ffi !!lJ :::l~ !i1'" ",<0 ;.~ i~ S ' ~ i 1; ~ ::;: c • I I ,9~ ,"""""" -, ~ .. -::.::..-i ;1> ~-,-=-=~~;,;,ttl b:"/ c""'~i I I I / ! . -, I, 'r-.-\ ~, !. ;HI l" !j i i. , • </O,M I'f'~) § / / i.' / , /1 , ~ ; i / / I I PRELIMINARY GRADING & UTILITY PLAN MERLINO SHORT PLAT _ MERLINOLANDDEVELOPMENTCO .• INC. $I!5lJ;r1·IfSSU/fJ :sr'nu;' .. !Jt1M ,'--, I' ffi ,I c6iE ,'''''' __ .'0' .... -.--~Of$IGN ,qjNVr.7 .... ~.JM.I~ l>HHNHIIHO· ftAHHIHG' $UtVftlHO " ~ ~ i ~ 0 ~ i ~ , '" . ~ ~ t''"" • From: Karen WalterJmailto:KWalter@muckleshoot.nsn.usl Sent: Wednesday, June 04, 2014 10:15 AM To: Clark Close Subject: RE: Merlino Short Plat -LUA14-000568 Clark, I) Thank you again for sending us the additional information for the proposed Merlino Short Plat referenced above. We have reviewed this information and have some comments as noted below: 1. The stream classification is incomplete and likely incorrect based on Renton's 2012 water classification map. The stream to the south is Thunder Hills Creek, a tributary to the Springbrook Creek/Black River. It is a potential fish bearing water based on available habitat conditions upstream of 1-405. As noted in the WDFWIWSDOT 2013 Fish Passage Barrier Assessment report, the 1-405 culvert is currently a fish-passage barrier and subject to replacement per the Federal Court injunction under U.S. v Washington. (see http://www.wsdot.wa.gov/NRlrdonlyres/E22DAC11- 525B-4A27-9B91-852D1 F790377/0/FP Appendix1.pdf). We are aware that portions of Thunder Hills Creek and Rolling Hills Creek are piped as they are conveyed underneath roads and buildings downstream of 1-405. However, there is available fish habitat upstream as document in the 1-405 Tukwila to Renton EIS and appendices. However, these pipes and culverts should be fish passable as required by the State's Hydraulic code and does not negate the available fish habitat upstream of the 1-405 crossing. This project site is north of these open channel sections upstream of 1-405. The project needs to demonstrate compliance with the City's stream buffer regulations for potential fish bearing waters. 2. Per the TIR, the project proposes to use basic water quality treatment via dead storage in a combined detention/water quality, then discharge this stormwater to a ditch that ultimately drains to the Cedar River (see 1-405 drainage plans (see downstream drainage map in TIR). The Cedar River is host to several salmon species which may be adversely affected by pollutants commonly found in stormwater, i.e. PAHs, copper, zinc, etc. There is research from the NW Science Center of NOAA Fisheries that suggests stormwater pollutants are creating toxic conditions and causing pre- spawn mortality in adult salmon (see attached paper). Juvenile salmon may also be adversely affected by stormwater pollutants and subject to increased predation (see second attached paper). Consequently, we recommend that this project be required to treat its stormwater using enhanced water quality treatment methods to reduce the pollutants in stormwater released from this site that will ultimately drain to the Cedar River. We appreciate the opportunity to review this proposal and look forward to the City's responses. We may have further comments. Best regards. 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 EXHIBIT 13 2013 WSDOT Annual Report· Appendix I • 1 From: Sent: To: Subject: • Gina Custer <gcuster@ywcaworks.org> Wednesday, May 28, 2014 4:21 PM Clark Close Merlino short plat I would like to be a party of record for any work being done at this site. • I hope you will consider the fact Merlino Construction was fined in 2013 for $36k by the US EPA in regards to violations of the Storm Water GP. Also concerned Merlino has been allowed to hire his choice of Geotechnical Engineers, seems self serving and not good for the city of Renton or the taxpayers. Thank you Gina Custer 1209 S. 7th St. Renton 98057 Sent from my iPhone EXHIBIT 14 PLAN REVIEW COMMENTS (&14-000568) ~---""..",.,.~ PLAN ADDRESS: DESCRIPTION: APPLICATION DATE: 0412812014 The applicant is requesting to subdivide two parcels totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area Tract A) in the Residential-8 (R·8) 20ne, resulting in a density of 1.9 dwelling units per acre. The site is located southwest of the intersection of South 7th Street and Cedar Avenue South In Renton, Washington. The proposed lots would range in size from 6,595 square feet to 7,989 square feel. The proposed lots would be accessed via private driveways from Cedar Ave S. The project site is roughly 1.5 acres in size and is currently covered in grass. The site was mass graded as part of the 1-405 project, so there will be no clearing and minimal grading to construct seven single family lots, stormwater vault and associated utilities. One combined detention and water quality treatment vault will be located at the south end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side of Cedar Ave S. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, and landslide hazards. The applicant submitted a Technical Information Report, Geotechnical Engineering Services Critical Areas Report, Coal Mine Hazard Assessment, and an exception through a waiver under RMC 4-3-OS0J.S.d for the placement of a wedge-shaped sliver fiJI and part of a retaining wall within the protected slope area on proposed Tract A. Placed on hold on July 11, 2014. Taken off hold on August 29, 2014. Community Services Review Leslie Betlach Ph: 425-430-6619 email: LBetlach@rentonwa.gov Recommendations: Environmental Impact Comments: The Parks Mitigation fee is incorrect -the applicant is using the outdated SEPA-Based fee. Parks mitigation fee should utilize G.MA fee based upon Ordinance 5670. Engineering Review Planning Review Technical Services September 10, 2014 Policy-Related Comments: There are no impacts to parks. Code-Related Comments: There are no impacts to parks. Vicki Grover Ph: 425-430-7291 email: vgrover@rentonwa.gov Recommendations: The Applicant should provide a more comprehensive Level 2, quantitative, downstream analysis. According to COR maps, the downstream pond for the proposed site's runoff is a private pond owned by WSDOT. In addition, we are requesting Attachment B -Exploration Logs and Attachment C -Technical Specifications for the RSS that are part of the Tech Memo created by COB (Corridor Design Builders) on 8-14-09 for the original WSDOT project and the stream study thai was conducted in order to identify the classification of the stream shown on the plans. Clark Close Ph: 425-430-7289 email: cclose@rent0r:'wa.gov Recommendations: 1. RMC section 4-4-030.C.2limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shan be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be pennitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Recommendations: The property at issue needs to be properly subdivided via a Lot Line Adjustment from that portion of the underlying two parcels reserved by WSDOT in their col"!veyance to the applicant. This will change the legal description of the property at issue. Note the City of Renton land use action number and land record number, LUA14-000568 and LND-20-0602, respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. The legal description on the final short plat will need to be revised to reflect the lot line adjustment required to property segregate the property at issue from the property reserved by WSDOT by conveyance to the applicant. The dedication of right of way for short subdivisions requires a separate Deed of Dedication; provide a space to the recording number of same on the short plat. The Deed of Dedication document includes both a legal description exhibit and a map exhibit of the dedicated parcel. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an updated Plat Certificate dated within 45 days of approval of said dedica"--.... _n_._ .L._ "--,-..... ------'UL.. ___ ----,,--.:-~--p further information is needed. Show two ties to the City of Re provided. EXHIBIT 15 j by the city when the ties have been Page 1 of 3 Provide sufficient inform.o determine how the plat boundary was established. Include a statement of equipment and procedures used, pEtr WAC32-130-100. Provide short plat and lot closure calculalions. Indicate what has been, or is to be, set at the comers of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The city will provide addresses for the proposed lots as soon as possible. Nole said addresses on the final short plat drawing. Do note encroachments, if any. Do include a ~LEGEND· block for the short plat drawing, detailing any symbols used thereon. Do not include lopography and utility infrastructure as they are only part of the initial submittal requirements unless they have a direct influence on the subdivision. Note atl easements, coven~nts and agreements of record on the drawing. Note any relevant researched resources on the short plat SUbmittal. Note the plat name and lot and tract numbers of the adjoining properties or note as -Unplatted:. Remove the building setback lines noted on the final short plat lots. Setbacks will be determined at the time that building permits are issued. The City of Renton Administrator, Public Works Department, is the only city official who signs the final short plat. Provide an appropriate approval block and Signature line. Pertinent King County approval blocks also need to be noted on the drawing. All vested owner(s) of the subject final short plat need to sign the final short plat drawing. Include notary blocks as needed. Include a declaration block. on the drawing, titled "OWNERS' DECLARATIOW not "CERTIFICATIONft or other. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the final short plat. The final short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the final short plat drawing. Provide spaces for the recording numbers thereof. The new easements for the benefit of future owners of the proposed lots each need a note defining the rights associated with the easement at issue. Since these new "proposed" easements shown aren't ~granted and conveyed" until the benefited andlor burdened lots are conveyed to others add the following language on the face of the short plat drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdiviSion, by signing hereon covenant and agree to convey the beneficial interest in the new private easements shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. The preceding statement obligates the seller of the lots created to "expressly grant and convey'" the lots "together with andlor subject to· any new private easements delineated on the short plat in the conveying document. ERC Mitigation Measure Created On: 0511312014 Reviewer Comments Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Created On: 0610212014 Fire Review -Building September 10, 2014 Include the addresses document in PLAN>Documents>Attachments with the comments. Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 9pm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed buildings and two hydrants if the fire flow goes up to Page2of3 1,500 9pm. Existing 4'i~ater main cannot provide minimum fire flow requirements ~halJ be replaced and new hydrants added to meet current ~cluding 5-inch storz fittings. V 2. Fire department apparatus access roadways are required to be minimum 20·feel wide fully paved, with 2S-feet inside and 45-1eel outside turning radius. Fire access roadways shall be constructed to support a 3D-ton vehicle with 322-psi point loading. Access is required within 150-feel of all points on the buildings. Dead end streets that exceed 150-feel in length require an approved turnaround. An approved 90-foot minimum cul-de-sac turnaround is required when the roadway exceed 300-feet long. Police Review Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.goy Recommendations: Minimal impact on police services. September 10, 2014 Page30f3 r-----eAnMarCo·--- 9125 Tenth Avenue South· Seattle, Washinston 98108' (206) 762-9125 Office' (206) 766-9000 Fax 8/20/2014 Mr. Clark Close City of Renton -Current Planning 1055 South Grady Way Renton, W A 98057 Subject: On Hold Notice -Continued; Merlino Short Plat, LUA 14-000568 Mr. Close, RECEIVED AUG 2 0 2014 CITY OF RENTON PLANNING DIVISION I am writing you on behalf of Merlino Land Development Co. in order to respond to your July 11th "On Hold" Notice. Below I have listed responses ·to each of your comments and requests for additional information. Please feel free to contact me should you have any additional questions. City Comments: 1) A response to the Independent Secondary Review completed by Associated Earth Sciences, Inc. (AESI). Response: Attached (Attachment A), is Icicle Creek Engineers' response to each of the items included in AESl's Independent Secondary Review. 2) Icicle Creek Engineers, Inc. Geotechnical Engineering Services, Critical Areas Report (dated April 23, 2014): Please provide 5 copies of the following attachments identified in the Icicle Creek report. Response: Attachment B -Exploration Logs: The exploration logs were a part of the Coal Mine Hazard Report. These logs were previously submitted as part of said report and thus have not been included as part of this response. Attachment C -The "Technical Specifications for the Reinforced Soil Slope (RSS)" from the 1-405 Renton Stage 2 Design/Build Project's Technical Memorandum are included on a thumb drive with this response. The requested report is more than 400 pages in length and thus was not printed as part of this resubmittal. Bella lIottega Casella Lago Cavu Materials Cedar Shores Land LaDenzc Liberty Ridge Merlino Holdings II M:erlino Land Development MJB Properties M&M Lease Co. Park LJrivc I Park Drive II Pier 1 Quarry Industrial Park Sea-Sal Partners SR 900 Strada da Valle Sumner Term 2235 nfth Avenue 50 I Monster Road eAnMarCo·--- 9125 Tenth Avenue South' Seattle, Washington 98108' (206) 762-9125 Office' (206) 766-9000 Fax 3) Standard Stream Study: Please provide 5 copies ofa report identifying the classification of the streams identified on the plan set. This can be from a project in the vicinity, provided the stream study is within five (5) years of the date of complete application. Response: A new stream study was prepared by Raedeke and Associates, Inc. in order to respond to this comment. That report is included as Attachment B. Th/!J'0u, y~~ /Jim~ais Merlino Land Development Co., Inc. 9125 10th Avenue South Seattle, W A 98108 Ofc 206-762-9125/ Fax 206-763-4178/ Cell 206-255-5153 JBlais@gmccinc.com Bella Botlcga LaDell7..e MJH Properties Casetla l.ngo Liberty Ridge M&M Lease Co. Cava Materials Merlino Holdings II Park Drive I Cedar Shores I.mId Merlino Land Development Park Drive II Pier I Strada da Valle Quarry Industrial Park Smnncr Terra Sea-Sal Partners 2235 Fifth Avenue SR 900 501 Monsler Road ICICLE CREEK ENGINEERS Geotechnical, Geologic and Environmental Services August 6, 2014 Jimmy Blais Merlino Land Development Co., Inc. 912S -10th Avenue South Seattle, Washington 98108 INTRODUCTION Letter Geotechnical Plans Review Preliminary Merlino Short Plat Response to Comments Geotechnical Third Party Review 700-800 Block Ceda r Avenue South Renton, Washington ICE File No. 0864-002 This letter presents the results of Icicle Creek Engineers' (ICE's) response to Geotechnical Third Party Review comments prepared by Associated Earth Sciences, Inc. (AESI, dated June 30, 2014 -Items 1 through 8) for the Preliminary Merlino Short Plat located within the 700 to 800 Block of Cedar Avenue South in Renton, Washington. Our services were requested by Jimmy Blais of Merlino Land Development Co., Inc. (MLDC). BACKGROUND INFORMATION ICE previously completed the following geotechnical reports related to the Merlino Short Plat: • ICE, April 23, 2014, Report, Geotechnical Engineering Services, Critical Areas Report, Merlino Short Plat-Proposed 7-Lot Residential Development, Renton, Washington, prepared for MLDC. • ICE, April 23, 2014, Report, Geotechnical Engineering Services, Coal Mine Hazord Assessment, Merlino Short Plat -Proposed 7-Lot Residential Development, Renton, Washington, prepared for MLDC. MLDC provided ICE with preliminary design plans for the project referenced as follows: • Core Design, March 2014, Preliminary Short Plat, Merlino Short Plat, sheets POl, P02, P03 and P04. • Core Design, February 13, 2014, 1-40S LLC Short Plat, Renton, Washington, sheet 1. • Core Design, August 1, 2014, Merlino Short Plat -Response to Item No.3 of the Geotechnical Third Party Review, 2 pages. ICE RESPONSE TO THIRD PARTY REVIEW COMMENTS For the purpose of this letter, the title line of AESI comments will be restated in bold type, followed by the ICE response. 29335 NE 20th Street. Carnation, Washington 98014 • wV'M.iciclecreekengineers.com • (425) 333-0093 phone. (425) 996·4036 fax • Jimmy Blais Merlino Land Development Co., Inc. August 6, 2014 Page 2 • AESIItem No. 1-Existing slope versus designed slope and their respective factor of safeties ICE Response -As noted by AESI, the Corridor Design Builders (COB) August 2009 Memorandum (attached to ICE's April 23, 2014 Critical Areas Report), indicated that the Reinforced Soil Slope (RSS) was evaluated for slope stability with the assumption that residence would be constructed in the level area created at the top of the RSS where it borders Cedar Avenue South. In ICE's April 23, 2014 Critical Areas Report (page 7, Section 8.2.1.1) we recommended (bj a building setback af 10 feet from the portion of the Engineered Fill slope area to the north of Lot 1, and (cj a building setback of 10 feet from the portion of the Engineered Fill slope area to the south of Lot 7. In addition, for the analysis of slope stability for the RSS the August 2009 COB Memorandum included a "traffic surcharge" of 250 pounds per square foot (psf) across the entire level area at the top of the RSS. The 250 psf traffic surcharge is the same as for modeling a typical residential structure, though typically the surcharge would not be carried across the entire level area (the surcharge would begin 25 feet back from the top of RSS in this case to satisfy the building setback). For this reason, in our opinion the proposed siting of homes with a 25-foot setback from the top of RSS is a conservative plan and is within the base assumptions for evaluating the adequate slope stability factor of safety by the COB August 2009 Memorandum. ICE does not need to review the final design plans provided that the structures are of typical two-story, wood-frame construction and are situated within the building envelope for each lot as shown on sheets 1, POl and P03. AESIItem No.2 -Wall design over proposed fill on recently constructed steep slopes ICE Response -We understand that the wall design has not been finalized for the Preliminary Plat phase. ICE's response to this comment is deferred until a later phase in the plat process. AESI Item No.3 -Increased drainage discharge onto WSDOT downstream steep slopes and drainage ditch and how it would affect toe issues for that existing slope ICE Response -ICE reviewed the above-referenced design plan by Core Design (sheet P03) and Core Design's August 1, 2014 Technical Memorandum. Based on our review of this memorandum, Core Design has concluded that the increased stormwater discharge to the current rock-lined ditch has more capacity to convey the 100-year undetained peak flow. Based on this statement, the storm water discharge has been evaluated and designed by Core Design to provide for safe stormwater discharge onto the slope area (within the existing rock-lined ditch), consistent with ICE's recommendation in our April 23, 2014 Critical Areas Report. AESI Item No.4 -Soil liquefaction ICE Response -This AESI comment did not require an ICE response. AESIItem No.5 -Slope Stability Analysis ICE Response -Same response as for AESI Item No. 1. A conservative assumption using a traffic surcharge of 250 psf extending across the entire level area bordering Cedar Avenue South was used in the COB slope stability analysis. The surcharge of 250 psf is also commonly used to model residential structures in slope stability analysis. For the current project plans, the residential structures will be setback at least 25 feet from the top of the RSS. For this reason, the slope stability analysis completed Icicle Creek Engineers 0864002/080614 • Jimmy Blais Merlino Land Development Co., Inc. August 6, 2014 Page 3 • by CBD is a conservative approach and provides for adequate factor of safety (factor of safety greater than 1.5). ICE does not need to review the final design plans provided that the structures are of typical two-story, wood-frame construction and are situated within the building envelope for each lot as shown on sheets 1, POl and P03. AESIItem No.6 -Anticipate weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control BMPs for each home) ICE Response -In our opinion, the moist unit weight of 130 pounds per cubic foot (pcf) is a relatively high weight for compacted soil, and certainly reasonable. We do not expect that soil moisture will increase (thereby increasing soil moist unit weight) because roof downspouts, yard drains and driveway/yard drains will be connected to the stormwater collection system. More impervious surface will result post-construction that would have an effect of actually decreasing soil moisture content. However, this effect is probably not measureable or even important for considering slope stability. The important factor is that soil moisture should not increase as a result of site development and the 130 pet is a reasonable value to have been used in the COB slope stability analysis. ICE does not need to review the final design plans provided that the stormwater disposal from these houses and other impervious surfaces is conveyed (rather than dispersed or infiltrated) to a closed collection system that disposes of the water at an approved location. AESI Item No.7 -Coal seam impacts from past boring records ICE Response -ICE has reviewed Core Design sheet P02 that shows the location of the High Coal Mine Hazard Areas (the hazard location is from ICE's May 2009 DRAFT report that was prepared for MLDC) and the locations for structures (retaining wall, vault, water line) shown on sheet P03. It appears that the storm water vault is located outside of the High Coal Mine Hazard area so no mitigation is required for the vault associated with coal mine hazards. However, the east end ofthe retaining wall extends about 10 feet into the High Coal Mine Hazard area. At this time, the specific retaining wall design has not been determined. We strongly suggest using a gravity block wall for this purpose if the wall needs to extend into the High Coal Mine Hazard area. It also appears that a 6-inch diameter water main is proposed to extend about 25 feet into the High Coal Mine Hazard area. The water main should be sleeved with a structural pipe capable of full support should the loss of up to 10 feet of soil under the pipe occur. AESIItem No.8 -Effectiveness of proposed mitigating measures for impacts ICE Response -We recommend that ICE review the final design plans associated with mitigating the east end of the retaining wall and the water line that extend into the High Coal Mine Hazard area. The stormwater detention vault appears to be sited outside of the High Coal Mine Hazard area and does not require further review by ICE related to Coal Mine Hazards. ******************** Icicle Creek Engineers 0864002/080614 ----------------------------------------------- • Jimmy Blais Merlino Land Development Co., Inc. August 6, 2014 Page 4 • We trust this information meets your present needs. If you have any questions or if we can be of further assistance, please call. Yours very truly, Icicle Creek Engineers, Inc. Brian R. Beaman, PE, LEG, LHG Principal Engineer/Geologist/ Hydrogeologist luzil. !Q -}P-'i' Document 10: 0864002.response Submitted via email (PDF) and surface mail (two original copies) Icicle Creek Engineers 0864002/080614 TECHNICAL MEMORANDUM To: • 14711 NE 29Th Place, Suile 101 • Bellevue, Woshington 98007 • Ph 425.885.7877 From: Jimmy Blais Sheri Murata, PE August I. 2014 Date: Re: Merlino Short Plat -Response to Item No.3 of the Geotechnical Third Party Review The following memorandum is in response to the following excerpt is taken from Geotechnical Third Party Review dated June 30, 2014 by Associated Earth Sciences. 3. Increased drainage disch . .'U'ge onlo WSDOT do"usiream steep slopes and drainage ditch and how it would affect toe issues for tlk11 existing slope Plan Sheet P03 shOws a proposed 12-inch-ai:uuerer outlet pipe exreru1ing soulllwesterly from me proposed detention vault 3l1d l1iscll.1Tging at me upper penion of me existing Ilrainage aitch. The April 23. 2014 Icicle Creel:: Criti~ Areas Report provides me rec~[ion rllat "no stomm'Glcr IlmoJ! is allowcd 10 fio.,., to rile slope area (oiller /Iran rhe plalliled discharge from rhe proposed Slamllmler derrnlioll VIIull into the exisn'llg rock-lined dilCh rilal IlmS paraDe/fo and along the norrh roge oj rhe exisn'lIg gravel access road). We recommrnd thar Core Design rz;'<1/llatc plarmed fiow from rM slonmmler vault and the abilf'!' oj rhe o.tsting rock/incd ditch to accommodate this jlow.· We concur \Villl !he Icicle Creek report. 3l1d recommeru1 rllat rlli5 evaluation be c01Itpleted by me project civil engineer aruI revie<\'eG by me project geotecllnic:ll e1\,<>i:neet' • The flow to the existing ditch n011h of the WSDOT access road in the existing and developed conditions were computed based on the following areas: (Sec Figure I attached) Existing Conditions 1.3 8 ac Till Grass Developed Conditions 0.95 ac Impervious 0.65 ac Till-Grass It was detenuined that the existing 2-year peak flow is 0.068 crs and the I O-year peak flow is 0.13 cfs. The developed (detained) peaks are 0.037 cfs and 0.087 respectively so less runoff will be discharged to the ditch in the developed condition up to the I U-year event. The City'S detention requirements only require sites to match the pre-developed 2-year and 10-year peaks (in addition to matching 50% of the 2-year to the full 50-year durations). the vault will discharge more storm water to the ditch in the developed condition beyond the IO-year event. However, based on Mannings Equation below. the existing ditch has more than enough capacity to convey the 100-year undetained peak flow. J:\2004\04139M\Documents\Engineering\Tech Memo\2014_08_01 Ex Ditch Tech Memo.docx • Blaise, Jimmy Response to Item NO.3 of the Geotechnical Third Party Review Q where 1.4 9 Ai" S"2 11 dir.charge (crs) velocity (fp.s) area (sf) • Q V A 11 R S Manning's roughness coefficient see Table 4.1.1.D below hydraulic radius = area!wetted perimeter (ft) slope of the energy grade line (ftift) August 1,2014 Page 2 The existing "V" ditch has a top width of approximately 7 feet, a depth of I foot, a slope of27% and an value of 0.040 which results in a capacity of 40.8 cfs. The I OO-year undetained peak flow is 0.59 cfs, so the existing ditch has more than enough capacity to convey the developed flows. J:\2004\04139M\Documents\Engineering\Tech Memo\2014_0B_01 Ex Ditch Tech Memo.docx • • '.6V9l , " -... ~, (., \.'1 I, '" "J '-1,-.. r", "". r" ,' .. ii'.,',: " 'I JttL '¥) H:J.1Ia DNI.1SIXEI 0.1 SM07d aEIcI07EIAEIa SA DNI.LSIXEI " !, ", , , ... -""'. <fJ lL U , I . .. "' .- ! ! ! ,i" I,~ i'"~ , 'I.-., ; I J :1 , 'I 1 / .1 V7cI .1 NOHS ONI7([EIW J.£,fll'O -- I I I ... -,..IOt: 1DI1V' ."", ! "' ,,' I/f , ! I' 'j' , ,. I / ! 'Ol NOl1:J]~ lS]M ]ill 01 aN NOIl:1JS lSJ',IHUIO tlf'aedeke Associates, Inc. • W ctland & Wildlifc Sciences Wildlife Ecology Landscape Architecture TECHNICAL MEMORANDUM August 8, 2014 To: Mr. Jimmy Blais, Merlino Land Development Co., Inc. From William J. Taylor, M.S. Aquatic Scientist Raedeke Associates, Inc. RE: Merlino Short Plat Renton -Standard Stream Study (RAI Project No. 2014-049-001) At your request, this technical memorandum is intended to provide a Standard Stream Study following the Renton Municipal Code (City of Renton 2014a) for two stream channels adjacent to the Merlino Renton Short Plat project in Renton Washington. This assessment is intended to provide a narrative of the stream and surrounding vegetated conditions, and proposed classification of the stream channels adjacent to the site. We visited the project site on August 4,2014 to review the existing stream channel and vegetation conditions. SITE LOCATION The Merlino Renton Short Plat project site consists of two King County Tax Parcels (No.'s 2023059085 and 0007200194) located in the 800 block of Cedar Avenue S., in the City of Renton, King County, Washington. Specifically, the property is located in the northwest quarter of the northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., as depicted on the Site Map and Preliminary Grading and Utility Plan for the project by Core Design, Inc. (2014; attached). SITE DESCRIPTION The project site currently consists of a level graded terrace (Photo I), with adjacent fill slopes graded at 1.75: I that extend down to the Interstate 404 right-of-way to the west (see attached Site Map, Core Design, Inc. 2014). The graded terrace is dominated by grasses and various weedy herbs. The graded slopes are vegetated with sapling Douglas- fir (Pseudotsuga men=iesii) and red alder (Alnus rubra), with patches of Himalayan blackberry (Rubus armeniaclls), snowberry (Symphoricarpos albus), giant horsetail (Equiselllm lelmateia), and a variety of grasses. 9510 Stone Avenuc N. Sea ttle, W A 98 103 206-525-8122 www.racdckc.coln Mr. Jimmy Blais August 4,2014 Page 2 • • The two stream channels of interest occur on the parcel directly adjacent and south of the project site, in parcel -9163, owned as public right of way by the Washington State Department of Transportation (WSDOT; see attached Site Map, Core Design, Inc. 2014). The stream channels lie within the north margin of the wooded portion of the WSDOT site and flow east to west parallel to each other. They are tributary to Thunder Hill Creek and confluence with the creek shortly prior to Thunder Hill Creek passing beneath Interstate 405. Thunder Hill Creek then becomes Rolling Hills Creek, which is tributary to Springbrook Creek. No salmonids are expected to occur in Thunder Hill Creek, and likely do not exist in the downstream reaches until much lower in the system, closer to where Rolling Hills Creek joins Springbrook Creek. STREAM NARRA nVE AND CLASSIFICA nON The stream channels were previously surveyed and located on the short plat plan layout provided by Core Design, Inc. (Attachment I). A visual assessment of the site in the vicinity of the stream channels was conducted to: I. confirm the channel alignments' relative accuracy oflocation on the site plan, 2. characterize the channel conditions and riparian vegetation, and 3. provide recommended stream classifications for each stream. The two streams are identified as streams Band C, with stream B occurring farther south than stream C. Neither stream channel occurs on the map of Renton Water Classes (Renton 2014b). One site specific past report is that provided by Talasaea Consultants (2005). The Washington Department of Transportation has conducted a stream mitigation planting project in the vicinity of the lower portions of streams Band C (Ross Fenton, WSDOT, pers. comm. August 6, 2014). Both stream B and stream C are very similar in characteristics. The two streams are only approximately 40 to 60 feet apart from each other, share a common riparian corridor of similar composition (Photo 2), are approximately four to five feet in bank full width, and both are incising heavily in the native soils (Photos 3 and 4). The Web Soil Survey (USDA NRCS 2014) indicates the site comprises soils of Alderwood and Kitsap soils, and Beausite gravelly sandy loam. Streams B and C merge prior to joining Thunder Hills Creek (Talasaea 2005). Stream B flows through a previously identified Class 3 wetland (Talasaea 2005) near the terminus of Stream B before joining with Stream C. This wetland was described as palustrine emergent wetland dominated by reed canarygrass (Phalaris anmdinacea) with salmonberry (Rubus spec/abilis) and Himalayan blackberry (Rubus discolor) along its Mr. Jimmy Blais August 4, 2014 Page 3 • • perimeter (Talasaea 2005). Soils appeared to contain a layer of sand, apparently eroded outwash from Stream B. Stream B had a very small degree of flow in the channel (approximately 0.25 gallons per minute) during our August 4, 2014 site visit, and appears it may remain marginally perennial under normal rainfall years. Because Stream B appears to be a naturally occurring, perennial, non-salmonid bearing feature, it appears to meet the criteria for a Class 3 stream per the City of Renton (2014) code, which requires a 75-foot standard buffer. Stream C originates from a stormwater outfall located at the south end of Cedar Avenue S. (Photo 2). Similarly, an apparent accumulation of material eroded from the incising of the stream channel occurs at the base of the slope where the gradient flattens. This area has been revegetated (Photo 5) as part of a WSDOT mitigation for replacement of the Thunder Hills Creek culvert 1-405 underpass (Ross Fenton, WSDOT, pers. comm. August 6, 2014). Occassional high flows may continue to overflow the channel and flow into this planting area, but incision of the channel as it circumvents this mitigation area suggests flows stay largely confined now to the channel. Because Stream C does not appear to exist in historical photographs (Talasaea 2005), and flows directly from discharge from a roadway stormdrain system, is intermittent and non- salmonid-bearing, meets the criteria to be classified as a Class 5 stream under the City of Renton (2014a) code. As such the City of Renton (2014a) has no standard buffer requirements for Stream C .. VEGETA nON COVER OF THE STREAM CORRIDORS As part of our site visit on August 4,2014 we characterized the vegetation of the riparian communities of two streams (Stream B and Stream C) located adjacent to the Merlino property to the south. The drainages are located in proximity to one another, and in general share a riparian corridor. Vegetation in the riparian corridor in the upstream reach is characterized by a deciduous forest canopy dominated by a mixed community of big-leaf maple (Acer macrophyllum, FACU) and balsam poplar (Populus balsamifera, FAC) extending from Cedar Avenue south approximately 200 feet. These trees are approximately 30 to 40 years in age and provide significant shading and temperature moderation (50 to 60 percent canopy coverage) for the streams. Very few juvenile cottonwood and big-leaf maples were observed in the upper reach, suggesting a low level of recruitment. The understory is dominated by dense stand of both native and invasive species including common snowberry (Symphoricarpos albus, FACU), Himalayan blackberry (Rubus ameniacus, F ACU), trailing blackberry (Rubus ursinzls, F ACU), sword fern (Polystichum ml/nitum, FACU) and lady fern (Athyrium filix-femina, F AC) .. Mr. Jimmy Blais August 4,2014 Page 4 • The composition of the riparian corridor remains consistent in the lower reach, with big- leaf maple and balsam poplar providing significant canopy cover (40 to 50 percent shading) over the two drainages. Trees in the lower reach are approximately 30 to 40 years in age and extend from the property boundary south through the riparian corridor. Snowberry, Himalayan blackberry, and trailing blackberry are the dominate understory vegetation. Reedcanary grass (Pha/aris arnndecea, F ACW), herb Robert (Geranium roberfianum, F ACU), sword fern, and common velvet grass (Holcus ianafus, FAC) were also observed scattered throughout the lower reach. The forests cover transition to a mixture of deciduous and coniferous trees south of the drainages. A downed balsam poplar of significant size (approximately 4 feet in diameter) was observed across the lower channel of Stream C. Other woody debris is scattered throughout the drainages and riparian corridor, providing abundant habitat opportunities. The lower portion of Stream B flows through a small emergent wetland. The wetland receives hydrology primarily from surface flow and hydrologic connectivity between Streams Band C. At the time of our investigation, the wetland vegetation was primarily reedcanary grass, although some Himalayan blackberry and snowberry were observed along the wetland boundaries. A series of juvenile western arborvitae (Thuja plicafa, FAC) and Oregon grape (Mahonia aqua folium, F ACU) were observed planted at the base of the hill at the southern boundary of the Merlino property, likely as part of the WSDOT stream mitigation planting area (Photo 5). The hillside and most of the parcel have been seeded with a grass mixture for erosion control. ECOLOGICAL FUNCTIONS PROVIDED BY THE STREAM AND RIPARIAN AREA AND POTENTIAL IMPACTS Because the stream channels provide primarily storm event flows or very low base flows to Thunder Hill Creek, very little transport of organic matter or insect prey likely occurs. Existing impacts of sediment transport from continued incision of the channel likely transport sediment to Thunder Hill Creek. The riparian canopy does provide southern exposure shading of the channels adjacent to the creek. This shading will contribute some temperature control during summer storm events; however, flow to Stream C originates from roadway runoff from Cedar Avenue S. and so will be originally warm runoff from the street surface. Very few birds were detected during our field visit, but numerous scat from omnivorous mammals was observed, and the forested area encompassing the streams likely provides habitat for a variety of wildlife. The project site is currently level-graded in preparation for building construction, and so no additional grading is planned except for excavation of bui lding sites, construction of the stormdrain system within the western halfofCedar Avenue S., and relocation of part of the existing WSDOT access road (see attached grading plan). Mitigation for these Mr. Jimmy Blais August 4, 2014 Page 5 • • impacts include erosion control and replanting after site construction and relocations of the road. Because the streams and riparian corridor occur on the adjacent property, no direct impacts to vegetation or trees will occur. It is expected that there will be less stormwater runofffrom Cedar Avenue S. to the discharge point at the head of Stream C. In the developed conditions, storm water from the short plat and the west half of Cedar Avenue S will be collected by a proposed storm drain system in the street and drain to a combination detention and water quality vault located in the cul-de-sac on the south end of the project. The vault will discharge to an existing rock lined ditch on the north side of the existing WSDOT access road which heads southwest and until the bottom of the 2: I slope (constructed as part of the 1-405 widening) where it drains north to a Type 2 Catch basin with a bird cage structure. From this point the stormwater drains west into the conveyance system in 1-405 and finally discharges to a WSDOT pond west ofI-405 and east of S 3m Street. LIMITATIONS We have prepared this report for the exclusive use of Merlino Land Development Co., Inc. and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from Merlino Land Development Co., Inc. The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to streams and wetlands, the final determination of their classification or boundaries for regulatory purposes is the responsibility of the various agencies that regulate development activities in streams and wetlands. We cannot guarantee the outcome of such determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies. We warrant that the work performed conforms to standards generally accepted in our field, and prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponent and their consultants, together with information gathered in the course of the study. No other warranty, expressed or implied, is made. Mr. Jimmy Blais August 4,2014 Page 6 LITERATURE CITED • Core Design. 2014. Site Map and Preliminary Grading and Utilities Plan, Merlino Short Plat. March 2014. Fenton, Ross. 2014. Personal telephone communication requesting information about the vegetation planting mitigation site adjacent to Merlino Renton Short Plat. WSDOT, Bellevue, WA. August 6, 2014. Renton, City of. 2014a. Renton Municipal Code. Title IV, Chapter 8-120 -Submittal Requirements, and Chapter 3-050 -Critical Areas Regulation. Current through Ordinance No. 5719, passed July 14,2014. Renton, City of. 2014b. Renton Water Classes Map. City of Renton Municipal Code 4- 3-050 (Q) Maps. Talasaea Consultants. 2005. Wetland study, stream assessment, habitat study, watershed restoration and mitigation plan. Revised 3 October, 2005. U.S.D.A. Natural Resources Conservation Service. 2014. On-line Web Soil Survey. http://websoilsurvey.nrcs.usda.gov. Accessed August 6, 2014. • • Photo 1. View of Merlino Renton Short Plat project site existing conditions. The vegetated corridor of Streams Band C is seen at the south end of the site. August 4,2014. Photo 2. Edge of shared canopy covering both Streams Band C through the site, and location of storrndrain outfall origin of Stream C. August 4 ,2014 . R8&deke Associ8tes. Inc. 2014-049-001 Merlino -Renton Photo Plate 1 August 8. 2014 --------------------------------------------, • • Photo 3. Typical stream bed substrate and incised channel observed in Stream S, with slight flow in channel. August 4, 2014. Photo 4. Typical stream bed and incised channel observed in Stream C . August 4 ,2014 . Photo Plate 2 Rasdeke Associates, Inc. 2014-049-001 Merlino Renton August 8,2014 ,----------------_ .. _-----_._----------------------------------. • • Photo 5_ Revegetated area at base of Stream C. Slope from site and WSDOT access road can be seen at upper far left . August 4, 2014 . Photo Plate 3 Raedeke Associates, Inc. 2014 -049-001 Merlino -Renton August 8, 2014 . , ! r---! ~ ~ &1 I , ! _J §;! ~ '" , Ill'" ~~ :J • ~~ !i ! §1", !! ",~ " ~ , j,,~ " i! ~ ~~ !'! ~ ~ , •• • II i' JI/WUNE ;:::0; !! ,.,..." '! "' . ., • !" !, I I ' I-, • • z ,I; m!r" 'ii! ~ Hi 'I" ~ !g,l (J> z I!i l !!! ;.,. ir 1!j! :lj ,1 ~. i II .' I' ,hi ~~ § llil II :i! "j' U· I:o ! '1' i ill! . , ~ 0 " c~ ~ ~~"W.uIi'I"I!'I"~ <.ci'l: ,AFf i£fN,U(ST!f ~~ ... ~ p~~~/~~f;R • \ i" ~··~i- I, ; 'I .\ i ,( 1 ! I I I , \ V I I , I , !! I I I PRELIMINARY GRADING & UTILITY PLAN MERLINO SHORT PLA T MERLINO LAND DEVELOPMENT CO., INC. ~lsr.I£S!Vr£1 'ZArrl£ or.< 161fJ6 ~DESIGN fNGI"fHING· ~IANN'NG· • i ! .....,.,..,.------,., ..... _ ..... '" • m ~,:= tV" !@IAN'LN • I I / ""-""1' ".","'.u!o '''~ "" ._, I I I I I SITE MAP MERLINO SHORT PLA T MERLINO LAND DEVELOPME. mq Isr ~~ 5 917£ I "NT CO., INC. sr.rll.£ ... MI(M • \' , -~ j' /' \ I, Denis Law Mayor •• july 11,2014 , Commu'nity & Economic Development Department C.E. "Chi p"Vi ncent, Adm i nistratoi . '. . Jimmy Blais" , . , ,,'-, Merlino Land 'Development Co.; Inc. 5050 1st Ave, Ste. 102 Seattle, WA 98134' ,SUBJECT: ' Dear Mr. Blais: "On Hold" Notice -' Continue'd Merlino Short Plat, LUA 14-000568 , , , , The Planning DiVision of the City of Renton accepted the above master application for ,'review on' May 14, 2014, During our review,' staff determined that additional 'informatio'n was necessary in order to proceed. On June 11, 2014 the project wa~ placed 6n hold' pending receipt of 'an Independent, Secon'Clary ,Review of the two. Teports , preparE;d by Icicle Creek Engineers; Inc. To date anlndependen't Secondary Review 'of your provided sub~ittal materials 'was completed by Associated Earth' Sciences, ,Inc. (AESI). Based on a review of your ,submittals, AESI has provided a Geotechnical third-party review (attached), dated June ,30; 2014. The' letter contains' a number' of comments as theyr~late to' concern~' , presented by City of Hent;n staff followed by AESI opinions slJrroundingthe reports and , staffs concerns. ~Thefollowing infor~~tion ,will need tobe submitted so that we may continue the review' of the above subject application: ' • A response .to the ,Independent Secondary Review completed by Associated Earth Sciences, Inc. (AESI)" • Icicle Creek Engineers; 'Inc, Geotechnical Er:1gineeringServices, Critical Areas Report (dated. April 23, 2014): Please, provide'S copies of the following' attachments identified in'the Icicle Creek report, ". ,. o , Attachment B:" Exploration Logs; and o 'Att~chme~t C -Technicals~ecifications for the Reinforced Soil Slope (RSS). This was, part of' t~e'Technjcai Memarandu';', 1-405 Renton Stage 2 , , Design/Build Project, 'WSDOT Exchange Property R~inforced Soil Slope" Renton City Hall, ',' 055 South, Grady Way , Renton, w.ashing\o~ 98057 ' rentonwa,gov , '-. Lafe Hermansen Page 2 of 2 July 10, 2014 • • Geotechnical Design Recommendations Memorandum created by CDB (Corridor Design Builders) on August 14, 2009 for the original WSDOT project and the stream study that was conducted in order to identify the classification of the stream shown on the plans. • Standard Stream Study: Please provide 5 copies of a report identifying the classification of the streams identified on the plan set. This can be from a project in the vicinity, provided the stream study is within five (5) years of the date of complete application. As a matter of note, or information only, the following comments have been made by the plan reviewer as part of the initial project review: the Applicant should provide a more comprehensive Level 2, quantitative, downstream analysis. According to COR Maps (an interactive map that allows you to search for Renton-area information), the downstream pond for the proposed site's runoff is a private pond owned by WSDOT. At this time, your project will remain "on hold" pending receipt of the requested information. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Associate Planner cc: Lafe Hermansen \ Contact Party(ies) of Record Jim Blais Merlino Land Development Co 5050 1st Ave, 102 Seattle, WA 98134 -------------------- Gina Custer 1209 S 7th St Renton, WA 98057 liiili:lmllli!llIilIHOO_I._1I!IIIIlIIlIII lafe Hermansen Core Design 14711 NE 29th PI, 101 Bellevue, WA 98007 ------------------------- Nancv Osborn 4635 Morris Ave S, #F Renton, WA 98055 Laureen M. Nicolay From: Sent: To: • Laureen M. Nicolay Tuesday, June 17, 20144:55 PM Steve Lee ., Subject: Merlino Short Plat, LUA14-000568, Additional Information Needed for Processing and ERC Review Attachments: landusefee.pdf The $103.00 waiver fee (see attached) for the proposed road installation work in the protected slope area has not been collected yet. The critical areas variance necessary for constructing a retaining wall (of indeterminate height)'and storm' outfall in the protected slope has not been requested or the $1,260.00 application fee paid. The safety of this wall and outfall have not been adequately evaluated in the geotechnical report. The entire site has been designatedasa landslide hazard (medium hazard) and I am not sure if the geotech report addresses that or not. ' .' If the retaining wall is over 6 feet in this residential zone, a height variance and $1,260.00 variance application fee are also needed. But we still don't know how high the wall will be yet ... In my opinion, all this info should be requested from the customer at the same time as the secondary review and then addressed by staff before presentation of the project to the ERe. Thank you Steve, L~ 1tied(uf, 5~nior Planner Department of Community and Economic Development 425-430-7294 1 associated. earth sciences incorporated May 23, 2014 Revised May 29, 2014 Project No. KE140299A CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF ASSOCIATED EARTH SCIENCES, INC. AS A CONSULTANT AND ADVISOR This agreement has been entered into at Associated Earth Sciences, Inc. 911 5th Avenue Kirkland, Washington 98033 on this 29 th day of May 2014 between Client: City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Attention: Clark H. Close hereinafter referred to as "Client,". and Associated Earth Sciences, Inc. (AESI) , hereinafter referred to as "Geotechnical Consultant," for mutual consideration as hereinafter set forth: 1.0 The description and .location of the project on which the Client contracts the Geotechnical Consultant I s services are: The subject site consists of property located at 700-800 Block of Cedar Ave. S. / PID 202305- 9085 and 000720-0194 in Renton, Washington. Based on our discussions with you, we understand that, as part of a proposed seven-lot residential development at the subject site, two reports were prepared by Icicle Creek Engineers, Inc. (Icicle Creek). We understand that the City of Renton has a concern regarding the potential for instability on the steep slope at the subject site, both during and after construction of the proposed improvements. Specific areas of concerns include the following items: I) existing slope versus designed slope and their respective factor of safeties; 2) wall design over proposed fill on recently constructed steep slopes; 3) increased drainage discharge onto WSDOT downstream steep slopes and drainage Kirkland Office 1 911 Fifth Avenue 1 Kirkland, WA 98033 PI 425.827.7701 FI425.827.5424 Everett Office 1 2911}\ Hewitt Avenue, Suite 2 1 Everett, WA 98201 P 1 425.259-0522 F 1 425.252.3408 Tacoma Office 11552 Commerce Street, Suite 102 1 Tacoma, WA 98402 PI 253.722.2992 F 1 253.722.2993 www.aesgeo.com • • ditch and how it would affect toe issues for that existing slope; 4) soil liquefaction; 5) slope stability analysis; 6) anticipated weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control BMPs for each home.); 7) coal seam impacts from past boring records; and 8) effectiveness of proposed mitigating measures for impacts. AESI has been requested to perform a geotechnical peer review of the Icicle Creek reports. 2.0 Geotechnical Consultant agrees to provide the following services: Our work will be limited to an independent peer review of the Icicle Creek reports, as they relate to the steep slope, the proposed project, and the Renton Municipal Code (RMC) Critical Areas Regulations (RMC 4-3-050), to provide our geotechnical opinion regarding the proposed improvements, given the information provided in the Icicle Creek reports. No subsurface explorations will be conducted. The findings of our study will be provided in a written letter. 3.0 Client confirms that the Geotechnical Consultant has explained the full range of services it offers and the manner in which they could be applied to this project. Client also confirms that he has understood the value and benefit of these services and has of his own accord decided upon those identified in paragraph 2.0 above. Client agrees to hold the Geotechnical Consultant harmless for claims of any kind that may arise from any source due to the Geotechnical Consultant's failure to provide services that Client has specifically not included in the list of services identified in paragraph 2.0 above. Client further agrees to indemnify the Geotechnical Consultant for the cost of defending any such claims and any awards or settlements resulting therefrom. 4.0 The Client accepts that all services are provided in accordance with the attached Schedule of Charges and General Conditions "A," which are made a part of this contract by reference. Client further agrees to compensate the Geotechnical Consultant for their services, and to reimburse the Geotechnical Consultant for expenses incurred on Client's behalf as follows: Time and Expenses Estimate: ................................ $3,500 to $4,000 Our work would be conducted on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions "A." Any additional services beyond the authorized scope of work that are conducted by AESI at the request of the Client would also be conducted on a time and expenses basis in accordance with our Schedule of Charges and General Conditions "A." Such additional services include, but are not necessarily limited to project meetings, site visits, or other geotechnical consultation to address non-scope issues that may arise during the course of the project. 2 • • If unusual or unanticipated conditions are encountered that would involve additional costs, we would immediately notify you to discuss modification of the study. Additional authorized services would be provided as outlined on the Schedule of Charges. 5.0 The person signing this contract for a business entity attests that they are empowered to act on behalf of the business. If this agreement meets with yonr approval, please sign in the space provided below, and send one copy to our Kirkland office address: AESI, 911 S'" Avenue, Kirkland, Washington 98033, to serve as formal authorization to proceed. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington The undersigned has reviewed and accepts the attached General Conditions "A". ~-a-~-fwi"q:e Authorized Representative Signature J.e,1-\ VI 1-f w -r: H ti'l11 (vt cr Client (please print name) Attachments: Schedule of Charges/General Conditions· A" BLBnd KBl<02'>9A2 Projoc:tsl201<0299lKElWP 3 • • Effective February 1, 2014 ASSOCIATED EARTH SCIENCES, INC. SCHEDULE OF CHARGES Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as follows: Personnel Cbarges -Engineers, Hydrogeologists, Geologists, Scientists, and Technicians Sr. Principal ................................................................. $190.00Ihour Principal ..................................................................... $165. OO/hour Sr. Associate ................................................................ $150.00/hour Associate ......... .c .....•...........••.....••.....••••.....•.......••.••.•••.• $140.00/hour Senior. ........................................................................ $130.00Ihour Sr. Project ................................................................... $120. OO/hour Project ........................................................................ $llO.OOlhour Sr. Staff ....................................................................... $95.00/hour Staff ............................................................................ $80.00/hour Legal Testimony (4 hour minimum) .................................... $250.00/hour Other Personnel and Disbursement Charges CAD Operator and Workstation .......................................... $90.oo/hour Prints -Sizes A and B ........................................................ $2.00/each Prints -Sizes C, D, E, and F ............................................... $5.00/each Project Assistant.. ........................................................... $75.00/hour Laboratory Technician ..................................................... $70.00/hour Clerical, Word Processing, etc .... c ••••••••••••.••••••••.•••••.••.•••.••• $58.00Ihour Computer Services (GIS) .................................................. $85.00/hour . Mileage .......................................................................... $0.65/mile Four Wheel Drive Vehicle ................................................... $0.80/rriile Per Diem ..................................................................... To be established on a project basis Subcontractors and Miscellaneous Expenses .......................... cost plus 15 % Water Level Data Logger ........... : ..................................... $50.00/month Barometer Data Logger ................................................... $4O.00/month Laboratory Charges Amended Topsoil Bioretention Suite .................................... $770.00/each Atterberg Limit ............................................................. $ 110.00/test Combined Sieve and Hydrometer ....................................... $193.00/test Consolidation .... c •••••••••••••.••••••• : .••••••••••••••••••••••••••••••••••• $385 .00/test Constant Head Permeability (ASTM:D2434-68) ..................... $385.oo/test Direct Shear ................................................................. $385.0013 point test . Ethylene Glycol Test (3 rock minimum) ............................... $115.00 Hydrometer .................................................................. $165.00/test Moisture Content ............................................................ $25.00/test Organic Content ............................................................. $70.00/test Percent Passing #200 ....................................................... $60. OOltest Permeability-Fines (Falling Head) ...................................... $200.00/test Permeability-Granular Soils (Falling Head) ........................... $200.00/test Proctor ASTM:D-1557 and ASTM:D-698 ............................ $200.00Ilest Sand Equivalent ............................................................ $llO.OOllest Sieve with Organic Bum ....................... ; .......................... $170.00/test Sieve with Wash #200 ..................................................... $110.00/test Specific Gravity + #4 ...................................................... $65. OOllest Specific Gravity -#4 ........................................................ $70. OOltest Other laboratory tests and equipment rental will be provided on a per job basis. Charge2014·Regl -WP\Linda\sD-2014 • !Ill -5" Avenue, Suite 100 Kirkland, Washington 98033 (425) 827-7701 -PAX (425) 827-5424 Right of Entry • ASSOCIATED EARTH SCIENCES, INC. GENERAL CONDITIONS "A" 2911 \;l Hewitt Avenue, Suite 2 Everett, Washington 98201 (425) 259-0522 -PAX (425) 252-3408 Effective Jq!y 2010 1552 Commerce Street, Suite 102 Tacoma, Washington 98402 (253) 722-2992 -PAX (253) 722-2993 The Client shall provide AESI legal a~ to andlor obtain permission for AESI to enter on all property. whether or not owned by Client. as necessary for AESI to perform and complete its work. Client is responsible to provide, by map or drawing. a description of the'property. its location and the location of any buried utilities or structures. including but not limited to, underground storage tanks. Any damage that results to a buried utility. or to Associated Earth Sciences. Inc. (AESl) or subcontractor equipment, will be the responsibility' of the client. Also, any additional charges for exploratory work, due to enCountering the utility. will be the responsibility of the client. We will take reasonable precautions to minimize damage from use of equipment, but have not included in our fee the cost for restoration of damage which may result from our operations. Hazardous Substances & Drill Cuttings Client warrants that, prior to AESI beginning work, it will provide AES1 with all infonoation known, or whieh reasonably could he known by Client concerning the past or present use of the property and the nature and existence of any hazardous conditions or materials, on, in, under, adjacent to or near the property. When hazardous substances are known, assumed or suspected to exist at a site, AESI is required to take appropriate precautions to protect the health and safety of its personnel, to comply with applicable laws and regulations, and to follow procedures that AESI deems prudent to minimize physical risks to its personnel and the public. Hazardous substances may exist at a site where there is no reason to believe they could or should be present. AESI and Client agree that the discovery of unanticipated hazardous substances constitutes a cbanged condition mandating a renegotiation of the scope of work or termination of services. AESI-and Client also agree that the discovery of unanticipated hazardous substances may make it necessary for AESI to take immediate m~sures to protect human health and safety, andlor the enyironment. AESI agrees to notify Client'as soon as practically ppssible should unanticipated bazardous substances or suspected hazardous substanceS be encountered. Client encourages AESI to take any and all measures that i,n AESI' s professional opinion are justified to preserve and protect the health and safety of AESI' s personnel and the public, and/or the environment, and Client agrees to compensate AESI for !lie additional cost of such work. In addition, Client waives any claim against AESI, and agrees to indemnify, defend and hold AESI harmless from any claim or liability for injury or loss arising from AESI's encountering of unanticipated hazardous substances or suspected bazardous substances. Client also agrees to compensate AESI for work perfonned in defense of any such claim, with such compensation to be based upon AESI's prevailing fee schedule and expense reimbursement policy. Client recognizes that, when it is known, assumed or suspected thathazardous substances exist beneath the surface of the project site, certain waste materials. sueh as drill cuttings and drilling fluids, should he handled as if contaminated. Accordingly, to protect human health and safety as well as the enviromnent, AESfwill appropriately contain and label such materials; will promptly inform Client that such containerization and labeling bas been performed, and will leave the containers on site for proper, lawful removal. transport and disposal by Client. Client waives any claim. against AESI and/or its professional staff, and agrees to defend, indemnify and bold AESI andlor its professional staffharmless from any claim or liability for injury or loss which may arise as a result of the drill cuttings, drilling fluids or other assumed hazardous substances being left on site after their containerization by AESI. Client also agrees to compensate AESI for any time spent and. expenses incurred by AESI in defense of any such claim, with such compensation to be based upon AESl's prevailing fee schedule "and expense reimbursement policy. AESI will act on behalf of Client to arrange for lawful removal, transport and disposal of hazardous substances and potentially contaminated drill cuttings, drilling fluids and wash water, if Client so requests, and Client agrees to compensate AESI based upon AESI' s prevailing-fee schedule and expense reimbursement. Soil, rock, water and/or other samples obtained from the project site are held by AESI for no longer than 30 calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected bazardom substances, it is Client's responsibility to select and arrange fur lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from AESI' s custody and transporting them to an authorized disposal site. Client is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for )awful disposal procedures. AESI will act on behalf of Client to arrange for laWful removal, transport and disposal of hazardous substances if Client so requests, and Qient agrees to compensate AESI based upon AESI' s prevailing fee schedule and expense reimbursement. Due to the risks to which AESI is exposed, Client agrees to waive any claim against AESI and/or its personnel, and to defend, indemnify and hold ABSI and/or its personnel harmless from any claim or liability for injury or loss arising from AESI's containing. labeling, transporting, testing, storing or other handling of contaminated samples. Client also agrees to compensate AESI for any time spent and expenses incUrred by AESI in defense of any such claim, with such compensatio~ to be based upon AESl's preva!Iing fee schedule and expense reimbursement policy. . Aquifer Contamination .Subsurface drilling and sampling may result in \mavoidable contamination of certain subsurface areas,.as when a probe or boring device moves through a contaminated area, linldng it to an aquifer, underground stream. or other hydrous body not previously contaminated and capable of spreading hazardous substances off-site. Because subsurface sampling is a necessary aspect of the work which AESI will perform on Client's behalf, Client waives any claim againstAESI and/or its personnel, and agrees to defend, indemnify and hold AESI andlor its personnel harmless from any claim or liability for injury or loss which may arise as a result of allegC(,! cross·contamination caused by drilling or sampling. Client further agrees to compensate AESI for any time spent or expenses incurred by AESI in defense of any such claim, in accordance with AESI's prevailing fee schedule and expense reimbursement policy. Ownership of Documents All designs, drawings, specifications, notes, data, sample materia.ls (exclusive of hazardous substances), report reproducibles and other work developed by AESI are instruments of service and as such remain the property of Associated. Earth Sciences, Inc. Third fortles" All services performed by AESI andlor its personnel under this agreement are intended solely for the benefit of the client. Nothing contained herein shall confer any rights upon or create any duties on the part of AESI andlor its personnel toward any person or persons not a party to this agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of the above. AESI shall not be responsible for the means, methods, or procedures of construction, nor for safety on the job si~e. nor for the contractor's failure to carry out the work in accordance with the contract documents. . • • Insurance Associated Earth Sciences. Inc. maintains General Liability Insurance for bodily injury and property damage with an aggregate limit of $1,000,000 per occurrence and we will furnish certificates of such insurance upon written request. Our liability to the.Client for bodily injury or property damage arising out of work perfo[]Iled for the Client for which legal liability may be found to rest upon us, other than for professional errors and omissions, will be limited to our General Liability Insurance coverage. AESI also maintains professional errors and omissions insurance. We will furnish certificates of such insurance upon written request. . . Standard of Care Services performed by AESI wtder this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members . of the profession currently practicing in the same locality under similar conditions. No other representation. express or implied, and no warranty or guarantee is included or intended in this agreement or in any report, opinion, and document or otherwise. Limitation of Liabitity (Option A -Lesser ot) To the fullest extent permitted by law, the total liability of AESI and its" principals; personnel and employees, to Client and anyon"e claiming by, through or under Clierit, for any and all claims,losses, costs or damages whatsoever arising out of, resulting from orin anyway related to the Project or this Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or breach of warranty express·or implied of AES! or its principals, employees or personnel shall ~ot exceed $50,000 or the total co~pensation received by AESI under this Agreement, whichever is less. Option B. -amount paid To the funest extent permitted by law, the total liability Qf AESI and its principals, personnel and. employees, to Client and anyone claiming by, through or under Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the Project or this Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict IiabiJ.ity, breach of contract or breach of warranty express or implied of AESI or its principals, et:np10yees or persoooel shall not exceed the total compensation received by AESI under this Agreement.· . The Client further agrees to require of the contractor and his subcontractors an identical limitation of AESI's andIor its personnel's liability for damages suffered by the contractor or subcontractors arising from the professional acts, errors, or omissions of AESI and/or its personnel. Increased. liability limits may be negotiated upon Client's written request, prior to commencement of services, and upon Client's agreement to pay an additional fee commensurate with the increased risk. Any such increased limit of liability shall be, established by written agreement signed by Client and AES!. As used in this paragraph,.the tenn "1iability", means, liability of any kind, whether in contract. tort, strict liability or otherwise. for any and all injuries, claims, losses, expenses, or damages arising out of or"in any way related to services provided by or through !U:!SI. . . Waiver of Consequential Damages Client expressly waives as to AESI all claims for lost profit or any other indirect? incidental or consequ~ntial damages of any nature. . . Indemnification Client shall indemnify? defend, and hold 'AESI andlor its perSonnel harmless against all claims, damages, losses, and expenses, including but not limited to attorney's fees and court costs arising out of or in any way related to the services provided by or through AESI; provided thJit such indemnification shall not apply to claims, damages, losses or expenses Utat arise out of bodily injury to persons or damage to property to the. extent call:Sed by AESI"s sole negligencej provided further that Client shall indemnifY AESI against liability for damages, lOsses, or expenses arising out of bodily injury to persons or d~e to property ,and caused by or resulting from the concurrent negligence of Client, its agents or. employees and AESI, oply to the extent of!pe negligence of parties other than AESI. CLIENT AND AESI AGREE THAT THE PRECEDING PARAGRAPHS RELATING TO LIMITATIONS OF LIABILITY, WAIVER OF CONSEQUENTIAL DAMAGES AND INDEMNIFICATION WERE MUTUALLY NEGOTIATED AND THAT Bur FOR THE INCLUSION OF THOSE PROVISIONS AESI WOULD NOT HAVE ENTERED INTO TIllS AGREEMENT, OR AESI'S COMPENSATION UNDER TIllS AGREEMENT WOULD HAVE BEEN HIGHER. . Stability of Slopes The Client also recognizeS that risk is inherent with any site inv,?lving slopes and Client agrees to accept full responsibility for th~e risks. Client states that he understands that the infonnation obtained or recommendations made may help to reduce the Client's risks and that no amount of engineering or geologic analysis can yield a guarantee of stable slopes. Therefore, in cases where there is no fault (i.e. no professional errors, omissions or negligence), Client agrees to hold harmless, defend, and indemnify AESI and/or its professional staff for claims from any source in the event of slope movement and any damage resulting. Attorneys 'Fees In the event the Client makes a claim against AESI and/or its personnel, at law or otherwise, for any alleged. error, omission or other act or failure to act arising out of this agreement, and the Client fails to prove such claim or prevail in an adversary proceeding, then the Client shall pay all costs incurred by AESI, andlor its personnel, in defending against the claim. In all other legal proceedings between the parties, the prevailing party shall be entitled to recover reasonable attorney's fees and costs? including expert witness fees and all litigation related expenses. Billing Invoices will be S'\lbmitted·once per month and are payable upon receipt. Interest of 1-112 % per month (but not exceeding the maximum rate allowable by law) will be added to any account not paid within 30 days. Termination In the event that the Client requests tennination of the work prior to completion, we reserve the right to complete such analyses and records as required to place our files in order as we consider necessary to protect our professional reputation. At our discretion, ~ te;nnination charge may also be made to cover our proposal and administrative costs relating to the project. Priority of Provisions The provisions oftbese General Conditions supersede all other terms and·cpnditions of the agreement between Client and AESI. Ge:nCon2013-Al-WP\Linda\SD-2013 Client Initials ___ _ • •• Laureen M. Nicolay From: Sent: To: Cc: Laureen M. Nicolay Thursday. June 05. 2014 11:50 AM Clark Close Vanessa Dolbee Subject: RMC 4-3-050L3b relating to increased buffers for streams abutting protected slopes Below is the code section I was thinking of. L3b. Increased Buffer Width: . i. Areas of High Blow-down Potential: Where the stream/lake buffer is in an area of high blow-down potential as identified by a qualified professional, the buffer width may be expanded an additional fifty feet (50') on the windward side. Notifications may be required per subsection F8 ofthisBection. (Ord. 5676,12-3-2012) ii. Buffers Falling Within Protected Slope or Very High Landslide Area: When the required'stream/lake buffer falls within a protected slope or very high landslide hazard area or buffer, the stream/lake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. Notifications may be required per subsection F8 of this Section. 1 ------------------------• • Laureen M. Nicolay From: Laureen M. Nicolay Sent: To: Cc: Thursday, June 05, 2014 6:20 PM Clark Close Vanessa Dolbee; Steve Lee; Jan lilian Subject: Secondary Review of Geotechnical Report, LUA14-000190 Sorry, I should have mentioned this in my earlier email. 4·3·050J2 Special Studies Required: a. Whenever a proposed development requires a development permit and a geologic hazard is present on the site of the .. proposed development or on abutting or adjacent sites within fifty feet (50') of the subject site, geotechnical studies by' ... gUi'lified p.rofessio~als.shall be.requir.ed. specifically, geotechnical studies are required for developments. proposed on·: :i sites with any of the followin"g'geologic hazards: iii. High erosion hazards; iv. High seismic hazards; v. Medium or high coal mine hazards. b. The required studies shall demonstrate the following review criteria can be met: i. The proposal will not increase the threat of the geological hazard to adjacent or abutting properties beyond pre· development conditions; and (Ord. 5676, 12-3-2012) ii. The proposal will not adversely impact other critical areas; and iii. The development can be safely accommodated on the site. c. A mitigation plan may be required consistent with subsection F8 of this Section. (Ord. 5676, 12-3-2012) r~,~_ ";,~-r:::7:~ '! '" ',:: _'. ~~:;')'(_ ",;:J~-~, ::":t"::--7';, " .. " 't~~.-'~-;;!'--:i,7~,~r;7i~:~" ,:~,~_~~r -~'I"'Ir;:~:-:'~":"~:;7'~-~C7'~' _-:-'1':~---: r'·~--~-:."~ ~ .:l,.d.!)I!!!P.~.!)_~~!)!:§.~.l<Qmll!rh.~~Y.I~~.:.!lJg~p.~n.g!lQ!.~~l<QDs!~ry.C~.Y!'3.Yl\.!.§:[~g~![!ls!.&Sm~.!~l~!1!,l!ittI]J'.~Q§.ef!lg.!l£L.Qf!h!§§!l£~P!1· F7. Independent Secondary Review: The City may require independent review of an applicant's report as follows: 1 "." '.. , .' a. Aquifer Protection Areas, Flootazards, Habitat Conservation, Streams a!Lakes, Wetlands: When appropriate due to Ihe Iype of critical areas, habitat, or species present, or project area conditions, the applicant may be required to prepare and/or fund analyses or activities, including, but not limited to: • 'j. i. An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate. This shall be paid at the applicant's expense, and the Administrator shall select the third-party review professional; and/or ii. A request for consultation with the Washington Department of Fish and Wildlife, Washington State Department of Ecology, or the local Native American Tribe or other appropriate agency; and/or iii. Detailed surface and subsurface hydrologic features both on and abutting the site. (Ord. 5676, 12-3-2012) ~. ~. MRHr;i,;p~r!~i!!j1~;·!~·~;r:;:'::i;;Ii!~~T,fiJ!;ir.l0:.;g(iE:;';0fift!::~;,:I!;::~:r;~::J~;:p!!);hj;7'7h!;'::'7i;:::;E;rr,P:;j:~:;;;~iJ"iji~r;~;:;:',t~!,;,~!i1q~~~'l:;::~rl I':: ;;:fj. ,;, ';;'1:";~~~ . h.B.Jt4.!!!.i:!l..!!::::"Se!!,sitiy§ andlProtecteJ:LSlolles; a·n.!t.MeiliUm,l:!.!g!:!,J>J:Very·High Landslid!!l:!.!.za·rds: All .. ... '.'., "geotechilical reports'submitted in accordance with subsection J2 of this Section, Special Studies' Required, and '.,., chapier 4~8 RMC, Permits':' 'General imd Appeals, shall be independently reviewed by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with subsection D4b of this Section, Review Authority -Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. ii. Required for Critical Facilities in Volcanic, High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: The City shall require independent review of a geotechnical report addressing a critical facility by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with subsection D4b of this Section, Review Authority -Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. iii, At City's Discretion -Volcanic, High Erosion, High Seismic, Medium Coal Mine, or High Coal Mine Hazards: For any proposal except critical facilities, the City may require independent review of an applicant's geotechnical report by qualified specialists selected by the City, at the applicant's expense. Please feel free to call with any questions, .t~ 1Ue<Jta" Senior Planner Department of Community and Economic Development 425-430-7294 2 Laureen M. Nicolay From: Sent: To: Cc: • Laureen M. Nicolay Tuesday, June 03, 20146:01 PM" Rocale Timmons; Clark Close Vanessa Dolbee; Chip Vincent • Subject: Attachments: Additional Critical Areas Information Needed for LUA14-000568, Merlino Short Plat Merlino Map.pdf; Merlino Map.pdf Hello Rocale and Clark, You're right that the mapped stream (Thunder Hills Creek) is greater than 100 feet from the subject site. But the project plans -which could be clearer -appear to show two streams: One within 20' or so of their SE property boundary and another one that is around 75' from the SE property boundary. Neither is depict~d "on' our stream maps. Per RMC 4-8- 120C, these are "unclassified ~treanis"" and they require a stream study and a secondary strl!am study to be conducted."" ... " , ' , . 4.-8-120C8: "A standard stream or lake study is required for any application proposal. A supplemental stream or lake study is also' requir~d if anunclas~ifiad stream is involved, or if there" are proposed alterations of the water . body or buffer, as identified in the standard stream or lake study." The code also requires a ~tream stu"d y if there is any stream within 100 feet of a development site. Also somewhere in RMC 4-3, it states that when there are protected slopes abutting streams, the buffers for the streams increase from the standard footage requirement (whatever that might be based on the stream type) to the top of the slope. The project appears to be proposing to relocate an existing WSDOT access road much closer to the depicted stream(s) and, depending on the category of stream(sl, possibly within the buffer. The project plans also depict another watercourse labeled as a 'ditch' on the subject property. It would be good to clarify with a biologist that that this is not a regulated stream. There is also wetland depicted on the project plans near the site that is apparently associated with these watercourses, but I did not see a delineation or classification by a biologist: only a geotechnical report with a subheading of "critical areas report". We would need an actual wetland evaluation in order to know the wetland's category and ifthe proposed project impacts any required buffers. Before proceeding with any further project processing or a SEPA determination, I suggest we get more information on the nearby critical areas, specifically that we request the following additional information so that we can have a complete application on which to do a thorough evaluation of the project impacts: • Stream Study and Supplemental Stream Study meeting the requirements of RMC 4-8 • Wetland Delineation Map meeting the requirements of RMC 4-8 • Wetlands Assessment meeting the requirements of RMC 4-8 • Wetland Mitigation Plan (only if the delineation or assessment shows impacts to the wetland or it's buffers) From: Rocale Timmons Sent: Tuesday, June 03, 2014 4:40 PM To: Laureen M. Nicolay Subject: RE: Merlino 1 HALI~ LAW • David L Halinen, P E . AttorneY at law davidhalinen@halinenlaw.com Seattle' 206.443.4684 • Tacoma' 253.627.6680' Fax' 253.272.9876 • Cell' 206.713.0992 Harinen Law Offices, P.S .• 1019 Regents Blvd Ste 202 Fircrest. WA 98466-6037 • halinenlaw.com HAND-DELIVERED City of Renton Department of Community and Economic Development Planning Division 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: Rocale Timmons, Senior Planner April 24, 2014 RE: Merlino Land Development Co., Inc.'s proposed Merlino Short Plat Street Address: 801 Cedar Avenue South, Renton Request for an Exception through Waiver under RMC 4-3-050J5d for placement of a wedge-shaped sliver fill and part of a retaining wall within a small portion of the Protected Slope area on proposed Tract A of the short plat, a fill that is necessitated by and associated with public road widening for a required cul-de-sac bulb at the south end of Cedar A venue South Dear Ms. Timmons: On behalf of my client Merlino Land Development Co., Inc. ("MLDC"), the owner of the property on which the seven· lot plus one tract Merlino Short Plat is proposed, I am writing to request an exception through waiver under RMC 4-3-050J5d for placement of a wedge-shaped sliver fill and part of a retaining wall within a small portion of the Protected Slope area on proposed Tract A of the short plat, a fill that is necessitated by and associated with public road widening for a required cul-de-sac bulb at the south end of Cedar Avenue South. Let me explain. Factual Background Underlying This Request An existing public street, Cedar A venue South, extends along the south edge of the MLDC property from the property's north end (at Cedar Avenue's "tee" intersection with South 7'h Street) south to nearly the property's south end. In addition to some widening of the west edge of Cedar Avenue that the City has advised MLDC will be required along the frontage of the proposed seven lots, the Fire Department's Corey Thomas has advised MLDC that an approved 90-foot minimum cul-de-sac turnaround is required to be constructed at the south end of the MLDC property because Cedar Avenue exceeds 300 feet in length. Core Design, Inc. (MLDC's engineering, land use planning, and land surveying firm for the proposed short plat project) has prepared a Preliminary Grading & Utility Plan that depicts the required west e~ptl;JlfD Cedar Avenue including the portion of the widening needed for the required cul-M-'sa~ (Ah \f t= inch by l7-inch reduced-size copy of that plan is attached as Exhibit A.) APR.2 1I 1;)\4 CITY OF RENTON PLANNING DIVISION I ,-• • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 2 Substantial portions of the MLDC property lie within areas of protected slopes, slopes that were created in 2009 as part of the 1-405 Renton Stage 2 Widening Project. The location of the existing areas of "protected slopes" on the property have been color-shaded by Core Design on an II-inch by 17-inch reduced-size copy of the Preliminary Grading & Utility Plan-see attached Exhibit B. Substantially more than half of the area of the proposed cul-de-sac bulb will lie within the existing boundaries of the subject property, and the remainder of the cul-de-sac bulb area will extend east across the Cedar Avenue right-of-way to Cedar Avenue's existing east curb line. Fitting such a large cul-de-sac into the proposal's design was challenging due to both: (1) The existing gravel access road to the WSDOT stream mitigation area on the State of Washington's property to the south of the MLDC property, an existing gravel access road that: (a) Extends west-southwest across a southeasterly portion of the site (within easements reserved by the State of Washington in a deed) from (i) a location starting at Cedar Avenue's west edge (roughly 80 feet north of Cedar Avenue's south end) to (ii) the easterly middle portion of the site's south boundary and (b) Continues into the property to the south of the site owned by the State of Washington and (2) The location of existing steep slopes (including areas of "protected slopes" in the southeast portion of the property-for a close-up view of the southeast portion of the property along with (a) color-shaded areas of protected slopes, (b) the proposed cul-de-sac, (c) other infrastructure design features proposed as part of the short plat project, and (d) a proposed wedge-shaped fill area extending southwesterly from the southwest edge of the cul-de-sac onto a portion of the protected slope area along with part of a retaining wall, see the II-inch by 17-inch plan exhibit attached as Exhibit C). However, Core Design has developed a proposed location for the cul-de-sac that will appropriately provide for both: (I) Relocating the eastern end of the existing WSDOT gravel access road so that that access road will skirt the south end of the proposed cul-de-sac [see attached Exhibit D. an ll-inch by 17-inch color exhibit sheet • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 3 prepared by Core Design that provides a close-up view of the south end of the proposed short plat and depicts (a) the portion of the existing on-site WSDOT gravel access road proposed to remain in place in conjunction with the short plat (the portion shaded in light purple), (b) the portion of the existing on-site WSDOT gravel access road proposed to be eliminated in conjunction with the short plat (the portion shaded in light yellow), and (c) the proposed replacement segment of the WSDOT gravel access road (the portion shaded in light orange)) and (2) Locating the entirety of the cul-de-sac outside of any "protected slope" area, although some filling to the southwest of the cul-de-sac within a protected slope area and part of a retaining wall is necessary due to the need to keep the elevation of the cul-de-sac's southwest edge high enough in order to keep the cul-de-sac surface's cross-slope to a reasonable maximum grade (currently expected to be a grade of about 6 percent)- that filling and that part of a retaining wall within a protected slope area are depicted on attached Exhibits A, fl., and Q. Portions of Subsections J5 and J6 of Section RMC 4-3-050 That Relate to the Requested Waiver for the Proposed Wedge-Shape Fill and part of a retaining wall within a Protected Slope Area The following portions of subsections J5 and J6 of RMC 4-3-050 relate to the requested waiver for the proposed wedge-shape fill and part of a retaining wall within a portion of the MLDC property's larger protected slope area: 5. Protected Slopes: a. Prohibited Development: Development is prohibited on protected slopes. This restriction is not intended to prevent the subdivision or development of property that includes forty percent (40%) or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads. * * * d. Exceptions through Waiver: Exceptions to the prohibition may be granted for installation of public utilities which are needed to protect slope stability, and public road widening where all the following provisions have been demonstrated: • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 4 i. The utility or road improvement is consistent with the Renton Comprehensive Plan, adopted utility plans, and the Transportation Improvement Program where applicable. ii. Alternative locations have been determined to be economically or functionally infeasible. iii. A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard, and measures are identified to eliminate or reduce risks. iv. The plan for the improvement is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. Where the excepted activities above are allowed, the erosion control measures in subsection J6 o(this Section, Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards, shall also !JJ!J!iJ!. 6. Sensitive Slopes -Medium, High and Very High Landslide Hazards - High Erosion Hazards: The following standards apply to development on sensitive slopes, medium/high/very high landslide hazard areas, and high erosion hazard areas: a. Erosion Control Plans: Development applications shall submit erosion control plans consistent with subsection 12 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits and Appeals. b. Conditions of Approval: A development proposal may be conditioned to achieve minimal site erosion, including, but not limited to, timing of construction and vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. Mitigation plans may be required consistent with subsection F8 of this Section. (Ord. 5676, 12-3-2012) c. On-Site Inspections: During construction, weekly on-site inspections shall be required at the applicant's expense. Weekly reports documenting erosion control measures shall be required. • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 5 (Boldfacing in the original; italics and underlining added for emphasis.) Argument in Support of the Requested Waiver The proposed wedge-shaped sliver fill and part of a retaining wall on a portion of the property's larger protected slope area is obviously necessitated by the widening of Cedar Avenue for the required cul-de-sac. Thus, the initial predicate of RMC 4-3-050J5d for an exception through waiver (i.e., installation of public utilities which are needed to protect slope stability or public road widening) is met. In regard RMC 4-3-050J5d(i), note that the "Goal" of the Comprehensive Plan's Community Planning Element is "to improve the livability of Renton's neighborhoods .... " Widening Cedar Avenue with a cul-de-sac bulb at the street's end as proposed will certainly improve the livability of the existing neighborhood across the street to the east from the MLDC property, making the proposal consistent with the Renton Comprehensive Plan. I have found nothing in the adopted utility plans or in the Transportation Improvement Program that bears on the issue of their consistency with the proposed cul-de-sac road-widening improvement. Thus, I conclude that the adopted utility plans and the Transportation Improvement Program are inapplicable for purposes ofRMC 4-3-050J5d(i). In regard RMC 4-3-050J5d(ii), an alternative location for the cul-de-sac is certainly not functionally feasible because the cul-de-sac needs to be at the south end of Cedar Avenue to serve the proposed short plat's lots and the existing lots across the street to the east. Thus, the subject request for an exception through waiver satisfies RMC 4-3-050J5d(ii). RMC 4-3-050J5d(iii) and (iv) are both met here because the geotechnical Critical Areas Report dated April 23, 2014 prepared by Icicle Engineers, Inc. for the Merlino Short Plat both (!) includes a geotechnical evaluation indicating that the proposal will not increase the risk of occurrence of a geologic hazard and identifies measures to eliminate or reduce risks and (2) demonstrates that the plan for the proposed cul-de-sac road-widening improvement (and the associated subject wedge-shaped sliver fill and part of a retaining wall on a small portion of the larger protected slope) is based on consideration of the best available science as described in WAC 365-195-905. 1 Section 9.0 (and its subsections 9.1 and 9.2) of the geotechnical Critical Areas Report dated April 23, 2014 prepared by Icicle Engineers, Inc. for the Merlino Short Plat state: 9.0 RISK EVALUATION 9.1 COMMENTS RELATING TO SUBSECTIONS (iii) AND (iv) OF RMC 4-3-0S0J.S.d The above-stated design and construction practices are recommended to reduce risks. If these design and construction practices are implemented, in our opinion the proposal to modilY the Engineered Slope in the area near the cul-de-sac with a sliver fill and retaining wall should not increase the risk of slope failure to an unacceptable level (FOS less than 1.5). In addition, the planned sliver fill and retaining wall improvement within the Protected Slope in the cul-de-sac • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 6 The applicant recognizes that if the requested exception through waiver is granted, the erosion-control measures in above-quoted subsection J6a of RMC 4-3-050J5 (Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards) will apply. In view of the above, MLDC hereby asks that its request for exception through waiver be granted. Sincerely, HALINEN LAW OFFICES, P .S. ~L~ David Halin n Enclosures (Exhibits A, B, C, and D) cc: Merlino Land Development Co., Inc. Attn: Jim Blais (with copies of enclosures) Core Design, Inc. (with copies of enclosures) Attn: Lafe Hermansen, Director of Planning Attn: Sheri Murata, PE Icicle Engineers, Inc. (with copies of enclosures) Attn: Brian R. Beaman, PE, LG, Principal Engineer/Geologist Attn: Kathy S. Killman, LEG, Principal Engineering Geologist Y:\cf\2497\014\Waiver\Timmons LTI F2 [4-24-2014 (regarding waiver request)].doc bulb area is being designed using locally accepted current standards of engineering practice ("best available science" as described in WAC 365-195-905). 9.2 COMMENTS RELATING TO RMC 4-3-050J.2 Consistent with RMC 4-3-050J.2, (1) the project should not increase the risk of Geologic Hazards to adjacent or abutting properties beyond pre-development conditions, (2) the project should not adversely impact other Geologic Hazards, and (3) the development can be safely accommodated on the site with careful planning by the design team. Note that the "above-stated design and construction practices ... recommended to reduce risks" are set forth in section 8.2.1.2 of the geotechnical Critical Areas Report dated April 23, 2014. • • ,K9L ,-- ~"., JJ <11i3d1)l:;-i ,) ,:'0 m~1 "'!"~~:~~Z.l " J-.. 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I I ". \ I.~· I ---, I> I ,---"~ : ':;; ".; I ---_ I -~AXIMUI"1 WATER 5URf'ACE:2~ nyp) I ..... , I ___ /1 1 /1 _;;.--,~!,""l"" ~"<:; .......... ""-, ~~>. I _ __ _rfl. ~,..: eoTTorh LIVE &tQRAGt=:=216'( Ii 5EFARA~ION TO EX SEWER II SEPARATION TO EX STORM P~OP05ED 11" STORM DRAIN ~rl~/~I ~ ..t. \ ,1_'-_ I' ,~;-'z; I ~~ _ -=--:.-tl" I~>-•• BOTTOO DEAD &TORAGE·2120(CELL ~~T~~:",I:;r\_ .~:._ <-1 --1-__ ---'- ~ ___ J.po_ i f'~~':~ EX. TO EX. ~, f1).JIJ stC_ COOoO /SSIIASS[WSl( to S t:ONt IIOMJ~E~I ':20 ~ 1)1 III CASE 18 L.I19 * TRACT A IS TO ~AS6 W AN ExISTh:> N::>~SS>. ec.~SS. AND UTILITY EASEMENT UNDE~ K.C. ~COI'iOINGo NO. 1~102)0'301, (V AN EXI&TfIo,6 PERf'ETUAI. I~~SS .AND EG~S5 EASEMENT ~SE~D ey TI-IE STATE OF WA&I-IINCoTON I..NOE~ KC. ~COROINCo NO, 2011Oe02000!>36, C3J AN E)(ISTINaI TElOMlNAeL.E It-GR:ESS AND EGI'<ESS EASEMENT RESEI'itVEO BY TI-IE STATE at lllASi-lINCoTON U'lOE~ "-C. R:EC. NO. 201108O2000!>38 (A PORTION OF U.I-IICI-I EASEMENT IS PROPOSED TO eE RELOCATED). (.) AN EXISTINCo SOIL NAILS EA5EMENT ~SERvED BY TI-IE STATE OF UJASI-III>IC#TON U'lDE~ "-C. RECO~INC. NO. 2011Oe02000!>!&. (!o) A STor;<M DAA1NAGt.E Dlecl-lAI06E PIPE ANO OUTFALL AND DAAINAGE DITCI-ES, (f>; A u.eDOT GRAVEL ~AD FOR ACCESS TO WSOOT'S STR!EAM MIT~ATION AREA TO Tl-IE SOUTI-I Of' TI-IE TRACT, (1) A ~D RETAINN::> I.iJALL ANO 5I..OPE NEAR TI-IE PROPOSED CUL-DE-SAC BULB. AND (&) A F'ROF'OSED NATIVE CoROWTI-I PROTECTION EASEMENT OVER pORTIONS OF TI-IE TRACT TI-IAT ARE PROTECTED SLOPES (~TI-I SOCI-I EASEMENT ~D TO BE SUeJECT TO A RlGII--IT OF LOT aLNER!> AND TI-IE I-ICIMEOJ.NE~ Aseoc.IAT!ON, IF ANY, TO TOP TREES WlTl-IlN T+-<E NalF'E FOR PRESERvATION OF viEWS TO TIoE !lEST AND NORT~ST F~ TI-IE FUTU!Oi£ WOMES AND ~AR Y A~S ON TIoE ~D LOT5J. ~<S " '0 Ii ~_::.._ ... t~-.J \" :~ '7':-~_= ==-~~~~":_-: ~~-_~ L ____ _ ~=--JZ~~ --_"(~.-: ----- -:/' ~~:-ior~ .~ ~G. ~r I CEDAR AVENUE SOUTH R/W SECTIONA-A NO SCALE '-PROPOSED CfIl£Nf CCNCR[Tf CVIi'JJ • -.--PfR Co.R. sro ()IIIC • / /" ' ~ /' .-/ ',-' ,,/-...-~ " ...... 'y-: >2 "---~ I ', ..... ........ ",-" //~' . MIN 12~·WIOE.. . / /' ~ ~', """ ---':, ( 'I, -, ' ,"-, ~ /".// -----> .' >',/ .. .. /. ... /:' -::. ----/. --=-. '\ ~ /' -=/:~J~;;-,:: " -" -"// ;."~-,\'\'.~ ',- .... -~ ,~---h-~-~',;:~.~ ~-.~\\ \ < ,j:;;r' ~/I/ -:--, :-<;'-7 ': j" J... ') "I ... J. '.' I'--~ ---/" d -, ,'" <' ,'-/ ", > I 1,-.;', "//(' _' I " /' '\ i, i' I ':, . I .,. ~ { \. I J I~~ . .' --.. \ "~", ~ f \ '\ (",-' ';I-~, /' '/ .' . ')7' --~ \/ \,:' ............. " .. ~'.1 ,:\.:\'~/.\ \~' ~,;-j~~1 --' \.\ I ~/"-._l.~ -.--,..,." "./ .... ~ ....... -"""', ..,,"'-' , \". ': .: _ __.. -......... , ',I "\ \ ::---, \ \' f~"'--. " --,-( i" \ ~, -.--~~~ ---:;::::. '--~: =ei~.)--1 SCALE: 1" = 40' 20.0 I!O ;; I EB viCINITY MAP I" • 12 ...... ·, IEXHIBIT AI ~ DATUM NAVO,""" BASIS Qf BEARINGS N~'!>'!I'2!>"W ALONt::"s TI-IE NORTI--I LINE OF TloIE P>IORTI-llJEST QJARTER OF 5ECTION 20 eETIlEEN T+-<E FOI.ND NORTI--I QJARTER CORNE~ AND TI--IE FOUND seCTION COFiNER PEFl I'ifCORD OF SUIlVET" RECORDED t.t-IDER RECO~INal ,.",.,eER 2000101O12'!OOOO1. BENO-It1ARK CITY OF RENTON BENCj.f'1AIOK t<U16ER .1& eRAS& PIN IN CONCR:ETE I'"1C'N.J"1ENT LOCATED AT T+-<E INTERSECTION OF SOUT+-< 1TI-I STREET AND RENTON AvEi'lJE sour+-<. ELEVATION~.eo (~311OM) OIlNER/APPLICANT MERLINO LAND DEveLOPMENT CO. INC. ~ 15T Ave 5, SUITE 102 SEATTLE. WASI-IlNCsTON ~IO" (201)) ~.e&1. PLANNER/ENGINEER/SURVEYOR CORE DE51GN INC. I"'tl NE. 2'!1TI-I PL.ACE. SUITE 101 eELLEWE. WA$l-lI~TON 'S8001 (.2S) ee!o_l&ll CONTACT, LAFE I--IEIOMANSEN· PLAI+IER S+-<E,:;tl MUAATA. PE •• er-t:i-tNEER ~ee:RT D.IlEST, PLS .• SURVETOR LEGEND 'lIIf-PI'<OF'OSED CONTOUR -MI-EXISTIN::i CONTOUR NOTES D~VEWAY LOCATION!.> ARE ~LlMINAR:T AND soeJECT TO CI-lANCiE. ONE OR MORE DRivELUAY CURe CUTS MAY !SE CONSTRUCTED ALCN::o TI-I£ CUL·OE·SAC auLB TO SERVE A i--ICIME ON LOT'. :i' §8~ ... ~ ~ ~ ii: 1i:; t: ~ "- '" D ~ ~ ~ ~ ~{~ . , <:J Z ~ ~ > • ~ <:J Z Z Z < ~ ~~ , (~)I C! ~ ~ ... ~~ ~ ... o1Jll:: 1!lC) ~::t ClII) ~C) ~~ ct..,j ~~ ~~ Lij ~ (,l ~ C' u ... ~ ~~ C~~ "'~~ ~!.!I L&.i"l;t...:; " .... "'" .... \(l '-~~~ :3 c ~ ~ ~ ~ iii ~ ~ iii A fi l /; "/ ~ t ~ t?/ ~ /l / ~/" I! '" I, :::> ~ • • . ':;L'.J""" ~--./ --:-~'" -.-j-Y\ \ \ ( ----/' \ ~ -" _ (/i,"---' \ \ \ ,--_" '-.. ,"_,_ ~ __ , ,(!M LL~ ':'it 5' CONe w 2, I ----l 'p ; nr l'l so . _' I , ! i I I ." " '---. '--\~! \~\'\ \~ \ ~ \' ''PROTECTED SLOPE" AREA EXHIBIT C LEGEND 4 "pROTECTED SlOP£" AREA (PER RMC 4-11-190) PROPOSED RETAININC WAll ~ 1 SCALE: 1" = 40' o 10 20 40 ! ; ~ 1 \\ \~ '4~"--7 ~\CO:\ E 22'J:~"", \ I I ')J?~~j)~»\1 ';)l/))\ ,f-/ i -(\ / ~c iif! / /':" 'l / / / /7<;./4"-'"""-1-"""'_ ),,/j; j/ /''l //, ! 1/ /:1///1// / / / / /jll ) . / /' / / /;' / I ( / I / I / I / / / / , / /, i ///1(/ ( I ~ li ~ ~ §5 ;;: (3 MERLINO SHORT PLAT -SOUTH END OF PROPOSED SHORT PLAT @f =:,..::,::-.=:, ENGINEERING -PLANNING -SURVEYING ~! PROPOSED CUL-DE-SAC (WITH UNDERL YINO PROPOSED DETENTION ""0: RENTO~ WA MARCH 20,2014 PROJECT NUMBER: 04139M ~~' VAULT)~ WSDOTACCESSROADMODIFICATIONS -~ ~::::s ~ ;;; ~ ~ ;;; A ~ / / / \- ! /; " ~/'~ ~' ii, '"' ~ • • " / --1+"\\ \ \ ./" /' \ ! \ \ , -, \: 1// --\ \ \ '--~ .:,_. _ .. , ____ , \ "" ,.-.. CENTfR IY PRfP()S£D CIJl. -DE-SAC \ \ \ \ ' I , I ! I \ i ! i '(' i_ 'C!--'il' " I '" \ \ I ~ ~ 1405 LLC PROPERTY -SOUTH END OF PROPOSED SHORT PLAT !!l ~ ~ PROPOSED CUL-DE-SAC (WITH UNDERL YING PROPOSED DETENTION RENTON, WA ~ VAULT), WSDOT ACCESS ROAD MODIFICATIONS, AND WALL LA YOUT .., ( IEXHIBIT DI LEGEND , PORnON OF EXISTING ONSITE WSOOT G'i'A IofL ACCESS ROAD TO REMAIN. PORTION OF EXISTING ONSITE WSOOT G'i'A IofL ACCESS ROAD TO BE EUMINA TED PROPOSED REPLACEMENT SEGMENT OF WSOOT G'i'AIofL ACCESS ROAD PROPOSED WALL SCALE: 1" = 40' cOilE ~DESIGN o 10 20 40 14711 NE291h1'lOQPSoXr. 101 ".,.. .... , Washington 98007 ~2!i.88!iJ877 fo.425_885.7963 ENGINEEflING· PLANNING· SUflVEYING APRIL 17,2014 PROJECT NUMBER: 04139M I ,~ • . 't • • I 1 ~ ; I I aSSOciated. earth sciences InC(!l'poralec1 May 23, 2014 Revised May 29, 2014 Project No. KEI40299A CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF ASSOCIATED EARTH SCIENCES, INC. AS A CONSULT ANT AND ADVISOR . ,This ag~eelllenthas been entered into.;at , " ," " " . ." ' .. ' , . Associated. Earth Sciences, Inc. >.' .'9115th Avenue' K;~kland,Washington 98033 'on this 29 th day of May 2014 between Client: Attention: City of Renton -Current Planning 1055 South Grady Way Renton, Washington 98057 Clark H. Close , . . ',; . , , .-,' . ' - , , ' :,,' , ,;' .. ' , : :. . , ' . hereinafter referred to as "Client," and Associated Earth Sciences, Inc. (AESI), hereinafter referred to as "Geotechnical Consultant," for mutual consideration as hereinafter set forth: 1.0 The description and location of the project on which the Client contracts the Geotechnical Consultant's services are: The subject site consists of property located at 700-800 Block of Cedar Ave. S. / PID 202305- 9085 and 000720-0194 in Renton, Washington. Based on our discussions with you, we understand that, as part of a proposed seven-lot residential development at the subject site, two reports were prepared by Icicle Creek Engineers, Inc. (Icicle Creek). We understand that the City of Renton has a concern regarding the potential for instability on the steep slope at the subject site, both during and after construction of the proposed improvements. Specific areas of concerns include the following items: I) existing slope versus designed slope and their respective factor of safeties; 2) wall design over proposed fill on recently constructed steep slopes; 3) increased drainage discharge onto WSDOT downstream steep slopes and drainage Kirkland Office I 911 Fifth Avenue I Kirkland, WA 98033 P I 425.827.7701 F I 425.827.5424 Everett Office I 2911 l> Hewitt Avenue, Suite 2 I Everett, WA 98201 P I 425.259·0522 F I 425.252.3408 Tacoma Office I 1552 Commerce Street, Suite 102 I Tacoma, WA 98402 PI 253.722.2992 F I 253.722.2993 www.aesgeo.com . , • • ditch and how it would affect toe issues for that existing slope; 4) soil liquefaction; 5) slope sta~ility analysis; 6) anticipated weights before and after constructed plat (weight analysis would assume full water weight of soils per cubic feet due to required flow control BMPs for each home.); 7) coal seam impacts from past boring records; and 8) effectiveness of proposed mitigating measures for impacts. AESI has been requested to perform a geotechnical peer review of the Icicle Creek reports. 2.0 Geotechnical Consultant agrees to provide the following services: Our work will be limited to an independent peer review of the Icicle Creek reports, as they relate to the steep slope, the proposed project,a'nd the Rentrn Municipal Code (RMC) Critical Areas Regulati9t1S CRMC.4,3-050), to provide. our geotechni7~1 opinion regarding the proposed'. :; . . improvements, given the information provided in the Icicle ·Creekreports. No' subsurface. exp lorations will be conducted. The findings of our study will be provided in a written ·Ietter. .. ... : , . . '" '. :. , ,1:. .".', . 3.0 Client confirms that the Geotechnical Consultant has explained tlie 'frill range of services it offers and the manner in which they could be applied to this project. ·Clierit also confirms that he has understood the value and benefit of these services and has of his own accord decided upon those identified in paragraph 2.0 above. Client agrees to hold the Geotechnical Consultant harmless for claims of any kind that may arise from any source due to the Geotechnical Consultant I s failure to provide services that Client has specifically not included in the list of services identified in paragraph 2.0 above. Client further agrees to indemnify the Geotechnical Consultant for the cost of defending any such claims and any awards or settlements resulting therefrom. 4.0 The Client accepts that all services are provided in accordance with the attached Schedule of Charges and General Conditions "A," which are made a part of this contract by reference. Client further agrees to compensate the Geotechnical Consultant for their services, and to reimburse the Geotechnical Consultant for expenses incurred on Client I s behalf as follows: Time and Expenses Estimate: ................................ $3,500 to $4,000 Our work would be conducted on a time and expenses basis in accordance with the attached Schedule of Charges and General Conditions "A." Any additional services beyond the authorized scope of work that are conducted by AESI at the request of the Client would also be conducted on a time and expenses basis in accordance with our Schedule of Charges and General Conditions "A." Such additional services include, but are not necessarily limited to project meetings, site visits, or other geotechnical consultation to address non-scope issues that may arise during the course of the project. 2 • • If unusual or unanticipated conditions are encountered that would involve additional costs, we would immediately notify you to discuss modification of the study. Additional authorized services would be provided as outlined on the Schedule of Charges. 5.0 The person signing this contract for a business entity attests that they are empowered to act on behalf of the business. If this agreement meets with your approval, please sign in the space provided below, and send one copy to our Kirkland office address: AESI, 911 5'" Avenue, Kirkland, Washington 98033, to serve as formal authorization to proceed. Sincerely, ASSOCIATED EARTH SCiENCES, INC. Kirkland, 'W~shiiIgton " 1, ,i f, . • ..", ' Brue 1::. Blyton, f,?E. Senior Principal Engineer . ," , :; ~ • • \<' • -• : ' '. • '. I ':.' ' . '. " ." " The undersigned has reviewed and accepts the attache(l General Conditions" A". , , Client Date Authorized Representative SignaUlre Client (please print name) Attachments: Schedule of Charges/General Conditions" A" BLBfJd KE140299A2 Pwjecls\2014U299\KEi W P 3 • • Effective February 1, 2014 ASSOCIATED EARTH SCmNCES, INC. SCHEDULE OF CHARGES Our compensation will be determined on the basis of time and expenses in accordance willi the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as follows: Personnel Charges -Engineers, Hydrogeologists, Geologists, Scientists, and Technicians Sr. Principal ................................................................. $190.00/hour Principal ..................................................................... $16S.00lhour Sr. Associate ................................................................ $ISO.OOlhour Associate ..................................................................... $140.00/hour Senior. ..................................... '" ................................. $130.00Ihour Sr. Project ........................................ : .......................... $120.00/hour Project ..................................... : ... :. :: ...... : ..... : ... : .... : .... :$llO.OO/hour Sr. Staff .............. :.: ............... ; . .' .. · ...... ;·: ........ : ........... , .. .' .... $9S.00/hour Staff .. ,.: ...... : .......... , ............................................... : ....... $80.00Ihour Legal Testimony (4 hour minimum) .................................... $2S0.00/hour , • I . . ',' Other Personnel and Disbursement Charges \ '" CAD Operator and Workstation ................................. :: .... :.":$90.00/hou·r . Prints '-Sizes A and B ........................................................ $2.00/each Prints -Sizes C, D, E, and F ............................................... $5.00/each . Project Assistant .............................................................. $75.00Ihour Laboratory Technician ..................................................... $70.00/hour Clerical, Word Processing, etc ............................................ $58.00/hour Computer Services (GIS) .................................................. $8S.00/hour Mileage .......................................................................... $0.65/mile Four Wheel Drive Vehicle ................................................... $0.80/mile Per Diem ..................................................................... To be established on a project basis Subcontractors and Miscellaneous Expenses .......................... cost plus 15 % Water Level Data Logger ................................................. $SO.OO/month Barometer Data Logger ................................................... $40.00/month Laboratory Charges Amended Topsoil Bioretention Suite .................................... $770.00/each Atterberg Limit ............................................................. $110.00/test Combined Sieve and Hydrometer ....................................... $193.00/test Consolidation ................................................................ $385 .00/test Constant Head Permeability (ASTM:D2434·68) ..................... $38S.00/test Direct Shear .............. , .................................................. $38S.00/3 point test. Ethylene Glycol Test (3 rock minimum) ............................... $IIS.OO Hydrometer .................................................................. $165. OOltest Moisture Content ............................................................ $25.00/tesl Organic Content ............................................................. $70.00/Iest Percent Passing #200 ....................................................... $60.00/test Permeability-Fines (Falling Head) ...................................... $200.00/test Permeability-Granular Soils (Falling Head) ........................... $200.00/test Proctor ASTM:D-1557 and ASTM:D-698 ............................ $200.00/test Sand Equivalent ............................................ , ............... $llO.OO/test Sieve with Organic Bum ....................... ; .......................... $170.00/test Sieve with Wash #200 ..................................................... $110.00/test Specific Gravity + #4 ...................................................... $65.00/test Specific Gravity -#4 ........................................................ $70.00/test Other laboratory tests and equipment rental will be provided on a per job basis. Chargc2014-Regl -WP\Linda\SD·2014 . \ .' • ASSOCIATED EARTH SCIENCES, INC. 911 -5" Avenue. Suite 100 Kirkland, Washington 98033 (425) 827-7701 • FAX (425) 827-5424 Righi of Entry GENERAL CONDITIONS "A" 2911 " Hewitt Avenue, Suite 2 Everett. Washington 98201 (425) 259-0522 • FAX (425) 252-3408 • Effective .Tuly 2010 1552 Commerce Street, Suite 102 Tacoma, Washington 98402 (253) 722-2992 • FAX (253) 722-2993 The Client shall provide AESI legal a~cess to and/or obtain permission for AESI to enter on all property. whether or not owned by Client, as necessaIY for AESI to perform and complete its work. Client is responsible to provide, by map or drawing. a description of the·property. its location and the location of any buried utilities or structures, including but not limited to, underground storage tanks. Any damage that results to a buried utility, or to Associated Earth Sciences, Inc, (AESI) or subcontractor equipment. will be the responsibility. of the client. Aho, any additional charges for exploratory work. due to encountering the utility. will be the responsibility of the cli~nt. We wi1l take reasonable precautions to minimize damage from use of equipment, but have not included in our fee the cost for restoration of damage which may result from our operations. Hazardous Substances & Drill Cuttings Client warrants that. prior to AESI beginning work. it will provide AF!SI with all information known, or which reasonably could l:5e known by Client concerning the past or present use of the property and the nature and existence of any hazardous conditions or materials. on, in, under, adjacent to or near the' L . property. When hazardo~~ substances are ~own. assumed ~r susp.e~ed,to exist at a si,te, AES[ is required to take app~priate precautions to protect the health and safety of its personnel. to comply with applicable laws and regulations, and to follow proc~dures that AESI deems prudent to minimize physical ,,' , ~\ risks to its personnel and the public. Hazardous substances may exist at a site where there is no reason to believe they could or should be present: 'AESI and ":' Client agree that the discovery of unanticipated hazardous substances constitutes a changed condition mandating a renegotiation of the scope· of work ~r ,/' J,. ".' ... termination of sczvices. AESI and Client also agree thanhe discovery of unanticipated. hazardous substances may make it necessary for·AESI to take .' immediate measures to protect human health and safety. and/or the environment. ABSI agrees to notify Client as soon as practically possible should, ." • unanticipated hazardous substances or suspected hazardous substances be encountered. Client encourages AES! to take any and all measures that in AESI' s professional opinion are justified to preserve and protect the health and safety of AESl's personnel'and the public. and/or the envfroriirient. arid Clibit agrees to compensate AESI for the additional cost of such work. In addition, Client waives any claim against AESI, and agrees to in~emnify, defena and hol~ AESI harmless from any claim or liability for injury or loss arising from AESI's encountering of unanticipated hazardous substances or suspected haZardous substances. Client also agrees to compensate AESI for work performed in defense of any such claim, with such compensation to be based upon AESI's prevailing fee schedule and expense reimbursement policy. Client recognizes that, when it is known, assumed. or suspected that hazardous substances exist beneath Ihe surface of the project site, certain wastematerjals. such as drill cuttings and drilling fluids, should be handled as if contaminated. Accordingly 1 to protect human health and safety as well as the environment. AESI will appropriately contain and label such materials; wil1 promptly inform Client that such containerization and labeling has been performed. and will leave the containers on site for proper, lawful removal, transport and disposal by Client. Client waives any claim against ABSI andlor its professional staff, and agrees to defend, indemnify and hold AESI and/or its pro"fessional staffhannless from any claim or liability for injury or loss which may arise as a result of the drill cuttings, drilling fluids or other assumed hazardous substances being left on site after their containerization by AESI. Client also agrees to compensate AESI for any time spent and expenses incurred by AESI in defense of any such claim, with such compensation to be based upon AESI's prevailirig fee schedule 'and expense reimbursement policy. AESI will act on behalf of Client to arrange for lawful removal, tnmsport and disposal of hazardous substances and potentially contaminated drill cuttings, drilling fluids and wash water, if Client so requests, and Client agrees to compensate AESI based upon AESI' s prevailing fee schedule and expense reimbursement. Soil, rock, water and/or other samples obtained from the project site are held by AESI for no longer than 30 calendar days after the issuance of any document that includes the data obtained from them. unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected. hazardous substances, it is Client's responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from ABSI' s custody and transporting them to an authorized disposal site. Client is advised that, in all cases, prudence and goodjudgrnent should be applied in selecting and arranging for lawful disposal procedures. AESI will act on behalf of Client to arrange for laWful removal, transport and disposal of hazardous subm:ances if Client so requests, and Client agrees to compensate AESI based upon AESI's prevailing fee schedule and expense reimbursement. Due to the risks to which AESI is exposed, Client agrees to waive any claim against AESI and/or its personnel. and to defend, indemnify and hold AESf andlor its personnel harmless from any claim or liability for injury or loss arising from AESI's containing, labeling, transporting, testing. storing or other handling of contaminated samples. Client also agrees to compensate AESI for any time spent and exp~nses incurred by AESI in defense of any such claim. with such compensatio~ to be based upon AESI's prevailing fee schedule and expense reimbursement policy. Aquifer Contamination .SUbsurface drilling and sampling may result in unavoidable contamination of certain subsurface areas •. as when a probe or boring device moves through a contaminated area, linking it to an aquifer. underground. stream, or other hy~rous body not previously contaminated and capable of spreading hazardous substances off-site. Because subsurface sampling is a necessary a.c;pect of the work which ABSI will perfonn on Client's behalf, Client waives any claim against AESI and/or its personnel, and agrees to,defend, indemnify and hold AESJ and/or its personnel harmless from any claim or liability for injury or loss which may arise as a result of al1eg~ cross~contamination caused by drilling or sampling. Client further agrees to compensate AESI for any time spent or expenses incurred by AESI in defense of any such claim, in accordance with AESI's prevailing fee schedule and expense, reimbursement policy, Ownership of Documents Alldesigns, drawings, specifications, notes, data, sample materia.1s (exclusive of hazardous substances), report reproducibles and other work developed by AESI are instruments of service and as such remain the property of Associated Earth Sciences, Inc. Third I'artles. All services performed by AESI and/or its personnel under this agreement are intended. solely for the benefit of the cliene:. Nothing contained herein shaU confer any rights upon or create any duties on the part of AESI and/or its personnel toward any person or persons not a party to this agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of the above. AES[ shall not be responsible for the means, methods, or procedures of construction, nor for safety on the job si~e, nor for the contractor's failure to carry out the work in accordance with the contract documents. .. , .. , ',' , • • Insurance Associated Earth Sciences. Inc. maintains General Liability Insur.mce for bodily injury and property damage with an aggregate limit of $1,000,000 per occurrence and we will furnish certificates of such insurance upon written request. Our liability to the Client for bodily injury or property damage arising out of work perfonned for the Client for which legal Jiability may be found to rest upon us, other than for professional errors and omissions. will be limited to our General Liability Ins¥rance coverage. AESI also maintains professional errors and omissions insurance. We will furnish certificates of such insurance upon written request. St.·mdard of Care Services performed by AESI under this agreement will be conducted in a manner consistent with that level of care and skin ordinarily exercised. by memhers . of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this agreement or in any report, opinion, and document or otherwise. Limitation of Liability (Option A -Lesser of) To the fullesf extent permitted by Jaw, the total liability of AEsr and itS principals~ personnel and employees, to Client and anyone claiming by, through or under Clierit, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the Project or this Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or breach of warranty express'or implied of AESI or its principals, employees or personnel shall not exceed $50,000 or the total co~pensation received by AESI under this Agreement, whichever is less. ' Option B -amount pllid ..... . : . To the fullest extent pennitted by law, the total liability Qf AESI ID:ld its prinCipals, personnel and employees, to Oient and anyone ,c1~ming by, through or under Client,' for ariy,and all claims, 'losses, costs or d~ages whatsoever 'arising out of; resulting from or in any' way related,to the' Project or this Agx:eement ' from "any cause or causes, :includiIig but no'! limited to' the riegligence. , profesSional eriors Of" omissions. 'strict liabUity., breach Of cOQtIact'or .b{eac!i 'of, ' ; "wairimty'express or 'impJie<l' of AESI or i~s principals. empJoyces or p'ersoimel shall riot 'exCeed the total compeo.satio·ri"ieCclved by"AESI"uilder this Agreement:. .,. -, .:" r;. ': • , ' • ',' .,.... .' .' \ i'"':" .. , '. The Clien(further.~gr~~'t~ requ~r~ o~~e'contract9~' and his subcontractors an identicallimitatio~ of A:aSl's and/or'its p.eis~~cl·s iHlbilih' f~(dim:ige,s.': suffered by the contractor or subcontractorS arising from the professional acts, errors, or omissions of AESI andlor its personnel. Increased liabilitY liniits may be p:ego~ate4_upon'Clie~t!s written request, prior to commencement of services, and upon Client's agreement to' pay all additional fee 'ctir,nrnens~r~ate with the'increased risk., 'Any such increased limit of liability shall be. established by written agreement signed by Client and AESI. As'used, in' this paragrapb, ,the tenn .. 1iability .... 'means, liability of any kind, whether in contract, tort, strict liabiJity or otherwise, for any arid all injuries, c1aiins, lo~~~s, expenses, or damages arising out' of or 'in any way related, to services provided by or through AESI. ,,"". . . .. Waiver of Consequentinl Damages ClieJ?t expressly waives as to AESI all claims ~or lost profit or any other indirect, incidental or consequ~tial damages of any namre. Indemnification . , . . Client shall indemnify, defend, and hold AESI andlor its personnel harmless against all clairru.,damages. losses, and expenses, including but not limited to attorney's fees an~ court cost. arising ollt of or in any way relatell to the services provided by or through AESI; provided that such indemnification shall not apply to claims, damages, losses or expenses that arise out of bodily injury to persons or damage to property to the extent caused by ABSJ's sale negligence; provided further that Client shall indemnifY AESI againsfliability for damages, losses, or expenses arising out 'ofbodily injury to persons or darp.age to property and caused by or respIting from the concurrent negligence of Client, its agents or. employees and AESI, oply to the extent of tpe negligence of parties other than ABSI. . CLIENT AND AESI AGREE THAT THE PRECEDING PARAGRAPHS RELATING TO LiMITATIONS OF LIABILITY, WAIVER OF CONSEQUENTIAL DAMAGES AND INDEMNIFICATION WERE MUTUALLY NEGOTIATED AND THAT BUT FOR THE INCLUSION OF TIlOSE PROVISIONS AESI WOULD NOT HAVE ENTERED INTO TIllS AGREEMENT, OR AESI'S COMPENSATION UNDER THIS AGREEMENT WOULD HAVE BEEN HIGHER, . Stability of Slopes The Client also recognizeS that risk is inherent with any site inv9lving slopes and Client agrees to accept full responsibility for the~e risks. Client states that be understands that the information obtained or recommendations made may help to reduce the Client's risks and that no amount of engineering or geQlogic analysis can yield a guarantee of stable slopes. Therefore, in cases where there is no fault (i.e. no professional errors, omissions or negligence), Client agrees to hold harmless. defend, and indemnify AESI andlor its professional staff for claims from any source in the event of slope movement and any damage resulting. Attorney.Fees In the event the Client makes a claim against AESI and/or its personnel, at law or otherwise, for.any alleged error, omission or other act or failure to act arising out of this agreement, and the Client fails to prove such claim or prevail in an adversary proceeding, then the Client shall pay all costs incurred by AESf, andlor its personnel, in defending against the claim. In all other legal proceedings between the parties, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. including expert witness fees and all litigation related expenses. Billing Invoices will be submitted' once per month and are payable upon receipt. Interest of 1-112 % per month (but not exceeding the maximum rate allowable by law) will be added to any account not paid within 30 days. Termination In the event that the Client requests termination of the work prior to completion, we reserve the right to complete such analyses and records as required to place our files in order as we consider necessary to protect our professional reputation. At our discretion, ,a termination charge may also be made to cover our proposal and administrative costs relating to the project. Priority of Provisions The provisions of these General Conditions supersede all other terms and"c;onditions of the agreement between Client and AESI. GenC0n2013·Al • WP\Ur.:la\SD-2013 Client Initials ___ _ . Denis Law M?yor ••••• , . 'June 11, 2014. .. Co~munity& Economic Development Department· " 'CE:'~Chip:'Vincent,Administratbr' Jimmy Blais . MerlinoLand Development Co:,.Iric, . 50501"Ave>St~.102· . ..,' , ·Seattle,.\IVA98134 -. : :SUBJECT: '" "On Hold" Notice' .' ..' ,. MerlinoShord'lat,UiA 14~000568', ' ,',' . " " DearMr. Blais:· '. The, Planning Division of the City·of.Rimton ~ccepted the aboveinaster applicat;'on for review on . May 14,20i4. During our review,staff h~s deter';'inedthaladditionalinformation iSr1",cessary ,': in.order to proceed further.··' ..' ' . ' .. The following information W'illneedto besub';'ittedso that we may continL'e the review of the '. ,.above subject ~pplii:ation: . . . . . .. ' .. ,'. . -Independent SecomJary Review of Icicle Cre~k Engineers, Inc. (ICEr reportS i , as'ihey relate :to'ihesteep slope, the proposed prOject and the Renton. MunidpalCode (RMC) tritital Afeas Regulations (RMC4-3-050). Thecontra~i: will be executed with the City ,of . Remto'n's contracted,third party'reviewer, Associated E~rthSciences, Inc., in:order to . prOvide geote'chnicalopinion' regarding the proposed Improvements, given the reports, • No'sub~urfaceexpiorations will be conducted. The f;ndingsofAESI'~ study, will b~ .' ' .. prOvided to ihe City in a written letter: ", .... . "',' . At'th'is ,time, 'your . project' has .been placed. "on hold:" pending retei'pt of the Independent. Sec;ondary .Review from AssodateeJEilrth SCiences, Inc. Please contact me' a1(425) :430-7289 if. , you have any questions, ..' . . Sincerely, " ......... ~ •. If '(i?,-'~ ---,- Clark H, Close Assoc!aie Planner . cc:' '. lafe, Hermansen \ Contad Pa-:!y(ies) of Recqrd ' . • I GeotechnicalE~gineering Services, Critical AreasReport (d~tedApr[123,~OI4) and Geotechnical 'Engiileerihg Services, Coal Mine Hazard A~sessment (dated April 23, 2014)' . RentonCity Hall'. 1055 South' Grady Way • Renton, Washington '98057: ~renib~';~:gov . . . . . . . . ~ " • • On the 14 day of May, 2014, I deposited in the mails of the United States, a sealed envelope containing Notice of Application, Environmental Checklist documents. This information was sent to: Agencies See attached See attached 300' surrounding property owners Jim Blais Applicant/Owner Lafe Hermansen Contact Nancy Osborn Party of Record (Signature of Sender): ____ :::f;.jjJlJI)lW-.l.lVJU!.~J_-----~--~;).,'1~\~~~'!'I .. STATE OF WASHINGTON 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 voluntary act mentioned in the instrument. . ' .. Dated: Notary (print):. ___ -'\+"'QI.L~~\--J...L.I.OLl'JLI.)'£.eL;,cs~------___ _ My appointment expires: A, + -:1.. q ()017 I Merlino Preliminary Plat LUA14-000568, ERe, SHPL-A "". Dept. of Ecology ** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 W5DOT Northwest Region' Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers '" Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers * .. Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Oev. & Environmental Servo Attn: SEPA Section 35030 5E Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street K5C-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 • • AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -Larry Fisher· Muckleshoot Indian Tribe Fisheries Dept. '" 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer Issaquah, WA 98027 39015 _172nd Avenue SE Auburn, WA 98092 Duwamish Tribal Office '" Muckleshoot Cultural Resources Program '" 4717 W Marginal Way 5W Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015172" Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division'" ' Office of Archaeology & Historic Preservation'" Environmental Planning Supervisor Attn: Gretchen Kaehler Ms. Shirley Marroquin PO Box 48343 201 5. Jackson ST, M5 K5C-NR-050 Olympia, WA 98504-8343 Seattle, WA 98104-3855 City of Newcastle City of Kent Attn: Tim McHarg Attn: Jack Pace Director of Community Development Acting Community Dev. Director 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Kathy Johnson, Steve lancaster, Responsible Official 355110'" Ave NE 6200 50uthcenter Blvd. Mailstop EST 11W Tukwila, WA 98188 Bellevue, WA 98004 ·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.goy ···Oepartment of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing ~~:~~~~~$;1f.~:~~~~i:'~C~;C:F~1.~;w;~.F:~;:'::C~;;~;7~~;~;f!it.~;Ii<'''1~w:,~r~'i~~::;:::~~t t _ . __ • . . _. '.. . . . ........ ......,..t _, .... ~. __ ....... .?~ .. ""_~ --' __ ....... , ... li!r ............... __ ,:t;"...., .... w .. , .. ,,~ ... """'-................. '''' .... ~''_.:l ... ,.''''_ .~~."", ...... ~ ..... l;LO/.>l .. ",.J4jJ;:k_'".~.;I,I~ ... _r,lh""t'"_ .. kt:, .• ',;4(,,("""~_,,Jl/,:$ Jim Blais Nancv Osborn Lafe Hermansen Merlino Land Development Co 4635 Morris Ave S, #F Core Design 5050 1st Ave, 102 Renton, WA 980SS 14711 NE 29th PI, 101 . Seattle, WA 98134 Bellevue, WA 98007 ;1 .! ; , \ ., la~eUJaql!S eme, ~f> _'i~'iIll:ilIAll!!lll1-·~!!l!i!!!II1fJ!\ifJlliJj , .---.~-----------.-".----.--.,-•.. --.,.-.-- Etiquettes faciles II peler l Utilisez Ie gabarit AVERV® 51608 J II. Sen, de chargement Replied I. hachureafln d. l reveler I. reboid Pop-up"' J www.avery.com 1-80D-GO-AVERY l , ... Easy Pee\-iabels UseA.veryG'l 'remplate 5160- 7200194 1405 LLC 9125 10TH AVE S SEATTLE, VVA 98108 3294700005 CUSTER GINA fy1ARIE 1209 S 7TH ST RENTON, VVA 98057 3294700015 CUSTER SHIRLEY Y 714 CEDAR AVE S RENTON, VVA 98055 3294700030 KNOBBE STEPHANIE K+RUNKEL S 814 CEDAR AVE S RENTON, VVA 98057 3294700040 ATKINS JON+SUSAN 15451 SE 167TH PL RENTON, VVA 98058 ·3294700051 VVILLIAMS JEAN MGIGLI JAMES 30303 31ST AVE SVV FEDERAL VVAY, VVA 98023 :3294700072 KROEGER DAVID G+MELODY F 705 RENTON AVE S RENTON, VVA 98057 7221400225 PERRY NORMAN & BRIGITTE 1224 S 7TH ST RENTON, VVA 98055 7221400245 HUANG ZUTAO+SUNNY A 611 CEDAR AVE S RENTON, VVA 98057 7221400250 JEB SURVIVORS TRUST PO BOX 1754 RENTON, VVA 98057 Etiquettes facies iI peler Utilise" Ie gabarit AVERvGD 5160® : ... -1 ~ feed Paper - ~200196 GWC INC Bend along line to expose Pop-up Edge™ 24633 NE 133RD ST DUVALL, VVA 98019 - 3294700006 GIGER SUSAN M 708 CEDAR AVE S RENTON, VVA 98055 3294700020 SMITH LASEAN 806 CEDAR AVE S RENTON, VVA 98057 3294700031 RESTORATION HOME LLC 20702 SE 291ST PL COVINGTON, VVA 98042 3294700041 KROEGER DAVID+MELODY 705 RENTON AVE S RENTON, VVA 98057 3294700060 RIVILY THOMAS A 8921 NE 118TH PL KIRKLAND, VVA 98034 7221400215 CUGINI ALEX JR 611 RENTON AVE S' RENTON, VVA 98055 7221400230 COOK KENNETH C+LlSA A 630 CEDAR AVE S RENTON, VVA 98055 7221400247 MUNSON RONALD VV+ELlZABETH 623 CEDAR AVE S RENTON, VVA 98055 7221400270 DENNING MICHAEL C 1414 E DENNY WAY STE 1 SEATTLE, VVA 98122 ... Sens de charaement Repliez /) la ... achure afin de : re~eler Ie rebord PO~UpMC 1 . ~ AVERV® 5160· 1 3294700010 HYATT DIANE B 720 CEDAR AVE S RENTON, WA 98057 3294700021 MAC DONALD MARY L 802 CEDAR AVE S RENTON, VVA 98055 3294700032 CASTELLUCCIO CARRIE A 818 CEDAR AVE S RENTON, WA 98055 3294700050 GIGLI JAMES A 4512 NE 204TH PL LAKE FOREST PARK, VVA 98155 3294700070 BANKER BEVERLY PO BOX 1754 RENTON, VVA 98057 7221400220 SCHVVARTZ DOUGLAS A 621 RENTON AVE S RENTON, WA 98055 7221400235 PEDROZAH 608 CEDAR AVE RENTON, VVA 98055 7221400249 FAVVCETT ALLEN J+JILL R 621 CEDAR AVE S RENTON, VVA 98055 7804160000 PLiCINSKI GARY J 629 CEDAR AVE S #A204 RENTON, VVA 98055 www.avery.com 1-80o-GO,AVERY I , , 1 Easy Peel® Labels Use Aver/? l(!mplate 5160® 7804160000 IPMORGAN CHASE BANK NA 3415iVISION DR :OLUMBUS,OH 43219 7804160000 II,TCHLEY KIMBERLY B PO BOX 455 RENTON, WA 98057 7200196 ':,WCINC 24633 NE 133RD ST DUVALL, WA 98019 7804160000 CALHOUN ROBBYN W 6720 N PARKSIDE LN TACOMA, WA 98407 Etiquettes faciles II peler . Utilise:' Ie gabarit AVERV® 5160® i • -Bend along line to 1 Feed Paper -expose Pop-up Edge™ .804160000 MILNOR TIENNEY K 1.. . ~ AVERY® 5160® 1 , , , J 629 CEDAR AVE S #B-203 RENTON, WA 98055 2023059085 1405 LLC 9125 10TH AVE S SEATTLE,WA 98108 3294700075 CHRISTIANSON DANIEL ROBIN 1221 S 7TH ST RENTON, WA 98055 7804160000 TRAN TUAN A 629 CEDAR AVE S #A104 RENTON, WA 98057 & Sens de chargeIT!ent Repliez a la hachure afin de : reveler Ie rebord Pop-up"' ) ~804160000 RANKIN JOHN R POBOX 633 RENTON, WA 0 7221400281 DEPT OF NATURAL RESOURCES PO BOX 47016 OLYMPIA, WA 98504 2023059163 STATE OF WASHINGTON PO BOX 47338 OLYMPIA, WA 98504 7804160000 KHACHIYANTS MIKHAIL M 629 CEDAR AVE S #B103 RENTON, WA 98057 ~.avery.com 1-80D-GO-AVERY , , , i . . :, . Denis Law .. ' Mayor· .' . May 14; 2014 Jim Blais' ....•. City(jfr.··· ........... . ~.,~ .. () ..... " --". .":' :, ". . ", -. ':".-i.' . . _. '.-. _. . -,-,"" , . , '.', . . Comniunity& Economk.Qevelopment Department· CE.:'Chip"Vincent, Administrator· .. '. Merlino Land·DevelopmentCo., Inc. 5050 1st Ave, Ste.lOi Seattle, .w A 98134 ' .'. SubJect: '. , .Notice of Complete Application ..•.. , Merlino Preliminary Plat, LUA 14-000568 · ". . - · DearMr. Blais: , : Tlie Plannirig Division of the City of Renton hasdetermi~ed that the subject application " '. is complete according to'submittal requirements and: therefore, is accepted,for review. • .. .. " 'Itistentati~ely scheduled for consideration by the Erivironmental. Review Committee. on ,;june 9, .2014. ; • .Prior toth~t.~eview, ,you will~be r,otified .. if. anyadditiol'la! inf6rJ'n~tionjs._ ;.,: .' "'-~' required to continue processing your application . . please conta~t meat (425) 430-7289ifvo~ have any questi~ns .•. ' ,".. . -,' -" , · Sincerely, . , ' ..... . . . . " .. '.~~ 1/0',:,..;'.·'-' ,-'--- Cia r~ Close ' Associate Pl.anner · cc: JirTl Blais, Merlino"Develop'ment /.Owri"er(s)" ~afe'Hermanse~ /Contact . . . - . . ','-, .:" _ ....... • NOTICE OF APPLICATION AND PROPOSED D NON-SIGNIFICANCE-MITIGATED (DNli-IM A Master Application has been flied and accepted with the Department of cOmmunliilt~~Y~~::;'~~(I::i~DeVelopment (CEO) -Planning Division of the City of Renton. The following briefly describes the ill and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: May 14, 2014 LAND USE NUMBER: lUA14-000S68,SHPl-A PROJECT NAME: Merlino Short Plat. PROJECT DESCRIPTION: The applicant is requesting to subdivide two totaling approximately 160,943 square feet (3.69 acres) into seven single family lots and one tract (Critical Area A) in the Residential-8 (R- 8) zone, resulting in a density of 1.9 dwelling units per acre. The site is located 50lJthwe~t of the Intersection of South 7th Street and Cedar Avenue South in Renton, Washington. The proposed lots in size from 6,595 square . feet to 7,989 square feet. The proposed lots would be accessed via private Ave S. The project site is roughly 1.5 acres in size and is currently covered in grass. The site was mass the 1-405 project, so there will be no clearing and minimal grading to construct seven single family lots, vault and associated utilities. One combined detention and water quality treatment vault will be located at end of Cedar Ave S in the cul-de-sac. Half street frontage improvements will be constructed on the west side Ave S. The site contains sensitive areas, such as coal mine hazards, erosion hazards, steep slopes, and landslide The applicant submitted a Technical Information Report, Geotechnica I Engineering Services Critical Areas I Mine Hazard Assessment, and an exception through a waiver under RMC 4-3-050J:5.d for the placement of a sliver fill and part of a retaining wall within the protected slope area on proposed'Tract A. ,;;;.' ':-...... !. PROJECT LOCATION: 700-800 Block of C~dar Ave. S'/PID 202305-9085 OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead the City of Renton has determined that significant environmental impacts are unlikely to result from the or',oosed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M into a single comment period. 'There will be no comment period following the iS,suance of the Threshold of Non-Slgnificance- Mitigated (DNS-M). A 14-day appeal period will follow the i~suance of the DNS-M. PERMIT APPLICATION DATE: April 28, 2914 NOTICE OF COMPLETE APPLICATION: May 14, 2014 APPLICANT/PROJECT CONTACT PERSON: Jim BlaiS/Merlino Land De',eioplmentl'50~0 1'1 Ave, Ste 102/Seattle, WA98134" Permits/Review Requested: Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/land Use: , Environmental (SEPA) Review, SHPL-A Department of Community & Economic D;~~~itf~r:~,~(CED) -Planning Division, Sixth Floor Renton City Hall, 1055 Way, Renton, WA 98057 The subject site is designated Residential Single "rnHI' on the City of Renton Comprehensive La~d Use Map and 8 DU/AC on City's Zoning Map. . -, • Environmental Documents that EViilluate the Proposed Project: Development Regulations Used For Project Mitigation: Environmental (SEPAl Checklist The project will be subject to the City's SEPA ori,jin,,",: •. and other applicable codes and regulations as appropriate. Comments on the above application must be submitted in writing to Clark Close, As';~ciat. Planner, CEO -Planning Division, 10S5 South Grady Way, Renton, WA 98057, by 5:00 PM on May 28, 2014. questions about this proposal, or wish to be made a party of record and receive additional notification by the Project Manager. Anyone who submits written comments will automatically, become a party of record and I be notified of any decision on this project. CONTACT PERSON: Clark Close, Associate Planner; Tel: 430-7289; Eml: CClose@Rentonwa.gov .' ,. , ", ·Denis L~w 'MaY~f • Community & EconomicDevelopment Departmen( .. C.E.~'Chip"Vincent, Administrator August29,2014 .'. ' · Jimmy Blais .Merlino Land Development Co,/ Inc. · SOS01st Ave, Ste. 102 · Seattl~, WA 98134 . ':-. .' SUBJECT: . "Off· Hold" Notice'. . Merlino Short Plat, LUA 14cOOOS68 .' Dear~r.BlaiS: .... · Thankyoufor submittink the additionailllaterials requested as partofthe July,11,2014 .. ' . · letterfromthe City. Yourprojecthas been takenoffhold and .the Citywill continue its . · review ofth~ Merlino Short Plaqiroject. '. . . .'. ' . The short plat has been teritatively rescheduled fci~the Envir~nmentalReview Committee. (ERe) on Septemoer is, 2014. If you hav~ any questions, please contact me' .a1:(42S) 430-7289. . ' '. . . . Siiice~ely; .. 'C!~uk H: Ciose Associate Planrier" c;c: lafe H-~rmansen \ Contact Gina Custer; Nancy Osborn \ Partyllesl of Record , .' ',' "." .' , .: . -; Renton city.Hali " 055SouthGrady Way;, Renton, Washington '98057 " ,entonwa.gov . / Sabrina Mirante From: Sent: To: Subject: Sabrina, • Clark Close Wednesday, May 28, 20144:36 PM Sabrina Mirante FW: Merlino short plat • Please include Gina's comments and make her a party of record with the Merlino Short Plat. Thanks, Clark H. Close City of Renton -Current Planning Associate Planner -----Original Message----- From: Gina Custer [mailto:gcuster@ywcaworks.org) Sent: Wednesday, May 28,20144:21 PM To: Clark Close Subject: Merlino short plat I would like to be a party of record for any work being done at this site. I hope you will consider the fact Merlino Construction was fined in 2013 for $36k by the US EPA in regards to violations of the Storm Water GP. Also concerned Merlino has been allowed to hire his choice of Geotechnical Engineers, seems self serving and not good for the city of Renton or the taxpayers. Thank you Gina Custer 1209 S. 7th St. Renton 98057 Sent from my iPhone 1 • • City of ReMon Department of Community & Economic De~.ment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET , REVIEWING DEPARTMENT: r~fV\iMA.~1fL'c~MMENTSDUE: MAY 28, 2014 APPLICATION NO: LUA14-000568 DATE CIRCULATED: MAY 14,2014 APPLICANT: Jim Blais, Merlino Land Development PROJECT MANAGER: Clark Close PROJECT TITLE: Merlino Short Plat PROJECT REVIEWER: Kamran Yazididoost SITE AREA: 160943 sq It EXISTING BLDG AREA (gross): LOCATION: 700-800 Block 01 Cedar Ave S PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major In/ormation Impacts Impacts Necessary Element of the Proboble ~~~;;' More Environment Minor In/ormation Impacts Necessary Eorth Air Water ~ Plants Land/Shoreline Use ~ Animals Environmental Health ublic , Energy/ Natural Resources I::/istoric/Cultural Af~gig~::f B. POLICY-RELATED COMMENTS n-o ~~ Ie> ~h. C. CODE-RELA TED COMMENTS -' We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas here additional in/ormati IS eeded to properly assess this proposal. 5-/0-7/ Date City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Merlino Land Development Co., Inc. Attn: Jim Blais PROJECT OR DEVELOPMENT NAME: Merlino Short Plat ADDRESS: 5050 1st Ave Ste 102 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: Seattle ZIP: 98134-2400 80 I Cedar Avenue S., Renton, W A 98055 TELEPHONE NUMBER: (206) 658-0847 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 202305-9085 and 000720-0194 NAME: Same as owner EXISTING LAND USE(S): Vacant COMPANY (if applicable): PROPOSED LAND USE(S): Single-Family Residential ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Single Family (RS) CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) No change proposed TELEPHONE NUMBER: EXISTING ZONING: Residential-8 dulper net acre (R-8) CONTACT PERSON PROPOSED ZONING (if applicable): No change proposed- NAME: Lafe Hennansen SITE AREA (in square feet): 160,943+1-SF COMPANY (if applicable): Core Design, Inc. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 8,190+1-SF SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 14711 NE 29th Place, Ste 101 No private access easements are proposed to and from any of the proposed lots. CITY: Bellevue ZIP: 98007 PROPOSED RESIDENTIAL DEN~TY IN UNITS PER NET ACRE (if applicable) . $( ~ DUlNet Acre TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 7 lots [plus 1 tract, a tract that is to encompass (I) an existing ingress, egress, and (425) 885-7877 utility easement under K.C. Recording No. 7910230907, (2) an Ibh@coredesigninc.com existing perpetual ingress and egress easement reserved by the State of Washington under K.C. Recording No. 20110802000538, (3) an existing terminable ingress and egress easement reserved by the State of Washington under K.C. Rec. No. 20110802000538 (a portion of which casement is proposed to be relocated), (4) an existing soil nails easement reserved by the State of Washington under K.C. Recording No. 20 I 10802000538, (5) a stonn drainage discharge pipe and outfall and drainage ditches, (6) a WSDOT gravel road for access to WSDOT's stream mitigation area to the south of the tract, (7) a proposed retaining wall and slope near the proposed cul-de-sac bulb, and (8) a proposed native growth protection easement over portions of the tract that are protected slopes (with such easement proposed to be subject to a right of lot owners and the homeowners association, if any, to top trees within the NGPE for preservation of vi~s~ ~ west and northwest from the future homes and rear yards fO _I,,"; r"\ " NUMBER OF NEW DWELLING 1JNl'rS '(if~ppli'Catjre): 7 lIPR') 9 ?nlA - Y,\cf\24971014IApplicationIMERLINO SHORT PLAT Master App F2 (DLH 4-24-2014).doc CITY OF RENTON PLANNING DIVISION -1 - APOJECT INFORMATION (COnIUed) r---~--~--~L--------------------. NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: $175,000 None SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): Not currently known IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Not Applicable o AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL o AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): Not Applicable 0 FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Not Applicable :tz( GEOLOGIC HAZARD 103,440+1-sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if 0 HAB/TAT CONSERVA nON sq. ft. applicable): Not Applicable 0 SHORELINE STREAMS & LAKES sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): Not Applicable 0 WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 20, TOWNSHIP 23, RANGE ~, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP ---See attached AFFIDAVIT OF OWNERSHIP --- 'nt Name/s) , declare under penalty of pe~ury under the laws of the n that I am (please check one) ___ the current owner of the property involved in this application or __ the au representatl a act for a corporation (please attach proof of authorization) and that the foregOing statements and an contained and th . ormation herewith are in all respects true and correct to the best of my knowledge and beli . Signature of Owner/Representative STATE OF WASHINGTON) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that -;::~-;---:--c-~;;::--c-;--;;- signed this instrument and acknowledge it to be his/h uses and purpose mentioned in the instrument. Date Notary (Print): ____________ --"''_:::_---- My appointment expires: ________________ -""-...;:- Y:lcf\24971014IApplicationIMERLINO SHORT PLAT Master App F2 (DLH 4-24·2014).doc - 2 - • • AFFIDAVIT OF OWNERSHIP OF THE MERLINO LAND DEVELOPMENT CO., INC. "801 CEDAR AVENUE SOUTH PROPERTY" I, Gary M. hereby declare that: (1) I am the president of MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation ("MLDC"), which is the owner of the real property that is legally described on the attached Legal Description sheet; (2) By my notarized signature below, MLDC hereby executes this Affidavit of Ownership as owner of the real property that is legally described on the attached Legal Description sheet; (3) I am authorized to execute this Affidavit of Ownership on behalf of MLDC; and (4) The foregoing statements and answers contained in the accompanying completed City of Renton Land Use Permit Master Application for the proposed Merlino Short Plat in all respects are true and correct to the best of my knowledge and belief. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation \\ • By: G~~ \\I\~ Gary M. mo, President . I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person who appeared before me and acknowledged that he signed the above-stated instrument, on oath stated that he was authorized to execute the instmment, and acknowledged it as the President of MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation, to be the free and voluntary act of that corporation for the uses and purposes mentioned in the instrument. Dated this .;1,3 n:L-day of April 2014. NANCYE. DYE STATE OF WASHINGTON NOTARY PUBLIC (print or type n me of notary) i MY COMMISSION EXPIRES NOTARY PUBLIC in and for the State of I 02-25-15 Washington, residing at 5tt£;t-& tArA t. _. My Commission expires: o;r/.2.-S /,5 Y;'d.2497·Dl,j\Applicnlion\-\ffidwil OfO\\llfiShip lor 1>.n.rx. .... 801 Cedar AH'Ilue S I'rop.lly(DLH ~·~I·~OI4)Mc j' Page lof2 . '. • • LEGAL DESCRIPTION OF THE MERLINO LAND DEVELOPMENT CO., INC. "801 CEDAR AVENUE SOUTH PROPERTY" That portion of the below-described PARCEL "A" described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+17± on the SR 405 line survey ofSR 405, SR 515 Vic. to S. 6th St. Vic. and 512.01 feet easterly therefrom, said point being on the easterly boundary of said PARCEL "A"; Thence westerly to a point opposite HES 368+50.32 on said line survey and 221.15 feet easterly therefrom; Thence northerly to a point opposite HES 369+13.54 on said line survey and 220.06 feet easterly therefrom; Thence northerly along a curve to the left having a radius of 2103.46 feet and an arc distance of 563.97 feet to a point opposite HES 374+37.72 on said line survey and 202.34 feet easterly therefrom and the northerly line of said Section 20; Thence easterly along said northerly line to a point opposite HES 374+54.58 and 445.03 feet easterly therefrom, said point being on the westerly line of Cedar Avenue South; Thence southerly along said westerly line to the Point of Beginning. PARCEL "A" That portion of the Henry H. Tobin Donation Land Claim No. 37, in Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying southerly and westerly of the plat of Highland Addition to the Town of Renton and the west line thereof extended south, according to the plat thereof recorded in Volume 17 of Plats, on page 32, in King County, Washington; AND that portion of the northwest quarter of the northwest quarter (Government Lot I) of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying northerly of Puget Sound Power and Light Company's transmission right-of-way and east of Primary State Highway No. I (SR 405), described as follows: Beginning at the intersection of the north line of said Section 20, with the west line of said plat, which point is North 89°59'27" West 1,386.85 feet from the north quarter comer of said section; Thence South 01°29'35" West along the west line of said plat and said line produced southerly 973.04 feet to the northerly line of Puget Sound Power and Light Company's transmission right-of-way; Thence North 67°03'41" West 471.66 feet to the easterly line of Primary State Highway No. I; Thence northerly along said highway to the north line of said section; Thence South 89°59'27" East along said north line 316.54 feet to the Point of Beginning. The specific details concerning all of the above legal descriptions are to be found on sheets 6 and 7 of that certain plan entitled SR 405, SR 515 Vic. to S. 6th St. Vic., now of record and on file in the office of the Washington Secretary of Transportation at Olympia, Washington and bearing a date of approval of May 24, 2007. Situate in the City of Renton, County of King, State of Washington. Page 2 of2 PLANNING DIVISION WAIVEtIeF SUBMITTAL REQUI"ENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBM!TTAl REQUIREME;'nS:, Calculations 1 , Colored Maps for Displ~y • Construction Mitigation Description, AND. Deed of Riglit-oPNay' D,edication, Density Worksheet 4 Dra\nage Control Plan, Drainage Report , Elevations, Architectural, AND. ' . . " .. . , . .' . .. Environmental Checklist. Existing c:;ovenants (Rec()rded <::oPY). , Existing Easements (Recorded Copy) • Flood Hazard Data'; . -, Floor Plans 3 AND. Geotei;hnical Report, ANO , Grading Plan, Conceptual, Gra9in9 Plan, D~tailed 2 Habitat Data Report. Improvement Defimal, Irrigation Plan 4 King County Assesso2s Map Indicating Site. Landscape Plan, Conceptual. Lands~ape Plan, Detaiied. Legal Description. Map of Existing Site Conditions. Master Application Form. Monument Cards (one per monument) 1 Neighborhood Detail Map. Parking, Lot Coverage & Landscaping Analysis 4 Plan'Reductions (PMTs) 4 Post Office Approval, This requirement may be waived by: 1, Property Services 2, Public Works Plan Review. 3, Building 4, Planning WAIVED MODIFIED " , COMIV'ENTS: BY: BY: " - -, -' --'-.. " , -" " , .. c , -' ~ ,-.... 'V - . rf9:-. - PROJECT NAME: ).4 b:'}eL-/ -"--'f(E~ 0 DATE: 3/.25 Ire&''> 9 7n14 I ' CITY OF RENTON PLANNING DIVISION H :\C E D\Data\Forms-Templates ISelf-Help Handouts\Plannlng\waiverofsubmittalreqs 06/09 o PLANNING DIVISION WAIV"F SUBMITTAL REQUI_ENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SU(3MITTAL WAIVED MODIFIED ,COMMENTS: REQUIREMENTS: BY: BY: Plat Name Reservation, . Preapplication Meeting Summary 4 Public Works Approval Letter 2 Rehabilitation Plan, , , , Screening Detail, Shoreline Tracking Worksheet', . .. Site Plan 2 AND' " ?trei3r'n or Lake Study, Standard, /7)' , . , , . ... . . . Stream, or Lake Study, Supplemental, -/:h Stream .or Lake M.itigation Plan 4 ' /zr-'. , .. ' '. .. ',' Street Profiles 2 '-" : .. ,. TiUe ~eport or Plat Certificate 4 Topography Mapa Traffic Study 2 Tree" Cutting/Land Clearing Plan 4 Urban. Design Regulations Analysis, . '-, Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 ~ Wetlands Mitigation Plan, Preliminary 4 M' Wetlands Report/Delineation 4 .i=. • Wireless: . "" ~ Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND a Map of Existing Site Conditions 2 AND a Map of View Area 2 AND 3 Photosimulations 2AN03 ' . .. ' . , . '. . . ' .. . . ~. .' This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building PROJECT NAME: H~I /VO Si7"PL DATE: ~;I~;I/<l 7 ; 4. Planning . H:\CEO\Data\Forms-Templates\Self·Help Handouts\Planning\waiverofsubmitt~lreqs 06/09 , " ,. , '. • • PREAPPLICATION MEETING FOR MERLINO SHORT PLAT PRE 13-001168 CITY OF RENTON Department of Community &.Economic Development Planning Division September 19, 2013 Contact Information: Planner: Rocale Timmons, 425.430.7219 Public Works Plan Reviewer: Jan lilian, 425.430.7216 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 wiil 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). RECE\VED ~PR 2 9 20\4 CITY Of RENTON PLANNING DIVISION • • FIRE & EMERGENCY SERVICES DEPARTMENT ---------... ".. ... 'ii-~ . './.. p.~'_~~f,)1p/ryrtn ~ M E M 0 RAN DUM "'-"-""'-..;r....,;... ... -W'-'-~ DATE: September 19, 2013 TO: Rocale Timmons, Senior Planner FROM: Corey Thomas, Plans Review Inspector Merlino Short Plat PREll-001168 SUBJECT: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 30D-feet ofthe proposed bUildings and two hydrants ifthe fire flow goes up to 1,500 gpm, Existing 4-inch water main cannot crmlid6ll+1i n im!lrtJ fire flow requirements ana shall ce replaced and new hydrants added to meet current code, including s-inch storz fittings. 2. The fire impact fees are applicable at the rate of $479.28 per,single family unit. This fee is paid at time of building permit 3. Fire department apparatus access roadways are required to be minimum 20-feet wide fully paved, with 2s-feet inside and 45-feet outside turning radius. Fire acces's roadways shall be constructed to support a 3'0- ton vehicle with 322-psi point loading. Access is required within lSD-feet of all points onthe buildings. Dead end streets that exceed lSD-feet in length require an approved turnaround. An approved 90-foot minimum cul- de-sac turnaround is required when the roadway exceed 300-feet long. • • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • M E M 0 RAN DUM DATE: TO: FROM: SUBJECT: September 18,2013 Rocale Timmons, Planner Jan lilian, Plan Review g2-- Merlino Plat 700 Block of Cedar Ave South PRE13-001168 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. I have completed a preliminary review for the above-referenced proposal. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. 1. Water service is provided by the City of Renton. There is an existing 4-inch water main in Cedar Ave. Available fire flow is less than 1,000 gpm. Applicant will be required to tie into an existing 12-inch main located just north of the NW property corner in Cedar Ave and extend the 8-inch water main in'Cedar Ave to the south and tie into the 8-inch main at the end of Cedar. This will provide 2,000 gpm: New hydrants will be installed with the 8-inch main. 2. System development fee for water is based on the size of the new domestic water meter(s) that will serve each new lot. Fee for %-inch or i-inch water meter install is $2,523.00. 3. Fee for a %-inch or i-inch water meter installed by the City is $2,870.00. 4. New hydrants shall be installed per Renton's fire department standards to provide the required coverage of all lots. Sanitary Sewer 1. Sewer service is provided by the City of Renton. There is an 8-inch sewer main in Cedar Ave South. Merlino Plat PRE13-0001168 Page 2 of3 . September 18, 2013 • • 2. System Development fee for sewer is based on the size of the new domestic water(s) that will serve each new lot. Sewer fee for a %-inch water or i-inch meter install is $1,812.00. Storm Drainage 1. There appears to be a drainage conveyance system .in Cedar Ave South. 2. A drainage plan and drainage report will be required with the site plan application. The report shall comply with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and any special requirements shall be contained in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. The drainage report will need to follow the area specific flow control requirements under Core Requirement #3. 3. 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. 4. Surface Water System Development fee is $1,120 per' new 10t.·This is payable prior to issuance ofthe construction permit. 5. A Construction Stormwater Permit from the Department of Ecology is required if clearing and grading of the site exceeds one acre. Transportation/Street 1. Existing right-af-way width in Cedar Ave fronting the site is 40 feet. Existing width of pavement is approximately 22 feet. Cedar Ave is classified as residential access street. To meet the City's complete street standards, street improvements including a pavement width of 26 feet, curb and gutter, an 8-foot planting strip, a S-foot sidewalk, storm drainage,and street lighting will be required to be constructed in the right-of-way fronting the site per City code 4-6-060. To build this street section, approximately 6 feet of right-of-way will be required to be dedicated to the City along the project side in Cedar. No street parking would be allowed along the west side of Cedar Ave. 2. The current transportation impact fee rate is $717.7S per single family house. The impact fee for this type of land use will increase on January 1, 2014, to $1,430.72 per single family house. 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. 3· Street lighting will be required along Cedar Ave South to meet city standards. 4. The maximum width of single loaded garage driveway shall not exceed nine feet (9') and double- loaded garage driveway shall not exceed sixteen feet (16'). General Comments H:\CED\Plannlng\Current Plannlng\PREAPPS\13-001168.Rocale\Plan Review Comments PRE13-001168.doc Merlino Plat PRE13-000116B • Page 3 of3 • September 18, 2013 1. All construction 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. Separate permit and fees will be required for the water meter installation, side sewer connection, and storm water connection. 3. Water service, sewer stub, and a drainage flow control 8MP are required to be provided to each new lot prior to recording of the plat. H:\CED\Planning\Current Planning\PREAPPS\13-001168.Rocale\Plan Review Comments PRE13-001168.doc • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: September 19, 2013 TO: Pre-Application File No. 13-001168 FROM: Rocale Timmons, Senior Planner SUBJECT: Merlino Preliminary plat (700-800 Block of Cedar Ave 5) General: We have completed a prelirriinary .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 th-e 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 is a collection of two parcels located between Cedar Ave 5 and Interstate-40S just south of 57th St. The applicant is proposing an 8 lot subdivision (with a combined tract for critical areas and drainage) ofthe 6.91-acre site located within the R-8 zoning classification. The proposed lots are intended for the eventual development of detached single- family homes. Access to the site would be gained via private driveways from a new extension of Cedar Ave S. The site contains a Class 2 stream, sensitive and critical slopes, wetlands, coal mine hazards and is located within an Erosion Hazard area. Current Use: The site is currently vacant. Zoning/Density ReqlJirements:' The subject property is located within the R-8 zoning classification. The density range allowed in the R-S zone is a minimum of 4.0 to a maximum of S.O dwelling units per acre (dulac). The area of public and private streets and critical areas would be deducted from the gross site area to determine the "net" site area prior to calculating density. The applicant did not provide square footage information of critical areas on site or right-of-way to be dedicated; therefore staff was unable to calculate the net density for the proposal. The applicant would be required, at the time of formal land use application, to provide net density calculations falling within the allowed range of the R-8 zoning classification. 1:\rtimmons\preapps\13·001168 (r·8 stream, wetland slopes, coal mines merllno).doc Merlino Preliminary Plat • Page 2 01.4 • September 19, 2013 Development Standards: The project would be subject to RMC 4-2-11OA, "Development Standards for Single Family Zoning Designations" effective at the time of complete application (noted as "R-8 standards" herein). Minimum Lot Size. Width and Depth -The minimum lot size permitted in the R-8 is 4,500 square feet for parcels greater than 1 acre in size and 5,000 square feet for. lots 1 acre or less in size. The total lot area of the subject site is more than 1 acre; therefore a minimum lot size of 4,500 square feet is applicable to the proposed project. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also·required. The proposal appears to comply with the lot size, width and depth requirements of the zone. Building Standards -R-8 zone allows a maximum building coverage of 35% of the lot area 01 2,500 square feet, whichever is greater for lots over 5,000 square feet in size and a maximum impervious surface 75%. Building height is restricted to 30 feet from existing grade. Detached accessory structures must remain below a height of 15 feet. The gross floor area must be less than that of the primary structure. Accessory structures are also included in building lot coverage calculations. The proposal's compliance with. the building standards would be verified at the time of building permit review for the new residences to be located on all lots. Building Design Standards -All single family residences would be subject to the Residential Design Standards outlined in RMC 4-2~115.The proposal's compliance with the residential design standards would be verified at the time of building permit review for the new residences to be located on all lots. Please take not of the following standards One ofthe following is required: . • lot width variation of 10 feet (10') minimum of one per four (4) abutting street-fronting lots, or • Minimum of four (4) lot sizes (minimum of four hundred (400) gross.square feet size difference) for at least every four (4) abutting street fronting lots, or . • A·front yard setback variation of at least five feet (5') minimum for at least every four (4) abutting street fronting lots. Setbacks -:-Setbacks are the minimum required distance between the building footprint and the property line and any.private access easement. The required setbacks in the R-8 zone are 15 feet in front for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear, 5 feet on interior side yards, and 15 feet on side yards along streets (including access easements) for the primary structure and 20 feet on side yards along streets (including access easements) for the attached garage. The setbacks for the new residences would be reviewed at the time of building permit. Access/Parking: Access to site is proposed via private driveways extended from Cedar Ave S. Alley: Alley access is the preferred access pattern in the R-8 zoning classification. However, the applicant has proposed Lot sizes ranging from 7,475 square feet to 10,511 square feet which more resemble lot sizes in the R-4 zoning classification therefore the applicant would not be required to provide alley access to proposed lots. Driveways: The maximum driveway slopes cannot exceed 15%, provided that driveways exceeding 8% are to provide slotted drains at the lower end of the driveway. If the grad~ exceeds 15%, a variance is required. i:\rtimmons\preapps\13-o01168(r-8 stream, wetland slopes, coal mines merlino).doc Merlino preliminary Plat • Page 30f4 September 19, 2013 • Landscaping -Except for critical areas, all portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. The minimum on-site landscape width required along street frontages is 10 feet. Please refer to landscape regulations (RMC 4-4-070) for further general and specific landscape requirements (e·nclosed). Significant Tree Retention: If significant trees (greater than 6-inch caliper) are proposed to be removed 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 30 percent of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. If the trees cannot be retained, they may be replaced with minimum 2 inch caliper trees at a ratio of six to one. Critical Areas: The project site appears to contain critical slopes, stream, wetlands, and coal mine hazards. Additionally, the site located within an Erosion Hazard Area. The applicant provided Geotechnical design calculations for the site which were prepared for the recent 1-405 construction project .. The applicant would be required to provide a Geotechnical Report with the formal land use application addressing the following: • The proposal will nof increase the threat of the geological hazards to adjacent or abutting properties beyond pre-development conditions; • The proposal will not adversely impact other critical areas; and • The development can be safely accommodated an the site. independent secondary review will be required. Additionally, development is prohibited on protected slopes. Exceptions to the prohibition may be granted pursuant to a Critical Areas Varia;'ce. The applicant will also be required to provide a stream/wetland reconnaissance and delineation. In addition, if impacts are proposed to the stream, wetland or their buffers the applicant would need to provide.a conceptual mitigation plan. The City's approved consultant list is enclosed in the information packet .. It is the applicant's responsibility to ascertain whether additional critical areas are present on the site. If so, the proposal would need to be revised accordingly. Environmental Review: Environmental (SEPA) Review is required for projects greater than nine lots or greater, or on sites that contain critical areas. Therefore SEPA would be required for the proposed subdivision. Permit Requirements: The proposed subdivision would require a Preliminary Short Plat Approval .as a Hillside Subdivision, Environmental (SEPA) Review and a Critical Areas Variance if construction is proposed in the critical slopes on site. All land use permits would be processed within an estimated time frame of 6-8 weeks. The Preliminary Short Plat Review application fee is $1,400. The application fee for SEPA Review (Environmental Checklist) is $1,000. The fee for the Critical Area Variance is $1,200. A 3% technology fee would also be assessed at the time of land use 1:\rtlmmons\preapps\13-o01l68 (r-8 stream, wetland slopes, coal mines merlino).doc Merlino Preliminaf'! Plat Page40f4 September 19, 2013 • • application. Detailed information regarding the land use application submittal is provided in the attached handouts. Fees: In 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 of $479.28 per new single family residence; and • A Transportation Mitigation Fee based on .$717.75 per new single family residence; and • A Parks Mitigation Fee based on $530.76 per new single family residence; and • A School District Impact Fee based on $6,395 per new single family residence. Fees will increase January 1,2014. A handout listing all of the City's Development related fees is attached for your review. Expiration: The preliminary short plat approval is valid for two years with a possible one-year extension. 1:\rtlmmons\preapps\13·001l68 (r-8 stream, wetland slopes, coal mines merlino).doc • • Project Narrative Merino Short Plat --Renton, Washington • Project Name: • Project Size: • Location of Site: • Parcel Numbers: • Current zoning: Surrounding zoning: • Current use: • Soil type and Drainage: • Proposed property use: 04l39M Proj Narrative.doc Merlino Short Plat The gross total is 3.69 acres and the total developed site is approximately 1.32 acres. The location of the project is in the 700/800 block of Cedar Ave S. Renton, WA 0007200194 and 2023059085 Residential 8 du/ ac North: Residential 10 du/ ac Multi-Family South: Residential 8 (Single-family home) West: Commercial Office -Commercial Arterial East: Residential 8 dulac (Single-family home) The site is currently vacant. Special site features: There are steep slopes located on the site. Based on field observations the site was mass graded for the WSDOT 1- 405,1-5 to SR 169 Stage 2 corridor widening project completed in 2010. The site is underlain by strucrural fill with a fill slope on the west side of the site to 1-405. In doing so a bench along Cedar Ave. S. was created for furure development. The bench slopes from north to south at 1.8 percent. The site west of the bench slopes steeply toward 1-405 at 1:1.5 or 66 percent. The deepest fill section is 40 feet and is located at the southwest comer of the proposed site. The filled site is underlain by till and bedrock. The southern portion is in a coal mine hazard. A storm drainage system has been designed to meet the Flow Control Duration Standard (forested condition) and provide Basic Water Quality. The stormwatcr will be piped to a detention vault located at the south end of the site. Storm water will discharge into an existiog drainage ditch constructed as a part of the WSDOT 1-405 widening project. The system will include temporary erosio~ control barriers during site construction. The proposal is to subdivide the property into 7 single-family detached, fee simple, lots and 1 tract. Net Density will be 6.86 DU/ AC. With lots ranging from 6,595sf to 7,989sf. This project will use the existing pads along Cedar Avenue South with minimal grading for utilities and ED foundations. . RECE\\! 1;.1'\\ '1 9 2\\\4 en'f OfO~mT(!)N PLANt<ING DiVISION • • Access: • Total Est. Const. Cost: • Est. Cut/Fill: • Trees: • Job Shack ... : • City Dedications: 041391',,[ i'roj Narrative.doc • I Each lot will be accessed from Cedar Ave S. Alleys were not used due to being below density. $175,000 There will be minimal excavation on-site, approximately ±350 cubic yards cut for foundations and utilities, and approximately ±700 cubic yards ftll. There are no trees over 6" on the site, therefore there is no intention of removing any trees over 6" on the site. There is no intention of this owner building homes on this site. The IDeation of any buildings will be determined during design. There will be right of way dedication on the west side of Cedar Avenue South to the City of Renton including a new cul-de-sac. 04/17 /14 ------------------------------- • CONSTRUCTION MITIGATION DESCRIPTION Merlino 7-Lot Short Plat, Core Project # 04139M I. PROPOSED CONSTRUCTION DATES • Grading and wall construction will start Spring 2014. The utilities will start at the same time and shortly thereafter with building construction. II. HOURS OF OPERATION FOR RESIDENTIAL CONSTRUCTION Per City of Renton: Monday -Friday: Saturday: Sunday: 7AM-8 PM 9AM-8 PM None III. PROPOSED HAULING/TRANSPORTATION ROUTES All equipment, materials, and laborers will enter the site off of Cedar Ave S. IV. MEASURES TO BE IMPLEMENTED TO MINIMIZE DUST, TRAFFIC AND TRANSPORTATION IMPACTS, MUD, NOISE AND OTHER NOXIOUS CHARACTERISTICS . • Dust Best management practices will be used to minimize dust on the project site. Water trucks or metered fire hoses will be used as needed to wet down the areas used by construction equipment. Disturbed slopes will be hydroseeded per the Erosion/Sedimentation Control Plan to control dust. • Traffic During site infrastructure and building construction, the traffic entering and leaving the site will consist of subcontractors and deliveries. When arriving for work, the subcontractors will be traveling opposite the traffic leaving the residential area, and materials are primarily delivered at off peak hours' during the day. None of these operations are anticipated to have a significant impact on the peak or non-peak traffic hour in the area. RECEIVED APR 2 92014 CITY OF RENTON PLANNING DIVISION J:12004104139MIDocumentsIDocsIShort P1at120 14-04-17 submitta1104139M Const Mitigation.doc 07/12/13 • • • Transportation Impacts There will be one access point for construction of the project located off of Cedar Ave S. As was stated above the construction traffic will not have a significant impact on traffic. The construction of the entrance and all associated wet and dry utilities to the project may require some construction in the Cedar Ave S. right-of-way. This work will be performed during non-peak hours and lane channelization will be used if needed. • Mud In keeping with state law, any vehicle with deposits of mud, etc. on the vehicle's body, (fender, undercarriage, wheels or tires) will be cleaned of such material before the operation of the vehicle on a paved public highway. In addition a street sweeper will also be used as necessary to remove any deposits from the roadways. • Noise All Construction equipment will have approved muffiers. Impacts from noise are expected to be minimal. The hours of operation will be consistent with City regulations. J:12004104139MIDocumenlsIDocsIShort Plal120 14-04-17 submittall04139M Const Mitigation.doc 07112113 HA.ENLAW • David l Hannen. P E ,Attorney at Law davidhalinen@hatinenlaw.com Seattle' 206.443.4684 • Tacoma' 253.627.6680 • Fax' 253.272.9876 • Cell' 206.713.0992 Halinen law Offices, P.S .• 1019 Regents Blvd Ste 202 Fircrest, WA 98466-6037 • halinenlaw.com HAND-DELIVERED City of Renton Department of Community and Economic Development Planning Division 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: Rocale Timmons, Senior Planner April 24, 2014 RE: Merlino Land Development Co., Inc.'s proposed Merlino Short Plat Street Address: 801 Cedar Avenue South, Renton Request for an Exception through Waiver under RMC 4-3-050J5d for placement of a wedge-shaped sliver fill and part of a retaining wall within a small portion of the Protected Slope area on proposed Tract A of the short plat, a fill that is necessitated by and associated with public road widening for a required cul-de-sac bulb at the south end of Cedar Avenue South Dear Ms. Timmons: On behalf of my client Merlino Land Development Co., Inc. ("MLDC"), the owner of the property on which the seven-lot plus one tract Merlino Short Plat is proposed, I am writing to request an exception through waiver under RMC 4-3-050J5d for placement of a wedge-shaped sliver fill and part of a retaining wall within a small portion of the Protected Slope area on proposed Tract A of the short plat, a fill that is necessitated by and associated with public road widening for a required cul-de-sac bulb at the south end of Cedar Avenue South. Let me explain. Factual Background Underlying This Request An existing public street, Cedar Avenue South, extends along the south edge of the MLDC property from the property's north end (at Cedar Avenue's "tee" intersection with South 7th Street) south to nearly the property's south end. In addition to some widening of the west edge of Cedar A venue that the City has advised MLDC will be required along the frontage of the proposed seven lots, the Fire Department's Corey Thomas has advised MLDC that an approved 90-foot minimum cul-de-sac turnaround is required to be constructed at the south end of the MLDC property because Cedar Avenue exceeds 300 feet in length. Core Design, Inc. (MLDC's engineering, land use planning, and land surveying firm for the proposed short plat project) has prepared a Preliminary Grading & Utility Plan that depicts the required west edge w*piY8 w:. 0 Cedar Avenue including the portion of the widening needed for the required cul-~~Vl$n '\tIlt: inch by 17-inch reduced-size copy of that plan is attached as Exhibit A.) '" "'il" IWIl. 'l "( .' 'V Of REt-nON C~~NN\NG Di\lISION ,. --------------------------------------------------- • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 2 Substantial portions of the MLDC property lie within areas of protected slopes, slopes that were created in 2009 as part of the 1-405 Renton Stage 2 Widening Project. The location of the existing areas of "protected slopes" on the property have been color-shaded by Core Design on an II-inch by 17-inch reduced-size copy of the Preliminary Grading & Utility Plan-see attached Exhibit B. Substantially more than half of the area of the proposed cul-de-sac bulb will lie within the existing boundaries of the subject property, and the remainder of the cul-de-sac bulb area will extend east across the Cedar Avenue right-of-way to Cedar Avenue's existing east curb line. Fitting such a large cul-de-sac into the proposal's design was challenging due to both: (1) The existing gravel access road to the WSDOT stream mitigation area on the State of Washington's property to the south of the MLDC property, an existing gravel access road that: (a) Extends west-southwest across a southeasterly portion of the site (within easements reserved by the State of Washington in a deed) from (i) a location starting at Cedar Avenue's west edge (roughly 80 feet north of Cedar Avenue's south end) to (ii) the easterly middle portion of the site's south boundary and (b) Continues into the property to the south of the site owned by the State of Washington and (2) The location of existing steep slopes (including areas of "protected slopes" in the southeast portion of the property-for a close-up view of the southeast portion of the property along with (a) color-shaded areas of protected slopes, (b) the proposed cul-de-sac, (c) other infrastructure design features proposed as part of the short plat project, and (d) a proposed wedge-shaped fill area extending southwesterly from the southwest edge of the cul-de-sac onto a portion of the protected slope area along with part of a retaining wall, see the II-inch by 17-inch plan exhibit attached as Exhibit C). However, Core Design has developed a proposed location for the cul-de-sac that will appropriately provide for both: (1) Relocating the eastern end of the existing WSDOT gravel access road so that that access road will skirt the south end of the proposed cul-de-sac [see attached Exhibit D. an 11 -inch by 17-inch color exhibit sheet ," • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 3 prepared by Core Design that provides a close-up view of the south end of the proposed short plat and depicts (a) the portion of the existing on-site WSDOT gravel access road proposed to remain in place in conjunction with the short plat (the portion shaded in light purple), (b) the portion of the existing on-site WSDOT gravel access road proposed to be eliminated in conjunction with the short plat (the portion shaded in light yellow), and (c) the proposed replacement segment of the WSDOT gravel access road (the portion shaded in light orange)} and (2) Locating the entirety of the cul-de-sac outside of any "protected slope" area, although some filling to the southwest of the cul-de-sac within a protected slope area and part of a retaining wall is necessary due to the need to keep the elevation of the cul-de-sac's southwest edge high enough in order to keep the cul-de-sac surface's cross-slope to a reasonable maximum grade (currently expected to be a grade of about 6 percent)- that filling and that part of a retaining wall within a protected slope area are depicted on attached Exhibits A. !1, and C. Portions of Subsections J5 and J6 of Section RMC 4-3-050 That Relate to the Requested Waiver for the Proposed Wedge-Shape Fill and part of a retaining wall within a Protected Slope Area The following portions of subsections J5 and J6 of RMC 4-3-050 relate to the requested waiver for the proposed wedge-shape fill and part of a retaining wall within a portion of the MLDC property's larger protected slope area: 5. Protected Slopes: a. Prohibited Development: Development is prohibited on protected slopes. This restriction is not intended to prevent the subdivision or development of property that includes forty percent (40%) or greater slopes on a portion of the site, provided there is enough developable area elsewhere to accommodate building pads. * * * d. Exceptions through Waiver: Exceptions to the prohibition may be granted for installation of public utilities which are needed to protect slope stability, and public road widening where all the following provisions have been demonstrated: • • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 4 i. The utility or road improvement is consistent with the Renton Comprehensive Plan. adopted utility plans, and the Transportation Improvement Program where applicable. ii. Alternative locations have been determined to be economically or jimctionally infeasible. iii. A geotechnical evaluation indicates that the proposal will not increase the risk of occurrence of a geologic hazard. and measures are identified to eliminate or reduce risks. iv. The plan for the improvement is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. Where the excepted activities above are allowed, the erosion control measures in subsection J6 o[this Section. Sensitive Slopes, Medium. High and Very High Landslide Hazards, and High Erosion Hazards, shall also W!iJ!. 6. Sensitive Slopes -Medium, High and Very High Landslide Hazards - High Erosion Hazards: The following standards apply to development on sensitive slopes, mediumlhighlvery high landslide hazard areas, and high erosion hazard areas: a. Erosion Control Plans: Development applications shall submit erosion control plans consistent with subsection 12 of this Section, Special Studies Required, and chapter 4-8 RMC, Permits and Appeals. b. Conditions of Approval: A development proposal may be conditioned to achieve minimal site erosion, including, but not limited to, timing of construction and vegetation stabilization, sequencing or phasing of construction, clearing and grading limits, and other measures. Mitigation plans may be required consistent with subsection F8 of this Section. (Ord. 5676, 12-3-2012) c. On-Site Inspections: During construction, weekly on-site inspections shall be required at the applicant's expense. Weekly reports documenting erosion control measures shall be required. • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 PageS (Boldfacing in the original; italics and underlining added for emphasis.) Argument in Support of the Requested Waiver The proposed wedge-shaped sliver fill and part of a retaining wall on a portion of the property's larger protected slope area is obviously necessitated by the widening of Cedar Avenue for the required cul-de-sac. Thus, the initial predicate of RMC 4-3-0S0JSd for an exception through waiver (i.e., installation of public utilities which are needed to protect slope stability or public road widening) is met. In regard RMC 4-3-0S0JSd(i), note that the "Goal" of the Comprehensive Plan's Community Planning Element is "to improve the livability of Renton's neighborhoods .... " Widening Cedar Avenue with a cul-de-sac bulb at the street's end as proposed will certainly improve the livability of the existing neighborhood across the street to the east from the MLDC property, making the proposal consistent with the Renton Comprehensive Plan. I have found . nothing in the adopted utility plans or in the Transportation Improvement Program that bears on the issue of their consistency with the proposed cul-de-sac road-widening improvement. Thus, I conclude that the adopted utility plans and the Transportation Improvement Program are inapplicable for purposes ofRMC 4-3-0S0JSd(i). In regard RMC 4-3-0S0JSd(ii), an alternative location for the cul-de-sac is certainly not functionally feasible because the cul-de-sac needs to be at the south end of Cedar A venue to serve the proposed short plat's lots and the existing lots across the street to the east. Thus, the subject request for an exception through waiver satisfies RMC 4-3-0S0JSd(ii). RMC 4-3-0S0JSd(iii) and (iv) are both met here because the geotechnical Critical Areas Report dated April 23, 2014 prepared by Icicle Engineers, Inc. for the Merlino Short Plat both (I) includes a geotechnical evaluation indicating that the proposal will not increase the risk of occurrence of a geologic hazard and identifies measures to eliminate or reduce risks and (2) demonstrates that the plan for the proposed cul-de-sac road-widening improvement (and the associated subject wedge-shaped sliver fill and part of a retaining wall on a small portion of the larger protected slope) is based on consideration of the best available science as described in WAC 36S-19S-90S. I Section 9.0 (and its subsections 9.1 and 9.2) of the geotechnical Critical Areas Report dated April 23, 2014 prepared by Icicle Engineers, Inc. for the Merlino Short Plat state: 9.0 RISK EVALUATION 9.1 COMMENTS RELATING TO SUBSECTIONS (iii) AND (iv) OF RMC 4-3-0S0J.S.d The above-stated design and construction practices are reconunended to reduce risks. If these design and construction practices are implemented, in our opinion the proposal to modify the Engineered Slope in the area near the cul-de-sac with a sliver fill and retaining wall should not increase the risk of slope failure to an unacceptable level (FOS less than 1.5). In addition, the planned sliver fill and retaining wall improvement within the Protected Slope in the cul-de-sac : ----------------------------------------- • • City of Renton Department of Community and Economic Development Planning Division Attn: Rocale Timmons, Senior Planner April 24, 2014 Page 6 The applicant recognizes that if the requested exception through waiver is granted, the erosion-control measures in above-quoted subsection J6a of RMC 4-3-050J5 (Sensitive Slopes, Medium, High and Very High Landslide Hazards, and High Erosion Hazards) will apply. In view of the above, MLDC hereby asks that its request for exception through waiver be granted. Sincerely, HALINEN LAW OFFICES, P.S. David Halin n Enclosures (Exhibits A, B, C, and D) cc: Merlino Land Development Co., Inc. Attn: Jim Blais (with copies of enclosures) Core Design, Inc. (with copies of enclosures) Attn: Lafe Hermansen, Director of Planning Attn: Sheri Murata, PE Icicle Engineers, Inc. (with copies of enclosures) C~ Attn: Brian R. Beaman, PE, LG, Principal Engineer/Geologist Attn: Kathy S. Killman, LEG, Principal Engineering Geologist Y;\ct\2497\014\Waiver\Timmons LTI F2 [4~24-2014 (regarding waiver request)].doc bulb area is being designed using locally accepted current standards of engineering practice ("best available science" as described in WAC 365-195-905). 9.2 COMMENTS RELATING TO RMC 4-3-050J.2 Consistent with RMC 4-3-050J.2, (I) the project should not increase the risk of Geologic Hazards to adjacent or abutting properties beyond pre-development conditions, (2) the project should not adversely impact other Geologic Hazards, and (3) the development can be safely accommodated on the site with careful planning by the design team. Note that the "above-stated design and construction practices ... recommended to reduce risks" are set forth in section 8.2.1.2 of the geotechnical Critical Areas Report dated April 23, 2014. • • DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 160,943 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: 8,190 square feet 5,072 square feet 103,440 square feet 2. 116,702 square feet 3.~ 44,241 square feet 4. 1.02 acres 5. -'-7 ____ units/lots 6. 6.86 = 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. R:\PW\DEYSERV\Forms\Planning\density.doc RECEIVED APR 2 92014 CITY OF RENTON Last /ll1,~iffli~i;0~ON • • PLANNING DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 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 NON PROJECT 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). r:: \\1 £0 R£C~ Pcge 1 p.,(>R 2 \) ?\J\~ f REN10 N C\1'l 0NING oNISION pLAN • • For non project actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. Pcge2 ----,---------------------------------------------------------------------------------------- • • A. BACKGROUND 1. Name of proposed project, if applicable: Merlino Short Plat 2. Name of applicant: Merlino Land Development Co., Inc. 3. Address and phone number of applicant and contact person: Applicant: Merlino Land Development Co., Inc. Attn: Jim Blais 5050 1" Ave S, Suite 102 Seattle, WA 98134-2400 (206) 658-0847 Contact: Lafe B. Hermansen c/o Core Desi~n Inc. 14711 NE 29' PL, Suite 101 Bellevue, WA 98007 (425) 885-7877 4. Date checklist prepared: April 24, 2014 5. Agency requesting checklist: City of Renton Department of Community and Economic Development 6. Proposed timing or schedule (including phasing, if applicable): Site construction is scheduled to start in the summer of 2014, subject to the City'S approval process and market demands. Construction of homes on the proposed lots is expected to start as early as the late summer of 2014. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Not at this time. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Geotechnical Report (Critical Areas with Protected Slope Setback Evaluation) (April 23, 2014, Icicle Engineers, Inc.) . Coal Mine Hazard Assessment report (April 23, 2014, Icicle Engineers, Inc.) Pcge3 • • 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None to our knowledge. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Short Plat Approval SEPA Threshold Determination Drainage Plan Approval Water and Sewer Construction Plan Approval Construction Plan Approval for Cedar Avenue S. road widening (including cul-de-sac bulb construction) Exception through Waiver under RMC 4-3-0S0JSd for placement of a wedge-shaped sliver fill and retaining wall within a small portion of the Protected Slope area on proposed Tract A of the short plat Construction Permit for Grading Final Short Plat Approval Residential Building Permits ROW Use Permit/Approval for proposed improvements in the existing Cedar Avenue South right-of-way 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. This application proposes development of a 7-lot residential short subdivision project on approximately 1.02 acres of an overall approximately 3.69-acre site under the City's existing development regulations applicable to the subject property (property that is zoned R-8). An approximately 2.37-acre tract is also proposed. The homes that are anticipated to ultimately be constructed on the proposed lots will likely be in the middle-income price range. 12. Location ofthe proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. ~e4 • • The project is located on the west side of Cedar Avenue South in the 700-to-800 block of Cedar Avenue South. The project is located in the NW X, Section 20, Township 23N, Range 5E. The site is just to the southwest of the intersection of Cedar Avenue South and South 7'h Street. A legal description is attached as Exhibit 1. A vicinity map is also attached. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); 4!a0olling, hilly, steep slopes, mountainous, other . [Not~ almost the entirety of the 1.02-acre development area of the 3.69-acre overall property is a nearly flat plateau area that abuts the west edge of existing Cedar Avenue South. Outside of the proposed development area, the site is sloping and is characterized primarily by steep slopes.] b. What is the steepest slope on the site (approximate percent slope?) The steepest slope is approximately 57% (approximately 1.75H:1V). 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 Natural Resources Conservation Service has mapped the site as Alderwood and Kitsap soils. However, in the area of the site that is now proposed for residential short subdivision development, fill soil was placed in 2009 as part of the WSDOT 1- 405 widening project. The placement of that fill created both (1) the very-gently- sloping plateau area along the west edge of Cedar Ave S. that is suitable for single- family-residential development and (2) steep reinforced soil fill slopes to the west, north, and south edges of the plateau area. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There is no indication or known history of unstable soils in the immediate vicinity. The WSDOT's 1-405 widening project's soil stabilization improvements at the site included (i) an engineered reinforced soil fill slope, (ii) vegetating the very-gently- sloping plateau area of the fill with grass, and (iii) planting the fill slope with Douglas fir trees (which are now about 8-feet high) and with shrubs. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Approximately 350 cubic yards of cut is expected for construction of foundations and utilities and approximately 700 cubic yards of fill for the filling associated with the proposed cul-de-sac portion of the road. The source of the fill has not yet been determined . . f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Pcge5 • • Erosion could occur during site construction. However, erosion and sedimentation control measures will be required by the City and will be implemented during site construction. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 28 percent of the site will be covered by impervious surfaces. [about 0.92 acres on-site (for buildings, driveways, walkways, and patios) and about 0.10 acres for the widening of Cedar Avenue South, for a public sidewalk, and for driveway entrance aprons). h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. AIR A temporary erosion and sedimentation control (TESCP) plan will be prepared, approved by the City, and implemented as part of construction activities. During site construction, erosion and sedimentation control measures may include any of the following: siltation fences, one or more temporary siltation ponds, and other measures that may be used in accordance with requirements of the City. At completion of the project, permanent drainage control measures will include a stormwater detention and water quality vault, which is to be designed and constructed under the proposed cul-de-sac bulb. 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. During construction, there will be increased exhaust and dust particle emissions. After construction, the principal source of emissions will be from automobile traffic, lawn maintenance equipment, gas fireplaces, barbecues, and others typical of a residential neighborhood. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. Off-site sources of emissions or odors are those typical of the residential neighborhoods that surround this site, such as automobile emissions from traffic on adjacent roadways (1-405 and Cedar Ave. S.) and fireplace emissions from nearby homes. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Automobile and fireplace emission standards are regulated by the State of Washington. The site has been included in a regulatory "No Burn Zone" established by the Puget Sound Air Pollution Control Agency that went into effect on September 1, 1992. Under the "No Burn Zone" regulation, land clearing or Pcge6 • • residential yard debris fires would be permitted neither on-site nor in the surrounding neighborhood. 3. WATER b. 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. An existing class 3 stream, an existing class 5 stream, and an existing category 3 wetland all lie offsite on the WSDOT property to the south of the subject Merlino Land Development Co. property. These waters eventually discharge into Lake Washington. 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. Yes, the project's work area is within 200 feet of the streams but outside of the streams' respective buffers. No work is planned within 200 feet of the off-site wetland. 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. Not applicable. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No, there will be no surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 1) No. All homes will be connected to the existing public sanitary sewer system. Ground Water: Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. ~e7 • • No groundwater will be withdrawn. (A public water main will be installed as part of the short plat's infrastructure construction.) No water will be discharged to groundwater except through the incidental infiltration of stormwater. 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. The site will be served by sanitary sewers. There will be no waste material discharged to the ground from the development. 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. Stormwater runoff will result from the proposed development's impervious surfaces and will be collected and routed to a stormwater detention and water quality vault to be constructed beneath the proposed cul-de-sac bulb at the south end of the project. The design of the vault will be in accordance with the 2009 King County Surface Water Design Manual (with the modifications to the 2009 Manual that have been made by the City of Renton.) The detained stormwater will be released from the vault into an existing gravel-lined drainage ditch that drains to the downstream storm drain system within, through, and past the 1-405 right-of- way and eventually into Lake Washington. 2) Could waste material enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: A City-approved storm drainage system will be designed and constructed in order to mitigate any adverse impacts from storm water runoff. The system will initially include temporary erosion control measures during site construction, and will later include permanent stormwater collection/treatment facilities. The permanent system will ensure that prior to the release of stormwater into the downstream storm system, the system will have significantly mitigated potential impacts to ground and surface waters. The system will be designed in accordance with the 2009 King County Surface Water Design Manual (with the modifications to the 2009 Manual that have been made by the City of Renton). 4. PLANTS a. Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other _X_ evergreen tree: fir, cedar, pine, other _X_ shrubs Pcge8 • _x_ grass __ pasture __ crop or grain • __ wet soil plants: cattail, buttercup, bullrush, 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? Most of the existing vegetation (grass) along the proposed development project's Cedar Avenue South frontage plateau will be removed as part of the proposed development. c. List threatened or endangered species known to be on or near the site. No threatened or endangered plants are known to exist on the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: A landscape planting strip is proposed between the proposed new curb and sidewalk along the west edge of Cedar Avenue South. As depicted on the preliminary landscape plan submitted to the City in relation to the proposed short plat, the east 10 feet of the lots fronting Cedar Avenue South will have a minimum of 10' of special landscaping. 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: Bird:f hawk):leron, eagle@ngbif9, other __ .,-~ ___ _ Mammals: deer, bear, elk, beaver, other __ squirrels _______ _ Fish: bass, salmon, trout, herring, shellfish, other ______ _ b. List any threatened or endangered species known to be on or near the site. No threatened or endangered species are known to exist on the site. c. Is the site part of a migration route? If so, explain No. d. Proposed measures to preserve or enhance wildlife, if any: A landscape planting strip is proposed between the proposed new curb and sidewalk along the west edge of Cedar Avenue South. The yard areas associated with individual ownership of the seven proposed lots will be landscaped by the future residents. 6. ENERGY AND NATURAL RESOURCES ~e9 • • 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. Electricity and/or natural gas will be the primary source of energy used to provide heating and cooling to each home. These forms of energy are immediately available to the site. The builder will provide the appropriate heating and cooling systems which are energy efficient and cost effective for the home buyers. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The requirements of the Uniform Building Code and the State Energy Code will be incorporated into the construction of the homes. Energy conserving materials and fixtures are encouraged in all new 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. The project will not generate any environmental health hazards. 1) Describe special emergency services that might be required. None to our knowledge. 2) Proposed measures to reduce or control environmental health hazards, if any: There are no on-site environmental health hazards known to exist today nor are there any that will be generated as a direct result of this proposal. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The main source of off-site noise in this area originates from the vehicular traffic present on 1-405 and Cedar Ave South. 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. Pcge 10 • Short-term noise impacts will result from the use of construction and building equipment during site development and home construction. These temporary activities will be limited to working hours allowed under the Renton Municipal Code. 3) Proposed measures to reduce or control noise impacts, if any: Building construction will be done during the allowed construction hours prescribed by the Renton Municipal Code. Construction equipment will be equipped with muffler devices. Possible use of double-pane or triple-pane windows to reduce interstate freeway noise. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently vacant. The current uses of the adjacent properties are as follows: North: South: East: West: Multi-family residential WSDOT-owned open space and PSE Transmission line Easement Existing single-family homes Interstate 405 b. Has the site been used for agriculture? If so, describe. Not to our knowledge. c. Describe any structures on the site. There are no structures on site. d. Will any structures be demolished? If so, what? Not applicable. e. What is the current zoning classification of the site? The current zoning is R-S. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Residential Single Family (RS). g. If applicable, what is the current shoreline master program designation of the site? Not applicable . . h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. ~e11 • • Yes, an area encompassing approximately 1,354 square feet at the southeast corner of the subject property has been determined to be a Very High Coal Mine Hazard Area (as defined by the City of Renton) according to an April 23, 2014 Coal Mine Hazard Assessment report prepared by Icicle Creek Engineers, Inc. and submitted to the City as part of the subject short plat application. In addition, an approximately 46,694 square foot portion of the subject property has been shown on the Coal Mine Hazard Map contained in the March 24, 2014 Coal Mine Hazard Assessment report as a Low Coal Mine Hazard Area (as defined by the City of Renton) even though no evidence of any mining activity within that area was found by Icicle Creek Engineers, Inc. Most of the land lying within proposed Tract A is a Protected Slope Area (having a slope greater than or equal to 40 percent with a height that is 15 feet or greater as defined by the City of Renton), which slopes are fill slopes created in 2009 as part of the 1-405 widening project. Those slopes and building setbacks from the top of them are discussed in detail in the April 23, 2014 Geotechnical Critical Areas report prepared by Icicle Creek Engineers, Inc. and submitted to the City of Renton as part of the subject short plat application. Figure 2 of that report contains a map depicting both the Protected Slope Area and an Erosion Hazard Area on the property. The plateau portion of the site on which all of the proposed lots, homes, and road widening is proposed does not lie within protected slopes. i. Approximately how many people would reside or work in the completed project? Approximately 18 people (7 x 2.5 persons per dwelling unit). j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The area to the north and east of the site consists of residential housing. The proposed use of the site is compatible with surrounding uses. The proposed widening of Cedar Avenue South and installation of the cul-de-sac turnaround at Cedar Avenue's south end will enhance the street for the benefit of both the subject property and the existing homes along Cedar Avenue's east edge. 9_ HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. The proposed short plat contemplates 7 new single-family residences. The new homes are anticipated to be in the middle-income price range. Pcge 12 • • 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: No adverse housing impacts would result from the proposal. 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 buildings will meet the height requirements of the R-8 zone and, thus, will not exceed 2 stories or 30 feet in height. The principal exterior building materials may include such things as wood, masonry, and stucco. b. What views in the immediate vicinity would be altered or obstructed? Due to the natural-sloping topography of the surrounding neighborhood, the visual impact on the' adjacent area will be minimal. Homes along the east side of Cedar Ave South currently sit slightly up on a hill allowing. a better view across the proposed homes. Before the clearing of the subject property in 2009, there was a forest of trees that blocked the westerly view from these homes. c. Proposed measures to reduce or control aesthetic impacts, if any: The homes will be of a scale and size to be compatible with the existing neighborhood. On-site landscaping will be installed by the owners of each of the seven proposed lots. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Some light and glare will originate from building lighting and exterior lighting. Light will also be produced from vehicles driving to and from the site. These impacts would occur primarily in the evening and before dawn. 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? The only offsite source of light and glare will be from vehicles and street lighting from 1-405, the adjacent streets, and nearby single-family homes. d. Proposed measures to reduce or control light and glare impacts, if any: ~e13 • • Street lighting, if required, will be installed in a manner that generally directs the lighting downward. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Philip Arnold Park Cedar River Park Liberty Park b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Not applicable. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None to our knowledge. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. c. Proposed measures to reduce or control impacts, if any: None because there are no known expected impacts. If an archeological site is found during the course of construction, the State Historical Preservation Officer will be notified. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access to the site will be off Cedar Ave S. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. The closest bus stop is 0.4 miles away at the intersection of Main Ave. Sand S. 4th Street. ~e14 • • c. How many parking spaces would the completed project have? How many would the project eliminate? At least four parking spaces will be provided in association with each home (at least two in each garage and two in each driveway), for a projected total of 28 spaces on the site. There are no existing parking spaces to 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 west side of Cedar Avenue South is proposed to be widened along with construction of a cul-de-sac bulb at the south end of Cedar Avenue. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. This project is estimated to generate 70 average daily trips (ADT) based on 10 ADT per residence. Peak volumes would occur during the morning and evening commute hours. g. Proposed measures to reduce or control transportation impacts, if any: Payment of applicable traffic impact fees to the City of Renton required by City code. 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. The need for public service such as fire, health, and police protection will be typical of single family development of this size. The Renton School District will serve school-age children living in the homes within this development. b. Proposed measures to reduce or control direct impacts on public services, if any. The homes will be constructed to meet all applicable standards and codes of the City and the Uniform Building Code. The proposed development will contribute to the local tax base and provide additional tax revenue for the various public services. The impact to the schools and traffic will be mitigated through the payment of impact fees. 16. UTILITIES a. Circle utilities currentl available at the sitecmectrici&?natural g~ater~ efuse servic ele hon anitar sew septic system, other. Pcge 15 • • 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. All utilities are available to the site through the proper extension of services. Extension of services along the site's frontage will be the developer's responsibility. 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. _I Proponent Signatur~es¥ Name Printed: ,!,La!!!f!SeWB:1". . .!H!.!iea.r!!.m!.!!ai!.!n~se!O.!n:l-______ _ Date: April 24, 2014 ~e16 .. • • EXHIBIT I LEGAL DESCRIPTION OF THE MERLINO SHORT PLAT PROPERTY That portion of the below-described PARCEL "A" described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+17± on the SR 405 line survey ofSR 405, SR 515 Vic. to S. 6th St. Vic. and 512.01 feet easterly therefrom, said point being on the easterly boundary of said PARCEL "A"; Thence westerly to a point opposite HES 368+50.32 on said line survey and 221.15 feet easterly therefrom; Thence northerly to a point opposite HES 369+13.54 on said line survey and 220.06 feet easterly therefrom; Thence northerly along a curve to the left having a radius of2103.46 feet and an arc distance of 563.97 feet to a point opposite HES 374+37.72 on said line survey and 202.34 feet easterly therefrom and the northerly line of said Section 20; Thence easterly along said northerly line to a point opposite HES 374+54.58 and 445.03 feet easterly therefrom, said point being on the westerly line of Cedar Avenue South; Thence southerly along said westerly line to the Point of Beginning. PARCEL "N That portion of the Henry H. Tobin Donation Lend Claim No. 37, in SErlion 20, Township 23 North, Renge 5 East, W.M., in King County, Washington, lying southerly end westerly of the plat of Highlend Addition to the Town of Renton and the west line thereof extended south, a::cording to the plat thereof recorded in Volume 17 of Rats, on p~e 32, in King County, Washington; AND that portion of the northwest quarter of the northwest quarter (Government Lot 1) of SErlion 20, Township 23 North, Renge 5 East, W.M., in King County, Washington, lying northerly of Puget Sound Power end Light Compeny'stransmission right-of-way end east of Primary State Highway No. 1 (SR 405), descri bed as follows: Beginning at the intersection of the north line of said SErlion 20, with the west line of said pi at, whi ch poi nt is North 89059'27" West 1,386.85 feet from the north quarter corner of sai d section; Thence South 01"29'35" West along the west line of said plat end said line produoect southerly 973.04 feet to the northerly line of Puget Sound Power a1d Light Compcny's trensmission right-of-way; Thence North 6?O3'41" West 471.86 feet to the easterly line of Primay State Highway No. 1 ; Thence northerly along said highway to the north line of said section; Thence South 8905g27" East along said north line 316.54 feet to the Point of Beginning. The specific details concerning all of the ;;i)Qve legal descriptions a-e to be found on sheets 6 end 7 of that certain plen entitled SR 405, SR 515 Vic. to S. 6th St. Vic., now of record end on file in the office of the Washington Sa':retay of Trensportation at Olympia, Washington end bea'ing a date of approval of May 24, 2007. Situate i n the City of Renton, County of Ki ng, State of Washi ngton. Pc{je 17 -j • ViCINITY MAF I" • 1200't ,----------------------------------: ------1 • • Fidelity National Title' Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Policy No.: WA-FBCM-IMP-27WAGI4-1-14-20368801 Fidelity National Title Insurance Company a Cu/iforni(l corporation, herein called the Company GUARANTEES Halinen Law Offices 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. Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company By: Ise, Commercial Title Officer f Commercial Title Officer Authorized Signature RrCF!\!'=D APt( 2 ;J ~;' '\ CITY OF RENTON PlANNING DIVISION 27W AG 14 Subdivision Guarantee Order No. 20368801-410-T20 • Guaran!.,. W A-FBCM-IMP-27W AG 14-1-14-2036880 1 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE l. Except to the extent that specific assurances are provided In Schedule A of this Guarantee. the Company assumes no liability for loss or damage by reason or the following: (a) Defects, liens. encumbrances. adverse claims or other matters against the title, whether or not shown by the public records. (b) (t) Taxes or assessments of any taxing authority that levies tuxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of stich proceedings. whether or not the matters excluded under (I) or (2) are shown by the records of the taxing authority or by the public records. (c) (I) 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 (I), (2) or (3) are shown by the public records. 2. Notwithstanding any spedfic assurances which are provided in Schedule A of this Guarantee. the Company assumes no liability for loss or damage by reason of the following: (a) Delects. liens. encumbrances. adverse claims or other matters aflecting 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. rouds, uvenues. lanes. wuys 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 specilical1y set forth in said description. (b) Defects. liens. encumbrances. adversc claims or other matters, whether or not shown by the public records: (I) which are created, sutTered, 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 potcntial invalidity of any Judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedu Ie A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS I. Definition or Terms, The following terms when used in the Guarantee mean: (a) The "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed hy the Company. (h) "land": the land described or referred to in Schedule A or in Part 2, and improvcments aftixed thereto which by law constitute real property. The tenn "land" does not include any property beyond the lines of the area described or referred to in Schedule A or in Part 2. nor any right, title. interest. estate or easement in abutting streets, roads, avenues, alleys. lanes. ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matter relating to real property to purchasers for value and without knowledge. (c) "date": the etTective date. 2. Nolice of Claim 10 be Given by Assured Claimant An Assured shall notil).' the Company promptly in writing in case knowledge shall come to an Assured hereunder of rmy claim of title or interest which is adverse to the title to the estate or interest. as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company. then al1 liability of the Company shall terminate with regard to the manner or matters for which property notice is required; provide. however. that failure to notily the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the p~iudicc. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party. notwithstanding the nature of any allegation in such action or proceeding. 4, Company's Option to Defend or Prosecute Actionsj Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: 27WAG 14 Subdivision Guarantee (a) The Company shall have the right, at its sole option and cost. to institute and prosecute uny action or proceeding, interpose a defense. as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, where or not it shall be liable hereunder. and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees. costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from and adverse judgment or order. (d) In DII CDses where the Guamntee permits the Company to prosecute or provide for the defense of any action or proceeding. an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein. and permit the Company to use. at its option. the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense. shall give the Company all reasonablc 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's prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proor or Loss Da mage. In addition to and after the nolices required under Section 3 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 atler Date or 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 pcrtain to the loss damage. All information designated as conJidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to other 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 of grant permission to secure reasonably necessary infonnation from third parties as required in the above paragraph, unless prohibited by law or govemmcntal regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Order No. 20368801-410-T20 6. Options to Payor Otherwise Settle Claims: Termination of Liability. Lo case of a claim under this Guarantee. the Company shall have the following additional options: (a) Amount To Payor Tender Payment of the of Liability or to Purchase the Indebtedness. The Company shall have the option to payor seule 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 Guunmtee is issued for the benefit of a holder of n mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage Of 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 tenninate 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 tcnninate. including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Setlle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of the Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligation 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 tenninate. including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 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 27W AG 14 Subdivision Guarantee • Guarantee N.-fBCM-IMP-27W AG 14-1-14-2036880 1 extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shull not exceed the least of: (a) The amount of liability states in Schedule A; (b) The amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee. as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 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. 8. Limitation of Liability. (a) If the Company establishes the title. or removes the alleged defect. lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully perfonned its obligation with respect to that matter and shall not be liable for any loss or damage caused there. (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 detennination 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 wriuen consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee. except payments made for costs. attomeys' 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 Guamntee has bee lost or destroyed. in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordW1ce with these Conditions and Stipulations. the loss or damage shall be payable within thirty (30) days thereal\er. J 1. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guamntee. all right of subrogation shall vest in the Company unaflected 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 Guamntec 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 pennit 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. 12. Arbitration, Unless prohibited by applicable law. either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitmtion 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 Guamntee, 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 Mount of liability is $1.000,000 or less shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in etTect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only i r the Arhitrator(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 bc obtained from the Company upon request. 13. Liability Limited to This Guarantec; Guarantee Entire Contract. (a) This Guarantee together with all endorsements. if any. aUached 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. (e) 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, and 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 Fidelity National Title Insurance Company Attn: Claims Department P.O. Box 45023 Jacksonville. FL 32232-5023 " Order No. 20368801-410-T20 • Guarantee N.-FBCM-IMP-27W AG 14-1-14-2036880 1 SUBDIVISION GUARANTEE SCHEDULE A Order No.: 20368801-410-T20 Liability: $1,000.00 Guarantee No.: WA-FBCM-IMP-27WAGI4-1-14-20368801 Premium: $550.00 Customer No.: Tax: $52.25 Total: $602.25 I. Name of Assured: Halinen Law Offices 2. Date of Guarantee: March 7, 2014 at 8:00 A.M. The assurances referred to on the face page hereof are: That according to those public records which. under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto and made a part hereof. The estate or interest in the land which is covered by this guarantee is: FEE SIMPLE Title to the estate or interest in the land is vested in: Merlino Land Development Co., Inc., a Washington corporation subject to the Exceptions shown below, which are not necessarily sho\VTl in order of their priority. EXCEPTIONS: I. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON LAND OR BY THE PUBLIC RECORDS. 2. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS. CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 3. TITLE TO ANY PROPERTY BEYOND THE LINES OF THE LAND EXPRESSLY DESCRIBED HEREIN. OR TITLE TO STREETS, ROADS, AVENUES, LANES, WAYS OR WATERWAYS ON WHICH SAID LAND ABUTS, OR THE RIGHT TO MAINTAIN V AULTS, TUNNELS, RAMPS OR ANY OTHER STRUCTURE OR IMPROVEMENT; OR ANY RIGHTS OR EASEMENTS THEREIN UNLESS SUCH PROPERTY RIGHTS OR EASEMENTS ARE EXPRESSLY AND SPECIFICALLY SET FORTH IN THE LAND DESCRIBED HEREIN. 27WAG14 Subdivision Guarantee Page 1 Order No. 20368801-410-T20 • Guarantee No. WeCM-IMP-27WAG 14-1-14-2036880 1 SCHEDULE A (Continued) 4. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS,IF ANY, AFTER DELINQUENCY: (I ST HALF DELINQUENT ON MAY I; 2ND HALF DELINQUENT ON NOVEMBER I) TAX ACCOUNT NO.: 000720 0194 YEAR BILLED PAID BALANCE 2014 $ 105.78 $52.89 $52.89 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $ 52.89. LEVY CODE: 2100 ASSESSED VALUE LAND: $6,900.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (AFFECTS THAT PORTION OF SAID PREMISES LYING WlnllN SAID DONATION LAND CLAIM NO. 37) 5. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (I ST HALF DELINQUENT ON MAY I; 2ND HALF DELINQUENT ON NOVEMBER I) TAX ACCOUNT NO.: 202305 9085 YEAR BILLED PAID BALANCE 2014 $ 284.36 $142.18 $142.18 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $ 142.18. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2100 $19,400.00 $0.00 (AFFECTS THE REMAINDER OF SAID PREMISES) 6. LIABILITY FOR SEWAGE TREATMENT CAPACITY CHARGES THAT MAY BE ASSESSED BUT NOT DISCLOSED IN THE PUBLIC RECORDS. 7. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN SAID LAND AND THE HIGHWAY OR HIGHWA YS TO BE CONSTRUCTED ON LANDS CONVEYED BY DEED: TO: RECORDED: RECORDING NO.: STATE OF WASHINGTON JULY 23, 1958 4924770 8. AGREEMENT AND THE TERMS AND CONDlTlONS THEREOF: REGARDING: RECORDED: RECORDING NO.: COMMON EASEMENT FOR INGRESS, EGRESS AND UTILITIES OCTOBER 23, 1979 7910230907 9. MATTERS SET FORTH BY SURVEY: RECORDED: RECORDING NO.: 27WAG14 Subdivision Guarantee NOVEMBER 12, 1985 8511129001 Page 2 r I < ------------------------------------------------ Order No. 20368801-4JO-T20 • Guarantee N.-FBCM-IMP-27W AG 14-1-14-2036880 1 SCHEDULE A (Continued) 10. RESERVATIONS, EASEMENTS COVENANTS, CONDITIONS AND OTHER MATTERS CONTAINED IN DEED FROM THE STATE OF WASHINGTON: RECORDED: RECORDING NO.: AUGUST 2, 2011 20 I 10802000538 II. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. Countersigned by: ~ft? , Authorized Signature Authorized Signature 27WAG14 Subdivision Guarantee Page 3 Order No. 20368801 -4 10-T20 • Guarantee No. W.CM-IMP-27W AG 14-1 -14-2036880 1 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE BELOW-DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) 369+17+1-ON THE SR 405 LINE SURVEY OF SR 405, SR 515 VIC. TO S. 6TH ST. VIC. AND 512.01 FEET EASTERLY THEREFROM, SAID POINT BEING ON THE EASTERLY BOUNDARY OF SAID PARCEL "A "; THENCE WESTERLY TO A POINT OPPOSITE HES 368+50.32 ON SAID LINE SURVEY AND 221.15 FEET EASTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE HES 369+13.54 ON SAID LINE SURVEY AND 220.06 FEET EASTERLY THEREFROM; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS 01'2103.46 FEET AND AN ARC DISTANCE OF 563.97 FEET TO A POINT OPPOSITE HES 374+37.72 ON SAID LINE SURVEY AND 202.34 FEET EASTERLY THEREFROM AND THE NORTHERLY LINE OF SAID SECTION 20; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO A POINT OPPOSITE HES 374+54.58 AND 445.03 FEET EASTERLY THEREFROM, SAID POINT BEING ON THE WESTERLY LINE OF CEDAR AVENUE SOUTH; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. PARCEL "A" THAT PORTION OF THE HENRY H. TOBIN DONATION LAND CLAIM NO. 37,IN SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,IN KING COUNTY, WASHINGTON, LYING SOUTHERLY AND WESTERLY OF THE PLAT OF HIGHLAND ADDITION TO THE TOWN OF RENTON AND THE WEST LINE THEREOF EXTENDED SOUTH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUM E 17 OF PLATS, ON PAGE 32, IN KING COUNTY, WASHINGTON; AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (GOVERNMENT LOT I) OF SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF PUGET SOUND POWER AND LIGHT COMPANY'S TRANSMISSION RIGHT-OF-WAY AND EAST OF PRIMARY STATE HIGHWAY NO.1 (SR 405), DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 20, WITH THE WEST LINE OF SAID PLAT, WHICH POINT IS NORTH 89°59'27" WEST 1,386.85 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE SOUTH 01°29'35" WEST ALONG THE WEST LINE OF SAID PLAT AND SAID LINE PRODUCED SOUTHERLY 973.04 FEET TO THE NORTHERLY LINE OF PUGET SOUND POWER AND LIGHT COMPANY'S TRANSMISSION RIGHT-OF-WAY; THENCE NORTH 67°03'41" WEST 471.66 FEET TO THE EASTERLY LINE OF PRIMARY STATE HIGHWAY NO.1: THENCE NORTHERLY ALONG SAID HIGHWAY TO THE NORTH LINE OF SAID SECTION; THENCE SOUTH 89°59'27" EAST ALONG SAID NORTH LINE 316.54 FEET TO THE POINT OF BEGINNING. THE SPECIFIC DETAILS CONCERNING ALL OF THE ABOVE LEGAL DESCRIPTIONS ARE TO BE FOUND ON SHEETS 6 AND 7 OF THAT CERTAIN PLAN ENTITLED SR 405, SR 515 VIC. TO S. 6TH ST. VIC., NOW OF RECORD AND ON FILE IN THE OFFICE OF THE WASHINGTON SECRETARY OF TRANSPORTATION AT OLYMPIA, WASHINGTON AND BEARING A DATE OF APPROVAL OF MA Y 24,2007. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. :,.~'" 27WAG14 Subdivision Guarantee Page 4 ' . ·.--• LEGAL DESCRIPTION OF THE MERLINO LAND DEVELOPMENT CO., INC. "801 CEDAR AVENUE SOUTH PROPERTY" That portion of the below-described PARCEL "A" described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+ 17± on the SR 405 line survey of SR 405, SR 515 Vic. to S. 6th S1. Vic. and 5l2.oJ feet easterly therefrom, said point being on the easterly boundary of said PARCEL "A"; Thence westerly to a point opposite HES 368+50.32 on said line survey and 221.15 feet easterly therefrom; Thence northerly to a point opposite HES 369+13.54 on said line survey and 220.06 feet easterly therefrom; Thence northerly along a curve to the left having a radius of 2103.46 feet and an arc distance of 563.97 feet to a point opposite HES 374+37.72 on said line survey and 202.34 feet easterly therefrom and the northerly line of said Section 20; , Thence easterly along said northerly line to a point opposite HES 374+54.58 and 445.03 feet easterly therefrom, said point being on the westerly line of Cedar Avenue South; Thence southerly along said westerly line to the Point of Beginning. PARCEL "A" That portion of the Henry H. Tobin Donation Land Claim No. 37, in Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying southerly and westerly of the plat of Highland Addition to the Town of Renton and the west line thereof extended south, =.~,?c,-,""according·· to the plat 'thereof recorded in· Volume ·+7· ,of Plats;"-on' page 32,' iff': King 'GoUntY;'; '.-.;:; :,' . '.,',.' Washington; AND that portion of the northwest quarter of the northwest quarter (Government Lot 1) of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying northerly of Puget Sound Power and Light Company's transmission right-of-way and east of Primary Stite Highway No.1 (SR 405), described as follows: Beginning at the intersection of the north line of said Section' 20, with the west line of said plat, which point is North 89°59'27" West 1,386.85 feet from the north quarter comer of said section; Thence South 01°29'35" West along the west line of said plat and said line produced southerly 973.04 feet to the northerly line of Puget Sound Power and Light Company's transmission right-of-way; Thence North 67°03'41" West 471.66 feet to the easterly line of Primary State Highway No.1; Thence northerly along said highway to the north line of said section; Thence South 89°59'27" East along said north line 316.54 feet to the Point of Beginning. The specific details concerning all of the above legal descriptions are to be found on sheets 6 and 7 of that certain plan entitled SR 405, SR 515 Vic. to S. 6th S1. Vic., now of record and on file in the office of the Washington Secretary of Transportation at Olympia, Washington and bearing a date of approval of May 24, 2007. Situate in the City of Renton, County of King, State of Washington. Page 2 of2 LEGAL DESCRIPTION OF THE MERLINO LAND DEVELOPMENT CO., INC. "801 CEDAR AVENUE SOUTH PROPERTY" That portion of the below-described PARCEL "A" described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+ 17± on the SR 405 line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 512.01 feet easterly therefrom, said point being on the easterly boundary of said PARCEL "A"; Thence westerly to a point opposite HES 368+50.32 on said line survey and 221.15 feet easterly therefrom; Thence northerly to a point opposite HES 369+ 13.54 on said line survey and 220.06 feet easterly therefrom; Thence northerly along a curve to the left having a radius of 2103.46 feet and an arc distance of 563.97 feet to a point opposite HES 374+37.72 on said line survey and 202.34 feet easterly therefrom and the northerly line of said Section 20; Thence easterly along said northerly line to a point opposite HES 374+54.58 and 445.03 feet easterly therefrom, said point being on the westerly line of Cedar Avenue South; Thence southerly along said westerly line to the Point of Beginning. PARCEL "A" That portion of the Henry H. Tobin Donation Land Claim No. 37, in Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying southerly and westerly of the plat of Highland Addition to the Town of Renton and the west line thereof extended south, according to the plat thereof recorded in Volume 17 of Plats, on page 32, in King County, Washington; AND that portion of the northwest quarter of the northwest quarter (Government Lot 1) of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying northerly of Puget Sound Power and Light Company's transmission right-of-way and east of Primary State Highway No. 1 (SR 405), described as follows: . Beginning at the intersection of the north line of said Section 20, with the west line of said plat, which point is North 89°59'27" West 1,386.85 feet from the north quarter corner of said section; Thence South 01 °29'35" West along the west line of said plat and said line produced southerly 973.04 feet to the northerly line of Puget Sound Power and Light Company's transmission right-of-way; Thence North 67°03'41" West 471.66 feet to the easterly line of Primary State Highway No.1; Thence northerly along said highway to the north line of said section; Thence South 89°59'27" East along said north line 316.54 feet to the Point of Beginning. The specific details concerning all of the above legal descriptions are to be found on sheets 6 and 7 of that certain plan entitled SR 405, SR 515 Vic. to S. 6th St. Vic., now of record and on file in the office of the Washington Secretary of Transportation at Olympia, Washington and bearing a date of approval of May 24, 2007. Situate in the City of Renton, County of King, State of Washington. Page 2 of2 .. AFFIDAVIT OF OWNERSHIP OF THE MERLINO LAND DEVELOPMENT CO., INC. "801 CEDAR AVENUE SOUTH PROPERTY" I, Gary M. hereby declare that: (\) I am the president of MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation ("MLDC"), which is the owner of the real property that is legally described on the attached Legal Description sheet; (2) By my notarized signature below, (a) MLDC hereby executes this Affidavit of Ownership as owner of the real property that is legally described on the attached Legal Description sheet; (3) I am authorized to execute this Affidavit of Ownership on behalf of MLDC;and (4) The foregoing statements and answers contained in the accompanying completed City of Renton Land Use Permit Master Application for the proposed Merlino Short Plat in all respects are true and correct to the best of my knowledge and belief. STATE OF WASHINGTON) ) ss, COUNTY OF KING ) MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation By: -::---:-:c-::-:--:-:---:::--:-;----- Gary M, Merlino, President I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person who appeared before me and acknowledged that he signed the above-stated instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the President of MERLINO LAND DEVELOPMENT CO., INC., a Washington corporation, to be the free and voluntary act of that corporation for the uses and purposes mentioned in the instrument Dated this _____ day of March,2014, (sign name of notary) (print or type name of notary) NOTARY PUBLIC in and for the State of Washington, residing at ______ _ Y:\c1\2497\014\Application\Affidavit or Ownership (DLH )·18-2014) doc My Commission expires: ______ _ Page 1 of2 '.' );,.:;:,~il&~il;~;l'r'~,,~.\i!ri·. i~!) LIMITED ACCESS .1···· Ii Jot. SSH"H,,'; ;~H'to Jet. PSH Ho. 2 in Renton, ,., /c.:.'i.: -{·.';i. ;.' ;" . PR1~ENT11/'Thllt;,'thl.'Qr41ltor, PUOET SOUIill, POWER & LI111T COMPANY, a co, . Bum otTEN' ';'ci'NO/100 (~10.00)dollarB, and eo",orBtion, ror and in oon.id6~.tiOn' ' .,\ ii:.-. "';"'; " other valuable consideration's, ~~ebY" con:n1s' :pnd 'warrants to the State of Wa~hingtonJ the " ".,;,-'i;: ' , following doseribed real e.tate'Situatad in'King CountYi,in the state or Weshlngtonl , ',: ,.' i:(~: ,.' "',..' . . A strip of 1~nd rhO rBet in width, ,being 140 feet wide on tho OBBt side !ll1d 100 feet Wide on the wast side of the eentar l1ne,'of,'PrlmarySt.te HighwlI3' No.1, Jet. SSH No, '5-11 to Jot. PSH No.2 1n Renton, as eurve1ed.over &rd--across the-following described Percel nAil, EXCRPT that from H1ghwq Engineer's" Station 21$+00 northerly, to Highway Engineer's Shtion 229+24.4 _sid, strip shall be 3))feat"ili:iiidih'belng'lBO feet wid. on the east Bid. and ISO ' , reet wide on the WORt Bide of .oid .ontar lino, AND EXCEPT th.t from HighwRY Engine".'. Station 229+21..4 northorll to the north '!tno of .aid Parool "A" said strip shall be. 7Jl feot in width belng 1)) foet wide on th" ea..t side IIllIi 100 feet wide on the west side "f seid center line,· PARCEL itA", That portion of Govern~el1t i.~t'·l in' Section 20, Township 23 nort.h, Range 5 eoot, W.M., described -as tolloW's. Beginning at a point on the east line of tlvl J. F. Benson County Roed which is south 2;'44' 34" east 9)1.,]1 feet ' trom the northwest comer of··said Governnent Lot 1; thflnce south 0°)8 1 west ,'224.41 feetl thence Bruth 6B'",' w· •• t 9B.3; feet to the e.stel'ly line of said road; thence northerly along said road 247.70 feet to thE': point of bog! nnillS I ALSO, That portion of said Government Lot 1 described as follows: Beginning at B pOint 10.31 chains east end 21 chains north of the southwest comer of said Qovermll.ent Lot 1; thence north 2i. chains; thence west L chRins; thence- south 2i ch.insl thence e.et 4 chains to the point of beginning; ALSO, That part of said Government Lot 1 described ae followsl Be~!nnir.g at the northwest corner or ,said Government Lot 1; thence south OOLB' ea:;t 1327.40 reet) theme north 88° east L16.46 tectJ thenoe north O·2~t west ))) feet to 'the true point of beginning) thenae north B8' east 264 feet; thence north 0'2B' west 16; feet; tlvlnae south 86' west 264 feetl th,nce south 0'2B' e.st 165 feet to tlvl true point of beginning I ALSO, That p""t of said Government Lot 1 d.scrlbed .5 follows I Be clnnhg Ai. the-northwest corner of said Governm~nt Lot 1; thenc~ eouth ~~oLl:'3!.t" east 934.11 feet to the easterly line of the J. F. eenson County ROlla; thence south 0·)8' weet 22L.L1 feet to the true point of heglnnlngJ Uwncr: BOllth 0°)8 1 west 145.20 feet; thence south B~·55' west 157.24 feet to th(~ easterly line of said roadl thence northerly along said road l~~J.5'L fef't.i trem e north 86 111 S5' eest 96.), feet to the true point of beginning,; AlSO, That portion ot said GovArnment Lot 1 described as rollol-1S: Ee;inning at 8 point 10.31 chains eest and 7t chains north of the southwest corner of said Governlllent Lot 1; thonce west It chains 1 thenc.e north 2, chains; .. thence east 4 chains) thence south 21 chains .to the point of beginninSl EXCEPT County Roadl ALSO, the a •• t ;2B' feet of said Qovernmont Lot 1. ALSO, that portion of said Government Lot 1 described fIR follol"lfn Be~~l n'" ning at th.~ northwest corner of satd GovBl'nTOOnt Lot 1; thenc~ I:'ast uuS feetl thence south' 260 feetl thence north B9·1.;' east 2)2.L6 fRet; theile' south 1,00 feotlthence WAot 680.46 feetl thence north 660 feet to the point of beginningl EXCEPT County Ro.dl sitUAted In tho City of Rellu'n; ALSO, Lots 1 aM 2 in Block 7 of Renton, ae pel' plat rc-(:ol'dE'lu in lJol!.,~ 1 at Plats on page 1.3.5, r~o()rde of snid County; AND AL..~, all that porMon of the tollowi.ng descl'ibed Pflrccl liB" lying within 1\ fltrip or land 15'0 feet 1n width betng 15 feet wide (10 cach sidp. of the center line ot eaid Pri""ry State Hl.ghw~EEIVED APR 2 9 20\4 CITY OF RENTON PLANNING DIVISION t' .," t" • , . " , PARCEL "B"' Lot 1, EXCEPT that porUon lying aouth Of a Une draw from the louthwoet corner tb~~eot,to a point on tbe east line at said Lot 69.2 feet nortL at the loutheas~ corner thereof, and that portion at Lot 3, ,Block 3, Tow Of Rentan, and at Tract 44, Plat Ko. 1,' Renton Cooperative Coal Company's Acre Tracts, lyles north ot a line descrlbed 'ne tollovu. Beslnnlns at a polnt on the vest line at eald Lot 3, 2S.~ teat north at the southwast coruer therGotl thence north 89 609' east 80.96 teetl thnnce south 88045' east 47.91 teet I thance north 35 0 33' aaat 37.90 feat to a polnt on the eaat line at aald,Tract 44 which la 40 tept east and ?7 teat north at the southeast corner of aald BloCk 31 situate In the City at Renton In said CoUnty. ALSO, That portion at the R. H. Tobin Donation Claim, lying south of the aouth llna of the Chlcags, Milwaukee. St. Paul and Pacific Railroad CompBD1 rlsht of way. east of the line of the plat of the Town ot RentoD, as per plat reoorded In Volume 1 at Plats, page 135, and north of Plat No.1. Renton Cooperative Coal Company's Acre Tracts. a8 per plat recorded In Volume 9 of Plats, page 20, records of King County, EXCEPT that p~rtlon conveyed to Richard K. Clarke by deed dated June .30, 1931, 'f11ed July 22, 1931. under Auditor's File No. 2682322, and recorded In Volume 1498 ot Deeds, page 6)4, records of said Coun ty. Subject to that certain Road Easement granted by Fuget Sound Power & Light Comp.ny to Gladdles. McBean & Company under date Of August 20, 1934 and to that certain Road Easement granted by Fuget Sound Pover & Light Company to John V. Tusa and John W. Myers under date at January 31, 1950. The lands being conveyed herein , contain an area of 8.4 acres. more or less, the specific details concerning all of which are to be tound within thRt certain map of definite location nov at record and on flle,ln the oftlce of the Director of HighwaYS at Olympia. ,and bearing date of approval September 10,1957. revised October 8. 1957, and the center line of which is also shown of record In Book 1 of Highway Plats, pages 74 and '75, recoris of said county. ALSO. the Grantors herein convey and warrant to the State Of Washington all rights of Ingress and egress (including all existing, future or potential easements of access, light. view and air) to, from and between Primary State HighwaY No.1. Jct. SSH No. 5-M to Jct. PSH No. 2 In Renton, and the remainder of said Parcels "A" and "B". It Is expressly Intended that these covenants, burdens and restrictions shall run with the land and shall forever bind the Grantors. their heirs. successors or assigns. . It is understood that the rlgbt of way hereby conveyed to the Grantee Is now crossed by electric transmission and/or distribution lines of the Grantor at or near HighwaY Engineer's Station 256100, and by a major transmission line corridor extending from HighwaY Engineer's Station 220100 to Station 232100, upon which several transmission and/or dl.trlb~tlon lines have been constructed and others are proposed to be con- structed In the future for use by Grantor In Its electric public utility business. If the Grantor. Its successors or assigns, shall at any time be denied a franchise or right to maintain and operate said existing or future trensmlsslon and/or distri- bution lines across said highwaY, and If the Grantor on account thereot Is compelled to remove any thereof from said hIghwaY, or denied the right to construct such future lines across said hlghwoy within said corridor, then, In that event, the Grantee by the acceptance of this conveyance agrees to Indemnity the Grantor, Its successors or assigns, In the amount which shall be reasonably expended by Grantor In re- locating any such lines that It may be required to remove from said highwaY. STATE OF WASHINGTON) • Count,. of King ) \ \ ',j.) tonderod end t .. State of ........ ' ... ~or the State of PUGET. SOUND PCMER & LIGHT COMPANY .Bz;·· •. ··~~ ~I~: .ffi(.' ... ~,;~ . " . " .',. ecre ary On this If. ~de;y 'orll'p;(!/4 1'1J1!. berore me personei11 appeared C. PAT~ICK .JOHNSt'N and RALPH M. DAVIS, to .~; known to btl .tho Vice President and Secretar,-or tie corporo- tion that executed the foregoi"ng l'npt.~ntJ and' acknowledged said instnuTent to be the free and voluntary act am deed or Ba~d corporation, for the .uses and purposes therein mentloned, end on oath st.ated that they are authorized to execute said inst!'1:ment end that the seal affixed .is the cOll'orate ••• 1 or said cOll'orat1on., Given undor IV hand and official. sesl the d83 .. ' ,--~ •.... . c· r- . 0 '~~,~·'t~~' g N o • • .\ .. . . fIL£D fOR RECO~D AT R[QU(SrOr 'l'RANSAMERICA TITU INSURANCE C()I,!PANY /' 10635 N. K 81h STIlE!.l' AGREEMENT .flFII· :!'1.< t)l"~,HI\'(::T "'~1 . Common Easement for Ingress, Egress and Utl1it-ies Cbme now TRANSAMEiuCA TITLE INSIJRANCE COMPANY,· A California c·orporati6n, as Trustee, which acquire(j title as TRANSAMERICA TITLE INSURANCE COMPANY OF WASHINGTON, a oorporation .with full power of sale and conveyance, as to Parcel A; ·TRANSAMERICA TITLE INSURANCE, A California corporation, 8S to'Parcel B (If Transamerica") , and GENE 0. FARRELL and NANCY LEE FARRELL ("Farrell") and .enter into this Easement Agree'rtJent as follows: . 1.-Fari"ell hereby grant"s and conveys an e~sement to Transamerica for the purposes of a common easement for ingress, egress and utilities over the iand described 011 Exhibit "A" attached. 2. Transamerica hereby grants and conveys' an easement to Farrell for the PUl"POS8S, of a common easement for ingr:ess', egres's and utilities over the land described on Exhibit "B" attach~d. 3. These easements are hereby joined as a common easement for the use of both parties, their successors and assigns. 11. Furrell has constructed a driveway on portions of the common easement and agrees to reasonably maintain said easement in substantially its pres'eot configuration and condition to permit passage of vehicles and pedestrians. 5. Either party may construct additional driveway impro'f':ments on the common easement. 6. Fa.rrell agrees to hold 'Tl'arisamerica harmless from any and all cla~ms or liabilities arising out of the use of the easement by any persons. Dated this 'I_,~ day of .Nancy Le,e;Farrell ,Tl':"InRflmerjca By II , '_'---'-. oC· '~.'~_~,L~Ic.:..'-,,'._,-,-, ""-,.-,'=--'"~~_ --"'----.,--": --. , . ..... . 1 • , :~ • 11J .. ' .! " " ':, ,..... o g N ·0 0" r-- .' , •... ~~}' ~r .. ,", .:' . '.: /' EXJI.tDI'l' 111\" All 'CiJSCment over that pOl'tioll of vacated 7th Street arid a l'Ol."tion of the II. 'H'" Tobin Donat.ioli Land Claim Nu~bcr 37 described as .follows: Deginning at the Sf: co'rner of Lot 15. Plat No. 1 of kenton Co-operative Coal Company's I\cre Tracts as recorded in Volume 9, pa~Je 29, Book of P luts, records of King County, Washington; thence S 00°09'00" E on the East line of Stl.id Lot 15 produced a distance of 20.00 feet to the true .point of beginning;. thence continuing S 0'0°09'00" E. 10.00 fecli thence S 88 22'00" W parallel with the South line of said Lot 15, a distance of 135.00 feet; tllence N 00°09'00" W a distance of 10.00 feet; thencc.N 88°22'00" E, it distance of 135.00 feet to tile true point of beginning . Situated in SW 1/4 of 17-23-5 and Nl'I l/'i of Section 20-23-5. ... .:~ .. -~ ..... ".\, '"r17 , •. '/ ..... " .' .. I ".·:10 1 • • Y. " .. J" • ••• .. . ,; ...• EXHIBIT liB" An eCl!)0.lllent over that portIon of vacntl::c1 7th Street ilnd u portion of the II. H. Tobin Donation" Land Claim Number 37 described-as follows: Beginning at the'SE corner of Lot 15, Plat 'No.1 of "Renton co-operative Coal Company's J\cre Tracts as recorded in Volume 9, 'page 29, Baok'of Plats, records of King County, Nashingtcn: thence S 00°09'00" E on tile Etlst line of soid Lot ]5 prorl\,\cecl i.1 distance at 30.00 -feet to the true iloint of bcginlling; thence continuing S OOOOg'OO" E, 45.06 feet: "thencl!'! S 88°22' 00'" \'l parallel with the So'uth line of said Lot ],5, ;\ aistallce of 145.00 feet; thence N 00°09'00" W a distance of 45.00 feet; thence N" 88°22'00" E, a distance of 145.00 feet, to the true point:: of beginning. situated in SI'I' 1/4 of 17-23-5 <:H\d NW 1/4 Section 20-23-5 . "1", -", . , , 10 • • ;" . ''', , , , , /to', l " ..... .... STATE Of' WASHINGTON' ) '.) 5., COUN1'Y OF KINO ) :. , , /' " On thls.'17 day of October, 1979, before me personally. appeared OENE--O:-FARRELL and NANCY LEE FARRELL, to ine known to be'the individuals described in and who 'executed the within and foregoing'instrument, and ackhowledged to me that they .signed the same as their free and voluriltary act and deed, for the uSes arid purposes "therein mentioned. ' GIven under my hand and offIcial seal the day and year In thIs certificate first above written. ,1'1/" i ':' " , v' /I K. ~ r~A"'d'HJflo-i·--Z.:·· . Notary Publlt 1fi and for -the],tate of ~!ashln€'ton residing at ? 2/' ___ 1-3.1._ ", .. / (;'1 S l'/f ilL l' L';A/ -t / STA'rE O~' WA SHINGTON ss, COUNTY OF KING o this: l day of OJtoher J 1979 J before me personally appeared :.\.·~ .. /'.:.:9 'n ~ ... \. ,..... ....... \ ~ , to me known to be. . the (\.", i" .. ,;\_\:. " of ~RANSAMERICA TITLE INSURANCE COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free t'lnd vcilumtary act and deed ·of sCdd corporat,lon) for, -the uses and purpo~es thert:ln ment1oned, ·and on oath stated that .. ,~was authortzed to execute the said instrument and that the ·seal attached is ·the corporate seal of said ~oI'po·ratlon. Given under .my hand and official seal the day and year .1n, this 'certificate .first above ·written. Notary Pub 11,C/l~ and or, _ ~ St-~tjt"f Washington J residing at ::x (.i.·.{ ,'. I·'··r .. : I :. . , / .. :",.- .. . .. ID ~ ·,1 ., .. . Z?, .. 11 '?:'> <l:: -.:,.: .... -. C) '-! "" '-~.: w "' ." I~ o o ".;".' ... ~:';;,:;.'.'-:-~~: .. -i..:i .•• __ j ... _.,. ' '. . --,' . ;,._.:~."_'_.-.. ~.~-':':,",~,~~~;:wl~" :~<'''':~'~'''''''''.l~.,;",.; / c: ,.,", \",l . ....).- .. J 7:.\ \~..;, ;; ': ~,) .:~ :~ .:0' .. I~? • PREAPPLICATION MEETING FOR MERLINO-SHORT PLAT PRE 13-001168 CITY OF RENTON Department of Community &.Economic Development Planning Division September 19, 2013 Contact Information: Planner: Rocale Timmons, 425.430.7219 Public Works Plan Reviewer: Jan lilian, 425.430.7216 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 applicatipn 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). RECE'IVED APR 2 9 ZO~4 CITY OF RENTON PLANNING DIVISION • FIRE & EMERGENCY SERVICES DEPA_RT_M_E_N_T..._---"".,.".l"I rj(~~~~"1~'''C)'\ rrji ~ ..u:<~:'''''''Uil !'!;~d.!L! ~ M E M 0 RAN DUM DATE: September 19, 2013 TO: FROM: Rocale Timmons, Senior Planner Corey Thomas, Plans Review Inspector Merlino Short Plat PRE13-001168 SUBJECT: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed bUildings and two hydrants if the fire flow goes up to 1,500 gpm. Existing 4-inch water main cannot orol/ids minim"rt) fire flow requirements and shall be replaced and new hydrants added to meet current code, including 5-inch storz fittings. 2. The fire impact fees are applicable at the rate of $479.28 persingle family unit. This fee is paid at time of building permit. 3. Fire department apparatus access,roadways are required to be minimum 20-feet wide fully paved, with 2S-feet inside and 45-feet outside turning radius. Fire acces~ roadways shall be constructed to support a 3'0- ton vehicle with 322-psi point loading. Access is required within 1SO-feet of all points onthe buildings. Dead end streets that exceed lSD-feet in length require an approved turnaround. An approved 90-fol;>t minimum cul- de-sac turnaround is required when the roadway exceed 300-feet long. • • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M 0 RAN DUM September 18,2013 Rocale Timmons, Planner Jan lilian, Plan Review g£ Merlino Plat 700 Block of Cedar Ave South PRE13-001168 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. I have completed a preliminary review for the above-referenced proposal. The follOWing comments are based on the pre-application submittal made to the City of Renton by the applicant. 1. Water service is provided by the City of Renton. There is an existing 4-inch water main in Cedar Ave. Available fire flow is less than 1,000 gpm. Applicant will be required to tie into an existing 12-inch main located just north of the NW property corner in Cedar Ave and extend the 8-inch water main in ·Cedar Ave to the south and tie into the 8-inch main at the end of Cedar. This will provide 2,000 gpm: New hydrants will be installed with the 8-inch main. 2.. System development fee for water is based on the size of the new domestic water meter(s) that will serve each new lot. Fee for %-inch or i-inch water meter install is $2.,523.00. 3. Fee for a %-inch or 1-inch water meter installed by the City is $2.,870.00. 4. New hydrants shall be installed per Renton's fire department standards to provide the required coverage of all lots. Sanitarv Sewer 1. Sewer service is provided by the City of Renton. There is an 8-inch sewer main in Cedar Ave South. Merlino Plat PRE13-000116. Page 2 of 3 . September 18, 2013 • 2. System Development fee for sewer is based on the size of the new domestic water(s) that will serve each new lot. Sewer fee for a %-inch water or 1-inch meter install is $1,812.00. Storm Drainage 1. There appears to be a drainage conveyance system .in Cedar Ave South. 2. A drainage plan and drainage report will be required with the site plan application. The report shall comply with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and any special requirements shall be contained in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. The drainage report will need to follow the area specific flow control requirements under Core Requirement #3. 3. 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. 4. Surface Water System Development fee is $1,120 per· new lot.· This is payable prior to issuance of the construction permit. 5. A Construction Stormwater Permit from the Department of Ecology is required if clearing and grading ofthe site exceeds one acre. . Transportation/Street 1. Existing right-of-way width in Cedar Ave fronting the site is 40 feet. Existing width of pavement is approximately 22 feet. Cedar Ave is classified as residential access street. To meet the City's complete street standards, street improvements including a pavement width of 26 feet, curb and gutter, an B-foot planting strip, a S-foot sidewalk, storm drainage, and street lighting will be required to be constructed in the right-of-way fronting the site per City code 4-6-060. To build this street section, approximately 6 feet of right-of-way will be required to be dedicated to the City along the project side in Cedar. No street parking would be allowed along the west side of Cedar Ave. 2. The current transportation impact fee rate is $717.75 per single family house. The impact fee for this type of land use will increase on January 1, 2014, to $1,430.72 per single family house. The transportation impact fee that is current at the time of building permit application will be levied. Paymentofthe transportation impact fee is due at the time of issuance of the building permit. 3 Street lighting will be required along Cedar Ave South to meet city standards. 4. The maximum width of single loaded garage driveway shall not exceed nine feet (9') and double- loaded garage driveway shall not exceed sixteen feet (16'). General Comments H:\CED\Plannlng\Current Plannlng\PREAPPS\13-001168.Rocaie\Pian Review Comments PRE13-001l68.doc Merlino PlatPRE13-0001168. Page30f3 September 18, 2013 • 1; All construction 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. Separate permit and fees will be required for the water meter installation, side sewer connection, and storm water connection. . 3. Water service, sewer stub, and a drainage flow control BMP are required to be provided to each new lot prior to recording ofthe plat. H:\CED\Planning\Current Planning\PREAPPS\13-001168.Rocale\Plan Review Comments PREl3-{)01168.doc • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • MEMORANDUM DATE: September 19, 2013 TO: Pre-Application File No. 13-001168 FROM: Rocale Timmons, Senior Planner SUBJECT: Merlino Preliminary Plat (700-800 Block of Cedar Ave S) General: We have completed a preliniinary 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 is a collection of two parcels located between Cedar Ave S and l~terstate-405 just south of S 7" St. The applicant is proposing an 810t subdivision (with a combined tract for critical areas and drainage) of the 6.91-acre site located within the R-8 zoning classification. The proposed lots are intended for the eventual development of detached single- family via private driveways from a new extension of Cedar Ave S. and critical slopes, wetlands, coal mine Current Use: The site is currently vacant. Zoning/Density Reql!irements: The subject property is located within the R-8 zoning classification. The density range allowed in the R-S zone is a minimum of 4.0 to a maximum of S.O dwelling units per acre (du/ac). The area of public and private streets and critical areas would be deducted from the gross site area to determine the "net" site area prior to calculating density. The applicant did not provide square footage information of critical areas on site or right-of-way to be dedicated; therefore staff was unable to calculate the net density for the proposa I. The applicant would be required, at the time of formal land use application, to provide net density calculations falling within the aI/awed range of the R-8 zoning classification. 1:\rtimmons\preapps\13-001168 (r-8 stream, wetland slopes, coal mines merllno).doc ----_._---------------------------------- Merlino Preliminary Pia. Page 2 of 4 September 19, 2013 • Development Standards: The project would be subject to RMC 4-2-110A, "Development Standards for Single Family Zoning Designations" effective at the time of complete application (noted as "R-8 standards" herein). Minimum lot Size, Width and Depth -The minimum lot size permitted in the R-8 is 4,500 square feet for parcels greater than 1 acre in size and '5,000 square feet for. lots 1 acre or less in size. The total lot area of the subject site is more than 1 acre; there/ore a minimum lot size of 4,500 square feet is applicable to the proposed project. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. The proposal appears to comply with the lot size, width and depth requirements oithe zone. Building Standards -R-B zone allows a maximum building coverage of 35% of the lot area 01 . 2,500 square feet, whichever is greater for lots over 5,000 square feet in Size and a maximum impervious surface 75%. Building height is restricted to 30 feet from existing grade.' Detached accessorY structures must remain below a height of 15 feet. The gross floor area must be less than that of the primary structure. Accessory structures are also included in building lot coverage calculations. The proposal's compliance with the building standards would be verified at the time of building permit review for the new residences to be located on all lots. Building Design Standards -All single family residences would be subject to the Residential Design Standards outlined in RMC 4-2~115. The proposal's compliance with the residential design standards would be verified at the time of building permit review for the new residences to be located on all lots. Please take not of the following standards One ofthe following is required: . • Lot width variation of 10 feet (10') minimum of one per four (4) abutting street-fronting lots, or • Minimum of four (4) lot sizes (minimum of four hundred (400) gross.square feet size difference) for at least every four (4) abutting street fronting lots, or • A front yard setback variation of at least five feet (5') minimum for at least every four (4) abutting street fronting lots. Setbacks,:, Setbacks are the minimum required distance between the building footprint and the property line and any.private access easement. The required setbacks in the R-8 zone are 15 feet in front for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear,S feet on interior side yards, and 15 feet on side yards along streets (including access easements) for the primary structure and 20 feet on side yards along streets (including access easements) for the attached garage. The setbacks for the new residences would be reviewed at the time of building permit. Access/Parking: Access to site is proposed via private driveways extended from Cedar Ave S. Alley: Alley access is the preferred access pattern in the R-8 zoning classification. However, the applicant has proposed lot sizes ranging from 7,475 square feet to 10,511 square feet which more resemble lot sizes in the R-4 zoning classification therefore the applicant would not be required to provide alley access to proposed lots. Driveways: The maximum driveway slopes cannot exceed 15%, provided that driveways exceeding 8% are to provide slotted drains at the lower end of the driveway. If the grade exceeds 15%, a variance is required. i:\rtimmons\pr~apps\13...Q01168 (r-8 stream, wetland slopes, coal mines merlino).doc , . Merlino PrelimInary PI. Page 3 of 4 September 19, 2013 • Landscaping -Except for critical areas, all portions of the development area not covered by structures, required parking, access, circulation Dr service areas, must be landscaped with native, drought-resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. The minimum on-site landscape width required along street frontages is 10 feet. Please refer to landscape regulations (RMC 4-4-070) for further general and specific landscape requirements (enclosed). Significant Tree Retention: If significant trees (greater than 6-inch caliper) are proposed to be removed 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 30 percent of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. If the trees cannot be retained, they may be replaced with minimum 2. inch caliper trees at a ratio of six to Orle. Critical Areas: The project site appears to contain critical slopes, stream, .wetlands, and coal mine hazards. Additionally, the site located within an Erosion Hazard Area. The applicant provided Geotechnical design calculations for the site which were prepared for the recent 1-405 construction project .. The applicant would be required to provide a Geotechnical Report with the formal land use application addressing the following: • The proposal will not" increase the threat of the geological hazards to adjacent or abutting properties beyond pre-development conditions; • The proposal will not adversely impact other critical areas; and • The development can be safely accommodated on the site. Independent secondary review will be required. Additionally. development is prohibited on protected slopes. Exceptions to the prohibition may be qranted pursuant to a Critical Areas Variance. The applicant will also be required to prollide a stream/wetland" reconnaissance and delineation. In addition, if impacts are proposed to the stream, wetland or their buffers the applicant would need to provide a conceptual mitigation plan. The City's approved consultant list is enclosed in the information packet. tt is the applicant's responsibility to ascertain whether additional critical areas are present on the site. If so, the praposal would need to be revised accordingly. Environmental Review: Environmental (SEPA) Review is required for projects greater than nine lots or greater, or on sites that contain critical areas. Therefore SEPA would be required for the proposed subdivision. Permit Requirements: The proposed subdivision would require a Preliminary Short Plat Approval as a Hillside Subdivision, Environmental (SEPA) Review and a Critical Areas Variance if construction is proposed in the critical slopes on site. All land use permits would be processed within an estimated time frame of 6-8 weeks. The Preliminary Short Plat Review application fee is $1,400. The application fee for SEPA Review (Environmental Checklist) is $1,000. The fee for the Critical Area Variance is $1,2.00. A 3% technology fee would also be assessed at the time of land use 1:\rtlmmons\preapps\13-001168 (r-8 stream, wetland slopes, coal mines merlino).doc Merlino Preliminary Plat. Page 4 of4 September 19, 2013 • application. Detailed information regarding the land use application submittal is provided in the attached handouts. Fees: In 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 of $479.28 per new single family residence; and • A Transportation Mitigation Fee based on $717.75 per new single family residence; and • A Parks Mitigation Fee based on $530.76 per new single family residence; and • A School District Impact Fee based on $6,395 per new single family residence. Fees will increase January 1, 2014. A handout listing all of the City's Development related fees is attached for your review. Expiration: The preliminary short plat approval is valid for two years with a possible one-year extension. 1:\rtimmons\preapps\13-001l68 (r-8 stream, wetland slopes, coal mines merlino).doc . ' AFTER RECORDING RETURN TO: ATTN: REAL ESTATE SERVICES DEPARTMENT OF TRANSPORTATION P.O. BOX 47338 OLYMPIA, W A 98504-7338 Document Title: Quitclaim Deed Reference Number of Related Document: N/A Grantor(s): State of Washington Grantee(s): 1-405 Corridor Design Builders .. E2503540 08/02/2011 09:57 KING COUNTY, LIA SATLAEX $10.00 $0.00 PAGE-0el OF 001 Legal Description: Ptn NW Y. ofNW Y. Sec 20, Twp 23 N, Rng 5 East, W.M. King County Additional Legal Description is on Pages I, 2 and 3 of document Assessor's Tax Parcel Numbers: 2023059085 and 0007200194 QUITCLAIM DEED SR 405, SR 515 Vic. to S. 6th St. Vic. The STATE OF WASHINGTON acting by and through its DEPARTMENT OF TRANSPORTATION, Grantor, for and in consideration of the terms and conditions of the AGREEMENT TO EXCHANGE SURPLUS PROPERTY FOR CONSTRUCTION OF IMPROVEMENTS dated April 6, 2009, hereby conveys and quitclaims unto 1-405 CORRIDOR DESIGN BUILDERS, a joint venture between CH2M HILL CONSTRUCTORS, INC. a Delaware corporation, and GARY MERLINO CONSTRUCTION CO. INC, a Washington corporation, Grantee, all its right, title, and interest in and to the following described real property (the "Premises") situated in King County, State of Washington: RES 411 That portion of the below-described PARCEL" A" described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+ 17± on the SR 405 line survey of SR 405, SR SIS Vic. to S. 6th St Vic. and 512.01 feet easterly therefrom, said point being on the easterly boundary of said PARCEL "A"; thence westerly to a point opposite HES 368+50.32 on said line survey and 22 LIS feet easterly therefrom; thence northerly to a point opposite HES 369+ 13.54 on said line survey and 220.06 feet easterly therefrom; thence northerly along a curve to Page I of6 ~ages IC#I-17-08170 Revised 6/1512011 • the left having a radius of2103.46 feet and an arc distance of 563.97 feet to a point opposite HES 374+37.72 on said line survey and 202.34 feet easterly therefrom and the northerly line of said Section 20; thence easterly along said northerly line to a point opposite HES 374+54.58 and 445.03 feet easterly therefrom, said point being on the westerly line of Cedar Avenue South; thence southerly along said westerly line to the Point of Beginning. PARCEL "A" That portion of the Henry H. Tobin Donation Land Claim No. 37, Township 23 North, Range 5 East, W.M. lying southerly and westerly of the plat of Highland Addition to the Town of Renton, according to the plat thereof recorded in Volume 17 of Plats, page 32, in King County, Washington; AND that portion of the northwest quarter of the northwest quarter (Government Lot I) of Section 20, Township 23 North, Range 5 East, W.M., in King County, Washington, lying northerly of Puget Sound Power and Light Company's transmission right-of-way and east of Primary State Highway No. I, described as follows: Beginning at the intersection of the north line of said Section 20, with the west line of said plat, which point is North 89°59'27" West 1,386.85 feet from the north quarter comer of said section; thence South 01 "29'35" West along the west line of said plat and said line produced southerly 973.04 feet to the northerly line of Puget Sound Power and Light Company's transmission right-of-way; thence North 67°03'41" West 471.66 feet to the easterly line of Primary State Highway No.1; thence northerly along said highway to the north line of said section; thence South 89°59'27" East along said north line 316.54 feet to the Point of Beginning. EXCEPTING therefrom all rights of ingress and egress (including future or potential easements of access, light, view, and air) to, from, and between SR 405 and the land described herein. RESERVING unto the Grantor, its successors and assigns a perpetual, non-exclusive easement for ingress and egress over, under, and across the southerly 20 feet of said Premises for the maintenance of the Grantor's abutting Stream Mitigation Area (Stream Mitigation Area) as shown on sheet 6 of that certain plan entitled SR 405, SR SIS Vic. to S. 6th SI. Vic. (the "Perpetual Ingress-Egress Easement"), which Stream Mitigation Area is described as follows: RES411 That portion of the above-described PARCEL "A" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+ 17± on the SR 405 line survey of SR 405, SR SIS Vic. to S. 6th Vic. and 512.01 feet easterly therefrom, said point being on the easterly boundary of said PARCEL "A"; thence westerly to a point opposite HES 368+50.32 on said line survey and 221.15 feet easterly therefrom; thence northerly to a point opposite HES 368+68.84 on said line survey and 220.59 feet easterly therefrom; thence Page 2 of 6 Pages IC#I-17-08170 Revised 6115/20 II " easterly to a point opposite HES 369+32.46 on said line survey and 507.64 feet easterly therefrom, said point being on the westerly line of Cedar Avenue South; thence southerly along said westerly line to the Point of Beginning. AND RESERVING unto the Grantor, its successors and assigns a terminable, non- exclusive easement for ingress and egress over, under, and across the following described portion of said Premises for the maintenance of the above-described Stream Mitigation Area (the "Terminable Ingress-Egress Easement"): That portion of the above described PARCEL "A" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 369+80.34 on the SR 405 line survey of SR 405, SR SIS Vic. to S. 6th St. Vic. and 495.18 feet easterly therefrom, said point also being on the easterly line of said PARCEL "A"; thence southwesterly to a point opposite HES 369+ 11.23 on said line survey and 403.37 feet easterly therefrom; thence easterly to a point opposite HES 369+16.21 on said line survey and 427.00 feet easterly therefrom; thence northeasterly to a point opposite HES 369+69.44 on said line survey and 497.88 feet easterly therefrom and the easterly line of said PARCEL "A"; thence northerly along said easterly line to the Point of Beginning. At any time hereafter, Grantee or Grantee's heirs, successors, personal representati ves or assigns may cause to be constructed without the need for further approval from Grantor an access road within the Perpetual Ingress-Egress Easement to provide physical access from Cedar Avenue to the above-described Stream Mitigation Area provided that it meets the following four design criteria (the "Access Road Design Criteria"): (I) Maximum roadway surface grade: 35%; (2) Roadway surfacing material: (a) minimum 3-inch depth of compacted crushed rock or (b) paved surfacing at Grantee's option; (3) Minimum width of roadway surface: 12 feet; and (4) A rock-lined ditch (andlor a storm drain pipe) to be provided along the roadway edge. Thirty (30) days prior to commencing work, Grantee or Grantee's heirs, successors, personal representatives or assigns shall notify Grantor of their upcoming work, including an estimated schedule for the work. Grantor shall have the ability to inspect the work during the construction period. Entry upon the Premises shall be conducted with reasonable notice to the Grantee and during the hours of 8:00 a.m. to 5:00 p.m. Upon completion of such an access road, Grantee or Grantee's heirs, successors, personal representatives, or assigns or an attorney or other agent therefor (any of such persons being RES 411 Page 3 of 6 Pages IC#I-17-0S170 Revised 6/15/201 1 hereinafter referred to as "Grantee's Notifier") shall give written notice thereof to Grantor at Grantor's Olympia, Washington Headquarters office, which notice (the "Access Road Completion Notice") shall (a) state that the access roadway on the Perpetual Ingress-Egress Easement has been completed and (b) request an inspection of the work to meet Grantor's design criteria. When an inspection by Grantor deems the work to be reasonably satisfactory, Grantor shall record a written relinquishment of the Terminable Ingress-Egress Easement within 90 days. AND ALSO RESERVING unto the Grantor, its successor and assigns an easement for the placement and maintenance of soil nails and ingress and egress over, under, and across the following described property: That portion of the above-described PARCEL "A" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 368+50.32 on the SR 405 line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 221.15 feet easterly therefrom; thence easterly to a point opposite HES 368+70.34 on said line survey and 300.57 feet easterly therefrom; thence northerly to a point opposite HES 369+ 14.07 on said line survey and 300.06 feet easterly therefrom; thence northerly along a curve to the left having a radius of 2183.46 feet and arc length of 583.43 feet to a point opposite HES 374+43.27 on said line survey and 282.19 feet easterly therefrom and the northerly line of said Section 20; thence westerly along said northerly line to a point opposite HES 374+37.72 on said line survey and 202.34 feet easterly therefrom; thence southerly along a curve to the right having a radius of2103.46 feet and an arc length of 563.97 feet to a point opposite HES 369+13.54 on said line survey and 220.06 feet easterly therefrom; thence southwesterly to the Point of Beginning. The specific details concerning all of the above legal descriptions are to be found on sheets 6 and 7 of that certain plan entitled SR 405, SR 515 Vic. to S. 6th St. Vic., now of record and on file in the office of the Secretary of Transportation at Olympia and bearing a date of approval of May 24, 2007. Subject to all existing encumbrances, including easements, restrictions, and reservations, ifany. The Grantee as part consideration herein does hereby agree to comply with all civil rights and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK RES 411 Page 4 of 6 Pages IC#I-17-0SI70 Revised 6115120 I I The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions ofRCW 47.12.063. Dated at Olympia, Washington, this cfl!5 day of ~ STATEOFWASHINGTON APPROVED AS TO FORM: B ~ " • • y:CID,(,. It... "Me ~~Lt. Assistant Attorney Gen\ral REVIEWED AS TO FORM: 1·405 Corridor Design Builders g~;~., .. c.. BY:~~~--=--!.....:. ____ _ Name: I'oy A. lIo_ .. ,,~ Title: CD~\;l"................ ..... ......... :1: .. RES 41 1 Revised 6115/201 1 Paula J. Hammond, P.E. Secretary of Transportation Page 5 of 6 Pages ,2011. IC#I·17·08170 STATE OF WASHINGTON ) ): ss County of Thurston ) On this a5-1'.!-day of :1, L \ ~ , 20 II, before me personally appeared Paula J. Hammond, P.E., known to me as the Sec ry of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed ofthe State of Washington, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. Given under my hand and official seal the day and year last above written. RES 411 Revised 6/15120 II Notary (print name) Hi chtJ 1<.. H. Ntwl-to..n Notary Public in and for the State of Washington, residing at Olympia My Appointment Expires S las J Jd Page 6 of 6 Pages IC#I·17·08170 • 0.' . - When recorded. please retum to: Merlino Land Development Co., Inc. Attn: Ariane Justus 5050 1 st Avenue South, Suite 102 Seattle, Washiogton 98134 Document Title: Quitclaim Deed o E2655621 02/28/2014 14:27 KING COUNTY. IJA TAX $18,072.110 SA~E $1,015,000.00 Reference numbers of related documents: N/A Grantor: 1405 LLC, a Washington limited liability company PAGE-001 OF 001 Grantee: Merlino Land Development Co., Inc., a Washington corporation Legal Description (abbreviated): Ptn. Govt. Lt. I, Sect. 20, Twp. 23N, Rng. 5EWM; Ptn. H. H. Tobin DLC No. 37, recorded in King County, Washington; additional legal deSCription on Exhibit 1. attached Assessor's Parcel Nos.: 202305·9085 and 000720·0194 . ~ , .. ,.~-,-.-~---=--." -.,.--. --:y' QUITCLAIM DEED TIlE GRANTOR, 1405 LLC, a Washington limited liability company, ("1405 LLC") for Ten Dollars and other valuable consideration, in hand paid, conveys and quit claims to Merlino Land Development Co., Inc., a Washington corporation, ("MLDC") the real estate legally situated in the County of King, State of Washington described on Exbibit 1 attached hereto and made a part hereof, including all of I 405 LLC's right, title, and interest in and to any and all rights, licenses, privileges, reversions, and easements appurtenant to the Property, and together with any and all improvements that are a part of or attached to the land, and together with after- acquired title. In addition, I 405 LLC hereby specifically conveys and assigns to MLDC, all of I 405 LLC's rights relating to the portions of the above-described property burdened by the "Perpetual Ingress-Egress Easement" and "Terminable Ingress- Egress Easement"-easements reserved by the State of Washington under those titles 203'-'i'7IL F: c:l.1.:~ "\ /'\u..J':,.. A=.t:S QUITCLAIM DEED-Page 1 ""-/76 C:\Usc:n;\kim.azure\AppData\LocaJ\Mierosol\\Wmdows\Temporary Intcmcl Ftlcs\Cont.c.nLOutJook\IGQ6BWFQ\Quite~i2.p. 2014),,,,,,. '-t: IVE D APR n 9 ., 21714 CIT\< .. ' . PI,' "':N"O ViNi "i'V'"' .... I' N '" DIVISION ".11 • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DONALD J. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a Manager of I 405 LLC, a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated this ;)..g-/fJ day of February 2014. NANCYE. DYE STATE OF WASHINGTON NOTAR'Y' PUBLIC' MY COMMISSION EXPIRES 02·25-15 QUITCLAlM DEED--Page 3 ~r.~ (print or type name of notary public) NOTARY PUBLIC in and for the State of Washington, residing at .5~ ",;1. . . ~ My 'Commission expires: 0.2 -Ql. S'-/5 .. ' -~ ..•. ,~~=-~,;~,"-; ~r; C:\Uscnlkim.omn:lAppData\Lc<oJ\MicrcsoI\\WindowsIT<mporary Intcmd Fiic,IConll:nLOuIlookll GQ6BWFQlQuilOlaim [)oed (2·27· 2014).cIoc • Thence northerly along said highway to the north line of said section; Thence South 89°59'27" East along said north line 316.54 feet to the Point of Beginning. The specific details concerning all of the above legal descriptions are to be found on sheets 6 and 7 of that certain plan entitled SR 405, SR 515 Vic. to S. 6th SI. Vic., now of record and on file in the office of the Washington Secretary of Transportation at Olympia, Washington and bearing a date of approval of May 24.2007. Situate in the City of Renton, County of King. State of Washington. #", I. ".J." '--.' --•• -. ~'"'''''-':-~'.''''; . L< • ;-... ---..•. ~~""'--<",... -,..,.' ~."; Page 2 of2 ------------------------------------------------ AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN STATE OF WASHINGTON COUNTY OF KING City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 duly sworn on oath, deposes and says: being first 1. On the :zr , 20 ''I ' I installed _..L-_ public information sign(s) and plastic flyer box on the property located at day of A'P12../L 7(;10 Cep~ A-vs-.vvE 5Du-TH for the following project: Project Name Owner Name 2. have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Information Signs Installation" handout package. ?</&(~ Installer Signature 'l5+~ A' . SUBSCRIBED AND SWORN to before me this _01_ day of eel I .'3. Ve(ble. NOTARY PUBLIC in and for th t residing at \dalld <I\\,i,' e J. J. VERBLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 29. 2016 My commission expires on __ 9.L.,L.}_2_q.L..I-1-'-/.z::k ___ _ N:\2004\04139M\Docs\pubsign.doc -3 - 12/13 RECEIVED APR 2 9 Z014 CITY OF RENTON PLANNING DIVISION RECEIPT EG00022716 BILLING CONTACT Jim Blais Merlino Land Development Co 5050 1ST AVE, 102 SEATTLE, WA 98134 REFERENCE NU MBER FEE NAME • LUA 14-000568 PLAN -Environmental Review PLAN -Short Plat Fee Technology Fee Printed On: 4/2812014 Prepared Bv: Rocale Timmons TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Transaction Date: April 28, 2014 PAYMENT METHOD AMOUNT PAID ~heck #1308 $1,000.00 ~heck #1308 $1,400.00 Fheck #1308 $72.00 SUB TOTAL $2,472.00 TOTAL $2,472.00 RECEIVED APR 2 9 2014 CITY OF RENTON PLANNING DIVISION Page 1 of 1