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HomeMy WebLinkAboutLUA08-0033_Misc• DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • MEMORANDUM DATE: July 3, 2012 TO: All Reviewing Departments FROM: SUBJECT: Rocale Timmons, Planning Division Wehrman Plat, LUA09-02S, PP, MOD Attached you will find the following documents: • Revised Project Narrative • Revised Critical Area report • Preliminary Plat Plan • Grading Plan • Grading profiles • Drainage Control Plan • Landscape Plan • Tree Retention Plan • Wetland Assessment Plan • Drainage Report Police. Changes were made to the approved plat in order to redesign the stormwater pond and lot/road layout. Please review these plans and provide comments by July 17, 2012. Feel free to let me know if you have any questions, ext. 7219. 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'· I( I ~-,1 ..,.. . ·" \ ' \ \~ \\, I • ',I~ 11,1, -.rilml'l'l!Cfl --' i L"" •' ·'1;_ II 1 ~ 111 I; I Iii Iii : I 11 "' "' ~~~ ~ !f-1 ! ~ ... -I. li:I ~~~~ 1~~§ J p 1, q q I l !l l I -11 ~ C > !I h~~ I •so t ~~H 1! .?:. '~ .• ~~\ % • ! i.,, , .... , i'"-\1, 'ii·. " ESTMA'JW ROIJQH QRAPINQ OIJANTIJlEB CIJIS:WOO-,... ...,,,.""I ... ,.. ~ ... ~,.000 .. ,... l ! I! ' NII /Ulfa;;}-1 ~o f'OW•'l•1' .... ,uv-., .... PROFILE AND CROSS SECTIONS 1DJg@g~Wg[Q) m '";·: ;,,:;,oo m« 500 ,I, ~ I~ 490 111 I "" 470 ~-~ ,11 u > <J 460 4"0 440 430 420 410 400 ,! ,! cl 1HOO ~Rio ~ SE 1881"1 STREET Al'O NEW ROAD PROA..E 460 .i 450 ,~, 440 j: -I =• 430 ,_ r'"n ~ 420 __ / ''""'"'" 410 400 "" 380 @ ~E~TlON A A ...... . -· , .... _ ~-"-·" '"""'''-~.~,-,,.-,,,., .. ~-» ., ""' ·--""''"'""---·"'"'""'""""· _________ -. ------- - i~ ,Joo -' -- ,, '""""""'"""'' . '11tli"W 1l '"'°° __ .,_ .. -~./ "'- if ,, 15+00 460 450 440 430 :-~·~ .. , ,, ! 400 ·· .. '. . \J. i 420 410 , i. 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' ' ' lRNTY LAN) DEYB..OPt.iENT 310 -29TH S1lEET rE PUYALLUP, WA 98373 CONTACT: ctftB AUSTN ' ' I I -. -- PFEl.MWIV TFIACT "A' PAFI( I..AIOSCAPE PLAN "'U )> :D ;,<; ~ z 0 ~ "'U m "'U ~ z ,• U >uv.,_,. .. ~ " ,,. .. .. H12B BUREAU VER ITAS March 23, 2006 Earth Consultants, Inc. Geotechnical Services Department Mr. Chris Austin Trinity Land Development 310 29th Street Northeast Puyallup, Washington 98372 RESPONSES TO CORRECTION NOTICE WEHRMAN PROPERTY ']',:= 'C ,,:, I . ---, ,, SOUTHEAST 188TH STREET NEAR 120TH AVENUE SOUTHEAST KING COUNTY, WASHINGTON ECI Project No. E-11278 References: Earth Consultants, Inc. Geotechnical Engineering Study E-11278, dated October 22, 2006 King County Department of Development and Environmental Services Notice of Request for Additional Information or Studies Dated February 9, 2006 Dear Mr. Austin: ' ,., -·-, I _;., As requested, Earth Consultants, Inc. (ECI) is pleased to present this letter responding to the review comments of King County Department of Development and Environmental Services (DOES). We previously prepared the referenced geotechnical engineering study for this project and have been providing consultation services during design. The purpose of this addendum is to respond to the ODES review comments presented in their referenced letter. The geotechnically related comments of the DOES are presented below in italics. Our responses follow. E,u-th Consultants, Inc. A Ou,v411 Vnfou C°'"P""Y M2i1}: (425) 643-.1780 F-.u: (415) 7-4(,-08(,0 11«)5 T36th Pl:it'.~, N.£., Suite 101 lkllcvuc, WA 9.11005 I Trinity Land Development March 23, 2006 Wehrman Properly E-11278 It would appear that a 2:1 slope occurs In dense sandy so/ls where standing water occurring could result in deteriorating of the slope and/or the wall. Please review this situation and provide a narrative. The Tract 8 detention pond will require an excavation of up to 15 feet deep. The pond will be excavated with 2H:1V (Horizontal:Vertical) side slopes. Portions of the pond will include mechanically stabilized earth walls. Based on the conditions encountered at our previous test pit locations, the soils that will be encountered in the pond excavation will consist of recessional outwash comprised of medium dense to dense silty sand with gravel. In our opinion, the pond can be constructed generally as planned. However, the recessional outwash comprising the pond side slopes will be slightly susceptible to erosion. In order to mitigate the potential for erosion, we recommend compacting the side slopes of the pond excavation in place to at least 95 percent of maximum dry density in accordance with ASTM D-1557 (Modified Proctor). We also recommend using a jute erosion control fabric to help maintain the stability of the side slopes until vegetation becomes established. We appreciate this opportunity to have been of continued service to you. If you have any questions, or if we can be of further assistance, please call. Respectfully submitted, EARTH CONSULTANTS, INC. Scott Dinkelman Scott D. Dinkelman, LEG Principal SDDl!ap cc: Barghausen Consulting Engineers, Inc. Attention: Ms. Ivana Halvorsen Earth Consultant.o, Inc. A B= Vuitar Company Pag~2 c .... ~L:. A~r::sfu... ~\:-\- '~tO IJ.....,.. Q. KC't<::> L. Ac CS, ~ L~~~.e.,. f'o~ c~~ o('C(G ~,#1J '("b~ + ~ Sae>~ lbc:,. ~"::> -~-cz-~: t.b ~.) b uf- ~~ le& ~~ ~ ~ ... ~~~~ ~-.l\ c.~~-C+L ~c ... \.(; ~ b c:s:::;\-.....::. c:,....:. t cL ~~ ( ~s \o ~ ~) Luo-.:-\~ k ~--\.,-.s\:., ~ ... -~~ "-">II"~ Cc~ --b ow~~"' --e/w 'i b .... u. ~ >-1:>~ o.J..~ ~ <l~r\~ • • Road Services Division Department of Transportation KSC-TR-0231 201 South Jackson Street Seattle, WA 98104-3856 May 30, 2008 De-En Lang 10658 Riviera Place NE Seattle, WA 98125 RE: Road Variance L08V0033 -Wehrman Subdivision Dear Mr. Lang: Thank you for your application for a variance from the 1993 King County Road Standards (KCRS). You requested a variance from Section 3.01 concerning the number of lots accessing a joint use driveway (JUD). You propose four JUDs, each of which would serve four lots. Section 3.01 of the KCRS limits a JUD to two lots. We reviewed your proposal and decided that it is not in the public interest to allow four lots on a JUD. The Public Rule on Procedures for Requesting Variances from the KCRS (PUT 10-2) stipulates that a variance must produce a compensating or comparable result which is in the public interest. Your proposal is for four lots on a JUD, where the KCRS allows two, and therefore it fails to meet the criteria in the Public Rule. Specifically, the proposal does not produce a compensating or comparable result. I respectfully deny the request for four lots on a JUD. I suggest a private access tract (PAT) design that meets the KCRS. A PAT design meeting the 2007 King County Road Design and Construction Standards would also be acceptable. This decision applies only to 1993 King County Road Standards identified in the variance request. All design requirements in the KCRS and other regulations, such as surface water management and zoning, must be satisfied for a land use permit application. The applicant retains the rights and privileges afforded by King County Code and adopted Public Rules pertaining to road variance processing (KCC 14.42, PUT 10-2). Per Section 6.7 of the Public Rule, variance appeals must be made to the Director of the Department of Transportation within thirty days of this variance decision. De-En Lang May 30, 2008 Page 2 • A copy of staffs analysis, findings, and conclusions is enclosed. If you have any questions, please call Craig Comfort, Road Variance Engineer, Traffic Engineering Section, at 206-263-6109. Sincerely, ~N~~ Paulette Norman, P.E. County Road Engineer Enclosure cc: James Sanders, P.E., Development Engineer, Land Use Services Division (LUSD), Department of Development and Environmental Services (DDES) Pete Dye, P.E., Senior Engineer, LUSD, ODES Linda Dougherty, Division Director, Road Services Division (RSD), Department of Transportation (DOT) Matthew Nolan, P.E., County Traffic Engineer, Traffic Engineering Section (TES), RSD,DOT Fatin Kara, P.E., Supervising Engineer, TES, RSD, DOT Kris Langley, Senior Engineer, TES, RSD, DOT Craig Comfort, P.E., Road Variance Engineer, TES, RSD, DOT tQ King County King County • Road Services Division Department of Transportation Traffic Engineering Section KSC-TR-0222 201 South Jackson Street Seattle, WA 98104-3856 May 30, 2008 TO: Variance File FM: Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section RE: Road Variance L08V0033 Wehrman Subdivision-Related File L04P0027 Applicant's Presentation: I. The Wehrman Plat is proposed for 30 lots and is located east of the terminus of SE 188th Street and north of the terminus of 124th Avenue SE. The preliminary plat ofFleuve des Voiles is located directly to the south. A variance is requested to allow up to four lots on a joint use driveway (JUD). 2. The 30-percent slopes on the west side of the road make access designs most difficult. The four JUDs that are proposed on the west side of 122nd Avenue SE would provide access to four lots each. The design of the JUDs is consistent with Section 2.09.B of the 2007 King County Road Design and Construction Standards (KCRDCS) which allows private access tracts (PA Ts) to serve six lots with 18 feet of paving. The variance will provide for superior road alignment, reduces cuts and fills, reduces the number of access points off I 22nd Avenue SE, reduces on-street parking, and provides better connection to undeveloped properties to the north. Staffs Findings and Conclusions: I. Section 3.01.C.3 of the 2007 KCRDCS allows two parcels to serve a JUD. The KCRDCS stipulates that a variance is to be judged on the likelihood that such variance will produce a compensating or comparable result, in every way safe and adequate for the public. Your variance submittal has not demonstrated that the proposal is either compensating or comparable. The proposal for four lots is not comparable to the two lots allowed on a JUD. There are other designs, such as private access tracts, that could be utilized to meet the KCRDCS. ti KingCounty Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296 6600 TTY 206-296-n17 Project Name: WEHRMAN SUBDIVISION Project Address and Parcel Number: • 121xx SE 188"' St, 6199000101 & 3323059010 Applicant/Design Engineer Name: De-En Lang Address: 10658 Riviera PL NE City, State, ZIP: Seattle, WA 98125 Web Date: 1112712007 ROAD STANDARDS VARIANCE REQUEST TO THE COUNTY ROAD ENGINEER For alternate formats. call 206-296-6600. ODES File No.: L04P0027 Signature: Engin Firm Name: Lang Associates, Inc. Telephone: 206 306-8880 ODES Engineer lnttials: D Route Application to LUIS voo33 Date: 4/3/08 D Check here if project engineering plans are approved and construction has begun. INSTRUCTIONS TO APPLICANT/DESIGN ENGINEER: Please be sure to include all plans, sketches, photos and maps which may assist in complete review and consideration of your variance request. For a complete list of road variance submittal requirements, refer to separate list from DOES. Failure to provide all pertinent information may result in delayed processing or denial of request. Please submit this request and applicable fee to the Department of Development and Environmental Services (ODES) Permit Center a1 900 Oakesdale Ave. SW, Renton, WA 98057-5212. To make an appointment for permit submittal, please call 206-29EHl797. For more information, refer to the DOES Web site, www.kingcounty.gov/permits. I REFER TO SECTION 1.08 OF THE KING COUNTY ROAD STANDARDS FOR VARIANCES DESCRIPTION OF VARIANCE REQUEST: Allow 4 Joint Use Driveway Tracts (Tract D,E,F & G) to serve 4 single family lots each APPLICABLE SECTION(S) OF STANDARDS: KCRS (93) 3.01.C.3.a JUSTIFICATION (see attachments, pages to ): .. i L_)_.' Ir· I· ,! _.) APR D 4 2008 Consistent with 2007 KCRS 2.09.B which allows PAT with 18' paving in 20' tract to serve up to 6 dwelling units; enable the projecy to have superior road alignment than the original design; reduce cut & fill by approximately 50%; reduce the number of entry points and number of on street parking along 122 Ave SE; provide better connection to undeveloped properties to the north; also see enclosed pre-application meeting notes. AUTHORIZATION SIGNATURES· ODES STAFF RECOMMENDATION DEPARTMENT OF TRANSPORTATION AUTHORIZATION D Annroval D Conditioned Annroval D Denied County Design Engineer: Date Development Engineer/Designee: Date County Road Engineer: Date CONDITIONS OF APPROVAL: Check out the DDES Web site at www.kingcounty.gov/permits RoadStandardsVarReqToCoRoadEngrFORM le-rqu-rdvar.pdf 1112712007 4-• • Fleuve des Voiles (l04P0002} Wehrman Subdivision (l04P0027) Pre-application Meeting Summary To: Shannon Dorr. Bruce Whittaker, Kristen Langley, and Nick Gillen This email is a for-the-record follow up to our meeting at the DDES office on March 27, 2008 we discussed proposed modifications to the approved preliminary approvals for the Fleuve des Voiles plat (L04P0002) and the Wehrman plat (L04P0027). Both plats were vested prior to January 1, 2005. Those attending the meeting for DDES were Shannon Dorr (ODES Land Use Dept); Bruce Whittaker (DDES Engineering Dept) Kristen Langley (King County Dept of Transportation) and Nick Gillen (DOES Sensitive Areas Dept.). Also attending were Charles Spaeth, applicant for the Fleuve des Voiles plat; Marvin Wehrman, applicant for the Wehrman Plat; and De-En Lang, consultant to both Charles Spaeth and Marvin Wehrman. What follows are the issues discussed and the general consensuses arrived at Wehrman Plat Proposed Modifications: Modified Lot Layout: All present believed the new lot layout plan Wehrman Subdivision Final Lot Layout by D. Lang; 1/14/08 (Revised Layout)] is much superior to that shown on the Preliminary Plat approved 8/10/06, for several reasons: a) The Revised Layout creates better access for the as yet undeveloped property north of the Wehrman site. b) It will result in approximately fifty percent less cutting and filling. c) It would result in fewer entry points to 122nd St. SE, and; d) It will result in much less on-street parking on 122nd St SE, benefiting Fire Dept. access. Bruce stated that the Revised Layout would require a redesign of the site's drainage system, about which he could not comment until he can review the engineering plan. Revised Road Plan: Kristen Langley thought the Revised Plan was superior for reasons a. c, and d above. There was discussion about the number of lots that may be served by private access tracts (PATs) that the Revised Layout identifies as Tracts D, E, F and G. Each PAT on the Revised Layout serves four lots. While PATs serving four lots are allowable under current code, they were not allowable under the code in effect when the Wehrman Plat vested. Kristen suggested that Mr. Wehrman apply for a variance-requesting that the standards of the current code be applied to allow the use of Tracts D, E, F and Gas shown on the Revised Layout, using reasons a, c and d to justify such a variance. --; 1·;::;,, Ii I ! I APR O 4 2008 ~ -c· f(C LJIJ\:.,, • • Wetiands Buffer: It was explained to Nick Gillen that the Revised Plan would result in a modest encroachment of the Tract B access road onto the wetland buffer near the south end of the site. The Revised Plan makes the south end of the detention pond wider and more efficient Marv Wehrman suggested that additional buffer further north could be offered to compensate for loss of buffer at the south end. Nick said that buffer averaging plan would be acceptable, and also suggested enhancement of the buffer at the southeast corner of the site by planting native species. Fleuve des Voiles Plat proposed modifications: Modified Lot Layout Neither Shannon or Bruce saw any problems with the very modest hand-drawn lot line changes shown on the "Final Lot Layout by D. Lang (12/17/07)" (Revised Fleuve Lot Layout) that would modify the approved Fleuve des Voiles Preliminary Plat. SE 192nd / 124Ave. SE Intersection: It was explained to Kristen that the final design of the intersection. as per the conceptual intersection plan incorporated into the Preliminary Plat approval, was currently being reviewed by Linda Mott. Kristen said that as long as the final design was in accordance with the conceptual plan there would be no problem. Wetlands Buffer Mitigation: Charles Spaeth presented Nick with a copy of the "Critical Areas Mitigation Guidelines" seeking guidance on the applicable wetland buffer mitigation standards that should be used. Nick stated: "The Guidelines are just that-guidelines." and said he would simply review the mitigation plan the developer submits for its reasonableness in light of conditions in the field, i.e .. existing native vegetation, etc. Storm Runoff Outfall from 124th Ave. SE: Charles Spaeth described the proposed plan for draining and releasing storm water draining from the north leg of SE 124th Ave. Spaeth explained that his plan is to pipe the runoff east within the improved SE 192nd St. right of way to a point where grades and invert elevations dictate the water can be released. Spaeth asked if Bruce saw any problem with the water being released from the improved right of way through some sort of structure that would maintain the integrity of the road shoulder and be flush with the road surface so as not to present a traffic hazard. Water would flow north (out of such a structure) from the boundary of the improved right of way into the wetland. No disturbance of the wetland would result. Bruce said that was a conceptually workable design. Hitone Short Plat drainage easement into Fleuve des Voiles: Attached to the Revised Fleuve Lot Layout was a drawing illustrating how previously treated and detained storm water generated on the Hitone Short Plat site (west of and near the northwest corner of the Fleuve site) would be piped east onto the Fleuve site (approximately 130 feet east of the Hitone/Fleuve boundary) where it would be • • dispersed by a level spreader. The level spreader would remain in place until the Fleuve drainage system is constructed, whereupon the level spreader would be removed and the Hitone storm water would be incorporated into the Fleuve drainage system Spaeth confirmed that a drainage easement for the benefit of the Hitone project has been executed and recorded. Spaeth explained he granted the easement to accommodate the Hitone project. The Hitone project will be responsible for getting the design approved by ODES and installing the drainage pipe and level spreader. Bruce said what Spaeth explained was acceptable. If anyone present at the March 27th meeting believes that what is set forth above is not a reasonable representation of the issues discussed and the opinions expressed, please let me know by a return email. Respectfully submitted, Charles Spaeth 3/31/08 -KING COUNTY L08V0033 WEHRMAN P ZONING .t Schools/School Facilities N Ta,,nstip Unes 's-f-R .T ,,...",'QSLINES "/i./.SECUNES ~TWPLINES \ e N Stre&ts ......, Road Rlghts-<JI-Way r:=J Parcels Zoning _ A-10 -AQriwltural, one DU per 10 acres = A-35 -Agricultural, ono DU per 35 acres F -Fon>st M -Mineral RA-2.5 -Rural Atea. one DU per 5 acres RA-5 -Rural N88, one DU per 5 ac,es -RA-10 -Rural Aroa. one DU por 10 aaos UR -Urban Ros8NO, one DU per 5 acres R-1 -Residential, one DU per acn, R-4 -Residential, 4 DU per acre R-8 -Rosidential, 6 OU per aero R-8 -Rosidential, 8 DU per aae R-12 -Rosidanllal. 12 DU per acn, R-18 -Residential, 18 DU per acn, -R-24 -Residential, 24 DU per aae -R-48 -RosidOntial , 48 DU por aero I NB -Nalghborti<><>d Businaos • CB -CO<MU'lity Business 1:-,J RB -Regional Buo ineu •o-Offlce 1-lnduslrial KC D<tllO -2007 QCities 500 1'= 1000 foot 1000 Foot lQ King County 1M nfoonatlon induMd on NI map ta. bNn compi',ed by Klng Co.,,l'J' autlf trun • yat1e(y of~ and la ,~act to ct'lliV)gt 'MUlOUl notce. )(]r'G COl.ri~ maM• no ,.....,~ or 'lt'8fT'Wl1eS , express or ln'¥i~, a1 to th9 ~. corrc,le..,....., t.melinat, « ,vits t.o h UN d such lrlo,malk,n. King County lhal not ~ labl• for any _...----'"'·"'.,.,...._., .. - ~LL ~~~~~-:~=::' ---·-· • ~ ·--,.. · contained on tl'jg map. ArP/ aai. ct tnls map « lntOffNl'llon on ... _,, pn,Nblted-bl'-ponnlllon ol Kll'CI Co..<lty. Plot date: Apr 16, 2008: llddos001\x011gislav_dovlp(<ljacts\baSo2.apr L08V0033 WEHRMAN P 2007 PHOTO .. / \ / QSUNES 'A'/ / .. y. SECUNES N TWPLINES N streets KC Ortho • 2007 1"• 500 feet 400 Foot ~ King County The WonnatiQn lnducklld on this map has been oom.pjl6d by ~ Col..nty staff frtm 8 vwi4,ty of 80ll'OH and jg subject to change without notlQ!II. King Collity makes no ntpfesentations o, wamrnties, express°' lmplled, aa to the acct.r8CY, c:omp4etene,g.g, timellnNa, or ~ to the use r:I such intonnetkln. King Collity shall not be liable for arr; general, special, indirect, lncldantal, or conuquential damages nduclng, but not tlrri19d to, IOI! re'l9nUIN Of lost i;rofits re~ from lhe uae or misuse of 1he infonmr.k>n contalnad on lhis rMp. Any ~ of lhi1 map or lnfonnation on this map Ls prohi bit.:i ucept by wrttt.n perrnwon or~ County Plot date: N>r 16, 2008; \\ddes001\x01\gislav_dov\projectslbase2.apr T Live Search Maps e • · Page 1 of I For the best possible print results, click the printer icon on the Live Search Maps page . Business or location ... Search Maps ] I Web I http://maps.live.com/ 04/22/2008 L08V0033 WEHRMAN P 2007 PHOTO ' . ,' \ ,' QSUNES 'N.. SECLI NES N TWPLINES N Streets KC Ortho -2007 0 100 200 1·= 300 feet 300 Feet ti King County The informtltion induded on thla map has been compHed by ~ County staff from • vart.ty of eourCN and 11 allJ,!ect to CNlngll wl1hout notic:.. King Couity make• no Np-aanlalions orwat'Ta1'11iN,. NP"NS Of impUed, as to tM w:o..nq, c:ompet.en...., timellness, Of f9ltl to Ile UM CX auch lrlormaUon. King C<xnty shall not be llabie fot any general, special, lndnct, lnddantal, Of CORMqUential dMlagea Inducing, but not lrnilad to, lo&t Nwru.s or lost proffts reaLltlng 1rom the uaa or miauu ol the irtorma&n OOOO!inctd on this map. Anj sale ol tnla nwp or lrlforma!K>n on tNs map la prohibited axoapt by M'1t""1 pwmlulon ol ~ County. Plot date: Ap( 16, 2008; \\ddes001\x011gis\av_do""""iectslbase2.apr T - - • REPORT AND DECISION • • OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 August I 0, 2006 SUBJECT: Department of Development and Environmental Services File No. L04P0027 Proposed Ordinance No. 2006-0295 WEHRMAN SUBDIVISION Preliminary Plat Application Location: South of Southeast 188th Street, west of 124th Avenue South Applicant: Trinity Land Development Attn: Chris Austin 310 -29 Street Northeast Puyallup, Washington 98373 Telephone: (253) 845-2922 King County: Department of Development and Environmental Services, represented by Chad Tibbits 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-7194 Facsimile: (206) 296-7051 SUMMARY OF DECISION/RECOMMENDATIONS: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing Closed: Approve with conditions Approve with conditions Approve with conditions July 25, 2006 July 25, 2006 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. • • L04P0027-Wehrman Subdivision Page 2 of 12 FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Developer: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Trinity Land Development Attn. Clark McGowan 310-291h Street NE Puyallup, WA 98373 253-845-2922 Barghausen Consulting Engineers 18215-7200 Avenue South Kent, WA 98032 425-251-6222 33-23-05 South of SE 1881h Street and west of 124"' Avenue S. R-6 7.25 acres 30 Approximately 4.14 dwelling units per acre Approximately 3,%0 to 7,892 square feet in size Single Family Detached or Dually Attached Dwellings Soos Creek Water and Sewer District Soos Creek Water and Sewer District King County Fire District No. 40 Renton School District No. 403 Application completeness date: December 14, 2004 2. Except as modified herein, the facts set forth in the ODES reports to the Examiner and the ODES and King County Department of Transportation testimony are found to be correct and are incorporated herein by reference. 3. The subject property is a 7.25-acre, mostly rectangularly shaped parcel (a rectangle with small appendages in the northwest and southeast comers) located at the present easterly terminus of Southeast 1881h Street east of 1201h Avenue Southeast, generally in the Panther Lake area east of Renton and Kent and abutting the west boundary of Boulevard Lane Park north of Southeast 19200 Street. The site terrain generally is composed of an east-descending slope, dropping fairly steeply in the western portions and becoming more gradual in the eastern portions where the property descends into the Soos Creek drainage corridor. The eastern edge of the site contains a • • L04P0027-Wehnnan Subdivision Page 3 of 12 Class I wetland associated with Soos Creek. The property is wooded with a moderately dense third-growth mix of native coniferous and deciduous trees and typical groundcover. There is no structural development on the site. The surrounding area consists of a formerly lower-density suburban/semi-rural area which is becoming more densely urbaniz.ed with fairly standard suburban density single-family residences. 4. Applicant Trinity Land Development proposes subdivision of the property into 30 lots for single- family residences, which may be attached in pairs or may be detached; regardless of the structural configuration, each residence would be on its own individual lot. The residential density would be 4.14 units per acre, with the lot siz.es ranging from approximately 3,960 square feet to 7,982 square feet. Recreation facilities would be located in the northeastern portion of the site. Access to the lots would be provided by extension of Southeast 188"' Street easterly into the site (with the current steep grade reduced by feasible cuts and fills necessary to achieve the King County Road Standard (KCRS) grade maximum of 14 percent), and then the internal road would make a 90 degree tum to extend due south to the south boundary and terminate in a temporary cul-de-sac. Eventually, the north-south road would be extended south as part of the proposed F/euve des Voiles (formerly known as the Soos Creek preliminary plat; file L04P0002). The north-south road may also be extended northerly into the contemplated Janda development to the north. 5. Development drainage will be collected and conveyed to a detention facility in the southeast portion of the site, and then released under controlled metering into the Soos Creek wetland/stream system. The drainage design is subject to the Level 2 flow control and water quality requirements of the 1998 Surface Water Design Manual. A Level 1 downstream analysis was conducted by an applicant consultant and reviewed by DOES; the analysis concludes that there are no downstream flooding problems which require heightened drainage standards. 6. With the internal road improvements of the development, along with the access improvement of Southeast 188"' Street and offsite improvements in certain areas ( as depicted in Exhibit 13 ), safe walking conditions will be sufficiently provided for resident schoolchildren to walk to their respective schools and/or nearest respective bus stops for transportation to their schools within the Renton School District. 7. There is no authority in this case to impose school impact mitigation fees on the development, since no ordinance has been adopted to impose such fees within the Renton School District. No significant adverse impacts to schools are identified in the environmental documents issued for the development action under the State Environmental Policy Act (SEPA). 8. King County Fire District No. 40 requests that internal roadways in the development be sufficiently sized and/or restricted with parking signage so that its vehicles and equipment can maneuver within the site and be operated without blockage during fire and emergency aid operations. The Examiner has no authority to require road standards greater than those adopted formally by King County for imposition on development (the KCRS), and does not find the possibility of vehicle blocking in this case to rise to the level of a probable and direct threat to the public health, safety and general welfare sufficient to deny the proposed development based on assertions of insufficient roadway widths and/or parking regulation. The Examiner also notes KCOOT testimony that parking regulation is typically performed by the County on a case by case basis, after a problem has become evident. That is understandably frustrating to fire emergency • • L04P0027-Wehnnan Subdivision Page 4 of 12 authorities because retrofitting parking restrictions is often unpopular, but the situation seems to beg coordination between the fire districts and County development regulation authorities, and eventual legislative proposals if appropriate. 9. The traffic impacts of the development will cause five a.m. peak hour trips to enter the intersection of Southeast 188"' Street and 116"' Avenue Southeast to the west of the project entry; during the p.m. peak hour, seven trips associated with the development will enter the intersection. Those are relatively minimal impacts from a traffic impact regulation standpoint, and the Examiner notes the County staff's conclusion that the traffic impacts of the proposed development do not rise to the level of a significant impact and do not breach the threshold requiring offsite traffic impact mitigation of deficient arterials. CONCLUSIONS: I. The proposed subdivision, as conditioned below, would conform to applicable land use controls. In particular, the proposed type of development and overall density are specifically permitted under the R-6 zone. 2. If approved subject to the conditions below, the proposed subdivision will make appropriate provisions for the topical items enumerated within RCW 58.17 .110, and will serve the public health, safety and welfare, and the public use and interest. 3. The conditions for final plat approval set forth below are reasonable requirements and in the public interest. 4. The dedications of land or easements within and adjacent to the proposed plat, as shown on the revised preliminary plat submitted on April 19, 2006, or as required for final plat approval, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. DECISION: The preliminary plat of the Wehrman subdivision, as revised and received April 19, 2006, is approved subject to the following conditions of approval: l. Compliance with all platting provisions of Title 19A of the King Cow,ty Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environment Services. • • L04P0027-Wehnnan Subdivision Page 5 of 12 Any/all plat boundary discrepancy shall be resolved to the satisfaction of DOES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17 .08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location oflots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DOES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DOES Engineering Review, shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent stonn drain outlet as shown on the approved construction drawings # on file with DOES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building pennit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." d. The drainage detention facility shall be designed to meet at a minimum the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWDM). e. Storm drain stubs for future connection shall be provided along the west property line in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006, unless otherwise approved by DOES. f. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the proposed site grading, road design, rock or retaining walls and drainage detention facility design. The geotechnical engineer shall evaluate the site for • • L04P0027~Wehrman Subdivision Page 6 of 12 potential groundwater seeps and provide design recommendations to address groundwater found. The geotechnical recommendations shall be included in the T.I.R. and incorporated into the design with submittal of the engineering plans. g. Special geotechnical construction inspection of the site grading, road construction, rock or retaining walls and drainage facility, is required to ensure compliance with the geotechnical recommendations. Inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard. A temporary turnaround shall be provided at the south end of Road A. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006, unless otherwise approved by ODES. It is intended that this improvement will match the proposed road improvements for the plat of Fleuve des Voiles File L04P0002. b. FRONT AGE and OFFSITE: The frontage and offsite portion of SE 188th Street from the west property boundary west to the existing road pavement shall be improved at a minimum to the urban half-street standard. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006. Other designs for this frontage and offsite improvement may be considered, as approved by DOES. c. Offsite Walkway Improvements: These walkway improvements shall be designed in general conformance with the conceptual school walkway plan submitted April 19, 2006, unless otherwise approved by ODES as providing sufficient safe walking conditions for resident schoolchildren to their pertinent bus stops/schools. These improvements shall include any necessary grading and storm drainage work necessary to either tight-line the abutting roadside ditches or relocate the ditches within existing right-of-way. • SE 188th Street (120th Avenue SE to match into the above 1/2-street improvement near the west plat boundary) shall be widened to provide an eight (8) foot wide paved shoulder along the south side of the street. • SE 188th St(l 16th Ave SE to 120'" Ave SE) shall be widened to provide a minimum 16 foot wide paved surface as measured from the construction centerline. This will provide an I I-foot wide travel lane and a 5-foot wide paved shoulder. • 120th Ave SE (SE 188th St to SE 184th St.) shall be widened to provide a minimum 16 foot wide paved surface as measured from the construction centerline. This will provide an I I-foot wide travel lane and a 5-foot wide paved shoulder. • • L04P0027-Wehnnan Subdivision Page 7 of 12 d. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 8. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: ( 1) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14. 75, Mitigation Payment System (MPS), have been paid." lfthe second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. I 0. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in K.C.C. 21A.24. Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers ( e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 11. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. A. Wetlands The Class I wetland shall have a minimum buffer of I 00 feet, measured from the wetland edge. The wetland and its respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. 8. Streams The Class 2 stream used by salmonids shall have a minimum I 00-foot buffer, measured from the ordinary high water mark (OHWM). The stream(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of IS feet shall be required from the edge of the tract. C. Alterations to Streams or Wetlands If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21A.24, then a detailed plan to mitigate for impacts from those alterations will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DOES Senior • • L04P0027-Wehnnan Subdivision Page 8 of 12 Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be implemented prior to final inspection of the plat. D. Geotechnical The applicant shall delineate all on-site erosion ha7.8ni areas on the final engineering plans (erosion hazard areas are defined in K.C.C. 21A.06.415). The delineation of such areas shall be approved by a DOES geologist. The requirements found in K.C.C. 21A.24.220 concerning erosion hazard areas shall be met, including seasonal restrictions on clearing and grading activities. 12. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required IS-foot building setback line, unless otherwise provided by law. • • L04P0027-Wehnnan Subdivision Page 9 of 12 13. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21A.14.180 and K.C.C. 21A. 14.190 (i.e., sportcourt[s], children's play equipment, picnic table[ s ], benches, etc.). a. A detailed recreation space plan (i.e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DOES and King County Parks prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 14. A homeowners' association or other workable organi7.ation shall be established to the satisfaction of DOES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract( s ). 15. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. b. C. d. e. f. g. 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. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. 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. 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. The species of trees shall be approved by DOES iflocated 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. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by ODES prior to engineering plan approval. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 188th Street in the subject area is on a bus route. If SE 188th Street in the subject area is on a bus route, the street tree plan shall also be reviewed by Metro. • • L04P0027-Wehrman Subdivision Page 10 of 12 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 one 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 one year. After one year, the maintenance bond may be released after ODES has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. 16. To implement K.C.C. 21A.38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements ofK.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 2 JA.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 21A.38.230.B.4.d.(2). 17. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 2 IA.38.230.B.6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) ORDERED this I 0th day of August, 2006. Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this 10th day of August, 2006 to the following parties and interested persons of record: Matt Berntson 12040 SE 188th St. Renton WA 98058 Ivana Halvorsen Barghausen Cons. Eng., Inc. 18215-72nd Ave. S. Kent WA 98032 Annete Ervin 18848 -!20th Ave. SE Renton WA 98058 Sandy Haydock King Cty Fire Dist. 40 I 0828 SE 17 6th St. Renton WA 98055 Thomas Goff 1870 I -!26th Pl. SE Renton WA 98058 Fred A. Heistuman 18819-120th SE Renton WA 98058 • L04P0027-Webrman Subdivision Seattle KC Health Dept. E. Dist. Environ. Health 14350 SE Eastgate Way Bellevue WA 98007 Kirn Claussen DDES/LUSD MS OAK-DE-0100 Kristen Langley DDES/LUSD MS OAK-DE-0100 Steve Townsend DDES/LUSD MS OAK-DE-0100 Bruce Whittaker DDES/LUSD MS OAK-DE-0100 Trinity Land Development LLC Attn: Clark McGowan 310 -29th St. NE Puyallup WA 98372 Lisa Dinsmore DDES/LUSD MS OAK-DE-0100 Carol Rogers DDES/LUSD MS OAK-DE-0100 Larry West DDES/LUSD MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL • Page JI of 12 Marvin Wehrman 5115 -33rd Ave. W. Everett WA 98203 Nick Gillen DDES/LUSD MS OAK-DE-0100 Chad Tibbits DDES-LUSD MS OAK-DE-0100 Kelly Whiting KC DOT, Rd. Srvcs. Div. MS KSC-TR-0231 In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of$250.00 (check payable to King County Office of Finance) on or before August 24, 2006. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before August 31, 2006. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room I 025, King County Courthouse, 516 3"' Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk 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 written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE JULY 25, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P0027. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Chad Tibbits, Bruce Whittaker and Kristen Langley, representing the Department; Ivana Halvorsen representing the Appellant, and Matt Berntson. • • L04P0027-Wehrman Subdivision Page 12 of 12 The following Exhibits were offered and entered into the record: Exhibit No. I Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Exhibit No. 10 Exhibit No. 11 Exhibit No. 12 Exhibit No. 13 ExhibitNo. 14 Exhibit No. 15 Exhibit No. 16 Exhibit No. 17 Exhibit No. 18 Exhibit No. 19 Exhibit No. 20 Exhibit No. 21 Exhibit No. 22 Exhibit No. 23 PTIJ:ctm/ms L04P0027 RPT Department of Development and Environmental Services file no. L04P0027 DDES Prelimiruuy Report dated July 25, 2006 Application received December 14, 2004 Environmental Checklist submitted December I 0, 2004 Determination ofNon-significance issued June 23, 2006 Affidavit of Posting indicating posting date of February 11, 2005; received by DDES on February 16, 2005 Plat map received April 19, 2006 Land use map showing mning, plot date of February I, 2005 Assessor's maps (2) 23-05-33SW Level I Off site Drainage Analysis, revised November 9, 2005 Boundary and Topographic Survey, received December 14, 2004 Preliminary Grading & Drainage, received August 19, 2005 existing School Walkway Conditions, received April 19, 2006 Wetland Delineation Report, received December 14, 2004 Traffic Impact Analysis, received January 17, 2006 Not submitted Certificate of Transportation Concurrency, received December 14, 200? Subdivision Density & Dimension Calculation worksheet, received December 14, 2004 Fire District Receipt, received December 14, 2004 Certificate of Sewer Availability, received December 14, 2004 Certificate of Water Availability, received December 14, 2004 Geotechnical Engineering Study, dated January 17, 2006 Photographs (3 color copies) depicting a fire truck in various access situations • • Web Date: 11/27/2007 tQ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 ROAD STANDARDS VARIANCE REQUEST TO THE COUNTY ROAD ENGINEER 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. Project Name: WEHRMAN SUBDIVISION Project Address and Parcel Number. 121xx SE 188'" St, 6199000101 & 3323059010 Applicant/Design Engineer Name: De-En Lang Address: 10658 Riviera PL NE DDES File No.: L04P0027 Engin g Finn Name: Lang Associates, Inc. Telephone: 206 306-8880 City, State, ZIP: DDES Engineer ln~ials: Seattle, WA 98125 0 Route Application to LUIS D Check here if project engineering plans are approved and construction has begun. INSTRUCTIONS TO APPLICANT/DESIGN ENGINEER: Date: 413108 Please be sure to include all plans, sketches, photos and maps which may assist in complete review and consideration of your variance request For a complete list of road variance submittal requirements, refer to separate list from DOES. Failure to provide all pertinent information may result in delayed processing or denial of request Please submit this request and applicable fee to the Department of Development and Environmental Services (DOES) Permit Center at 900 Oakesdale Ave. SW, Renton, WA 98057-5212. To make an appointment for permit submittal, please call 206-296-6797. For more information, refer to the ODES Web site, www.kingcounty.gov/permits. I REFER TO SECTION 1.08 OF THE KING COUNTY ROAD STANDARDS FOR VARIANCES DESCRIPTION OF VARIANCE REQUEST: Allow 4 Joint Use Driveway Tracts (Tract D,E,F & G) to serve 4 single family lots each APPLICABLE SECTION(S) OF STANDARDS: KCRS (93) 3.01.C.3.a JUSTIFICATION (see attachments, pages to ): Consistant with 2007 KCRS 2.09.B which allows PAT with 18' paving in 20' tract to serve up to 6 dwelling units; enable the projecy to have superior road alignment than the original design; reduce cut & fill by approximately 50%; reduce the number of entry points and number of on street parking along 122 Ave SE; provide better connection to undeveloped properties to the north; also see enclosed pre-application meeting notes. AUTHORIZATION SIGNATURES· DOES STAFF RECOMMENDATION DEPARTMENT OF TRANSPORTATION AUTHORIZATION D Annroval D Conditioned Annroval D Denied County Design Engineer: Date Development Engineer/Designee: Date County Road Engineer: Date CONDITIONS OF APPROVAL: Check out the ODES Web site at www.kingcounty.gov/permits RoadStanderdsVerReqToCoRoadEngrFORM le-rqu-rdvar.pdf 11/27/2007 Page 1 of 1 • • Web date· 09/13/2005 ® King County DROP-OFF COVER SHEET FOR LUSD ONLY Deparbnent of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296--6600 TIY 206-296-7217 For alternate formats, call 206-296-6600. Drop-Off Cover Sheet for Land Use Services Division ••••••••••••••••• IMPORTANT••••••••••••••••• PROJECT NUMBER AND NAME IS NECESSARY DATE RECEIVED BY LUSD FOR ALL DROP-OFFS Project No ~L04=P~0~02~7 ______________ _ Project Name WEHRMAN SUBDIVISION FROM Lang Associates, Inc./ De-En Lang Company Name / Contact Person Telephone No 206 306-8880 TO Shannon Dorr ADDITIONAL INFORMATION REQUESTED BY KING COUNTY STAFF (please print) Short Plat / Plats Please specify rtem(s) dropped-off: Road standard variance request to allow 4 lots served by joint use driveway Lot Line Adjustment Permit Please specify item(s) dropped-off: Right of Way Permit Please specify rtem(s) dropped-Off: Clearing/ Grading Permit -Additional information requested. Please specify item(s) dropped-off: Other: APR !J 4 zu,,, 1 PLEASE NOTE: All drop-off item(s) will be logged into the computer under the project number, therefore, it is important that the top portion of this form is completed properly before you drop-off anything. Assistance in finding a project number can be provided by speaking to a Zoning/Land Use Technician. Your cooperation is important. Thank you. Check out the DOES Web site at www.metrokc.gov/ddes Dror>-OflCoverSheet-LUSDOnlyFORM lg--cvs-dropoff.pdf 09/13/2005 Page 1 of 1 • King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest • Web date: 0612812007 CERTIFICATION OF APPLICANT STATUS Renton, Washington 98057-5212 206-296•6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. Penni! Number: L04P0027 Activity Number: LC>J::V~ a 3 3 Permit Name: WEHRMAN SUBDIVISION FOR INDIVIDUALS: I, Marvin Wehrman (print name), hereby certify that I am the/an owner of the property which is the subject of this permit. If I am not the sole owner of the property, I certify that I am authorized to represent all other owners of the property. My mailing address is: 5115-33rd Ave West, Everett WA 98203 I further certify that I am the "Applicant" for this permit and as such am financially responsible for all fees and will receive an refunds id. I shall remain the "Applicant" for the duration of this permit unless I ='-==--'-'-'-'-:;c;'Sl':*"""-'-"Fv"'---"P-'"'r),;;}z=-"'o'"n_,th,._,_e"--'-'fo<crm= provided by ODES. " -OR- FOR CORPORATIONS/BUSINESS ASSOCIATIONS: Date Signed I,-----------------------~ (print name), hereby certify that I am an authorized agent of , a corporation or other business association authorized to do business in the State of Washington, which is the sole owner of the property that is the subject of this permit. If this corporation or business association is not the sole owner of the property, I certify that this corporation/business association is authorized to represent all other owners of the property. The mailing address of this corporation/business association is: APR O · -· ,US L I further certify that the above named corporation/business association is the "Applicant" for this permit and as such is financially responsible for all fees and will receive any refunds paid. This corporation/business association shall remain the "Applicant" for the duration of this permit unless it transfers its applicant status in writing on !he form provided by DDES. * Signature of Applicant's Agent Date Signed * By signing as the Applicant or the Applicant's Agent, I certify under penalty of perjury under the laws of the State of Washington that the information provided above is true and correct. CertApplicantStatusFORM lc-cer-apstat.pdf 06/2812007 Page 1 of 2 • • NOTICE TO APPLICANTS: By law, this department returns all engineering and other plans to the applicant. If, however, you wish to authorize the department to return engineering and other plans directly to the engineer, architect, or other consultant for the limited purpose of making corrections, please designate below: ~ I authorize this department to return plans directly to my consultant(s) for the limited purpose of making corrections as designated on this form. CONSULTANTS: Lang Associates, Inc. 10658 Riviera PL NE, Seattle WA 98125 Taylor Engineering Consultants, 205 Front St. S P.O. Box 1787 Issaquah, WA 98027 Check out the DDES Web site at www.kingcountv.gov/permits CertApplicantStatusFORM lc-cer-apstat.pdf 06/26/2007 Page 2of2 • • Web date: 0811412007 ti King County LAND USE PERMIT APPLICATION FORM Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. Staff Use Only -Do not write in this box 'i : ' '' Application <..: -,..-, ,-.I c-. :~; ',U_, 'j. j,. •.. Date Received (stamp) 00 NOT WRITE ABOVE THIS DIVIDER I 0/IJe) request the following pennit(s) or approval(s): D Binding site plan D Public agency & utility exception D Site development permit D Boundary line adjustment D Reasonable use exception D Site-specific comprehensive plan D Building permit D Reuse of public schools amendment D Conditional use permit D Right-of-Way use permit D Special district ovenay removal D Critical areas alteration exception fZ1 Road variance D Special use permit D Linear 0 Non-linear D Shoreline conditional use permit D Subdivision -Formal D Drainage variance or adjustment D Shoreline exemption D Subdivision -Short D Period review for mining sites D Shoreline redesignation D Temporary use permit D Plat alteration D Shoreline substantial development D Urban planned development D Plat vacation permit D Zone reclassification D P-suffix amendment D Shoreline variance D Zoning variance I, Marvin Wehrman , 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 lhis 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 fonn, you are giving permission for these visits. If it is rental property/the_ wner hereby agrees to notify tenants of possible site visits. 1 / Printed Name Marvin Wehrman ,;,_;}J!J14~t •'--- Company Phone 425 -347 -1472 E-mail mwfossil@msn.com Mailing Address 5115-33rd Ave West Everett WA 98203- 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 Tranlter of Application Status form filed with this application, Name Phone Mailing Address AppForLandUsePennitsFORM STREET E-mail CITY ST ZIP lc-app-luper.pdf 05/1412007 Page 1 of 2 • • Send the posting package for the notice board for this application to: __ the owner/applicant ~ the consultant/agent (engineer, architect, etc.) Send letters, including those requesting additional information for this application, to: D the owner/applicant [SJ the consultant/agent Note: Application fomis and submittal requirements are subject to revision without notice. For Formal Subdivisions only: NAME OF SUBDIVISION REGISTERED l.AND SURVEYOR /COMPANY) STREET ADDRESS CITY STATE ZIP ENGINEER /COMPANY) STREET ADDRESS CITY STATE ZIP DEVELOPER (COMPANY) STREET ADDRESS CITY STATE ZIP Land Surveyor's Certification I hereby certify that the accompanying plat has been inspected by me and conforms to all rules and regulations of the platting resolution and standards for King County, Washington. SIGNED DATE NAME (INDIVIDUAL) TELEPHONE E-MAIL NAME (INDIVIDUAL) TELEPHONE E-MAIL NAME (INDIVIDUAL) TELEPHONE E-MAIL Land Surveyor Seal Check out the ODES Web site at www.kingcountv.gov/permits AppForlandUsePermitsFORM lc-app-luper.pdf 08/1412007 Page 2 of 2 • • Web date: 06/28/2007 ~ King County AFFIDAVIT CONCERNING CRITICAL AREAS COMPLIANCE Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. STATE OF WASHINGTON COUNTY OF KING ) ) ss ) File Number: L04P0027 loJV0032 Application Name: WEHRMAN SUBDIVISION ;--~, ' ' APR O 1 ZLIOB Project Location: 121xx SE 188th St, Tax Parcels 6199000101 & 3323059010 The undersigned, being first duly sworn on oath deposes and says: 1. That the affiant is competent to be a witness herein; 2. That the affiant is the applicant for the above project; 3. That to the best of the affiant's knowledge the critical areas on the development proposal site have not been illegally altered; and 4. That the affiant has not previously been found to be in violation of critical areas regulations for any property in King County, or alternatively, that if there have been any violations, such violations have be n/are being resolved to the satisfaction of King County. Apphcant signature Date and Place (City and Stite) I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Check out the ODES Web site at www.kingcounty.gov/permits AffidavitCriticalAreasComplianceFORM lc-aff-sacomp.pdf 06/2812007 Page 1 of 1 • • Fieuve des Voiles (L04P0002) Wehrman Subdivision (L04P0027) Pre-application Meeting Summary Tcr Shannon Dorr, Bruce VVh1ttaker. Kristen Lan~Jley. and Nick Gillen This email 1s a for-the-record follow up to our meeting at the DDES office on March 27, 2008 ws discussed proposed mod1f1cat1ons to the approved preliminary approvais for the Fieuve des Voiles plat (L04P0002) and the 'Nehrrnan plat (l04P0027) Both plats ,vere vested prior to January 1 , 2005 Those attending the meeting for DOES were Shannon Dorr (DOES Land Use Dept), Eiruce \ivhalaker (DOES Engineering Dept) Kristen Langley rK1ng Couniy Dept. of T:ansportat1oni and t~:ck Gillen (ODES Sens,tive Areas Dept.). Also attending were Charles Spaeth, applicant for the Fleuve des Voiles plat; Marvin Wehrman, applicant for the Vvehrman Piat; and De-En Lang, consultant to both Charles Spaeth and fv'larvin \/Vehrman What foliovvs are the issues discussed and the ge11erai consensuses arrived at. Wehrman Plat Proposed Modifications: Modified Loi Layout All preseni oe!1eved the new lot layout plan VVehrrnan Subdiv,s1on Fina, Lot Layout by D. Lang, 1114108 (Revised Layout)] is much supdior to tr1at sho,,m on the Preliminary Plat approved 8/10106, for sever-al reasons: Bi The Revised Layout creates better access for the as yet undeveloped property north of the \tVehrman site. b) It 1,vill ,-esult in approximately fifty percent less cutting and fl/ling. c) It would result in fewer entry points to 122nd St SE, and; ·~f,. it ·Nill result 1n much less on-street parking on 122nd St SE, benefiting Fire Dept. .3CC8SS Bruce stated that the Revised Layout wouid require a redesign of the site's drainage system, about which he couid not comment until he can review the engii1ee1-ing plan Revised Road Plan Kr,sten Langley thought ihe Revised Pian v,/as superior for reasons a, c, and d above There was discussion about the number of lots that may be served by private access tracts (PA Ts) that the Revised layout identifies as Tracts D, E, F and G. Each PAT on the Revised Layout serves four lots. While PATs serving four lots are ailowabie under current code, they v,,'ere not ailo\•vable under the code in effect \~/hen the VVehrrna11 Piat vested Kristen suggested that f,/lr Wehrman apply for a variance-requestinD that the standards of the current code be applied to a!low the use of Tracts D, E, F and Gas shown on the Revised Layout, using reasons a, c and d J.o )_l!_st1fy such a var,ance. < , :: ' I,'\'\ _i} , ! I 11 APR Cl 4 2008 Lofioo33 • • '.tJevrn ·1us t~~1..;t-feT it ·was exp;ained tD i"~1cl<. (3ditH1 that th~:? F~e\/ised Pla!~; \'VOu!d result in a :":"\~1de'3t 0nc;)".:i.:Lhrn8ili c;f ihe T :act B access road onic the \ivet!ar>J Du-ifer ne·ar the south end ct !he site The Revised Pian makes the south end of the cJetention pond w:cJer and n1ore efficient fv1arv V\lehrrnan suggested that additiona! bl-iffe: fi..inher notth cu.)!d be offered to con1pensate for loss of buffer at the south end. Nick said that buffer ave''8f.Jing .--..(~_"!>·~ '<Jl~i ,),~ r~._:, ,..,,,,"'-Ppt•ot,1~ "r1e1· a ti:::.,...., ;"'( Vl"~·"'Ste•< e~ha~~ernc.>i-•t '")f tt"'e 1JUffe' nt (hp )-.,'1(".Jll •;y,_ .• .:,_,__. ,_,._ c1·._,,_---. c1.Jt_.,! d I., ;,_,\., ;:;.,.~S,8C '->I .1,.1 1,,., .. 1,, ...... ,1 l..i 1.,/ .( '' d I! ..... southeast corner of the site by planting native species Fleuve des Voiles Plat proposed modifications: Modified Lot Layout Neither Shannon or Bruce saw any problems with the very mocJest hand-drawn lot line changes shown on the "Final Lot Layout bv D Lann I 12/1 ?/QT;'' ~ ~ ' I (Revised F!eu,,e Lot Layout) that would modify the approved Fieuve cJes Voiles Pre!irninary Plat. SE 192nd / 124Ave. SE lnternection It vvas expia1ned to Kristen that the final design of the intersection. as per the conceptual ;11te1section plan inccwporatecJ into the Preliminary Plat approvai, was currently being reviewed by Linda Mott Kristen said that as iong as the final design was in accordance vvith the conceptual plan there would be no problem. VVet!ands Buffer· Mitigation Charles Spaeth present.eci Nick 'vVith a copy oi the "Critical Areas Mitigation Guicieiinesl 1 seeking guidance on the applicabie 'Netland buffer mitigation standards that shouid be used. Nick stated "The Guidelines are just that--guide!!nes." and said he would simply 1·eview the mitigation plan the developer submits for its reasonableness 1n light of conditions in the field, i.e .. existing native vegetation, etc Storm Runoff Outfall from 124th Ave. SE: Charles Spaeth described the proposed plan for draining and releasing storm water drairnng from the north leg of SE 124th Ave. Spaeth explained that his plan 1s to pipe the runoff east within the improved SE192nd St. right of way to a point where grades ano invert elevations dictate the water can be released. Spaeth askecJ if Bruce saw any prob!erri vvith the 'Nater being released from the improved right of vvay through son1e son of structure that 'Nould maintain the 1ntegnty of the road shoulder and be flush with the road surtace s0 as not to present a traffic hazard. Water vvouid flow north ( out of such a structure) from the boundar·y of the improved right of way into the wetland. No d!st1.~rbance of the vvetla.0d \vould result. Bruce said that was a conceptuaf!y \Ncrkable desiqn. H1tone Sho1i Piat drainage easement into Fleuve des Voiles Attached to the Revised Fieuv,, Lot Layout \Vas a drawing il!ustrat;ng how previously treated and detained storm water generated on the Hitone Short Plat site (west of and near the north1vest corner of the F!euve site) would be pi peel east onto the Fleuve s,te !approximately 130 feet east of the Hitone/Fleuve boundary) where it would be • • _.,,.s:·A:::'·sed ~)/ a !C'·iel spreade;·. The ;eve! spreade;· vv;)l.,iG r·ern31n 1r1 place until t(1r:·'. Fleuve 5/Stc::-n is construcir:.:t ··,vhereupon the ievei spteajer \VOuid be i-ernovej an,.J r.i-1e Hit.one storrn v,.;ater \Nould be incorporated into the F!euve drainage system. Spaeth confirrned that a drainage easeme-r-1t for the benefit ,)f the Hitone pro;ect has b2.,1~:n executed and rec-0rded. Spaeth explained he granted the easernent to accommodate the Hitone prcject. Ths Hitone project vviH be respons1b!e for getting the design 3pprovec1 by DOES and installing the drainage p;pe and level spreader Bruce said what Spaeth explained was acceptable. If anyone present at the fv1arch 27th meeting believes that what is set forth above 1s not a reasonable representation of the issues discussed and the opinions ex.pressed, piease iet me know by a retum email. Respectfully submitted, Charles Spaeth 3/31 /08 REPORT AND DECISION • • OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 August l 0, 2006 SUBJECT: Department of Development and Environmental Services File No. L04P0027 Proposed Ordinance No. 2006-0295 Location: Applicant: King County: WEHRMAN SUBDIVISION Preliminary Plat Application South of Southeast 188th Street, west of 124th Avenue South Trinity Land Development Attn: Chris Austin 310 -29 Street Northeast Puyallup, Washington 98373 Telephone: (253) 845-2922 Department of Development and Environmental Services, represented by Chad Tibbits 900 Oakesdale Avenue Southwest Renton, Wash in gt on 9805 5 Telephone: (206) 296-7194 ,·, r:~,. '.--, 1:. , ·, L,., . i ! ! 1 1U; Facsimile: (206) 296-7051 APR O 4 ZDOB , __ , SUMMARY OF DECISION/RECOMMENDATIONS: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing Closed: Approve with conditions Approve with conditions Approve with conditions July 25, 2006 July 25, 2006 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. • • L04P0027-Wehrman Subdivision Page2 of 12 FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. General Information: Developer: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Trinity Land Development Attn. Clark McGowan 310-29,. Street NE Puyallup, WA 983 73 253-845-2922 Barghausen Consulting Engineers 18215-7200 A venue South Kent, WA 98032 425-251-6222 33-23-05 South of SE 188,. Street and west of 124,. Avenue S. R-6 7.25 acres 30 Approximately 4.14 dwelling units per acre Approximately 3,960 to 7,892 square feet in size Single Family Detached or Dually Attached Dwellings Soos Creek Water and Sewer District Soos Creek Water and Sewer District King County Fire District No. 40 Renton School District No. 403 Application completeness date: December 14, 2004 2. Except as modified herein, the facts set forth in the DOES reports to the Examiner and the ODES and King County Department of Transportation testimony are found to be correct and are incorporated herein by reference. 3. The subject property is a 7.25-acre, mostly rectangularly shaped parcel (a rectangle with small appendages in the northwest and southeast comers) located at the present easterly terminus of Southeast 188,. Street east of 120th Avenue Southeast, generally in the Panther Lake area east of Renton and Kent and abutting the west boundary of Boulevard Lane Park north of Southeast 192 00 Street. The site terrain generally is composed of an east-descending slope, dropping fairly steeply in the western portions and becoming more gradual in the eastern portions where the property descends into the Soos Creek drainage corridor. The eastern edge of the site contains a • • L04P0027-Wehrman Subdivision Page 3 of 12 Class 1 wetland associated with Soos Creek. The property is wooded with a moderately dense third-growth mix of native coniferous and deciduous trees and typical groundcover. There is no stroctural development on the site. The surrounding area consists of a formerly lower-density suburban/semi-rural area which is becoming more densely urbaniz.ed with fairly standard suburban density single-family residences. 4. Applicant Trinity Land Development proposes subdivision of the property into 30 lots for single- family residences, which may be attached in pairs or may be detached; regardless of the structural configuration, each residence would be on its own individual lot. The residential density would be 4.14 units per acre, with the lot sizes ranging from approximately 3,960 square feet to 7,982 square feet. Recreation facilities would be located in the northeastern portion of the site. Access to the lots would be provided by extension of Southeast 188th Street easterly into the site ( with the current steep grade reduced by feasible cuts and fills necessary to achieve the King County Road Standard (KCRS) grade maximum of 14 percent), and then the internal road would make a 90 degree turn to extend due south to the south boundary and terminate in a temporary cul-de-sac. Eventually, the north-south road would be extended south as part of the proposed F/euve des Voiles (formerly known as the Soos Creek preliminary plat; file L04P0002). The north-south road may also be extended northerly into the contemplated Janda development to the north. 5. Development drainage will be collected and conveyed to a detention facility in the southeast portion of the site, and then released under controlled metering into the Soos Creek wetland/stream system. The drainage design is subject to the Level 2 flow control and water quality requirements of the 1998 Surface Water Design Manual. A Level I downstream analysis was conducted by an applicant consultant and reviewed by ODES; the analysis concludes that there are no downstream flooding problems which require heightened drainage standards. 6. With the internal road improvements of the development, along with the access improvement of Southeast 188th Street and offsite improvements in certain areas (as depicted in Exhibit 13), safe walking conditions will be sufficiently provided for resident schoolchildren to walk to their respective schools and/or nearest respective bus stops for transportation to their schools within the Renton School District. 7. There is no authority in this case to impose school impact mitigation fees on the development, since no ordinance has been adopted to impose such fees within the Renton School District. No significant adverse impacts to schools are identified in the environmental documents issued for the development action under the State Environmental Policy Act (SEPA). 8. King County Fire District No. 40 requests that internal roadways in the development be sufficiently sized and/or restricted with parking signage so that its vehicles and equipment can maneuver within the site and be operated without blockage during fire and emergency aid operations. The Examiner has no authority to require road standards greater than those adopted formally by King County for imposition on development (the KCRS), and does not find the possibility of vehicle blocking in this case to rise to the level of a probable and direct threat to the public health, safety and general welfare sufficient to deny the proposed development based on assertions of insufficient roadway widths and/or parking regulation. The Examiner also notes KCDOT testimony that parking regulation is typically performed by the County on a case by case basis, after a problem has become evident. That is understandably frustrating to fire emergency • • L04P0027-Wehnnan Subdivision Page 4 of 12 authorities because retrofitting parking restrictions is often unpopular, but the situation seems to beg coordination between the fire districts and County development regulation authorities, and eventual legislative proposals if appropriate. 9. The traffic impacts of the development will cause five a.m. peak hour trips to enter the intersection of Southeast 188,. Street and 116,. Avenue Southeast to the west of the project entry; during the p.m. peak hour, seven trips associated with the development will enter the intersection. Those are relatively minimal impacts from a traffic impact regulation standpoint, and the Examiner notes the County staff's conclusion that the traffic impacts of the proposed development do not rise to the level of a significant impact and do not breach the threshold requiring offsite traffic impact mitigation of deficient arterials. CONCLUSIONS: 1. The proposed subdivision, as conditioned below, would conform to applicable land use controls. In particular, the proposed type of development and overall density are specifically permitted under the R-6 zone. 2. If approved subject to the conditions below, the proposed subdivision will make appropriate provisions for the topical items enumerated within RCW 58.17.110, and will serve the public health, safety and welfare, and the public use and interest. 3. The conditions for final plat approval set forth below are reasonable requirements and in the public interest. 4. The dedications ofland or easements within and adjacent to the proposed plat, as shown on the revised preliminary plat submitted on April 19, 2006, or as required for final plat approval, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. DECISION: The preliminary plat of the Wehrman subdivision, as revised and received April 19, 2006, is approved subject to the following conditions of approval: I. Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication that includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification or shall be shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environment Services. • • L04P0027-Wehnnan Subdivision Page 5 of 12 Any/all plat boundary discrepancy shall be resolved to the satisfaction of DOES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of title. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17 .08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the approved preliminary plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. ODES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DOES Engineering Review, shall be shown on the engineering plans. c. The following note shall be shown on the final recorded plat: • All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with ODES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file.• d. The drainage detention facility shall be designed to meet at a minimum the Level 2 Flow Control and Basic Water Quality menu in the 1998 King County Surface Water Design Manual (KCSWOM). e. Storm drain stubs for future connection shall be provided along the west property line in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006, unless otherwise approved by DOES. f. The applicant's geotechnical engineer shall provide recommendations for the design and construction of the proposed site grading, road design, rock or retaining walls and drainage detention facility design. The geotechnical engineer shall evaluate the site for • • L04P0027-Wehrman Subdivision Page 6 of 12 potential groundwater seeps and provide design recommendations to address groundwater found. The geotechnical recommendations shall be included in the T.l.R. and incorporated into the design with submittal of the engineering plans. g. Special geotechnical construction inspection of the site grading, road construction, rock or retaining walls and drainage facility, is required to ensure compliance with the geotechnical recommendations. Inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. Road A shall be improved at a minimum to the urban subaccess street standard. A temporary turnaround shall be provided at the south end of Road A. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006, unless otherwise approved by DOES. It is intended that this improvement will match the proposed road improvements for the plat of F/euve des Voiles File L04P0002. b. FRONT AGE and OFFSITE: The frontage and offsite portion of SE 188,. Street from the west property boundary west to the existing road pavement shall be improved at a minimum to the urban half-street standard. This improvement shall be designed in general conformance with the Preliminary Grading and Storm Drainage Plan received April 19, 2006. Other designs for this frontage and offsite improvement may be considered, as approved by DOES. c. Offsite Walkway Improvements: These walkway improvements shall be designed in general conformance with the conceptual school walkway plan submitted April 19, 2006, unless otherwise approved by ODES as providing sufficient safe walking conditions for resident schoolchildren to their pertinent bus stops/schools. These improvements shall include any necessary grading and storm drainage work necessary to either tight-line the abutting roadside ditches or relocate the ditches within existing right-of-way. • SE 188th Street (120th Avenue SE to match into the above 1/2-street improvement near the west plat boundary) shall be widened to provide an eight (8) foot wide paved shoulder along the south side of the street. • SE 188,. St (116,. Ave SE to 120,. Ave SE) shall be widened to provide a minimum 16 foot wide paved surface as measured from the construction centerline. This will provide an I I-foot wide travel lane and a 5-foot wide paved shoulder. • 120,. Ave SE (SE 188th St to SE 184th St.) shall be widened to provide a minimum 16 foot wide paved surface as measured from the construction centerline. This will provide an I I-foot wide travel lane and a 5-foot wide paved shoulder. • • L04P0027-Wehrman Subdivision Page 7 of 12 d. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 8. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 9. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (I) pay the MPS fee at the final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14. 75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 10. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in K.C.C. 2IA.24. Permanent survey marking and signs as specified in K.C.C. 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 11. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 21A.24 shall also be addressed by the applicant. A. Wetlaads The Class I wetland shall have a minimum buffer of I 00 feet, measured from the wetland edge. The wetland and its respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. B. Streams The Class 2 stream used by salmonids shall have a minimum 100-foot buffer, measured from the ordinary high water mark (OHWM). The stream(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). A minimum building setback line of 15 feet shall be required from the edge of the tract. C. Alterations to Streams or Wetlands If alterations of streams and/or wetlands are approved in conformance with K.C.C. 21 A.24, then a detailed plan to mitigate for impacts from those alterations will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other fmancial guarantee will be required at the time of plan approval to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DOES Senior • • L04P0027-Wehiman Subdivision Page 8 of\2 Ecologist's satisfaction, the perfonnance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be implemented prior to final inspection of the plat. D. Geotecbnical The applicant shall delineate all on-site erosion hazard areas on the final engineering plans (erosion hazard areas are defined in K.C.C. 2 lA.06.415). The delineation of such areas shall be approved by a ODES geologist. The requirements found in K.C.C. 21A.24.220 concerning erosion hazard areas shall be met, including seasonal restrictions on clearing and grading activities. 12. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. • • L04P0027-Wehrman Subdivision Page 9 of 12 13. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 2\A.14.180 and K.C.C. 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., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DOES and King County Parks prior to or concunent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 14. A homeowners' association or other workable organization shall be established to the satisfaction of DOES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 15. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 2JA.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 1993 King County Road 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 organi7.8tion 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 (206) 684-1622 to determine if SE 188'" Street in the subject area is on a bus route. If SE 188'" Street in the subject area is on a bus route, the street tree plan shall also be reviewed by Metro. • • L04P0027-Wehrman Subdivision Page 10 of 12 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 one 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 one year. After one year, the maintenance bond may be released after ODES has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current county fees. 16. To implement K.C.C. 2 IA.38.230 which applies to the site, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements ofK.C.C. 21A.38.230. No clearing of the subject property is permitted until the final tree retention plan is approved by LUSD. Flagging and temporary fencing of trees to be retained shall be provided, consistent with K.C.C. 21A.38.230.B.4. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around preserved trees, except for grading work permitted pursuant to K.C.C. 2JA.38.230.B.4.d.(2). 17. A note shall be placed on the final plat indicating that the trees shown to be retained on the tree retention plan shall be maintained by the future owners of the proposed lots, consistent with K.C.C. 2 lA.38.230.B.6. (Note that the tree retention plan shall be included as part of the final engineering plans for the subject plat.) ORDERED this 10th day of August, 2006. Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this I 0th day of August, 2006 to the following parties and interested persons of record: Matt Berntson 12040 SE 188th St. Renton WA 98058 Ivana Halvorsen Barghausen Cons. Eng., Inc. 18215 -72nd Ave. S. Kent WA 98032 Annete Ervin 18848 -120th Ave. SE Renton WA 98058 Sandy Haydock King Cty Fire Dist. 40 I 0828 SE 176th St. Renton WA 98055 Thomas Goff 18701 -126th Pl. SE Renton WA 98058 Fred A. Heistuman 18819-120th SE Renton WA 98058 • L04P0027-Wehrman Subdivision Seattle KC Health Dept. E. Dist. Environ. Health 14350 SE Eastgate Way Bellevue WA 98007 Kirn Claussen DDES/LUSD MS OAK-DE-0100 Kristen Langley DDES/LUSD MS OAK-DE-0100 Steve Townsend DDES/LUSD MS OAK-DE-0100 Bruce Whittaker DDES/LUSD MS OAK-DE-0100 Trinity Land Development LLC Attn: Clark McGowan 310-29th St. NE Puyallup WA 98372 Lisa Dinsmore DDES/LUSD MS OAK-DE-0100 Carol Rogers DDES/LUSD MS OAK-DE-0100 Larry West DDES/LUSD MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL • Page 11 of 12 Marvin Wehrman 5115 -33rd Ave. W. Everett WA 98203 Nick Gillen DDES/LUSD MS OAK-DE-0100 Chad Tibbits DDES-LUSD MS OAK-DE-0100 Kelly Whiting KC DOT, Rd. Srvcs. Div. MS KSC-TR-0231 In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance} on or before AugllSt 24, 2006. If a notice of appeal is filed, the original and six (6} copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before August 31, 2066. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3n1 Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk 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 written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE JULY 25, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P0027. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Chad Tibbits, Bruce Whittaker and Kristen Langley, representing the Department; Ivana Halvorsen representing the Appellant, and Matt Berntson. • • L04P0027-Wehnnan Subdivision Page 12 of 12 The following Exhibits were offered and entered into tbe record: Exhibit No. I Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Exhibit No. I 0 Exhibit No. 11 Exhibit No. 12 Exhibit No. 13 Exhibit No. 14 Exhibit No. 15 Exhibit No. 16 Exhibit No. 17 Exhibit No. 18 Exhibit No. 19 Exhibit No. 20 Exhibit No. 21 Exhibit No. 22 Exhibit No. 23 PTD:ctm/ms L04P0027 RPT Department of Development and Environmental Services file no. L04P0027 DOES Preliminary Report dated July 25, 2006 Application received December 14, 2004 Environmental Checklist submitted December I 0, 2004 Determination of Non-significance issued June 23, 2006 Affidavit of Posting indicating posting date of February 11, 2005; received by ODES on February 16, 2005 Plat map received April 19, 2006 Land use map showing mning, plot date of February I, 2005 Assessor's maps (2) 23-05-33SW Level I Offsite Drainage Analysis, revised November 9, 2005 Boundary and Topographic Survey, received December 14, 2004 Preliminary Grading & Drainage, received August 19, 2005 existing School Walkway Conditions, received April 19, 2006 Wetland Delineation Report, received December 14, 2004 Traffic Impact Analysis, received January 17, 2006 Not submitted Certificate of Transportation Concurrency, received December 14, 200? Subdivision Density & Dimension Calculation worksheet, received December 14, 2004 Fire District Receipt, received December 14, 2004 Certificate of Sewer Availability, received December 14, 2004 Certificate of Water Availability, received December 14, 2004 Geotechnical Engineering Study, dated January 17, 2006 Photographs (3 color copies) depicting a fire truck in various access situations