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HomeMy WebLinkAboutLUA79-299 ----' ' _ . 'VICTORIA PARK k3. 4 SECS. 29 & 30, TWP. 23N. R.5E. W.M. ICING COUNTY, WASHINGTON CITY OF RENTON AUGUST 1970 „'.?47c yer•IIP ....0 01 !a \ \...._...._! r .•.a f 1 r : •e 1 s \r„.. ... 34 it." 37 L • ;'ye=1 a 1 • \` .0 it. a ,V%•• d J A• ., �1;,i I^ w 4.e f w • . •' 1•\1 i 0.1 i \ . • .1 ., a'.�' '' ' ' n!3p 1 4 ?J •• u e Legend / ,.r ,. �aa.• ...�,,.! ,a a �09 N r. o Set concrete monumentk. /. . I a; �� %1 40 U h 8 91;1 t� In COS! : t ^D C 34 pp ow . 4 0 if ,) • N+;{ Y_•. _.__ MMI 11d a S R o .I s II a ,a u 7 '+• g Park • Z A* L a S3 / f. e, .II,, 041 t a �. a �e_4 t.• 43 a C Li,,, / ;2"�r a '. •r.,, I'42.....,t '^;a 3 32 g. ,, .� IIL Washington North :'+ .`/! • �? 53 ,' I'••II_-• • stir• . • i L amber l Grid • ''.•• '<'7' /`.` mm vhar�nCt. 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A.-.ua• 1 A• �. • " .a - • !1/1' ;, elfe• •011/• .; �_ 1. •.. „ . �N,/i•f•d'..1/04f..a._yi ELM S9 S•f!/PLIts Sl It .,1. 1Y=—'/:7i18O �`LW.•WdI•i•..i' �r�YleCl� » R�. .•raI' .•Purim' i 4•4•1•1 Shoot 9 o0 9 W.,••••••07;4 '''''''18) 7,/,',k ,•••••• '• ':, it OF I • o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH.98055 osalL ° CHARLES J. DELAURENTI , MAYOR • LAND' USE HEARING EXAMINER L. RICK BEELER . 235-2593 09gTeD SEP.• ���� • March 1, 1979 • Mr. Stan 'Davis Valley Cement Construction, Inc. P.O. Box 838 Auburn, WA 98002 RE: File No. PP-299-79, FP-300-79; Valley Cement Construction, Inc. , Victoria Park Division No. 4. Dear Mr. Davis: As you are aware, the Examiner's Report and Recommendation on the referenced request, dated February 14, 1979, has not been appealed, within the time period established by ordinance. Therefore, this application is being submitted to the City Clerk for transmittal to the City Council for final approval. , • .You will receive notification of final approval upon adoption of a resolution by the City Council. Sincerely, • L. Rick Beeler • Hearing Examiner cc: Planning Department ,,City Clerk • OF' R�� • . . �. u . ; AIM ° • THE CITY OF `RENTON . ' MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055' o .o CHARLES J. DELAURENTI, MAYOR • LAND USE HEARING EXAMINER 9- :.. ro L. RICK BEELER : 235-2593 0,9gTeD SEP'�E7, ' . ' rebruary 21, 1979, ' ' Members; Renton City Council • Renton, Washington • RE: .File No. PP-299-79 & FP-300-79; Valley,Cement Construction, Inc. Victoria Park DiVision No: 4 Preliminary and Final Plat Requests. Dear Council Members: Attached is the Examiner's Report and Recommendation on the referenced preliminary and final plat applications, dated February 14, 1979. E The ' ' appeal. period for the application. expires on February 28, 1979, and the • report: is being forwarded to you .for review by .the Planning &. Development, Committee .following the seven-day period from the date of publication. The complete file will be transmitted to the City Clerk on March 1, 1979, . and will be placed on the Council agenda on March 12, -1979. . ' If,you require additional assistance or information regarding this ' matter, please contact the undersigned. Sincerely,. L: Rick Beeler Hearing Examiner _ cc: Planning Department City Clerk Attachment AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King , being first duly sworn, upon (, oath disposes and states: That on the ,/$'7-/. day of --/-(-(41.e- , 19 7 , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. ");kit-te_l=e I) ( Subscribed and sworn this 'A " day of r 19 --16( . ) 0, Notary Public in and for' the State of Washington, residing at /Renton , /,, Application, Petition or Case: Z/C L7-e c (5' (The minutes contain a tizt o6 the panties o6 necond) ff f, 7' _ME ® RANDU .% . FILES DATE 3-9-78 TO Michael L. Smith, Associate Planner FROM Victoria Park No. 4 Construction Meeting SUBJECT Attendance: Don Monaghan, City of Renton (Engineering) Ron Olsen, City of Renton (Utilities) Jack Chapman, City of Renton (Water) Paul Lumbert, City of Renton (Traffic Engineering) Bill McKay, Teleprompter Larry C. Ward, Valley Cement Stan Davis, Valley Cement Steve Summersett, Harstad Associates Dave Smith, Pacific Northwest Bell Telephone Michael Smith. Planning Department Robert W. Puhich, City of Renton (Water) The above-mentioned people met today to discuss the various city requirements for construction of the proposed plat, and to assess any potential conflicts with the City or private utilities and companies prior to construction. City water and sewer requirements were discussed. The matter of location of side- walks adjacent to the curb in certain areas was discussed. The developer was informed that such a design could only be accomplished through approval of an exception from the subdivision standard street/sidewalk cross section arrangement. The requirement of improvements (curb, gutter, sidewalk, drainage) along Talbot Road South adjacent to the subject subdivision was also discussed. The developer indicated that he did not wish to install these improvements. It was explained that such a request could only be approved by the Hearing Examiner as an exception to the subdivision ordinance. Alternative drainage plans were also discussed with representatives of the Public Works Department. Preservation of natural vegetation on the site during the construction process was emphasized by the Planning Department. All right-of-way and lot staking and clearing must be approved by the Planning Department. AFFIDAVIT (ei CAA,01,±65.4.1. .\)Lo Qr61"" I , QN J IS] ►tom , being duly sworn, declare that I am the owner bf the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me � this � L? day of , 19-16') Notary Public in and for the State of Washington, residing at 7ipit,1 ,44424- 05 ,1G--1- \\ t - (Name of Notary Public) natu e Owne U4i, 3 `6 (Address) (Address) Lk)vD1-1 (City) (State) 3: L"3- u (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the filing of such application . Date Received , 19 By: Renton Planning Dept . 2-73 • • • NEE Ego AN biliM TO Dave Clemens, Associate Planner DATE 1-29-79 FROM Marilyn Petersen, Hearing Examiner's Office SUBJECT File No. FP-274-78; Victoria Park No. 4 For purposes of notification for the next public hearing, the following were parties of record at the hearing held on January 23: Stanley Davis Bill McIntosh Valley Cement Construction, Inc. Harstad & Associates P.O. Box 838 1319 Dexter Avenue N. Auburn, WA 98002 Seattle, WA 98109 Mike Hanis Grant C. Cluff 405 S. 4th 6711 West Mercer Way Renton, WA 98055 Mercer• Island, WA . 98040 Jim Poff 2925 Morris Avenue S. Renton, WA 98055 Thanks, • ( /1 4� Q�j� ��� : Marilyn (/ i f OF RA,, A 4.04 ifrAii4 THE CITY OF RENTON ci4 •1',1 -ttiao MUNICIPAL BUILDING MO MILL AVE.So. RENTON.WASH.98055 n ® CHARLES J. DELAURENTI,MAYOR ® PLANNING DEPARTMENT cc. 235- 2550 (4' og1T �� February 1 , 1979 Valley Cement Construction Company P . 0 . Box 838 Auburn , Washington 98002 RE: NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATIONS FOR PRELIMINARY AND FINAL APPROVAL OF 79-LOT SINGLE FAMILY SUBDIVISION, Files PP-299-79 and FP-300-79; property located in vicinity of South 26th Street and Talbot Road, westerly of existing Victoria Park Subdivision Dear Sirs : The Renton Planning Department formally accepted the above mentioned application on January 30 , 1979 . A public hearing before the City of Renton Hearing Examiner has been set for February 13 , 1979 at 9 : 00 a . m. . Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550. Very truly yours , Gordon Y . ricksen Plannin Director mac"c/C(A By : 1, David R. Clemens Associate Planner cc : Harstad & Associates, Inc. 1319 Dexter Ave. N. Seattle, WA 98109 Dennis Stremick Victoria Park Homeowners 2532 Smithers Ave. So. Renton, WA 98055 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL , RENTON , WASHINGTON, ON FEBRUARY 13 , 1979 , AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1. MICHAEL TURNER, AGENT FOR MR. AND MRS. JOHN BANCHERO AND DR. AND MRS. ROBERT FLORER, RECONSIDERATION OF ACCESS TO THE PROPERTY REQUESTED FOR REZONE FROM R-1 TO R-3, File R-234-78; property located on the south- west corner of N.E. 12th Ave. and Edmonds Ave. N.E. 2. DEAN W. BITNEY, LEISURE ESTATES MOBILE HOME PARK, NORTH ANNEX, APPLICATIONS FOR PRELIMINARY AND FINAL APPROVAL OF 12-LOT ADDITION TO EXISTING MOBILE HOME PARK, Files PMH-293-79 AND FMH-294-79; property located at 201 Union Ave. S.E. 3. MR. AND MRS. IVAN WERSTIUK (KENNYBROOK TOWNHOUSES) , APPLICATION FOR FINAL APPROVAL OF PLANNED UNIT DEVELOPMENT, File FPUD-280-79; property located on east side of Kennewick Pl . N.E. , between N.E. 30th St. and N.E. 28th St. 4. VALLEY CEMENT CONSTRUCTION, INC. (VICTORIA PARK NO. 4), APPLICATIONS FOR PRELIMINARY AND FINAL APPROVAL OF 79-LOT SINGLE FAMILY SUBDIVISION, Files PP-299-79 and FP-300-79; property located in vicinity of S. 26th St. and Talbot Rd. , westerly of existing Victoria Park Subdivision. Legal descriptions of applications noted above on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON FEBRUARY 13, 1979 AT 9 : 00 A. M. TO EXPRESS THEIR OPINIONS. GORDON Y. ERICKSEN PUBLISHED February 2, 1979 RENTON PLANNING DIRECTOR CERTIFICATION I , STEVE MUNSON , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST : Subscribed and sworn to before me , a Notary Public , on the 31st day of January , 19 79 SIGNED 26-(, ,�1 �.t-s0kyfivl CITY OF RENTON SHORT PLAT PLAT APPLICATION FILE NO . / `! MAJOR PLAT DATE REC' D. t u' 111 TENTATIVE APPLICATION FEE $ PRELIMINARY ENVIRONMENTAL REVIEW FEE $ FINAL RECEIPT NO. SM NO. PUD NO. APPLICANT TO COMPLETE ITEMS 1 THROUGH 7: 1. Plat Name & Location OIVLIL No 4 S . 2 ci� 3 Lo 2 . No. Lots i ,� Total Acreage 2% < Zoning -�iZ ( 3 . Owner _\J i\_LE c' t‘A ( J i < <., ti-,`>i-ii OCT ( i - Phone 31) (-*??7I Address �-' `-)- � `f ��r �. , v\ TVA-1 =`� 1 O D 7_ 5 . Underground Utilities : Yes No Not Installed Telephone ( ) ( ) ( ) Electric ( %1 ( ) ( ) Street Lights ( 7< ) ( ) ( ) Natural Gas (' ) ( ) ( ) TV Cable ( ( ) ( ) 6 . Sanitation & Water: ( > ) City Water 1' ) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers ( ) Septic Tanks 7 . Vicinity and plat maps as required by Subdivision Ordinance. 8 . DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 9 . STAFF ACTION: TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED 10. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 11 . CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 12. DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept. Rev. 1/77 February 14, 1979 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: Valley Cement Construction, Inc. FILE NO. PP-299-79 Victoria Park Division No. 4 FP-300-79 LOCATION: Property located directly west of the existing Victoria Park Subdivision along the east side of Talbot Road South, and between South 26th Street and the existing Renton city limits. SUMMARY OF REQUEST: Applicant requests preliminary and final plat approval pursuant to the Subdivision Ordinance for a proposed 79 lot single family residence subdivision. Such approval will allow construction of necessary streets, utilities, and other improvements required by the Subdivision Ordinance. Applicant also requests an exception to allow two pipestem lots within the proposed subdivision. SUMMARY OF Planning Department: Approval with restrictive covenants. RECOMMENDATION: Hearing Examiner: Approval with restrictive covenants. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on February 7, 1979. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, -the Examiner conducted a public hearing on the subject as follows: The hearing was opened on February 13, 1979 at 11:40 a.m. in the Council Chambers of the Renton Municipal Building. The Examiner explained that both preliminary and final plat hearings were scheduled for review due to expiration of the preliminary plat prior to submittal of a final plat application. Parties wishing to testify 'were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. David Clemens, Associate Planner, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: File No. PP-102-77, Preliminary Plat Victoria Park Division No. 4 (by reference) Exhbiit #3: Preliminary and Final Plat (3 sheets) Exhibit #4: Preliminary Plat with Staff Comments Exhibit #5: Restrictive Covenants for Victoria Park Homeowners' Association Exhibit #6: By-laws of Victoria Park Homeowners' Association The Examiner inquired if the applicant concurred in Exhibit #1. Responding was: Stanley F. Davis, Jr. Vice President, Valley Cement Construction, Inc. P.O. Box 838 Auburn, WA 98002 Mr. Davis indicated that although contents of the Planning Department report are basically correct, he did not concur in the final recommendation. He referenced Item No. 3 of the synopsis of Preliminary Plat No. 102-77 contained in Attachment No. 2 of Exhibit #1, which regards requirements for off-site improvements including curbs, gutters, sidewalks, PE ....9-79 Page Two FP-300-79 paving and storm drainage on Talbot Road South, and objected to inclusion of the requirement in the synopsis since the requirement had previously not been stated or discussed during preliminary plat approval. Mr. Clemens confirmed that the term "synopsis" was incorrect, and the reference to the requirement had been included specifically to clarify the matter of off-site improvements due to its importance in the discussion. Mr. Davis reported his opinion that the Subdivision Ordinance does not specifically require off-site improvements, and approval from the Public Works Department had previously been granted for water, sewer, and storm drainage lines, and reference to off-site improvements on Talbot Road South occurred three months after preliminary plat approval. Referencing a condition of final plat approval contained on Page 3 of Exhibit #1 pertaining to a walkway easement designation to provide pedestrian access from S. 31st Street to the open space of Tract "A", Mr. Davis expressed objection to provision of the walkway due to existence of a ravine which would require installation of a bridge or other structure and render construction of a paved walkway infeasible. He indicated concurrence in construction of pathways from four other cul-de-sacs in the plat which would enhance the appearance of the development. Referencing Section E.8 of Exhibit #1, regarding requirement of approval by the Public Works Department of storm water drainage plans, Mr. Davis indicated that receipt of approval had occurred on March 30, 1978. The Examiner requested further testimony in support of the request. Responding was: Michael Hanis 405 S. 4th Renton, WA 98055 Mr. Hanis submitted a letter from the City Attorney to the Mayor and City Council, regarding off-site improvement requirements contained in the Subdivision Ordinance. He also referenced a letter from the City Attorney to Mr. Hanis regarding the same subject. The letters were entered into the record as follows: Exhibit #7: Letter from City Attorney to Mayor and City Council, dated January 24, 1979, regarding off-site improvements Exhibit #8: Letter from City Attorney to Michael M. Hanis, dated January 23, 1979, regarding off-site. improvements Mr. Hanis read the second paragraph of Exhibit #7 which expresses the attorney's opinion that the ordinance is lacking in definition of requirements for off-site improvements, and is inconsistent with the opinion contained in Exhibit #8 which states that certain off-site improvements will be required in accordance with the Examiner's preliminary plat recommendation and existing city ordinances. Mr. Hanis indicated that the issue of off-site improvements initially was raised at a pre-construction meeting held with city staff on March 9, 1978, three months after preliminary plat approval, and that until that time, the applicant had not been apprised of specific off-site improvements consisting of curbs, gutters, sidewalks and street paving on Talbot Road South. Mr. Hanis noted that concerns regarding traffic control devices or an acceleration lane, and stabilization of the bank for drainage purposes had previously been the only matters relating to improvement of Talbot Road South specified in the preliminary plat approval. Mr. Hanis objected to installation of an island of improvements by the applicant which will benefit a much larger area, noting that existing residential neighborhoods abutting the roadway had not been required to participate in improvements in the past. He advised that only one residential lot located to the north of the intersection of S. 27th and Talbot Road South abuts Talbot Road and the remaining property consists of proposed greenbelt area. Regarding the suggestion by the Public Works Department that application for a waiver or exception occur to delete the requirement, Mr. Hanis indicated his opinion that a waiver is not required because the off-site improvement requirement had not been initially imposed, and that the cost of such improvements would exceed $50,000. He stated that the preliminary Planning Department report had contained specific requirements to the extent of widths of certain driveways, but had not referenced the subject of off-site improvements. Mr. Hanis requested consideration of waiver of preliminary and final plat fees allowed for reservation of a proportion of total property for greenbelt purposes. Mr. Davis submitted a letter of credit from Washington Capital Corporation, which states that 92% of the plat is completed, and he requested the letter be accepted in lieu of a bond for improvements. The letter was entered into the record as follows: Exhibit #9: Letter. of Credit to City of Renton from Washington Capital Corporation, dated December 18, 1978. • • PP-299-79 Page Three . . FP-300-79 Mr. Davis noted that the approximate 5% of remaining work will be completed when weather conditions improve and will consist of construction of paths, sidewalks and completion of street repairs. . He indicated that a bond will be posted for improvement of Talbot Road South if determined a requirement of the development. The Examiner requested' further testimony in support of the application. Responding was: • Dennis Stremick • Victoria Park Homeowners' Association Board of Trustees 2532 Smithers Avenue S. • • Renton, WA 98055 Mr. Stremick was. affirmed by the Examiner. He indicated that the association members support the project which' is anticipated to be a beneficial addition to the community and the city. He referenced Section E.6 of Exhibit #1 regarding annexation of the . subject plat into the existing Victoria Park Homeowners' Association, and reported that annexation occurred on May 2,, 1978 by unanimous vote of the membership. He noted that references in Exhibit #1 to both a five-foot and six-foot proposed width Of walkways at the end of cul-de-sacs were inconsistent, and advised that the long pathway running in a north-south direction in existing Victoria Park contains a width of eight feet. Mr. Stremick advised that cooperation between the association and the developer had occurred during the development process and the applicant had agreed to accomplish ,certain repairs to pathways. The. Examiner entered a letter from Mr. Hanis into the record which' requests the Examiner's recommendation in a timely manner due to problems created by delays in procedures: • Exhibit #10: Letter to Hearing Examiner. from Michael M. Hanis, dated February 9, 1979 • The Examiner requested testimony in support or opposition to the request. There was no response. He then requested a member of the Public Works Department to explain staff comments attached to Exhibit #1 which state that the entire issue of off-site improvements should be addressed. Responding was: Warren C. Gonnason Public Works Director Mr. Gonnason was affirmed by the Examiner. The Examiner inquired regarding .the extent of Off-site improvements on Talbot Road South envisioned by the Public• Works Department. Mr. Gonnason indicated the purpose of the staff comment was to inform the applicant of the need to request deferral .for off-site improvements or post an appropriate bond if off-site improvements are required. He stated that following the preliminary plat approval, detailed plans were submitted by the applicant for construction of public ' improvements within the plat, and it was discovered that plans did not include provision for improvements to Talbot Road South. Mr. Gonnason reported that th'e developer was advised at that time,to submit the plans or request an exception on the required ' improvements, neither of which occurred. He reviewed minimum necessary improvements on Talbot Road. South to allow the subdivision to function properly including,installation of appropriate drainage facilities from the entrance to the plat' southerly to the stream channel crossing Talbot Road South, which could be designed and constructed underground depending upon requirements for off-site improvements. If curbs, gutters, sidewalks and street widening are required, drainage facilities would be constructed underground, and if not required, open channel ditch sections would be a minimum requirement for the facility. • The Examiner inquired if Mr. Gonnason's comments could be interpreted that although the appropriate drainage facility should be constructed along part of the frontage on Talbot Road South, other off-site improvements are not necessary. Mr. Gonnason responded that requirements are subject to interpretation of city ordinances by the Hearing Examiner and the City Attorney, and that in his opinion, they should be required unless a waiver or exception was, granted,for that provision. The Examiner referenced Exhibits #7 and 8 and indicated his opinion that the City Attorney has determined that the ordinances do not seem to specifically require off-site improvements, but if the Public Works Department . can substantiate that off-site improvements are necessary in the interest. of public health,.. safety and welfare, the matter can be determined by the Hearing Examiner. Mr. Gonnason felt that standard improvements along Talbot Road South including sidewalks, curbs, gutters and drainage _facilities would be in .the public interest. ' He noted that sufficient • facilities for safe pedestrian•access do not currently exist along Talbot Road South and would be'a desirable improvement. He indicated that minimum requirements in the' interest of public safety should include such pedestrian facilities as well as .appropriate drainage facilities, and completion with curbs, gutters and sidewalks would be highly desirable in the interest of the public. • • PP-299-79 Page Four FP-300-79 The Examiner requested the applicant to respond to the matter of substantiation of the necessity of improvements in the interest of public health, safety and welfare. Mr. Hanis indicated the applicant's agreement to install improvements which are necessary as a result of the proposal, but objected to providing improvements to mitigate problems that. existed prior to the proposed development. He reiterated previous comments that, installation of an island of improvements adjacent to the plat would not solve the. problems if they in fact exist. The Examiner inquired if the applicant would be amenable to execution of restrictive covenants agreeing to participate in a future LID for such improvements. Mr. Hanis reported that the greenbelt area will be owned and maintained by the Victoria Park Homeowners' Association and the financial obligation of . a future LID would be infeasible for the club. Mr. Davis indicated his concurrence in modifying the existing storm drainage facility at the entrance of Talbot Road South to accommodate additional storm water from the plat. He advised his opinion that interpretation of the ordinance would require only the open ditch .configuration for drainage purposes in lieu of undergrounding the facility. The Examiner asked Mr. Davis for his opinion on the necessity of a pedestrian facility. Mr. . Davis indicated that since it had not been established that .a problem exists for Pedestrian traffic, provision of the facility by the applicant would not be appropriate. Responding to the Examiner's inquiry regarding provision of restrictive covenants, Mr. Davis stated that he would not be willing to sign restrictive covenants, because adjacent homeowners to the north of the project object to improvement of Talbot Road South, and dedication of the entire greenbelt area would occur which would place the financial responsibility upon the homeowners' association. The Examiner inquired if the Public Works Department had undergone studies to determine the need for improvements to Talbot Road South or if traffic counts had been accomplished. Mr. Gonnason indicated that ,studies had not occurred, and traffic counts indicate that traffic and pedestrian volumes are low. Mr. Clemens inquired if it would be reasonable to assume that pedestrian volumes are low due to the unsafe condition of the roadway. Mr. Gonnason advised that the roadway is the only existing pedestrian access from a northerly direction making the assumption invalid. The Examiner inquired if the section of Talbot.Road South abutting the proposal was contained in the city's Six-Year Street Construction Program. Mr. Gonnason reported that although .improvement of the roadway ,is indicated as a high priority project in the program, funding had not yet been budgeted to accomplish the improvement. Referencing earlier testimony regarding participation in an LID for improvement of Talbot Road South, Mr. Stremick confirmed Mr. Hanis° supposition that the homeowners' .association was unable to fund a project of that magnitude and it was not the intent to do so. Mr. Davis indicated on Exhibit #4 the location of an existing sidewalk connecting Talbot Road South to Talbot Hill Elementary School, and noted that improvement or extension of the walkway had been rejected by homeowners in the area. The Examiner requested a final recommendation from the Planning Department. Mr. Clemens indicated that although it is the opinion of the Planning Department that minimum improvements in Talbot Road South should include pedestrian facilities, the department supports the installation of all off-site improvements in the roadway, and noted that other developments in the city had been required to provide similar improvements. He indicated, therefore, that the Planning Department recommendation contained in Exhibit #1 for both the preliminary and final plat applications would remain as submitted. • The Examiner requested a final recommendation from the Public Works Department. Mr. Paul Lumbert, Traffic Engineering Division, indicated a necessity for installation of pedestrian access and drainage facilities to provide for connections to future annexed property to the south, but stated that full off-site improvements including curbs, gutters, sidewalks and street paving would not necessarily be needed. The Examiner indicated his intent to provide a recommendation on the subject application • as soon as possible.. The .hearing was closed by the Examiner at 12:45 p.m. • FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: • • 1. The request is for approval of the preliminary and final plat of Victoria Park Division No. 4. • 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact,. and departmental recommendations in this matter; and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. PP-299-79 Page Five FP-300-79 • 3. Pursuant to the City of Renton's Environmental Ordinance•and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. There was no opposition to the proposal expressed. 6. All existing utilities are available and in close proximity. 7. The proposal is compatible with the lot area and design requirements of Section 4-704 (SR-1) and 4-706 (R-1) of Title IV, and Section 9-1108.23, Title IX, Ordinance No. 1628, Code of General Ordinances. 8. ' A preliminary plat was approved for the proposal on February 27, 1978, but expired on August 27, 1978 per Section 9-1106.2.H. An extension was not requested or granted prior to theexpiration date. The record regarding this preliminary plat was incorporated into the current application for preliminary and final plat approval (Exhibit #2) . The new preliminary plat application (PP-299-79) is identical to the lapsed preliminary plat. Due to the mere procedural problem which necessitated refiling the preliminary and final plat applications, new applications were heard together for expeditious handling and both applications are considered together herein. 9.' An exception to permit two pipestem lots was approved on January 10,. 1978 (E-107-77) . • 10. On-site improvements have been completed, except for sidewalks, pathways and pipestem lot driveways. A letter of credit (Exhibit #9) was submitted by the applicant for these remaining improvements which constitute 5% of the total project. • 11. The- proposal was accepted, on May 2, 1978 into the Victoria Park Homeowners' Association. Restrictive covenants (Exhibit #5) and by-laws (Exhibit #6) were submitted. 12. Lacking contrary testimony, the storm drainage plans are assumed to be approved by the Public Works Department. 13. Pedestrian access is proposed to four out of five of the proposed cul-de-sacs. The applicant testified that access from the fifth cul-de-sac, S. 31st Street, to Whitworth Avenue S.' (as recommended by staff) would be very difficult if not infeasible due to an intervening ravine. Four cul-de-sac pathways connect to open space Tract .B. S. 31st Street would connect to open space Tract A, which also abuts Whitworth Avenue South. (Exhibit #3) . • 14. Off-site improvements are not required outright by existing city ordinances and regulations (Exhibits #7 and 8) . However, the Examiner may recommend to the City • Council that such improvements be installed upon finding for the ", . .public use and interest. . .health, safety and general welfare. . ." and ". . .appropriate provisions are made for. . .streets. . .other public ways. . ." (Section 9-1106.2.E. (2) ) and for ". . .esthetics, and. . .wholesome environmental conditions. . .and safe and functional streets and thoroughfares." (Section 9-1101.2) . Although Talbot Road South is designated a high priority on the Six-Year Street Program, traffic studies have not been conducted to determine or conclude that or .what off-site improvements are needed. Facilities to accommodate storm water drainage and for pedestrians were felt by staff to at least be needed, but supportive information was not provided. The applicant stated his opposition to completing restrictive covenants for participation in a Local Improvement District for off-site improvements. Other testimony indicated that .the Victoria Park Homeowners' Association could not afford such an LID along Tract A and also opposed it. 15. ' Utilities have been installed. CONCLUSIONS: 1. The proposal conforms to the goals and objectives of the Comprehensive Plan and Land Use Map. It also appears to serve the public interest, health, safety and welfare (Section 9-1106.2.E. (2) ) except as noted herein., 2. :,On-site improvements will be completed at this time except for the pedestrian • PP-299-79 Page Six FP-300-79 sidewalks and pathways. It is reasonable to delay these facilities until drier weather. However, the Board of Public Works is the appropriate body to consider and act upon deferral of improvements. Therefore, the timing of construction of the sidewalks and pathways should be reviewed by the board. 3. Pedestrian access appears appropriate connecting Tract A with S. 31st Street and with Whitworth Avenue S. Due to the construction problems associated with traversing or bridging an existing ravine in Tract A, a pedestrian pathway should be installed in the proposed 15-foot storm drainage easement between Lots 18 and 19 or in the 15-foot sewer easement between Lots 20 and 21. This pathway would provide access from S. 31st Street through Tract A to Talbot Road S. The other pathway from Whitworth Avenue South could also connect to Talbot Road South through Tract A. However, based upon the record, it seems that the extent of reasonable expectation of the applicant is to require only improved pathways from the proposed streets, but not through Tract A. Since Tract A abuts Whitworth Avenue South, only a pathway from S. 31st Street to Tract A appears needed. The precise location of the pathway can adequately be resolved by staff and the applicant. Specific criteria is lacking in the Subdivision Ordinance pertaining to construction of the pathways being recommended. Sections 9-1108.7.H and 9-1108.9 illustrate a five-foot width of concrete contiguous to streets. Asphalt paving may be an acceptable alternative. Lacking contrary testimony, the five-foot pathway seems reasonable; however, doubt exists regarding which material is most appropriate. This construction detail can adequately be resolved by the applicant and the Planning Department. 4. Utility connections and interface with the existing Victoria Park have been accomplished or designed compatible with the Victoria Park Homeowners' Association. 5. Due to the hillside location of the proposal and transection by two ravines and streams, extraordinary consideration of existing vegetation is required. Open space areas should be preserved in their existing natural condition. On other portions of the plat as much of the existing vegetation as possible should be retained. The streams and ravines should be retained in their natural conditions as much as possible. Therefore, clearing, grading or cutting in these areas should only occur upon approval of the Planning Department. 6. The applicant requested that filing fees be waived in the final plat application pursuant to Section 9-1106.3.B (Fees, Alternate Dedications of Land) in view of the dedicated open space Tracts A and B. Attachment No. 1, Exhibit #1,indicates that approximately 5.3 acres or 18.4% of the property is contained in Tracts A and B which are stated to be open space areas and are sufficient for a waiver. Section 9-1106.3.B states that in order to qualify for waiver of fees the open space tracts must be ". . .perpetual recreational, open space or other general public use. . . " (Emphasis added) . Submitted restrictive covenants (Exhibit #5) contain the only reference to open space areas in the documents presented by the applicant. These covenants do not specifically contain Tracts A and B of the proposal, but pertain to existing Victoria Park. However, it is apparent that the intent of the applicant is to utilize these covenants by mere inclusion of Tracts A and B, but the covenants state for existing open space tracts that their purpose is for only the enjoyment of the residents of Victoria Park. This does not appear to reasonably meet the intent of Section 9-1106.3.B of ". . .general public use. . ." Therefore, the proposal does not satisfactorily qualify for the waiver of filing fees for the final plat. 7. Testimony from staff, although not a consensus, indicates that Talbot Road South is sufficient to accommodate vehicular traffic in the area but is a high priority for upgrading with full improvements. Consensus was evident that storm drainage and pedestrian facilities at least are needed along the road in the public interest, health, safety and welfare since these off-site improvements do not exist. Talbot Hill'Elementary School and Talbot Hill Park are located approximately one-quarter of a mile north of the site. As residential properties south of the site develop, it can be reasonably assumed that Talbot Road South will become frequently, but perhaps not heavily, used by children and people using the aforementioned facilities. It is .only with the subject applications that the city finds itself in the position of unrequired and unspecified off-site improvements. Clearly in the past decisions have required and approved these off-site improvements near the subject property (Short Plat No. 197-78, Bill Dunn; and Short Plat No. 054-77, Ernest J. Lobe) . (Mr. Dunn agreed to installation of the improvements and Mr. Lobe agreed to participate in an LID for installation of these improvements.) But now the city must substantiate requiring these improvements in the public interest, health, safety and welfare P_ .;-99-79 Page Seven FP-300-79 (See Finding No. 14) : The City Council should review this recent situation to clarify policy in an ordinance revision. • While not absolutely conclusive, the testimony sufficently leads to the reasonable conclusion that storm drainage and sidewalk improvements should be installed off- site along Talbot Road South. These .improvements will enhance the public interest, health, safety and welfare (Section 9-1106.2.E. (2) ) , and environmental conditions and safe streets (Section 9-1101.2) . Testimony indicated that storm drainage facilities may constitute 'Only an open • drainage ditch, depending upon sidewalk construction. Sidewalk facilities have • traditionally been five-foot concrete construction, which may be appropriate ,in lieu of asphalt pathway at this location due to the steep topography of contiguous Tract A. The specific design of these facilities should be developed cooperatively • by the applicant and the Planning and Public Works Departments. Insufficient testimony. was provided to enable the Examiner to conclusively recommend specific • designs of the improvements. RECOMMENDATION: Approval of the preliminary and final plat, Exhibit #3, subject to: 1. Completion of certification per Section 9-1106.3.H per review and approval of the Planning and Public Works Departments. On-site and herein specified off-site improvements are ,to be installed by the applicant or deferred by the Board of Public Works prior to submittal of the applications to the City Council for final review. • 2, Revision of restrictive covenants (Exhibit #5) ,per review and approval of' the. Planning Department. 3. Inclusion of. a pedestrian pathway from S. 31st Street to Tract A either between Lots 18 and 19 or Lots 20 and 21 per agreement of the applicant and the Planning Department. 4. Pedestrian.pathways being. five feet in width and of construction and material agreed upon by the applicant and the Planning Department. These pathways are to connect the proposed cul-de-sac streets to Tracts A and B. • 5. Preservation of as much as possible of existing vegetation in Tracts A and B and • ravines. Existing streams should be retained in, their natural condition as much as possible without 'interference with approved storm drainage plans. Clearing, grading or cutting in these areas should only occur upon approval of the Planning Department and in, conformance with the approved final plat. . 6. Installation 'of, off-site improvements of storm drainage and sidewalk facilities , - along Talbot Road South per mutual. agreement of the. applicant and the Planning ' arid Public Works Departments to adequately, protect the public interest, use, health, safety and welfare. and consider future requirements of potential future development in the area and improvement Of Talbot Road South. 7. Inclusion of building setback lines per approval of the Planning Department prior to submittal to the City Council for review of.the final plat. 8. Compliance with all other applicable city .ordinances and regulations. It is also recommended that the City Council 'review its policy,regarding requiring off- site improvements and initiate corresponding changes to the Subdivision Ordinance. Until these changes are made, the Examiner, applicant and staff have only the procedure experienced in these applications. Clearer and adopted procedure and requirements are necessary as soon as possible for everyone's benefit. ORDERED THIS 14th, day of February, 1979. (, • • L. Ric eeler ' • Land Use Hearing Examiner • • TRANSMITTED THIS 14th. day of February, 1979 by Affidavit of •Mailing to the parties of record:. ' .Stanley F. Davis, P.O. Box 838, Auburn, WA 98002' PP-299-79 Page Eight FP-300-79 TRANSMITTED THIS 14th day of February, 1979 to the following: Mayor Charles J. Delaurenti Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division • Paul Lumbert, Traffic Engineering Division Lawrence J. Warren; City Attorney • Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before February 28, 1979. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request.for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall. set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00tand meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. 1 t sD • tf �_t ys \--,,---Rom-4 , L-.1 . 1 .. 1 ' ,� .•.� ' _ _'F ' .1 . ,\ .: d' N fi-a: G-9 0 ,. j . • L;:: 'I G-7200 1 • e •'S 7� •f l u`: Jwu l t r n, t i___�... L:.,I 11•tll - !' d<�# • .,. ^f1• 1 :,.....) .., .5.27. •AT:'' I`• `iit .1 •I '• rr' 7._, ..,1 ,rwl. .•:-,,`'`i - - • 74% Gww[�'� 8`s-7 i► -- 1-- -.- •. E 1 .. \ . 1 • ,, .c.›•;\, ..J.4..:11.-.;-! ,... i ..r. , _ . . _ _.. \ ../.././ , . :'.i,..,„.........• . .7 z..., i 4,, .. ,,.0.,0 II 1 '' ,_// - tt , •2 • t1 $U 65EcT 3 .. —' - �, sire • t i ' {w� 1 ,1 I • . j " L37�3� — f _j .- l • - 1 2 • . ' • Y 1'r •!�� !!j•t 1 (��ty I i r � .T. ; t • �r 1 • I Ir r 9 _( rye f'y.y 7r { I •• t}1 7 J F J "`f •• �. :1 \ II L FINAL .PLAT APPROVAL: VALLEY CEMENT .CONSTRUCTION , INC,'. 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';.:.XY?Y ralbot• • a - Pd. ••am .•qm A .•nra+ Shea? 3 ol.S COI-kiler:411-419''.471 1. .78 rIJ� C` r° 'a 1,h6 CI p•u PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING FEBRUARY 13 , 1979 APPLICANT : VALLEY CEMENT CONSTRUCTION , INC . VICTORIA PARK DIVISION 4 FILE NO. : PP-299-79 FP-300-79 A. SUMMARY OF REQUEST : Applicant requests preliminary and final plat approval pursuant to the Subdivision Ordinance for a proposed 79 lot single family resi - dence subdivision . Such approval will allow construction of neces- sary streets , utilities , and other improvements required by the Subdivision Ordinance. Applicant also requests an exception to allow two pipestem lots within the proposed subdivision . B. GENERAL INFORMATION : 1 . Owner of Record : VALLEY CEMENT CONSTRUCTION , INC . STANLEY DAVIS , JR . , VICE-PRESIDENT 2 . Applicant : VALLEY CEMENT CONSTRUCTION , INC . 3 . Location : Property located directly west of the existing Victoria Park Subdivision along the east side of Talbot Road South , and between South 26th Street and the exist- ing Renton city limits . 4 . Legal Description : A detailed legal description is avail - able on file in the Renton Planning Department . 5. Size of Property : Approximately 29 acres . 6. Access : Via Talbot Road South . 7 . Existing Zoning : SR-1 , Suburban Residence District. 8. Existing Zoning in SR-1 , Suburban Residence District ; the Area : G-9600 , General Classification District; King County SR zoning . 9. Comprehensive Land Single Family Residential . Use Plan : 10. Notification : The applicant was notified in writing of the hearing date. Notice was properly published in the Record Chronicle and posted in five places on or near the site as required by City ordinance on January 12 , 1979. C . PURPOSE OF REQUEST : The request is to permit completion of plat improvements and subse- quent construction of single family residence homes pursuant to the SR-1 residence district . D . HISTORY/BACKGROUND : The subject site was annexed into the City by Ordinance No . 1971 on August 15 , 1962 . The site was rezoned from G-9600 to SR-1 on October 21 , 1963 , by Ordinance No . 2059 . The subject site was part of the original Victoria Park Plat approved by the City Council on March 27 , 1967 ; subsequent final plats for Victoria Park Divisions 1 , 2 and 3 were approved from August , 1967 , to April , 1968 . A • PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF FEBRUARY 13 , 1979 PAGE TWO RE : PP-299-79 AND FP-300-79 , PRELIMINARY AND FINAL PLAT - 79-LOT SINGLE FAMILY RESIDENCE SUBDIVISION - VICTORIA PARK DIVISION 4 final plat for the subject area was never submitted , and the pre- liminary plat approval expired . A tentative plat for the subject proposal was approved by the Planning Department on June 22 , 1977 . The preliminary plat for Victoria Park Division 4 was approved by the City Council on February 27 , 1978 , subject to certain conditions . On January 23 , 1979 , a final plat hearing was held on this proposed development . Following the close of the hearing , it was determined that the plat had expired six ( 6 ) months after approval , as required by Section 9- 1106-2-H of the Subdivision Ordinance. On January 30 , 1979, the applicant requested concurrent approval of the preliminary and final plat , which are the subject of this report. Attached to this report are the following documents for review and consideration : 1 . Staff report , Final Plat-274-79 , January 23 , 1979, pages 2-5. 2. Synopsis of the Planning Department Analysis , Preliminary Plat 102-77 , December 20 , 1977 . 3 . Hearing Examiner Decision , Preliminary Plat 102-77 , January 10 , 1978. E . DEPARTMENT RECOMMENDATIONS : Based upon the analysis of the prior preliminary and final plat applications and the recommendations of other departments : Recommend approval of Preliminary Plat-299-79 subject to the follow- ing conditions : 1 . Provision of off-site street improvements on Talbot Road includ- ing , but not limited to , curb, gutters , sidewalks , paving , and storm drainage as required by the subdivision ordinance provisions. 2 . Inclusion of pedestrian access, similar to that already proposed in the plat , in South 31st Street to connect to the westerly open space tract. 3. Construction of the water line connection from the proposal to South 27th Street per approval of the Public Works Department . 4 . Construction of the pedestrian paths of asphalt or concrete at the end of the proposed cul -de-sacs . The applicant is to con- struct these pathways . 5. Construction of 10-foot driveways for lots 39 and 53 prior to final inspection by City officials of the homes on these lots . 6. Submittal with the final plat application of restrictive cove- nants providing for the open space areas and a separate home- owners ' association contingent upon rejection of the Victoria Park Homeowners ' Association . These covenants are to be coor- dinated with the Planning Department and will include appro- priate conditions as specified herein and , if appropriate , the submitted covenants . 7 . The existing streams and ravines are to be retained and main- tained in their existing , natural condition as much as possible per approval of the Planning Department . 8. Approval by the Public Works Department of the storm water drainage plans . 9 . Review by the Planning Department of building setback lines to be established on the finz - plat plan in accordance with ordinance requirements . PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF FEBRUARY 13 , 1979 ' PAGE THREE RE : PP-299-79 AND FP-300-79 , PRELIMINARY AND FINAL PLAT - 79-LOT SINGLE FAMILY RESIDENCE SUBDIVISION - VICTORIA PARK DIVISION 4 10. Preparation of the final plat in conformance with this prelimi - nary plat and the aforementioned conditions . Recommend approval of Final Plat-300-79 subject to the following conditions : 1 . Completion and acceptance of all on and off-site public improve- ments or bonding for same prior to recording of the final plat. 2 . Include in the storm drainage easement between lots 18 and 19 a walkway easement designation to provide pedestrian access from South 31st Street to the open space of Tract "A" . 3 . Pathways shall be a minimum of five foot wide asphalt or concrete section connecting cul -de-sacs to other streets or existing walkways . 4 . The final plat map shall be revised to include building set- back lines prior to City Council action on this final plat . 5. Prior to recordation , all certifications required shall be obtained . ATTACHMENT NO. 1 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER Page 1 PUBLIC HEARING OF JANUARY 23 , 1979 PAGE . TWO RE : FP-274-79, FINAL PLAT, APPROVAL - 79-LOT SINGLE FAMILY RESIDENCE SUBDIVISION - VICTORIA PARK DIVISION 4 E . PHYSICAL BACKGROUND : 1 . Topography : The subject site rises approximately 75 feet from the elevation of Talbot Road to its easternmost boundary. Average slope is approximately 10 percent . Two existing natural ravines with small streams located within them cross the sub- ject site from east to west . One of these ravines is in the extreme northerly portion of the subject site and the other ravine is in the northerly portion of the south half of the subject site. Portions of the ravine areas are proposed as greenbelt on the subject preliminary plat. Design and develop- ment of the entire plat should be consistent with the natural topography. 2. Soils : Alderwood gravelly sandy loam (AgC ) . Permeability is moderately rapid in the surface layer and the subsoil , and very slow in the substratum. Available water capacity is low; run-off is slow to medium and hazard of erosion is moderate . This soil is used for timber , pasture , row crops , and for urban development . 3. Vegetation : The majority of the site consists of various evergreen and deciduous trees together with typical native understory , the species which are typical to the northwest woodland varieties , i . e. , Cedar, Douglas fir , Maple , Dogwood , Alder , Salal , Oregon Grape , fern . 4. Wildlife : The existing vegetation on the site may provide some habitat for birds and mammals native to `northwest wood- land areas . 5. Water : No surface water is apparent on the site ; however , there are two streams existing on the subject site which run in the generally westerly direction from the east property line to Talbot Road South. . 6. Land Use : The subject site is presently undeveloped . Existing single family residence homes within the Victoria Park subdivi - sion are located on the north and _easterly sides of the subject site . An existing greenbelt platted as part of the Victoria Park Subdivision is located between the easterly boundary of the subject site and existing homes within Victoria Park . Existing single family residence homes are located south of the subject site within King County. Single family residences are also located west of the subject site west of Talbot Road South. F. NEIGHBORHOOD CHARACTERISTICS : The site is within an area that is experiencing a certain upsurge in development of single family residential housing . G . PUBLIC SERVICES : 1 . Water and Sewer: An existing 20 inch water main is located along Talbot Road South . An existing 8 inch sewer main is located along Talbot Road South together with an 18 inch storm sewer main . All utilities are subject to Public Works Depart- ment approval per various ordinance requirements . 2 . Fire Protection : Provided by the Renton Fire Department and subject to City of Renton ordinance requirements . See attached Fire Department comments . 3. Transit : Metro Transit Route 145 operates along Benson Road South approximately one-half mile east of the subject site and along S. W. 43rd Street and (Carr Road ) approximately one mile south of the subject site. 1 PLANNING DEPARTMENT ATTACHMENT NO. PRELIMINARY REPORT TO HEARING EXAMINER Page 2 PUBLIC HEARING OF JANUARY 23 , 1979 PAGE THREE RE: FP-274-79, FINAL PLAT IAPPROVAL IVISI9-L_OT SINGLE FAMILY RESIDENCE SUBDIVISION VICTORA 4 . Schools : Talbot Hill Elementary School is located less than one-quarter mile north of the subject site. Nelson Middle School is located approximately one mile northeast of the subject site and Lindbergh High School is located approximately three miles east of the subject site . 5. Parks : Talbot Hill Park is located less than one-quarter mile north of the subject site . The existing and proposed greenbelts within the total Victoria Park area provides certain passive open-space recreation areas . H . APPLICABLE SECTIONS OF THE ZONING CODE : 1 . Section 4-704 , SR- 1 , Suburban Residence 2 . Section 4-706 , R-1 , Residence Single Family I . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS : 1 . Renton Subdivision Ordinance : (a ) Section 9- 1106. 2 , Preliminary Plat Requirements ( b) Section 9-1108 , Plat Improvements and Development Standards (c ) Section 9-1109, Exceptions (d ) Section 9-11076. 3 , Final Plat Requirements 2 . Ordinance No . 3174 , Renton ' s Storm and Surface Water Drainage Ordinance 3. Chapter 30 , Land Use Hearing Examiner 4 . Land Use Report , 1965 , Residentia , page 11 and Objectives , pages 17 and 18 5 . Policy Statement , Comprehensive Plan , Renton Urban Area , 1965 6. Subdivision_ of Land , pages 5 ,and 6 J . IMPACTS ON NATURAL SYSTEMS : The proposed' plat will have certain impacts on natural systems , particularly with respect to disturbance of existing soil and vege- tation , increases in storm water run-off , increases in traffic and noise in the area . These impacts , however , can be mitigated with the proper development controls and standards which attempt to attain a balance between the desires of the developer and the envi - ronmental characteristics of the site and surrounding area . K. SOCIAL IMPACTS : Certain additional social interaction may occur as a result of approval and development of the subject plat with resulting increase in population to the area . L . ENVIRONMENTAL ASSESSMENT/THRESHOLD : Pursuant to the City of Renton ' s Environmental Ordinance and State Environmental Policy Act of 1971 as amended (RCW 43-21C ) , a nega- tive declaration of environmental significance was issued by Gordon Y . Ericksen , Planning Director , a responsible official , on June 22 , 1977 , as part of the tentative plat approval procedures . This declaration was based on the provision of various mitigating measures that would reduce the potential environmental impacts of the proposed project. (See attached copy. ) M. ADDITIONAL INFORMATION : A vicinity map and a site map are attached . PLANNING DEPARTMENT ATTACHMENT NO. 1 PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 23, 1979 Page 3 PAGE FOUR N. AGENCIES/DEPARTMENTS CONTACTED : 1. City of Renton Building Division 2. City of Renton Engineering Division 3 . City of Renton Traffic Engineering Division 4. City of Renton Utilities Division 5. City of Renton Fire Department 0. PLANNING DEPARTMENT ANALYSIS : 1 . The Comprehensive Plan Land Use Element designates the subject site as single family residential . The existing zoning of SR-1 or minimum 7500 square feet lot size is consistent with this purpose. 2. The preliminary plat was approved by the City Council on February 27 , 1978 , subject to certain conditions . The appli - cant has complied with or is in the process of complying with all conditions , except the following : a. Pedestrian access to open space from South 31st Street. b. Construction details of pedestrian paths . c. Establishment of building setback lines on final plat. 3 . The final plat layout is consistent with the approved prelim- inary plat map. 4. Access to the subject site will be provided at Talbot Road South and Morris Avenue South. 5. The final plat indicates 5. 3 acres , or approximately 18. 4% of the site , as open space greenbelt for the use of the public to be developed and maintained by the Homeowners ' Association . The greenbelt area is included in Tracts "A" and "B" as desig- nated on the final plat map. 6 . The main on-site improvements have been installed although the Utilities Engineering Division advises that final inspection and acceptance must be completed . Off-site improvements , including Talbot Road , however, have not been completed . These must be bonded or completed prior to recording . As an alternative, the applicant may request a waiver of these improvements . 7 . A plat certificate has been filed with the subject final plat application as per Section 9-1106. 3 H (6) . 8. Two pipestem lots ( Lots 39 and 53) as approved in the prelimi - nary plat are contained in this final plat . 9. The street naming pattern is consistent with the City grid system. 10. The Engineering Department advises that the storm drainage system is almost complete except for some repaving that will be necessary at the intersection of Talbot Road South and South 27th Place . Also , some bills of sale may be required . 11 . A pedestrian pathway in the form of a walkway easement could be provided from Sout.h 31st Street into the westerly open space designated Tract "A " as per the Hearing Examiner ' s suggestion in the approval of the preliminary plat. 12 . The Victoria Park Homeowners ' Association has expressed con- cern about the use of cinder pathways within the plat and requested that consideration ;be given to hard-surfaced walk- ways . Further , the precise location of said walkways has yet to be identified. Pathway locations should provide for integrated access between the existing areas and these newly developed lots . ATTACHMENT NO. 1 PLANNING DEPARTMENT Page 4 PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING OF JANUARY 23 , 1979 PAGE FIVE RE : FP-274-79 , FINAL PLAT APPROVAL - 79-LOT SINGLE FAMILY RESIDENCE SUBDIVISION - VICTORIA PARK DIVISION 4 13 . The final plat must be revised to include the required building setback lines . 14 . Additional departmental comments are attached for consideration . P . DEPARTMENTAL RECOMMENDATIONS : Based upon the above analysis , approval is recommended for final plat for Victoria Park No. 4 subject to the following conditions : 1 . Completion and acceptance of all on and off-site public improvements or bonding for same prior to recording of the final plat. 2 . Include in the storm drainange easement between lots 18 and 19 a walkway easement designation to provide pedestrian access from South 31st Street to the open space of Tract "A" . 3. Pathways shall consist of five foot wide asphalt or concrete section connecting cul -de-sacs to other streets or existing walkways . 4 . The final plat map shall be revised to include building setback lines prior to City Council action on this final plat. 5. Prior to recordation , all certifications required shall be obtained . ATTACHMENT NO. 2 Page 1 SYNOPSIS - PLANNING DEPARTMENT ANALYSIS PRELIMINARY PLAT 102-77 , DECEMBER 20 , 1977 1 . The proposed plat is consistent with the Comprehensive Plan , Land Use Element , and the Land Use Report 1965 ( Residential , page 11 , and Objectives 1 , 2 , and 6) . 2. The proposed plat is consistent with the specific lot size and dimension requirements of the SR-1 zone , and the require- ments of Section 9-1106. 2 and 9-2208. 3. The Public Works Department advises that off-site street improvements to Talbot Road are required , including , but not limited to , curb, gutters , sidewalk , paving , and: storm drainage . 4. Suitable utilities are available to the subject site . The Utilities Division and Engineering Division have approved the utilities plans for the proposed plat . However , any recommendation should be subject to final review and approval of the Engineering Design Division . 5. The storm drainage plans have been reviewed by the Engineer- ing Division . The Engineering Division is reviewing the possibility of permitting a certain amount of run-off to be piped to the greenbelt/wetland area along the bottom of Talbot Hill near SR-167 , as a means of ensuring its continued wetland character, particularly after the Valley drainage project (P-9 Channel ) is constructed. 6. The Traffic Engineering Division and the Fire Department have approved the proposed plat street layout , circulation system, and lot configurations , including the proposed pipe- stem lots . 7 . The proposed greenbelt area consists of approximately 5 . 3 acres , which is 18 . 4% of the subject property. This provi - sion for greenbelt areas is consistent with the existing platted areas of Victoria Park , the Comprehensive Plan Land Use Report 1965 , Objectives 2 and 5 , pages 17 and 18 , and Section 9-1108. 19. B. 8 . The applicant has proposed that Victoria Park #4 be annexed to the existing Victoria Park Homeowners Association . This will provide consistency in maintenance and use of the openspace areas and create a more harmonious compatible residential neighborhood . (See attached copy of proposed restrictive covenants . ) 9. The exception for the two proposed pipestem lots is necessary given the configuration and location of the existing and pro- posed greenbelt areas , the existing steep topography , and the proposed circulation system. These physical circumstances act as a constraint on providing additional street access to those areas . Lengthening proposed cul -de-sacs or providing addi - tional ones would not be beneficial to the overall plat would disturb areas within the platted portions of the site that may be possible to retain in a relatively natural state , and could possibly alter the configuration of the proposed green- belt and impact the existing greenbelt. The only other alter- native would be to eliminate these two lots and add more area to surrounding lots and greenbelt areas . However , surrounding lots already meet or exceed ordinance requirements and sub- stantial additional greenbelt areas have already been proposed by the applicant . (Section 9-1109. 1 . A. , B. , and C . ) ATTACHMENT NO. 2 Page 2 10. Adequate provisions for pedestrian access to the green- belt areas have been provided via minimum 15 foot walkways at the end of each cul -de-sac . A minimum six foot paved pathway should be provided . ATTACHMENT NO. 3 Page l PP-102-7 :- Page Seven E-107-77 these lots upon completion of the major construction work on the site. CONCLUSIONS: 1. The proposal conforms to the goals and objectives of the Comprehensive Plan and Land Use Map, the Land Use Report and the Arterial and Streets Plan. 2. This hillside location warrants special consideration of the existing natural features in the plat design. The record and evidence indicates that the proposal has accordingly been appropriately designed. The public interest is served in the proposal. 3. Concerns over the proposed southerly access stub (southeast corner of the site) are obviated by the fact that the southerly property owner possesses an access easement to Morris Avenue South. Therefore, rightful and lawful access exists for that property. It can be reasonably assumed that any traffic generated by this property will use the proposed Whitworth Avenue South (through the proposal) as much as or possibly more than Morris Avenue South. Regarding the alignment of this southerly stub road, resolution is required by the applicant, southerly property owner (Courtney Bates) , and city staff. Included in the discussion would be storm water considerations affecting Mr. Bates' property. In the attached memorandum of January 5, 1978 from the Public Works Department, it was stated that this access connection was necessary in terms of comprehensive traffic planning in this immediate area. The expectation was offered that Morris Avenue North would not experience a significant increase in traffic from the proposal and subsequent development of Mr. Bates' property. Concerning the 20-foot access easement to Talbot Road South (Exhibit #9) , the applicant and Mr. Bates need to resolve the problems this easement presents to the proposal. 4. Along Talbot Road South pedestrian access to the proposal will probably occur through the proposed open space tract; but some people will use the proposed South 27th Place. In all of the other cul-de-sacs within the proposal is included pedestrian access to or from the proposed open space areas. It seems appropriate to feature similar pedestrian access from the proposed cul-de-sac of South 31st Street to and from the open space area along Talbot Road South. 5. The proposed water line connection to South 27th Street will be of primary benefit to existing Victoria Park. In the attached memorandum of January 5, 1978, from the Public Works Department it was stated that the connection will also benefit the proposal. The result will be a connection of two water systems, thereby providing additional and/or stable water pressure to both developments. 6. While it may be desirable for the proposal to be a part of the Victoria Park Homeowner's Association, a requirement for such cannot reasonably be made of the applicant. Traffic safety and control should be evaluated for the intersection of Talbot Road South and the proposed South 27th Place. Any requirements of the Public Works staff can be noted on the plat prior to the final plat hearing. 8. Disagreement existed over who would construct the pedestrian paths at the end of the four cul-de-sacs. Since the paths are a part of the proposal their construction is an obligation of the applicant, not the Victoria Park Homeowners' Association. Aside from sidewalk design specifications in the street cross-section requirements of Sections 9-1108.7.H and 9-1108.9, criteria is lacking pertaining to construction of the pathways in question. The Planning Department recommendation of 6-foot paths was uncontested; however, the recommendation for paving the pathways apparently caused concern due to the cost of such construction. Other than paving,reasonable alternatives may or may not be available and/or appropriate for this development. Further research and consideration is required which can be included in the review of the final plat. 9. Pipestem lots numbers 39 and 53 meet the criteria of Section 9-1109 (Exception) . Unique physical constraints and open space area considerations impact the proposal (Section 9-1109.1.A. ) . The applicant' s rights and privileges are not impacted (Section 9-1109.1.B.) ; however, the exception will not injure the public welfare or other properties (Section 9-1109. 1.C. ) . These two lots must meet the construction requirements of Chapter 11, however, the AT L'AC.'LiMCLV L LVU. 1 Page 2 PP-102-77 Page Eight E-107-77 specified 10-foot driveway can reasonably be constructed after major construction work is completed. But it is appropriate to require that these driveways be completed prior to final inspection by city officials of the homes occupying the lots. 10. Off-site improvements have not been deferred (Section 9-1108.21) . The final plat is not to be heard until these improvements are installed or deferred (Section 9-1108.21) . 11. Open space tracts (greenbelts) that are proposed should be protected by appropriate restrictive covenants which should be coordinated with the Planning Department. In the event that the Victoria Park Homeowners' Association does not annex the proposal, the covenants should include provision for a separate homeowners' association and appropriate by-laws or controlling regulations. These covenants are to be submitted with the final plat application. 12. Due to the hillside location of the proposal and transection by two ravines and streams, extraordinary consideration of existing vegetation is required. Open space areas should be preserved in their existing natural condition. On other portions of the plat as much of the existing vegetation as possible should be retained. The streams and ravines should be retained in their natural conditions as much as possible. Therefore, clearing, grading or cutting should only occur upon approval of the Planning Department. RECOMMENDATION: Based upon the record, testimony, findings, conclusions and attached memoranda from the Planning and Public Works Departments, it is the Examiner's recommendation to the City Council that the proposed preliminary plat be approved subject to: 1. Resolution of the location of the southerly access road to the Courtney Bates property, including storm water drainage considerations. affecting his property. Easement access approved by iy Louncii . 2. If possible, inclusion of pedestrian access, similar to that already proposed in the plat, in South 31st Street to connect to the westerly open space tract. 3. Construction of the water line connection from the proposal to South 27th Street per approval of the Public Works Department. 4. Resolution by the Public Works Department of traffic safety and control at the intersection of Talbot Road South and South,.27th Place. 5. Resolution by the Planning Department of the construction dtails and materials of • the pedestrian paths at the end of the proposed cul-de-sacs. The applicant is to construct these pathways. 6. Construction of 10-foot driveways for lots 39 and 53 prior to final inspection by city officials of the homes on these lots. 7. Submittal with the final plat application of restrictive covenants providing for the open space areas and a separate homeowners' association contingent upon rejection of the Victoria Park Homeowners' Association. These covenants are to be coordinated with the Planning Department and will include appropriate conditions as specified herein and, if appropriate, the submitted covenants (Exhibit #8) . 8. No clearing, grading or cutting of existing vegetation is to occur without approval of the Planning Department. 9. The existing streams and ravines are to be retained and maintained in their existing, natural condition as much as possible per approval of the Planning Department. 10. Approval by the Public Works Department of the storm water drainage plans. 11. Approval by the Planning Department of building setback lines to be established on the final plat plan. 12. Resolution by the applicant, and satisfactory evidence thereof, of the easement specified in Exhibit #9. 13. Preparation of the final plat in conformance with Exhibit #3 and the aforementioned conditions. • % L'F (3 0 9 *�® � • h`` `I_,�j , -Z it Q I�J I'1 `\`I• .. r �N T. g •m • x l 1 1 • IS 1F CI= ,� v • i 'Aix F 16 MiJ'Na mg?. , i� � W w®A�e, + 5 Ix f az © u tvc N m���i 4 271N LT. $�^` f 3. �9 ► "NM" 'r ��a w --— - _- —— �'f : ` 7ry4�G`.'l x u L_x_ a • /� . a .v 1 a�7'. O s b :II . , �.. _ 6 .2,,,r BT,a, i. s 111 +o t x5_ ..n u s W xf xa s ' �t. . iii � �. . l'� —._ten ..___— i S xl - -__, _ H 4 r - - •2 • 3 F— _ --- I-- A - _ 1 SU®SECT . E ' x° t scram „ - — —1 p_ a -- n I. Id ' �:Li I 'x i ,f 14 —J �-e- - �- �i i } 9 I _ .1_4f) il :/ , •.4,4 is. r l-' • , . t 1 • 1 b� , , z r W , ., .:,, Q , It pi , El!ili!ii ! -;'- '., : '--------- /..3,_. / \ .......:::... ,.,,, : , 4,0 1,..,-."--:::: .,. . , .. " FINAL PLAT APPROVAL : VALLEY CEMENT CONSTRUCTION , INC . 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APPLIC !N(S ✓ir 01 4-ge 11 M/,mer i/Par €99---- 71—_ IN ORDER TO BE INCLUDED IN THE REPORT TO THE HEARING EEX�d RETURN ANY COMMENTS TO THE PLANNING DEPARTMENT BY : REVIEW BY OTHER CITY DEPARTMENTS : Department : L /%C=-- El-Approved U Not Approved Comments or conditions : 7 / / ' c Date Signature,,of Director or Authorized Representative ROUTING SCHEDULE FOR APPLICATION TO: 0 Finance Department 8 Fire Department Library Department oPark Department 0 olice Department Public Works Department o Building Div . Engineering Div . (Please verify legal descripti ( o Traffic Engineering Div . o Utilities Engineering Div. FROM: Planning Department , (signed by responsible official or his d signee )tiedDATE : 44/71 PLEASE REVIE THIS APPLICATION FOR : APPLICANT : / /df yL LOCATION : Jog e A---do iff APPLICI 'N(S : Oe - ' d. /JH/øtPF "/ e -- 7 IN ORDER TO BE INCLUDED IN THE REPORT TO THE HEARING EEX ' RETURN ANY COMMENTS TO THE PLANNING DEPARTMENT BY : REVIEW BY OTHER CITY DEPARTMENTS : Department : Approved of Appr ed Comments or conditions : , cXY,,;;(—;we _ Z74/7 Signature of Director or Authorized Representative Date ROUTING SCHEDULE FOR APPLICATION TO : ' ni ance Department -- 410 Fire Department Library Department ® • Park Department ® Police Department ® Public Works Department 0 Building Div . QEngineering Div . (Please verify legal description \ --- riffic Engineering Div . ;ti( ---"---- • Utilities Engineering Div . FROM: Planning Department , (signed by responsible official or his d- signee ) ,..) 4 , If , a Gig DATE : 00, PLEASE REVIE THIS APPLICATION FOR : APPLICANT : //44",‘/ ,, LOCATION : 0 ed- ' `, .. APPLIC eN(S : 1/Ie4 / f ,#_ ta/f//i,,v,„ei/ 1 a r a --- 7y IN ORDER TO BE INCLUDED IN THE REPORT TO THE HEARING EEX RETURN ANY COMMENTS TO THE PLANNING DEPARTMENT BY : REVIEW BY OTHER CITY DEPARTMENTS : Department : 1—f .-- . NZ Approved Not Approved Comments or conditions : /37/7? . , Signature f Direc or or Authorize Representative f Date REVIEW BY OTHER CITY DEPARTMENTS : Dep fitmenprot : j,.CTrl_I i rC(> ('Apved ( Not Approved Comments or conditions : ), 1 - )\/ ) , I � 2./4/75 Signature of Director or Authorized Representative Date ROUTING SCHEDULE FOR APPLICATION TO: 0 Finance Department 8 Fire Department Library Department ® Pk Department 0 , ' olice Department '`' Public Works Department ® ilding Div. Engineering Div . (Please verify legal descriptic ® Traffic Engineering Div . Utilities Engineering Div . FROM: Planning Department, (signed by responsible official or his de gnee) (. :) p ,,a DATE : 405 PLEASE REVIEW THIS APPLICATION FOR : APPLICANT : t/ /i •' ACI(, LOCATION: g7g0 71/u/ Ld'' APPLICATION(S) : Pi Pi i' ''°' r 000-- 79— IN ORDER TO BE INCLUDED IN THE REPORT TO THE HEARING RETURN ANY COMMENTS TO THE PLANNING DEPARTMENT. BY : REVIEW BY OTHER CITY DEPARTMENTS : Department : ,-�-°6f ieic ttCr�L0t?. plc. IMF Approved Not Ap ved Comments or conditions : i) W 61.. ,././Q,L.ii, e,..,_ _- (.;, ,i , a...,,,_ ,,,,,...,„.....-&_ 6,,,,,z___ 2). 5?..,..,t, 0..,".... .,-,..z._ , ,,......... -;_s_ 5/ If /7 r,V/7 /// 7, L,- 1,-, v-;'.1-.f,, ,,,,,'-'t-c_____ r>---)1 ‹:(3.3,e, 0/7/7? Signature of Director or Authorized Re `reesentative Date cam, 2 ~6 7? . ROUTING SCHEDULE FOR APPLICATION TO: O Finance Department 0 Fire Department Library Department 0 Park Department • ® Police Department ® Public Works Department 0 Building Div. 0 Engineering Div. (Please verify legal descriptil Irffic Engineering Div. __�_, d — --T,-- cy Utilities Engineering Div . FROM: Planning Department , (signed by responsible official or his de) )gnee) ie dd.,,,iti,esDATE : Ah9 PLEASE REVIEW THIS APPLICATION FOR : APPLICANT : 1 / / ''` LOCATION: 0 _V 0 /fJ;/ Ld/ APPLICATION(S) : f✓/ ! AW f fr,44 419 /FW4 La 'Zilfr 0,5261'"''. 79 IN ORDER TO BE INCLUDED IN THE REPORT TO THE HEARING M t , RETURN ANY COMMENTS TO THE PLANNING DEPARTMENT BY : REVIEW BY OTHER CITY DEPARTMENTS: Dep tment : /'/� DJ Approved Not Approved Comments or conditions : -vim g//7 Signature of Director or Authorized Re resentative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Li7a..i%rG5 f Approved EI Not Approved Comments or conditions: Pj i L L t 511L(�5 Ft>.L L.vn t V il- c l i,C.t i)'(--- C(1-:tiC IPiP : z,IJ L1l0ra,_LA7rJ,,i r--- --.7.9 ) . / 7 Z, //7(7 �,C)1 , `�': Date Signature -of Director/ or Authorized Representative