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HomeMy WebLinkAboutM_Compliance_with_Conditions_of_Approval_180910_v1CONFIRMATION OF COMPLIANCE WITH ALL CONDITIONS OR PLAT APPROVAL Allura at Tiffany Park (aka Reserve at Tiffany Park) Project File Numbers: PR13-007339, LUA13-001572, U16-006368, ECF, PP, CAR HEARING EXAMINER'S FINAL DECISION UPON RECONSIDERATION Dated January 26, 2015 CONDITION RESPONSE  1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated (DNSM), dated September 22, 2014 except as modified below:    a. MDNS Condition 1 shall be revised as follows:    All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated September 28, 2012 or consistent with the recommendations of the final City-approved geotechnical report Condition satisfied. Approved under construction permit U16-006368 on 8/23/17.   b. MDNS Condition 6 shall be stricken and replaced with the following [as modified by the Ruling on Reconsideration]:    The applicant shall revise its landscaping plan to provide for a 10-foot wide on-site street frontage landscape strip as required by RMC 4-4-070(F)(1) for all lots and a 10 foot wide, site obscuring perimeter landscaping adjacent to areas where the retaining walls are four or more feet in height. Landscaping at maturity must exceed the height of the adjacent retaining wall. The final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Economic Development. All walls bordering the perimeter of the site are less than 4 feet in height when not provided a 10-foot wide landscaping buffer. Landscape plans approved under construction permit U16-006368 on 8/23/17.   2. The applicant shall be required to demonstrate compliance with the minimum 50-foot lot width requirement for all lots with less than 50 feet in width at the foremost points (where the side lot lines intersect with the street right-of-way line) pursuant to RMC 4-11-120. The average distance between the side lines connecting front and rear lot lines shall be submitted to the Current Planning Project Manager prior to construction permit approval. Plans revised and approved as part of construction permit U16-006368 on 8/23/17. All lots comply with RMC 4-11-120 and meet the 50-foot lot width requirement.  3. Condition No. 3 has been deleted as directed in the Ruling on Reconsideration. N/A  4. The applicant shall be required to submit a revised plat and landscaping plan, which are elements of the City's required construction plan set, depicting curb bulbouts at street intersections where on-street parking is located or calling for no curb bulbouts and installation of "no parking" designations where street parking is prohibited at street intersections. The revised plat and landscaping plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. The developer has elected to not provide bulbouts at street intersections within the development. "No Parking" signs are called out on the appropriate plan sheets within the Construction Permit Plan Set and approved under U16-006368 on 8/23/17. The revised plat and landscaping drawings were also approved under U16-006368 on 8/23/17.  5. The applicant shall eliminate individual access directly from internal public streets for those lots abutting private streets and/or shared driveway access easements, specifically Lots 12-14, Lots 15-17, Lots 38-40 and Lots 78-81 in shared driveways. Said lots shall be required to take access from the abutting private street and/or access easement and shall not exceed access thresholds pursuant to RMC 4-6-060.J and K. Lot 11 may access the public street directly. The revised plat plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Furthermore, the access restriction for such lots is required to be noted on the face of the Final Plat prior to recording. The lot numbering referenced in this condition reflects the original 97-lot version submitted as Exhibit 2 to the Hearing Examiner. As part of the approval process, the plat was approved for 96 lots and subsequently revised to 94 lots. Due to this revision, the lot numbering has changed. Lots 12 to 14 have been renumbered to Lots 11 to 13 and will take shared access from Tract N. Lots 15 to 17 have been renumbered to Lots 14 to 16 and will take shared access from Tract O. Lots 38 to 40 have been renumbered to Lots 37 to 39 and will take shared access from Tract P. Lots 78 to 81 have been renumbered to Lots 75 to 78 and will take shared access from Tract Q. These changes were approved under U16-006368 on 8/23/17  6. The applicant shall revise the proposed mitigation plan to depict all retaining walls on site, including lock & load walls on the north and east sides of Wetlands B and C. The applicant shall also identify if proposed walls are anticipated to impact critical area buffers and provide appropriate mitigation for such impacts. A Final Mitigation Plan, pursuant to RMC 4-8-120.W, shall be submitted to, and approved by the Current Planning Project Manager prior to construction permit approval. Condition acknowledged. The Mitigation Plans have been revised to address this requirement and approved under construction permit U16-006368 on 8/23/17. Separate wall permits were also approved as part of construction permit review and approval.   6. The applicant shall revise the proposed mitigation plan to depict all retaining walls on site, including lock & load walls on the north and east sides of Wetlands B and C. The applicant shall also identify if proposed walls are anticipated to impact critical area buffers and provide appropriate mitigation for such impacts. A Final Mitigation Plan, pursuant to RMC 4-8-120.W, shall be submitted to, and approved by the Current Planning Project Manager prior to construction permit approval. Condition acknowledged. The Mitigation Plans have been revised to address this requirement and approved under construction permit U16-006368 on 8/23/17. Separate wall permits were also approved as part of construction permit review and approval.  7. The temporary buffer impacts consisting of minor intrusions or disturbance from construction activities shall be restored with appropriate grading, soil amendments, and the planting of native species to the satisfaction of the Current Planning Project Manager. The revised mitigation plan shall be submitted to and approved by, the Current Planning Project Manager prior to construction permit approval. Condition acknowledged. The Mitigation Plans were revised to address this requirement and approved under construction permit U16-006368 on 8/23/17. All restoration will be completed prior to final plat approval.  8. The existing wetland mitigation plan already assures that 1,331 square feet of additional wetland buffer area is being provided to mitigate for both existing buffer impacts to Wetland E that are not associated with the Plat, as well as the loss of 14 square feet of the Wetland E buffer which loss is associated with the extension of SE 18th Street. To provide an additional offset for the impacts resulting from the requested exemption associated with the fill of 14 square feet of buffer to extend SE 18th Street. The applicant has agreed to provide and shall provide enhancement to the Wetland E buffer immediately abutting SE 18th Street, as well as enhanced plantings adjoining that buffer area within Tract M. A revised mitigation plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Condition acknowledged. The Mitigation Plans were revised to address this requirement and approved under construction permit U16-006368 on 8/23/17. All required landscaping will be installed prior to final plat approval.  9. The applicant shall be required to establish a Native Growth Protection Easement over those parts of the site encompassing wetlands and their associated buffers and place fencing and signage along the outer buffer edge prior to Final Plat approval. The Native Growth Protection areas (wetlands and associated buffers) have been preserved in separate critical area tracts with associated fencing and signage installed as approved with landscape plans under construction permit U16-006368 on 8/23/17.  10. The applicant shall be required to submit a fill source statement if fill materials are brought to the site in order to the City to ensure only clean fill is imported prior to construction. Condition acknowledged and approved under construction permit U16-006368 on 8/23/17.  11. The applicant shall provide a final Tree Retention Plan, complying with the 30% tree retention SEPA mitigation measure while demonstrating proposed retaining walls would not impact trees proposed for retention. The Final Tree Retention Plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Condition acknowledged. The proposed site preserves more than 30% of the existing significant trees within designated open space and tree protection tracts. The final tree retention plan and arborist report was approved under construction permit U16-006368 on 8/23/17. An updated arborist report is being provided with this final plat submittal that verifies 30% tree retention has been maintained after final clearing and grading associated with plat construction.   11. The applicant shall provide a final Tree Retention Plan, complying with the 30% tree retention SEPA mitigation measure while demonstrating proposed retaining walls would not impact trees proposed for retention. The Final Tree Retention Plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. Condition acknowledged. The proposed site preserves more than 30% of the existing significant trees within designated open space and tree protection tracts. The final tree retention plan and arborist report was approved under construction permit U16-006368 on 8/23/17. An updated arborist report is being provided with this final plat submittal that verifies 30% tree retention has been maintained after final clearing and grading associated with plat construction.  12. The applicant shall submit a revised plat plan, which is an element of the City's required construction plan set, depicting a safe pedestrian crossing, across the 124th Place SE extension, for the Seattle Waterline Pedestrian Trail. The revised plat plan, as part of the construction plan set, shall be submitted to, and approved by the Current Planning Project Manager, Community Services Department, and the Transportation Department prior to construction permit approval. Condition satisfied and approved under construction permit U16-006368 on 8/23/17.  13. The applicant shall be required to obtain right-of-way or a public access easement through the Cedar River Pipeline, for the extension of 124th Place SE, to the satisfaction of the Plan Reviewer prior to construction permit approval. Condition satisfied. A Roadway Easement and Agreement (Rec. No. 2016020100042) between the City of Renton and Seattle Public Utilities was established prior to the approval of the construction permit U16-006368.  14. Pedestrian lighting shall be depicted on the lighting plan at the entrances of Tracts C and E (from the proposed right-of-way). The lighting plan shall be submitted to, and approved by, the Current Planning Project Manager and the Plan Reviewer prior to construction permit approval. Pedestrian lighting has been provided near the entrances of both tracts and can be found on both the construction and lighting plans approved under construction permit U16-006368 on 8/23/17.  15. The Preliminary Plat plan shall be revised so that no more than 4 lots may gain access via a shared driveway and that at least one such lot shall meet minimum lot width requirements along a street frontage pursuant to RMC 4-7-170.D (a minimum of 80% or the required lot width/40 feet or 35 feet along a street curve). The lot(s) which provides physical frontage along the street shall only be allowed vehicular access from the shared private driveway. In order to provide shared access, Lots 14, 17 and 38 shall be widened to 35 feet and take primary access from the shared driveway. The revised plat plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. As noted above, lot numbering has changed. As such, Lots 14, 17, and 38 have all been renumbered to Lots 13, 16, and 27. These lots have all been widened to 35 feet at the right of way line, as they intersect a curve, and will take access from Tracts N, O, and P respectively. This condition was satisfied and approved under construction permit U16-006368 on 8/23/17.  16. The plat plan shall be revised so that all lots have no less than a 40-foot lot width where side lot lines intersect with the street right of way or for radial lots be a minimum of 35 feet in width. Specifically, proposed Lots 14, 17, and 38 would be required to be widened to 35 feet in order to comply with the condition. The revised plat plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. As noted above, lot numbering has changed. As such, Lots 14, 17, and 38 have all been renumbered to Lots 13, 16, and 27. These lots have all been widened to 35 feet at the right of way line (see Curve table on Sheet 6 of 6 of Final Plat).   16. The plat plan shall be revised so that all lots have no less than a 40-foot lot width where side lot lines intersect with the street right of way or for radial lots be a minimum of 35 feet in width. Specifically, proposed Lots 14, 17, and 38 would be required to be widened to 35 feet in order to comply with the condition. The revised plat plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. As noted above, lot numbering has changed. As such, Lots 14, 17, and 38 have all been renumbered to Lots 13, 16, and 27. These lots have all been widened to 35 feet at the right of way line (see Curve table on Sheet 6 of 6 of Final Plat).  17. The applicant shall submit a revised plat plan depicting the elimination of all pipestem lots (lots which are less than 40 feet in width where the side lot lines intersect with the street right-of-way or for radial lots are less than 35 feet) within the subdivision. Specifically, proposed Lots 12, 14, 15, 17, 38, 40, and 79 would be required to be eliminated or revised to meet minimum frontage width requirements. The applicant may also submit an alternative plat plan which includes a combination of all lots fronting onto a public street meeting minimum lot widths and those portions of the lots now proposed for shared driveway/access easements could be placed in Shared Driveway Tracts with easements placed over them pursuant to RMC 4-6-060, Street Standards. The revised plat plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. As noted above, lot numbering has changed. Lots 12 to 14 have been renumbered to Lots 11 to 13 and will take shared access from Tract N. Lots 15 to 17 have been renumbered to Lots 14 to 16 and will take shared access from Tract O. Lots 38 to 40 have been renumbered to Lots 37 to 39 and will take shared access from Tract P. Lots 78 to 81 have been renumbered to Lots 75 to 78 and will take shared access from Tract Q. Shared access easements are provided over these tracts (see notes 7 thru 10 on Sheet 3 of 6 of final plat).  18. Any proposal to convert the Stormwater vault within Tract A to a Stormwater detention pond be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2. Condition satisfied. A stormwater vault is located within Tract A and was approved under construction permit U16-006368 on 8/23/17.  19. The applicant shall be required to create a homeowners' association and maintenance agreement(s) for the shared utilities, landscape areas and maintenance and responsibilities for all shared improvements of this development. A draft of the document(s) shall be submitted to Current Planning Project Manager for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. A homeowners’ association and maintenance agreement for all shared utilities, landscape areas and maintenance and responsibilities for all shared improvements of this development is provided with this final plat submittal and will be recorded concurrently or prior to the recording of the final plat.  20. The applicant shall submit the results of the Phase I Environmental Site Assessment to the City for review. Appropriate mitigation, if any, shall be completed prior to issuance of building permits. Condition satisfied. The Phase 1 was submitted to the City on May 5, 2017 as part of the construction permit review.  21. All road names shall be approved by the City. Condition satisfied. Road names and addresses provided by the City are detailed in the Lot Address Table on Sheet 3 of 6 of the Final Plat.  22. Easements may be required for the maintenance and operation of utilities as specified by the Department. Condition satisfied. All easements are shown on the Final Plat Map.   23. Sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available or provided with the subdivision development. Condition satisfied. Sewer stubs are shown on the construction plans approved under construction permit U16-006368 on 8/23/17.  24. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line. Condition satisfied. Conduits for cable TV have been provided within the 10-foot Joint Use Utility Easement.  25. Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. All other lot corners shall be marked per the City surveying standards. The subdivider shall install all street name signs necessary in the subdivision. Condition satisfied and reflected on final plat. Street name signs have been installed. Control monuments will be installed to the satisfaction of the City of Renton Surveyor.  26. [This condition added as directed by the Ruling on Reconsideration to address Roof run-off]. Roof run-off that impacts wetlands shall not be allowed mix with polluting surfaces. Category 2 wetlands may not be structurally or hydrologically engineered for runoff quantity or quality control as required by KCSWDM Reference 5. City staff shall require design adjustments as authorized by KCSWDM 1.2 to the extent necessary to prevent adverse impacts to wetland hydrology caused by roof runoff. Roof run-off being directed to the wetlands on-site in order to maintain their hydrology will not be mixed with run-off from pollution generating surfaces. This was reviewed and approved under construction permit U16-006368 on 8/23/17. Individual drainage plans will be further reviewed with future building permits to assure this condition is implemented for roof runoff.   DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES MITIGATION MEASURES: CONDITION RESPONSE  1. All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated September 28, 2012. This condition has revised per the Hearing Examiners Conditions dated January 26th, 2015. Per hearing examiner condition no. 1 it now reads as follows. "All earthwork performed, implemented by the applicant, shall be consistent with the recommendations of the geotechnical report, prepared by Associated Earth Sciences, Inc., dated September 28, 2012 or consistent with the recommendations of the final City-approved geotechnical report." Condition satisfied and approved under construction permit U16-006368.  2. The final drainage report shall include a more detailed downstream analysis. Pursuant to KCSWDM 1.2.2.1, a Level 2 downstream analysis for 1/4 mile from the project site is required. The applicant should note that Level 3 flow control could be required as part of the Level 2 downstream analysis. A revised final drainage report and associated plans, based on the 2009 King County Surface Water Design Manual as amended by the City of Renton, is required to be submitted to the satisfaction of the Plan Reviewer prior to construction permit approval. The applicant shall also be required to comply with, and implement, any recommended mitigation measures included in the revised Drainage Report. Condition satisfied. A Level 2 downstream analysis was included within the revised drainage report submitted and reviewed as part of construction plan approval under permit U16-006368 on 8/23/17.  3. The applicant shall be required to retain 30% of the significant trees on site with exclusions for those trees that are considered dead, diseased, or dangerous, trees located within proposed rights-of-way, and trees located within the critical areas and their associated buffers. The proposed site preserves more than 30% of the existing significant trees within designated open space/tree retention tracts. This condition was addressed as part of the construction plan review and approved under permit U16-006368 on 8/23/17. An updated arborist report is being provided with this final plat submittal that verifies 30% tree retention has been maintained after final clearing and grading associated with plat construction.   4. The applicant shall be required to provide, to the Current Planning Project Manager, tree retention inspection/monitoring reports after initial clearing, final grading, and annually for two years by a qualified professional forester. The inspection/monitoring reports shall identify any retained trees that develop problems due to changing site conditions and prescribe mitigation. The applicant shall also be required to comply with, and implement, any recommended mitigation measures included in the inspection reports. Condition satisfied. The most recent inspection by a qualified professional forester has been provided with the final plat submittal. The report concludes that eight trees died between preliminary plat approval and final grading and have been designated for replacement as provided for on the updated landscaping plan submitted with the final plat. Upon approval of the landscaping plan, the trees will be replaced prior to final plat recording.  5. The applicant shall be required to submit a mitigation plan, prepared by a qualified professional, which will address vermin abatement during project grading and site improvements. The vermin abatement mitigation plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. The applicant shall also be required to comply and implement any recommended mitigation according to an approved plan. A vermin abatement plan was provided to the Current Planning Project Manager and approved as part of the Construction permit U16-006368 on 8/23/17 and implemented prior to and during construction.  6. A minimum 15-foot wide partially sight obscuring landscape buffer along the perimeter of the site shall be provided. The 15-feet would allow for the offset of tree planting, as opposed to a linear tree line, which would create a more natural buffer in keeping with the existing character of the site. Such landscaping or landscape plus fencing shall be, at minimum, 6-feet high at maturity and at least 50% sight-obscuring. Existing mature trees are located within this 15-foot buffer should be maintain and protected during construction unless determined by an Arborist that such tree is dead, diseased, or dangerous. This condition has revised per the Hearing Examiners Conditions dated January 26, 2015. Per hearing examiner condition #1 it now reads as follows: "The applicant shall revise its landscaping plan to provide for a 10-foot wide on-site street frontage landscape strip as required by RMC 4-4-070(F)(1) for all lots and a 10-foot wide, site obscuring perimeter landscaping adjacent to areas where the retaining walls are four or more feet in height. Landscaping at maturity must exceed the height of the adjacent retaining wall. The final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit approval. Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Economic Development." Condition satisfied by the approval of the construction plans under construction permit U16-006368 on 8/23/17. The landscape plan has been subsequently revised and submitted with the final plat that enhances the landscaping substantially throughout the development.   7. The applicant shall install a STOP sign with a stopline in thermoplastic on the southbound approach of Monroe Ave SE to SE 18th St in order to address the sight distance concerns at this intersection prior to Final Plat approval. The final design is subject to final construction permit review prior to construction permit issuance. Condition satisfied. The installation of a stop sign and stopline are shown on the approved engineering plans (U16-006368) and will be installed prior to final plat approval.  8. The applicant shall submit a revised TIA including an analysis of the 124th Place SE and SE 158th St intersection sight distance and recommend appropriate mitigation. The revised TIA shall be submitted to, and approved by, the Plan Reviewer prior to utility construction permits. The applicant shall also be required to comply with, and implement, any recommended mitigation measures included in the revised TIA. Condition satisfied. TIA reviewed and approved under construction permit U16-006368 on 8/23/17.  9. The applicant shall install directional information signage (white letters on green background) at S Puget Drive and 116th Ave SE facing west prior to Final Plat approval. The signs shall read "TIFFANY PARK" with a left arrow and "CASCADE" with a right arrow. The final design is subject to final construction permit review prior to construction permit issuance. Signs have been installed.  10. An additional CROSSROAD (W2-1 symbol) warning sign with a 15MPH advisory speed shall be installed by the applicant on the southwest directional approach to Beacon Way SE, along the north side of SE 16th St (east of Beacon Way SE). The final design is subject to final construction permit review prior to construction permit issuance. The installation of a crossroad warning sign and a 15mph advisory speed sign are shown on the engineering plans and were approved under construction permit U16-006368 on 8/23/17 and installed.  11. The applicant shall provide a marked crosswalk at the intersection of SE 18th St and Lake Youngs Way SE prior to Final Plat approval. The final design is subject to final construction permit review prior to construction permit issuance. A marked crosswalk at the intersection of SE 18th St and Lake Youngs Way SE is shown on the approved engineering plans and has been installed under construction permit U16-006368.