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HomeMy WebLinkAboutLUA-08-089_Report 4Robert Lyon 10817 SE 170th Street Renton, WA 98055 (applicant) Fereshteh Dehkordi CPLN LUSD MS OAK DE 0100 ' (party of record) PARTIES OF RECORD BENSON HEIGHTS SHORT PLAT LUA08-089, SHPL-A Steve Botheim, Supervisor CPLN LUSD MS OAK DE 0100 ' (party of record) FGMU/DDES ' (party of record) Kim Claussen PPMIII CPLN LUSD MS OAK DE 0100 ' (party of record) Ray Florent, Chief Surveyor CPLN LUSD MS OAK DE 0100 ' (party of record) Mark Follmer, Prelim Review Engr ERS LUSD Curt Foster, Sr Engr ERS LUSD Lanny Henoch, PPMIII CPLN LUSD MS OAK DE 0100 ' (party of record) Steve Townsend, Supervisor LUIS/LUSD ' (party of record) Ariel Cruz 3318 30th Avenue SE ste: #8506 Seattle, WA 98126 (party of record) Updated: 09/17/08 MS OAK DE 0100 ' (party of record) Kelly Whiting, KC DOT Road Svc Div MS OAK DE 0100 ' (party of record) Lynda A. Greene 10824 SE 170th Street ste: #B206 Renton, WA 98055 (party of record) MS OAK DE 0100 ' (party of record) Leondard Difrancesco 105 Harvard Avenue E ste: # 106 Seattle, WA 98106 (party of record) Ngy Teng 17003 -105th Avenue SE Renton, WA 98055 (party of record) (Page 1 of 1) Denis Law Mayor July 17, 2013 Department of Community and Economic Development . C.E. ·chi p"Vi ncent, Administrator Marcia L. ·Maehren Trustee of Marcia Maehren 2002 Trust PO Box 494303 Redding, CA 96049 SUBJECT: ·Request for Extension Benson Heights Short Plat (LUAOB-089) . . Dear Ms. Maehren, · We have received your request to extend the period of validity for a short plat that was applied for in King County, and later transferred to Renton upon annexation. We understand that you are.the current owner of the subject property. This office has reviewed your request to extend the approved Benson Heights Short Plat, which was approved on August 5, 2008. The project was approved and considered to be valid for five years, per the King County Code period of validity for short plats. Therefore, the short plat was to expire on August 5, 2013. Per Renton Municipal C:ode 4-7-070;M, one additional one-year extension is permitted which. vou have requested. Therefore; the extension of the short plat is app~oved subject to one condition. The City is permitted. to attach conditions to the extension request, and as such the following condition is added: 1 •. Future duplex homes constructed on the short plat will be subject to the City of. Renton's Residential Design Standards (RMC 4"2-115) for the R-10 Zone which will be· reviewed at the'time of building permit application. A copy of the R~sidentialOesign Standards is attached. Please contact Roca le Timmons, Senior · Planner ;it (425) 430-7219 if you have any questions regarding this letter. You s.hould be aware that this is the·only extension that y,iill be granted. If the final short plat is not reco.rded by August 5, 2014 it will expire and cannot be extended again. Sincerely, C. £. \J '---' ~-~ -:sJ C. E. "Chip" Vincent Plannfng Director A~chment: Residential DeSign Standard~-RMC4-2-115 cc: Neil Watts, Development Services Director · Jennifer Henni_ng, Planning Manager' Roca le Timmons, Asso·ciate Planner StatyTucker, Secretary Carrie Olson, 'Engineerii_:lg Specialist Project File · Dale Meyers, John L Scott.Real Estate (via email) Arie_l Cruz, Owner'/ Applicant 3318 301h Ave SW, #B506 Seattle, WA 98126 LD Engineerilig, LLC Leonard Difrancesco 1005 Harvard Ave E, #106 · Seattle, WA 98102 Renton City Hall • lOSS South Grady Way • Renton, Washington 98057 • rentonwa.gov Laureen M. Nicolay From: Sent: To: Cc: Subject: Attachments: Hello Dale, Jennifer T. Henning Friday, July 12, 2013 3 s;z PM 'DaleMyers@comcast.net' Rocale Timmons; Laureen M. Nicolay; Chip Vincent Benson Heights Short Plat (LUA08-089, King County File No. L08S0007) Benson Heights Short Plat Decision.pd/; pre-app(l).pdf I've reviewed the land use file and decision for the Benson Heights Short Plat; a copy of the Decision is attached for your use. As you will see on page 11, under "EXPIRATION" the administrative short plat decision expires two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC4-7-070M. The date of the decision issuance was August 5, 2008 (see page 10 of the report). This means that the decision expired on August 5, 2010. We do not have any record of a written request for an extension. As no extension for the additional one (1) year was requested prior to the expiration date, the application expired. For a period of time, the Renton Council did allow the Planning Director to extent the normal period of validity for land use application and subdivision approvals that were valid on or after the effective date of the ordinance for an additional two (2) years beyond the standard expiration dates; however, this extension needed to be requested by the applicant and granted by the Planning Director, and allowed the City to attach additional conditions to the short plat. No written request was received to extend the Benson Heights short plat project prior to its expiration. This Code provision automatically expired on December 31, 2010, and it is no longer in the City Code. Therefore, a new short plat application will need to be submitted to City of Renton for processing. The short plat will need to comply with City Code. The good news is that short plats are processed relatively quickly, in 6 to 8 weeks, from the time that the application is determined to be complete and the public comment period begins. In addition, there is a flat fee to apply, as opposed to the hourly rate that King County charged. There may be some materials from the original file that you may be able to reuse. I recommend that your client take advantage of the free pre-application process and submit materials to determine what changes are needed in order to comply with current codes. Jennifer Henning, AICP Current Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430. 7286 1 , I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON ) ) IN RE: APPEAL BY ROBERT LYON OF \ BENSON HEIGHTS SHORT PLAT ) ) ) ) ______________ ) No. LUA 08-089 STIPULATION AND ORDER RELEVANT FACTS Applicant Ariel Cruz ("Applicant") via his Engineer Leonard Difrancesco of LD Engineering, LLC submitted an application for subdivision of a .39 acre parcel located at I 080 I SE 1701 h Street, in Renton, W J\ into a 5 lot short plat. This application was originally submitted to King County Department of Development and Environmental Services (KC ODES) for review on February 12, 2008. Before King County ODES could issue a decision on the preliminary short plat, the subject property was annexed to the City of Renton as part of the Benson Annexation (Ordinance #5327) effective on March 1, 2008. Based on this annexation, Benson Heights Short Plat is now within the jurisdiction of the City of Renton. However, given the length, familiarity and knowledge of the project by King County, the County staff reviewed and completed the application and made a recommendation of approval. This recommendation was forwarded to the City of Renton. After reviewing King County's STIPULATION AND ORDER -I Warren Barber & Fontes P.S. Inc l 00 South Second Street PO Box 626 Renton, WA 98057 ,. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recommendation, the City of Renton adopted the recommendation and issued a notice approving the plat. Robert Lyon ("Appellant") who owns property located at I 0817 SE 170th Street in Renton, WA, filed a timely appeal to the City of Renton. He simultaneously filed a Request for Reconsideration setting forth several issues including parking, lot numbers and drainage issues. The City of Renton issued a reconsideration decision on September 17, 2008, which also provided further explanation and clarification regarding Appellant's issues but maintaining the decision to approve the plat. Based on the reconsideration, Appellant indicated that he was still pursuing the appeal of the short plat, but was limiting his appeal to drainage issues pertaining to the short plat. On October 21, 2008, Appellant, Applicant(s), the City of Renton and representatives from King County appeared before the Renton Hearing Examiner. Midway through the hearing, the parties informed the Hearing Examiner that a stipulated settlement had been reached. The Hearing Examiner continued the hearing to allow the parties to draft the terms of the settlement and present it to the Examiner for entry of the order. This Stipulation and Order now follows: STIPULATION 1) Applicant and Appellant hereby enters this agreement subject to acceptance and approval by the City of Renton and upon entry of this order by the Hearing Examiner. 2) Applicant proposes to implement the following actions for the benefit of Appellant's property. The detailed specifications of this proposal has been shown in the revised conceptual drainage plan, attached as t'xhibit A: STIPULATION AND ORDER -2 Warren Barber & Fontes P.S. Inc I 00 South Second Street PO Box 626 Renton, WA 98057 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. B. 29 linear feet of 12" new storm pipe will be extended within the SE 170" Street Right Of Way to the shared property line of the said properties and a new catch basin (Type I) will be installed. 8 linear feet of new 6" PE drain will stub out to a location within and near to the northwest corner of properly I 0817 SE 170" Street. The existing 4" drain from 10817 SE 170" Street will be abandoned at the property line. 3) Once the Applicant has constructed the drainage plan as set forth in paragraph 2 and Exhibit A, Appellant shall be wholly responsible for any and all work necessary to connect Appellant's onsite drain(s) to the provided stub as set forth in above once the stub becomes available. Applicant hereby grants permission to Appellant to connect Appellant's drainage to the stub and extended storm pipe. 4) In consideration for the implementation of the revised conceptual drainage plan as set forth in paragraph 2 and Exhibit A, Appellant agrees to withdraw his appeal of the Benson Heights Short Plat, LUA 08-089. Appellant further agrees to waive his right to appeal any and all other appeals related to the development of the plat located at 10801 SE 170111 Street, in Renton, WA. 5) Both Applicant and Appellant understand that the terms of this agreement as set forth in the revised conceptual drainage plan (Exhibit A) is still subject to final review and approval of the final drainage plan by the City of Renton. The City of Renton will assume responsibility for this project from King County for all aspects of this project. Therefore any and all future follow up requirements, including but not limited to, the engineering review, permits, approvals, etc will be submitted to the City of Renton. STIPULATION AND ORDER -3 Warren Barber & Fontes P.S. Inc I 00 South Second Street PO Box 626 Renton, WA 98057 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER Based upon the foregoing stipulation which is adopted herein, and whereas Applicant has agreed to the terms set forth above, and Appellant now seeks to withdraw this appeal, IT IS HEREBY ORDERED, I. That this matter is referred by to the City of Renton Development Services for processing and administering of the revised conceptual drainage plan and any further review; and 2. That this matter is now dismissed with prejudice. DATED: this~ day of November, 2008. PRESENTED BY: WARREN BARBER & FONTES, PS Ann Nielsen, WSBA #31425 Assistant City Attorney for City of Renton Leonard Difrancesco, M.S., PE On behalf of Applicant Ariel Cruz Fred Kaufman, Hearing Examiner 23 Robert Lyon, Appellant 24 25 STIPULATION AND ORDER -4 Warren Barber & Fontes P.S. Inc l 00 South Second Street PO Box 626 Renton, WA 98057 • 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION AND ORDER -5 Warren Barber & Fontes P. S. Inc I 00 South Second Street PO Box 626 Renton, WA 98057 NOTES OF EXPLANATION I 0/20/2008 MF J~ z:t'u #/~af,C~c/At:Jo/ C&n~ t!',t_( The project complies with the King:i'County Surface Water Design Manual. There are eight core requirements that must be satisfied. These two would seem to be in question: #1: Discharge at the Natural Location. Currently, the site slopes to the south where storm water runoff leaves the property in the form of sheet flow. With development, most runoff will be conveyed to the SE 170th Street storm drainage system, with the remainder continuing to flow to the south. Both flow paths recombine in the I 08th Ave. SE roadside storm drainage system. The Level 1 Downstream Analysis did not identify any flooding or drainage problems downstream from the site. With development, all water on the street, plus water from the rooftops will be piped to the street drainage system, where it will rejoin the previous flow path at the east side of 108th Avenue SE. The site frontage will be improved with curb and sidewalk. A catch basin will be added on the south side of 170th street that will drain across the street to the north, to an existing catch basin. Engineering plans and a targeted drainage review will be required. #2: Offsite Analysis We have followed the drainage course downstream to the point where it can be said that there are not potential problems downstream that would be adversely affected by this project. In addition, we have determined that this project wilJ not adversely affect upstream properties. ·----·---------· --·-·-·· -·-· -----------------------·-----·-·-----·- -------·------------------~-----,----··--·¥··--··--·----~· ~----,_ .... ---•"•··~··--· ..... -..-.•----------____ ....,. . .. --~ --,-~7 .. p~~~---~---~ -----~1~C7~~ -~~~71! ~~r ----· -7··-~ :=:_. -~--P"'r~ 1r~;;:;;.-n;L -------JN !l>l!J--"t:r -J!21/~---~-;"'7·--;o?fp7ocf . .. ·-------.. ··-·· .. -----~ -~ -------~-.. .. . .. -~~p?~~ry)~s-~~--s_~ w· ----t~~-~~~--~~:-~~-l!j~-~-d~). Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Robert Lyon 10817 S.E. 170th St. Renton, WA 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat CITY OF RENTON AUG 15 2008 RECEIVED CITY CLERK'S OFFICE #tl11d 1Je(r'r1erd August 14, 2008 File No. L08S0007 This is additional information regarding Item #2 in my letter dated August 13, 2008. This Report and Decision on Short Subdivision File No. L08S0007 was the first notice that I received that eight units were proposed for this Short Plat. My main concern is parking, as the current vehicle parking on the south side of S.E. 170th St. regularly impacts our driveway entrance and mail box. Also this Short Plat Plans indicate the removal of approximately I 050 sq. ft. of asphalt parking area on Lots A&B. Has King County addressed this parking issue, prior to allowing an eighth unit on this Short Plat? Thank You ~~ Robert B. Lyon CC: Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Robert B. Lyon I 0817 S.E. 170th St. Renton, Washington 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat August ll, 2008 CJ• r OF RENTON AUG 1 4 2008 11:30 /)I'll RECEIVEcl _ i,111 CITY CLERK'S OFFICE File No.: L08S0007 I am requesting an Appeal/Reconsideration on the following items: I. In my letter to King County dated March 15, 2008 (copy enclosed); I requested a copy of the plans with revisions to review prior to a final decision on this Short Plat application. To date I have not received that information. On August 13, 2008 I met with Rocale Timmons, Associate Planner City of Renton and requested a copy of the drainage revision made June 25, 2008. She indicated that she did not have a copy of drainage plans or revisions. She requested that I contact King County for these items. I contacted Fereshteh Dehkordi, Project Manager DDES, who referred me to Curt Foster Sr., Engineer DDES who indicated that I should talk with MarLI't1llt1!ei, Preliminary fo / / ,.-v1er Engineer Review DDES. I told Curt Foster that due to the uncertainty of who was responsible to provide this information in the transitional process between King County and the City of Renton I would request an Appeal/ Reconsideration. I have also enclosed my letters to King County dated March 12 and 18, 2008, regarding these revisions. 2. I am also requesting clarification to Section F, I Lot Pattern and Density. Is this Short Plat proposed for 7 or 8 units? Thank You ~tt;,f, ~:;-B.Lyon King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 15, 2008 Thank you for your quick response to my phone call regarding my existing drain outlet, which would end under the proposed concrete patio pad of Lot #3 Cruz Short Plat. You indicated that you had spoken with Leonard Difrancesco the Plat Engineer about this item and that he has agreed that the connection of my drainage line to the new drainage system would be noted on the plans as a condition of the Cruz Short Plat approval. You also said that there would be an extended asphalt ramp installed from the east end of the sidewalk, but that I would be responsible for the asphalt driveway apron to my property. I am requesting a copy of the plans with the revisions, to review prior to a final decision on the Cruz Short Plat application. Thank You, ff:Jd,~ Robert B. Lyon 10817 S.E. 170 th. St. Renton, Washington 98055 Ph# 425-255-0395 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057-5212 Robert B. Lyon 10817 S.E. 170th Street Renton, Washington 98055 Ph# 425-255-0395 TO: Fereshteh Dehkordi DOES Project Manager RE: Cruz Short Plat File No.L08S0007 March 12, 2008 This is a follow-up letter to the hand written questions that I gave to Lanny Henoch, on March 11, 2008. l) Where do I re-direct the outlet of my current drain line? 2) Approximately 90% of the drainage now flowing to the proposed Area Drain #1, enters from the existing Right of Way on S.E. 170th St. Is this the accepted policy of King County and the City of Renton, to allow drainage from the existing Right of Way, back into a private drain line? 3) I noted on March 11, 2008, that building a fence on the property line would obstruct the flow to Area Drain #I. As of March I, 2008 the Right ·of Way on S.E. 170'h Street has now been annexed to the City of Renton and the drainage from the Right of Way impacts the drainage facilities proposed by King County Land Use Service Division on the Cruz Short Plat. I am requesting in writing the procedures King County wants me to take in addressing this drainage issue with the City of Renton. Give me a call (425)255-0395 if you wish to schedule a meeting. Sincerely, ~t,~ King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 18, 2008 Leonard Difrancesco (Plat Engineer) came to talk to me on March 17, 2008 and proposed a tight line to my footing drain for property drainage. At that time I mentioned to him that a tight line would not collect all the necessary drainage. I have drawn up a plan to collect this drainage (shown on attached drawing), which includes 65 feet of 4 inch perforated pipe with drainage rock. As there is no information as to who is responsible to maintain the drainage outlet to private property.(South property line between Lots 2&3) which would include the right to enter the property, the cutting of heavy grass, and the removal a considerable volume of maple leaves each fall (see plans for location of five maple trees). I am requesting that the proposed drainage on S .E .. l 70'h Street be extended to the east property line of Short Plat with a catch basin, and that my drain enter the drainage system at the right-of-way on S.E. 1701h Street. Please give me a call to schedule a meeting to review and discuss any of the issues addressed in this letter. cc: Leonard Difrancesco ~,.(+ . I 0817 S.E. 170'h St. Renton, Washington 98055 Ph# 425-255-0395 SHED ,·,:! ()• ,._, 1.11 ,,::~ !}' Q ff • 423.4 Ill) ( 0 • n , ro , l7; I L,... I _J ' \ N I \~ / I I ..... -····· ....... ·--:.· ···-- 20 ~ -~-- ~I P.-; ::r:: E:--< m S, 10 20 ~ ( IN 1 Inch • e CITY OF :RENTON Receipt ;\Je 1182 ' -City OerkJ)ivision +~ + 1055 South Grady Way 1:i 0~ Renton, WA 98057 Date D'/L}08 ' _N'Y: 425-430-6510 D Cash D Copy Fee D Notary Service D Check No. 'P Appeal Fee D Description: ~&)i,J ~ fu lk.v,._<;;:tM. \b ~'v\..b 0 P 1:i-L<J,fsooo 1 Funds Received From: Name Address City/Zip ~kt b-140Y'l \O'i'I', s~ no\'> fit_ ~~WA °tWSS" _ ... ,,___ .......... ,.::., .. .:. ... ,, __ . [Amount$ ,5.00 ·~~ City Staff Signature Hearting Examiner City of Renton 1055 South Grady Way Renton, WA. 98057 Robert Lyon 10817 S.E. !70'h St. Renton, WA. 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat Attention:. Rocale Timmons File No. L08S0007 In my phone conversation with you 9-22-08 I stated that I was proceeding with · this Appeal and requested that a meeting be set up with so that I could review and make and copies of King County documents which I do not have related to the drainage issues on my property (which then impacts the Benson Heights Short Plat). I will bring my file for your review to determine if there are any drainage related documents in my file which you do not have. I am requesting copies of the following King County Documents: 1. Drainage Investigation Report #2006-0668 with pictures and Report from King County Roads. 2. Drainage Investigation Report #1989-0800 3. The file on the installation and correnpondence relating to the 21 inch drain line and catch basin installed across S.E. 1701h St. and parcel# 29230599026 . (Benson Heights Short Plat) 4. Building Permit for 10819 S.E. l 70'h St. Project #B06L0824 Parcel #2923059128 Lot#2 KCLLA I am requesting direction on how I should preceed with my Appeal. I think that a meP,(ing with the City of Renton Drainage Department would be the place to start. My drainage request is that the proposed drain line be extended to the east property line of Benson Heights Short Plat with a catch basin and sho11 stub line to allow my drain line to enter the drainage system at the Right-of-way on S.E. 170 th St. Because of oversights or decisions by King County my existing drain line which was blocked off and not reconnected when the 21 inch line was installed. The Building Permit for the recent construction for I 0819 S.E. l 70'h St. required no drainage plan, even the drainage review was waved. Both of these issues have not only created a drainage problems on my property, but I have been left with the cost to address and · correct these drainage problems. This line and catch basin requested would allow for a future drain line to the east to address the remaining 375 feet in this drainage basin. The stub from the catch basin would allow for connection to Area Drain # I . Background History: Prior to 1986 Julius Carpenedo, Property owner to my west, Parcel#2923059026 (now the Benson Heights Short Plat) installed a new 21 inch drain line across S.E. 170th St. and his property to provide the necessary space for a second duplex to be built. In 1987 I experienced major flooding problems both in my basement and on my property. At that time I called King County to question wether the easterly drain line had been reconnected to the new drainage system. After a review by King County I was told that the decision to relocate this drain line was done without an on-site field review, and that the drain line to the east must have been disconnected and not re-connected. They said the line was not on their drawings and that it was the property owners problem. I then reqested to connect at the new catch basin and was told I couid not as it was seven feet on private property, I then requested to connect in the Right-of-way and was told the line was not approved. At that time to prevent further damage to my property I installed a temporary line to the south end of the new drainage system. King County would give me no further information regarding connecting to this line. In my discussion with the property owner he indicated that the County wanted more Right-of-way than he thought was necessary.(! guess we need the file for the whole story). The downstream drainage section directly west of the 21 inch drain line outfall was not maintained by the ajacent property owners for more than twenty years, over these twenty years I removed sediment, blackberry vines, maple leaves and limbs. When I talk to King County Drainage Investigators Alan Meyers P .E. ( 1998) and Shawn Bergrud (2006) I was told there was nothing they could do about it even when sections were being filled with wood chips. Both of these properties have been occupied with renters. And the last time I spoke with the owner of the property to the south he requested that I stay off his property. To add to my drainage problem in 2006 King County allowed a new home to be built directly east of property without a drainage plan or review. See Drainage Investigation Report 2006-0668 and pictures. Looking for direction in this transitional process, and believing that this is the time it can be solved. ~~~ Robert B. Lyon LD Engineering, U.C Land Development & Geotechnical Services 105 Harvard Ave E, Suite 106, Seattle, WA 98102 Ph. (206) 412-6660 June 25, 2008 King County Department of Development and Environmental Services Attn: Fereshteh Dehkordi, Current Plannmg Section Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 Fax (206) 709-7776 Email : lend@hotmail.com ID) l,5 I~ I~ c_:C1\/; I'"' [Q)~o-lru Ls •".J '-'CJ l I j '1 JUN 2 5 2008 KING COUNTY RE: Respo~se to "Notice of.~eguest for Additional Information or Studies, KC F511~\..f Benson Heights Short Plat · Date Filed: 2/12/08 Date of Completed Application: February 20. 2008 Dear Ms. Dehkordi: We are pleased to respond to the above referenced comment letter dated May 1, 2008. Our responses are enumerated per this letter and appear in bold type as follows: Drainage: I. A I 0-foot wide drainage easement is shown along the property line between lots 2 and 3. The drainage easement must be relocated Lo be on one property only. Please revise the site plan to show the private casement along one lot. .,, 1. The drainage easement (running north-south between Lots 2 & 3) has been \"l removed from the plans since it is not needed. Instead of passing the upstream (offsite) drainage from the SE l 70'h Street shoulder through the site, it will be routed directly to the existing public storm system on the north side of SE 170'" Street via new grades and drainage system. See Sheet C3 for the drainage plan. 2. The proposal is to replace the existing 18-inch diameter pipe with an 8-inch diameter pipe with discharge at the existing location near the south property line. You may consider routing this pipe into the new catch basin to be installed along the south curb line of Southeast 170 Street and eliminate construction of a pipe within a private easement between the two proposed lots. Detailed in the previous response, the 18-inch pipe will be abandoned. Drainage will be to the street system. 3. There is an existing French drain that discharges near the south property line of new Lot 3. Please provide a letter of if intent from the property owner of tax Lot 9028 directly south of the site to allow for construction of this outlet pipe, rockery and any associated re-grading of the drainage swalc. Please add a note mdicating that the existing French drain pipe discharging near the outlet of' the 18" -diameter will be rerouted. • -~7_ 7-;.o f /t?: Oc/-S- ( c;oo..f) _,tt,,~ f-i; • 3. Neither outlet pipe nor rockery is proposed anymore. No grading is proposed on Lot 9028 to the south. Grading onsite will be limited to shortening the existing swale onsite, portions of which are no longer needed due to the removal of the existing 18"-diamter pipe. An onsite portion of the 4" French drain from Lot 9144 to the east will lengthened and shifted to the south, approximately 7 feet, discharging to the existing ditch centerline which will remain unaltered at the discharge point. See Sheet C3 for the revised grading and drainage plan. 4. Please add a note on the conceptual drainage plan indicating the area around Drain I to be sloped to drain. 4. The note, "SLOPE AREA TO DRAIN IN THE VICINITY OF AREA DRAIN #1" has been added to Sheet C3. Road, 2007 KCRS: A sidewalk ramp is required at the cast end of the sidewalk including an asphalt taper from the end of the ramp to the existing edge of the pavement. Please refer to KCRS Drawing 3-14. Please revise the conceptual drainage and road plan to show this . .,;,,; ,,The sidewalk concrete ramp per KCRS Drawing 3-014 & 10:1 asphalt taper ~,,~ have been added to the plans and arc shown on Sheet C3 in plan view. The ramp detail has been added to the Detail Sheet CS. Recreation Area: Based on R-18 density, 8 dwelling units may be created. The minimum density for this site will be 6 dwelling units. Please identify ultimately how many dwelling units (including the existing) will be built with the completed project. Based on the number of units, please provide sufficient recreation area ( I 70 sf per du). You may consider providing 1,360 square feet of recreation space for 8 dwelling units that can be placed on the site. The project will have 8 total units (2 existing, 6 proposed). The recreation space has been increased to 1,360 sf, which is based on 8 total units. Site Plan Sheet Cl has been updated to include the unit information and the adjusted recreation area. Please find included in this submittal, a copy 01· the original KC notice of request letter and six copies of the revised plans for your review. Sincerely, LD Engineering, LLC Principal Leonard Difrancesco, M.S., P.E. ~ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.metrokc.gov May 1, 2008 Leonard Difrancesco LD Engeering, LLC 105 Harvard Avenue E Suite 106 Seattle, WA 98102 RE: Notice of Request for Additional Information or Studies. KC File L08S0007 Date Filed: February 12, 2008 Benson heights Short plat Date of Complete Application: February 20, 2008 Dear Mr. Difrancesco: The purpose of this letter is to notify you pursuant to Ordinance 12196 that the Land Use Services Division is requesting additional information and/or studies to complete the review of your project. The information is described on the enclosed plat screening transmittal. When submitting the requested information, include a copy of the plat screening transmittal and retain a copy for your records. Provide a cover letter which lists how each item was addressed. Any clarification or explanation of the submittal can also be included in the cover letter. Please submit the information to: King County Dept. of Development and Environmental Services LAND USE SERVICES DIVISION ATTN: Fereshteh Dehkordi, Current Planning Section 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 If the submittal is hand delivered, submit it at the address above. Your application is on "hold" from the date of this notice, until the date you are advised that the additional information satisfies this request, or 14 days after the date the information has been provided. You will be notified if the Division determines that the information is insufficient. Please note that the supplemental information required after vesting of a complete application shall not affect the validity of such application. •, The deadline for the snbmittal of the necessary information is July 1, 2008. In the event you feel extenuating circumstances exist which may justify an extension of this date, you may submit such request, in writing, for consideration by this department. Failure to meet the deadline shall be cause for the Department to cancel or deny the application. If you have any questions regarding the additional information or the submittal deadline, please call me at (206) 296-7173. Sincerely, Fereshteh Dehkordi, Project Manager Current Planning Section, Land Use Services Division Enclosures cc: Mark Follmer, Engineer, Engineering Review Section, w/enc Lanny Henoch, Senior Project Manger w/enc Application File Ml King County King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057·5212 Drainage, 2005 KCSWDM Short Plat Screening Transmittal LUSD File No. L08S0007 Date of Information Request: May 1, 2008 Deadline for Submittal of Information: July 1, 2008 1. A 10-foot wide drainage easement is shown along the property line between lots 2 and 3. The drainage easement must be relocated to be on one property only. Please revise the site plan to show the private easement along one lot. 2. The proposal is to replace the existing18-inch diameter pipe with an 8-inch diameter pipe with discharge at the existing location near the south property line. You may consider routini this pipe into the new catch basin to be installed along the south curb line of Southeast 170 Street and eliminate construction of a pipe within a private easement between the two proposed lots. 3. There is an existing French drain that discharges near the south property line of new Lot 3. Please provide a letter of if intent from the property owner of tax Lot 9028 directly south of the site to allow for construction of this outlet pipe, rockery and any associated re-grading of the . drainage swale. Please add a note indicating that the existing French drain pipe discharging near the outlet of the 18"-diameter will be rerouted. 4. Please add a note on the conceptual drainage plan indicating the area around Drain 1 to be sloped to drain. Road, 2007 KCRS A sidewalk ramp is required at the east end of the sidewalk including an asphalt taper from the end of the ramp to the existing edge of the pavement. Please refer to KCRS Drawing 3-14. Please revise the conceptual drainage and road plan to show this. For any questions regarding the drainage and road requirements, please contact Mark Follmer at (206) 296-7039. Recreation Area Based on R-18 density, 8 dwelling units may be created. The minimum density for this site will be 6 dwelling units. Please identify ultimately how many dwelling units (including the existing) will be built with the completed project. Based on the number of units, please provide sufficient recreation area (170 per du). You may consider providing 1,360 square feet of recreation space for 8 dwelling units that can be placed on the site. If you have any questions regarding the recreation tract, please contact Fereshteh Dehkordi at (206) 296-7173. Please provide the following by July 1, 2008: 1. Six copies of a revised site plan 2. Six Copies of a revised conceptual drainage plan 3. A letter of intent from property owner of Tax Lot 9028 allowin::; reconstruction of the French drain. L08S0007 Screening ltr. u u King County HAR 212008 K.C,OQla; I.ANO uar •IFIY,oca: OIVIIION Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 18, 2008 Leonard Difrancesco (Plat Engineer) came to talk to me on March 17, 2008 and proposed a tight line to my footing drain for property drainage. At that time I mentioned to him that a tight line would not collect all the necessary drainage. I have drawn up a plan to collect this drainage (shown on attached drawing), which includes 65 feet of 4 inch perforated pipe with drainage rock. As there is no. information as to who is responsible to maintain the drainage outlet to private property.(South property line between Lots 2&3) which would include the right to enter the property, the cutting of heavy grass, and the removal a considerable volume of maple leaves each fall (see plans for location of five maple trees). I am requesting that the proposed drainage on S.E. 1701h Street be extended to the east property line of Short Plat with a catch basin, and that my drain enter the drainage system at the right-of-way on S.E. 170th Street. . Please give me a call to schedule a meeting to review and discuss any of the issues addressed in this letter. cc: Leonard Difrancesco Thank You ~,!~ 10817 S.E. 170th St. Renton, Washington 9805S Ph# 425-255-Q395 I ~[E(C[E~~[E~ MAR ?: 1 2008 !,~_:.·_}~}_: '· :~~ .. ::. .. ,.-' ~: ... -,;. . ; I .. , ; l I ,(.:.;: • . J,~v r • 423.0 +ltn u.. 0 . . w Vl 0 l"-1 ._. ,t, ~~co ..., xw r,. w C)" <'i ... ~ ~ vi r,: Cl) ::) <.? --, "' c, C-II .~:...: ~ ' ' . /' ; .. I \· --·-. \ I I I ' I j I . I <O . '"I l() ii ,w a.. • a:) u.. ..J, ! ! l-o _J .}"··· .. -··---... ,. ,. ' ' ..... _ ··-···.{ 12+96.0 , , -·-' 20 0 10 20 .. M .... -..-.--.. J---1 ____ ~ -.... , ' ( IN 1 Inch March 18, 2008 King County Department of Development and Environmental Service~ e Land Use Services Division D I.&; ~ t O \\./7 £2:~ 900 Oakesdale Avenue Southwest V LG o Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: HAR 21 2008 l..ANo /(.C, ODQ ~~ Leonard Difrancesco (Plat Engineer) came to talk to me on March 17, 2008 and proposed a tight line to my footing drain for propertY drainage. At that time I mentioned to him that a tight line would not collect all the necessary drainage. I have drawn up a plan to collect this drainage (shown on attached drawing), which includes 65 feet of 4 inch perforated pipe with drainage rock. As there is no information as to who is responsible to maintain the drainage outlet to private property{South property line between Lots 2&3) which would include the right to enter the propertY, the cutting of heavy grass, and the removal a considerable volume of maple leaves each fall (see plans for location of five maple trees). I am requesting that the proposed drainage on S.E. l 70'h Street be extended to the east property line of Short Plat with a catch basin, and that my drain enter the drainage system at the right-of-way on S.E. 170th Street. Please give me a call to schedule a meeting to review and discuss any of the issues addressed in this letter. cc: Leonard Difrancesco Thank You ~,,t!~ I 0817 S.E. 170th St. Renton, Washington 98055 Ph# 425-255-0395 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 15, 2008 [ffirl@!IOW~[ID MAI< 18 £008 K.C. D.D.E.S. Thank you for your quick response to my phone call regarding my existing drain outlet, which would end under the proposed concrete patio pad of Lot #3 Cruz Short Plat. You indicated that you had spoken with Leonard Difrancesco the Plat Engineer about this item and that he has agreed that the connection of my drainage line to the new drainage system would be noted on the plans as a condition of the Cruz Short Plat approval. You also said that there would be an extended asphalt ramp installed from the east end of the sidewalk, but that I would be responsible for the asphalt driveway apron to my property. I am requesting a copy of the plans with the revisions, to review prior to a final decision on the Cruz Short Plat application. I Thank You, ~£1~ Robert B. Lyon I 0817 S.E. 170 th. St. Renton, Washington 98055 Ph# 425-255-0395 -, ~lt· i KEY DRAINAGE ISSUES IN 1986 JULIUS CARPENEDO, PROPERTY OWNER TO THE WEST (PARCEL#'Z923059026) INSTALLED A NEW DRAIN LINE EASTERLY ACROSS S.E. 170 TR ST. AND lllS PROPERTY TO PROVIDE SPACE FOR A SECOND DUPLEX TOBE BUILT. IN 1987 WHEN I EXPERIENCED MAJOR FLOODING PROBLEMS BOTH IN MY BASEMENT AND ON MY PROPERTY I CONTACTED KING COUNTY TO QUESTION WHETHER THE EASTERLY DRAIN LINE HAD BEEN RECONNECTED TO NEW LINE. AFTER REVIEW BY KING COUNTY I WAS TOLD THAT THE DECISION TO RELOCATE THIS DRAIN BY KING COUNTY WAS MADE WITHOUT AN ON-SITE FIELD REVIEW, AND THAT AS THE DRAIN LINE TO THE EAST MUST HA VE BEEN REMOVED AND NOT RECONNECTED. (fHEY SAID THIS LINE WAS NOT ON THEIR DRAWINGS) AND THAT IT WAS THE PROPERTY OWNERS PROBLEM AT THAT TIME I INSTALLED A TEMPORARY BYPASS TO PREVENT FUTURE FLOODING OF MY BASEMENT. IN 1992 I WAS APPROACHED BY DEVELOPER RANDY CAMP ADORE (SPRING GLEN ASSOCIATES Il) HE WAS REQUESTING A DRAINAGE RELEASE COVENANT TO BE SIGNED. (COPY ATTACHED) HE ALSO NOTED THAT HE WAS WORKING IN PARTNERSillP WITH KING COUNTY HOUSING TO PROVIDE QUALITY AFFORDABLE HOUSING.(WHICH IS NOW BENSON GLEN). AT THE TIME I REVIEWED PRELIMINARY PLANS WITH RANDY HE TOLD ME THAT THEIR FINAL DRAINAGE PLAN WOULD INCLUDE A SHORT RUN OF DRAIN PIPE TO MY EASTERLY PROPERTY LINE ALLOWING FOR THE INSTALLATION OF AN ON-SITE LINE TO CORRECT THE DRAINAGE PROBLEM TO MY PROPERTY AND THOSE TO THE EAST. THE NEED TO REVERSE THE GRADE ON THE DRAIN LINE CROSSINGS. E. 170 TH. ST.WAS DISCUSSED. NOTE: REVERSING THE GRADE MEANS THAT IlIB EXISTING LINE W1IlCH WAS THEN SLOPED TO DRAIN SOUTH WOUID HAVE TO BE LOWERED ON TO THE NORIB ALLOWING WATER TO DRAIN NORTR BECAUSE OF ADMINISTRATIVE VARIANCES AND EXCEPTIONS BY SEVERAL KING COUNTY AGENCIES THIS WORK WAS NEVER DONE. I HA VE ATTACHED THREE PARAGRAPHS FROM "THE STORY OF BENSON GLEN" FOR A BETTER UNDERSTANDING ON THIS DRAINAGE ISSUE RE: PARC EL #292305-9144-03 LYONR.B. 10817 S. E. 170 TH. ST. RENTON, WA. 98055 DATE: SEPT 15, '.2004 The Story of Benson Glen · A Journey Through the Land Use and Construction Rules which Regulate Housing in King County A Report for the King County Housing Partnership by Carol Lewis · September 1993 I \-\~\IE J:.~Lu0CD .3 ~R.AG.-.::AP\-\5 ~ ""fttlS 110 PG-. ~l?OIU",, Wtt, u• P1llei::.TL'{ , r-r,pAe,r ogA , tJAGE (c.o Y I\Jl'-1 R~"D §TP..tvnh '2.~ FoR.. M "i 1'~af>e:R. T'-!--r~ae:. tS;. M IJ c.H t-<\012..t 1-$'>.1sr A..S .1. \~\IE 1\/oT~D 1T I~ 'l~R'-f T€'C.HN1 CA.L tt,.i }..)~~E. . ,. . . Offsite Utility and Road Work The road leading into the Benson Homes had never been recorded. As far as King County was concerned, the paved surface referred to as SE 170th, leading from Benson Road toward the well-grazed pasture land and seven single-family homes, was just a big driveway. Although the County maintained the road, legally it didn't exist. Before the subdivision would be approved, Threshold would need to change that -· it would need to record the road. And, since it would then technically be a new road, Threshold would need to improve it to meet current County standards. That would mean adding curbs, gutters and sidewalks to both sides of the street. (The County's Road Engineer later granted an administrative variance which relieved Threshold of its responsibility on the south side of the road.) .. i Meanwhile, the County's drainage standards requimj Threshold to improve the storm sewer underneath Benson Road. The County wanted to insure the storm sewer could handle flows from new sub collectors which were pan of the Benson Glen drainage system. Threshold was rCQuired to dig up 400 feet of Benson Road, rebuild the storm sewer and repave the road. According to County engineer Tricia Junke, the County normally would have rCQUired Threshold to provide curbs and gutters when repaving the road, but in this case it made an exception, settling for a simple shoulder on the road. According to Jim Kramer, Manager of SWM, the County will have to require even more expensive design specifications in the future to meet federal water quality standards. He and his staff are now pondering what this will mean for development in King County. Their hope is to meet the intent of federal regulations while minimizing the costs to do so. Gary Upper, Conner's land development specialist, is horrified at the thought of stricter standards, arguing that "the SWM requireme11,ts go beyond science, go beyond what is known about water quality." He adds, "If the County really cares about water quality, it ought to fix old problems, not make complicated requirements for developers which result in negligible improvements.• · -- King County Department of Development and Environmental Services Land Use Services Division March 12, 2008 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 Robert B. Lyon (ru@:©@:OW@:\]) MAR 14 Z008 I 0817 S.E. 170th Street Renton, Washington 98055 Ph# 425-255-0395 TO: Fereshteh Dehkordi DDES Project Manager RE: Cruz Short Plat File No.L08S0007 K.C. D.D.E.S. This is a follow-up letter to the hand written questions that I gave to Lanny Henoch, on March 11, 2008. I) Where do I re-direct the outlet of my current drain line? 2) Approximately 90% of the drainage now flowing to the proposed Area Drain #1, enters from the existing Right of Way on S.E. 1701h St. Is this the accepted policy of King County and the City of Renton, to allow drainage from the existing Right of Way, back into a private drain line? 3) I noted on March 11, 2008, that building a fence on the property line would obstruct the flow to Area Drain #I. As of March I, 2008 the Right of Way on S.E. 1701h Street has now been annexed to the City of Renton and the drainage from the Right of Way impacts the drainage facilities proposed by King County Land Use Service Division on the Cruz Short Plat. I am requesting 1n writing the procedures King County wants me to take in addressing this drainage issue with the City of Renton. Give me a call ( 425)255-0395 if you wish to schedule a meeting. d£~4~ Robert B. Lyon ,, . .. R~r &. LY¢rv' . /0817 5 ~-17on+_57. t:etJrorJ/ ·uJA-. 9£0 S 5 .,f'e: Ct:;' vz. .s-Ho.tc..,r Pr.Ar Ftte /Jo. Lo850007 63-11-08 ~rn@rnowrn@ MAR 11 2008 K.C. D.D.E.S. I At>-? 1<~c;>ue5,·ntvG-Cc.Ai'lr.CrcA-nol'.l To IV) l./ hLLou.J1N G-CoN cetzi'JS . i) Wrk.lZ..€ Do :r Re -Ot-'2€-0r 71--/E. ourLer c,.,:: /7"1 Y cw.,e12eN7 (?/,{_,4-1,-..J Ll"fJIC z.) ,4,,0;t?Jf?.o>C . 9o % o,C 1"ffe. Dre .A,-1/',J (+c;.e,; N<J u..J ru:, u.)11\J G ro ?,eoPoseP Ai<eA /X.A-rt-,.J ~·/, Ccv>?e;s ~m . -rH~ E'XIST7/'\IG /<.O.w. 0/V .Sf2' /70mS7', Is n-h .s At0 ,Acc..epre;o P<7Lfc y ,t;;f:: Ki ,06- Cow,vr'-/. A,-Jv /0:?v.J 7rde cr·ry O ,C: t::eAJTTUV Tc::> ALG.?c..u P12Ar,U/JGE; '4'.zon-, 77df!:: ex.tsrtrJ G ~.o. vJ .(?Ac..k:: /i\J~ A. /'e1vA7ff C¥2.41AJ r )/e3 le : Jv .Sr t5' J / <..,O, fl-) l.:. ,4 Fe: t-J G ~ CiN 77-}e;-- /'tt_o 17c le 'Tl./ L//\JEf u.;()U Lb Ot!!:ST/c.uCT f'."'u:1 (.J..i TC! 4££.4 t:>J.Z.g,-rJ #I. 3) S~rvc~ r~ ,<'.o,,_v OA.J .5.'€. l?oTl':!Sr. /,S Noi..0 A;,.;;1.r~Xf£0 /NTO TH<:c G/r1 otC' .<~N~/l) I w}f"o 4-r -r~ C!'TY op .Re:r-/rc,rJ /S /NU7'-Ve!P /{') 1Y1.S rd.o c:.~5s;· To .,4-,.J.sv..:D<... Qu«>77 cNs;_ ~ ,, c,3-ll-08 £ A6,I.~ A-:rr/JC"*::o A P£/Jt/\JAG-G eere;G"liS~ UJUCi=tJA-/JT. (..)J/T7f 4-7/-Ac.A€D Uf!l !Gil<.. D4~ J,4,,0 ~ l99Z.,. A~ /r -'f'elA;,:a-· ro l'h<./ ~~Tt.f . .J"...,s.,.-t<Jt$, or kE",4 Pefi1Af # I .. /hq17 l::_ Yo U ~~r 7 6. i-yf77'. , . . ' January28, 1992 Mr. Robert Lyon 10817 SE 170th Street Renton, WA 98055 SPRING GLEN ASSOCIATES II 14850 Lake Hills Blvd., 11-1 Bellevue, WA 98007 RE: Drainage Release Covenant for Spring Glen Subdivision. Dear Mr. Lyon: [FJ&@&owrnw MAR 112008 K.C. D.D.E.S. Per our telephone conversation of a few days ago, I have enclosed a drainage release covenant for your signature and a copy of our site plan with the existing . water flow outlined in green. As we discussed, this release form is necessary in order for us to construct a storm drain that would divert water currently running onto your property from ours. You will notice that you will need to fill in the date at the top of the page as well as have your signature notarized on the second page. I have included a stamped, self addressed envelope for your convenience. Your assistance in this matter is much appreciated. Sincere Regards, SPRING GLEN ASSOCIA rns II ~~ RLC:ka 3812892 enclosure .:..:_... ·' . DRAINAGE RELEASE COVENANT This agreement made this J3n! day of Mr. & Mrs. Robert Lyon ,.,,_~.,.. LI Q-.:, ___ n...-f"'-17""----• 19...a..,, hereinafter ca 11 ed the GRANTOR, and KING COUNTY, a polltlcal subdivision of the State of Wash I ngton, h_ere Ina f ter ca I I ed the GRANTEE, . and whereas GRANTOR represents and warrants that It Is the owner In fee of that certain parcel of land, described as fol lows: 10817 !IE 170th Street, Renton WA 98055_ and whereas the GRANTEE Is presently reviewing a drainage plan for a proposed SINGLE FAMILY SUBDIVlSIONpermlt for the project Known as ~~~~~~M..,...E~AMD~Q~W_.G~LuE~N,__~~~~~~~~· permit no. applied foe on lands located at lOBSQ SE 170th Street, Reatoa, WA 98D55 and whereas said plan proposes to divert from their natural course of flow certain surface and storm waters so 'as to cause them to flow (onto) (away from) the lands of GRANTOR, now, therefore, In consideration of the approval of GRANTEE of diversion In said plan and other valuable consideration, receipt of Which Is hereby acKnoWledged, the GRANTOR hereby agrees and consents to the diver- sion of surface and storm waters (onto) .(away from) Its lands and ~ to hold GRANTEE harmless for any damage that may be caused.by. such -····· diversion of flow and this conveyance shal I be a dovenant running with the land and shall be binding upon GRANTOR and Its heirs, successors and assigns forever. I of 2 1/90 I N WITNESS THEREOF, hands, the part I es hereto have hereunto set the Ir GRANOR STATE OF WASHINGTON) COUNTY OF KING )ss on this day personally appeared before me: .... Lal.J,oudu..e:c::i........,,,C.::......>.t..,yi...:.o""""tJ"4--..... ev .... or4 ()~'Pt;_.__._.\-:o""""""' ..... + .... B..._./__._,11_,_C2.....,_,I\J.,___,_. to me known to -. r be the lndlvldual(s) described In and who executed the within and foregoing Instrument and acknowledged that they signed the same as the Ir free and vo I untary act and deed, for the uses and purposes therein stated. Given under my hand and offlclal seal this \ Q 't1--day of marc,,b. NOTARY PUBLIC In ad for the State Q~ ~uJAg at ___ _ 2 of 2 1/90 \J ..; 2) ~ ) J.· --r (_). /j. l ), ~-) . I·, ·/, l 'I;-iy ''c, l I I R~eer &. LY'() rv1 /0817 5 e--. ;7on+ s-;. /(etJro/\.), wA. 9goss ,.f'e _-C.< U2: Sdo1e...T Pl.Ar FtU!: No. Los SCloo7 63 -1/-aB ~rn@rnowrn[g) MAR 11 2008 K.C. D.D.E.S. I Afl--7 £c;:rq;ue5,·r1t"v'G Cc...A,qr,c;cA-nor..J To IV) L/ hL.Lcj:.,lJ/N c. car,..) c~1zNS . ) i.J rk.!Z..,6 Do r K& -01"2€Gr n--lE. ourt..er CF Q?y' Cw.212-eN, £?£.A-,r-J L,tJ€ z) ,4,,opJf:.oK. 9c % ol'" 77:fi!=' DtC/1-trJIJ.C-6 NO U.: ru,,,. .. ;1rJG ro ?,eoPoSeP .4i<?.e.A {;;;i:?,,4,·,.J :fi./, C,,/VJe:;-:,. ,c::;b/YI -rtte EXIS'n IV (-I<. r?, w ON 5.E . f 70 77-157. Is n-l<s. A,0 .Ac,2.!Ep.,e:1::> PoLJcy ,t;;;,E: K;,0c~ C:o~,-...)T't. ,4.,-Jv ;J_;::·'--0 T1ckf. c,ry o ,::-: KC:rJTCN Ti? AL.t.:.,:;,i;_,u P,ZAr;...)IJG'e 1::~n--, 77~ ex.ts·rtrJ G ,<,o. vJ (JAck /NT,::; A. ;?e;v,47<= C¥Z.4;AJ : Na7c.=' Jv:.;r tr .. .:1c..c>,,v(-.. 4 fett-Jce ON 7i-}e- ~~::?l"cle,'T'-t L/(\.)c-"' U..:,5u i...b Ot::ST/c.uCT f'."'u1 o..i To A-1Z.€.4 £)12.IJ-rrJ -#-; 3) S>Nc~ T~ ~.~_e,\.} Qr\J S.'€. l7d 77c1Sr. IS Al.~ ... .,., .. 41v/vfEx~o ,,1;vTo 77-/<2 G,rt otC /(~,-..;70;l) 1 uJ/{'o ~r -r~ C1·ry or l<Z:1.Jrcr-J /S /Ni/O'-V~l;> /{'J 7Y1 .. S' rtz.o c~ss 7o A-rJ.:, /)...,0<.. Q1J~Sn crv~ ~ c,3-11-a!s .Z' ~~ ~rr/JC;-k;o A l),i!/.J1NAGG i:"60.::'4.S~ Cc, U<fi.tJ4 /JT, lJJ/TH' -4,ry--AcAt=D Ge!T7?:!£7<. [)47?:ED .;1410 ~ l99Z.,-A:; ,,r J('ec:A~· ro l'h<f ~c;,~TL( . J~sr-tU#Es. r d-r ,~€,4 C>G4 /N #> I . ;Jh11l Yo U /µ'2,l tr Lp,~ January 28, 1992 Mr. Robert Lyon 10817 SE 170th Street Renton, WA 98055 SPRING GLEN ASSOCIATES Il 14850 Lake HIUs Blvd., 11-1 Bellevue, WA 98007 RE: Drainage Release Covenant for Spring Glen Subdivision. Dear Mr. Lyon: mJrn@rnowrn@ MAR 11 2008 K.C. D.D.E.S. Per our telephone conversation of a few days ago, I have enclosed a drainage release covenant for your signature and a copy of our site plan with the existing water flow outlined in green. As we discussed, this release form is necessary in · order for us to construct a storm drain that would divert water currently running onto your property from ours. You will notice that you will need to fill in the date at the top of the page as well as have your signature notarized on the second page. I have included a stamped, self addressed envelope for your convenience. Your assistance in this matter is much appreciated. Sincere Regards, SPRING GLEN ASSOCIATES II ~~~~ RLC:ka 3812892 enclosure DRAINAGE RELEASE COVENANT This agreement made this ,am day of __ ..;.M~~.;,-:....;:;;::..;;... ___ • 19..2f.., Mr. & Mrs. Robert Lyon hereinafter cal led the GRANTOR, and KING COUNTY, a pol ltlcal subdivision of the State of Wash I ngton, here Ina f ter ca I I ed the GRANTEE, and whereas GRANTOR represents and warrants that It Is the owner In fee of that certain parcel of land, described as follows: 10817 SE 170th Street, Renton WA 98055 and whereas the GRANTEE Is presently reviewing a drainage plan for a proposed SINGLE FAMILY SUBDIVISIONpermlt for the project Known as _____ __,M~E~A~P"""Q~W....,,.G~L~E~N---~-----• permit no. applied For on lands located at 1Q85Q SE ]70th Street, Renton, WA 98055 and whereas said plan proposes to divert from their natural course of flow certain surface and storm waters so 'as to cause them to flow (onto) (away from) the lands of GRANTOR, now, therefore, In consideration of the approval of GRANTEE of diversion In said plan and other valuable consideration, receipt of which Is hereby acknowledged, the GRANTOR hereby agrees and consents to the diver- sion of surface and storm waters (onto) _.(aw,«y from) Its lands and _,.,..- to hold GRANTEE harmless for any damage that may be ccl._used. by. such ~ ,,., diversion of flow and this conveyance shal I be a covenant running w I th the I and and sha I I be b Ind Ing upon GRANTOR and I ts he I rs, successors and assigns forever. 1 of 2 1/90 IN WITNESS THEREOF, the part I es hereto have hereunto set the Ir hands: GRANOR STATE OF WASHINGTON) COUNTY OF KING )ss On this day personally appeared before me: I ,ode: C. ( yof\l frUO ?:o\::or± B l 1/0 fJ . to me known to be the lndlvldual(s) described In and who executed the within and foregoing Instrument and acknowledged that they signed the same as the Ir free and vo I untary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this __,_m...:....J>-a"""l:_..C .... h_._ ____ . , s9 d-. -C-km1 J/~.l!k:) NOTARY PUBLic~ for the State ~J~~w1±at 2 of 2 1/90 1-I 1----:-n-- / I / I I I I I ! r._ __ _l/ ~ I . L . I ------·1 I. ___ J_ I I i --:·-----, I I I I J:1 :j '~~ } J. . I ,,.1 King County Board of Equalization 500 Fourth Avenue, Room 510 Seattle WA. 98104-2306 RE: Acct.# 292305-9144-03 Lyon, R. B. I 0817 S.E. 1701h St. Renton WA. 98055 Dear Sir or Madam: September 19, 2007 Thank you for the Subject Property and Assessors List of Sales you provided. I was quite surprised at the response you received from Tom Lew at Storm Water Services, based on the verbal information provided by Shawn Bergrud, the Drainage Investigator for my complaint# 2006-0668. I called Storm Water Services Nov. 1, 2006 to address the additional drainage from a new home being built on the property just east of mine, noting that I had five properties draining on to my property without a County approved outlet. I met with Shawn Bergrud on Nov. 6,2006 to review this problem, I told him that my cost estimate of$ 70,000 (See letter of Oct. 13, 2003 enclosed) to route a drain along 108 1h Ave. S.E. was now approx.$ 150,000, due to inflation along with additional improvements built in the current right of way. Shawn stated that from the stand point of cost, someone will have to buy and develop all four parcels to the south, with a new drainage plan. He noted that my solution only addressed a portion of the overall problem. I said that means that until some private enterprise with a lot of money purchases these four properties and develops them, this drainage problem will not be resolved. We then reviewed the water flowing on to my property from the foundation of the house under construction east ofmy property, with second drain running into this foundation from the south, Shawn said that King County requires a drainage plan for all new construction and that all drainage must flow to the road right-of way, and not impact the adjacent property. Shawn called back on Jan 22, 2007 and said at this time because of the limited size of this drainage problem with many other hotter projects utilizing the funds available, this project was not on the list to be corrected. He said that this report would be referred to King County Department of Development and Environmental Services. I then asked Shawn about the drainage from the from the foundation of the home east ofmy property, he said, I know that I told you previously that King County requires a drainage plan for all new construction, but he said I have now been told that this is not required of single family residences under 2000 square feet. I told Shawn, you know that this drainage is not only coming from this new construction, but also from a second drain from the south. Shawn said that since some water was coming from the road, this report was also being sent to King County Roads, he said, you better keep track of your complaint number, as things get lost at King County Roads. I was able to schedule an on-site meeting with King County Roads on Jan, 26 2007 they kept asking me, why was this Surface Water complaint to us? The foreman said that several things regarding this drain were illegal. I told him that each one of the past decisions regarding this 20 inch drain and catch basin were approved by someone at King County. As you noted in the selling of a property, "If any issues existed that would negatively impact the property or improvements, these problems would need to be reported as required by the Federal Disclosure Law. I believe it is the responsibility of the King County Board of Equalization to have a copy of the Complaint Report #2006-0668 compiled by Shawn Bergrud along with a copy of all pictures taken. And that I the property owner should be provided a copy. Also the City of Renton should be given a copy of this Report if the current annexation passes. I did take time to review the Assessor List of Sales you provided and believe that Sales #5 best reflects my property values, as it is the property directly west of my property, is impacted by this drainage issue and was also the most recent sale. The current owner told me he knew of some drainage issues on this property, but said he said he was not notified of my complaint #2006-0668 when he had requested information from King County prior to his purchase. And that King County has now told him he was not notified because it was a case still under review. This property was sold with a second building site of 8,586 square feet(R-18 Multi-family) for an additional duplex or triplex under the current zoning. I have mowed and maintained this second building site for the last 16 years, and was offered first right to purchase this property from Dale W. Myers, listing agent for John L. Scott on Feb 6, 2007 at the request of the owner who is out of state, He did say that he thought his sale price was a steal and that the second building site should be worth $200,000. I told him that looking at this on the surface I would agree with him, but told him I was declining his offer due to these drainage issues. Price comparisons values between my property and Sales #5 Sales #5 292305-9026 10801 SE 1701h ST. Sales #5 Building and covered parking 980 additional square feet@$ 60.00 per sq. ft Both units of duplex are on public sewer Sales #5 Second building site of 8586 sq. ft. (R-18 Multi-family zoning) 3 units Value ofmy land and buildings $435,000 $ -58,800 $ -10,000 $-165.000 $201,200 I look forward to meeting with you on Sept. 26, 2007 in hoping that you can obtain the Report and pictures compiled by Shawn Bergrud on Complaint #2006-0668 to show that everything I have addressed regarding drainage, has been reviewed and addressed by quali fled drainage engineers. Thank you Robert B. Lyon /'l /J _ ~ {ytfatA ~ o:;!:Pi, ~ . . . -- KING COUNTY BOARD OF EQUALIZATION 500FOURTIIAVENUE, ROOM 510 SBATTLB, WA 98104-2306 RE: ACCOUNT NUMBER 292305-9144-03 LYON,R.B. 10817 S.E. 170TII. ST. RENTON, WA 98055 DEAR SIR OR MADAM: OCTOBER 13, 2003 I BELIEVE TIIAT THE ASSESSOR'S VALUE ON MY PROPERTY DOES NOT REFLECT THE TRUE MARKET VALUE. IT DOES NOT TAKE INTO CONSIDERATION TIIE COST REQUIRED TO BRING TIIE sourn SIDE OF s. E. l 70TII. ST (MY NORTII PROPERTY LINE) UP TO CURRENT COUNTY ROAD STANDARDS. IN ADDmON IT DOES NOT FACTOR IN THE COMPLEX DRAINAGE PROBLEM ON THE NORTII HALF OF MY PROPERTY. TO CORRECT TIIIS DRAINAGE PROBLEM IT WILL REQUIRE EXTENSIVE OFF- SITE CONSTRUCTION AT A CONSIDERABLE EXPENSE. AS A BUSINESS CONSULTANT IN THE UTILITY FIELD, I HA VE REVIEWED TWO ALTERNATIVE DRAINAGE ROUTES TO ADDRESS THIS PROBLEM. BOTII ROUTES COULD EXCEED $70,000 IN COST. BECAUSE OF HISTORICAL AND TECHNICAL COMPLEXITIES OF THIS ISSUE, I WOULD RECOMMEND THAT THE EQUAUZATION BOARD SET UP A MEETING WITH REPRESENTATIVES FROM KING COUNTY BUILDING AND LAND, ROAD ENGINEERS, SURFACE WATER MANAGEMENT AND MYSELF TO REVIEW ALL PAST AND CURRENT INFORMATION REGARDING TIIE DRAINAGE. I HA VE ENCLOSED rnREE PARAGRAPHS FROM A REPORT FOR KING COUNTY HOUSING PAR1NERSHIP WRITTEN BY CAROL LEWIS IN 1993. TIIE REPORT DISCUSSES ISSUES ASSOCIATED WITH TIIE BUILDING OF BENSON GLEN. HOW SOME OF THE ISSUE WERE HANDLED BY KING COUNTY HA VE IMPACTED TIIE VALUE OF MY PROPERTY. THERE IS ADDmONAL INFORMATION IN THIS 110 PAGE REPORT REGARDING TIIESE ISSUES, IT IS VERY TECHNICAL IN NATURE. I HA VE INCLUDED THE FOLLOWING ITEMS WITH TIIIS LETTER: 1. A COPY OF MY STATE BUSINESS LICENSE 2. A COPY OF A DOOR HANGER AND BUSINESS CARD FROM ALAN METERS(ENGINEER, KING COUNTY LOCAL DRAINAGE SERVICE) 3. A COPY OF TIIE ROUGH LAYOUT FOR THE ALTERNATIVE ROUTES TO CORRECT TIIE DRAINAGE ISSUE. PLEASE LET ME KNOW HOW YOU WOULD LIKE TO PROCEED ON THESE MATTERS. I AM WILLING TO REVIEW THE TECHNICAL INFORMATION IN WHATEVER FORMAT TIIAT YOU FEEL IS APPROPRIATE. THANK YOU FOR TAKING TIIE TIME TO REVIEW THESE MATIERS SINCERELY, • tQ · King County Web date: 08/14/2007 . LAND USE PERMIT APPLICATION FORM Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TIY 206-296-7217 For alternate formats, call 206-296-6600. Staff Use Only ~ Do not write in this box Application LU 8 sooo,;· -,·1r1flR . ~ .-r.. i.J,., n F c• .-,0 ,= ... I, 1 Date Received (stamp) l~l!lril&~~l'iWA'MBR111..ll!:f~O!Nm-wR1TEAsoval,tF11Sf:OMDE8B-t!jl!!!lij-llllia~Mvlll I (We) request the following permit(s) or approval(s): D Binding site plan D Public agency & utility exception D Boundary line adjustment D Reasonable use exception D Building permit D Reuse of public schools D Conditional use permit D Right-of-Way use permit D Critical areas alteration exception D Road variance D Linear D Non-linear D Shoreline conditional use permit D Drainage variance or adjustment D D D D Period review for mining sites Plat alteration Plat vacation P-suffix amendment D Shoreline exemption D D Shoreline redesignation Shoreline substantial development permit D Shoreline variance D Site development permit D Site-specific comprehensive plan amendment D Special district overlay removal D D Special use permit Subdivision -Formal )0' Subdivision -Short D Temporary use permit D Urban planned development D Zone reclassification D Zoning variance I, A t:d' / CD;~ , being duly sworn, state that I am the owner or officer of the corporation owning property described in the legal description filed with this application and that I have reviewed the rules and regulations of the Department of Development and Environmental Services (DOES) regarding the preparation and filing of this application and that all statements, answers and information submitted with this application are in all respects true, accurate and complete to the best of my knowledge and belief. During the review of this application, it may be necessary for DOES staff to make one or more site visits. By signing this application form, you are giving permission for these visits. If it is rental property, the owner hereby agrees to notify tenants of possible site visits. _ ;J Printed Name Arua (,14,c Signature .is t,C::: -+-. ~'--',,7.=--=-:;,""" ________ _ Company . ../ :;_;;;;.-- Phone '2,.DC. -]:VI -JbJ(p E-mail -----------------=---- Mailing Address 3318 ToTH AIJf, $\,J -tl-1 So(, 5£AU:Lf WI>, "fBt2.C, STREET CITY ST ZIP If applicable, state below the name, address and telephone number of the authorized applicant for this application as shown on the Certification and Transfer of Application Status form filed with this application. Name LEoiJN'-0 T)~Ju.v<::&-£<.O Phone ,CJ0 -t.ffl.. -C,G,G,O E-mail Lf.t.Jj'.> @ l-l6'T"'1\1t .. · col-'\ Mailing Address L65 81<.U11'.1l.!) A.vJ.. 1---'*-t<X.,--~-----Sg----~~1>,11\.6..-----w-.~---'l'8~1cc-C-o_z__ STREET CITY ST ZIP AppForLandUsePermltsFORM.doc lc-app-luper.pdf 08/14/2007 Page 1 of2 ~--1-----,i ---------~T~~e~2~R=e~v=ie"'.Timelines -_..,S,..h"o._..r_..t-"P_.la.._t""s'-------- Permit No: L08S0007 Project Name: Ariel Crus aka Benson Hei his) Short Plat i Planner: Fereshteh ,___ ___ _,_ _ __,Engineer: Mark Follmer Other Staff: Kris, Ra , Fire, Lann , Nick, Beth 0-28 days ( clock oft) Intake, suppll.!"1 staff set up file folder ----i.cP~r~oj~ect Manager routes packages fo~ fee_e~t~mate Assignment of staff & route P?ckages for r-:ev .. i--:ew'"-'w."/.-,ti ... m,_e ... li ... n=:e·c_ _____ _ Field check by engineer-tee~. [liln_it review -downstream) Review for comp_l!t_e~incomplete. ,----l'C_.o .. m"Jp!"ile fee budget, save budg_et prepare quote letter ~omplete/incomplete letter mailed; mail budget quote letter. Review docs & schedule field_tr~p, __ __, If complete_: 03/05/08 Wed I _________ _ 03/06/08 Thu 2 03/07/08 Fri 3 .:..:__+---."'..!----------------- 03/08/08 Sat 4 03/09/08 Sun 5 03/10/08 Mon 6 03/11/08 Tue 7 ---+----------- 03/12/08 Wed 8 --=+---------03/13/08 Thu· 9 ---+--~-l------ 03/14/08 Fri 10 03/15/08 S":'_ i __ ~l~l1--- 03/16/08 Sun 12 13 14 15 03/17 /08, c..Mcco..cn'"---_ 03/18/08hue 03/19/08 Wed 03/20/08 Thu 02/11/08 Mon 16 2:00 pm, C40 -In house__:screening _mee_t,_·n~gl-~~~~-- 17 Screening letter req11_esting add'/. inf_o to be mailed· give to Judi i-+ : I --+-------------------- S:LUSD _PLANNING_ TIMELINES_ 4.17.06 I Denis law Mayor ·· .. -.Cityo(1 . ·· (~Ulj{"_·-;\J~{-,._~_ 1UJf':_'_··_._ · ->. -·,_. _.,,. ,..; IL :,· _\ .. , ,) _ ,._ -. ----. . . . -. ' . -.·. . . July 17, 2013. · Department of Community and Econorrlic Development · · · C.E.'Chip"Vincent,Administrator Marcia L, Maehren Trustee of Marci.a Maehren 2002 Trust . PO Box 494303 Redding, CA 96049 ·SUBJECT:. Request for ~ension Benson Heights Short Plat (LU.A08:-0Jl9) Dear Ms. Maehren, . ·. we· have received your reques_t to extend the period of validityfor a short plat that was applied for in King County, and latertransferred to Renton upon annexation. We unde;..iand.that you · are the current owner of the subject property. . -. ' . This office has reviewed yourrequest to extend the.approved BensonHeig.hts Shclrt Plat; ·which w~s approved-on August 5, 2008.-The project was approved and considered to be v~lid for five years, per the King County Code period of validity for short ptats, Therefore, the short plat was to expire on August 5, 2013. . . Per Renton Municipal.Code 4-7-070.M, one additional one-year extensiords permitted w_hich . you hav~:reque.sted .. Thereto.re; the extension of the short p·lat is approved subject to one condition._ The City is permitted to attach conditions to the extension request, and as.such the following condition is added:· 1.: Future duplex homes constructed on the short plat will be subject to_ the City of Renton's Residential Design Standards (RMC 4-2-115) for the R-10 Zone which will be , · reviewed at the time· of building permit application. · .A copy of the Residential-Design Standards is attached. Pi°ease conta_ct Racal~ nmmonsiSenior 'Planner at(425)_430°7219 if you have any questions regardingthislette,. You should be aware that this is the·oniy extension that will be gr~nted_ If the final shori plat is not recorded by : August S; 2014 i_t will expire and cannot be extended again . . ·Sincerely,· · . · ·. . · . ·C.£U-~ C. E .. "Chip" Vincent .Pl~nniiigUirector. A~chmerlt: Residential Desigrl standards-RMC4-2.-115 cc: Neil Watts,' DeVelopmeot Services Director .· _Jenniff:r Henning, Plan_riing r,Aanager RocaleTimm~ms, Associ.ite Plariner Sta"cyTucker, Secretary Carrie Olson, Engineertng Specialist · · · Project File Dale. Me\fe_rs,'John L Scott Real Estate {via email) Ariel Cruz, Owne_r/Appllcant 3318.301n Ave·SW,.#6506 Seattle, WA. 981..?6 LD Engineering, LlC Leo_oard DiFr<ln.cesco 100S'Harvard Ave E,'#106 Seattle, WA 98102 . . . - Renton.City Hall • _105S South Grady Way • Renton, Wa'shil1gton 98057 • rellto_nwa.gov ii ii . ,, 1! I I ! -•• 1 July 2, 2013 Rocale Timmons Associate Planner Planning Division City of Renton Renton City Hall-6th Floor 1055 S Grady Way Renton, WA 98057 RE: Short Subdivision File No. L08S0007 Dear Ms Timmons, WA6t~O~l &rioN') f-k i 9 lyf-s u\r\&+ P kL*- I hereby request a one year extension to August 5, 2014 on the subject Short Subdivision to allow time to comply with final Short Subdivision Requirements. Thank you for your consideration. Sincerely, ;}~x?~~~ Marcia L. Maehren Trustee of the Marcia Maehren 2002 Trust Dated February 1,2002 CITYQr:: 2fi\/f0N RECf!\'ED JUL O 8 2013 BUILDING DIVISION jot3u/ f (0803 ~~ \ 't-o 't-'\,-, ~ ,) { Dale W. Myers ~e "'+o "\ , '-'.) ~ "{ 8 oS@ ---&~;~~~hl:ev, __£()__,_-Bux -~"I t.-so..s Re cl d_Llct~ __ (.,A _ __ g" 0 ~-- ---.. ---·--··--·-- 51wA-fW:-~9-TDn .. 1*6---- i::4+; i: 12"CMP N : /~~o~ ~~~~H:a"L;KF~E HYD u.. --e.,,....... 1 ,_ / >-f /) ~ 1€-4.2 lif"ADS S / EI..EVATIONa:425.99 ~~ T ~ N-f ~ Ultltsr.MENT Z.., ' 1' '-I/ (CB TYPE 1 ~E D1NG NO 9~0110107~ · , / T[c:c422.46 4' W,Dt WALK AND UTILITY EASEME.NT O: -12s I IE==414.21 12:Aos E Rrco:.r>NG NO 92rno2.1s11 -La """S';""-·---_J_L;:,-...U9.2'1..-1l'.'.ADS..S. _________ .z'-::T,~--· --·---·-·--,------ L4Jlf-tJ S--6 8-'J w [fl CB TYPE 1 ....J /' _I§:~21.17 __ ----_ --______ ··-__ .--j 0.... 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I 2 3 4 5 6 7 8 9 10 JI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON ) ) IN RE: APPEAL BY ROBERT LYON OF ~ BENSON HEIGHTS SHORT PLAT ) ) ) ) _____________ ,) No. LUA 08-089 STIPULATION AND ORDER RELEVANT FACTS Applicant Ariel Cruz ("Applicant") via his Engineer Leonard Difrancesco of LD Engineering, LLC submitted an application for subdivision of a .39 acre parcel located at I 0801 SE 1701h Street, in Renton, WA into a 5 lot short plat. This application was originally submitted to King County Department of Development and Environmental Services (KC DOES) for review on February 12, 2008. Before King County DOES could issue a decision on the preliminary short plat, the subject property was annexed to the City of Renton as part of the Benson Annexation (Ordinance #5327) effective on March I, 2008. Based on this annexation, Benson Heights Short Plat is now within the jurisdiction of the City of Renton. However, given the length, familiarity and knowledge of the project by King County, the County staff reviewed and completed the application and made a recommendation of approval. This recommendation was forwarded to the City of Renton. After reviewing King County's STIPULATION AND ORDER -I Warren Barber & Fontes P.S. Inc I 00 South Second Street P0Box626 Renton, WA 98057 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recommendation, the City of Renton adopted the recommendation and issued a notice approving the plat. Robert Lyon ("Appellant") who owns property located at 10817 SE 170th Street in Renton, WA, filed a timely appeal to the City of Renton. He simultaneously filed a Request for Reconsideration setting forth several issues including parking, lot numbers and drainage issues. The City of Renton issued a reconsideration decision on September 17, 2008, which also provided further explanation and clarification regarding Appellant's issues but maintaining the decision to approve the plat. Based on the reconsideration, Appellant indicated that he was still pursuing the appeal of the short plat, but was limiting his appeal to drainage issues pertaining to the short plat. On October 21, 2008, Appellant, Applicant(s), the City of Renton and representatives from King County appeared before the Renton Hearing Examiner. Midway through the hearing, the parties informed the Hearing Examiner that a stipulated settlement had been reached. The Hearing Examiner continued the hearing to allow the parties to draft the terms of the settlement and present it to the Examiner for entry of the order. This Stipulation and Order now follows: STIPULATION 1) Applicant and Appellant hereby entera this agreement subject to acceptance and approval by the City of Renton and upon entry of this order by the Hearing Examiner. 2) Applicant proposes to implement the following actions for the benefit of Appellant's property. The detailed specifications of this proposal has been shown in the revised conceptual drainage plan, attached as Exhibit A: STIPULATION AND ORDER -2 Warren Barber & Fontes P .S. Inc I 00 South Second Street P0Box626 Renton, WA 98057 4'· 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. B. 29 linear feet of 12" new storm pipe will be extended within the SE 170,. Street Right Of Way to the shared property line of the said properties and a new catch basin (Type 1) will be installed. 8 linear feet of new 6" PE drain will stub out to a location within and near to the northwest corner of property 10817 SE 170'" Street The existing 4" drain from 10817 SE 170'" Street will be abandoned at the property line. 3) Once the Applicant has constructed the drainage plan as set forth in paragraph 2 and Exhibit A, Appellant shall be wholly responsible for any and all work necessary to connect Appellant's onsite drain( s) to the provided stub as set forth in above once the stub becomes available. Applicant hereby grants permission to Appellant to connect Appellant's drainage to the stub and extended storm pipe. 4) In consideration for the implementation of the revised conceptual drainage plan as set forth in paragraph 2 and Exhibit A, Appellant agrees to withdraw his appeal of the Benson Heights Short Plat, LUA 08-089. Appellant further agrees to waive his right to appeal any and all other appeals related to the development of the plat located at 10801 SE 170th Street, in Renton, WA. 5) Both Applicant and Appellant understand that the terms of this agreement as set forth in the revised conceptual drainage plan (Exhibit A) is still subject to final review and approval of the final drainage plan by the City of Renton. The City of Renton will assume responsibility for this project from King County for all aspects of this project. Therefore any and all future follow up requirements, including but not limited to, the engineering review, permits, approvals, etc will be submitted to the City of Renton. STIPULATION AND ORDER -3 Warren Barber & Fontes P.S. Inc I 00 South Second Street POBox626 Renton, WA 98057 .· 1 2 3 4 5 6 7 8 9 10 11 12 ORDER Based upon the foregoing stipulation which is adopted herein, and whereas Applicant has agreed to the terms set forth above, and Appellant now seeks to withdraw this appeal, IT IS HEREBY ORDERED, 1. That this matter is referred by to the City of Renton Development Services for processing and administering of the revised conceptual drainage plan and any further review; and 2. That this matter is now dismissed with prejudice. DATED: this +-IV'-day of November, 2008. xaminer 13 PRESENTED BY: 14 ER & FONTES, PS 15 16'+-:~~~~~:::::=::L_ __ ~ Ann Nielsen, WSBA #31425 17 18 19 20 21 22 23 24 25 Assistant City Attorney for City of Renton On behalf of Applicant Ariel Cruz STIPULATION AND ORDER -4 Warren Barber & Fontes P.S. Inc 100 South Second Street P0Box626 Renton, WA 98057 . .. EXHIBIT A a, "' r-.: :;;: II ~ V) ... !,,! • "'~ om -o u."' 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I I I ' ~ i : I i· j> : -~ ' : ~:~ FF • 423.5 n .._ V) f--~ 0 "1 _J J' WALK (TYP) I ' I I / I 15• I I- I I I I BSBL .,------ 10: 1 ASPHALT TAPER FIELD ADJUST GRADES TO DIRECT ROAD DRAINAGE TO ROAD GUTTER LINE CONCRETE RAMP (SEE DETAIL) TO ASPHALT TAPER 8LF 6"PE 00.5% STUB 13. 25LF 6"PE CO. 5% RIM=420.50, IE 6"=418.00 SLOPE AREA TO DRAIN IN THE VICINITY OF AREA DRAIN #1 ABANDON EX 4 • DRAIN AT PROPERTY LINE, PER LEGAL AGREEMENT THE 10817 SE 170TH ST OWNER RESPONSIBLE FOR RECONNECTING TO NEW 6" STUB PROVIDED AT THE NW PROPERTY CORNER AT THE TIME THIS STUB IS AVAILABLE • ' l I .. 4 XS. _____ .. ..,_. --·--,.,., 'c!Nl113:IN(f)N3 a1 • 111 I I 1111111lll!p,ll.1 1,, 1 I I ,111ill,1,1111 I, 1 I 111 i Ii H H 111 H H l 1111 I,: i • DD I < ---- !__Fred Kaufman -Benson HtsStipulation.doc , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,, BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON ) ) No. LUA 08-089 ) IN RE: APPEAL BY ROBERT LYON OF \ STIPULATION AND ORDER BENSON HEIGHTS SHORT PLAT \ ) _____________ ) RELEVANT FACTS Applicant Ariel Cruz ("Applicant") via his Engineer Leonard DiFrancesco ofLD Engineering, LLC submitted an application for subdivision of a .39 acre parcel located at 10801 SE 170" Street, in Renton, WA into a 5 lot short plat. This application was originally submitted to King County Department of Development and Environmental Services (KC DDES) for review on February 12, 2008. Before King County DDES could issue a decision on the preliminary short plat, the subject property was annexed to the City of Renton as part of the Benson Annexation (Ordinance #5327) effective on March 1, 2008. Based on this annexation, Benson Heights Short Plat is now within the jurisdiction of the City of Renton. However, given the length, familiarity and knowledge of the project by King County, the County staff reviewed and completed the application and made a recommendation of approval. This STIPULATION AND ORDER -I Warren Barber & Fontes P.S. Inc I 00 South Second Street PO Box 626 Renton, WA 98057 Page 1] ,-------------. -·-·--------~ i Fre_cl__!Saufman -_Benson Hts Stipulation.do_c _ f 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recommendation was forwarded to the City of Renton. After reviewing King County's recommendation, the City of Renton adopted the recommendation and issued a notice 111 approving the plat. Robert Lyon ("Appellant") who owns property located at 10817 SE 170th Street in Renton, WA, filed a timely appeal to the City of Renton. He simultaneously filed a Request for Reconsideration setting forth several issues including parking, lot numbers and drainage issues. The City of Renton issued a reconsideration decision on September 17, 2008, which also provided further explanation and clarification regarding Appellant's issues but maintaining the decision to approve the plat. Based on the reconsideration, Appellant indicated that he was still pursuing the appeal of the short plat, but was limiting his appeal to drainage issues pertaining to the short plat. On October 21, 2008, Appellant, Applicant(s), the City of Renton and representatives from King County appeared before the Renton Hearing Examiner. Midway through the hearing, the parties informed the Hearing Examiner that a stipulated settlement had been reached. The Hearing Examiner continued the hearing to allow the parties to draft the terms of the settlement and present it to the Examiner for entry of the order. This Stipulation and Order now follows: STIPULATION 1) Applicant and Appellant hereby enters this agreement subject to acceptance and approval by the City of Renton and upon entry of this order by the Hearing Examiner. 2) Applicant proposes to implement the following actions for the benefit of Appellant's STIPULATION AND ORDER-2 Warren Barber & Fontes P.S. inc I 00 South Second Street PO Box 626 Renton, WA 98057 Page 2. I I [~Fred Ka_ufman -Benson t,ts S!ipulation.doc··-~----- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property. The detailed specifications of this proposal has been shown in the revised conceptual drainage plan, attached as Exhibit A: A. 29 linear feet of 12" new storm pipe will be extended within the SE 170 111 Street Right Of Way to the shared property line of the said properties and a new catch basin (Type 1) will be installed. B. 8 linear feet of new 6" PE drain will stub out to a location within and near to the northwest corner of property 10817 SE 17W 11 Street. The existing 4" drain from 10817 SE 1701h Street will be abandoned at the property line. 3) Once the Applicant has constructed the drainage plan as set forth in paragraph 2 and Exhibit A, Appellant shall be wholly responsible for any and all work necessary to connect Appellant's onsite drain(s) to the provided stub as set forth in above once the stub becomes available. Applicant hereby grants permission to Appellant to connect Appellant's drainage to the stub and extended storm pipe. 4) In consideration for the implementation of the revised conceptual drainage plan as set forth in paragraph 2 and Exhibit A, Appellant agrees to withdraw his appeal of the Benson Heights Short Plat, LUA 08-089. Appellant further agrees to waive his right to appeal any and all other appeals related to the development of the plat located at 10801 SE l 70'h Street, in Renton, WA 5) Both Applicant and Appellant understand that the terms of this agreement as set forth in the revised conceptual drainage plan (Exhibit A) is still subject to final review and approval of the final drainage plan by the City of Renton. The City of Renton will assume responsibility for this project from King County for all aspects of this project. Therefore any and all future follow up requirements, including but not limited to, the engineering review, permits, approvals, etc will be submitted to the City of Renton. STIPULATION AND ORDER-3 Warren Barber & Fontes P.S. Inc 100 South Second Street PO Box 626 Renton, WA 98057 Page 3 ,--· ----·-·------------ 1 Fred Kaufman -Benson Hts Stipulatiori:doc ---------~----- 1 2 3 4 5 6 7 8 9 ORDER Based upon the foregoing stipulation which is adopted herein, and whereas Applicant has agreed to the terms set forth above, and Appellant now seeks to withdraw this appeal, IT IS HEREBY ORDERED, 1. That this matter is referred by to the City of Renton Development Services for 1 O processing and administering of the revised conceptual drainage plan and any further review; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " 2. That this matter is now dismissed with prejudice. DATED: this_ day of November, 2008. PRESENTED BY: WARREN BARBER & FONTES, PS Ann Nielsen, WSBA #31425 Assistant City Attorney for City of Renton Leonard DiFrancesco, M.S., PE On behalf of Applicant Ariel Cruz STIPULATION AND ORDER-4 Fred Kaufman, Hearing Examiner Warren Barber & Fontes P.S. Inc 100 South Second Street PO Box 626 Renton, WA 98057 ' Page 4 ,-. ----..... ,.,------------~ lFred Kaufman -Benson His Stipulation.doc_~_ . . 1 2 Robert Lyon, Appellant 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION AND ORDER -5 '" Warren Barber & Fontes P.S. Inc I 00 South Second Street PO Box 626 Renton, WA 98057 Page 5 ' I Hearing Examiner City of Renton 1055 South Grady Way Renton, WA. 98057 Robert Lyon 10817 S.E. 170 1h St. Renton, WA. 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat Attention: Hearing Examiner October 4, 2008 RECEn"f:D IJCT O 7 200s CITY OF hf.,.. iJ HEARING C:Xo'\1vi,l\i;.,i File No. L08S0007 Thank you for the notice of my Appeal Hearing for October 21, 2008. I did review the file for Benson Heights Short Plat# LUA 08-089. I was especially looking for the four documents that I requested in my letter dated September 24, 2008. Listed below in bold print is what I was able to locate in the file of the items I requested. 1. Drainage Investigation Report #2006-0668 with pictures and Report from King County Roads. Initial Report only, no pictures or Report from King County Roads. 2. Drainage Investigation Report# 1989-0800. Not found. 3. The file on the installation and correspondence relating to the 21 inch drain line and catch basin installed across S.E. 170 1h St. and parcel# 29230599026 (Benson Heights Short Plat). Not found. 4. Building Permit for 10819 S.E. 170 1h St. Project #B06L0824 Parcel #2923059128 Lot #2 KCLLA. Found only 1 page. These four documents I requested are directly related to the issues I addressed in my Appeal letter dated September 24. 2008. And what I was unable to locate should be made available. N • Denis Law, Mayor September 30, 2008 Robert Lyon I 0817 SE I 70th Street Renton, WA 98055 RE: Benson Heights Short Plat Appeal LUA 08--089 Dear Mr. Lyon: CIT~F RENTON Hearing Examiner Fred J. Kaufman This office has received your appeal letter on the above referenced matter. Please be advised that the appeal hearing has been scheduled for Tuesday, October 21, 2008 not to start before 10:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. :The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, /1_ & 1cc~r '-=:lc,t--;1~,---/ Nancy Thompson Secretary to Hearing Examiner City of Renton Encl: Copy of Appeal Letter cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Jennifer Henning, Development Services Rocale Timmons, Development Services Stacy Tucker, Development Services Parties of Record: King County Personnel Lynda A Greene Leonard Difrancesco Ariel Cruz NgyTeng 1055 South Grady Way-Renton, Washin._gt_o_n_9_8-05_7 __ -(-42_5_)-43-0--6-5-l-5 ____ ·~ AHEAD OF THE (:lJRVE *' CIT~F RENTON Hearing Examiner Fred J. Kaufman 0~(\'Y 0~, ; ~ i Denis Law, Mayor ~N~o;,,---------------------------- September 30, 2008 Robert Lyon 10817 SE 170"' Street Renton, WA 98055 RE: Benson Heights Short Plat Appeal LUA08-089 Dear Mr. Lyon: This office has received your appeal letter on the above referenced matter. Please be advised that the appeal hearing has been scheduled for Tuesday, October 21, 2008 not to start before 10:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, 11 a 1tcJ ,~-1--:ni,_,,,_,;---,--____ j Nancy Thompson Secretary to Hearing Examiner City of Renton Encl: Copy of Appeal Letter cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Jennifer Henning, Development Services Rocale Timmons, Development Services Stacy Tucker, Development Services Parties of Record: King County Personnel Lynda A Greene Leonard Difrancesco Ariel Cruz NgyTeng I 055 South Grady Way -Renton, Washington-98_0_5_7---(4-2-5)_4_3_0--6-51_5 ____ ~ AHEAD OF THE CCRVE September 30, 2008 Robert Lyon 10817 SE 170th Street Renton, WA 98055 RE: Benson Heights Short Plat Appeal LUA08-089 Dear Mr. Lyon: CIT1 This office has received your appeal letter on the above referenced matter. )F RENTON Hearing Examiner Fred J. Kaufman Please be advised that the appeal hearing has been scheduled for Tuesday, October 21, 2008 not to start before 10:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, /( ti1cf ,J,1-7, '/'-«A_,__ _,i Nancy Thompson Secretary to Hearing Examiner City of Renton Encl: Copy of Appeal Letter cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Jennifer Henning, Development Services Rocale Timmons, Development Services Stacy Tucker, Development Services Parties of Record: King County Personnel Lynda A Greene Leonard Difrancesco Ariel Cruz NgyTeng ----l-05_5_S_o_u_th_G_r_ad_y_W_ay---R-e-nt-o-n,-W-a_s_h,-.n-gt_o_n _9-80_5_7_--(4_2_5_) _43-0--6-5-15 ____ ·~ AHEAO OF THE CURVE ' ' ,. '&-in; e Wet 1-+m "~y o CITY •F RENTON 0~~ R :& Department of Community and + ..a + Economic Development ~R Q<:i)'o-D-•n-is_L_•_w_, M_a_y_o'------------------A-le_x_P_ie_ts_cb_,_A_d_m_in_i_st-ra-to_r __ N'N?f September 17, 2008 Robert Lyon 10817 SE 170th Street Renton, WA 98055 GITY Of RENTON SEP 1 S 2008 RECEIVED CITY CLERK'S OFFICE SUBJECT: BENSON HEIGHTS SHORT PLAT RECONSIDERATION REQUEST (FILE NO. LUAOS-089 & L08S007) Dear Mr. Lyon, This office is in receipt of both of your letters; one dated August 13, 2008 (received August 14th) and the other dated August 14, 2008 (received August 15 1h); in which you requested reconsideration of the. preliminary approval along with an appeal for the Benson Heights Short Plat. The City is in receipt of your appeal, but the appeal will not be processed until the reconsideration has been issued. Your reconsideration request appears to be in regards to clarification on items within the Report and Decision, dated August 5, 2008. Specifically you have requested: I. That you be provided a copy of the preliminary approved Drainage Plan. 2. Clarification of Sec.tion F. 1 of the Report and Decision (Lot Pattern and Density) as to.whether 7 or 8 dwelling units have been approved. 3. A determination as to whether or not there is adequate parking for the existing duplex. 4. A determination as to whether or not the· parking has been reviewed and approved for the proposed plat. Analysis 1. Drainage Plan A copy of the revised Conceptual Drainage Plan, submitted to King County Department of Development and Environmental Services (DDES) on June 25, 2008, is attached. The conceptual plan was preliminary approved as part of the Preliminary Short Plat approval. The required improvements for the proposed short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 if the 2005 Surface Water Design Manual (SWDM). Therefore, prior to short plat recording the applicant will be required to submit and have the final drainage plans approved; designed to the standards outlined in the 2005 SWDM. ---.----10-5-5-So_u_th_Gra_d_y_W_a_y~--R-en_t_on-.-W-as-h-in_gt_o_n_9_80_5_7 ______ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE Page2 2. Number of Units The applicant has proposed to short plat an existing parcel into 5 lots for the construction of 3 new two-unit townhouse structures and the retention of an existing duplex; for a total of 8 units. The proposed two-unit townhouse structures would be located on 3 of the 5 proposed lots (Lots 1, 2, and 3). Both of the units in the existing townhouse structure are proposed to be located on separate lots; creati:ng two fee . simple lots (Lots A & B). The project site totals 0.39 acres in area and is zoned Residential-18 (R-18) with a maximum density of 18 dwelling units per acres; or a maximum of7 dwelling units for the site (18 units x 0.39 acres= 7.02 units). The proposed density is 20.5 dwelling units per acre (8 units I 0.39 acres = 20.5 units/acre). However; the applicant is proposing to use the Residential Density Incentive, per King County Code (KCC) 21A.34.040.F.4.c Energy Conservation, to increase the density to allow 8 total units. The provision states that: "developments located within Y. mile of transit routes served on at least a half-hourly basis during the peak hours and hourly during the daytime non~peak hours" will be given a density incentive ofa "10 percent increase above the base zoning". · The site is within Y. mile of a Metro bus stop with.% hour transit services during the peak hours and hourly services during the non-peak hours. The bus stop is at the intersection of 108th Avenue and SE 176th along service transit line 169. Therefore, the applicant is eligible. for the density incentive. The 10 percent increase above the base density allows a density incentive of l.8 units per acre (18 units/acre x 10 percent= 1.8 units/acre) or0.702 units (1.8 units/acre x 0.39 acres). After adding the 0.702 units to the number of units a1lowed'through the b~ density and rounding the nearest whole number (per KCC21A.34.0SO); 8 .units would be allowed for the proposal (0.702 units+ 7.02 units= 7.74 units; rounding up to 8 units). In order to alleviate concerns of increasing the density ofthe proposal in the future; a note should be recorded on the face of the short plat limiting the Lots A and B to one unit per Jot in the future. As a condition of preliminary short plat approval, it is recommended that a note .be recorded on the face of the short plat with respect to Lots A and B, stating that in the event the existing two-unit townhouse is destroyed, removed or demolished; that no more than one unit may be constructed on each lot. This would ensure that no more than 8 dwelling units will be developed on the subject property. 3. Adequacy of Existing Parking KCC 21A.18.030 requires a minimum of2 parking spaces for each townhouse-unit. Each existing townhouse unit contains one single0 car garage. The applicant would need to provide adequate space for an additional parking stall on each lot. The applicant is proposing the removal of existing asphalt on portions of Lots A & Bin the amount of 1,667 square; and is proposing to replace with new landscaping. The asphalt has historically has been used as parking for the existing two-unit townhouse. However, the applicant is proposing to use the revised ingress and egress, to Lots A & B, for the parking of one additional vehicle per lot.. Per KCC 2 lA.18.110, Off Street Parking Plan Design Standards, the minimum width of a parking stall can be 8.5 feet and must be at least 18.0 feet deep. The applicant would also have to provide a minimum of20 feet, in addition to the depth of the stall, for back-out room. The • ' ,. Page 3 • • applicant's proposed dimensions for the ingress and egress of Lots A & Bare IO-feet wide by 38-feet deep. The applicant has provided adequate parking for the two existing townhouse units. 4. Parking for Future Construction As mentioned, on Page 5, in the Preliminary Report; the applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots I -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of the short plat application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed.as an approval · · of these planned improvements, nor an endorsement that such improvements will meet zoning dimensional requirements and will fit on these lots. Review and approval of these planned improvements and uses for these lots will occur through the building petn1it review process, following the recording of the subject short plat. The proposals compliance with the parking code will be reviewed during the building permit review process and the applicant will be required to comply with standards listed in KCC 2IA.18, Development Standards-Parking and Circulation. The proposed lots appear to contain adequate area to provide all required parking. Conclusions I. A copy of the preliminary drainage plan will be attached, as Exhibit 2, to the Report and Decision. 2. The applicant should be allowed to develop the subject property with a total of eight dwelling units. 3. There appears to be adequate parking for the existing duplex. 4. The proposed lots appear to contain adequate area to provide all required parking for the proposed plat. Compliance with parking requirements for each lot will be reviewed at the time of building permit review. Decision The approval for the Benson Heights Short Plat, File No. LUAOS-089 (KC File No. L08S007), SHPL-A, is upheld and is modified to include the following condition: 1. A note shall be recorded on the face of the short plat with respect to Lots A & B, stating that in the event the existing two-unit townhouse is destroyed, removed or demolished; that no more than one unit may be constructed on each lot. I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until October I, 2008 at 5:00 p.m. Please let me know if this reconsideration letter satisfies all the issues raised in your letters. If the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing your appeal request. If you wish to still pursue the appeal, please let the City know to begin processing your app.eal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, October 21, 2008. As the City is already in receipt of your original appeal, it Page4 . • • . is not necessary to resubmit a new appeal. However, ple8$e note that you or a representative will be required to be present for your appeal. If you have any further questions, ple8$e contact the Project Manager, Rocale Timmons at (425) 430-7219 City of Renton Municipal Code Section 4s8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's. Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. Vincent, Director. Planning· Division cc: Jennifer Henning, Currt:llt Planning ~ger · · Rocale TimmQ!lS, Associate P~ · Bonnie Walton, City Clerk Ann NMsen, City Attorney Office Owner Applicant Parties of Record File LUA08-089, SHPLCA ... "' m I n N I ~ N z 0 c= u ~ ~z ~o 0 t; ~= "-'i' -~ bj ; l.LI :,-: I~ ~z ~~ og -;~ "'" z ~ 0 z 0 ;= ~ 0 ~ "' ~ ~ i: u e Cl ~ " u -.:..,,;- <llJ. ~-• H 01 S.• 1 ! a 3 i § ,,, ~~;,-~ HIL1 1,, t;l!I! i; Ii I ti H l I l l I I ! i ! I I [.I mi [~wr· ... ii~ ,,r.o "'----'--'--"--~·-'--· I ' 0 . /" "~y o CIT~ F RENTON \~": D-tofCo=nni'Y ,ml _ Economic Development ~r; 0t,,;:;.,_;.,.-D-en-is_L_•_w_, M_a_y_o'------------------A-le_x_P_i•_ts_ch_,_A_d_m_in_i_st_••_t_o• __ ~·Nrt September 17, 2008 Robert Lyon . 10817 SE J 701h Street Renton, WA 98055 SUBJECT: BENSON HEIGHTS SHORT PLAT RECONSIDERATION REQUEST (FILE NO. LUA08-089 & L08S007) Dear Mr. Lyon, This office is in receipt of both of your letters; one dated August 13, 2008 (received August 14th) and the other dated August 14, 2008 (received August 15th); in which you requested reconsideration of the preliminary approval along with an appeal for the Benson Heights Short Plat The City is in receipt of your appeal, but the appeal will not be processed until the reconsideration has been issued. Your reconsideration request appears to be in regards to clarification on items within the Report and Decision, dated August 5, 2008. Specifically you have requested: 1. That you be provided a copy of the preliminary approved Drainage Plan. 2. Clarification of Section F. l of the Report and Decision (Lot Pattern and Density) as to whether 7 or 8 dwelling units have been approved. 3. A determination as to whether or not there is adequate parking for the existing · duplex. 4. A determination as to whether or not the· parking has been reviewed and approved for the proposed plat. Analysis I. Drainage Plan A copy of the revised Conceptual Drainage Plan, submitted to King County Department of Development and Environmental Services (DDES) on June 25, 2008, is attached. The conceptual plan was preliminary approved as part of the Preliminary Short Plat approval. The required improvements for the proposed short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 if the 2005 Surface Water Design Manual (SWDM). Therefore, prior to short plat recording the applicant will be required to submit and have the final drainage plans approved; designed to the standards outlined in the 2005 SWDM. -------10_5_5-So_u_th_G_r_ad_y_W_a_y---R-en_t_on-, _W_as_h_in_gt_o_n_9-80_5_7 ______ ~ ~ l'his.papercontains 50% recycledmate·rtal, 30% post oonsumer AHEAD OF THE .CURVE Page 3 applicant's proposed dimensions for the ingress and egress of Lots A & Bare 10-feet wide by 38-feet deep. The applicant has provided adequate parking for the two existing townhouse units. 4. Parking for Future Construction As mentioned, on Page 5, in the Preliminary Report; the applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots 1 -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of the short pb1t application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed as an approval of these plarmed improvements, nor an endorsement that such improvements will meet zoning dimensional requirements and will fit on these lots. Review and approval of these plarmed improvements and uses for these lots will occur through the building permit review process, following the recording of the subject short plat. The proposals compliance with the parking code will be reviewed during the building permit review process and the applicant will be required to comply with standards listed in KCC 2 IA.18, Development Standards -Parking .and Circulation. The ·· · proposed lots appear to contain adequate area to provide all required parking. Conclusions I. A copy of the preliminary drainage plan will be attached, as Exhibit 2, to the Report and Decision. 2. The applicant should be allowed to develop the subject property with a total of eight dwelling units. 3. There appears to be adequate parking for the existing duplex. 4. The proposed lots appear to contain adequate area to provide all required parking for the proposed plat. Compliance with parking requirements for each lot wiJI be reviewed at the time of building permit review. Decision The approval for the Benson Heights Short Plat, File No. LUAOS-089 (KC File No. L08S007), SHPL-A, is upheld and is modified to include the following condition: 1. A note shall be recorded on the face of the short plat with respect to Lots A & B, · stating that in the event the existing two-unit townhouse is destroyed, removed or demolished; that no more than one unit may be constructed on each lot. I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until October 1, 2008 at 5:00 p.m. Please let me know if this reconsideration letter satisfies all the issues raised in your letters. If the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing your appeal request. If you wish to still pursue the appeal, please let the City know to begin processing your appeal. The appeal to the Heariug Examiner is tentatively scheduled for 9:00 am, Tuesday, October 21, 2008. As the City is already in receipt of your original appeal, it Page4 is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219 City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, ( 425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Roe ale Timmons, Associate Planner Bonnie Walton, City Clerk Ann Nielsen, City Attorney Office Owner Applicant Parties of Record File Ll.TA08'0&9, SHPL'A V, ' n N ' m N z 0 cc u "' V>z ~o ot; ~= "-I ~ V, t=i~ w >-- I~ e-z ~ => 03 z~ ;. ' t ! I . ' I! I znHo -,mr 'lHOHS SlH013H NOSN3S >-~ z ::, 0 u "' z Q "' u 0 ~ m ~ " > 0 "' Q_ Q_ " e i ;;! e I 0~:fiEt"'' CITY -.F RENTON + • >+-+ ~~.-artment of Community and Economic Development ~ ~ ~ Denis Law, Mayor Alex Pietsch, Administrator ~N~01;-------------------------~ September 29, 2008 Robert Lyon 10817 SE I70'h Street Renton, WA 98055 SUBJECT: BENSON HEIGHTS SHORT PLAT RECONSIDERATION REQUEST (FILE NO. LUA08-089 & L08S007) Dear Mr. Lyon, This office is in receipt of your letter; dated September 24, 2008; in which you requested a meeting to review and make copies of documents related to the above mentioned project. A scheduled meeting is not needed in order to view the City file and make copies. The compete file for the Benson Heights Short Plat, File #LUAOS-089, is currently kept on the 6th floor of Renton City Hall, 1055 South Grady Way. Our offices are open weekdays from 8 :00 AM to 5 :00 PM. Staff can provide you with the file and make copies of any documents you wish for 15 cents per single-sided page (30 cents per double-sided page). In your letter you also requested direction from the City for proceeding with your appeal. Unfortunately, City Staff is unable to give you direction with respect to your presenting your appeal. I am happy to go over the basic procedures for processing appeals to Hearing Examiner of administrative decisions ( attached). However, you may want to seek the advice of an attorney for advice in presenting your appeal. If you have any further questions, please contact me at (425) 430-7219. Si•=~~ Roe e Timmons As ociate Planner cc: Fred Kaufman, Hearing Examiner File LUAOS-089, SHPL-A -------10_5_5_S_ou_t_h_G-ra_d_y_W_a_y_--R-cn-t,-m-. -\,-'a-sh-in_gt_o_n_9_8_0_57 _______ ~ @ This paper contains ~,J 0iC recycled material, 30% post consumer AH.EAD OF TH.E CURVE ,. ' I Hearting Examiner City of Renton 1055 South Grady Way Renton, WA. 98057 Robert Lyon I 0817 S.E. 170'h St. Renton, WA. 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat Attention:. Rocale Timmons September 24, 2008 File No. L08S0007 In my phone conversation with you 9-22-08 I stated that I was proceeding with this Appeal and requested that a meeting be set up with so that I could review and make and copies of King County documents which I do not have related to the drainage issues on my property (which then impacts the Benson Heights Short Plat). I will bring my file for your review to determine if there are any drainage related documents in my file which you do not have. I am requesting copies of the following King County Documents: I. Drainage Investigation Report #2006-0668 with pictures and Report from King County Roads. 2. Drainage Investigation Report# l 989-0800 3. The file on the installation and correnpondence relating to the 21 inch drain line and catch basin installed across S.E. l 70'h St. and parcel # 29230599026 . (Benson Heights Short Plat) 4. Building Permit for 10819 S.E. l 70'h St. Project #B06L0824 Parcel #2923059128 Lot#2 KCLLA I am requesting direction on how I should preceed with my Appeal. I think that a meeting with the City of Renton Drainage Department would be the place to start. My drainage request is that the proposed drain line be extended to the east property line of Benson Heights Short Plat with a catch basin and short stub line to allow my drain line to enter the drainage system at the Right-of-way on S.E. 170 th St. Because of oversights or decisions by King County my existing drain line which was blocked off and not reconnected when the 21 inch line was installed. The Building Permit for the recent construction for 10819 S.E. l 70'h St. required no drainage plan, even the drainage review was waved. Both of these issues have not only created a drainage problems on my property, but I have been left with the cost to address and correct these drainage problems. This line and catch basin requested would allow for a future drain line to the east to address the remaining 375 feet in this drainage basin. The stub from the catch basin would allow for connection to Area Drain# I. ,• I Background History: Prior to 1986 Julius Carpenedo, Property owner to my west, Parcel#2923059026 (now the Benson Heights Short Plat) installed a new 21 inch drain line across S.E. 170'h St. and his property to provide the necessary space for a second duplex to be built. In 1987 I experienced major flooding problems both in my basement and on my property. At that time I called King County to question wether the easterly drain line had been reconnected to the new drainage system. After a review by King County I was told that the decision to relocate this drain line was done without an on-site field review, and that the drain line to the east must have been disconnected and not re-connected. They said the line was not on their drawings and that it was the property owners problem. I then reqested to connect at the new catch basin and was told I couid not as it was seven feet on private property, I then requested to connect in the Right-of-way and was told the line was not approved. At that time to prevent further damage to my property I installed a temporary line to the south end of the new drainage system. King County would give me no further information regarding connecting to this line. In my discussion with the property owner he indicated that the County wanted more Right-of-way than he thought was necessary.(! guess we need the file for the whole story). The downstream drainage section directly west of the 21 inch drain line outfall was not maintained by the ajacent property owners for more than twenty years, over these twenty years I removed sediment, blackberry vines, maple leaves and limbs. When I talk to King County Drainage Investigators Alan Meyers P.E. (1998) and Shawn Bergrud (2006) I was told there was nothing they could do about it even when sections were being filled with wood chips. Both of these properties have been occupied with renters. And the last time I spoke with the owner of the property to the south he requested that I stay off his property. To add to my drainage problem in 2006 King County allowed a new home to be built directly east of property without a drainage plan or review. See Drainage Investigation Report 2006-0668 and pictures. Looking for direction in this transitional process, and believing that this is the time it can be solved. T~You ~4a'~ Robert B. Lyon 4dded Ii Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Robert Lyon 10817 S.E. 170th St. Renton, WA 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat CITY OF RENTO!i AUG 1 6 2008 RECEIVED CITY CLERK'S OFFICE flt111d 1Je/i'ilereiw August 14, 2008 File No. L08S0007 This is additional information regarding Item #2 in my letter dated August 13, 2008. This Report and Decision on Short Subdivision File No. L08S0007 was the first notice that I received that eight units were proposed for this Short Plat. My main concern is parking, as the current vehicle parking on the south side of S.E. 170th St. regularly impacts our driveway entrance and mail box. Also this Short Plat Plans indicate the removal of approximately 1050 sq. ft. of asphalt parking area on Lots A&B. Has King County addressed this parking issue, prior to allowing an eighth unit on this Short Plat? Thank You ~<bl~ Robert B. Lyon CC: Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Robert B. Lyon 10817 S.E. 170th St. Renton, Washington 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat August J.t 2Q08 Cl, , Or RENT01{ AUG J 4 2008 J/:3() f)lt1 llECEiV~J -~ CITY CLERK'S OFF!CE File No.: L08S0007 I am requesting an Appeal/Reconsideration on the following items: 1. In my letter to King County dated March 15, 2008 (copy enclosed); I requested a copy of the plans with revisions to review prior to a final decision on this Short Plat application. To date I have not received that information. On August 13, 2008 I met with Rocale Timmons, Associate Planner City of Renton and requested a copy of the drainage revision made June 25, 2008. She indicated that she did not have a copy of drainage plans or revisions. She requested that I contact King County for these items. I contacted Fereshteh Dehkordi, Project Manager DOES, who referred me to Curt Foster Sr., Engineer DOES who indicated that I should talk with Mark Fullmer, Preliminary Engineer Review DOES. I told Curt Foster that due to the uncertainty of who was responsible to provide this information in the transitional process between King County and the City of Renton I would request an Appeal/ Reconsideration. I have also enclosed my letters to King County dated March 12 and 18, 2008, regarding these revisions. 2. I am also requesting clarification to Section F, 1 Lot Pattern and Density. Is this Short Plat proposed for 7 or 8 units? Cc.: Thank You /; '..4:~~~~ "lzobert B. Lyon ' King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 15, 2008 Thank you for your quick response to my phone call regarding my existing drain outlet, which would end under the proposed concrete patio pad of Lot #3 Cruz Short Plat. You indicated that you had spoken with Leonard Difrancesco the Plat Engineer about this item and that he has agreed that the connection of my drainage line to the new drainage system would be noted on the plans as a condition of the Cruz Short Plat approval. You also said that there would be an extended asphalt ramp installed from the east end of the sidewalk, but that I would be responsible for the asphalt driveway apron to my property. I am requesting a copy of the plans with the revisions, to review prior to a final decision on the Cruz Short Plat application. Thank You, :;fJd,~ Robert B. Lyon 10817 S.E. 170 th. St. Renton, Washington 98055 Ph# 425-255-0395 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057-5212 Robert B. Lyon 10817 S.E. 1701h Street Renton, Washington 98055 Ph # 425-255-0395 TO: Fereshteh Dehkordi DOES Project Manager RE: Cruz Short Plat File No.L08S0007 March 12, 2008 This is a follow-up letter to the hand written questions that I gave to Lanny Henoch, on March 11, 2008. I) Where do I re-direct the outlet of my current drain line? 2) Approximately 90% of the drainage now flowing to the proposed Area Drain # 1, enters from the existing Right of Way on S.E. I 70'h St. Is this the accepted policy of King County and the City of Renton, to allow drainage from the existing Right of Way, back into a private drain line? 3) I noted on March 11, 2008, that building a fence on the property line would obstruct the flow to Area Drain #I. As of March I, 2008 the Right of Way on S.E. 170'h Street has now been annexed to the City of Renton and the drainage from the Right of Way impacts the drainage facilities proposed by King County Land Use Service Division on the Cruz Short Plat. I am requesting in writing the procedures King County wants me to take in addressing this drainage issue with the City of Renton. Give me a call (425)255-0395 if you wish to schedule a meeting. Sincerely, 42t:~ King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 18, 2008 Leonard Difrancesco (Plat Engineer) came to talk to me on March 17, 2008 and proposed a tight line to my footing drain for property drainage. At that time I mentioned to him that a tight line would not collect all the necessary drainage. I have drawn up a plan to collect this drainage (shown on attached drawing), which includes 65 feet of 4 inch perforated pipe with drainage rock. As there is no information as to who is responsible to maintain the drainage outlet to private property.(South property line between Lots 2&3) which would include the right to enter the property, the cutting of heavy grass, and the removal a considerable volume of maple leaves each fall (see plans for location of five maple trees). I am requesting that the proposed drainage on S.E. 1701h Street be extended to the east property line of Short Plat with a catch basin, and that my drain enter the drainage system at the right-of-way on S.E. I70tll Street. Please give me a call to schedule a meeting to review and discuss any of the issues addressed in this letter. · cc: Leonard Difrancesco Thank u ~~~~ obert B. Lyon 10817 S.E. 170tll St. Renton, Washington 98055 Ph# 425-255-0395 .,. .... , j ... . .. ·~ ::r: .~... ....... ····-• r".__, .... , ~ O':l :21 20 0 ~ 10 zo •r-=.-,·-----,.L-----.! __.~ ( IN 1 Inch ,-~~y (5 ~~;,¢/ rll~ • -~'<:-, ·/: CITY OF RENTON City Clerk Division 1055 South Grady Way Renton, WA 98057 425-430-6510 • Receipt '" ' ~ \ , !, """' 1182 Date O'l'-1~08 0 Cash D Copy Fee D Notary Service D Check No. 'fDAppeal Fee D ----------- Description: A:f~1R J £u. fu !k,.v,.s;-W\. \-\:.... ".)l,i\...b .:Sp \l:-L tJ.8 sooo I Funds Received From: Name Address City/Zip •~-·.=.c--~," ,c,.,,,., ~40. t L4 oY1. \0 <i'\'1 s-c \ 1 {) ~ tit - \<..o.v-._& \.JA °' w 55" Amount$ 1S.OO . a,-4~ City Staff Signature , . .. t tQ King County DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 REPORT AND DECISION SHORT SUBDIVISION File No. L08S0007 A. DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: This is a short subdivision of a 0.39-acre parcel into 5 lots for duplex dwellings in the R-18 zone. The proposed density is 20.5 dwelling units per acre. The proposed lot sizes range from approximately 2,500 to 3,400 square feet. Please see Attachment 1 for a copy of the short plat map. B. GENERAL INFORMATION: Owner/Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Application Vesting Date: Benson Heights Short Plat Ariel Cruz 3318 30 1h Avenue SW# B506 Seattle, WA 98126 LD Engineering, LLC Leonard DiFrancesco 105 Harvard Avenue E, # 106 Seattle, WA 98102 SE 29-23-05 10801 SE 170'h Street, Renton R-18 0.39 acre 5 18 du/acre Ranges from 2,500 to 3,400 sq.ft. Duplex residential units Soos Creek Water & Sewer District Soos Creek Water & Sewer District King County Fire District 40 Renton School District February 12, 2008 Page 1 King Co. File No.: L08S0007 City of Renton File No.: LUA08-089, SHPL-A C. HISTORY and BACKGROUND On November 6, 2007, the voters of Renton's Potential Annexation Area known as the "Benson Hill Communities Potential Annexation Area" approved a proposition to annex to the City of Renton. Effective March 1, 2008, the City approved an ordinance to accept the annexation area and all local governmental land use authority and jurisdiction with respect to the Annexation Area transferred from the County to the City upon the effective date. The City and the County approved execution of an lnterlocal Agreement relating to the Annexation Area for the purpose of in part establishing the process and authority for discretionary decisions with respect to land use and permitting from and after the date of annexation. Therefore under the provisions of Section 2.3 of the agreement, the County has prepared this report and recommendation to the City's designated decision-maker for a final decision. The City is responsible for scheduling, providing notice, conducting any appeals hearing and making any final decision for this application. County staff will attend an appeals hearing to testify with respect to analysis set forth in the County's report and recommendation if the application is appealed. The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Subdivision Technical Committee with a revlsed site plan on June 25, 2008. The modifications include provision of an adequate recreation area tract and minor technical adjustments to the proposed drainage facility. D. NATURAL ENVIRONMENT 1. Topography: Most of the site is level. There is a slight downward grade of approximately 5 % in the southeast portion of the site. 2. Soils: One soil type is found on this site per the1973 King County Soil Survey. The entire site is classified AgC. The following are AgC soil characteristics: AgC -Alderwood gravely, sandy loam; 6-15% slopes. Runoff is slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations due to a seasonally high water table and slope. It has a severe limitation for septic tank filler fields due to very slow permeability in the substratum. 3. Hydrography: A stream reconnaissance report was prepared by Altmann Oliver Associates, LLC dated March 21, 2008, to evaluate and determine if the existing drainage course (ditch) will meet the criteria for a stream under the Critical Area Ordinance and thus would need to be regulated. The study concluded that the existing drainage course does not meet the criteria for a stream. The King County Senior Ecologist has reviewed the study and has performed a site visit. He concurs with the report's findings and conclusion. 4. Vegetation: This site is primarily covered in pasture grasses. Scattered evergreen and deciduous trees and brush occur in limited numbers. Benson Heights Short Plat Page 2 King Co. File No.: L08S0007 City of Renton File No.: LUAOS-089, SHPL-A . ' • 5. Wildlife: Small birds and animals may inhabit this site; however, their population and species are limited due to nearby development. No threatened or endangered species are known to exist on or near the property. 6. Mapped Critical Areas: The Critical Areas Inventory does not identify any mapped critical areas as being present on this site. E. NEIGHBORHOOD CHARACTERISTICS: F. The property is located on the southeast corner of the intersection of 1081h Avenue SE and SE 1701h Street. 108th Avenue SE curves and becomes Benson Road South, a short distance north of the site. The Site and the neighboring properties were annexed to the City of Renton on March 1, 2008 as part of the Benson Heights annexation. The site and the properties to the south and north are zoned R-18. Properties across the road to the west are zoned R-12 and qre developed with single family houses. Properties to the east of the site are zoned R-12 and are developed with multifamily residential structures. There is a multi family residential development across the road north of the site. The site itself is developed with a residential duplex. The building will remain with each unit in the duplex placed on a separate lot. DESIGN FEATURES 1. Lot Pattern and Density: The proposal includes creation of 5 residential lots, two of which will occupy the existing duplex (one unit on each lot). The other three lots will be developed with a residential duplex on each lot, (two units on each). A total of 8 dwelling units would be created as part of this proposal. However, based on the site's size and zoning, rig more than 7 dwelling units can be created. The applicant is proposing to use the provis1on of KCC 21A. 34.040F4, Residential Density Incentive (Energy Conservation) to increase the density to 8. The site is within Y. mile of a metro bus stop with Y, hour transit services during the peak hours and hourly services during the nonpeak hours. The bus stop is at the intersection of 108th Avenue and SE 1761h along service transit line 169. ' 2. Access/Roadway Section: This site is bounded on the west by 108th Avenue SE, an urban minor arterial, and on the north by SE 170th Street, an urban subcollector street. The existing duplex currently accesses SE 170th Street which will remain unchanged. The new lots will have access to SE 1701h Street via individual driveways. The site's frontage along SE 170th Street is a substandard shoulder section. This frontage will be improved to the urban standard consisting of curb and sidewalk. Additional right-of-way will be dedicated. Urban improvements currently exist along 108th Avenue SE. No additional improvements will be required along this road frontage. 3. Drainage: Currently, the site slopes to the south where storm water runoff leaves the site in the form of sheet flow. With the proposed development, runoff will be conveyed to the SE 170th Street storm drainage system. Both flow paths recombine in the 108th Avenue SE roadside storm drainage system. The Level 1 Downstream Analysis did not identify any flooding or drainage problems downstream from the site. Small site BM P's will be used to meet flow control and water quality requirements. Due to the frontage Benson Heights Short Plat P,,ge 3 King Co. File No. L08S0007 City of Renton File No.: LUAOS-089, SHPL-A improvements and pipe work, engineering plans and a targeted drainage review will be required. 4. Other Design Features: The proposal includes a 1,360-square-foot recreation tract to be located on the northwest corner of the site. This meets the requirements of KCC 21A.14.180A.3 for on-site recreation space. This tract will be improved with a tot lot area and landscaping. G. PUBLIC SERVICES 1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Soos Creek Water and Sewer District. A Certificate of Sewer Availability, dated January 24, 2008, indicates this sewer district's capability to serve the proposed development. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. A Certificate of Water Availability, dated January 24, 2008, indicates this water district's capability to serve the proposed development. 3. School facilities: The subject subdivision will be served by Cascade Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located within the Renton School District. 4. School Access: The District has indicated that the future students from this subdivision will be bussed to the elementary school and the high school. The school bus pick-up location is at the intersection of 1 oath Avenue SE and SE 170th Street. There will be sidewalks from the site to the bus pick-up location. The future students from this development will walk to the junior high school. Walkway conditions to the junior high consist of sidewalks and paved shoulders. 5. Parks and Recreation Space: The nearest public park is Thomas Teasdale Park located on Benson Drive South a few miles northwest of the site. KCC 21A.14 requires subdivisions in the UR and R zone classifications to either provide on-site recreation space or pay a fee to the Parks Division for establishment and maintenance of neighborhood parks. The applicant is proposing to provide suitable recreation space. KCC 21A.14.190 requires subdivisions to provide toVchildren play areas within the recreation space on-site. The recreation tract will be improved and landscaped. H. SEPA THRESHOLD DETERMINATION: I. This short subdivision application is exempt from review under the State Environmental Policy Act (SEPA), RCW 43.21C. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 2007 King County Road Be,nson Heights Short Plat Page 4 King Co. File No.: L08S0007 City of Renton File No.: LUAOB-089, SHPL-A ' Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. J. DECISION: Proposed Short Plat revised and received June 25, 2008 (Attachment 1) is granted preliminary approval subject to the following conditions: 1. KCC Title 19A Compliance with Final Short Subdivision Requirements A. The proposal shall comply with all platting provisions of the King County Code. B. The final short subdivision recording documents must be prepared by a professional land surveyor, licensed in the State of Washington. These documents shall comply with the conditions of approval listed in this letter. C. The final review process must be completed prior to the recording of the short subdivision or the sale of any lots contained within. The Department of Development and Environmental Services (DOES) strongly recommends that the Final Short Plat review package be submitted to the department at least one year prior to the expiration date of the preliminary approval letter. D. All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. E. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final short plat recording. F. Prior to recording, KCC 19A.08.160 requires that drainage facilities and erosion control measures are in place consistent with K.C.C. 9.04.090. 2. The applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots 1 -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of this short plat application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed as an approval of these planned improvements, nor an endorsement that such improvements will meet zoning dimensional requirements and will fit on these lots. Review and approval of these planned improvements and uses for these lots will occur through the building permit review process, following the recording of the subject short plat. 3. 2007 King County Road Design & Construction Standards. (KCRD&CS) Roadway improvements are required to address access requirements and impacts to existing roads and right-of-way. The extent of improvements (conditioned below) requires submittal of engineering plan and profiles and appropriate review fees. Plans shall be prepared and stamped by a professional engineer licensed in the State of Washington and contain the applicable elements outlined in 2007 KCRD&CS and/or the 2005 Surface Water Design Manual (see Section 2.2.2). (Please note that the applicant should submit the plans a minimum of one year prior to the preliminary approval ;s,.,,.s,in Heights Short Plat Page 5 King Co. File No. L08S0007 City of Renton File No.: LUAOS-089, SHPL-A 4. expiration date}. Please see Condition# 3 for additional drainage submittal requirements. All construction and upgrading of public and private roads shall be done in accordance with the 2007 KCRDCS established and adopted by Ordinance No. 15753, as amended. The proposal shall meet the following conditions: A. SE 170th Street is classified as an urban subcollector street (KCRD&CS, Section 2.03.B}. Urban frontage improvements (including curb gutter and sidewalk) shall be constructed along the frontage and additional right-of-way (ROW) shall be dedicated to provide a total of 24 feet measured from the ROW centerline. B. 108th Avenue SE is classified as a minor arterial street (KCRD&CS 2.03(A)). Direct access to arterial roads is controlled with infrequent access points (Section 2.03.B}. No direct access shall be permitted from the abutting lot. A note to this effect shall be recorded with the short plat.· C. The curb and sidewalk return at the intersection of 108th Avenue SE and SE 170th Street shall be reconstructed to current standards including sidewalk ramps (Figure 3-010) and curb return radius (Section 2.1 O.A.3.a}. Additional right-of-way shall be dedicated to provide a 25' right-of-way line radius at the comer (Section 2.10.A.4). D. Driveway connections shall comply with KCRD&CS Standard Drawing 3-004. E. Modifications.to the above road Improvement conditions may be considered by King County pursuant to the variance procedures in KCRDCS 1.12. Any request for a road variance shall be submitted to DOES on the appropriate form and with the minimum fee deposit. Other engineering details that may be shown on the preliminary site plan with the exception of the above may not have been reviewed for compliance with KCRDCS. If differences exist, the final design shall be modified to meet KCRDCS. In addition to the above conditions, a right-of-way construction permit is required for any utility work in County right-of-way. F. Street trees shall be included in the design of all road improvements, and shall comply with the KCRD&CS, Section 5.03 Surface Water Management and Control {Title 9 KCC). 2005 King County Surface Water Design Manual /SWDM) The required improvements for this short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 of the 2005 SWDM. Prior to short plat recording, the applicant shall submit drainage plans (combined with road improvement plans) and a technical information report to address the applicable design requirements shown in the KCSWDM. A. Drainage plans and analysis for lot improvements (houses driveways and parking .areas) shall be provided prior to recording and shall comply with the 2005 SWDM. ODES approval of the drainage plans is required prior to any construction. BE,cc,011 Heights Short Plat Page 6 King Co. File No.: L08S0007 City of Renton File No.: LUAOB-089, SHPL-A ' ' B. Standard plan notes and a construction sequence as specified in the SWDM shall be shown on the drainage plans. See KCRD&CS, Section 78). C. To implement the required Best Management Practices (BMP) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. As described in Chapter 5 of the drainage manual, a subdivision project may implement the required BMPs or defer the BMP requirements until future review of building permits. In either case, the final engineering plans shall clearly indicate the applicable BMP standards and requirements for implementation on the recorded plat. Any proposed clearing and grading of the site shall also comply with the soil amendment requirements in KCC 16.82.100. D. If the storm water BM P's are deferred until building permit review, the following note shall be shown on the final recorded plat: "Permit applications for buildings or other improvements constructed on lots created by this subdivision must be reviewed by King County for compliance with Best Management Practices (BMP's) and other applicable drainage standards as specified in the SWDM. As determined by King County, the permit applicant for each lot must prepare a drainage site plan with procedures for design and maintenance details, and record a declaration of covenant and grant of easement for implementation of the BMPs. • E. Consistent with authority and procedures outlined in Chapter 1.4 of the KCSWDM, drainage adjustments to any of the above requirements may be considered. Adjustments shall be submitted to DDES on the appropriate form and with the appropriate fee deposit. 5. Site Improvement Inspections, Fees & Financial Guarantees (Title 19 & 27) This short plat is required to construct frontage improvements and drainage facilities. Approved engineering plans, inspection fee and applicable financial guarantees are required prior to either starting construction or recording this short plat. At the time of engineering plan approval, the applicant will be notified of the fee amount that will be required to inspect construction (which shall be deposited with DDES) and of the financial guarantee amount(s) required prior to scheduling of the pre-construction meeting. Please note that the pre-construction meeting is mandatory prior to the start of any work (including site clearing), or the recording of the short plat. 6. Health (KCC 13) This project is exempt from further King County Heath Department review. However, if improvements are required by the sewer and/or water purveyor to serve the lots in this short plat, then written documentation shall be provided from said purveyor(s) to verify that the required improvements have been bonded and/or installed, and all necessary easements have been provided, prior to final recording of the short plat. 7. Building and Construction Standards /Title 16) The site plan identifies 8 trees with a circumference of 8 inches or larger. The applicant shall comply with all applicable provisions of KCC Chapter 16.82, including KCC Br.o:1son Hr9ights Short Plat Paqe 7 King Co. File No: L08S0007 City of Renton File No LUAOB-089, SHPL-A 8. 9. 10. 16.82, 156 concerning the preservation of "significant trees" on short subdivisions located in the King County "Urban" designated area. A detailed tree retention plan, which complies with KCC 16.82.15662 and other applicable requirements of this Code section, shall be submitted to ODES for review and approval prior to engineering plan approval (if required), or prior to final short plat approval where engineering plans are not required. Bonding may be required by ODES to assure implementation of the tree retention/replacement plan. No clearing or grading of the site shall occur until ODES approves the detailed tree retention plan (and engineering plans where required). Fire Code (KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code- The existing fire hydrant and the available fire flow and fire apparatus access are adequate. Fire Marshal approval is granted with no additional requirements. Density and Dimensions /KCC 21A.12) All lots shall meet the density and dimensions requirements of the R-18 zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/or do not create additional lots may be approved at the discretion of the Department of Development and Environmental Services. The proposal shall meet the following: A. The proposal is using the provision of KCC 21A.34.34.040.F4 to increase the. density to a total of 8 units. A duplex building consisting of two dwelling units may be constructed on the new lots (Lots1-3). B. The proposal is to retain the existing duplex building with each unit on its underlying lot (Lots A and B). Prior to the final approval, the applicant shall demonstrate that the existing building meets the building code requirements where attached units are located on two separate lots. Recreation Tract, KCC 21A.14.180 At a minimum a 1,360 square feet recreation tract shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). A. A detailed recreation space plan (i.e., landscaping in accordance with 21A.16, equipment specs, fencing, etc.) with appropriate fees shall be submitted for review and approval by ODES prior to or concurrent with the submittal of the final plat documents. This plan shall include location, area calculations, dimensions, and finish grade. B. A performance bond for recreation space improvements shall be posted prior to recording of the plat. C. A homeowner's association or other workable organization shall be established to the satisfaction of DOES which provides for the ownership and continued maintenance of the recreation tract. 11. Street Trees (KCC 21A.16) -Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): Bronson Heights Short Plat Page 8 King Co. File No.: L08S0007 City of Renton File No.: LUA08-089. SHPL-A A. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. B. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Design and Construction Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. C. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. D. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. E. The species of trees shall be approved by DOES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at 684-1622 to determine if 1081h Avenue SE and SE 1701h Street are on a bus route. If either is on a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within two year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for two years. After two years, the maintenance bond may be released after ODES has completed a second inspection and determined that the trees have been kept healthy and thriving. 12. Road Mitigation Payment System The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording. If this option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS) have been paid." Or Bc'-SOn Heights Short Plat Pc1ge l) King Co. File No. L08S0007 City of Renton File No.: LUAOS-089. SHPL-A B. Pay the MPS fee at the time of building permit issuance. If this option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated by circumstances. B. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Approved by~e City of Renton C.E. Vincent, Planning Director Parties and Persons of Interest: BOTTHEIM STEVE SUPERVISOR, CPLN LUSD MS OAK DE 0100 CLAUSSEN KIM PPMIII, CPLN LUSD MS OAK DE 0100 CRUZ ARIEL, 3318 30TH AVE SE i8506 SEATTLE WA 98126 Date: August 5, 2008 DEHKORDI FERESHTEH PPMII, CPLN LUSD MS OAK DE 0100 DIFRANCESCO LEONDARD, 105 HARVARD AVE E #106 SEATTLE WA 98106 FGMU/DDES FOLLMER MARK PRELIM REVIEW ENGR, ERS LUSD MS OAK DE 0100 FOSTER CURT SR ENGR, ERS LUSD MS OAK DE 0100 GREENE LYNDA A, 10824 SE 170TH ST B206 RENTON WA 98055 HENOCH LANNY PPMIII, CPLN LUSD MS OAK DE 0100 LYON ROBERT B, 10817 SE 170TH ST RENTON WA 98055 TENG NGY, 17003 -105TH AVE SE RENTON WA 98055 TOWNSEND STEVE SUPERVISOR, LUIS/LUSD WHITING KELLY KC DOT, ROAD SVC DIV MS OAK DE 0100 Benson Heights Short Plat Page I 0 King Co. File No. L08S0007 City of Renton File No.: LUAOB-089, SHPL-A ... )' < RIGHT TO APPEAL The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 19, 2008. An appeal of the decision(s) must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110.B governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $75.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision- maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. EXPIRATION: The administrative short plat decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-7-070.M. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. Benson Heights Short Plat Pc1gc 11 King Co. File No. L08S0007 City of Renton File No.: LUAOS-089, SHPLcA NOTICE OF DECISION File No.: L0850007 Applicant: Con su Ila nt: City Contact: Project Location: Project Description: Permits Requested: Zoning: Drainage Basin: Department Decision: SEPA Threshold Determination: Appeal Deadline: Appeal Procedure: File Name: Benson Heights Short Plat Ariel Cruz 3318 301h Avenue SW#B506 Seattle, WA 98126 LD Engineering, LLC Leonard DiFrancesco 105 Harvard Avenue E #106 Seattle, WA 98102 Rocale Timmons, AssociatePlmmer Telephone: (425) 430-7219 Email: rtimmons@ci.renton.wa.us 10801 SE 1701h Street, Renton Subdivision of a .39-acre parcel into 5 duplex lots, ranging in size from approximately 2,500 square feet to 3,400 square feet in size with an active recreation area. Short Subdivision R-18 Black River Approve with Conditions NIA August 19, 2008 You also have the right to appeal this decision in writing to the City of Renton Hearing Examiner. In order to appeal, a party must file: 1. A notice of appeal and a $75.00 non-refundable filing fee (payable to the City of Renton) must be received in our office by 5:00 p.m., August 19, 2008. The notice of appeal must include the decision and/or determination being appealed. 2. A statement of appeal must be received in our offices by 5:00 p.m., August 19, 2008, which includes: A. The errors contained in that decision and/or determination; B. Specific reasons why the decision and/or determinatiori should be reversed or modified. C. The .harm suffered or anticipated by the party; and D. The relief sought. Appeals must be submitted to the City of Renton City Clerk at the following address: 1055 South Grady Way, Renton, WA 98057; (7th Floor, Renton City Hall) The scope of an appeal shall be based on matters or issues raised in the Statement of Appeal. Failure to timely file a Notice of Appeal, appeal fee or Statement of Appeal, deprives the Hearing Examiner of jurisdiction to consider the appeal. The Hearing Examiner does not have the authority to extend the time period unless the Division is not open on the specified date, in which event delivery prior to 4:30 p.m. on the next business day is sufficient to meet the filing requirement. Date of Mailing: August 5. 2008 If you have any questions regarding the appeal procedures, please contact the Project Manager at the phone number or e-mail listed above. If you require this material in Braille, audiocassette or large print, call (425) 430-6510. City of Renton has made a decision on an application for a development proposal on property at the address listed above. You are receiving notice of this decision because our records indicate that you own property within approximately 500 feet or because you requested to receive notice of the decision. WNFORnEO COPY 20080313001572 KING COUTY OFF KCA PAGE001 OF 015 03/13/2008 14:39 KING COUNTY, UA 0.00 C.AG-os-027 INTERLOCAL AGREEMENT HETW EEN I HE Lill'. UJ< «..r.!'U uN AND KING COUNTY, RELATING TO DEVELOPMENT PERMIT PROCESSING IN THE BENSON HILL COMMUNITIES POTENTIAL ANNEXATION AREA THIS AGREEMENT is made and entered into this / ~ '!aay of M "11. ~ I, , 2008. The parties ("Parties") to this Agreement are the City ofRenton, a State of Washington municipal corporation ("City") and King County, a political subdivision of the State of Washington ("County"). WHEREAS, on November 6, 2007, the voters of the City's Potential Annexation Area generally described in Exhibit A hereto, generally known as the "Benson Hill Communities Potential Annexation Area" (hereinafter the "Annexation Area") approved a proposition to annex the Annexation Area to the City; and WHEREAS, the City has approved an ordinance to accept the annexation of the Annexation Area effective March I, 2008; and WHEREAS, all local governmental land use authority and jurisdiction with respect to the Annexation Area transfers from the County to the City upon the effective date of annexation; and WHEREAS, the City and the County have previously approved execution of an Interlocal Agreement relating to the Annexation Area for the purpose of facilitating the orderly transition of services upon annexation and transfer of certain real property interests; and WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions with respect to land use and permitting from and after the date of annexation shall be made by the City; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. Pre-annexation Building Permit Applications Filed with King County. 1.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested building permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions re!!ardini., whether or when an application vested shall be made by the City. T--IS-4f 71~,. ~,LP~ ! A:::_!;j ~K<!: I ~.Jd~ 1.2 As defined herein, building pennits include but are not limited to building pennits, mechanical pennits and fire systems/fire sprinkler permits. 1.3 County review of building permits pursuant to this Agreement shall include decisions to approve, condition or deny applications. For building permits that have been approved before March I, 2008, the County shall further perform all follow-up inspections; issuance of extensions or completion of extensions; and issuance of ancillary permits, such as fire and mechanical pennits that are essential for completion of each original project permit. For building pennits that have not been approved before March I, 2008, the County shall upon said approval transfer the building permit file to the City and the City shall be responsible for all follow-up inspections; issuance of extensions or completion of extensions; and issuance of ancillary pennits, such as fire and mechanical pennits that are essential for completion of each original project pennit. Fee reimbursement and allocation as between the City and County for files so transferred shall be made in accordance with Section 8.2. The County agrees to consult with the City prior to rendering any administratively appeal able building-related permit decision. 1.4 Except for those projects on which the County has prior to the effective date of annexation of the Annexation Area assessed required financial performance · guarantees, the City shall have sole discretion and responsibility on the assessment of financial performance guarantees required of an applicant to secure compliance with permit or development-related requirements. The City shall have sole discretion and responsibility on the release and enforcement of all required financial performance guarantees. The County will not release any construction performance guarantees until the permittee has secured the required maintenance/defect bond or equivalent for the benefit of the City. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking oflegal actions. 1.5 The County shall review and render decisions on requests for changes to approved building-related plans up to the time that either a certificate of occupancy is issued or final construction approval has been issued for the project, whichever is earlier. Following issuance of a certificate of occupancy or final construction approval, requests for changes to the approved set of plans shall be referred to the City. The City intends to process such requests as new permit applications. 2. Pre-annexation Land Use Permit Applications Filed with King County. 2.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested land use pennit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. The City shall be a party of notice for any and all rezone applications subject to this Section 2. Any decisions regarding whether or when an application is vested shall be made by the City. 2 .2 As defined herein, land use permits include but are not limited to conditional use permits, site plan approvals, rezones, reasonable use pennits, special use permits, variances, SEPA reviews, shoreline permits and exemptions, short subdivisions, 2 formal subdivisions (preliminary plats and final plats), boundary line adjustments, lot line elimination, binding site plans, plat alterations and amendments, right-of-way permits, clearing and grading permits, and other land use and engineering permits and approvals. 2.3 For those vested land use applications that do not require a public hearing prior to issuance, the County shall render a decision to approve, condition or deny applications; conduct follow-up inspections; and issue extensions or completion of extensions. 2.4 For those vested land use applications that require quasi-judicial or legislative approval or that involve administrative appeals, the County shall prepare a report and recommendation to the City's designated decision-maker for a final decision. Except as provided in Section 5, the City's decision-maker shall not be a County employee. The City shall be responsible for scheduling, providing notice, conducting any public hearings or appeals and making any final decision on such applications. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. 2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases, and the City shall assume review and approval responsibility for the maintenance/ defect approval phases of such applications. For each of the post-preliminary review phases for which the County is responsible, the County shall prepare a recommendation for the City's designated decisionmaker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation. 2.6 Except for those projects on which the County has prior to the effective date of annexation of the Annexation Area assessed required financial performance guarantees, the City shall have sole discretion and responsibility on the assessment of financial guarantees required of the applicant to secure compliance with permit or development-related requirements. The City shall have sole discretion and responsibility on the release and enforcement of financial guarantees required of the applicant to secure compliance with permit or development-related requirements. The County will not release any construction performance guarantees until the applicant has secured the required maintenance/ defect bond or equivalent for the benefit of the City. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking oflegal actions. 3. Permit Renewal or Extension. The City shall have ultimate authority to determine whether or not to renew or extend a building permit or to renew or extend a land use permit under review or issued by the County in the Annexation Area. 4. Optional Exclusion of Particular Applications. The City or County may at any time exclude from the provisions of this Agreement any particular permit(s) or application(s) upon providing to the County or City fifteen days advance written notice. 3 If the City provides written objection to the County's exclusion within ten days of receiving the exclusion notice from the County, the County shall continue processing of the application. Upon excluding any permit or application from review under this Agreement the County shall transmit the file to the City and the City shall assume responsibility for all further processing of such permit(s) or application(s). 5. Optional Hearing Examiner Review. Notwithstanding any other provision in this Agreement, upon written request by the City, the County may agree to have the King County Hearing Examiner conduct public hearings or appeals on behalf of the City for particular land use or building permit applications. In such cases the City shall be responsible for scheduling, providing notice, conducting any public hearings or appeals. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. Decisions regarding whether to utilize the County Hearing Examiner for appeal or hearing recommendations or decisions shall be made by the City and County on a case by case basis. 6. SEP A Compliance. 6.1. In order to satisfy the procedural requirements of the State Environmental Policy Act ("SEPA"), the County shall serve as lead agency for all applications processed by the County pursuant to this Agreement. 6.2 Except as provided in Section 5 hereof, appeals from SEPA threshold determinations and other SEPA matters relating to projects within the City shall be heard by the City. Upon special written request by the City, the County may agree to assist the City in determining whether SEPA threshold conditions have been met by an applicant. Such assistance from the County shall not include the initiation or undertaking of legal actions. 7. Code Enforcement. 7.1. Enforcement of Code Requirements. Within thirty days following the date the annexation becomes effective, the County shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases under review by the County at the time of annexation and shall provide file documents to the City upon request. 7 .2 The City shall be responsible for undertaking any code enforcement actions following the date of annexation. 8. Fees and Reimbursement. 8.1 In order to cover the costs of processing building and land use permit applications and performing SEP A review in accordance with the terms of this Agreement, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances, which shall be adopted by the City and as may be modified at some future date by the County and the City. 8.2 For all applications upon which the County has initiated review and that are subsequently excluded from County processing or transferred to the City pursuant to the terms of this Agreement, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed 4 by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 9. Duration. This Agreement shall take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized representative of each of the Parties, and shall continue in force for a period of five (5) years from the effective date of annexation of the Annexation Area. Either party may terminate this Agreement upon providing at least one hundred and twenty days (120) days written notice to the other party. The Agreement may be extended as provided in Section 11. 10. Termination Procedures. Upon termination of this Agreement, the County shall cease further processing, enforcement, and related review functions with respect to applications it is processing under this Agreement. The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building- related applications within the Annexation Area. Upon transfer, the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. 11. Extension. Pursuant to a mutual agreement between the parties, this Agreement may be extended for five additional years or for a lesser agreed upon period. In order to extend the otherwise applicable termination date of this Agreement, the City shall make a written request to the County not less than sixty (60) days prior to the otherwise applicable termination date. If the parties have not agreed to the extension in writing by the termination date, the Agreement terminates. 12. Records Transfer. The County shall work with the City to transfer to the City public records related to completed application files for permits or other land use actions within the Annexation Area. The City shall send a written request for records to the Director of the Department of Development and Environmental Services (ODES) for such records. Alternately, the City may request in writing that the Director schedule a records transfer meeting at which City representatives shall meet with County ODES representatives in order to review and identify records to be copied and/or transferred consistent with the terms of this Section. The request shall provide sufficient detail to allow the County to identify and locate the requested records. The County shall make its best effort to provide the documents within forty-five (45) days of the request and shall provide records in electronic format if reasonably practicable. The County may elect to provide original records if available and copies of records will be provided only in cases in which copies are acceptable to the City. The County shall not be required to provide records that are not reasonably available or to create records or compilations that have not already been created. 13. Indemnification. 13.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, Joss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any 5 suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal of governmental authority is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 13 .2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental authority is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 13 .3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 14. Personnel. Control of personnel assigned by the County to process applications under this Agreement shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. 15. Administration. This Agreement shall be administered by the Director of the King County Development and Environmental Services or his/her designee, and the City Administrator, or his/her designee. 16. Legal Representation. The services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. 17'. General Provisions. 17.1 Entire Agreement. This Agreement is in addition to that certain agreement between the Parties entitled "Interlocal Agreement Between City of Renton and King County, Relating to the Annexation of the Benson Hill Communities Potential Annexation Area" and together with such Interlocal Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 17.2 Filing. A copy of this Agreement shall be filed with the Renton City Clerk and recorded with the King County Auditor. 6 17.3 Records. Until December 3 l, 2013, any of either party's records related to any matters covered by this Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. Other provisions of this section notwithstanding, police/sheriff records shall be retained according to the state records retention schedule as provided in RCW Title 42 and related Washington Administrative Code provisions. 17.4 Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 17.5 Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. 17.6 Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 17. 7 Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. 17.8 Remedies. In addition to any other remedies provided at law, the Parties agree that in the event of a breach of this Agreement, the aggrieved party may seek specific performance. 17.9 Dispute Resolution. The Parties should attempt if appropriate to use a formal dispute resolution process such as mediation, through an agreed-upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 17. IO Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. 17 .11 No waiver. Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 7 17 .12 Applicable Law. Washington Jaw shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 17.13 Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. 17.14 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. City: Mayor City of Renton 1055 S. Grady Way. Renton, WA 98055-3232 County: Director, Department of Development and Environmental Services King County 900 Oakesdale Avenue SW Renton, WA 98057-5212 17 .15 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 17.16 Equal Opportunity to Draft. Each party has had opportunity to consult with counsel in connection with the negotiation, execution and delivery of this Agreement. Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same will apply in connection with the construction or interpretation of any of the provisions of this Agreement. (remainder of page left intentionally blank) 8 17.17 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 17 .18 Ratification of Past Acts. All prior acts taken by the Parties consistent with the terms of this agreement from and after the effective date of annexation of the Annexation Area are hereby ratified and confirmed. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF RENTON: ~~ Denis Law, Mayor Date: "l/Dfa<g ~7 ATTEST: ~-.Ju)~ City Clerk Bonnie I. Walton DATED:_$,-4--~_c?,_;__'µ_O_O_? __ Approved as to Form: cf..~--·~~~ City Attorney ~on Sims, Executiv Date: 3/!J/o ~ 9 STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this '312...-day of ~ , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that () ,-o, 0 ( &,,M..J , ~fl-- signed and sealed the said instrument as \--...n free and voluntary act and deed for the uses and purposed therein mentioned. WITNES_S my hand and official seal hereto affixed the day ~ear in ~~c~~ above wntten. ,d.. · ~ Not Public in and or he State of Washington, residing at~. I \~~ City and State My appointment expires ~ \;;)-1 )~\D STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this 12~ day of \.,\~ , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me thati;:wrb JY'iy,lf*'v signed and sealed the said instrument as hi'b free and voluntary act and deed for the uses and purposed therein mentioned. My appointment expires 011 !J.IQ/:,..t>ll 10 Exhibit A Description of Annexation Area BENSON HILL COMMUNITIES ANNEXATION LEGAL DESCRIPTION The lands included within the subject annexation are situated in parts of, Sections 21, 27, 28, 29, 31, 32 and 33 in Township 23 North, and Sections 5 and 6 in Township 22 North, all in Range 5 East, W.M., in King County, Washington, said annexation area being more particularly described as lying within the following described boundary: Beginning at the southeast comer of those lands annexed to the City of Renton under Ordinance No.1961 in the Southeast quarter of said Section 21 said southeast comer also being the point of intersection of the west line of the Southeast quarter of the Southeast quarter of said Section 21 and the southwesterly right of way margin of the City of Seattle Cedar River Pipe Line; Thence southeasterly along said southwesterly margin, crossing SE 1601h Street, to the south line of said Southeast quarter; Thence westerly, along said south line to an intersection with the east line of the west half of the Northeast quarter of said Section 28; Thence southerly along said east line, to the northerly right of way margin of SE 1641h Street; Thence easterly along said northerly margin to the point of intersection with the northerly extension of the easterly right of way margin of 128'h Ave SE; Thence southerly along said northerly extension and the easterly margin thereof to the north line of the south half of said Northeast quarter; Thence easterly along said north line to an intersection with the east line of said Section 28; Thence southerly along said east line, to the northwest comer of"Tract A", Fairwood Park Division 7, as recorded under Volume 116 of Plats, Pages 88 through 90, said records, in said Section 27; Thence generally easterly, southerly, westerly and southerly along the various courses of said "Tract A", to a point on the northerly right of way margin of SE Petrovitsky Road (Petrovitsky Road Revision, Est. 5-28-62), in the Southwest quarter of the Southwest quarter of said Section 27; 11 Thence southeasterly perpendicular to the centerline of said SE Petrovitsky Road, a distance of92' to the southerly margin thereof; Thence southwesterly, westerly and northwesterly along the various courses of said southerly right of way margin, crossing 1281hAvenue SE, to the northwest corner of that portion of 1281hAvenue SE dedicated per deed under King County Rec. No. 20000913001594, on the westerly right of way margin of 1281hAvenue SE; Thence southeasterly and southerly along said westerly right of way margin, to an intersection with the east line of the west half of the Southeast quarter of said Section 28; Thence southerly along said east line, to the southeast corner of said subdivision said southeast corner also being the northeast corner of the Northwest quarter of the Northeast quarter of said Section 33; Thence southerly along the east line of said subdivision, to the southeast corner thereof, said southeast corner also being the northwest corner of the Southeast quarter of the Northeast quarter of said Section 33; Thence easterly along the north line of said subdivision, to an intersection with the northeasterly right of way margin of a 100' wide Puget Sound Power & Light Transmission Line right of way; Thence southeasterly along said northeasterly right of way margin, to an intersection with the northeasterly extension of the southeasterly lines of Lots 2 and 3, King County Short Plat No. 779163R, recorded under King County Rec. No. 8105060679; Thence southwesterly along said extension and the southeasterly lines of said lots, to an intersection with the northeasterly line of Lot 1, King County Short Plat No. CI077001, recorded under King County Rec. No. 7806080590; Thence northwesterly and southwesterly along the northeasterly and northwesterly lines of said Lot I, to the most westerly corner thereof, said corner also being a point on the south line of Lot 2 of said short plat; Thence westerly along said south line, to the northeast corner of Lot 4, King County Short Plat No. 775088, recorded under King County Rec. No. 7710200755; Thence southwesterly along the east line of said Lot 4 to the southeast corner thereof, said corner also being on the northwesterly line of Boulevard Lane Division No. 2, as recorded under Volume 82 of Plats, Pages 20 and 21, said records; Thence continuing southwesterly along said northwesterly line, and southerly along the westerly line of Boulevard Lane Division I, as recorded under Volume 80 of Plats, Pages 89 and 90, records of King County, Washington, to the westernmost southwest corner of 12 said plat, said southwest comer also being on a line 1073.56 feet north of and parallel with the south line of the Southeast quarter of said Section 33; Thence westerly along said parallel line, to a point 300.00 feet easterly of the west line of said subdivision, as measured perpendicular thereto, said point also being on the north line of Boulevard Lane Park, as deeded to King County under King County Rec. No. 19991011001557; Thence southeasterly along the east line of said park to the point of intersection of a line 422 feet east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel with the south line of said subdivision; Thence continuing southerly along said east line, parallel with the west line of said subdivision, to a point on the northerly right of way margin of SE 192nd Street, said northerly right of way margin being 50 feet northerly of the south line of said Section 33 and the centerline of SE 192nd Street; Thence westerly alon~ the various courses of said northerly right of way margin, crossing !20th Avenue SE, 1161 Avenue SE, I 14'h Place SE and 113 1h Way SE to its intersection with the easterly right of way margin of State Route 515, said intersection being 40 feet right of Station 270+50 per Washington State Department of Highways, Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity: SE 1961h to Carr Road, Sta 257+00 to Sta 283+00, Sheet 2 of 4 Sheets in said Section 32; Thence westerly, crossing State Route 515 ( I 08 1h Avenue SE), to a point 40 feet left of Station 270+40 per said Right of Way Plan; Thence southerl6 along the various courses of the westerly right of way margin of State Route 515 (I 081 Avenue NE), crossing SE I 92"d Street, SE 1961h Street and SE 1991h Street, to the northerly right of way margin of SE 2001h Street in the north west quarter of said Section 5; Thence westerly alon~ the various courses of said northerly right of way margin, crossing 1061 h Avenue SE, I 05 1 Avenue SE and 1041 h Avenue SE, to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3885; Thence northerly, easterly and westerly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. 3885 & 3109 to the point where said existing limits as annexed under City of Renton Ordinance No. 3109 leaves the section line common to Sections 5 & 6 and enters said Section 6; Thence northerly along said common section line to its intersection with the existing City ofRenton Limits Line as annexed under City of Renton Ordinance No. 3268; 13 Thence generally northerly and easterly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. (in order from south tonorth)3268,5205,5041,3268,4069, 1743,4476, 1971,3864, 1971,5236, 1971,3742, 1971, 3108, 1909, 5208, 3730, 2224, 1871 and 1961 to the Point of Beginning; EXCEPT the north 100 feet of the west 230 feet of the South half of the South half of the Northwest quarter of the Southeast quarter of said Section 29, previously annexed to the City of Renton under Ordinance No. 3432. · TOGETHER WITH the following: That portion of Lot 3, King County Short Plat 779163R recorded under King County Rec. No. 8105060679, within the South half of the Northeast quarter of the Northeast quarter of said Section 33, if any; and Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said Section 5, lying southerly, westerly, southerly and westerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance Nos. (in order from north to south): 3268, 3751, and 3109, and lying northerly of the northerly right of way margin of S. 2001h Street; and That portion of the Northwest quarter of said Section 5, lying northerly of the northerly right of way margin of S. 2001h Street, westerly and southerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3885, and easterly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3109. 14 STATE OF WASIIlNGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on October 11, 2008. The full amount of the fee charged for said foregoing publication is the sum of $84.0Q. »J;?Jlt4' inda M. Mills . , Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 11th day of October, 2008. e State of Washington, Residing NOTICEOF APPEAL HEARING REN1UN HEARING EXAMINER REN1UN, WASHINGTON An appeal Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, I 055 South Grady Way, Renton, Washington, on October 21, 2008 not to start before I 0:00 am to consider the following petition: Benson Heights Short Plat Appeal LUAOS-089, SHPL-A, AAD Location: I 080 I SE 170th Street. Appeal of Administrative Decision to approve the short subdivision of a 0.39-acre parcel into 5 lots for duplex dwellings ves1ed to King County R-18 development standards. The proposed density is 20.5 dwelling units per acre. The proposed lot sizes range from approximately 2,500 to 3,400 square feet. Legal descriptions of the files noted above are on file in the City Clerk's Office, Seventh Floor. City Hall, Renton. All interested persons are invited to be present at the Public Hearing to ex.press their opinions. Questions should be directed to the Hearing Examiner at 425-430-6515. Published in the Renton Reporter on October 11. 2008. #127173. "''''"'""''' .:::-'" OALS~ ,,,,, ~ ~...J.. "'''""'"••,, Q '~ ~ ,C..: ~..:-~OM E~)!,,,,. ~ -~.::.:,, ~ ..... --,, .... :1,. ~ -El/ o·'",..~"*' .,....._~ "---. -~ "" :: t 0 ~ ... j z ~ ; iQ ... • c, ! 0 ~ ;: 1 ..... ~ ... : ,.:;.. :: / :1,. -u .... 1\-= C, -~ .f'\',, n. .. $ :: , ";,.11,, 10_,, ___ ~ -1,, .,,, l"., 11,,""""'"''~ ~ ;:' 1111 1 ~ OF 1/'1 p..<;; .... ~ ,, ~ .... "'\\"""'" September 30, 2008 Robert Lyon 10817 SE 170"' Street Renton, WA 98055 RE: Benson Heights Short Plat Appeal LUA08-089 Dear Mr. Lyon: CI~ T OF RENTON Hearing Examiner Fred J. Kaufman This office has received your appeal letter on the above referenced matter. Please be advised that the appeal hearing has been scheduled for Tuesday, October 21, 2008 not to start before 10:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, 11 U tCC,eJ \~-e-ti'fZ-4-1-,--_/ Nancy Thompson Secretary to Hearing Examiner City of Renton Encl: Copy of Appeal Letter cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Jennifer Henning, Development Services Rocale Timmons, Development Services Stacy Tucker, Development Services Parties of Record: King County Personnel Lynda A Greene Leonard Difrancesco Ariel Cruz NgyTeng I 055 South Grady Way -Renton, Washingto-n-98_0_5_7---(4-2-5)_4_3-0--6-51_5 ____ ·~ AHEAD OF THE CCRVE "~y o CIT OF RENTON ~~I(~ Department of Community and _ Economic Development ~{i>N~o~,~-D-en-is_L_•_w_,M_~_o, __________________ A_••_x_P_i•_t_sc_h_,A_d_m_i_n_is-tr-•t_o_, __ September 29, 2008 Robert Lyon I 0817 SE 1701h Street Renton, WA 98055 SUBJECT: BENSON HEIGHTS SHORT PLAT RECONSIDERATION REQUEST (FILE NO. LUAOS-089 & L08S007) Dear Mr. Lyon, This office is in receipt of your letter; dated September 24, 2008; in which you requested a meeting to review and make copies of documents related to the above mentioned project A scheduled meeting is not needed in order to view the City file and make copies. The compete file for the Benson Heights Short Plat, File #LUA08-089, is currently kept on the 6th floor of Renton City Hall, 1055 South Grady Way. Our offices are open weekdays from 8:00 AM to 5 :00 PM. Staff can provide you with the file and make copies of any documents you wish for 15 cents per single-sided page (30 cents per double-sided page). In your letter you also requested direction from the City for proceeding with your appeal. Unfortunately, City Staff is unable to give you direction with respect to your presenting your appeal. I am happy to go over the basic procedures for processing appeals to Hearing Examiner of administrative decisions (attached). However, you may want to seek the advice of an attorney for advice in presenting your appeal. If you have any further questions, please contact me at (425) 430-7219. ~~~ Associate Plarmer cc: Fred Kaufman, Hearing Examiner File LUAOS-089, SHPL-A -------10_5_5_S_ou-th_G_ra_dy_W_a_y_--R-en-to_n_, -V,-'a-,h-in_gt_o_n_9_8_0_57 _______ ~ @ Thr5 paper ccmtc1111s 5:)ci, recycled material. 30% post consumer • AHEAD OF Tl-IE CURVE Hearting Examiner City of Renton 1055 South Grady Way Renton, WA. 98057 Robert Lyon 10817 S.E. 170th St. Renton, WA. 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat Attention:. Rocale Timmons File No. L08S0007 In my phone conversation with you 9-22-08 I stated that I was proceeding with this Appeal and requested that a meeting be set up with so that I could review and make and copies of King County documents which I do not have related to the drainage issues on my property (which then impacts the Benson Heights Short Plat). I will bring my file for your review to determine if there are any drainage related documents in my file which you do not have. I am requesting copies of the following King County Documents: I. Drainage Investigation Report #2006-0668 with pictures and Report from King County Roads. 2. Drainage Investigation Report # 1989-0800 3. The file on the installation and correnpondence relating to the 21 inch drain line and catch basin installed across S.E. 170th St. and parcel # 29230599026 . (Benson Heights Short Plat) 4. Building Permit for 10819 S.E. 1701h St. Project #B06L0824 Parcel #2923059128 Lot#2 KCLLA I am requesting direction on how I should preceed with my Appeal. I think that a me~ting with the City cf Renton Drainage Department would be the place to start. My drainage request is that the proposed drain line be extended to the east property line of Benson Heights Short Plat with a catch basin and short stub line to allow my drain line to enter the drainage system at the Right-of-way on S.E. 170 th St. Because of oversights or decisions by King County my existing drain line which was blocked off and not reconnected when the 21 inch line was installed. The Building Permit for the recent construction for 10819 S.E. 170th St. required no drainage plan, even the drainage review was waved. Both of these issues have not only created a drainage problems on my property. but I have been left with the cost to address and correct these drainage problems. This line and catch basin requested would allow for a future drain line to the east to address the remaining 375 feet in this drainage basin. The stub from the catch basin would allow for connection to Area Drain # 1. • Background History: Prior to 1986 Julius Carpenedo, Property owner to my west, Parcel#2923059026 (now the Benson Heights Short Plat) installed a new 21 inch drain line across S.E. I 70'h St. and his property to provide the necessary space for a second duplex to be built. In 1987 I experienced major flooding problems both in my basement and on my property. At that time I called King County to question wether the easterly drain line had been reconnected to the new drainage system. After a review by King County I was told that the decision to relocate this drain line was done without an on-site field review, and that the drain line to the east must have been disconnected and not re-connected. They said the line was not on their drawings and that it was the property owners problem. I then reqested to connect at the new catch basin and was told I couid not as it was seven feet on private property, I then requested to connect in the Right-of-way and was told the line was not approved. At that time to prevent further damage to my property I installed a temporary line to the south end of the new drainage system. King County would give me no further information regarding connecting to this line. In my discussion with the property owner he indicated that the County wanted more Right-of-way than he thought was necessary.(! guess we need the file for the whole story). The downstream drainage section directly west of the 21 inch drain line outfall was not maintained by the ajacent property owners for more than twenty years, over these twenty years I removed sediment, blackberry vines, maple leaves and limbs. When I talk to King County Drainage Investigators Alan Meyers P.E. (1998) and Shawn Bergrud (2006) I was told there was nothing they could do about it even when sections were being filled with wood chips. Both of these properties have been occupied with renters. And the last time I spoke with the owner of the property to the south he requested that I stay off his property. To add to my drainage problem in 2006 King County allowed a new home to be built directly east of property without a drainage plan or review. See Drainage Investigation Report 2006-0668 and pictures. Looking for direction in this transitional process, and believing that this is the time it can be solved. You 1 ;;tt£A-~ ~'- Robert 8. Lyon· ' CIT OF RENTON Department of Community and Economic Development Denis Law, Mayor Alex Pietsch, Administrator September 17, 2008 Robert Lyon 10817 SE 1701h Street Renton, WA 98055 SUBJECT: BENSON HEIGHTS SHORT PLAT RECONSIDERATION REQUEST (FILE NO. LUAOS-089 & L08S007) Dear Mr. Lyon, This office is in receipt of both of your letters; one dated August 13, 2008 (received . August 141h) and the other dated August 14, 2008 (received August 151h); in which you requested reconsideration of the preliminary approval along with an appeal for the Benson Heights Short Plat. The City is in receipt of your appeal, but the appeal will not be processed until the reconsideration has been issued. Your reconsideration request appears to be in regards to clarification on items within the Report and Decision, dated August 5, 2008. Specifically you have requested: l. That you be provided a copy of the preliminary approved Drainage Plan. 2. Clarification of Section F.1 of the Report and Decision (Lot Pattern and Density) as to.whether 7 or 8 dwelling units have been approved. 3. A determination as to whether or not there is adequate parking for the existing duplex. 4. A determination as to whether or not the parking has been reviewed and approved for the proposed plat. Analysis 1. Drainage Plan A copy of the revised Conceptual Drainage Plan, submitted to King County Department of Development and Environmental Services (DDES) on June 25, 2008, is attached. The conceptual plan was preliminary approved as part of the Preliminary Short Plat approval. The required improvements for the proposed short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 if the 2005 Surface Water Design Manual (SWDM). Therefore, prior to short plat recording the applicant will be required to submit and have the final drainage plans approved; designed to the standards outlined in the 2005 SWDM. -------10_5_5-So_u_th_G_ra_d_y_W_a_y_--R-en-to_n_, _W_as_h_in_gt_o_n_9_80_5_7 ______ ~ @ This paper contains 50% recyded material, 30% post consumer AHEAD OF THE CURVE • Page 2 2. Number of Units The applicant has proposed to short plat an existing parcel into 5 lots for the construction of3 new two-unit townhouse structures and the retention of an existing duplex; for a total of 8 units. The proposed two-unit townhouse structures would be located on 3 of the 5 proposed lots (Lots 1, 2, and 3). Both of the units in the existing townhouse structure are proposed to be located on separate lots; creating two fee simple lots (Lots A & B). The project site totals 0.39 acres in area and is zoned Residential -18 (R-18) with a maximum density of 18 dwelling units per acres; or a maximum of? dwelling units for the site (18 units x 0.39 acres= 7.02 units). The proposed density is 20.5 dwelling units per acre (8 units/ 0.39 acres= 20.5 units/acre). However; the applicant is proposing to use the Residential Density Incentive, per King County Code (KCC) 21A.34.040.F.4.c Energy Conservation, to increase the density to allow 8 total units. The provision states that: "developments located within \4 mile of transit routes served on at least a half-hourly basis during the peak hours and hourly during the daytime non-peak bouts" will be given a density incentive of a "10 percent increase above the base zoning". The site is within Y. mile of a Metro bus stop with Yz hour transit services during the peak hours and hourly services during the non-peak hours. The bus stop is at the · intersection of 108"' Avenue and SE 176'h along service transit line 169. Therefore, the applicant is eligible for the density incentive. The 10 percent increase above the base density allows a density incentive of 1.8 units per acre (l 8 units/acre x 10 percent= 1.8 units/acre) or0.702 units (1.8 units/acre x 0.39 acres). After adding the 0.702 units to the number of units allowed through the base density and rounding the nearest whole number (per KCC21A.34.050); 8 units would be allowed forthe proposal (0.702 units+ 7.02 units= 7.74 units; rounding up to 8 units). In order to alleviate concerns of increasing the density of the proposal in the fµture; a note should be recorded on the face of the short plat limiting the Lots A and B to one unit per lot in the future. As a condition of preliminary short plat approval, it is recommended that a note be recorded on the face of the short plat with respect to Lots A and B, stating that in the event the existing two-unit townhouse is destroyed, removed or demolished; that no more than one unit may be constructed on each lot. This would ensure that no more than 8 dwelling units will be developed on the subject property. 3. Adequacy of Existing Parking KCC 21A.18.030 requires a minimum of2 parking spaces for each townhouse-unit. Each existing townhouse unit contains one single 0 car garage. The applicant would need to provide adequate space for an additional parking stall on each lot. The applicant is proposing the removal of existing asphalt on portions of Lots A & Bin the amount of 1,667 square; and is proposing to replace with new landscaping. The asphalt has historically has been used as parking for the existing two-unit townhouse. However, the applicant is proposing to use the revised ingress and egress, to Lots A & B, for the parking of one additional vehicle per lot. Per KCC 21A.18.l 10, Off Street Parking Plan Design Standards, the minimum width of a parking stall can be 8.5 feet and must be at least 18.0 feet deep. The applicant would also have to provide a minimum of 20 feet, in addition to the depth of the stall, for back-out room. The Page 3 applicant's proposed dimensions for the ingress and egress of Lots A & Bare 10-feet wide by 38-feet deep. The applicant has provided adequate parking for the two existing townhouse units. 4. Parking for Future Construction As mentioned, on Page 5, in the Preliminary Report; the applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots l -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of the short plat application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed as an approval of these planned improvements, nor an endorsement that such improvements wilJ meet zoning dimensional requirements and will fit on these lots. Review and approval of these planned improvements and uses for these lots will occur through the building permit review process, following the recording of the subject short plat. The proposals compliance with the parking code will be reviewed during the building permit review process and the applicant will be required to comply with standards listed in KCC 21A.18, Development Standards-Parking and Circulation. The ·· · proposed lots appear to contain adequate area to provide all required parking. Conclusions l. A copy of the preliminary drainage plan will be attached, as Exhibit 2, to the Report and Decision. 2. The applicant should be allowed to develop the subject property with a total of eight dwelling units. 3. There appears to be adequate parking for the existing duplex. 4. The proposed lots appear to contain adequate area to provide all required parking for the proposed pla,t. Compliance with parking requirements for each lot will be reviewed at the time of building permit review. Decision The approval for the Benson Heights Short Plat, File No. LUAOS-089 (KC File No. L08S007), SHPL-A, is upheld and is modified to include the following condition: l. A note shall be recorded on the face of the short plat with respect to Lots A & B, stating that in the event the existing two-unit townhouse is destroyed, removed or demolished; that no more than one unit may be constructed on each lot. I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until October 1, 2008 at 5:00 p.m. Please let me know if this reconsideration letter satisfies all the issues raised in your letters. If the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing your appeal request. If you wish to still pursue the appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, October 21, 2008. As the City is already in receipt of your original appeal, it Page4 is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219 City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Ano Nielsen, City Attorney Office Owner Applicant Parties of Record File LUAOS-089, SHPL-A ~ I ~ N I m N ! C % § i .. i ~ : . l ~1: ~ I IA~i!~a=1 ;_i,lli!!,, I I '., I I 11 I . I i i j i I, I ·~ I, ' dl.1 11 ill!! i If l l! I ! f . I t I , I I ' i • I I Iii !!ll " z ::, 0 u '-' z --a ,: e Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Robert Lyon 10817 S.E. 170th St. Renton, WA 98055 Ph# 425-255-0395 CITY OF RENTON AUG 15 2008 RECEIVED CITY CLERK'S OFFICE l/a11d 1Je(r'r1erd August 14, 2008 File Name: Benson Heights Short Plat File No. L08S0007 This is additional information regarding Item #2 in my letter dated August 13, 2008. This Report and Decision on Short Subdivision File No. L08S0007 was the first notice that I received that eight units were proposed for this Short Plat. My main concern is parking, as the current vehicle parking on the south side of S.E. 170th St. regularly impacts our driveway entrance and mail box. Also this Short Plat Plans indicate the removal of approximately I 050 sq. ft. of asphalt parking area on Lots A&B. Has King County addressed this parking issue, prior to allowing an eighth unit on this Short Plat? Thank You ~~ Robert B. Lyon (!(!: Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98057 Robert B. Lyon 10817 S.E. 170th St. Renton, Washington 98055 Ph# 425-255-0395 File Name: Benson Heights Short Plat August 13, 2008 CITY Or RENYOH AUG l 4 2008 I I: 30 I»" l,IJl RECEiVEd ~ CITY CLERK'S OFF/CE File No.: L08S0007 I am requesting an Appeal/Reconsideration on the following items: I. In my letter to King County dated March 15, 2008 (copy enclosed); I requested a copy of the plans with revisions to review prior to a final decision on this Short Plat application. To date I have not received that information. On August 13, 2008 I met with Rocale Timmons, Associate Planner City of Renton and requested a copy of the drainage revision made June 25, 2008. She indicated that she did not have a copy of drainage plans or revisions. She requested that I contact King County for these items. I contacted Fereshteh Dehkordi, Project Manager DDES, who referred me to Curt Foster Sr., Engineer DDES who indicated that I should talk with Mark Fullmer, Preliminary Engineer Review DDES. I told Curt Foster that due to the uncertainty of who was responsible to provide this information in the transitional process between King County and the City of Renton I would request an Appeal/ Reconsideration. I have also enclosed my letters to King County dated March 12 and 18, 2008, regarding these revisions. 2. I am also requesting clarification to Section F, 1 Lot Pattern and Density. Is this Short Plat proposed for 7 or 8 units~ Thank You King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 15, 2008 Thank you for your quick response to my phone call regarding my existing drain outlet, which would end under the proposed concrete patio pad of Lot #3 Cruz Short Plat. You indicated that you had spoken with Leonard Difrancesco the Plat Engineer about this item and that he has agreed that the connection of my drainage line to the new drainage system would be noted on the plans as a condition of the Cruz Short Plat approval. You also said that there would be an extended asphalt ramp installed from the east end of the sidewalk, but that I would be responsible for the asphalt driveway apron to my property. I am requesting a copy of the plans with the revisions, to review prior to a final decision on the Cruz Short Plat application. Thank You, ~J~~ Robert B. Lyon I 0817 S.E. 170 th. St. Renton, Washington 98055 Ph# 425-255-0395 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057-5212 Robert 8. Lyon I 0817 S.E. 170th Street Renton, Washington 98055 Ph# 425-255-0395 TO: Fereshteh Dehkordi DOES Project Manager RE: Cruz Short Plat File No.L08S0007 March 12, 2008 This is a follow-up letter to the hand written questions that I gave to Lanny Henoch, on March 11, 2008. 1) Where do I re-direct the outlet of my current drain line? 2) Approximately 90% of the drainage now flowing to the proposed Area Drain #I, enters from the existing Right of Way on S.E. 1701h St. Is this the accepted policy of King County and the City of Renton, to allow drainage from the existing Right of Way, back into a private drain line? 3) I noted on March 11, 2008, that building a fence on the property line would obstruct the flow to Area Drain # I. As of March 1, 2008 the Right 'of Way on S.E. 1701h Street has now been annexed to the City of Renton and the drainage from the Right of Way impacts the drainage facilities proposed by King County Land Use Service Division on the Cruz Short Plat. I am requesting in writing the procedures King County wants me to take in addressing this drainage issue with the City of Renton. Give me a call (425)255-0395 if you wish to schedule a meeting. Sincerely, ~~qf- King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 18, 2008 Leonard Difrancesco (Plat Engineer) came to talk to me on March 17, 2008 and proposed a tight line to my footing drain for property drainage. At that time I mentioned to him that a tight line would not collect all the necessary drainage. I have drawn up a plan to collect this drainage (shown on attached drawing), which includes 65 feet of 4 inch perforated pipe with drainage rock. As there is no information as to who is responsible to maintain the drainage outlet to private property.(South property line between Lots 2&3) which would include the right to enter the property, the cutting of heavy grass, and the removal a considerable volume of maple leaves each fall (see plans for location of five maple trees). I am requesting that the proposed drainage on S.E .. 170'h Street be extended to the east property line of Short Plat with a catch basin, and that my drain enter the drainage system at the right-of-way on S.E. 170th Street. Please give me a call to schedule a meeting to review and discuss any of the issues addressed in this letter. · cc: Leonard Difrancesco Thank u //W fl~ obert B. Lyon I 0817 S.E. 1701h St. Renton, Washington 98055 Ph# 425-255-0395 20 0 I 10 zo -*al' ! ~ ( IN I Inch • .,,.,. •••••M , ... ~• --.( I ~ . ....,"' I \ <~, I ~--.. ~ t:,,.'"/ I ·' • 423.0 I +1 vi' \ I,. 0 . ,J I"') Vl . lJJ ~ C) ~.J ,_.. :J (· /. . I <O -t' "' . . ,, l() "' >< (0 . -I g r 00 r-- N N lJJ Lcl r-0 (D I-~'~ \W _f N Vl c,: co I ll. :) <.:) --, <I • au 11 CX) .. : I-!:!! ~- , .I "'~-- ·----·-,a_,...,- '(;SY (5 .~& t:,~· -~'<, CITY OF RENTON City Clerk Division 1055 South Grady Way Renton, WA 98057 425-430-6510 • Receipt · 1 C ~ ta - Date O' I l-f ,Q g 1182 D Cash D Copy Fee D Notary Service D Check No. ,PAppeal Fee D ---------- Description: .Ay~'lR J ~ fw &,11,,S,\M.. \b "l,\.A,..:b .:Sp ll:" L ())f sooo I Funds Received From: Name Address City/Zip ~kt Li., IJy1. \Oil, S_~ 110"' f;t~ ~~ WA °' W sr.i" !Amount$ 75-00 . &-4~ City Staff Signature • A. ~ King County DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 REPORT AND DECISION SHORT SUBDIVISION File No. L08S0007 DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: This is a short subdivision of a 0.39-acre parcel into 5 lots for duplex dwellings in the R-18 zone. The proposed density is 20.5 dwelling units per acre. The proposed lot sizes range from approximately 2,500 to 3,400 square feet. Please see Attachment 1 for a copy of the short plat map. B. GENERAL INFORMATION: Owner/Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Application Vesting Date: Benson Heights Short Plat Ariel Cruz 3318 30'h Avenue SW# 8506 Seattle, WA 98126 LD Engineering, LLC Leonard DiFrancesco 105 Harvard Avenue E, # 106 Seattle, WA 98102 SE 29-23-05 10801 SE 170'h Street, Renton R-18 0.39 acre 5 18 du/acre Ranges from 2,500 to 3,400 sq.ft. Duplex residential units Soos Creek Water & Sewer District Soos Creek Water & Sewer District King County Fire District 40 Renton School District February 12, 2008 Page 1 King Co. File No.: L08S0007 City of Renton File No.: LUAOS-089, SHPL-A C. D. HISTORY and BACKGROUND On November 6, 2007, the voters of Renton's Potential Annexation Area known as the "Benson Hill Communities Potential Annexation Area" approved a proposition to annex to the City of Renton. Effective March 1, 2008, the City approved an ordinance to accept the annexation area and all local governmental land use authority and jurisdiction with respect to the Annexation Area transferred from the County to the City upon the effective date. The City and the County approved execution of an lnterlocal Agreement relating to the Annexation Area for the purpose · of in part establishing the process and authority for discretionary decisions with respect to land use and permitting from and after the date of annexation. Therefore under the provisions of Section 2.3 of the agreement, the County has prepared this report and recommendation to the City's designated decision-maker for a final decision. The City is responsible for scheduling, providing notice, conducting any appeals hearing and making any final decision for this application. County staff will attend an appeals hearing to testify with respect to analysis set forth in the County's report and recommendation if the application is appealed. The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Subdivision Technical Committee with a revised site plan on June 25, 2008. The modifications include provision of an adequate recreation area tract and minor technical adjustments to the proposed drainage facility. NATURAL ENVIRONMENT 1. Topography: Most of the site is level. There is a slight downward grade of approximately 5 % in the southeast portion of the site. 2. Soils: One soil type is found on this site per the1973 King County Soil Survey. The entire site is classified AgC. The following are AgC soil characteristics: AgC -Alderwood gravely, sandy loam; 6-15% slopes. Runoff is slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations due to a seasonally high water table and slope. II has a severe limitation for septic tank filter fields due to very slow permeability in the substratum. 3. Hydrography: A stream reconnaissance report was prepared by Altmann Oliver Associates, LLC dated March 21, 2008, to evaluate and determine if the existing drainage course (ditch) will meet the criteria for a stream under the Critical Area Ordinance and thus would need to be regulated. The study concluded that the existing drainage course does not meet the criteria for a stream. The King County Senior Ecologist has reviewed the study and has performed a site visit. He concurs with the report's findings and conclusion. 4. Vegetation: This site is primarily covered in pasture grasses. Scattered evergreen and deciduous trees and brush occur in limited numbers. Benson Heights Short Plat Page 2 King Co. File No. L08S0007 City of Renton File No.: LUAOS-089. SH PL-A ' • •. 5. Wildlife: Small birds and animals may inhabit this site; however, their population and species are limited due to nearby development. No threatened or endangered species are known to exist on or near the property. 6. Mapped Critical Areas: The Critical Areas Inventory does not identify any mapped critical areas as being present on this site. E. NEIGHBORHOOD CHARACTERISTICS: F. The property is located on the southeast corner of the intersection of 108111 Avenue SE and SE 1701h Street. 108111 Avenue SE curves and becomes Benson Road South, a short distance north of the site. The Site and the neighboring properties were annexed to the City of Renton on March 1, 2008 as part of the Benson Heights annexation. The site and the properties to the south and north are zoned R-18. Properties across the road to the west ar.e zoned ~-12 and qre developed with single family houses. Properties to the east of the site are zoned R-12 and are qeveloped with multifamily residential structures. There is a multi family residential development across the road north of the site. The site itself is developed with a residential duplex. The building will remain with each unit in the duplex placed on a separate lot. DESIGN FEATURES 1. Lot Pattern and Density: The proposal includes creation of 5 residential lots, two of which will occupy the existing duplex (one unit on each lot). The other three lots will be developed with a residential duplex on each lot, (two units on each). A total of 8 dwelling \JD.its would be created as part of this proposal. However, based on the site's size and zoriing,-no more than 7 dwelling units can be created. The applicant is proposing to use the provi~on of KCC 21 A. 34.040F4, Residential Density Incentive (Energy Conservation) to increase the density to 8. The site is within Y. mile of a metro bus stop with Y, hour transit services during the peak hours and hourly services during the nonpeak hours. The bus stop is at the intersection of 1081h Avenue and SE 1761h along service transit line 169. ) 2. Access/Roadway Section: This site is bounded on the west by 108th Avenue SE, an urban minor arterial, and on the north by SE 170th Street, an urban subcollector street. The existing duplex currently accesses SE 170th Street which will remain unchanged. The new lots will have access to SE 1701h Street via individual driveways. The site's frontage along SE 170th Street is a substandard shoulder section. This frontage will be improved to the urban standard consisting of curb and sidewalk. Additional right-of-way will be dedicated. Urban improvements currently exist along 108th Avenue SE. No additional improvements will be required along this road frontage. 3. Drainage: Currently, the site slopes to the south where storm water runoff leaves the site in the form of sheet flow. With the proposed development, runoff will be conveyed to the SE 170th Street storm drainage system. Both flow paths recombine in the 108th Avenue SE roadside storm drainage system. The Level 1 Downstream Analysis did not identify any flooding or drainage problems downstream from the site. Small site BMP's will be used to meet flow control and water quality requirements. Due to the frontage Benson Heights Short Plat Page 3 King Co. File No.: L08S0007 City of Renton File No.: LUAOS-089. SHPL-A G. H. I. improvements and pipe work, engineering plans and a targeted drainage review will be required. 4. Other Design Features: The proposal includes a 1,360-square-toot recreation tract to be located on the northwest corner of the site. This meets the requirements of KCC 21 A.14.180A.3 for on-site recreation space. This tract will be improved with a tot lot area and landscaping. PUBLIC SERVICES 1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Soos Creek Water and Sewer District. A Certificate of Sewer Availability, dated January 24, 2008, indicates this sewer district's capability to serve the proposed development. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. A Certificate of Water Availability, dated January 24, 2008, indicates this water district's capability to serve the proposed development. 3. School facilities: The subject subdivision will be served by Cascade Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located within the Renton School District. 4. School Access: The District has indicated that the future students from this subdivision will be bussed to the elementary school and the high school. The school bus pick-up location is at the intersection of 1081h Avenue SE and SE 1701h Street. There will be sidewalks from the site to the bus pick-up location. The future students from this development will walk to the junior high school. Walkway conditions to the junior high consist of sidewalks and paved shoulders. 5. Parks and Recreation Space: The nearest public park is Thomas Teasdale Park located on Benson Drive South a few miles northwest of the site. KCC 21A.14 requires subdivisions in the UR and R zone classifications to either provide on-site recreation space or pay a fee to the Parks Division for establishment and maintenance of neighborhood parks. The applicant is proposing to provide suitable recreation space. KCC 21A.14.190 requires subdivisions to provide tot/children play areas within the recreation space on-site. The recreation tract will be improved and landscaped. SEPA THRESHOLD DETERMINATION: This short subdivision application is exempt from review under the State Environmental Policy Act (SEPA), RCW 43.21C. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 2007 King County Road Bsnson Heights Short Plat King Co. File No.: L08S0007 City of Renton File No.: LUA08-089, SHPL-A J. Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. DECISION: Proposed Short Plat revised and received June 25, 2008 (Attachment 1) is granted preliminary approval subject to the following conditions: 1. KCC Title 19A -Compliance with Final Short Subdivision Requirements A. The proposal shall comply with all platting provisions of the King County Code. 8. The final short subdivision recording documents must be prepared by a professional land surveyor, licensed in the State of Washington. These documents shall comply with the conditions of approval listed in this letter. C. The final review process must be completed prior to the recording of the short subdivision or the sale of any lots contained within. The Department of Development and Environmental Services (DDES) strongly recommends that the Final Short Plat review package be submitted to the department at least one year prior to the expiration date of the preliminary approval letter. D. All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. E. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final short plat recording. F. Prior to recording, KCC 19A.08.160 requires that drainage facilities and erosion control measures are in place consistent with K.C.C. 9.04.090. 2. The applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots 1 -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of this short plat application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed as an approval of these planned improvements, nor an endorsement that such improvements will meet zoning dimensional requirements and will fit on these lots. Review and approval of these planned improvements and uses for these lots will occur through the building permit review process, following the recording of the subject short plat. 3. 2007 King County Road Design & Construction Standards. (KCRD&CS) Roadway improvements are required to address access requirements and impacts to existing roads and right-of-way. The extent of improvements (conditioned below) requires submittal of engineering plan and profiles and appropriate review fees. Plans shall be prepared and stamped by a professional engineer licensed in the State of Washington and contain the applicable elements outlined in 2007 KCRD&CS and/or the 2005 Surface Water Design Manual (see Section 2.2.2). (Please note that the applicant should submit the plans a minimum of one year prior to the preliminary approval fl,,i-eoon Heights Short Plat King Co. File No.: L08S0007 City of Renton File No.: LUAOB-089, SHPL-A 4. expiration date). Please see Condition# 3 for additional drainage submittal requirements. All construction and upgrading of public and private roads shall be done in accordance with the 2007 KCRDCS established and adopted by Ordinance No. 15753, as amended. The proposal shall meet the following conditions: A. SE 170th Street is classified as an urban subcollector street (KCRD&CS, Section 2.03.B). Urban frontage improvements (including curb gutter and sidewalk) shall be constructed along the frontage and additional right-of-way (ROW) shall be dedicated to provide a total of 24 feet measured from the ROW centerline. B. 108th Avenue SE is classified as a minor arterial street (KCRD&CS 2.03(A)). Direct access to arterial roads is controlled with infrequent access points (Section 2.03.B). No direct access shall be permitted from the abutting lot. A note to this effect shall be recorded with the short plat.' C. The curb and sidewalk return at the intersection of 108th Avenue SE and SE 170th Street shall be reconstructed to current standards including sidewalk ramps (Figure 3-010) and curb return radius (Section 2.10.A.3.a). Additional right-of-way shall be dedicated to provide a 25' right-of-way line radius at the corner (Section 2.10.A.4). D. Driveway connections shall comply with KCRD&CS Standard Drawing 3-004. E. Modificationsto the above road improvement conditions may be considered by King County pursuant to the variance procedures in KCRDCS 1.12. Any request for a road variance shall be submitted to DOES on the appropriate form and with the minimum fee deposit. Other engineering details that may be shown on the preliminary site plan with the exception of the above may not have been reviewed for compliance with KCRDCS. If differences exist, the final design shall be modified to meet KCRDCS. In addition to the above conditions, a right-of-way construction permit is required for any utility work in County right-of-way. F. Street trees shall be included in the design of all road improvements, and shall comply with the KCRD&CS, Section 5.03 Surface Water Management and Control (Title 9 KCC), 2005 King County Surface Water Design Manual (SWDM) The required improvements for this short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 of the 2005 SWDM. Prior to short plat recording, the applicant shall submit drainage plans (combined with road improvement plans) and a technical information report to address the applicable design requirements shown in the KCSWDM. A. Drainage plans and analysis for lot improvements (houses driveways and parking .areas) shall be provided prior to recording and shall comply with the 2005 SWDM. DOES approval of the drainage plans is required prior to any construction. Be,n,;on Heights Short Plat Page h King Co. File No.: L08S0007 City of Renton File No.: LUAOB-089, SHPL-A B. Standard plan notes and a construction sequence as specified in the SWDM shall be shown on the drainage plans. See KCRD&CS, Section 78). C. To implement the required Best Management Practices (BMP) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. As described in Chapter 5 of the drainage manual, a subdivision project may implement the required BMPs or defer the BMP requirements until future review of building permits. In either case, the final engineering plans shall clearly indicate the applicable BMP standards and requirements for implementation on the recorded plat. Any proposed clearing and grading of the site shall also comply with the soil amendment requirements in KCC 16.82.100. D. If the storm water BMP's are deferred until building permit review, the following note shall be shown on the final recorded plat: "Permit applications for buildings or other improvements constructed on lots created by this subdivision must be reviewed by King County for compliance with Best Management Practices (BMP's) and other applicable drainage standards as specified in the SWDM. As determined by King County, the permit applicant for each lot must prepare a drainage site plan with procedures for design and maintenance details, and record a declaration of covenant and grant of easement for implementation of the BMPs. " E. Consistent with authority and procedures outlined in Chapter 1.4 of the KCSWDM, drainage adjustments to any of the above requirements may be considered. Adjustments shall be submitted to DOES on the appropriate form and with the appropriate fee deposit. 5. Site Improvement Inspections, Fees & Financial Guarantees /Title 19 & 27) This short plat is required to construct frontage improvements and drainage facilities. Approved engineering plans, inspection fee and applicable financial guarantees are required prior to either starting construction or recording this short plat. At the time of engineering plan approval, the applicant will be notified of the fee amount that will be required to inspect construction (which shall be deposited with DOES) and of the financial guarantee amount( s) required prior to scheduling of the pre-construction meeting. Please note that the pre-construction meeting is mandatory prior to the start of any work (including site clearing), or the recording of the short plat. 6. Health (KCC 13) 7. This project is exempt from further King County Heath Department review. However, if improvements are required by the sewer and/or water purveyor to serve the lots in this short plat, then written documentation shall be provided from said purveyor(s) to verify that the required improvements have been bonded and/or installed, and all necessary easements have been provided, prior to final recording of the short plat. Building and Construction Standards (Title 16) The site plan identifies 8 trees with a circumference of 8 inches or larger. The applicant shall comply with all applicable provisions of KCC Chapter 16.82, including KCC Be;ison Heights Short Plat Paqe 7 King Co. File No.: L08S0007 City of Renton File No.: LUAOS-089, SHPL-A 8. 16.82, 156 concerning the preservation of "significant trees" on short subdivisions located in the King County "Urban" designated area. A detailed tree retention plan, which complies with KCC 16.82.15682 and other applicable requirements of this Code section, shall be submitted to ODES for review and approval prior to engineering plan approval (if required), or prior to final short plat approval where engineering plans are not required. Bonding may be required by DOES to assure implementation of the tree retention/replacement plan. No clearing or grading of the site shall occur until DOES approves the detailed tree retention plan land engineering plans where required). Fire Code IKCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code- The existing fire hydrant and the available fire flow and fire apparatus access are adequate. Fire Marshal approval is granted with no additional requirements. 9. Density and Dimensions IKCC 21A.12) All lots shall meet the density and dimensions requirements of the R-18 zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/or do not create additional lots may be approved at the discretion of the Department of Development and Environmental Services. The proposal shall meet the following: A. The proposal is using the provision of KCC 21A.34.34.040.F4 to increase the density to a total of 8 units. A duplex building consisting of two dwelling units may be constructed on the new lots (Lots1-3). B. The proposal is to retain the existing duplex building with each unit on its underlying lot (Lots A and 8). Prior to the final approval, the applicant shall demonstrate that the existing building meets the building code requirements where attached units are located on two separate lots. 10.. Recreation Tract. KCC 21A.14.180 11. At a minimum a 1,360 square feet recreation tract shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s), children's play equipment, picnic table[s]. benches, etc.). A. A detailed recreation space plan (i.e., landscaping in accordance with 21A.16, equipment specs, fencing, etc.) with appropriate fees shall be submitted for review and approval by ODES prior to or concurrent with the submittal of the final plat documents. This plan shall include location, area calculations, dimensions. and finish grade. B. A performance bond for recreation space improvements shall be posted prior to recording of the plat. C. A homeowner's association or other workable organization shall be established to the satisfaction of DOES which provides for the ownership and continued maintenance of the recreation tract. Street Trees IKCC 21A.16) -Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): Benson Heights Short Plat Page 8 King Co. File No.: L08S0007 City of Renton File No.: LUAOB-089, SHPL-A 12. A. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. B. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Design and Construction Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. C. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. D. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. E. The species of trees shall be approved by ODES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at 684-1622 to determine if 1081" Avenue SE and SE 170'" Street are on a bus route. If either is on a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within two year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for two years. After two years, the maintenance bond may be released after ODES has completed a second inspection and determined that the trees have been kept healthy and thriving. Road Mitigation Payment System The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording. If this option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS) have been paid." Or Benson Heights Short Plat P~ge 9 King Co. File No.: L08S0007 City of Renton File No.: LUAOB-089, SHPL-A B. Pay the MPS fee at the time of building permit issuance. If this option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated by circumstances. B. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Approved bylt4e City of Renton C.E. Vincent, Planning Director Parties and Persons of Interest: BOTTHEIM STEVE SUPERVISOR, CPLN LUSD MS OAK DE 0100 CLAUSSEN KIM PPMIII, CPLN LUSD MS OAK DE 0100 CRUZ ARIEL, 3318 30TH AVE SE #8506 SEATTLE WA 98126 Date: August 5, 2008 DEHKORDI FERESHTEH PPMII, CPLN LUSD MS OAK DE 0100 DIFRANCESCO LEONDARD, 105 HARVARD AVE E #106 SEATTLE WA 98106 FGMU/DDES FOLLMER MARK PRELIM REVIEW ENGR, ERS LUSD MS OAK DE 0100 FOSTER CURT SR ENGR, ERS LUSD MS OAK DE 0100 GREENE LYNDA A, 10824 SE 170TH ST B206 RENTON WA 98055 HENOCH LANNY PPMIII, CPLN LUSD MS OAK DE 0100 LYON ROBERT B, 10817 SE 170TH ST RENTON WA 98055 TENG NGY, 17003 -105TH AVE SE RENTON WA 98055 TOWNSEND STEVE SUPERVISOR, LUIS/LUSD WHITING KELLY KC DOT, ROAD SVC DIV MS OAK DE 0100 Benson Heights Short Plat Page IO King Co File No.: L08S0007 City of Renton File No.: LUAOS-089, SHPL-A • • RIGHT TO APPEAL The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 19, 2008. An appeal of the decision(s) must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110.B governs appeals to the Hearing Examiner. Appeals must be filed in writing together with the $75.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, ( 425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision- maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. EXPIRATION: The administrative short plat decision will expire two (2) years from the date of decision. A single one(!) year extension may be requested pursuant to RMC 4-7-070.M. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. Benson Heights Short Plat Page I! King Co. File No.: L08S0007 City of Renton File No. LUAOS-089, SHPL-.ll NOTICE OF DECISION File No.: L08S0007 Applicant: Consultant: City Contact: Project Location: Project Description: Permits Requested: Zoning: Drainage Basin: Department Decision: SEPA Threshold Determination: Appeal Deadline: Appeal Procedure: File Name: Benson Heights Short Plat Ariel Cruz 3318 30th Avenue SW #B50'6 Seattle, WA 98126 LD Engineering, LLC Leonard DiFrancesco 105 Harvard Avenue E #186 Seattle, WA 98102 Rocale Timmons, ~tePtlnner Telephone: (425) 439-721§ Email: rtimmons@ci.rimton.wa.111s 10801 SE 170th Street, Renton Subdivision of a .39-acre parcet into 5 duplex lots, ranging in size from appn>oolmaf(l'f~ 2;ffi s.,are feet to 3,400 square feet in size with an attive recreatJan area. Sl-iort Subdivision R-18 Black River Approve with Condfflons N/A August 19, 2008 You also have the right to appeal this decision in writing to the City of Renton Hearing Examiner. In order to appeal, a party must file: 1. A notice of appeal and a $75.00 non-refundable filing fee (payable to the City of Renton) must be received in our office by 5:00 p.m., August 19, 2008. The notice of appeal must include the ..J __ :_: __ ---1'--_._ ... ___ : __ ... : __ 1....-:-------•-.J CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT· PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING . On the 6th day of August, 2008, I deposited in the mails of the United States, a sealed envelope containing Notice of Decision & Short Plat Report & Decision documents. This information was sent to: Name Parties of Record -NOD & Short Plat Report & Decision Surrounding Property Owners -NOD only (Signature of Sender):, . ~ti "?7).,:/(t[.121 ;/ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Reoresentina See Attached See Attached . . . "'"\\\\\11,, I certify that I know or have satisfactory evidence that Stacy Tucker ........ ,~~ H~ 1,,, signed this instrument and acknowledged it to be his/her/their free and voluntary ~~tfi!t,. purposes mentioned in the instrument. :lJ}!Jt "'llvt;-.-~)!t~; L I ?fft~ ·tf'i ~ Dated: 8 i PB -d ~ ~ -· -.§ § • Notary Public in and the Stat~' Wasll109'0~ }"J.:. = ").~,, <-19· ~""~O;: A J~~ ""~'"'""'''''$~ Notary (Print): ~ YY\~:ve. c L,p, n ~ ~W\.q. h 'r•tti OF :(if<~,$' My appointment expires: I\\\\ ' ;;)-\'i·IO f ""B ;y;;.c( -11 nir, : - ttl!t1_ --~~ -~--~ - ~~~' ~li1~1~f:Y~- Benson Heights Short Plat LUAOS-089, SHPL-A / KING CO.: L08S0007 BOTTHEIM STEVE SUPERVISOR CPLN LUSD MS OAK DE 0100 CLAUSSEN KIM PPMIII CPLN LUSD MS OAK DE 0100 CRUZ ARIEL 3318 30TH AVE SE #8506 SEATTLE WA 98126 DEHKORDI FERESHTEH PPMII CPLN LUSD MS OAK DE 0100 DIFRANCESCO LEONDARD 105 HARVARD AVE E#106 SEATTLE WA 98106 FGMU/DDES FLORENT RAY CHIEF SURVEYOR CPLN LUSD MS OAK DE 0100 FOLLMER MARK PRELIM REVIEW ENGR ERS LUSD MS OAK DE OJ 00 FOSTER CURT SR ENGR ERS LUSD MS OAK DE 0100 ir-all-0008] L08Sllll07 L08S11ll07 L08S0007 L08S0007 L08S0007 L08S0007 L08S0007 L08S0007 L08S0007 GREENE LYNDA A 10824 SE 170TH ST B206 RENTON WA 98055 HENOCH LANNY PPMIII CPLN LUSD MS OAK DE 0100 LYON ROBERT B 10817 SE 170TH ST RENTON WA 98055 LYON, ROBERT I 0817 SE 170TH ST. RENTON, WA 98055 98055 TENGNGY 17003 • 105TH AVE SE RENTON WA 98055 TOWNSEND STEVE SUPERVISOR LUIS/LUSD WHITING KELLY KC DOT ROAD SVC DIV MS OAK DE 0100 L08S0007 L08S0007 L08S0007 L08S0007 L08S0007 L08S0007 L08S0007 ' . 3261150000/L08S0007 3261150450/L08S0007 ANDERSEN LARS F+VlCTORIA G I 0824 SE 170TH #B305 RENTON WA 98055 3261150060/L08S0007 BENNION REBECCA E 10824 SE 170TH #A-106 RENTON WA 98055 3261150200/L08S0007 BIVENS NYLA KAY 10824 170TH ST SE # A3 04 RENTON WA 98055 3261150360/L08S0007 BROUGHER MARK A 10824 SE 170TH ST #B204 RENTON WA 98055 RN/L08S0007 CITY OF RENTON DEVELOPMENT SERVICES DIVISION 1055 SOUTH GRADY WAY RENTON WA 98055 8637100230/L08S0007 D!ZDAREVIC EMIR+CAMILA 10940 SE 169TH PL RENTON WA 98055 3261150030/L08S0007 DUFRESNE LAURIE 10824 SE 170TH ST #A 103 RENTON WA 98055 0087000305/L08S0007 GALLERY CUSTOM HOMES 10011 SE 18TH ST RENTON WA 98055 2923059019/L08S0007 GERSTEL MERRILL 8636 N MERCER WAY MERCER ISLAND WA 98040 326Il503401L08S0007 ABERION OCTAVIO+MARIA 10824 SE 170TH ST #B-202 RENTON WA 98055 3261150110/L08S0007 BARBRICK DONNA M 10824SE 170TH ST#A203 RENTON WA 98055 0087000320/L08S0007 BERG GENE 1725NL1ME ORANGE CA 92665 2923059145/L08S0007 BJORNSTAD DARLENE R TRUST 14624 SE 183RD ST RENTON WA 98058 3261150090/L08S0007 CA VCIC MEJRA 10824 SE 170TH ST #A201 RENTON wa 98055 2923059026/L08S0007 CRUZ ARIEL A+DIFRANCESCO LE 1080I SE 170Tll ST RENTON WA 98055 3261 I50260/L08S0007 DO HUONG+HUYNH VIEN+PHI D 10824 SE 170Tll ST #B 102 RENTON WA 98055 326Jl50270/L08S0007 FLYNN MARIA R 10824 SE 170TH ST #B-103 RENTON WA 98055 86371003 50/L08S0007 GARRETr DANIEL 17017110TH PL SE RENTON WA 98055 8637J00290/L08S0007 GOLLA NIXON U 10914 SE 169Tll PL RENTON WA 98055 8637100070/L08S0007 AHMED HAMID M 2479 RIDGE WILL DR JACKSONVILLE FL 32246 8637100440/L08S0007 BEAMAN ROY J 6826 108TH A VE SE RENTON WA 98055 0087000316/L08S0007 BERG GENET POBOX946 ORANGE CA 92666 0087000321/L08S0007 BOLDT GREGORY J 7520 9TH CT NE SHORELINE WA 98155 2923059168/L08S0007 CITY OF RENTON 1055 S GRADY WAY RENTON WA 98055 2923059047/L08S0007 CULVER MICHAEL & MARY 10915 SE 168TH ST RENTON WA 98055 8637100080/L08S0007 DONISRENEO 10931 SE 169TH PL AUBURN WA 98001 3261150140/L08S0007 GALAN JENNIFER T+MARIETA T 10824 SE J 70TH ST #A-206 RENTON WA 98055 8637100370/L08S0007 GENSON MAX D+CRISPINA V 17025 J 10TH PL SE RENTON WA 98055 3261150100/L08S0007 GRAYES CHRISTINE ANN J 0824 SE 170TH ST A202 RENTON WA 98055 ' ' 3261150380/L08S0007 GREENE LYNDA ALAIN I 0824 SE 170TH ST #B206 RENTON WA 98055 8637100060/L08S0007 HARRISON JULIA L 10920 SE 170TH ST RENTON WA 98055 8637100380/L08S0007 HOANG DOAN TRINH THI 17029 110TH PL SE RENTON WA 98055 3261150480/L08S0007 JOHANNESSEN ROLF U+LORETT A 10824 SE 170TH ST #B-308 RENTON WA 98055 KE/L08S0007 KENT ENGINEERING DEPT EDWARD WHITE 2204TH AVES KENT WA 98032 3261150240/L08S0007 KLINGER CYNTHIA R 10824 SE 170TH ST #A 308 RENTON WA 98055 8637IOOIIO/L08S0007 LE HOAI THANH+CHAU KIM NGUY l 0949 SE 169TH PL RENTON WA 98055 326ll500l0/L08S0007 LEPESKA KEVIN D 10824 SE 170TH ST#A!Ol RENTON WA 98055 8637100220/L08S0007 LISIKOVA RENA+SHABALOV FILLIP 10946 SE 164TH PL RENTON WA 98055 2923059144/L08S0007 LYON RB 10817 SE 170TH RENTON WA 98055 3261150420/L08S0007 GRIMSTAD ANNE M 10824 SE 170TH ST #B302 RENTON WA 98055 3261150050/LOSSOOO? HINMAN RllONDA I 10824 SE 170TH ST #A 105 RENTON WA 98055 3261150300/LOSSOOO? HOOPES GARY D+PATRICIA E 10824 SE 270TI I ST #B-106 RENTON WA 98055 3261 l50320/L08S0007 KANE MADALINE 10824SE 170TH ST#B108 RENTON WA 98055 0087000304/L08S0007 KING COUNTY 500 4TH A VE #500 SEATTLE WA 98104 3261150230/L08S0007 KOSCHENE STACY l 0824 SE l 70TI I ST ff A307 RENTON WA 98055 0087000310/LOSSOOO? LEE JAMES K & DU KIET PO BOX 358 MERCER ISLAND WA 98040 3261150220/L08S0007 LEWIS CANDICE 2254 S GAUCHO DR MESA AZ 85202 2923059028/LOSSOOO? LORANGER JONELLE 18403 SE 224TH ST KENT WA 98042 2923059022/L08S0007 MB INVESTMENTS CHATHAM WR 1851 CENTRAL PL S #225 KENT WA 98030 3261150070/L08S0007 HARRIS BRYNN M 10824 SE 170TH ST#A107 RENTON WA 98055 2923059064/L08S0007 HINTON RORY D+DILISE S 10815 SE 168TH ST RENTON WA 98055 8637100090/L08S0007 HUMBERT SHELLY M 10937 SE 169TH PL RENTON WA 98055 2923059147/L08S0007 KELLYLLANE PO BOX 19592 SEA TILE WA 98109 2923059113/L08S0007 KIRK FLOYD & GAIL 10845 SE 170TH ST RENTON WA 98055 3261150120/L08S0007 KWOKFUKWAH 6244 129TH A VE SE BELLEVUE WA 98006 3261150470/L08S0007 LEONARD RAHMAL+DIANA 10824 SE 170TH ST #B307 RENTON WA 98055 8637100020/L08S0007 LIEU VAN Vl+VONG LOI THI 10944 SE 170TH ST RENTON WA 98055 2923059128/L08S0007 LOWERKYNAJ 10819 SE 170TH ST RENTON WA 98055 8637100360/L08S0007 MARCHAND TERRY M 17021 llOTHPLSE RENTON WA 98055 ' . .; . 2923059112/L08S0007 MARTIN ANDREW WILLIAM 10839 SE I 70TH ST RENTON WA 98055 8637100300/L08S0007 MAZUR ZBIGNIEW 16921 109TH PL SE RENTON WA 98055 0087000311/L08S0007 MEYER DAVID 1683 9 108TH A VE SE RENTON WA 98055 0087000260/L08S0007 NEWTONJAYN 17006 I 06TH A VE SE RENTON WA 98055 0087000250/L08S0007 NGUYEN HY V+THU HUONG 16824 106TH RENTON WA 98055 2923059052/L08S0007 NIEMI DONALD R+SYDNEY J 17022 108TH SE RENTON WA 98055 326ll50080/L08S0007 PAYNE KAREN M 10824 SE I 70TH ST A I 08 RENTON WA 98055 0087000275/L08S0007 RADTKE MICHAL THOMAS 17024 I 06TH A VE SE RENTON WA 98055 0087000295/L08S0007 ROBISON JAMES L 9670 RAINIER A VE S SEATTLEWA98118 8637100100/L08S0007 SAKOUNTHONG BEA 10943 SE 169TH PL RENTON WA 98055 008700030 l/L08S0007 MARVIN GARDENS TOWNHOMES L 10034 SE 218TH PL KENT WA 9803 I 326 l l50250/L08S0007 MCCLELLAND GREG 50 I CARL YSLE DR #7 CLARENDON HILLS IL 60514 326!I50290/L08S0007 MILES REBECCA L+AARON G I 0824 SE 170TH ST # ll-105 RENTON WA 98055 0087000255/L08S0007 NEWTON JEFFRY M+ JAY fl 16838 l06Tll A VE SE RENTON WA 98058 8637100050/L08S0007 NGUYEN THANH HANG THl+NHAN VAN TRAN I 0926 SE ! 70Tll ST RENTON WA 98055 8637100310/L08S0007 NIKOLA YEV SER7J-I 16927 109TH PL SE RENTON WA 98055 8637100030/L08S0007 PHALAKHONE LAE+PHYLAVONG BU 10938 SE 170TH ST RENTON WA 98055 326ll50310/L08S0007 REEDB W 10824SE 170TH ST B107 RENTON WA 98055 0087000296/L08S0007 ROillSON JAMES+EDW ARDINE 9670 RAINIER A VE S SEATTLE WA 98118 2923059094/L08S0007 SCHLAMP PHIL R+L!NDA I 0825 SE 170TH ST RENTON WA 98055 3261 ! 50190/L08S0007 MASONJACKL I 0824 SE 170TH ST RENTON WA 98055 3261150020/L08S0007 MCCLURE MELISSA L 10824 SE 170TH ST#Al02 RENTON WA 98055 8637100250/L08S0007 MILLER LYNN ELLEN 10934 SE 169TH PL RENTON WA 98055 3261150400/L08S0007 NGUYEN CHAU 8 10824 SE 170TH ST #8208 RENTON WA 98055 0087000298/L08S0007 NOY TENG+MORANY 17003 I 05TH A VE SE RENTON WA 98055 3261150130/L08S0007 ONDRACEK KARRIE L I 0824 SE 170TH ST # A205 RENTON WA 98055 3261150210/L08S0007 PUERTO LIMON LLC 300 QUEEN ANNE AVE N #611 SEATTLE WA 98109 SD 13/L08S0007 RENTON SCHOOL DISTRICT #403 R. STRACKE, FACILITIES & PLANNING 1220N 4TH ST RENTON WA 98055 8637100270/L08S0007 SAESERE FONG MEY+TRUONG TON I 0922 SE 169TH PL RENTON WA 98055 2923059070/L08S0007 SCHWARTZENBERGER DENNIS C 20106 SE 210TH ST MAPLE VALLEY WA 98038 ... ~ ' ' 2923059066/L08S0007 SHERWOOD KURT 168 JO 108TH A VE SE RENTON WA 98055 2923059065/L08S0007 SIMMS DONNA C 1090 I SE 168TH ST RENTON WA 98055 0087000293/L08S0007 SUBIC MARGERY PO BOX 769 RENTON WA 98057 3261150410/L08S0007 THANG GENA SAROUN 10824 SE 170TH ST #B301 RENTON WA 98055 3261150370/L08S0007 TURNER NORAH C 10824 SE 170TH ST #B-205 RENTON WA 98055 3261150460/L08S0007 WALLACE KENNETH L 10824 SE 170TH ST #B306 RENTON WA 98055 3261150430/L08S0007 WILLIAMS MELISSA+OWEN 10824 SE 170TH ST #B-303 RENTON WA 98055 326I150390/L08S0007 WULISAL 70 I 122ND A VE NE #406 BELLEVUE WA 98005 3261l50150/L08S0007 SIJERA JOSE 10824 SE 170TH ST #A207 RENTON WA 98055 2923059027/L08S0007 SOREMRON 10835 SE l 70Tl-l ST RENTON WA 98055 8637J00280/L08S0007 TARONA RONALD & NARCY LOU 10918 SE 169TI I PL RENTON WA 98055 8637100040/L08S0007 TODDNANCYL 10932 SE 170TH ST RENTON WA 98055 326l150l60/L08S0007 VANDAMME JOHN B 10824 SE l 70TII ST #A208 RENTON WA 98055 3261I50350/L08S0007 WEINER JONI R !0824 SE 170TII UNIT B203 RENTON WA 98055 3261I50440/L08S0007 WINSTON STANLEY R I 0824 SE 170TH ST # Il304 RENTON WA 98055 8637100260/L08S0007 ZAFRA GERALD S+RI IOWENA S 10928 SE l 69Tl-l PL RENTON WA 98055 3261150280/L08S0007 SIMIEN JOSEPH 10824 SE 170TH ST #BI 04 RENTON WA 98055 0087000265/L08S0007 SUBIC FRANCES SANDERS POBOX89 RENTON WA 98057 0087000291/L08S0007 TEUNG YAOTA+CHIOTA 17029 108TH A VE SE RENTON WA 98055 2923059071/L08S0007 TURLA MARIA THERESA 10907 SE 168TH ST RENTON WA 98055 3261150040/L08S0007 VERNET ELIZABET!-l+MARIO 10824 SE l 7011l ST # A 104 RENTON WA 98055 0087000300/L08S0007 WILLIAMS CHARLES D 25603 E LK WILDERNESS DR SE MAPLE VALLEY WA 98038 8637100240/L08S0007 WOOD LARRY J+MAILEILANl N 10936 SE 169TH PL RENTON WA 98055 NOTICE OF DECISION File No.: L08S0007 Applicant: Consultant: City Contact: Project Location: Project Description: Permits Requested: Zoning: Drainage Basin: Department Decision: SEPA Threshold Determination: Appeal Deadline: Appeal Procedure: File Name: Benson Heights Short Plat Ariel Cruz 3318 30th Avenue SW#B506 Seattle, WA 98126 LD Engineering, LLC Leonard DiFrancesco 105 Harvard Avenue E #106 Seattle, WA 98102 Rocale Timmons, Associate Planner Telephone: (425) 430-7219 Email: rtimmons@ci.renton.wa.us 10801 SE 170th Street, Renton Subdivision of a .39-acre parcel into 5 duplex lots, ranging in size from approximately 2,500 square feet to 3,400 square feet in size with an active recreation area. Short Subdivision R-18 Black River Approve with Conditions N/A August 19, 2008 You also have the right to appeal this decision in writing to the City of Renton Hearing Examiner. In order to appeal, a party must file: 1. A notice of appeal and a $75.00 non-refundable filing fee (payable to the City of Renton) must be received in our office by 5:00 p.m., August 19, 2008. The notice of appeal must include the decision and/or determination being appealed. 2. A statement of appeal must be received in our offices by 5:00 p.m., August 19, 2008, which includes: A. The errors contained in that decision and/or determination; B. Specific reasons why the decision and/or determination should be reversed or modified. C. The harm suffered or anticipated by the party; and D. The relief sought. Appeals must be submitted to the City of Renton City Clerk at the following address: 1055 South Grady Way, Renton, WA 98057; (7th Floor, Renton City Hall) The scope of an appeal shall be based on matters or issues raised in the Statement of Appeal. Failure to timely file a Notice of Appeal, appeal fee or Statement of Appeal, deprives the Hearing Examiner of jurisdiction to consider the appeal. The Hearing Examiner does not have the authority to extend the time period unless the Division is not open on the specified date, in which event delivery prior to 4:30 p.m. on the next business day is sufficient to meet the filing requirement. · Date of Mailing: August 5, 2008 If you have any questions regarding the appeal procedures, please contact the Project Manager at the phone number or e-mail listed above. If you require this material in Braille, audiocassette or large print, call (425) 430-6510. City of Renton has made a decision on an application for a development proposal on property at the address listed above. You are receiving notice of this decision because our records indicate that you own property within approximately 500 feet or because you requested to receive notice of the decision. ~ King County DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 REPORT AND DECISION SHORT SUBDIVISION File No. L08S0007 A. DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: This is a short subdivision of a 0.39-acre parcel into 5 lots for duplex dwellings in the R-18 zone. The proposed density is 20.5 dwelling units per acre. The proposed lot sizes range from approximately 2,500 to 3,400 square feet. Please see Attachment 1 for a copy of the short plat map. B. GENERAL INFORMATION: Owner/Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Ariel Cruz 3318 30'h Avenue SW# B506 Seattle, WA 98126 LD Engineering, LLC Leonard Difrancesco 105 Harvard Avenue E, # 106 Seattle, WA 98102 SE 29-23-05 10801 SE 1701h Street, Renton R-18 0.39 acre 5 18 du/acre Ranges from 2,500 to 3,400 sq.ft. Duplex residential units Soos Creek Water & Sewer District Soos Creek Water & Sewer District King County Fire District 40 Renton School District Application Vesting Date: February 12, 2008 A. B. tQ King County DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 REPORT AND DECISION SHORT SUBDIVISION File No. L08S0007 DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: This is a short subdivision of a 0.39-acre parcel into 5 lots for duplex dwellings in the R-18 zone. The proposed density is 20.5 dwelling units per acre. The proposed lot sizes range from approximately 2,500 to 3,400 square feet. Please see Attachment 1 for a copy of the short plat map. GENERAL INFORMATION: Owner/Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Application Vesting Date: Ariel Cruz 3318 30'" Avenue SW# 9506 Seattle, WA 98126 LO Engineering, LLC Leonard Difrancesco 105 Harvard Avenue E, # 106 Seattle, WA 98102 SE 29-23-05 10801 SE 170'" Street, Renton R-18 0.39 acre 5 18 du/acre Ranges from 2,500 to 3,400 sq.ft. Duplex residential units Soos Creek Water & Sewer District Soos Creek Water & Sewer District King County Fire District 40 Renton School District February 12, 2008 e 1 King Co. File No.· L02SClOC:,7 City nf Renton Frie ',o l.UAOS-089. SHPL-A c. HISTORY and BACKGROUND On November 6, 2007, the voters of Renton's Potential Annexation Area known as the "Benson Hill Communities Potential Annexation Area" approved a proposition to annex to the City of Renton. Effective March 1, 2008, the City approved an ordinance to accept the annexation area and all local governmental land use authority and jurisdiction with respect to the Annexation Area transferred from the County to the City upon the effective date. The City and the County approved execution of an lnterlocal Agreement relating to the Annexation Area for the purpose of in part establishing the process and authority for discretionary decisions with respect to land use and permitting from and after the date of annexation. Therefore under the provisions of Section 2.3 of the agreement, the County has prepared this report and recommendation to the City's designated decision-maker for a final decision. The City is responsible for scheduling, providing notice, conducting any appeals hearing and making any final decision for this application. County staff will attend an appeals hearing to testify with respect to analysis set forth in the County's report and recommendation if the application is appealed. The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Subdivision Technical Committee with a revised site plan on June 25, 2008. The modifications include provision of an adequate recreation area tract and minor technical adjustments to the proposed drainage facility. D. NATURAL ENVIRONMENT 1. Topography: Most of the site is level. There is a slight downward grade of approximately 5 % in the southeast portion of the site. 2. Soils: One soil type is found on this site per the1973 King County Soil Survey. The entire site is classified AgC. The following are AgC soil characteristics: AgC -Alderwood gravely, sandy loam; 6-15% slopes. Runoff is slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations due to a seasonally high water table and slope. It has a severe limitation for septic tank filter fields due to very slow permeability in the substratum. 3. Hydrography: A stream reconnaissance report was prepared by Altmann Oliver Associates, LLC dated March 21, 2008, to evaluate and determine if the existing drainage course (ditch) will meet the criteria for a stream under the Critical Area Ordinance and thus would need to be regulated. The study concluded that the existing drainage course does not meet the criteria for a stream. The King County Senior Ecologist has reviewed the study and has performed a site visit. He concurs with the report's findings and conclusion. 4. Vegetation: This site is primarily covered in pasture grasses. Scattered evergreen and deciduous trees and brush occur in limited numbers. Kin() Co. File No.: L08S0007 City of Renton F1ie Nu.: LUAOS-089. SHPL-A 5. Wildlife: Small birds and animals may inhabit this site; however, their population and species are limited due to nearby development. No threatened or endangered species are known to exist on or near the property. 6. Mapped Critical Areas: The Critical Areas Inventory does not identify any mapped critical areas as being present on this site. E. NEIGHBORHOOD CHARACTERISTICS: F. The property is localed on the southeast corner of the intersection of 1081h Avenue SE and SE 1701h Street. 1081h Avenue SE curves and becomes Benson Road South, a short distance north of the site. The Site and the neighboring properties were annexed to the City of Renton on March 1, 2008 as part of the Benson Heights annexation. The site and the properties to the south and north are zoned R-18. Properties across the road to the west are zoned R-12 and are developed with single family houses. Properties to the east of the site are zoned R-12 and are developed with multifamily residential structures. There is a multi family residential development across the road north of the site. The site itself is developed with a residential duplex. The building will remain with each unit in the duplex placed on a separate lot. DESIGN FEATURES 1. Lot Pattern and Density: The proposal includes creation of 5 residential lots, two of which will occupy the existing duplex (one unit on each lot). The other three lots will be developed with a residential duplex on each lot, (two units on each). A total of 8 dwelling units would be created as part of this proposal. However, based on the site's size and zoning, no more than 7 dwelling units can be created. The applicant is proposing to use the provision of KCC 21A. 34.040F4, Residential Density Incentive (Energy Conservation) to increase the density to 8. The site is within Y. mile of a metro bus stop with Y:, hour transit services during the peak hours and hourly services during the nonpeak hours. The bus stop is at the intersection of 1081h Avenue and SE 1761h along service transit line 169. 2. Access/Roadway Section: This site is bounded on the west by 108th Avenue SE, an urban minor arterial, and on the north by SE 170th Street, an urban subcollector street. The existing duplex currently accesses SE 170th Street which will remain unchanged. The new lots will have access to SE 1701h Street via individual driveways. The site's frontage along SE 170th Street is a substandard shoulder section. This frontage will be improved to the urban standard consisting of curb and sidewalk. Additional right-of-way will be dedicated. Urban improvements currently exist along 108th Avenue SE. No additional improvements will be required along this road frontage. 3. Drainage: Currently, the site slopes to the south where storm water runoff leaves the site in the form of sheet flow. With the proposed development, runoff will be conveyed to the SE 170th Street storm drainage system. Both flow paths recombine in the 108th Avenue SE roadside storm drainage system. The Level 1 Downstream Analysis did not identify any flooding or drainage problems downstream from the site. Small site BMP's will be used to meet flow control and water quality requirements. Due to the frontage Kin9 Co File No .. LOllSC007 City of Renton File ~Jo. LUACS-089. SHPL-A improvements and pipe work, engineering plans and a targeted drainage review will be required. 4. Other Design Features: The proposal includes a 1,360-square-foot recreation tract to be located on the northwest corner of the site. This meets the requirements of KCC 21A.14.180A.3 for on-site recreation space. This tract will be improved with a tot lot area and landscaping. G. PUBLIC SERVICES 1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Soos Creek Water and Sewer District. A Certificate of Sewer Availability, dated January 24, 2008, indicates this sewer district's capability to serve the proposed development. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. A Certificate of Water Availability, dated January 24, 2008, indicates this water district's capability to serve the proposed development. 3. School facilities: The subject subdivision will be served by Cascade Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located within the Renton School District. 4. School Access: The District has indicated that the future students from this subdivision will be bussed to the elementary school and the high school. The school bus pick-up location is at the intersection of 108'h Avenue SE and SE 1701 " Street. There will be sidewalks from the site to the bus pick-up location. The future students from this development will walk to the junior high school. Walkway conditions to the junior high consist of sidewalks and paved shoulders. 5. Parks and Recreation Space: The nearest public park is Thomas Teasdale Park located on Benson Drive South a few miles northwest of the site. KCC 21A.14 requires subdivisions in the UR and R zone classifications to either provide on-site recreation space or pay a fee to the Parks Division for establishment and maintenance of neighborhood parks. The applicant is proposing to provide suitable recreation space. KCC 21A.14.190 requires subdivisions to provide tot/children play areas within the recreation space on-site. The recreation tract will be improved and landscaped. H. SEPA THRESHOLD DETERMINATION: This short subdivision application is exempt from review under the State Environmental Policy Act (SEPA), RCW 43.21 C. I. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 2007 King County Road Srort Plc1t King Co File Nu L08S0007 City of Renton f-ile No .. LUAOS-089. SHPL-A Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. J. DECISION: Proposed Short Plat revised and received June 25, 2008 (Attachment 1) is granted preliminary approval subject to the following conditions: 1. KCC Title 19A -Compliance with Final Short Subdivision Requirements A. The proposal shall comply with all platting provisions of the King County Code. B. The final short subdivision recording documents must be prepared by a professional land surveyor, licensed in the State of Washington. These documents shall comply with the conditions of approval listed in this letter. C. The final review process must be completed prior to the recording of the short subdivision or the sate of any tots contained within. The Department of Development and Environmental Services (ODES) strongly recommends that the Final Short Plat review package be submitted to the department at least one year prior to the expiration date of the preliminary approval letter. D. All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. E. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final short plat recording. F. Prior to recording, KCC 19A.08.160 requires that drainage facilities and erosion control measures are in place consistent with K.C.C. 9.04.090. 2. The applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots 1 -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of this short plat application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed as an approval of these planned improvements, nor an endorsement that such improvements will meet zoning dimensional requirements and will fit on these lots. Review and approval of these planned improvements and uses for these lots will occur through the building permit review process, following the recording of the subject short plat. 3. 2007 King County Road Design & Construction Standards. (KCRD&CS) Roadway improvements are required to address access requirements and impacts to existing roads and right-of-way. The extent of improvements (conditioned below) requires submittal of engineering plan and profiles and appropriate review fees. Plans shall be prepared and stamped by a professional engineer licensed in the State of Washington and contain the applicable elements outlined in 2007 KCRD&CS and/or the 2005 Surface Water Design Manual (see Section 2.2.2). (Please note that the applicant should submit the plans a minimum of one year prior to the preliminary approval King Co. File No.: LOBSC:007 City of Renton File No.: LUAOS-089. SHPL-A expiration date). Please see Condition# 3 for additional drainage submittal requirements. All construction and upgrading of public and private roads shall be done in accordance with the 2007 KCRDCS established and adopted by Ordinance No. 15753, as amended. The proposal shall meet the following conditions: A. SE 170th Street is classified as an urban subcollector street (KCRD&CS, Section 2.03.B). Urban frontage improvements (including curb gutter and sidewalk) shall be constructed along the frontage and additional right-of-way (ROW) shall be dedicated to provide a total of 24 feet measured from the ROW centerline. B. 108th Avenue SE is classified as a minor arterial street (KCRD&CS 2.03(A)). Direct access to arterial roads is controlled with infrequent access points (Section 2.03.B). No direct access shall be permitted from the abutting lot. A note to this effect shall be recorded with the short plat.' C. The curb and sidewalk return at the intersection of 108th Avenue SE and SE 170th Street shall be reconstructed to current standards including sidewalk ramps (Figure 3-010) and curb return radius (Section 2.10.A.3.a). Additional right-of-way shall be dedicated to provide a 25' right-of-way line radius at the corner ( Section 2 .1 0 .A. 4). D. Driveway connections shall comply with KCRD&CS Standard Drawing 3-004. E. Modifications to the above road improvement conditions may be considered by King County pursuant to the variance procedures in KCRDCS 1.12. Any request for a road variance shall be submitted to DOES on the appropriate form and with the minimum fee deposit. Other engineering details that may be shown on the preliminary site plan with the exception of the above may not have been reviewed for compliance with KCRDCS. If differences exist, the final design shall be modified to meet KCRDCS. In addition to the above conditions, a right-of-way construction permit is required for any utility work in County right-of-way. F. Street trees shall be included in the design of all road improvements, and shall comply with the KCRD&CS, Section 5.03 4. Surface Water Management and Control (Title 9 KCC), 2005 King County Surface Water Design Manual ISWDM) ..,,. :-.,Y; ! The required improvements for this short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 of the 2005 SWDM. Prior to short plat recording, the applicant shall submit drainage plans (combined with road improvement plans) and a technical information report to address the applicable design requirements shown in the KCSWDM. A. Drainage plans and analysis for lot improvements (houses driveways and parking areas) shall be provided prior to recording and shall comply with the 2005 SWDM. ODES approval of the drainage plans is required prior to any construction. Kinc1 Co File No LOuSDOO! City of RP.nton File No.: LUAOS-089. ShPL-A 5. 6. 7. B. Standard plan notes and a construction sequence as specified in the SWDM shall be shown on the drainage plans. See KCRD&CS, Section 78). C. To implement the required Best Management Practices (BMP) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. As described in Chapter 5 of the drainage manual, a subdivision project may implement the required BMPs or defer the BMP requirements until future review of building permits. In either case, the final engineering plans shall clearly indicate the applicable BMP standards and requirements for implementation on the recorded plat. Any proposed clearing and grading of the site shall also comply with the soil amendment requirements in KCC 16.82.100. D. If the storm water BM P's are deferred until building permit review, the following note shall be shown on the final recorded plat: "Permit applications for buildings or other improvements constructed on lots created by this subdivision must be reviewed by King County for compliance with Best Management Practices (BMP's) and other applicable drainage standards as specified in the SWDM. As determined by King County, the permit applicant for each lot must prepare a drainage site plan with procedures for design and maintenance details, and record a declaration of covenant and grant of easement for implementation of the BMPs. " E. Consistent with authority and procedures outlined in Chapter 1.4 of the KCSWDM, drainage adjustments to any of the above requirements may be considered. Adjustments shall be submitted to DOES on the appropriate form and with the appropriate fee deposit. Site Improvement Inspections, Fees & Financial Guarantees /Title 19 & 27) This short plat is required to construct frontage improvements and drainage facilities. Approved engineering plans, inspection fee and applicable financial guarantees are required prior to either starting construction or recording this short plat. At the time of engineering plan approval, the applicant will be notified of the fee amount that will be required to inspect construction (which shall be deposited with DOES) and of the financial guarantee amount(s) required prior to scheduling of the pre-construction meeting. Please note that the pre-construction meeting is mandatory prior to the start of any work (including site clearing), or the recording of the short plat. Health (KCC 13) This project is exempt from further King County Heath Department review. However, if improvements are required by the sewer and/or water purveyor to serve the lots in this short plat, then written documentation shall be provided from said purveyor(s) to verify that the required improvements have been bonded and/or installed, and all necessary easements have been provided, prior to final recording of the short plat. Building and Construction Standards /Title 16) The site plan identifies 8 trees with a circumference of 8 inches or larger. The applicant shall comply with all applicable provisions of KCC Chapter 16.82, including KCC King Co. File No. L08S0007 City ol Renton File No. LUAOB-089. SHPL-A 8. 9. 10. 11. 16.82.156 concerning the preservation of "significant trees" on short subdivisions located in the King County "Urban" designated area. A detailed tree retention plan, which complies with KCC 16.82.156B2 and other applicable requirements of this Code section, shall be submitted to DOES for review and approval prior to engineering plan approval (if required), or prior to final short plat approval where engineering plans are not required. Bonding may be required by DOES to assure implementation of the tree retention/replacement plan. No clearing or grading of the site shall occur until DOES approves the detailed tree retention plan (and engineering plans where required}. Fire Code (KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code- The existing fire hydrant and the available fire flow and fire apparatus access are adequate. Fire Marshal approval is granted with no additional requirements. Density and Dimensions (KCC 21 A.12) All lots shall meet the density and dimensions requirements of the R-18 zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/or do not create additional lots may be approved at the discretion of the Department of Development and Environmental Services. The proposal shall meet the following: A. The proposal is using the provision of KCC 21A.34.34.040.F4 to increase the density to a total of 8 units. A duplex building consisting of two dwelling units may be constructed on the new lots (Lots1-3). B. The proposal is to retain the existing duplex building with each unit on its underlying lot (Lots A and B ). Prior to the final approval, the applicant shall demonstrate that the existing building meets the building code requirements where attached units are located on two separate lots. Recreation Tract. KCC 21 A.14.180 At a minimum a 1,360 square feet recreation tract shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s]. children's play equipment, picnic table[s], benches, etc.). A. A detailed recreation space plan (i.e., landscaping in accordance with 21 A.16, equipment specs, fencing, etc.) with appropriate fees shall be submitted for review and approval by DOES prior to or concurrent with the submittal of the final plat documents. This plan shall include location, area calculations, dimensions, and finish grade. B. A performance bond for recreation space improvements shall be posted prior to recording of the plat. C. A homeowner's association or other workable organization shall be established to the satisfaction of ODES which provides for the ownership and continued maintenance of the recreation tract. Street Trees (KCC 21A.16)-Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): King Co. File No. L08S0007 C::ity of Renton File No.: LUAOS-089. SHPL-A A. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. B. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Design and Construction Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. C. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. D. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. E. The species of trees shall be approved by ODES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at 684-1622 to determine if 1 oa'" Avenue SE and SE 170'" Street are on a bus route. If either is on a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within two year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for two years. After two years, the maintenance bond may be released after DOES has completed a second inspection and determined that the trees have been kept healthy and thriving. 12. Road Mitigation Payment System The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording. If this option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS) have been paid." Or King Co. File No. L08S0007 City of Renton Fiie No. LU/\08-089, SHPL-A B. Pay the MPS fee at the time of building permit issuance. If this option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated by circumstances. B. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Approved byMe City of Renton C.E. Vincent, Planning Director Parties and Persons of Interest: BOTTHEIM STEVE SUPERVISOR, CPLN LUSD MS OAK DE 0100 CLAUSSEN KIM PPMIII, CPLN LUSD MS OAK DE 0100 CRUZ ARIEL, 3318 30TH AVE SE #8506 SEATTLE WA 98126 Date: August 5, 2008 DEHKORDI FERESHTEH PPMII, CPLN LUSD MS OAK DE 0100 DIFRANCESCO LEONDARD, 105 HARVARD AVE E #106 SEATTLE WA 98106 FGMU/DDES FOLLMER MARK PRELIM REVIEW ENGR, ERS LUSD MS OAK DE 0100 FOSTER CURT SR ENGR, ERS LUSD MS OAK DE 0100 GREENE LYNDA A, 10824 SE 170TH ST B206 RENTON WA 98055 HENOCH LANNY PPMIII, CPLN LUSD MS OAK DE 0100 LYON ROBERT B, 10817 SE 170TH ST RENTON WA 98055 TENG NGY, 17003 -105TH AVE SE RENTON WA 98055 TOWNSEND STEVE SUPERVISOR, LUIS/LUSD WHITING KELLY KC DOT, ROAD SVC DIV MS OAK DE 0100 {i King Co File No.: L08SiJOCJ7 Cily of Re1-,to11 File r,_o ,JJA08-089 SH1'L-A RIGHT TO APPEAL The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 19, 2008. An appeal of the decision(s) must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Renton Municipal Code Section 4-8-110.B governs appeals to the Heating Examiner. Appeals must be filed in writing together with the $75.00 application fee to Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that a decision on a short plat be reopened by the Administrator (Decision-maker). The Administrator (Decision-maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he fmds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision- maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. EXPIRATION: The administrative short plat decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-7-070.M. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex patte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Heating Examiner. All communications ate public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court Kinq Co. Filo r,o L08S0007 Cit.y of Renton File Nu. LUA08-0ll9, SHPL,A ti KingCounty Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.metrokc.gov July 25, 2008 Jennifer Hennings Planning Division City of Renton 1055 South Grady Way Renton, WA 98057 RE: Preliminary Approval for Short Subdivision No.LOSS0007 Benson Heights Short Plat Dear Ms. Hennings: The King County Land Use Services Division (LUSD) has completed its review of the above-noted short subdivision application. LUSD staff have determined the proposed short plat can comply with the King County Land Segregation Code (Title 19A), the Zoning Code (Title 2 IA), and other applicable codes referenced in KCC l 9A.08.060. Pursuant to the provisions of the interlocal agreement between the City and our department for the review of pending applications in the Benson Heights annexation area, LUSD recommends this short subdivision be granted preliminary approval subject to conditions. Enclosed you will find the following relevant documents: • Draft Notice of Decision* • Report and Decision * • Labels for Parties of Record and 500 foot radius list • Customer Information Bulletin #25 (You may wish to forward this document to the applicant with the decision to grant preliminary approval to the application.) If you have any questions or need additional documents from the file, please contact either Fereshteh Dehkordi, Project Manager. at 206-296-7173 or bv e-mail at fereshteh.dehkordi@kingcounty.gov or Curt Foster, Senior Engineer, at 206-296-7106 or by e-:nail at curt.foster@kingcounty.gov. Following the completion of your review, please forward a copy of the City's decision to Ms. Dehkordi. The preliminary approval will be valid for the penod of 60-months from the date of the decision. In addition, following the close of the appeal period, please send confirmation as to whether any appeals of the City's decision were filed, and a copy of any subsequent appeal decision issued by the City. A~MI~ Steve Bottheim, Supervisor Current Planning Section Land Use Services enclosures ¥€ Raymond E. Floren!, PLS Chief Land Surveyor/ Engineer IV Acting Supervisor, Engineering Review, LUSD * An electronic copy of these documents will also he fonvarded to the City. w King County DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 REPORT AND DECISION SHORT SUBDIVISION File No. L0SS0007 A. DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: This is a short subdivision of a .39-acre parcel into 5 lots for duplex dwellings in the R- 18 zone. The proposed density is 20.5 dwelling units per acre. The proposed lot sizes range from approximately 2,500 to 3,400 square feet. Please see attachment 1 for a copy of the short plat map. B. GENERAL INFORMATION: C. Owner/Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Ariel Cruz 3318 30th Avenue SW# B506 Seattle, WA 98126 LO Engineering, LLC Leonard Difrancesco 105 Harvard Avenue E, # 106 Seattle, WA 98102 SE 29-23-05 10801 SE 1701h Street, Renton R-18 .39 acre 5 18 du/acre Ranges from 2,500 to 3,400 sq.ft. duplex residential units Soos Creek Water & Sewer District Soos Creek Water & Sewer District King County Fire District 40 Renton School District Application Vesting Date: February 12, 2008 HISTORY and BACKGROUND On November 6, 2007, the voters of Renton's Potential Annexation Area known as the "Benson Hill Communities Potential Annexation Area approved a proposition to annex to the City of Renton. Effective March 1, 2008, the City approved an ordinance to accept the annexation area and all local governmental land use authority and jurisdiction with respect to the Annexation Area transferred from the County to the City upon the effective date. The City and the County approved execution of an lnterlocal Agreement relating to the Annexation Area for the purpose of in part establishing the Benson Heights Shmt Piat l of 10 Lt)8SCUD/ D. process and authority for discretionary decisions with respect to land use and permitting from and after the date of annexation. Therefore under the provisions of Section 2.3 of the agreement, the County has prepared this report and recommendation to the City's designated decision-maker for a final decision. The City is responsible for scheduling, providing notice, conducting any appeals hearing and making any final decision this application. County staff will attend an appeals hearing to testify with respect to analysis set forth in the County's report and recommendation if the application is appealed. The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Subdivision Technical Committee with a revised site plan on June 25, 2008. The modifications include provision of an adequate recreation area tract and minor technical adjustments to the proposed drainage facility. NATURAL ENVIRONMENT 1. Topography: Most of the site is level. There is a slight downward grade of approximately 5 % in the southeast portion of the site. 2. Soils: One soil type is found on this site per the1973 King County Soil Survey. The entire site is classified AgC. The following are AgC soil characteristics: AqC -Alderwood gravely, sandy loam; 6-15% slopes. Runoff is slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations due to a seasonally high water table and slope. It has a severe limitation for septic tank filter fields due to very slow permeability in the substratum. 3. Hydrography: A stream reconnaissance report was prepared by Altmann Oliver Associates, LLC dated March 21, 2008, to evaluate and determine if the existing drainage course (ditch) will meet the criteria for a stream under the Critical Area Ordinance and thus would need to be regulated. The study concluded that the existing drainage course does not meet the criteria for a stream. The King County Senior Ecologist has reviewed the study and has performed a site visit. He concurs with the report's findings and conclusion. 4. Vegetation: This site is primarily covered in pasture grasses. Scattered evergreen and deciduous trees and brush occur in limited numbers. 5. Wildlife: Small birds and animals may inhabit this site; however, their population and species are limited due to nearby development. No threatened or endangered species are known to exist on or near the property. 6. Mapped Critical Areas: The Critical Areas Inventory does not identify any mapped critical areas as being present on this site. E. NEIGHBORHOOD CHARACTERISTICS: The properti is located on the southeast corner of the intersection of 1081h Avenue SE and SE 170 Street south of the City of Renton. 1081h Avenue SE curves and becomes Benson Road South, a short distance north of the site. The Site and the neighboring properties were annexed to the City of Renton on March 1, 2008 as part of the Benson Heights annexation. The site and the properties to the south and north are zoned R-18. Properties across the road to the west are zoned R-12 and are developed with single family houses. Ber,son Heights Sr,orl Plat l08SC007 Properties to the east of the site are zoned R-12 and are developed with multifamily residential structures. There is a multi family residential development across the road north of the site. The site itself is developed with a residential duplex. The building will remain with each unit in the duplex placed on a separate lot. F. DESIGN FEATURES 1. Lot Pattern and Density: The proposal includes creation of 5 residential lots, two of which will occupy the existing duplex (one unit on each lot). The other three lots will be developed with a residential duplex on each lot, (two units on each). A total of 8 dwelling units would be created as part of this proposal. However, based on the site's size and zoning, no more than 7 dwelling units can be created. The applicant is proposing to use the provision of KCC 21A. 34.040F4, Residential Density Incentive (Energy Conservation) to increase the density to 8. The site is within Y.. mile of a metro bus stop with Y, hour transit services during the peak hours and hourly services during the nonpeak hours. The bus stop is at the intersection of 1081 h Avenue and SE 1761 h along service transit line 169. 2. Access/Roadway Section: This site is bounded on the west by 108th Avenue SE, an urban minor arterial, and on the north by SE 170th Street, an urban subcollector street. The existing duplex currently accesses SE 170th Street which will remain unchanged. The new lots will have access to SE 1701 h Street via individual driveways. The site's frontage along SE 170th Street is a substandard shoulder section. This frontage will be improved to the urban standard consisting of curb and sidewalk. Additional right-of-way will be dedicated. Urban improvements currE:intly exist along 108th Avenue SE. No additional improvements will be required along this road frontage. 3. Drainage: Currently, the site slopes to the south where storm water runoff leaves the site in the form of sheet flow. With the proposed development, runoff will be conveyed to the SE 170th Street storm drainage system. Both flow paths recombine in the 108th Avenue SE roadside storm drainage system. The Level 1 Downstream Analysis did not identify any flooding or drainage problems downstream from the site. Small site BMP's will be used to meet flow control and water quality requirements. Due to the frontage improvements and pipe work, engineering plans and a targeted drainage review will be required. 4. Other Design Features: The proposal includes a 1,360-square-foot recreation tract to be located on the northwest corner of the site. This meets the requirements of KCC 21A.14.180A.3 for on-site recreation space. This tract will be improved with a tot lot area and landscaping. G. PUBLIC SERVICES 1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Soos Creek Water and Sewer District. A Certificate of Sewer Availability, dated January 24, 2008, indicates this sewer district's capability to serve the proposed development. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. A Certificate of Water Availability, dated January 24, 2008, indicates this water district's capability to serve the proposed development. 3. School facilities: The subject subdivision will be served by Cascade Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located within the Renton School District. Benson Heights Short Plat L08S0007 4. School Access: The District has indicated that the future students from this subdivision will be bussed to the elementary school and the high school. The school bus pick-up location is at the intersection of 1081 h Avenue SE and SE 1701h Street. There will be sidewalks from the site to the bus pick-up location. The future students from this development will walk to the junior high school. Walkway conditions to the junior high consist of sidewalks and paved shoulders. 5. Parks and Recreation Space: The nearest public park is Thomas Teasdale Park located on Benson Drive South a few miles northwest of the site. KCC 21A.14 requires subdivisions in the UR and R zone classifications to either provide on-site recreation space or pay a fee to the Parks Division for establishment and maintenance of neighborhood parks. The applicant is proposing to provide suitable recreation space. KCC 21 A.14.190 requires subdivisions to provide tot/children play areas within the recreation space on-site. The recreation tract will be improved and landscaped. H. SEPA THRESHOLD DETERMINATION: This short subdivision application is exempt from review under the State Environmental Policy Act (SEPA), RCW 43.21 C. I. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 2007 King County Road Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. J. DECISION: Proposed Short Plat revised and received June 25, 2008 (Attachment 1) is granted preliminary approval subject to the following conditions: 1. KCC Title 19A-Compliance with Final Short Subdivision Requirements A. The proposal shall comply with all platting provisions of the King County Code. B. The final short subdivision recording documents must be prepared by a professional land surveyor, licensed in the State of Washington. These documents shall comply with the conditions of approval listed in this letter. C. The final review process must be completed prior to the recording of the short subdivision or the sale of any lots contained within. The Department of Development and Environmental Services (ODES) strongly recommends that the Final Short Plat review package be submitted to the department at least one year prior to the expiration date of the preliminary approval letter. D. All persons having an uv,, ,ership interest in the subject property shali sign on the face of the final short subdivision. E. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final short plat recording. F. Prior to recording, KCC 19A.08.160 requires that drainage facilities and erosion control measures are in place consistent with K.C.C. 9.04.090. Benson Heights Short Plat LC8~,C007 2. The applicant's preliminary plat map shows certain planned improvements to be constructed on each of proposed Lots 1 -3, including duplex residences, driveways, walkways, and a patio at the rear of the duplex residential buildings. The preliminary approval of this short plat application to create five lots (labeled Lots 1, 2, 3, A and B) should not be construed as an approval of these planned improvements, nor an endorsement that such improvements will meet zoning dimensional requirements and will fit on these lots. Review and approval of these planned improvements and uses for these lots will occur through the building permit review process, following the recording of the subject short plat. 3. 2007 King County Road Design & Construction Standards, (KCRD&CS) Roadway improvements are required to address access requirements and impacts to existing roads and right-of-way. The extent of improvements (conditioned below) requires submittal of engineering plan and profiles and appropriate review fees. Plans shall be prepared and stamped by a professional engineer licensed in the State of Washington and contain the applicable elements outlined in 2007 KCRD&CS and/or the 2005 Surface Water Design Manual (see Section 2.2.2). (Please note that the applicant should submit the plans a minimum of one year prior to the preliminary approval expiration date). Please see Condition# 3 for additional drainage submittal requirements. All construction and upgrading of public and private roads shall be done in accordance with the 2007 KCRDCS established and adopted by Ordinance No. 15753, as amended. The proposal shall meet the following conditions: A. SE 170th Street is classified as an urban subcollector street (KCRD&CS, Section 2.03.B). Urban frontage improvements (including curb gutter and sidewalk) shall be constructed along the frontage and additional right-of- way (ROW) shall be dedicated to provide a total of 24 feet measured from the ROW centerline. B. 108th Avenue SE is classified as a minor arterial street (KCRD&CS 2.03(A)). Direct access to arterial roads is controlled with infrequent access points (Section 2.03.B). No direct access shall be permitted from the abutting lot. A note to this effect shall be recorded with the short plat.· C. The curb and sidewalk return at the intersection of 108th Avenue SE and SE 170th Street shall be reconstructed to current standards including sidewalk ramps (Figure 3-010) and curb return radius (Section 2.1 O.A.3.a). Additional right-of-way shall be dedicated to provide a 25' right-of-way line radius at the corner (Section 2.1 O.A.4 ). D. Driveway connections shall comply with KCRD&CS Standard Drawing 3- 004. E. Modifications to the above road improvement conditions may be considered by King County pursuant to the variance procedures in KCRDCS 1.12. Any request for a road variance shall be submitted to DOES on the appropriate form and with the minimum fee deposit. Other engineering details that may be shown on the preliminary site plan with the exception of the above may not have been reviewed for compliance with KCRDCS. If differences exist, the final design shall be modified to mee.t KCRDCS. In addition to the above conditions, a right-of-way construction permit is required for any utility work in County right-of-way. F. Street trees shall be included in the design of all road improvements, and shall comply with the KCRD&CS, Section 5.03 Benson Heights Short Plat LC8SC007 4. Surface Water Management and Control (Title 9 KCC}. 2005 King County Surface Water Design Manual (SWDM) The required improvements for this short plat qualify for Targeted Drainage Review, Category# 2, as outlined in Chapter 1.1.2.2 of the 2005 SWDM. Prior to short plat recording, the applicant shall submit drainage plans (combined with road improvement plans) and a technical information report to address the applicable design requirements shown in the KCSWDM. A. Drainage plans and analysis for lot improvements (houses driveways and parking areas) shall be provided prior to recording and shall comply with the 2005 SWDM. ODES approval of the drainage plans is required prior to any construction. B. Standard plan notes and a construction sequence as specified in the SWDM shall be shown on the drainage plans. See KCRD&CS, Section 78). C. To implement the required Best Management Practices (BMP) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. As described in Chapter 5 of the drainage manual, a subdivision project may implement the required BMPs or defer the BMP requirements until future review of building permits. In either case, the final engineering plans shall clearly indicate the applicable BMP standards and requirements for implementation on the recorded plat. Any proposed clearing and grading of the site shall also comply with the soil amendment requirements in KCC 16.82.100. D. If the storm water BM P's are deferred until building permit review, the following note shall be shown on the final recorded plat: "Permit applications for buildings or other improvements constructed on lots created by this subdivision must be reviewed by King County for compliance with Best Management Practices (BMP's) and other applicable drainage standards as specified in the SWDM. As determined by King County, the permit applicant for each lot must prepare a drainage site plan with procedures for design and maintenance details, and record a declaration of covenant and grant of easement for implementation of the BMPs." E. Consistent with authority and procedures outlined in Chapter 1.4 of the KCSWDM, drainage adjustments to any of the above requirements may be considered. Adjustments shall be submitted to DOES on the appropriate form and with the appropriate fee deposit. 5. Site Improvement Inspections. Fees & Financial Guarantees ( Title 19 & 27) 6. This short plat is required to construct frontage improvements and drainage facilities. Approved engineering plans, inspection fee and applicable financial guarantees are required prior to either starting construction or recording this short plat. At the time of engineering plan approval, the applicant will be notified of the fee amount that v.1i!! be required to inspect construction (which shall be deposited with DOES) and of the financial guarantee amount(s) required prior to scheduling of the pre-construction meeting. Please note that the pre- construction meeting is mandatory prior to the start of any work (including site clearing), or the recording of the short plat. Health (KCC 13) This project is exempt from further King County Heath Department review. However, if improvements are required by the sewer and/or water purveyor to serve the lots in this short plat, then written documentation shall be provided from said purveyor(s) to verify that the required improvements have been Benson Heights Short Plat L08S0007 7. 8. bonded and/or installed, and all necessary easements have been provided, prior to final recording of the short plat. Building and Construction Standards (Title 16) The site plan identifies 8 trees with a circumference of 8 inches or larger. The applicant shall comply with all applicable provisions of KCC Chapter 16.82, including KCC 16.82.156 concerning the preservation of "significant trees" on short subdivisions located in the King County "Urban" designated area. A detailed tree retention plan, which complies with KCC 16.82.156B2 and other applicable requirements of this Code section, shall be submitted to ODES for review and approval prior to engineering plan approval (if required), or prior to final short plat approval where engineering plans are not required. Bonding may be required by DOES to assure implementation of the tree retention/replacement plan. No clearing or grading of the site shall occur until DOES approves the detailed tree retention plan (and engineering plans where required). Fire Code (KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code- The existing fire hydrant and the available fire flow and fire apparatus access are adequate. Fire Marshal approval is granted with no additional requirements. 9. Density and Dimensions (KCC 21A.12) All lots shall meet the density and dimensions requirements of the R-18 zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision. which do not result in substantial changes and/or do not create additional lots may be approved at the discretion of the Department of Development and Environmental Services. The proposal shall meet the following: A. The proposal is using the provision of KCC 21A.34.34.040.F4 to increase the density to a total of 8 units. A duplex building consisting of two dwelling units may be constructed on the new lots (Lots1-3). B. The proposal is to retain the existing duplex building with each unit on its underlying lot (Lots A and B). Prior to the final approval, the applicant shall demonstrate that the existing building meets the building code requirements where attached units are located on two separate lots. 10. Recreation Tract. KCC 21A.14.180 At a minimum a 1,360 square feet recreation tract shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). A. A detailed recreation space plan (i.e., landscaping in accordance with 21A.16, equipment specs, fencing, etc.) with appropriate fees shall be submitted for review and approval by DOES prior to or concurrent with the submittal of the final plat documents. This plan shall include location, area calculations, dimensions, and finish grade. B. A performance bond for recreation space improvements shall be posted prior to recording of the p!at. C. A homeowner's association or other workable organization shall be established to the satisfaction of DOES which provides for the ownership and continued maintenance of the recreation tract. Benso:1 Heights Short Plat L08S0007 11. Street Trees (KCC 21A.16) -Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): A. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. B. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 2007 King County Road Design and Construction Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. C. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. D. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. E. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at 684-1622 to determine if 1081h Avenue SE and SE 1701h Street are on a bus route. If either is on a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within two year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for two years. After two years, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 12. Road Mitigation Payment System The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording. If this option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS) have been paid." Or B. Pay the MPS fee at the time of building permit issuance. If this option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. Benson Heights Short Plat L08SG007 Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated by circumstances. B. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Parties and Persons of Interest: BOTTHEIM STEVE SUPERVISOR, CPLN LUSD MS OAK DE 0100 CLAUSSEN KIM PPMIII, CPLN LUSD MS OAK DE 0100 CRUZ ARIEL, 3318 30TH AVE SE #8506 SEATTLE WA 98126 DEHKORDI FERESHTEH PPMII, CPLN LUSD MS OAK DE 0100 DIFRANCESCO LEONDARD, 105 HARVARD AVE E #106 SEATTLE WA 98106 FGMU/DDES FOLLMER MARK PRELIM REVIEW ENGR, ERS LUSD MS OAK DE 0100 FOSTER CURT SR ENGR, ERS LUSD MS OAK D3 0100 GREENE LYNDA A, 10824 SE 170TH ST B206 RENTON WA 98055 HENOCH LANNY PPMIII, CPLN LUSD MS OAK DE 0100 LYON ROBERT B, 10817 SE 170TH ST RENTON WA 98055 TENG NGY, 17003 -105TH AVE SE RENTON WA 98055 TOWNSEND STEVE SUPERVISOR, LUIS/LUSD WHITING KELLY KC DOT, ROAD SVC DIV MS OAK DE 0100 Benson Heights Short Plat L08S0007 RIGHT TO APPEAL This action may be appealed in writing to the King County Hearing Examiner, with a fee of $250 (check payable to King County Office of Finance). As required by KCC 20.20.090 and 20.24.090, the appeal period shall be fourteen (14) calendar days and shall commence on the third day after the notice of decision is mailed. Filing an appeal requires actual delivery to the King County Land Use Services Division prior to the close of business (4:30 p.m.) on ( to be determined by the City). Prior mailing is not sufficient if actual receipt by the Division does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Division is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a timely Notice of Appeal has been filed, the appellant shall file a statement of appeal within a 21-day calendar period commencing three days after the notice of decision is mailed. The statement of appeal shall identify the decision being appealed (including file number) and the alleged errors in that decision. The statement of appeal shall state: 1 ) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or issues raised in the statement of appeal. Failure to timely file a notice of appeal, appeal fee, or statement of appeal deprives the Examiner of jurisdiction to consider the appeal. Appeals must be submitted to the Department of Development and Environmental Services, addressed as follows: LAND USE APPEAL Land Use Services Division Department of Development and Environmental Services BlackRiver Corporate Park 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Any party may make a request for a pre-hearing conference. 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I -t f-LL z 0 w ~ :r: w u (9 <:( -<( f-(L f- <:( " DRAFT NOTICE OF DECISION File No.: LOSS0007 File Name: Benson Heights Short Plat Applicant: Consultant: City Contact: Project Location: Project Description: Permits Requested: Zoning: Drainage Basin: Ariel Cruz 3318 30'" Avenue SW #8506 Seattle, WA 98126 LD Engineering, LLC Leonard DiFrancesco 105 Harvard Avenue E #106 Seattle, WA 98102 Telephone No. Email: 108 SE 1701" Street, Renton Subdivision of a .39-acre parcel into 5 duplex lots, ranging in size from approximately 2,500 square feet to 3,400 square feet in size with an active recreation area. Short Subdivision R-18 Black River Department Decision: Approve with Conditions SEPA Threshold Determination: N/A Appeal Deadline: Appeal Procedure: You also have the right to appeal this decision in writing to the ___________ . In order to appeal, a party must file: 1. A notice of appeal and a $ non-refundable filing fee (payable to the ) must be received in our office by 4:30 p.m., The notice of appeal must include the decision and/or determination being appealed. 2. A statement of appeal must be received in our offices by 4:30 p.m., , which includes: A. The errors contained in that decision and/or determination; B. Specific reasons why the decision and/or determination should be reversed or modified. C. The harm suffered or anticipated by the party; and D. The relief sought. Appeals must be submitted to the at the following address: The scope of an appeal shall be based on matters or issues raised in the Statement of Appeal. Failure to timely file a Notice of Appeal, appeal fee or Statement of Appeal, deprives the Hearing Examiner of jurisdiction to consider the appeal. The Hearing Examiner does not have the authority to extend the time period unless the Division is not open on the specified date, in which event delivery prior to 4:30 p.m. on the next business day is sufficient to meet the filing requirement. Date of Mailing: If you have any questions regarding the appeal procedures. please contact the Project Manager at the phone number or e-mail listed above. If you require this material in Braille, audiocassette or large print, call (phone) or (TTY). ______ has made a decision on an application for a development proposal on property at the address listed above. You are receiving notice of this decision because our records indicate that you own property within approximately 500 feet or because you requested to receive notice of the decision. Permit Application Information -DDES, King County Washington tQ King County Home Etmlll &146[445 Comments Search --DOES Homepage Online Permit Detail Permit Information: Project No: L08S0007 Permit Type: PRE-SP Sub-Type: PRE-SP Title: BENSON HEIGHTS 2 .-------Status: PENDING Description: Subdivide 17,181 SF Parcel, Zoned R-18, into 3 Lot Multi-Family Short Plat Applied/Opened: 02/05/2008 Contact Information: Applicant: CRUZ ARIEL Address: 3318 30TH AVE SE #B506 SEATTLE WA 98126 Assigned Staff: FDEH MFOL Site Information: No. Lots: 2 Location & RN Juris.: Community Plan: SOOS CREEK Comp Plan: URBAN RES >12/AC Owner: DIFRANCESCO LEONARD Parcel No: 29230!:i9026JLink to Parcel Viewer Map) Link to: Parcel Reports Related Parcel/Permit Activity: List all activities attached to this J>roject L08S0007 Qther Eroject$/Actions attachgd to this parcel List Date: July 28, 2008 . ---------------------·····------------- King County I Permit AmJJLcatiQnsReport E11gine I bl~\/\'§ I Services I Comments I Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County Web pages, you expressly agree to be bound by terms and conditions of the site. The details. '!7 r'AC DYvCS ~ j10" 11) LAS 1 LAc;·ua /lvJ 0a1 1 \/t,1 V\ f&vve d . . J--1 M rv1 i~ 7 http://apps0l.metrokc.gov/www6/ddes/scripts/pcrmdetail.cfm?permit_ no~L08S0007 Page I of I 07/28/2008 • LD Engineering, LLC Land Development & Geotechnical Services 105 Harvard Ave E, Suite 106, Seattle, WA 98102 Ph. (206) 412-6660 June 25, 2008 King County Department of Develo11mcnl and L!nvironrnental Services Attn: Fereshtch Dehkordi, Current l'lan11111g Section Land Use Services Division 900 Oakesdale Avenue Southwest Renton. Washington 98057-5212 Fax (206) 709-7776 Email : lend@hotmall.com ID) I :i ,1"i ; : ;ui \\'7 1.:i r ro~·-\ lru c::J \:'] L'::c ' I ' .=i ~ JUN 2 5 2008 KING COUNTY RE: Response to "Notice of Request l(,r ,\dd111011al lnl(~rnal1011 or Studies, KC File L08S0007 Benson Heights Short Plat'" Date Filed: 2/12/08 Date of Completed Application: Fcbrnarv 20. 2008 Dear Ms. Dehkordi: ~ . ,, ~-,, ... •! \\ .. I -' . .' _.; • , [lti-b ... ·,. I \JI ~ -~ .. -' We arc pleased to respond to the abmc rdcrcnced comment letter dated May 1, 2008. Our responses are enumerated per this lc11cr and appear in hold type as follows: / Drainage: 1. A IO-foot wide drainage easen1cnt is shown along the property line between lots 2 and 3. The drainage easement must be relocated to be on one property only. Please revise the site plan to show fhe private easement along on,.; lot. I. The drainage easement (running north-south between Lots 2 & 3) has been removed from the plans since it is not needed. Instead of passing the upstream (offsite) drainage from the SE l 7U'" Street shoulder through the site, it will be roulcd directly to the existi1,g pui.Jlic storm system on the north side of SE 170'" Street via new grades and drainage system. See Sheet C3 for the drainage plan. 2. The proposal is to repbcc the c,i:,ling 18-incb diametec pipe with an 8-inch diameter pipe with discharge at the cxistin~ location near the south property line. You may consider routing this pipe into the new catch basin w be installed along the south curb line of Southeast 170 Street and c I im i natc construction of a pipe within a private easement between the two proposed lots. 2. Detailed in the previous response, the : 8-inch pipe will be abandoned. Drainage will be to the slrcl'I sys:cm. 3. There is an existing French drain thal discharges near the south property line of new Lot 3. Please provide a letter of" if intent li"rnn the property owner of tax Lot 9028 directly south of the site to allow for canst, ucuo11 ol thic outlet pipe, rockery and any assoc~1p,NNI\.\G re-grading offhe dramage swalc. l'k,,sc add a note indicating that the ex1GW-1l~~,s~0i: drain pipe discharging near the 011tlc1 of"t11c 18"-,!,arncter will be rerouted. ~ ,., , . ~ JU\... ~v ' , 3. Neither outlet pipe nor rockery is proposed anymore. No grading is proposed on Lot 9028 to Ille south. Grading onsite will be limited to shortening the existing '""i,· onsite, portions of which are no longer needed due to the removal of the existing 18"-diamtcr pipe. An onsite portion of the 4" French drain from Lot 'I 1-14 lo the east will lengthened and shifted to the south, approximately 7 fee,, discharging to the existing ditch centerline which will remain unaltered al I he discharge point. See Sheet C3 for the revised grading and drainage plan. 4. Please add a note on the concq1lll:d drainage plan indicating the area around Drain 1 to be sloped to drain. 4. The note, "SLOPE AREA TO URAIN IN THE VICINITY OF AREA DRAIN #1" has been added to Sheet CJ. Road, 2007 KCRS: A sidewalk ramp is required at th,; c.:;t end of the sidewalk including an asphalt taper from the end of the ramp to the C.\ is1i11g cdµc ol"the pavement Please refer to KCRS Drawing 3-l 4. Please revise the c, ll1Ccpt11:1 l drainage and road plan to show this. The sidewalk concrete ramp per KCRS Drawing 3-014 & 10:1 asphalt taper have been added to the plans and arc shown on Sheet C3 in plan view. The ramp detail has been added Io I he Dl'lail Sheet CS. Recreation Area: Based on R-l 8 density, 8 dwell in,• units may be created. The minimum density for this site will be 6 dwelling units. Ple,u· idcnli 1,, ulti,mtely how many dwelling units (including the existing) will be b11i It II ith the completed project. Based on the number of units, please provide sufficient re ·rc,11:011 :1rca ( I 70 sf pa du). You may consider providing 1,360 square feet ofrcn,'ation space for 8 dwelling units that can be placed on the site. The project will have 8 total units (2 existing, 6 proposed). The recreation space has been increased to 1,360 sf.,, '1ich is based on 8 total units. Site Plan Sheet Cl has been updated to include lill' unit information and the adjusted recreation area. Please find included in this submittai. a rnpy "1· the original KC notice ofrequest letter and six copies of the revised plans for your r,·1 1. 11·. Sincerely, LD Engineering, LLC Principal ./ . ,' ,,_,,,,,~.: Leonard Difrancesco, M.S., P.E. • ti King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TIY 206-296-7217 . , i ,;,, ,'...,.,\.;.·.· , ,,., \ .. u Web date: 11 /2812007 SUBD ___ SION DENSITY & DIMENSION CALCULATIONS For alternate formats. call 206-296-6600. File Number (To be filled in by DOES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre-application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre-application conference. Worksheet Prepared By: Leonard DiFrancesco Date: 02/02/08 -=c.=..c=-cc..=c.cc..c..c~=-=-=-c~~---------( Print Name J Subdivision Name: Benson Heights Short Plat 2 Comprehensive Plan Land Use Designation: um ---------------------- Zoning: -"'R'-------~---18 If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C. 21A 12.200. PLEASE COMPLETE ONLY THE APPLICABLE PORTIONS OF THIS FORM I. Site Area (K.C.C. 21A'.06.1172) also see (K.C.C. 21A.12.080): Site area (in square feet) is the TOTAL horizontal area of the project site. 080202 cruz SubdivDensityOimensionCalcFORM lc-cal-subden.pdf 11/28/2007 Calculation: -----'-1-'--71'--'8c.c1_ Gross horizontal area of the project site 17181 Site area in square feet ------- NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 0.394 Site area in acres -------''-'=~ NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) II. Base Density (K.C.C. 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. 18 du/acre ------ Ill. Allowable Dwelling Units and Rounding (K.C.C. 21A.12.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 -.040 tables). ---~o.c.c.3cc94~ site area in acres (see Section 1.) X 18 base density (see Section II) = 7 allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E).) IV. Required On-site Recreation Space (K.C.C. 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.C. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 90 square feet X 170 square feet X 170 square feet X ____ proposed number of studio and one bedroom units ----proposed number of two bedroom units + 7 proposed number of three or more bedroom units + ----0 Recreation space requirement = 1190 080202 cruz SubdivOensityDimensionCalcFORM lc-cal-subden.pdf 11/28/2007 Page 2 of6 Required On-site Recreation Space Con/" Residential subdivisions, townhouses and apartments developed at a dens1,)' of eight units or less per acre must provide recreational space as follows: 390 square feet X ------proposed number of units = Mobile home parks shall provide recreational space as follows: 260 square feet X proposed number of units ------= V. Net Buildable Area (K.C.C. 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section I} less the following areas: 1951 areas within a project site which are required to be dedicated for public rights-of-way in ---~- excess of sixty (60') of width + 0 critical areas and their buffers, to the extent they are required by King County to -----'-remain undeveloped O areas required for above ground stormwater control facilities including, but not limited to, -----+ retention/detention ponds, biofiltration swales and setbacks from such ponds and swales 1190 areas required by King County to be dedicated or reserved as on-site recreation areas. ---~-+ Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C 21A.14.180 (see Section IV) + ____ o_ regional utility corridors, and other areas, excluding setbacks, required by King County to remain undeveloped -----+ = 3141 Total reductions Calculation: 17181 site area in square feet (see Section1) ------ 3141 Total reductions -----'='-'- = 14040 Net buildable area in square feet NOTE: convert site area is square feet to ----'-==-acres by dividing by 43,560 0.3223 Net buildable area in acres ----"-"==-= VI. Minimum Urban Residential Density (K.C.C. 21A.12.060): The minimum density requirement applies only to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density requirements may be phased or waived by King County in certain cases. (See K.C.C. 21A 12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(8)12.) Calculation: ____ 1_8_ base density in du/ac (see Section II) X 0.3223 Net buildable area in acres (see Section VJ = ____ .7_5_ X minimum density% set forth in K.C.C. 21A.12.030 or as adjusted in Section VII 4 minimum dwelling units required -----= 080202 cruz SubdivOensityDimensionCalcFORM lc-cal-subden.pdf 11/28/2007 Page 3 of 6 VII. Minimum Density Adjust__ ~ its for Moderate Slopes (K.C.C. 21 •• 087): Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: -----sq. ft 0-5% slope increment X 2.5% median slope value= + sq. ft 5-10% slope increment X 7.5% median slope value= -----+ ------sq. ft 10-15% slope increment X 12.5% median slope value= -----+ + ------+ sq. ft 15-20% slope increment X 17.5% median slope value= -----+ ------+ sq. ft 20-25% slope increment X 22.5% median slope value= -----+ ------ sq. ft 25-30% slope increment X 27.5% median slope value = -----+ + ------ sq. ft 30-35% slope increment X 32.5% median slope value= -----+ + ------ + sq. ft 35-40% slope increment X 37.5% median slope value= -----+ Total square feet ------Total square feet -----in net buildable area adjusted for slope Calculation: -----total square feet adjusted for slope divided by total square feet in net buildable area = -----weighted average slope of net buildable area = _____ % (Note: multiply by 100 to convert to percent-round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Area(s) of Site: 0% -less than 5% 85% 5% -less than 15% 83%, less 1.5% each 1% of average slope in excess of 5% 15% -less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: + + + + + + + = = -----sq. ft 0-5% slope increment X 2.5% median slope value= 10,000 --~--sq. ft 5-10% slope increment X 7.5% median slope value= 20,000 --~~-sq. ft 10-15% slope increment X 12.5% median slope value= _____ sq. ft 15-20% slope incrementX 17.5% median slope value= _____ sq. ft 20-25% slope increment X 22.5% median slope value = -----sq. ft 25-30% slope increment X 27.5% median slope value= -----sq. ft 30-35% slope increment X 32.5% median slope value= sq. ft. 35-40% slope increment X 37.5 % median slope value= 30,000 --~--Total square feet in net buildable area 750 + 2,500 + _____ + + -----+ ----- + ----- + -----3,250 Total square feet adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area .108333 Weighted average slope of net buildable area ____ 1_1 °_Yo_ (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Using the table above, an 11 % weighted average slope of net build able area falls within the 5% -less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1% of average slope in excess of 5%. Since 11 % is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12.030 table. 080202 cruz SubdivOensityDimensionCalcFORM 1c-cal-subden.pdf 11128/2007 Page 4 of6 VIII. Maximum Dwelling Un Allowed (K.C.C. 21A.12.030 -.o, This section should be completed only if the proposal includes application of residential density incentives (K.C.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section Ill of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. -----base density in dwelling units per acre see (Section II) X 150% = maximum density -----maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) _____ base density in dwelling units per acre (see Section II) X 200% = maximum density _____ maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (KC.C. 21A.34) _____ base density in dwelling units per acre (see Section II) X 150% = maximum density -----maximum density in dwelling units per acre X site area in acres = maximum dwelling units allowed utilizing density transfers (KC.C. 21A.37) Calculation: + + ------base allowable dwelling units calculated in Section Ill ------bonus units authorized by K.C.C. 21A.34 ------transfer units authorized by KC.C. 21A.37 ------total dwelling units (cannot exceed maximum calculated above) IX. Minimum Lot Area For Construction ( K. C. C. 21A.12.100): Except as provided for nonconfonmances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be penmitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero-lot-line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.100) 080202 cruz SubdivDensityOimensionCalcFORM lc-cal-subden.pdf 11/28/2007 Page 5 of6 X. Lot Width (K.C.C. 21A.12.u..,O(B)): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). I I I 30 Feet ·-·-·-·-·-·-·-·-·-· Lot Width Measurement \ Lot Width Circle I I I I I I I ·-·-·-·-·-·- Check out the DDES Web site at www.kingcounty.gov/permits 080202 cruz SubdivDensityDimensionCalcFORM lc-cal-subden.pdf 11/28/2007 Page 6016 ., King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98057-5212 TO: Mark Follmer, PE Engineering Review RE: Cruz Short Plat File No. L08S0007 Dear Mark: March 18, 2008 Leonard Difrancesco (Plat Engineer) came to talk to me on March 17, 2008 and proposed a tight line to my footing drain for property drainage. At that time I mentioned to him that a tight line would not collect all the necessary drainage. I have drawn up a plan to collect this drainage (shown on attached drawing), which includes 65 feet of 4 inch perforated pipe with drainage rock. As there is no information as to who is responsible to maintain the drainage outlet to private property.(South property line between Lots 2&3) which would include the right to enter the property, the cutting of heavy grass, and the removal a considerable volume of maple leaves each fall (see plans for location of five maple trees). I am requesting that the proposed drainage on S.E. 1701h Street be extended to the east property line of Short Plat with a catch basin, and that my drain enter the drainage system at the right-of-way on S.E. 1701h Street. Please give me a call to schedule a meeting to review and discuss any of the issues addressed in this letter. · cc: Leonard Difrancesco Thank u /~,~~ obert B. Lyon I 0817 S.E. 170'h St. Renton, Washington 98055 Ph# 425-255-0395 I -:-r- V; I TT! ::·; '".:.... .µ ~ ! IE ', .•. ' ..;:i. ·., ' ' ' 2,734 SF ~ ~,1~,t,,; • .A.DJusr Ex uo· ~ , .. ~ .... ·· ·rr, G"' · o·-4''·' O+ ~ ...:c; ·. ·-,!::' ,. , .• ~ r_ _ __ . _ o .. ., cni It. 418}37 a· (E,5) ~-.:' I}---"' ,__ l ·<.,. l: , •. , ,· -------...... ,: . ' 8" Pt: @o.56~ _..:....-- LOT 3 .., .., I 7- '"G .... -,..:;:. _ ... -~42I~ -. I ii,~. (~,;.~_ >'-= lS ;_ t;sTuB-OUT, TYP SEE <.;.. ~ ~-1.,.-: 'C '; :'3 e:_ "ROOF DOWNSPOUT" .; :: i' DETAIL ~ .··~ -~-l--t' =si--~ 27.73LF 12" PE@0.50% ~ -=-~ z---< ,, "]· z.s'-'4" pyt:_; cc-J-.J.Q:n c,J tllaA1 i,J 1'1PE ~STlN{, ~; :~·; ~,\ v, .~ .. Asf,,w.r ~p EJ.:re,,/S/ON 4'' P.v,c. ~ew~ ~0Ns1•1.£ f'o~ ~"""1.,-Pfl.\\11:\A)P.,y H~ :-;· m:' • 2\ __,.J '-' / -u ·. ' -'-0 / rr, "' of.~\.: m,.-,·~ ...... ' ..._ ;~'!-i -~ ~ ,.. ' .,_ I G) ..•. ;u.'"!1 ;;,~ ,,,_ i r-. . ' £:Jji <1 'i! &, "' ~ u;.' !'-./ . :j -~> .:.,:..:i ·1 ~ ti~ :-.1 <D -~ ; / ~-, . ~ ! • I /. ! / ,::;-: ''t°! '~ j!'<.~ I;:; '·-"\.."> .... Ii ' ._~ ... ::":>,, ·,y •'7 l ,, 109TH Pl SE ---- I!! 0 0 I!! 5'~ g. % \ ' Buying? Selling? Leasing? Award Winning Full Service Real Estate Residential Commercial Retail Office Warehouse Land Investments Syndication Bus iness Opportunities Notary Service -- "/ work for you." dalemyers 206.794.7255 DaleMyers@comcastnet www.DaleWMyers.com ,9ohn !..Scoff ® REAL ESTATE KMS l'l'tl.'1\r.11 20632 108th Ave. SE, Kent, WA 98031 This office independently owned and operated "/ work for you." dale myers Over 35 years of Real Estate Experience Experienced. Recognized. Real Estate. Over 35 years in real estate sales, property management, real estate sales management and training . Previously owned and operated a real estate brokerage company in the Puget Sound area . Specializing in residential listings and sales, as well as investments, 1031 exchanges, business opportunities, commercial properties and land sales. Past President and Director of the Real Estate Multiple Inc, known today as the NWMLS . Past President and Director of the Commercial Brokers Association (CBA). Designations Notary Public Graduate of Realtors Institute (GRI) Certificate in Real Estate Affiliations Northwest Multiple listing Service (NWMLS) 1 Commercial Brokers Association (CBA) National Association of Realtors (NARJ Washington Association of Realtors lWAR) Seattle King County Realtors {SCKfO National Association l)f HJspanlc Real Estate Professionals CNAHREP) Associate member of Seattle Master 8utin Association (SM~ seattle magazine August 3 , 2012 Da le Mye rs J ohn L. Sco tt Rea l Estate 20632 108th Ave . SE Kent, WA 98031 Award Notification We are p leased to inform you that yo u hav e been selected as a 2012 Five Star Real Estate Age n t. Seatt le Magazine partnered with Five Star Professional to identify the real estate agents in the Seattle area who provide exceptio nal service and overall satisfaction as in dicated by clients, peers a nd industry experts. The 2012 Five Sta r award win ners is a select grou p o f fewer than 7 percent of real estate agents in the Seattle area . The 2012 list of F ive Star Real Estate Agents , including your name and company, will appear in a special advertisin g section in t he December issue of Sea ttle Magazine. You can learn more, including a detailed explanation of the research process , at fivestarprofessional.com or contact Five Star Professional at 1-888-438-5782 . Congratulations and thank you, {!LL 4/'~ Charlie Wesse r Ma naging Part ner Five Sta r Professional Research that Recognizes Outstan ding Servic e Professionals Five Star Pro fe ssional 2117 Cliff Drive • Eagan, MN 55122 • www.fivestarprof es sional.com