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LUA-08-125_Misc
BEGINNING OF FILE FILE TITLE LUA oo 125 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: hearex@metrokc.gov January 29, 2008 REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. LOSP0026 Proposed Ordinance No. 2007-0620 Location: Applicant: Intervenor: THREADGILL SUBDIVISION Preliminary Plat Application 13502 -162nd Avenue Southeast Eagle Creek Development, LLC represented by Bill H. Williamson Williamson Law Office 70 I -5th Avenue Seattle, Washington 98139 Telephone: (206) 292-0411 Facsimile: (206) 292-0313 Citizen's Alliance for a Responsible Evendell represented by Gwendolyn High P.O. Box 2936 Renton, Washington 98056 Telephone: (425) 336-4059 King County: Department of Development and Environmental Services (DDES) represented by Chad Tibbits 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-7194 Facsimile: (206) 296-7051 SUMMARY OF RECOMMENDATIONS/DECISION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: Approve subject to conditions Approve subject to conditions (modified) Approve subject to conditions (modified) L05P0026-Threadgill Subdivision Hearing Opened: Hearing Closed: Hearing Re-opened (for administrative purposes) and Closed: 2 December 18, 2007 January 22, 2008 January 25, 2008 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. ISSUES AND TOPICS ADDRESSED: Surface water drainage Complete application SUMMARY OF DECISION: Traffic safety Student safe walking conditions A subdivision of 15 lots on 4.01 acres in the urban area is approved, subject to conditions. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and ent~'Ts the following: FINDINGS: 1. General Information: Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Eagle Creek Land Development, LLC Randy Goodwin 13701 SE 253'd Street Kent, WA 98042 206-730-9145 Ed McCarthy, P.E., P.S. 9957-171'1 Avenue SE Renton, WA 98059 425-271-5734 14-23-05 The site is located at 13502-162"' Avenue SE, at the southeast comer of 162"d Avenue SE and SE 135th Street intersection. R-4 4.01 acres 15 Density: Approximately 3.74 units per acre Lot Size: Approximately 6,000 to 10, 000 square feet in size Proposed Use: Single Family Detached Dwellings Sewage Disposal: The City of Renton Water Supply: King County Water District No. 90 Fire District: King County Fire District No. 39 School District: Issaquah School District No. 411 Complete Application Date: December 13, 2005 L05P0026-Thrcadgill Subdivision 3 2. Except as modified herein, the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the December 18, 2007, public hearing are found to be correct and are incorporated herein by this reference. The LUSD staff recommends approval of the application, subject to conditions. The division's recommended conditions were modified at the January 8 and 22, 2008 public hearings. 3. The mitigated determination of environmental non-significance (MONS) issued on November 9, 2007 was appealed by the applicant. On December 18, 2007, the applicant withdrew its appeal. The conditions of the November 9, 2007 MONS are now incorporated in the proposed action. 4. Section F 3 of the preliminary report for the December 18, 2007 public hearing erroneously refers to the Soos Creek Subbasin of the Green River drainage basin. The subject property lies within the Maplewood, Orting Hills and Mainstem sub-basins of the Lower Cedar River basin. This error had no effect on the review of the proposed plat by DOES. 5. Section Hof the preliminary report for the December 18, 2007 public hearing was revised by the Land Use Services Division at the January 8, 2008 public hearing. The revised section is set forth in exhibit no. 18 in the hearing record. 6. In a letter dated January 7, 2008 (exh. no. 24) the applicant proposed revisions to the surface water drainage system. These revisions are, m part, a response to a recent hydraulic study prepared for Southeast 144th Street, and also respond to downstream concerns identified by residents of the neighborhood. To mitigate flooding problems identified downstream of the west basin of the Threadgill plat, and along Southeast 144th Street, the applicant's revised proposal is to provide Level 3 flow control of surface water discharged from the detention pond to be located in the southwest corner of the property. In addition, three options are offered by the applicant to address concerns downstream from the east basin of the subject property. Option I would bypass potential drainage problem areas immediately downstream from the northeast comer of the site. Option 2 would utilize a new storm pipe system within the right-of-way of Southeast 135th Street, and would provide improvements on private property to convey water from Southeast 135th Street to Southeast 136th Street. Option 3 would provide increased detention capacity (Level 3 flow control) for the east basin, but would not provide downstream improvements. The applicant and all nearby property owners who have expressed an opinion prefer that Option 1 be utilized for the discharge and conveyance of stormwater from the east basin. The review engineer also supports that option, and recommends that King County accept for maintenance the new conveyance system that would be constructed within the public right-of-way from the discharge point on 164th Avenue Southeast to the point on Southeast 136th Street where the new conveyance system will intersect with the current north-south channel approximately 160 feet east of 164th Avenue Southeast. A drainage adjustment is required for implementation of Option I. 7. The downstream analysis provided by the applicant for surface water runoff from the west basin indicates that water is now discharged from the Threadgill property at its southwest corner, then crosses 162nd Avenue Southeast and travels to the west along Southeast 136th Street. It then turns south and travels to a wetland within the Plat of Liberty Grove Contiguous. Evidence presented by a property owner to the south states that the current drainage from the Threadgill Plat west basin now travels south on 162nd Avenue Southeast, and does not enter the Liberty Grove Contiguous wetland. L05P0026~ Threadgill Subdivision There are current flooding problems to the south, that are exacerbated by excessive water discharging from the Liberty Grove Contiguous wetland during certain storm events. Surface water discharge from the Threadgill property's west basin is required to follow its existing drainage course, unless a surface water adjustment is approved. 4 A catch basin exists in the right-of-way of 162nd Avenue Southeast at Southeast 136th Street, from which a pipe leads west within Southeast 136th Street. However, it is possible that existing runoff from the southwest basin also travels, at least in part, south on 162nd Avenue Southeast within existing road side ditches. Diversion to the west of any portion of the surface water runoff that in fact flows south on 162nd Avenue Southeast would aggravate existing downstream problems and would conflict with SWDM requirements. The actual path of surface water from the west basin of the Threadgill property during various storm events can be determined during the process of reviewing final drainage plans. 8. The proposed development of 15 lots has received a certificate of traffic concurrency from the King County Department of Transportation. The number of trips generated during any peak hour by the Threadgill Plat is 16. This is below the thirty peak hour trips at any intersection which is the minimum threshold required to call for mitigation of traffic impacts at an affected intersection. The MDNS requires participation by this proposed development in the construction of 162nd Avenue Southeast from its present southerly terminus (near Liberty Gardens) to Southeast 144th Street. This requirement will enhance the interconnectivity of streets serving the neighborhood, and will reduce the number of vehicles traveling to and from this subdivision that will travel through the high accident location of Southeast 128th Street and 160th Avenue Southeast. 9. The proposed development does not include construction of either Southeast l 35th Street or Southeast 136th Street from 162nd Avenue Southeast to 164th Avenue Southeast. Although right-of-way will exist adjacent to this plat on both Southeast 135th and Southeast 136th Streets to allow for future construction, any decision to construct improvements to either the Southeast 135th Street or Southeast 136th Street rights-of-way between 162nd Avenue Southeast and 164th Avenue Southeast will be subject to future consideration. The Threadgill Plat will be served solely by a cul-de-sac street from 162nd Avenue Southeast to a "dead end" within the subject property. 10. It is proposed by King County Department of Transportation, and agreed by the applicant, to provide safe walking conditions for students who will walk to Liberty High School and Brierwood Elementary School by constructing a walkway on 162nd Avenue Southeast, from the southwest comer of the Threadgill subdivision to Southeast 137th Place within the Plat of Liberty Lane. Within Liberty Lane, Southeast 13 7th Place connects with a path to the east boundary of that property on the alignment of 164th Avenue Southeast, adjacent to Liberty High School. This route is reasonable and suitable for Liberty High School students. However, from Southeast 137th Place, Brierwood Elementary students would have to cross the high school grounds to 166th Avenue Southeast, then tum back north to reach Brie1wood Elementary. It is unlikely that elementary school students would, in fact, walk south approximately 200 yards from the Threadgill plat entrance road to Liberty Lane, then retrace those 200 yards going back north on 166th Avenue Southeast. It is substantially more likely that the undeveloped right-of- way of Southeast 135th Street, or the undeveloped right-of-way of Southeast 136th Street, would be utilized to travel east and connect with 166th Avenue Southeast. The final engineering plans can identify what, if any, improvements are necessary and acceptable to King County DOES to provide safe walking conditions on either Southeast 135th Street or Southeast 136th Street to L05P0026-Threadgill Subdivision l66th Avenue Southeast for students who will walk from the Threadgill subdivision to Bricrwood Elementary School. 5 11. KCC 20.24.040 provides that DDES shall not commence review of any application until the applicant has submitted the materials and fees required for a complete application. The Intervenor in this proceeding contends that the Threadgill preliminary plat application was incomplete for failure to provide a certificate of water availability, a certificate of sewer availability, a certificate of transportation concurrency, density calculations and a tree inventory. (The Intervenor's contention includes a claim that certain certificates, that may have been valid when submitted, subsequently expired.) A King County Certificate of Water Availability for this property (then proposing a subdivision of 23 lots) was issued by King County Water District No. 90 on December 13, 2004, and was filed with DDES with this subdivision application on December 13, 2005. The certificate was renewable after one year. A certificate of sewer availability for 15 lots on the property was issued by the City of Renton Wastewater Utility on July 14, 2005, and was also filed with DDES on December 13, 2005. The Certificate of Water Availability was re-issued by King County Water District No. 90 on January 7, 2008, and the Certificate of Sewer Availability issued by the City of Renton was confirmed as still valid by the issuer on January 7, 2008. A Certificate of Transportation Concurrency was issued by King County Road Services Division for 16 dwelling units on the Threadgill property on December 2, 2005 and was received by DDES on December 13, 2005. Subdivision Density and Dimension Calculations dated December 5, 2005 were filed by the applicant with ODES on December 13, 2005, and were re-filed on a revised ODES form on January 2, 2008. A site plan identifying the trees on the subject property was filed with DOES on December 13, 2005, as Sheet 2 of the subdivision plan. A tree retention plan and landscape plan arc required with engineering plans for plat development. DDES determined that the subject application was complete on December 13, 2005. CONCLUSIONS: I. If approved subject to the conditions recommended below, the proposed Threadgill subdivision will comply with the goals and objectives of the King County Comprehensive Plan, subdivision and zoning codes, and other official land use controls and policies of King County. 2. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare, and for open spaces, drainage ways, streets, other public ways, transit stops, potable water supply, sanitary waste, parks and recreation, playgrounds, schools and school grounds and safe walking conditions for students who walk to school; and it will serve the public use and interest. 3. The conditions for final plat approval recommended below and contained in the mitigated determination of environmental non-significance are in the public interest and are reasonable and L05P002G--Threadgill Subdivision proportionate requirements necessary to mitigate the impacts of the development upon the environment. 6 4. The dedications of land or easements within and adjacent to the proposed plat, as required for final plat approval or as shown on the revised proposed preliminary plat submitted by the Applicant on December 11, 2006, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. 5. The applicant should apply for a surface water drainage adjustment to allow for the discharge of surface water from the east basin of the subject property to the right-of-way of 164th Avenue Southeast approximately as shown in exh. no. 29, from where the surface water would be conveyed south to the alignment of Southeast 136th Street, then east to the location where current flow from the east basin enters Southeast 136th Street at the existing channel. This adjustment would allow for the bypassing of current problem areas that could be impacted by additional flows from the Threadgill plat. As part of the surface water drainage application, the developer should request that King County accept and maintain the new conveyance system to be constructed within the public right-of-way of 164th Avenue Southeast and Southeast 136th Street. 6. Final engineering plans should provide for Level 3 detention of surface water prior to leaving the west basin of the proposed development, and should re-examine the discharge of existing flow from the west basin to determine the extent to which any existing flows are conveyed south along 162nd Avenue Southeast, rather than west along the alignment of Southeast 136th Street, during major storm events. This re-examination should be specifically reviewed by the DOES review engineer, to assure that no flow of surface water from 162nd Avenue Southeast is redirected to the west and enters the wetland within the Plat of Liberty Grove Contiguous. If any of the surface water flow from the west basin of the subject property is found to travel south along 162nd Avenue Southeast under existing condition, drainage plans for reconstruction of 162nd Avenue Southeast and its extension shall be required to accommodate those flows and assure that there is no diversion of surface water to the west. 7. The proposed development, with the conditions of the MONS and the conditions of final plat approval set forth in this decision, improves road connectivity in the neighborhood in a manner that fully and proportionately mitigates the impacts of this development on traffic and vehicle safety at high accident locations on the Southeast !28th Street corridor. 8. Final engineering plans should provide a walkway to the east on the alignment of either Southeast 135th Street or Southeast 136th Street, to be utilized by students who will walk to Brierwood Elementary School, to provide a safe connection to 166th Avenue Southeast, for travel north to Brierwood. These walkways improvements should be reviewed by ODES for consistency with applicable King County standards for a safe walkway, and should be constructed, as approved, with the plat improvements. 9. The Threadgill application for preliminary plat approval meets the requirements of KCC 19A.08.150 and KCC 20.20.040. DOES correctly determined that this application was complete on December 13, 2005. The subsequent expiration and renewal of certificate of water and sewer availability did not affect the completeness of the application. The certificate of transportation concurrency was in effect at the time this application for subdivision approval was filed, and, therefore, remains valid while review of the application is pending. Appropriate density calculations and a tree inventory were submitted with the application. Modifications made to a L05P0026-Threadgill Subdivision 7 proposal during its review do not require submission ofrevised documents to maintain a complete application for the purpose of considering an application's eligibility for preliminary approval. DECISION: The proposed subdivision of Threadgill Plat, as revised and received December 11, 2006 is granted preliminary approval, subject to the following conditions of final plat 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-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as 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. Any plat boundary discrepancies 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 must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and 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 modifying the location of lots or tracts as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the dramage requirements. i\11 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 2005 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. A surface water drainage adjustment shall be applied for to permit discharge from the Tract B (east) pond to 164th Avenue Southeast, at approximately the location shown on exh. no. 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136th Street. The adjustment application shall request that King County accept for maintenance the new conveyance L05P0026-Threadgill Subdivision 8 system to be constructed within the public right-of-way. In the event a surface water adjustment that permits utilization of Option 1 substantially as presented in exh. no. 29 is denied, the hearing on this application shall be reopened for the limited purpose of re- evaluating surface water drainage alternatives for the east basin. c. Engineering plans for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be re- examined to determine the extent, if any, to which existing flow travels south along the alignment of 162nd Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162nd Avenue Southeast shall be diverted to the west along Southeast 136th Street. d. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR.) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. 7. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. Road A shall be improved at a minimum to the urban minor access street standard. b. FRONTAGE: The frontage along 162"d Ave SE (east side) shall be improved at a minimum to the urban subcollector street standard. c. The Applicant shall widen 162"d Avenue SE, from the intersection of SE 136'" Street to the northeasterly curb return of the intersection of SE 137"' Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School, and Maywood Middle School. These improvements shall consist ofa minimum 22-foot wide roadway together with a walkway that is: (i) eight feet wide if directly abutting the traveled-way, or (ii.) five (5) feet wide if separated from the vehicle travel lane by an extruded curb (which requires an additional I-foot shy distance from the shoulder edge of the northbound travel lane -i.e., 162"d Avenue SE would need to be at least 23-feet wide) or, (iii) five (5) feet wide if physically separated from the vehicle travel lane by a gravel shoulder. These improvements may include construction of full urban improvements ( curb, gutter ".l,-,il c1.4P\Xf~lk-l in lie.11 of these ontions. L05P0026-Thrcadgi\l Subdivision 9 Note: it is expected that similar improvements will also be conditions of approval for the proposed plats of Liberty Gardens L04P0034 and Cavalla L06P0001, on appropriate portions of 162nd Avenue Southeast. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136th Street to 164th Avenue Southeast, and continuing east, as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. These improvements shall be the minimum necessary determined by DOES to provide safe walking conditions for elementary school students. e. Tract D shall be improved to the joint use driveway standard per Section 3.01 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. f. Thirty feet of additional R/W shall be dedicated along the frontage of SE 135th St; along with RAV radii at the northwest comer of Lot 15 and the northeast comer of Tract B. g. R/W radii shall also be dedicated at the southwest comer of Tract E and the southeast comer of Lot 6. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 1. A conceptual frontage road improvement plan for the future construction of SE l 36'h St, to the neighborhood collector street standard, shall be submitted with the engineering plans. This plan shall show the necessary R/W width for future construction of the road. Additional R/W needed to construct the future road shall be dedicated with the final plat. The intent of this condition is to insure that, following development, sufficient R/W will exist for future construction of SE 136'" St to the east. 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 bas 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." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 10. Lots within this subdivision are subject to King County Code 21 A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. L05P0026~ Threadgill Subdivision 10 11. There shall be no direct vehicular access to or from SE 135th Street or Southeast 136th Street from those lots which abut those streets. A note to this effect shall appear on the engineering plans and the final plat. 12. The proposed subdivision shall comply with the Critical 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 critical 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. All offsite construction required as conditions of final plat approval shall likewise comply with the CAC. 13. 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. Wetlands A. Wetland A is a Category IV and requires a 50 foot buffer. The wetland is located in the southeastern portion of the site. The wetland is less than 2500 square feet and may be filled as shown on the site plan dated December 11, 2006. Mitigation is required for the wetland and buffer impacts. B. Wetland B is a Category IV wetland and requires a 50 foot buffer. The wetland is located in the southwestern portion of the site. A portion of the wetland and buffer is located within unimproved right-of'way. This portion of the wetland and buffer may be impacted for required road improvements, as shown on the site plan dated December 11, 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer enhancement/mitigation plan. D. All remaining wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long term protection. A split-railed fence or similar barrier shall be installed along the tract boundary. E. A 15 foot building set back line (BSBL) is required from the edge of CA T's and shall be shown on all affected lots. F. Additional road improvements are required within the unimproved 162"' Avenue right- of-way (ROW) located south of the proposed plat. Critical areas and buffers are located within this ROW. Impacts within the ROW may be permitted with mitigation. A mitigation plan will be required during engineering review. G. The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the L05P0026-Threadgill Subdivision ]] 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 critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/critical 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/critical area and buffer. The vegetation within the tract/critical 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 othetwise provided by law. The common boundary between the tract/critical 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 critical area tract/critical 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 othetwise provided by law. 14. Suitable recreation space shall be provided consistent with the requirements ofK.C.C. 21A.14. I 80 and K.C.C. 21A. 14.190 (i.e., sport court[sj, 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. 15. 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 and critical area tract(s). 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 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 organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. L05P0026-111readgill Subdivision 12 e. 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. 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 162°d Avenue SE is on a bus route. If 162"d Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year ofrecording 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 DOES has completed a second inspection and determined that the trees have been kept healthy and thriving. 17. 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. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order to address the incremental impacts of the development of the Threadgill plat, and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, ODES File L04P0034, and Cavalla, DOES File L06POOOI), on the High Accident Location (HAL) at the intersection of SE 128th Street/ 160'h Avenue SE), the Applicant shall individually or jointly with other developers in the area construct an offsite extension of 162°d Avenue SE in general conformance with the conceptual plan submitted to DOES (dated: July 2, 2007) for the plat of Cavalla, from the current south terminus of 162°a Avenue SE (near the SE 138xx block) to SE 144'" Street. These improvements shall include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm drainage conveyance/ detention/treatment facilities as determined by DOES. These improvements shall include a tight-lining of the existing water-course located on the westerly half of the 162°a Avenue SE right-of-way. (KCC 14.80.030B) Note: a multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached to implement this requirement. Portions of this improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as conditions of those plats' approvals. b. In order to address the incremental impacts of the Threadgill development, by itself, on the HAL at the intersection of SE 128" Street/ 160'h Avenue SE, this applicant shall-in addition to the requirements of the preceding SEPA condition -dedicate any additional right-of-way required along the SE 136th Street margin of the site needed to construct - LOSP0026-Threadgili Subdivision 13 in the future, by others (private or public) -an extension of SE 1361 h Street from 162"d Avenue SE to 166th Avenue SE. The required additional right-of-way, as needed, may be based upon the preliminary road profile prepared by Baima & Holmburg dated 4/18/2005, and based upon a future 32-foot wide roadway with curb, gutter and sidewalks meeting applicable King County Road Standards, and any cut/fill slopes or retaining walls needed to allow others to construct this roadway. Any additional R/W needed to comply with this condition shall be determined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.030B) 19. To implement K.C.C. 2\A.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. 21A.38.230.B.4.d.(2). 20. 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. 21A.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 29th day of January, 2008. i g County Hearing Examiner pro tern NOTICE OF IUGHT TO APPEAL 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) 011 or before .February 12, 2008. 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 February 19, 2008. 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 3'' Avenue, Seattle, Washmgton 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. L05P0026-Threadgill Subdivision 14 MINUTES OF THE DECEMBER 18, 2007, JANUARY 8 AND 22, 2008 PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L05P0026. James N. O'Connor was the Hearing Examiner in this matter. Participating in the hearing were Barbara Heavey, Chad Tibbits, Kristen Langley, Nick Gillen and Bruce Whittaker representing the Department; Bill H. Williamson and Shupe Holmberg, representing the Applicant; Gwendolyn High, Intervenor and Ty Pendergraft, Ed Sewell, Ed McCarthy, Doris Yepez, Michelle Hohlbein, John N. Case, Ed McCarthy, Henry Perrin, Keith Brown, and Gary Norris. The following Exhibits were offered and entered into the record on December 18, 2007: Exhibit No. I Prepared remarks on the pre-hearing conference on CARE's petition to intervene Exhibit No. 2 Citizen's statements of support of the CARE petition to intervene Exhibit No. 3 Letter from Mary and Donald Hamblin to the Hearing Examiner's Office dated December 17, 2007 in support of the petition to intervene by CARE Exhibit No. 4 Threadgill vicinity development map The following Exhibits were offered and entered into the record on January 8, 2008: Exhibit No. 4A Annotated Threadgill vicinity development map by Shupe Holmberg Exhibit No. 5 Department of Development and Environmental Services File No. L05P0026 Exhibit No. 6 Department of Development and Environmental Services preliminary report dated Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 December 18, 2007 Application dated December 13, 2005 Environmental Checklist dated December 13, 2005 SEPA Mitigated Determination ofNon-Significance dated November 9, 2007 Exhibit No. 10 Affidavit of Posting indicating January 25, 2006 as date of posting and January 26, 2006 as the date the affidavit was received by DDES Exhibit No. 11 Revised preliminary plat map and site plan dated December 11, 2006 Exhibit No. 12 Revised Level I Downstream Analysis prepared by Baima & Holmberg, Inc., received December 11, 2006 Exhibit No. 13 Revised Critical Areas Report prepared by Sewall Wetland Consulting, Inc., received December 11, 2006 Exhibit No. 14 Revised Traffic Impact Analysis prepared by Gary Norris, received December 11, 2006 Exhibit No. 15 Exhibit No. 16 Exhibit No. I 7 Exhibit No. 18 Exhibit No. 19 Exhibit No. 20 Exhibit No. 21 Exhibit No. 22 Exhibit No. 23 Exhibit No. 24 Exhibit No. 25 Exhibit No. 26 Exhibit No. 27 Landscape Plan (Conceptual Recreation Space Plan) prepared by Lane & Associates, received December 11, 2006 King County Water District No. 90 Certificate of Water Availability dated December 13, 2004 Submittal package by the Citizen's Alliance for a Responsible Evendell dated January 4,2008 Drainage narrative King County Department of Assessments Map Density and Dimension Calculations Email from Ty Pendergraft to Bill Williamson, Shupe Holmberg and the Goodwins dated January 7, 2008, re: Sewer Availability King County Certificate of Water Availability Response to C.A.R.E. issues/concerns Letter to Bruce Whittaker ofDDES from Baima & Holmberg, Inc. dated January 7, 2008 re: Proposed Stormwater Control Report from Ed McCarthy, PE, re: Downstream Drainage Analysis Aerial photograph showing the downstream conveyance system Basin map L05P0026 -Threadgill Subdivision Exhibit No. 28 Exhibit No. 29 Exhibit No. 30 Exhibit No. 31 Exhibit No. 32 Exhibit No. 33 Exhibit No. 34 Exhibit No. 35 Exhibit No. 36 Exhibit No. 37 Exhibit No. 38 Exhibit No. 39 Liberty Grove and Liberty Grove Contiguous Street and Storm Drainage Plan (2 sheets) Sheet titled Option 1 -Alternate Storm Outfall Preliminary Road Improvement Plan Deli very Record/Receipts (3 pages) Letter to John & Nenita Ching, Donald & Andrea Gragg, Norm & Patricia Gammel from Curt W. Crawford, Manager, King County Stormwatcr Services Section dated April 13, 2007 DDES Permit Approval Actions Report Letter to James N. O'Connor from Peter H. Eberle dated December 17, 2007 Email to C.A.R.E. from Don & MaryEllen Hamblin dated December 17, 2007 Email to C.A.R.E. from Susan Oord dated December 16, 2007 Email to C.A.R.E. from Mike Ritchey dated December 16, 2007 Memo to DDES from Bob & Lynn Wilmot dated January 8, 2008 Letter to C.A.R.E. from John & Nenita Ching dated January 7, 2008 The following Exhibits were offered and entered into the record on January 22, 2008: Exhibit No. 40A Photo of Liberty Grove Contiguous drainage pond (under construction) Exhibit No. 40B Photo of path to the east on SE 135th Street alignment Exhibit No. 40C Photo of Hohlbein property Exhibit No. 41 HALS/HARS List Exhibit No. 42 Student walkways The following exhibit was entered into the record on January 25, 2008: 15 Exhibit No. 43 CARE: Threadgill Hearing prepared comments (January 22, 2008) with attachments JNOC:gao L05P0026 RPT January 29, 2008 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: hearex@metrokc.gov CERTIFICATE OF SERVICE SUBJECT: File No. L05P0026 THREADGILL SUDIVISION Preliminary Plat Application I, Ginger Ohrmundt, certify under penalty of perjury under the laws of the State of Washington that I transmitted the Report and Decision to the following parties of record and interested persons: Baima & Holmberg, Inc. Attn: Shupe Holmberg 100 Front St. S. Issaquah WA 98027-3817 Eagle Creek Land Dev. LLC Attn: Randy Goodwin 13701 SE 253rd St. Kent WA 98042 Eric & Michelle Hohlbein 16411 SE 135th St. Renton WA 98059 Gary Norris DN Traffic Consultants P.O. Box 547 Preston WA 98050 Seattle KC Health Dept. E. Dist. Environ. Health 14350 SE Eastgate Way Bellevue WA 98007 Gary E. Threadgill 1481 E. Ocean Shores Blvd. Ocean Shores WA 98569 John N. Case 16445 SE 135thSt. Renton WA 98059 Mary Ellen Hamblin 16210 SE 134th St. Renton WA 98059 Ed McCarthy 9957 -17lstAve. SE Renton WA 98059 Ty Pendergraft 33400 9th Ave. S., Ste. 120 Federal Way WA 98003 Terry Drake 16223 SE 136th St. Renton WA 98059 Gwendolyn High P.O. Box 2936 Renton WA 98056 Suzanne & Jerry Morgan 16327 SE 136th St. Renton WA 98059 Leonard G. Schwab 13323 -166th Ave. SE Renton WA 98059 Ed Sewell Rob Stewart Sewall Wetland Consulting, Inc.4032 -148th Ave. NE 1103 W. Meeker St., Ste. C Redmond WA 98052 Kent WA 98032 Bill H. Williamson Williamson Law Office P.O. Box 99821 Seattle WA 98139 Doris Yepez 16444 SE 135th St. Renton WA 98059 L05P0026--Thrcadgill Sub Gregg Zimmerman City of Renton -Planning 1055 S Grady Way Renton WA 98057 Nick Gillen DDES/LUSD MS OAK-DE-0100 Kristen Langley DDES/LUSD MS OAK-DE-0100 Larry West DDES/LUSD MS OAK-DE-0100 sion Kim Claussen DDES/LUSD MS OAK-DE-0100 Shirley Goll 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 Lisa Dinsmore DDES/LUSD MS OAK-DE-0100 Barbara Heavey DDES/LUSD MS OAK-DE-0100 Steve Townsend DDES/LUSD MS OAK-DE-0100 Bruce Whi !taker DDES/LUSD MS OAK-DE-0100 ['8] EMAILED to all County staff listed as parties of record/interested persons ['8] deposited with the United States Postal Service, with sufficient postage, as FIRST CLASS MAIL in an envelope addressed to the non-County employee parties of record/interested persons at the addresses indicated on the list attached to the original Certificate of Service. ['8] sent via County INTEROFFICE MAIL to County staff on the list attached to the original Certificate of Service. DATED January 29, 2008. /gao L05P0026 RPT CRT ("\ '--...:::c;-,;,_...,.~C":---._-·.,,_,,.<Q::.:-.._:'-:::.~==-~=-~L-=----· =- Ginger Ohrmundt Legislative Secretary 2 Uf,6i-, \-'vGb ~J ~(! Citizens' Alliance for a Responsible Evendell 425.336.4059 P.O. Box 2936 Renton, WA 98056 high/ands_neighbors@hotmail.com Hearing Examiner King County Hearing Examiner's Office 400 Yesler Way -Suite 404 Seattle WA 981 04 Fax: 206.296.1654 December 18, 2007 Prepared Remarks: Pre-Hearing Conference on CARE's Petition To Intervene in the Threadgill Plat Application (L05P0026) and related issues Dear Mr. Examiner, The Citizens' Alliance for a Responsible Evendell (CARE) Petition to Intervene should be granted as it meets all the relevant requirements of the Hearing Examiner's Rules of Procedure. Text presented in this document inside boxes is quoted from the Hearing Examiner's Rules of Procedure. X. PARTIES AND REPRESENTATION A. Intervention 1. Purpose a. Intervention as a matter of right. The examiner shall allow intervention in a proceeding by a person who is not a party who has a substantial property interest in the subject matter of the proceeding, or whose property is likely to be directly affected by the result of the oroceedino. CARE members own properties and reside in the community surrounding the proposed subdivision development. CARE and its members would be directly and adversely affected if the subject application is permitted and constructed according to the current ODES Preliminary Recommendations Report to the Hearing Examiner. CARE and its members are intensely concerned with protecting against physical damage to existing residences and properties as a result of site preparation, construction, and use associated wlTh this development. Recent developments in the area have resulted in tens of thousands of dollars of damage to surrounding properties and incalculable heartache. Such impacts would harm CARE members' interests in protecting their property values, along with their privacy and the quiet enjoyment of their property. X.A.1.b. Discretionary intervention. Intervention may be allowed in the discretion of the examiner when participation of the intervenor as a party would be in the public interest. CARE's participation in this matter is in the public interest. We are primarily interested in ensuring coordinated and responsible development of the community consistent with state and local laws and regulations. We bring historical experience and familiarity with the existing conditions of our community as well as the detailed understanding of the probable negative impacts that must be adequately mitigated. Our intent is to facilitate the appropriately thorough consideration of the facts that bear on this proposed project. CARE is a Washington State non-profit corporation representing over 500 households in this community. Since 2001 we have an established record of acting as a conduit for the valid concerns of owners and residents of this community to the elected officials and departments of the government entities who hold jurisdiction here. We have previously participated before this office as Intervenor in the matters of the Reclassificiation and Plat Applications for the Evendell (L01 P0016 and L01TY401 ), Liberty Grove (L03P0006/L03TY403), Liberty Grove Contiguous (L03P0005/L03TY401) and Nichols Place (L03P0015) subdivision projects. We also represented the community and the directly affected owners in the damage complaints from the flooding and other negative impacts suffered from these projects as well. -. X.A.2. Method A petition to intervene may be made orally or in writing, subject to the following limitations. Every petition shall be supported by facts sufficient to justify the request. Such facts may be presented by affidavit or, if the petition is oral, by testimony and exhibits. a. Time limits for petition (2) A petition for intervention at the discretion of the examiner should be submitted at the earliest stage in the proceeding that the petitioner has knowledge of facts which give rise to the appropriateness or need for intervention. Petitions submitted subsequent to the introduction of substantial evidence will normally be denied for untimeliness in the absence of a strong showing of need. b. Content of petition. A written petition to intervene should state: • The name, address and telephone number of the person seeking to intervene; • The name, address and telephone number of petitioner's attorney or other representative, if any; • The specific nature and extent of petitioner's property interest which may be affected by the proceeding, or the specific reason why intervention would be in the public interest; and • Petitioner's claim, concern, or other statement of position in regard to the matter in controversy, including a statement as to the desired outcome with respect to oetitioner's interest. CARE's Petition To Intervene dated 12/10/2007 fulfils the specification of the timeliness and content rules. X.B. Representation Optional Representation by an attorney is not required as a condition of full participation in any proceeding before the examiner. The examiner will make reasonable accommodations and allowances to assure that persons unfamiliar with these proceedings are enabled to participate effectively. Any person, group or organization may be assisted by any person of his, her or its choosing for the purpose of presenting written or oral arguments, entering exhibits, or otherwise participating in a hearing. X.C. Use of Representative Parties Multiple parties and interested persons who have similar interests are encouraged to select one or two persons (who may or may not be attorneys) as representatives for the purpose of accepting service of documents, motions and notices, scheduling of hearings, and otherwise facilitating the efficient and economical management of cases having numerous participants. In the absence of selection by the parties or interested persons, the examiner may designate a representative partv or oarties when reasonably necessarv for efficient and economical case manaqement purposes. As stated in our Petition to Intervene, Gwendolyn High, our president, will speak for CARE and its membership in these matters. CARE reserves the right to present expert witnesses and testimony during the proceedings subsequent to today's Pre-Hearing Conference. It is necessary for the Public Interest for this Petition to Intervene to be granted. The nature and degree to which this community will be affected by the proposed project places a tremendous responsibility on King County, DOES, the developer and builder, and the community to thoroughly investigate the current conditions, the proposed impacts in order that full and reasonable mitigating measures will be required of this project to protect the life and properties of the community. The rights afforded an Intervenor greatly facilitate the efficient and deliberate consideration of voluminous evidence and testimony. Through our Intervention, we will: 1) Consolidate testimony from very many interested parties; hastening the conclusion of the comment periods and the hearing overall, 2) Minimize redundancy of evidentiary submissions to the record; facilitating a coherent and streamlined record 3) Provide new and critically relevant factual data necessary for the thorough and responsible consideration of this Plat Application. CARE requests that this document be entered into the Record. Additionally, we request that the attached Statements of Support submitted by members of our community should also be entered into the Record and that all due weight be given to these statements from our neighbors in the consideration and decision on this Petition to Intervene. Respectfully submitted, "A /~J l~L . _4J ;!::-vt;{;; · J c0 · - ' Gwendolyn Hig president .... Submitted December 18, 2007 Citizens' Alliance for a Responsible Evendell Annexation Committee 425.336.4059 P.O. Box2936 Renton. WA 98056 highlands_neighbors@hotmail.com Citizens' Statements of Support of the CARE Petition to Intervene Threadgill plat application Tom (TDCarp@comcast.net) ',,.,, Mon 12/17/07 1:33 PM 'Highlands Neighbors' (highlands_neighbors@hotmaiL com) Gwendolyn, I will not be able to attend the meeting tomorrow but I wanted you to know that I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Tom Carpenter 15006 SE 139th PL Renton WA 98059 President, Four Creeks Unincorporated Area Council James N. O'Connor King County Hearing Examiner Pro Tern 400 Yesler Way -Room 404 Seattle, WA 98104 Barbara Heavey King County DOES -LUSD 900 Oakesdale Avenue SW Renton, WA 98055 Dear Sir or Madam: December 17, 2007 I am a long time resident of the East Renton Plateau of unincorporated King County. My address is 18225 SE 147 1h St., Renton, WA 98059.Due to unforeseen circumstances I will be unable to attend the Prehearing Conference concerning the Threadgill plat on December 18, 2007. Therefore, I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell (CARE) in all matters related to the Threadgill plat application File No.LOSP0026. I feel that the county and the public in general should take care in supervising all new development to prevent damage to adjacent and down stream properties in the future, including a review of all the impacts that will be felt by the community as a whole. Thank you for your consideration. Sincerely, Peter H. Eberle 18225 SE 14 7th Street Renton, Wa. 98059 December 14, 2007 TO: Mr. James O'Conner Hearing Examiner Dear Mr. O'Conner: I'm unable to attend the Pre-Hearing Conference scheduled for Tuesday, December 18" but wanted to submit this written documentation for the record to show that I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Thank you. Sincerely, Vanessa McDonald 14301 166" Pl. SE Renton, WA 98059 James N. O'Connor King County Hearing Examiner Pro Tern 400 Yesler Way -Room 404 Seattle, W A 98104 Barbara Heavey King County DOES -LUSD 900 Oakesdale A venue SW Renton, WA 98055 Dear Sir or Madam: December 17, 2007 I am a long time resident of the East Renton Plateau of unincorporated King County. My address is 18225 SE 147'h St., Renton, WA 98059.Due to unforeseen circumstances I will be unable to attend the Preheating Conference concerning the Threadgill plat on December 18, 2007. Therefore, I support the Petition to Intervene submitted by Citizens' ~~ Alliance for a Responsible Evendcll (CARE) in all matters related to the Threadgill plat ~\ application File No.L05P0026. I feel that the county and the public in general should take, .~ / care in supervising all new development to prevent damage to adjacent and down stream \}'J' properties in the future, including a review of all the impacts that will be felt by the community as a whole. Thank you for your consideration. Sincerely, Deborah L. Eberle 18225 SE 147'h Street Renton, Wa. 98059 Statement of Support r ,:,rr Floyd Albright (Floyd@fastimagesystems.com) , ,0 r Mon 12/17/07 10: 12 AM r, 'Highlands Neighbors' (highlands_neighbors@hotmail.com) To whom it may concern: I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Regards, Floyd Albright 16427 SE 147th Street Renton, WA 98059 Re: CARE Update: Please send in your statement of support' , , •: hamboni@juno.com (hamboni@juno.com) ,, Mon 12/17/07 6:27 AM high I and s_n ei g h bo rs@h otm a i I. com We are dropping off a statement at DDES in support of the petition to intervene. Also we will attend. We understand we will not speak but one of our concerns is tree removal which can destabilize trees that remain. We also have a general concern about alterations of natural drainageways and destruction of wetlands. Thank you. Don and MaryEllen Hamblin Statement of Support ·, NELSON & ANN COLLIN (collinfamily@msn.com) ·> .I Sun 12/16/07 8:01 PM Highlands Neighbors (highlands_neighbors@hotmail.com) Ann and Nelson Collin 13504 181 Ave SE Renton, WA 98059 Although neither of us are able to attend the meeting, we want our voices added to those who support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell. We support our neighbors regarding matters referring to the Threadgill plat application File No.L05P0026. Regards, Ann and Nelson Collin Re: CARE Update: Please send in your statement of support' FI Toolmanjim4S@aol.com Sun 12/16/07 7:25 PM highlands_neigh bors@hotmail.com As a resident of the affected area, I wish to express my full support for the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters relating to the Threadgill plat application --File No. L05P0026. Thank You! Jim Sullivan, P.O. Box 3138, Renton, WA 98056-0007 (15617 SE 143rd St., Renton, WA 98059) Hm: 425-271-4821 Bus: 425-226-3322 Cell: 206- 755-8296 Petition Support , , • ·:Susan Oord (susanoord@yahoo.com) ·, Sun 12/16/07 3:41 PM hig hlands_neigh bors@hotmail.com I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.LOSP0026. I live on SE 136th St. just 2 lots east of the intersection of 160th Ave. SE. As Liberty Grove Contiguous has gotten developed and the 2nd entry to the development put in off SE 136th St., our road has gotten extremely busy just from construction work. While sidewalks were installed all around us, our area of 136th St. has not received sidewalks but just gravel pullouts. I am concerned that as the Threadgill plat gets developed, this will increase the traffic even more on 136th St. and if 162nd Ave. SE is extended down to SE 144th St. and if any of these east/west streets are allowed to go through to Liberty High School, I am expecting the traffic to increase tremendously. When I moved into this house 5 years ago, I did not anticipate my road to become a thru street to other areas. As a mother of two young children, I don't even feel safe to allow my kids to play in the front yard without close supervision due to the traffic (speeding is an issue also). :;,,.., While the Threadgill development might be built, I am in opposition to allowing ' ' .~" ; 162nd Ave. SE to be extended to SE 144th St. and for any routes to Liberty High ~\I) 1 School to be punched through from 162nd Ave. SE. I think the current thru routes to ~ \ SE 144th St. and Liberty High School provide adequate access to these areas. While D I understand that development is inevitable due to the land available in this area, I believe that minimizing the impact on other homeowners in this area is imperative and the responsibility of King County. Susan Oord 206-409-7473 16013 SE 136th St. Renton, WA 98059 Plat Application , .Shirley Gaunt-Smith (gauntsmith@comcast.net) '.·,'fr Sun 12/16/07 3:10 PM highlands._neig h bors@hotmail.com I support the Petition to Intervene submitted by Citizens' Alliance ror a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Shirley Gaunt-Smith, a citizen of Renton 4102 NE 6th Pl. Renton, WA 98059 RE: CARE Update: Please send in your statement of support! , , Mike Ritchey (mike-ritchey@comcast.net) Sun 12/16/07 2:49 PM 'Highlands Neighbors' ( highlands_neighbors@hotmaiL com) You have our full support. We live at 14225 1641h Ave SE to the south of the Liberty ball fields. There is 5 acres to our north that they want to develop and we are very concerned for traffic and water run off. A number of years ago they made an attempt to develop the acreage and in doing so caused the water flows to change and ourselves and neighbors had water under our homes. None had water prior to the skinning of the lots. ~~::,t We are also very concerned about pushing 1641h Ave SE through and the increased amount of '()\ t,~ traffic. We have lived in our home since we built it in 1990. We get a lot of traffic during the ball rSl'- season when people park and walk into the Liberty ball fields. The parking in front of our home and neighbors leads to the dumping of ash trays, garbage and the blocking of the mail boxes for deliveries. It would be very nice if the developments left a green belt from the exiting homes to help protect the wildlife and preserve our views of a rural environment. Mike Ritchey , Cynthia Allen (cmall@comcast.net) ,,, Fri 12/14/07 7:10 PM Highlands Neighbors (highlands_neighbors@hotmaiLcom) Hi Gwen, I cannot make the meeting but I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026, Cynthia Allen 13110 164th Ave SE Renton, 'Na, 98059 Thanksl! Carlin (Trifler@comcast.net) Fri 12/14/07 4:46 PM Highlands Neighbors (highlands_neighbors@hotmail.com) I'm not sure if I live in the right area, but just in case: I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Sincerely, Carlin R. Buchanan 14055 183'' Ave. SE Renton, Wa 98059-7654 ··,. , c Floyd Albright (floyd@fastimagesystems.com) ' Mon 12/17/07 10:14 AM T,. · 'Highlands Neighbors' (highlands_neighbors@hotmail.com) To whom it may concern: I support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Regards, Helen Albright 16427 SE 147th Street Renton, WA 98059 Petition to Intervene t r~,r;' Fossum, Mark R (mark.r.fossum@boeing.com) '··· Mon 12/17/07 12:43 PM Highlands Neighbors (highlands_neighbors@hotmail.com) My wife and I support the Petition to Intervene submitted by Citizens Alliance for a Responsible Evendell (CARE) in matters related to the Threadgill plat application File No.LOSP0026. Mark R. Fossum 14220 145th Pl SE Renton WA 98059 DECEf3ER 17, 2007 TO: GF?I CS O? TEE HEARii'JG EXAf, II, En HE: APPLICATION .// L05P0026 ~ir, Hearing Examiner, As residents of the East Renton Plateau for 37 years we feel that it is extremely important for the neighbors who will be impacted by a new development to have a voice in the process, Since this development will not only have a major impact by itself, the cumulative effect of this and the several projects which have occurred recently is potentially enorTous to the entire plateau. Because of this, we strongly support the petition to intervenP sub- mitted by C.A H.E. (Gwendolyn High, Pres.) 2dward J, "!ill 13527 156 Ave SE :-J.en ton, WA 980 59 June B. Hill 1}527 156 Ave SE Renton, WA 98059 hristy J, Hill 13527 156 Ave SE Henton, WA 98059 'petition From: Robert Emerson (emersonbobjan@,,,sn.com) Sent: Mon 12/17/07 10:35 PM To: highlands_neighbors@hotmail.com I support the Petition to Intervene submitted by Citizens' Alliance for Responible Evendell in matters related to the Threadgill plat application file No. LOSP0026. Janet & Robert Emerson 14035 169th Ave. SE Renton, WA 98059 Threadgill plat application From: Fred Jaques (fredjaques@comcast.n ....... , Sent: Mon 12/17/07 7:05 PM To: Neighbors Highlands (highlands_neighbors@hotmail.com} To whom it may concern, We support the Petition to Intervene submitted by Citizens' Alliance for a Responsible Evendell in matters related to the Threadgill plat application File No.L05P0026. Fred and Helga Jaques 13114 158th Ave. SE Renton WA 98059 Mr. James O'Connor, Hearing Examiner 900 Oaksdale Avenue Renton, WA. 98057 RE: File No. L05P0026 16210 S.E. 134th St Renton, WA. 98059 December 17, 2007 We are writing in support of the petition to intervene in this matter filed by the Citizens' Alliance for a Responsible Evendell. MaryEllen Hamblin Donald E. Hamblin Dec 14 2007 3:04PM HP LASERJET 3330 701 S'ih Avenue -Suite 5500 Cohm,bia Cmt~r Tower Seattle, WA 9BlC4 206.262.0:ns Fax/~06.i9Sl.04l I Office u:w1..1,.lariJ-w;caJU,rney.(om Fax To: Fax: James N. O'Connor• (fax & ABC Messenger Service) King County Hearing Examiner Pro Tern 400 Yesler Way-Room 404 Seattle, WA 98104 Barbara Heavey (vie fax & email) King County ODES -LUSD 900 Oakesdale Avenue SW Renton, WA 98055 (206) 296--1654· (206) 296-7051 From: \\'!LI.I \\ISO~ L.\ \\' ()] 'J'l('l: Bill H. Williamson Attorney for Applicant Eagle Creek Development, LLC (206) 296-4660' Phone: (206) 296-7222 Date: December 14, 2007 Threadgill Plat & SEPA Appeal of Threshold Determination - Cancellation of Hearing on Plat & cc: SEPA Appeal (L05P0026} Randy Goodwin (via email) X Urgent D Please Comment D Plaa•e Reply D Please Recycle p. 1 , Dec 14 2007 3:04PM ,,_ LASERJET 3330 December 14, 2007 Dear Mr, Examiner: My client, applicant, Eagle Creek Land Development, LLC submits its reconsideration to your Ruling of December 14, 2007 regarding the application of KCC 20.24,145 procedures, This Motion is also being emailed to your office and to Ms. Heavey of ODES as she has requested. Sincerely, Bill H. Williamson Cc: CARE CcnfldendaHty Notice This facsimile transmssion and any accompanying documents are intended for use only by the individual or entity named above and may contan confrdeotial infonnation belonging to the sender protected by the -mey-elient privilege. If you am not the intended recipient, you are hereby notified that any dsclosure, copying or distribution of or any reliance on this information is sbictly prohibited. lf you have received this transmission in error, please notify the sender immediately to arrange for return of the documents. Threadgill-Examiner Fax, 121407,doc • Page 2 f'. 2 •Dec 14 2007 3:04PM LASERJET 3330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BEFORE TO THE KING COUNTY HEARING EXAMINER In Re: The Proposed Preliminary Plat of Threadgill Subdivision and Appeal of Mitiipted Determination ofNon- Sigmficance. NO. L05P0026 MOTIOXFOR RECONSIDERATION OF EXAMINER'S ORDER CANCELLING HEARING TO: OFFICE OF THE KING COUNTY HEARING EXAMINER 400 Yesler Way-Room 404 Seattle, WA 98104 Telephone: (206) 296-4660 Fax: (206) 296-1654 Barbara Heavey & Chad Tibbits King County ODES 900 Oakesdale Avenue SW Renton, WA 98055 Telephone: (206) 296-7222 Fax: (206) 296-7051 Ibe Plat Applicant, Eagle Creek Development, LLC moves the Examiner for reconsideration under the error of law standard under Rule VI.G of the Examiner's Ruling of December 14, 2007 attached herein for the follow grounds: MOTION FOR RECONSIDERATIO'°' THREADGILL PLAT-l WILLIAMSON LAW OFFICE Columblo Center Tower-Suite 5500 701 5tt, Av!Mlue -P.O. Box 99B21 S&attle, WA 9813 9-0821 1206) 292-0411\FAX (206) 292-0313 p.3 , Dec 14 2007 3:04PM ''~ LASER JET 3330 1 2 3 4 5 L The Examiner has cited KCC 20.24.145 as requiring that a Pre.Hearing Conference be held in every appeal to the Examiner. However, this requirement applies only ifit is ''timely requested by a party." 2. The only party requesting a Pre.Hearing Conference was King County 6 DDES represented through Barbara Heavey. 7 8 9 10 11 12 13 3. Ms. Heavey's request for a Prehearing Conference was made to the Examiner on December 12, 2007, some six (6) days before hearing on the Plat and SEPA Appeal, which ODES admits was timely filed and received on November 29, 2007. The Examiner's Office also received the SEPA appeal on November 29, 2007 as acknowledged in the attached Examiner's ruling of December 14, 2007. 4. Under KCC 20.24.145 the request made by any party to a Pre·Hearing 14 Conference has to be "timely" to allow the Examiner to schedule the Pre.Hearing 15 Conference no less than 14 days prior to the scheduled hearing. 16 17 18 19 20 21 22 5. Ms. Heavey and DOES did nothing after receiving the SEPA appeal on November 29, 2007 until six (6) days before the hearing making it impossible for the Examiner to schedule a Pre-Hearing Conference before the 14 day period required under KCC 20.24. 145. DDES could bave filed this request during the period of November 29, 2007 through December 3, 2007, but failed to do so. 6. DOES Pre-Hearing Conference request is not timely. The Examiner has 23 not Ween this requirement into consideration in his Ruling of December 14, 2007. 24 MOTION FOR RECONSIDERATION THREADGILL PLAT • 2 WILLIAMSON lAW OFFICE Columbia cen-er Tower-Si.ite 5500 701 5th AveN...e -P.O. Box 99821 Seattle, WA 98139-0821 (2061 292·0411 'fAX (2061 292-03 C 3 p.4 Dec 14 2007 3:04PM .. n LASERJET 3330 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. ODES has accordingly waived any right to request a Pre-Hearing Conference, and may only raise the issues which are in dispute, their witnesses, and laws affected by the SEPA appeal in the scheduled hearing itself. 8. Additionally, ODES itself requested that the hearing go forward as scheduled on December 18, 2007, anticipating that settlement on SEPA appeal hearings would take place between the parties before December 18, 2007. Randy Goodwin, a principal of Eagle Creek, indicates that settlement has been reached with ODES, and is prepared to withdraw the appeal upon presentation of this condition to the Examiner on December 18, 2007. 9. The Cancellation Order should be withdrawn and the planned hearing opened on the Plat and SEPA appeal as presently scheduled on December 18, 2007. Alternatively, the parties should report to the Examiner's Office on December 18, 2007, and provision made then and there to continue the hearing to a later and mutually agreeable date in January of 2008. DATED lrns / ~ay of December 2007 at Seattle, WA. • MOTION FOR RECONSIDERATION THREADGILL PLAT -3 on, WSBA #4304 Attorney for Appellant/Petitioner , WILLIAMSON LAW OFFICE Columbia Center Tower-Sul1e 5500 701 5th Avenue -P.O. Box 99821 Seattle, WA 913, 139-08 21 (2061292-0411\f.A)( 1206) 292-031 J p.5 .Dec 14 2007 3:04PM H~ LASERJET 3330 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Certificate of Mailing On this 14th day of December, 2007, I certify that I caused the above entitled document to be mailed first class to the following· (1) Barbara Heavey & Chad Tibbits King Cmmty DDES 900 Oakesdale Avenue SW Renton, WA 98055 Telephone: (206) 296-7222 Fax. (206) 296-7051 (2) OFFICE OF TllE KING COUNTY HEARING EXAMINER 400 Yes/er Way Room 404 Seattle, WA 98104 Telephone: (206) 296-4660 Fax: (206) 296-1654 MOTION FOR REC0"1SIDERATIOK THREADGILL PLAT -4 WILLIAMSON LAW OFFICE Columb'o Ce1ter Tower-Sul!& 5600 701 5th Avenue-P 0. Box Q9821 Se<lttle, WA 98139-0821 (206) 292-0411\FAX (206) 292-0313 p.6 , . Dec 14 2007 3:04PM "n LASERJET 3330 reason far the deferral shall be stated in the examiner's recommendation or decision. The time period may be extended by the examiner at tile examiner's discretion for not more 1han thirty days. (Ord. 12196 § 28, 1996: Ord. 11502 § 14.1994). 20.24.098 Time llmijs, In all matters where the examiner holds a hearing on applications under K.C.C. 20.24.070, the hearing shall be completed and the examiner's written report and recommendations issued within twenty-one days from the date the hearing opens, excluding any time required by the applicant or the department to obtain end provice additional lnfonmation requested by the hearing examiner and necessary for final action on the application consistent with applicable laws and regulations. In every appeal heard by the examiner pursuant to K.C.C. 20.24.080, the appeal process, including a written decision, shall be completed within ninety days from the date the examiner's offJCe is notified of the filing of a notice of appeal pursuant to K.C.C. 20.24.090. When reasonably required to enable the attendance of all necessary parties at the hearing, or the production of evidence. or to otherwise assure that due process is afforded and the objectives of this chapter are met, these time periods may be extended by the examiner at the examiner's discrefon for an additional thirty days. With the consent of all parties, the time periods may be extended indefinitely. In all such cases, the reason for such deferral shal be stated in the examiner's recommendation or decision. Failure to complete the hearing process within the stated time shall not terminate the jurisdiction of the examiner. (Ord.13097 § 4, 1998: Ord. 11502 § 15, 1994). (King County 6-2006) Hl=ARING EXAMINER 20.24.100 -20.24.150 20.24.100 Condition, modlficallon and restriction examples. The examiner is authorized ta impose conditions, modifications and restrictions. including but not limited to setbacks, screerings in the form of landscaping or fencing, covenants, easements, road improvements and dedications of additional road right-of-way and performance bonds as aut~orzed by county ordinances. (Ord. 12196 § 30, 1996: Ord 263 Art. 5 § ?(part), 1969). W.24.110 Quasi-Judicial powers. The examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by county ordinance. (Ord. 153 Art. 5 § 8, 1969). 20.24.120 Freedom from Improper Influence. Individual councilmembers, county officials or any other person, shall not interfere with or attempt to Interfere with the examiner or deputy examiner in the performance of his or her designated duties. (Ord. 12196 § 31, 1996: Ord. 253 Art. 5 § 9, 1959). 20.24.130 Public hearing. When it is found that an application meets the filing requirements of the responsible county department or an appeal meets the filing rules, it shall be accepted and a date ass;gned for public hearing. If for any reason testimony an any matter set for public hearing, or being heard, cannot be p.7 completed on the date set for such heartng, the matter shall be continued ta th.e soonest available date. A -- matter should be heard, to the extent practicable, on consecutive days until it is concl~ded. For purposes of proceedings identified in K.C.C. 20.24.070 and 20.24.072, the public hearing by the examiner shall constitute the hearing by the council. (Ord. 12196 § 32, 1996: Ord. 11502, § 5, 1994: Ord. 4461 § 4, 1979). I 20.24.140 Consolidation of hearings. Whenever a project application includes more than one CY"") county penmit, approval or determination far which a public hearing is required or for which an appeal is I provided pursuant to this chapter, the hearings and any such appeals may be consolidated into a single >< proceeding before the hearing examiner pursuant to KC.C. 20.20.020. (Ord. 12196 § 33, 1996: Ord. 11502 L.L..J § 6, 1994: Ord. 4461 § 5, 1979). 20.24.145 Pre-hearing conference. A pre-hearing conference may be called by the examiner pursuant to this chapter upon the request of a party, or on the examiner's own motion. A pre-hearing conference shall be held in every appeal brocght pursuant to this chapter If timely requested by any party. , ./ The pre-hearing conference snail be held at such time as ordered by the examiner, but na'. less than ~ fourteen days prior to the scheduled hearing on not less than seven days nofoe ta those who are then parties of record to the proceeding. The purpose of a pre-hearing conference shall be to identify ta the extent possible, the facts in dispute, issues, laws, parties and witnesses in the case. In addition the pre-hearing 20-71 , Dec 14 2007 3:05PM H-LASERJET 3330 conference is intended to establish a timeline for the presentation of the case. The aKaminer shall establish rules for the conduct of pre-hearing conferences. Any party who does not attend the pre-hearing conference, or anyone who becomes a party of record after notice of the pre-hearing conference has been sent to the parties, shall nevertheless be entitled to presem testimony and evidence to the examiner at the hearing. (Ord. 12196 § 34, 1996: Ord. 11502 § 12, 1994). 20.24.150 Report by department. When an application or appeal has been set for public hearing, the responsible county department shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application or a;,peal and shall prepare a report summarizing the factors involved and the department findings and recommendation or decision. At least fourteen calerdar days prior to the scheduled hearing, the report, and in the case of appeals any written appeal arguments submitted to the county, shall be filed with the examiner and copies thereof shall be mailed to all persons of record who have not previously received said materials. (Ord. 12195 § 35, 1996: Ord. 4461 §6, 1979: Ord. 263Art. 5 § 11, 1969). 20.24.160 -20.24.180 20.24.160 Notice. (King County 6-2006) PLANNING A. Notice of the time and place of any hear:ng on an application before the hearing examiner pursuant to this chapter shall be mailed by first class mail at least fourteen calendar days prior to the scheduled hearing date to all persons who commented or requested notice of the hearing. The notice of decision or recommendation required by K.C.C. TiUe 20 may be combined with the notice of hearing required hereby. B. Notice of the time and place of any appeal hearing before the hearing examiner pursuant to this chapter shall be mailed to ail parties of record by first class mail at least fourteen calendar days prior to the scheduled hearing date. C. If testimony cannot be completed prior to adjournment on the date set for a hearing, the examiner shall announce prior to adjournment the time and place said hearing will be costlnued. (Ord. 12196§36, 1996: Ord.11502§7, 1994) Ord.4461 §7, 1979: Ord. 263Art.5§ 12.1969). 20.24.170 Rules and conduct of hearln9s. A.1. The examiner shall adopt rules, including any amendments to the rules, for the conduct of hearings and for any mediation process consistent with this chapter. 2. The hearing examiner may propose amendments to the rules by filing a draft of the amendments and a draft of a motion approving the amendments in the office of the clerk of the council, for distribution to all councilmembers for review. At the same time as the filing of the draft, the hearing examiner shall also distribute for comment a copy of the proposed amendments to any county department that has appeared before the examiner in the year before the filing of proposed amendments and to any other parties who have requested to be notified of proposed amendments to the rules. Comments to the proposed amendments may be filed with the clerk of the council for distribution to all councilmembers for sixty days after the proposed amendments are distributed for comment. The amendments shall take effect when they have been approved by the council by motion. 3. The hearing examiner shall publish the rules and any amendments to the rules and make them available to the public in printed and electronic forms and shali post the rules and any amendments to the Internet. B. The examiner shall have the power lo issue summons and subpoena to compel the appearance of witnesses and production of documents and materials, to order discovery. to admin'ster oaths and to preserve order. C. To avoid unnecessary delay and to promote efficiency of the ~earing process, the examiner shall limit :estimony, including cross examination, to that which is relevant to the matter being heard, in light of adopted county policies and regulafions and shall exclude evidence and cross examination that is irrelevant, 20-72 p.8 12/18/2007 The applicant is represent by Bill Williamson. I have forwarded your attached petition to him and to the hearing examiner. While ODES has requested a pre-hearing conference for the applicant's appeal, we are also in on-going settlement discussions. If a~ agr,tement is reached the appeal will be withdrawn and ODES will recommend that the public hearing go forward on Tuesday, December 18th. If you wish to testify in the public hearing you should be prepared to do so on Tuesday regardless of DDES's request. · Barbara Heavey From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 1:14 PM To: Heavey, Barbara Cc: Tibbits, Chad Subject: RE: Threadgill L07AP018 inquiry Hello Again Ms. Heavey, Thank you for your excellent and speedy response. I especially appreciate your recommendations for improvements to our submission process. I have attached a copy of our petition to intervene for your (DOES) records. I would also be most grateful if you might provide email or other appropriate contact information for the applicant so that I can send them a copy as well. Thank you for your time and assistance, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org • Subject: RE: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 11:56:06 -0800 From: Barbara.Heavey@kingcounty.gov To: highlands_neighbors@hotmail.com CC: Chad.Tibbits@kingcounty.gov This is an appeal by the applicant. The County had settlement discussions with the applicant last week. Unless a settlement agreement is reached the county will request a pre-hearing conference. It is our expectation t~e the hearing scheduled for 12/18 will be the pre-hearing conference unless the examiner decides to continue it to a future date. The examiner could decide to open the hearing and take public testimony from anyone who appears at the 12/18 hearing and does not want to return at a future date. If you have petitioned the examiner for intervention, that motion will also have to be heard at a pre-hearing conference. You should serve all motions on all of the parties, including the county and the applicant. Page 2 of 4 l 2/l 8/2007 From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 11:34 AM To: Heavey, Barbara; Tibbits, Ch\Jd Subject: RE: Threadgill L07AP018 inquiry Thanks, Mr. Tibbetsl Hello Ms. Heavey, I am hoping to understand the impact of the applicants' SEPA appeal on the application hearing scheduled for 12/18. We have petitioned the Hearing Examiner to intervene for the plat application, and will almost certainly attend and hope to participate in the SEPA appeal as well. However, in order to to make timely arrangements with my employer, the sooner I understand the anticipated scheduling, the better. Please feel free to call me at my office to chat -425.635.0709 ext 194 from 6: 30 to 3 weekdays. Thank you both, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Subject: FW: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 10:03:30 -0800 From: Chad.Tibbits@kingcounty.gov To: highlands_neighbors@hotmail.com I'm sorry Gwedolyn1 You were my intended recipient and it went only to Barbara. From: Tibbits, Chad Sent: Tuesday, December 11, 2007 7:26 AM To: Heavey, Barbara Subject: FW: Threadgill L07AP018 inquiry Hello Ms. High, I am going to forward you on the Project Manager. Barbara Heavey, that has been assigned to handle the appeal. I will cc her 1n this email response so you will have her contact information. Sincerely, Chad Tibbits Planner From: Highlands Neighbors [mailto:highlands_neighbors@hotmail .com] Sent: Tuesday, December 11, 2007 6:42 AM To: Tibbits, Chad Page 3 of4 12/18/2007 Subject: Threadgill L07AP018 inquiry Good Morning, Mr. Tibbits, I am following up on my phone message of 12/10/2007. I am trying to understand the nature and scope of the subject appeal action. I am particularly interested to learn the possible impact on the related application LOSP0026. Please give me a ring at your earliest convenience - 425.336.4059. If I miss your call, please let me know in your message the best time to return your call. I will also call this morning in hopes of catching you. Thank you, Gwendolyn High C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Page 4 of 4 Heavey, Barbara From: Highlands Neighbors [highlands_neighbors@hotmail.com] Sent: Thursday, December 13, 2007 5:53 AM To: Heavey, Barbara Cc: Tibbits, Chad Subject: RE: Threadgill L07AP018 inquiry Good Morning, Ms, Heavey, Thank you on all points, We will be prepared for Tuesday. I look forward to meeting you then, Gwendolyn CAR.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Subject: RE: Threadgill L07AP018 inquiry Date: Wed, 12 Dec 2007 15:15:34 -0800 From: Barbara.Heavey@kingcounty.gov To: highlands_neighbors@hotmail.com CC: Chad.Tibbits@kingcounty.gov Ms. High, Page 1 of3 The applicant is represent by Bill Williamson. I have forwarded your attached petition to him and to the hearing examiner. Wliile DOES has requested a pre-hearing conference for the applicant's appeal, we are also in on- going settlement discussions. If an agreement is reached the appeal will be withdrawn and ODES will recommend that the public hearing go forward on Tuesday, December 18th. If you wish to testify in the public hearing you should be prepared to do so on Tuesday regardless of DDES's request. Barbara Heavey From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 1: 14 PM To: Heavey, Barbara Cc: Tibbits, Chad Subject: RE: Threadgill L07AP018 inquiry Hello Again Ms. Heavey, Thank you for your excellent and speedy response. I especially appreciate your recommendations for improvements to our submission process, I have attached a copy of our petition to intervene for your (DOES) records, I would also be most grateful if you might provide email or other appropriate contact information for the applicant so that I can send them a copy as well. 12/18:2007 Thank you for your time and assistance, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org 12/18/2007 Subject: RE: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 11:56:06 -0800 From: Barbara.Heavey@kingcounty.gov To: highlands_neighbors@hotmail.com CC: Chad.Tibbits@kingcounty.gov This is an appeal by the applicant. The County had settlement discussions with the applicant last week. Unless a settlement agreement is reached the county will request a pre-hearing conference. It is our expectation the the hearing scheduled for 12118 will be the pre-hearing conference unless the examiner decides to continue it to a future date. The examiner could decide to open the hearing and take public testimony from anyone who appears at the 12118 hearing and does not want to return at a future date. If you have petitioned the examiner for intervention, that motion will also have to be heard at a pre-hearing conference. You should serve all motions on all of the parties, including the county and the applicant. From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 11:34 AM To: Heavey, Barbara; Tibbits, Chad Subject: RE: Threadgill L07AP018 inquiry Thanks, Mr. Tibbets' Hello Ms. Heavey, I am hoping to understand the impact of the applicants' SEPA appeal on the application hearing scheduled for 12/18. We have petitioned the Hearing Examiner to intervene for the plat application, and will almost certainly attend and hope to participate in the SEPA appeal as well. However, in order to to make timely arrangements with my employer, the sooner I understand the anticipated scheduling, the better. Please feel free to call me at my office to chat -425.635.0709 ext 194 from 6:30 to 3 weekdays. Thank you both, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Page 2 of3 12/18/2007 Subject: FW: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 10:03:30 -0800 From: Chad.Tibbits@kingcounty.gov To: highlands_neighbors@hotmail.com I'm sorry Gwedolynl You were my intended recipient and it went only to Barbara. From: Tibbits, Chad Sent: Tuesday, December 11, 2007 7:26 AM To: Heavey, Barbara Subject: FW: Threadgill L07AP018 inquiry Hello Ms. High, I am going to forward you on the Project Manager, Barbara Heavey, that has been assigned to handle the appeal. I will cc her in this email response so you will have her contact information. Sincerely, Chad Tibbits Planner From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 6:42 AM To: Tibbits, Chad Subject: Threadgill L07AP018 inquiry Good Morning, Mr. Tibbits, I am following up on my phone message of 12/10/2007. I am trying to understand the nature and scope of the subject appeal action. I am particularly interested to learn the possible impact on the related application LOSP0026. Please give me a ring at your earliest convenience -425.336.4059. If I miss your call, please let me know in your message the best time to return your call. I will also call this morning in hopes of catching you. Thank you, Gwendolyn High C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Page 3 of3 Heavey, Barbara From: Sent: Highlands Neighbors [highlands_neighbors@hotmail.com] Friday, January 04, 2008 10:59 AM To: Perrin, Henry Page 1 of 15 Cc: Posey, Norton; williamsonb@msn.com; highlands_neighbors@hotmail.com; Tibbits, Chad; Heavey, Barbara; Claussen, Kimberly; Dinsmore, Lisa; Gillen, Nick; Goll, Shirley; Langley, Kristen; Townsend, Steve: West, Larry; Whiting, Kelly; Whittaker, Bruce; Hearing Examiner Subject: Witness Invitation: Hearing for Threadgill Plat Application (file No. L05P0026) Attachments: L05P0026 stfrpt.pdf; L05P0026 ORD2.doc Hello Mr. Perrin, 1.1 st. i 1T1cs 1. a;Jorogve 'o• the previousiy unannounced and last minute request I submit to you today. We only found out that we were allowed to make such a request quite recently. I have cc'd the person listed as supervisor 111 the Employee Directory to let them know that we have submitted this request to you. I write to you today to formally invite you as witnesses in a Public Hearing before the King County Hearing Examiner for a subdivision application Hearing for the proposed Threadgill project (file No. L05P0026) CARE has been named Intervenor in this matter. We had hoped to submit copies of the King County High Accident Location data for the intersections listed in the email thread below. · r,,avr, art;schec: a copy of the DOES report to the Hearing Examiner for this application, a copy of the Hearing Examiner's Order naming CARE Intervenor, and the record of our recent email exchanges below. The details for this Hearing are: KC Department of Development & Environmental Services Hearing Room 900 Oakesdale Ave -Renton January 8th @ 1 pm -hearing opens January 22nd @ 9:30 -schedule reservation if the Hearing is not closed on January 5th. We do understand that this is very short notice, and again, I apologize. If you have scheduling confiicts on ,il' 1:,cv R''. ie: me know ASAP so \hat I may properly inform the Hearing Examiner and formally request that the Hearing not be closed on January 8"'. so that you may attend on the 22nd_ Sincerely, Gwendolyn Higl1 -president P.S. In an attempt to ensure full, proper and timely disclosure to all interested parties, I have cc'd the full email distribution list that was used by the Hearing Examiner's Office in recent communications regarding this matter. apologize if this action results in redundant or excessive email volume. -gh C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org From: highlands_neighbors@hotmail.com To: henry.perrin@kingcounty.gov CC: norton.posey@kingcounty.gov 03/23/2008 Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Date: Fri, 4 Jan 2008 09:09:59 -0800 Thank you, Mr. Perrin, I have two follow ups: 1) Please confirm that the other intersections we listed: Page 2 of 15 ' ... we have heard confiicting rumors that there are others along 128th in that area ... say those from 156th Ave SE through 168th Ave SE or so .. .' are not now and were not recorded for the HAL/HARS program during the analysis period (2003- 2005) you reference below' 2) Please provide specific reference to the 'Possible safety improvements are being developed' you reference below so that we may correctly and successfully request documentation of these improvements and notice of progess in this effort. Thank you very much for your continued assistance, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org 03/2312008 Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Date: Fri, 4 Jan 2008 08:34:39 -0800 From: Henry.Perrin@kingcounty.gov To: highlands_neighbors@hotmail.com CC: Norton.Posey@kingcounty.gov Dear Ms. High, Thank you for your request related to the HAL/HARS program. I have been authorized to release the following information to you. In reviewing this, please note the following restrictions on the use of this information. Federal law 23 United States Code Section 409 governs use of the data you requested. Under this law, data maintained for purposes of evaluating potential highway safety enhancements: " ... shall not be subject to discovery or admitted into evidence in a federal or state court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data." [Emphasis added.] The King County Department of Transportation (WSDOT) is releasing this data to you with the understanding that you will not use this data contrary to the restrictions in Section 409, which means you will not use this data in discovery or as evidence at trial in any action for damages against King County, the State of 03/23/2008 Washington, or any other jurisdiction involved in the locations mentioned in the data. If you should attempt to use this data in an action for damages against King County, the State of Washington, or any other jurisdiction involved in the locations mentioned in the data, these entities expressly reserve the right, under Section 409, to object to the use of the data, including any opinions drawn from the data 160th Avenue SE & SE 128th Street is HAL 61 on the 2007 draft HAL/HARS list. There were a total of 10 collisions in the three year analysis period (2003-2005), and the accident rate was 0.53 accidents per million entering vehicles. The predominant collision types were eastbound and westbound rear ends and left turn collisions. Possible safety improvements are being developed. thank you for your request, and feel free to contact me if you'd like further information on the HAL/HARS program. From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Friday, January 04, 2008 7:23 AM To: Perrin, Henry Cc: Posey, Norton Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Good Morning, Mr. Perrin, Thank you very much for your call yesterday afternoon. It was helpful for me to better understand the decision process and factors that you and your supervision team is considering in detmining how to fullfill our request. I now understand that the HAL data is currently being updated and that you were not yet aware which version of the data Ms. Langley used in regard to the comments she submitted for the application nor which version of the data may be released to the public. I offer the following clarifications to our request. We are not asking for any opinion, just the data itself. We do not need or request the entire HAL data set -only the data for the intersections listed below. Finally, for the most current and accurate representation of the circumstances existing in our community, we request the most current HAL data available. I hope this email helps. Please do not hesitate to contact me if I might try again. Thank you, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org From: highlands_neighbors@hotmail.com To: henry.perrin@kingcounty.gov CC: norton.posey@kingcounty.gov Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Date: Thu, 3 Jan 2008 13:15:25 -0800 Page 3 of 15 03/23/2008 Good Afternoon, Mr. Perrin, I am sorry that I didn't hear from you this morning while you were in the office. The Plat Application Hearing before the King County Hearing Examiner for which we are Intervenors and for which we seek this data opens Tuesday, January 8th. I will be in the office today until 2:30. 425.365.0709 ext. 194 I should be home today around 6pm. 425.917.0117 I will in the office starting around 6am tomorrow, but per Hearing Examiner's Rules, I must deliver copies of our Response to the Plat Application, including the data we have requested of you, to all parties tomorrow, and thus will not be predictably available. Please call me at either number. I do not know what additional information I can provide to define our request. We seek the data contained in the High Accident Location report for the intersections specified below. I would be happy to find and print them from the King County website, but they do not appear to be available there. As you are out of the office, and we am under considerable time pressure, I have CC'd the supervisor listed in the Employee Directory in hopes that somebody else in your office may be able to provide this data in your absence. I apologize for having to escalate this request for data. Thank you, Gwendolyn High C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org From: highlands_neighbors@hotmail.com To: henry.perrin@kingcounty.gov Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Date: Wed, 2 Jan 2008 15:08:59 -0800 Hi! I have to run for a bus, but I will be in the office at 6:30am tomorrow. Please call me tomorrow at 425.635.0709 ext. 194. Thanks so much for emailing to follow up! Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our Page 4 of 15 03/23/2008 community ... www.highlandsneighbors.org Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Date: Wed, 2 Jan 2008 15:00:27 -0800 From: Henry.Perrin@kingcounty.gov To: highlands_neighbors@hotmail.com Gwendolyn. I apologize-I must have written the phone number you left on my voicemail down wrong- could you either call me back tomorrow or send me an email with your number? Tomorrow I'm in until 9, then I have field work until mid afternoon. thanks From: Perrin, Henry Sent: Wednesday, January 02, 2008 8:20 AM To: 'Highlands Neighbors' Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Hi Gwendolyn, Please give me a call and we'll discuss your request. thank you Hcmy 1\f. Perrin. P. E. Sr. 5,'afety A4mwgement Engineer King County DOT, Traffic Engineering Section ]OJ S. Jackson Street. KSC-TR-0222 Seattle. WA 98104 (206) 263-6138 From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Wednesday, January 02, 2008 8: 16 AM To: Perrin, Henry Subject: FW: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Good Morning, Mr. Perrin I just found out that these questions should Page 5 of 15 03/23/2008 be addressed to you: We know there is a High Accident Location at the intersection of 160th Ave SE and SE 128th St, but we have heard conflicting rumors that there are others along 128th in that area ... say those from 156th Ave SE through 168th Ave SE or so. We request copies of these reports. You know, if the file isn't huge, maybe it would be easier for you to just email the whole thing and we will do the hunting! If you could point us in the right direction, we would be most grateful. Thank you for your time and assistance, Gwendolyn High C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Subject: RE: Additional Request -WAS: RE: Inquiry: Accident reports request and a signage question Date: Wed, 2 Jan 2008 08:08:58 -0800 From: Jodi.Scanlon@kingcounty.gov To: highlands_neighbors@hotmail.com Nope, sorry Gwendolyn. That is Henry Perrin. His phone number is 263-6138. Thanks, Jodi From: Highlands Neighbors [mailto:highlands_neighbors@hotmail .com] Sent: Wednesday, January 02, 2008 8:01 AM To: Scanlon, Jodi Subject: Additional Request - WAS: RE: Inquiry: Accident reports request and a signage question Page 6 of 15 03/23/2008 Good Morning, Jodi! Are you also the person from whom we would properly request copies from the High Accident Location Reports? We know there is one at the intersection of 160th Ave SE and SE 128th St, but we have heard conflicting rumors that there are others along 128th in that area ... say those from 156th Ave SE through 168th Ave SE or so. If you are the right person, could you check and see. You know, if the file isn't huge, maybe it would be easier for you to just email the whole thing and we will do the hunting! Happy New Year' Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Subject: RE: Inquiry: Accident reports request and a signage question Date: Fri, 28 Dec 2007 12:55:37 - 0800 From: Jodi.Scanlon@kingcounty.gov To: highlands_neighbors@hotmail.com Hello Gwendolyn. I have forwarded the stop sign question to Scott Sawhill, our sign engineer of the area. I have already asked him if he has put any stop signs in on 156th, and he said Page 7 of 15 03/23/2008 'No', so my current best guess is that they belong to Renton. Scott's direct phone number is (206) 396-3765, and he is at work today. If the annexation fell through, then the stop signs don't belong there. Scott will check it out, and then proceed from there. I will get your accident report done next week. It is a very busy time of year at my desk I am afraid. I will be here on Monday, so I will try to get it done then. Have a Happy New Year. Jodi From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Friday, December 28, 2007 12:49 PM To: Scanlon, Jodi Subject: RE: Inquiry: Accident reports request and a signage question Hi Jodi! Thanks so much for your speedy reply' Renton annexations haven't actually taken these intersections in just yet! ; ) There is a tiny little Page 8 of 15 03/23/2008 finger of Renton that now takes to the centerline of a small section ( 4 parcels) on 156th Ave SE just north of SE 136th St. Renton is currently nowhere near any of the other intersections. The annexation that _would_ have taken them all in failed to pass at the election in February. There are now 2 stop signs I asked about. They were installed to require stops of cars traveling on 158th Ave SE at its intersection with SE 136th St. Ahh ... you are very helpful to share the valid time period window. The plat application for which we are investingating these issues has a traffic impact analysis dated in 2005, so I guess it would be most helpful to go back at least to 2002. Earlier may be helpful for our own understanding, though, if it is not too inconvenient to include them. Please let me know if I might povide more information. Thank you for Page 9 or 15 03/23/2008 your assistance' Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Subject: RE: Inquiry: Accident reports request and a signage question Date: Fri, 28 Dec 2007 11:17:21 0800 From: Jodi.Scanlon@kingcounty.gov To: highlands_neighbors@hotmail.com Dear Gwendlolyn, The City of Renton just recently annexed this location, so I am not able to answer you questions Page IO of 15 03/23/2008 as to why the stop signs were installed. Please tell me, were two stop signs installed, or four? On which streets? As for the accidents, I have them available back to 1997, though for traffic safety purposed, decisions are based on a 3 year time period. Can you be specific as to the time period you want the the accidents for? Thanks, Jodi Page 11 of 15 03/23/2008 From: Highlands Neighbors [ mailto: highlands_neighbors@hotmail.com] Sent: Friday, December 28, 2007 8:34 AM To: Scanlon, Jodi Subject: Inquiry: Accident reports request and a signage question Hello Jodi, lam hoping to find accident records for as far back as available for the following intersections: SE 128th St@ 156th Ave SE SE 128th St@ 160th Page 12 of 15 03/23/2008 Ave SE SE 136th St@ 156th Ave SE SE 136th St@ 158th Ave SE SE 136th St@ 160th Ave SE SE 144th St@ 160th Ave SE We are also trying to understand why the new stop signs have been installed at the intersection of SE 136th St@ 158th Ave SE. We have heard that there were Page 13 of 15 03/23/2008 some nasty accidents there, and we're hoping that there may be some kind of report that explains how/why the signs were installed. We would appreciate any assistance you can offer. Thank you for your time and consideration, Gwendolyn High president C.A.R.E. Citizens' Alliance for a Responsible Evendell ... doing what we can, Page 14 of 15 03/23/2008 with our neighbors, for our community ... www.highlandsneighbors.org Page 15 of 15 Heavey, Barbara From: Sent: Highlands Neighbors [highlands_neighbors@hotmail.com] Friday, January 04, 2008 10:55 AM Page I of I To: Miles, Joe; Pray, Jeff; Cheatum, Tim; Townsend, Steve; Hammond, Terry; Scharer, Bill; Moore, Bernard; Dykeman, Mike; Sanders, Jim; Whittaker, Bruce Cc: Warden, Stephanie; williamsonb@msn.com; highlands_neighbors@hotmail.com; Tibbits, Chad; Heavey, Barbara; Claussen, Kimberly; Dinsmore, Lisa; Gillen, Nick; Goll, Shirley; Langley, Kristen; West, Larry; Whiting, Kelly; Hearing Examiner Subject: Witness Invitation: Hearing for Threadgill Plat Application {file No. L05P0026) Attachments: Response_20080108.pdf; L05P0026 stfrpt.pdf; EvendellNicholsPlaceComplaintRecord.pdf Hello Ladies and Gentlemen, First, I must apologize for the previously unannounced and last minute request I submit to you today. We only found out that we were allowed to make such a request quite recently. I have cc'd the person listed as supervisor in the Employee Directory to let them know that we have submitted this request to you. I write to you today to formally invite you collectively as witnesses in a Public Hearing before the King County Hearing Examiner for a subdivision application Hearing for the proposed Threadgill project (file No. L05P0026). CARE has been named Intervenor in this matter. I hope you might remember me, as we l1ave discussed various aspects of the impacts suffered by the residents adpcent to the Evendell and Nichols Place proJects. These impacts will be the focus of my questions to you, but we will also have additional questions for Mr. Cheatum and Mr. Whittaker regarding the mitigation work required by King County for the Hamilton Place project and performed by KBS Construction on the Gragg property at SE 16046 142nd Pl. i have attached a copy of the DOES report to the Hearing Examiner for this application, a copy ot the Hearing Examiner's Order naming CARE Intervenor, and a copy of the email thread between me/CARE and ODES discussing the Evendell/Nichols Place impacts. The details for this Hearing are: KC Department of Development & Environmental Services Hearing Room 900 Oakesdale Ave -Renton January 8th @ 1 pm -hearing opens January 22nd@ 9:30 -schedule reservation if the Hearing is not closed on January srh_ We do understand that this is very short notice, and again, I apologize. If you have scheduling conflicts on January B'h, please let me know ASAP so that I may properly inform the Hearing Examiner and formally request that the Hearing not be closed on January sth, so that you may attend on the 22nd_ Sincerely, Gwendolyn High --president P .S. In an attempt to ensure full, proper and timely disclosure to all interested parties, I have cc'd the full email distribution list that was used by the Hearing Examiner's Office in recent communications regarding this matter. apologize if this action results in redundant or excessive email volume. -gh 03/23/2008 Page I of2 Heavey, Barbara From: Bill H. Williamson [williamsonb@msn.com] Sent: Thursday, January 03, 2008 10:36 AM To: Tibbits, Chad; Langley, Kristen; Heavey, Barbara Cc: Ty Pendergraft'; 'Shupe Holmberg'; randyg@eaglecreekland.com; thegoodwinsr@comcast.net Subject: FW Threadgill Plat Hearing Chad, Barbara, & Kris: We would sincerely appreciate your efforts to scan and email the letters that are identified in the email below from CARE's representative, Gwendolyn High. Also, if there are other letters that have been submitted, we would appreciate the opportunity to review these prior to the hearing before Mr. O'Connor. Sincerely, WILLIAMSON LAW OFFICE Bill H. Williamson Columbia Center Tower 701 Filth Ave. -Suite 5500 Seattle, WA 98104 206.292.0411 phone 206.292.0313 fax 206.383.0209 cell a p peals([1)and-use a ttorn cy .com williarnsonb@)msn.com williamsonbh@comcast.net www.land-useattorney.com CONFIDENTIALITY NOTICE: The document(s) accompanying this email may contain confidential information. Such information is intended only for the use of the person(s)or entities identified in this transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of information is strictly prohibited. If you have received this transmission in error, please immediately notify my office by telephone (collect, if necessary) to arrange for disposition of this information. From: Ty Pendergraft [mailto:typender@comcast.net] Sent: Thursday, January 03, 2008 9:47 AM To: 'Bill H. Williamson'; 'Randy'; mikec@eaglecreekland.com; randyg@eaglecreekland.com; 'Shupe Holmberg' Subject: FW: Threadgill Plat Hearing See below the message from Gwendolyn High. From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Thursday, January 03, 2008 8:49 AM To: Ty Pendergraft Subject: RE: Threadgill Plat Hearing Good Morning, Mr. Pendergraft, 03/23/2008 Page 2 of2 Thank you for writing. I wish our Response Package was complete, but we unexpectedly received some new information last night and another little piece is coming in this afternoon, so we have a bit of tidying up to finish. We expect to have the package completed tonight and will be delivering it tomorrow, per the Hearing Examiner's Procedures. Thanks again for your efforts. We are confident that our concerns will get a fair and thorough airing during the Hearing process, and that there will be ample opportunity to have them all addressed appropriately. We look forward to meeting you and your team again on Tuesday. Happy New Year' Gwendolyn High C.A.R.E. -Citizens' Alliance for a Responsible Evendell .. doing what we can, with our neighbors, for our community ... . www.highlandsneighbors.org From: typender@comcast.net To: highlands_neighbors@hotmail.com Subject: Threadgill Plat Hearing Date: Wed, 2 Jan 2008 20:23:37 -0800 Hello Gwendolyn, This is Ty Pendergraft, we met at the pre-hearing conference for the plat of Threadgill at King County DDES. I am emailing to find out if you have any concerns you would like rne to address regarding our plat. I know density is a big issue for the neighborhood, one positive result of our plat is our density is less then R4. We only have 15 lots on 4.01 acres, with an overall density of 3.74 units/acre. That is far better than the previous plats in the area. Our lots are also larger, ranging from 6,000sf to 1 O,OOOsf. I know Evendell, Hamilton Place and Liberty Grove had some tiny lots and utilized Density Credits to increase the density closer to 6 units to the acre. Hopefully that is one good mark for our subdivision. Also, one condition of our SEPA determination is to construct a road to the south. This road should alleviate sorne traffic heading north and west of our site. Please do not hesitate to call or email with questions or concerns. I am available for a meeting as well if you would like to sit down to discuss any matter. Sincerely, Ty Pendergraft Eagle Creek Land & Development, LLC p 206.391.6883 f 425.432.1812 typender@comcast.net 03123/2008 Page 1 of 1 Heavey, Barbara From: Bill H. Williamson [williamsonb@msn.com] Sent: Friday, January 18, 2008 7:53 AM To: Ohrmundt, Ginger Cc: randyg@eaglecreekland.com; 'Shupe Holmberg'; 'Ty Pendergraft': Tibbits, Chad; Heavey, Barbara: Langley, Kristen Subject: Threadgill Plat Hearing on January 22, 2008 -Recess Issue Dear Examiner O'Connor & Parties: A conflicting hearing issue pending in another proceeding on January 22, 2008 at 10:00 AM before the State Office of Administrative Hearings (ALJ Andrea Conklin) will unfortunately cause the need for a brief recess at 9:55 AM to 10:20 AM on January 22, 2008. I am requesting that leave be provided to me for this purpose. Unfortunately, this other Motion cannot be handled by another attorney familiar with the 3 year history of this APA appeal. My apologies for this request. However, the ALJ has requested oral phone argument on the Motion. Also, I am unable to locate the Appellant Gewndolyn High's email. Could Ginger kindly forward this on to Ms. High for her information. Sincerely, WILLIAMSON LAW OFFICE Bill H. Williamson Columbia Center Tower 701 Fifth Ave. -Suite 5500 Seattle, WA 98104 206.292.0411 phone 206.292.0313 fax 206.383.0209 cell a p pcals@laud-useatto ruey. com williamsonb@msn,com williamsonbh@comca,;t.n~t www.land-use;ittorncy.c0Q1 CONFIDENTIALITY NOTICE: The document(s) accompanying this email may contain confidential information. Such information is intended only for the use of the person(s)or entities identified in this transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of information is strictly prohibited. If you have received this transmission in error, please immediately notify my office by telephone (collect, if necessary) to arrange for disposition of this information. 03/23/2008 Heavey, Barbara From: Sent: To: Cc: Subject: Highlands Neighbors [highlands_neighbors@hotmail.com] Tuesday, December 11, 2007 1: 14 PM Heavey, Barbara Tibbits, Chad RE: Threadgill L07AP018 inquiry Attachments: 2007121 O _PetitionTolntervene.doc Hello Again Ms. Heavey, Thank you for your excellent and speedy response. I especially appreciate your recommendations for improvements to our submission process. I have attached a copy of our petition to intervene for your Page 1 of3 (DOES) records. I would also be most grateful if you might provide email or other appropriate contact information for the applicant so that I can send them a copy as well. Thank you for your time and assistance, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www. h ighlandsneigh bors.org Subject: RE: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 11:56:06 -0800 From: Barbara.Heavey@kingcounty.gov To: highlands_neighbors@hotmail.com CC: Chad.Tibbits@kingcounty.gov This is an appeal by the applicant. The County had settlement discussions with the applicant last week. Unless a settlement agreement is reached the county will request a pre-hearing conference. It is our expectation the the hearing scheduled for 12/18 will be the pre-hearing conference unless the examiner decides to continue it to a future date. The examiner could decide to open the hearing and take public testimony from anyone who appears at the 12/18 hearing and does not want to return at a future date. If you have petitioned the examiner for intervention, that motion will also have to be heard at a pre- hearing conference. You should serve all motions on all of the parties, including the county and the applicant. From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 11:34 AM To: Heavey, Barbara; Tibbits, Chad Subject: RE: Threadgill L07AP018 inquiry Thanks, Mr. Tibbets! I 2/18/2007 Page 2 of3 Hello Ms. Heavey, I am hoping to understand the impact of the applicants' SEPA appeal on the application hearing scheduled for 12/18. We have petitioned the Hearing Examiner to intervene for the plat application, and will almost certainly attend and hope to participate in the SEPA appeal as well. However, in order to to make timely arrangements with my employer, the sooner I understand the anticipated scheduling, the better. Please feel free to call me at my office to chat -425.635.0709 ext 194 from 6:30 to 3 weekdays. Thank you both, Gwendolyn C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org 12/18/2007 Subject: FW: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 10:03:30 -0800 From: Chad.Tibbits@kingcounty.gov To: highlands_neighbors@hotmail.com I'm sorry Gwedolyn! You were my intended recipient and it went only to Barbara. From: Tibbits, Chad Sent: Tuesday, December 11, 2007 7:26 AM To: Heavey, Barbara Subject: FW: Threadgill L07AP018 inquiry Hello Ms. High, I am going to forward you on the Project Manager, Barbara Heavey, that has been assigned to handle the appeal. I will cc her in this email response so you will have her contact information. Sincerely, Chad Tibbits Planner From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 6:42 AM To: Tibbits, Chad Subject: Threadgill L07AP018 inquiry Good Morning, Mr. Tibbits, I am following up on my phone message of 12/10/2007. I am trying to understand the nature and scope of the subject appeal action. I am particularly interested to learn the possible impact on the related application L05P0026. Please give me a ring at your earliest convenience -425.336.4059. If I miss your call, please let me know in your message the best time to return your call. I will also call this morning in hopes of catching you. Thank you, Gwendolyn High 12/18/2007 C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org Page 3 of3 Heavey, Barbara From: Highlands Neighbors [highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 11 :34 AM To: Heavey, Barbara; Tibbits, Chad Subject: RE Threadgill L07 AP018 inquiry Thanks, Mr. Tibbets' Hello Ms, Heavey, Page 1 of2 I am hoping to understand the impact of the applicants' SEPA appeal on the application hearing scheduled for 12/18. We have petitioned the Hearing Examiner to intervene for the plat application, and will almost certainly attend and hope to participate in the SEPA appeal as well. However, in order to to make timely arrangements with my employer, the sooner I understand the anticipated scheduling, the better. Please feel free to call me at my office to chat -425.635.0709 ext 194 from 6:30 to 3 weekdays. Thank you both, Gwendolyn CARE -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community,,. www.highlandsneighbors.org Subject: FW: Threadgill L07AP018 inquiry Date: Tue, 11 Dec 2007 10:03:30 -0800 From: Chad.Tibbits@kingcounty.gov To: highlands_neighbors@hotmail.com I'm sorry Gwedolyn' You were my intended recipient and it went only to Barbara. From: Tibbits, Chad Sent: Tuesday, December 11, 2007 7:26 AM To: Heavey, Barbara Subject: FW: Threadgill L07AP018 inquiry Hello Ms. High, I am going to forward you on the Project Manager, Barbara Heavey, that has been assigned to handle the appeal. I will cc her in this email response so you will have her contact information. Sincerely, Cl1ad Tibbits Planner From: Highlands Neighbors [mailto:highlands_neighbors@hotmail.com] Sent: Tuesday, December 11, 2007 6:42 AM To: Tibbits, Chad Subject: Threadgill L07AP018 inquiry Good Morning, Mr. Tibbits, l 21 l 812007 Page 2 of2 I am following up on my phone message of 12/10/2007. I am trying to understand the nature and scope of the subject appeal action. I am particularly interested to learn the possible impact on the related application L05P0026. Please give me a ring at your earliest convenience -425.336.4059. If I miss your call, please let me know in your message the best time to return your call. I will also call this morning in hopes of catching you. Thank you, Gwendolyn High C.A.R.E. -Citizens' Alliance for a Responsible Evendell ... doing what we can, with our neighbors, for our community ... www.highlandsneighbors.org I 2/J 8:2007 Citizens' Alliance for a Responsible Evendell ---··~-PO Box 2936 Renton, WA 98056 highlands_neighbors@hotmail.com Hearing Examiner King County Hearing Examiner's Office 400 Yesler Way -Suite 404 Seattle WA 981 04 Fax: 206.296.1654 December 10, 2007 RE Threadgill Preliminary Plat Application L05P0026 Dear Mr. Examiner, With this letter, Citizens' Alliance for a Responsible Evendell (C.A.R.E.), a Washington State non-profit corporation representing over 500 households in the surrounding community, petitions the King County Hearing Examiner's Office to intervene on behalf of the community in the matter of the Threadgill Preliminary Plat Application L05P0026. Ms. High will speak for C.A.R.E. in this matter. If a Pre-Hearing Conference is necessary to formally submit and decide this petition, please consider this correspondence a request of a Pre-Hearing Conference. CARE. and its members would be directly and adversely affected if the subject application is permitted and constructed according to the ODES Preliminary Recommendations Report to the Hearing Examiner. We are primarily interested in ensuring coordinated and responsible development of the community consistent with state and local laws and regulations. CARE. and its members are also intensely concerned with protecting against physical damage to existing residences and properties as a result of site preparation, construction, and use associated with this development. Recent developments in the area have resulted in tens of thousands of dollars of damage to surrounding properties and incalculable heartache. Such impacts would harm C.A.R.E. members' interests in protecting their property values, along with their privacy and the quiet enjoyment of their property. Additionally, we have recently become aware that the applicants, EAGLE CREEK LAND DEVELOPMENT, filed a PERMIT TYPE APPEAL-L with DOES on 11/29/2007 (Activity No L07AP018). We understand that as of this morning, your office has not yet received notice of this filing. We request that the hearing before your office for L05P0026 be delayed until after the conclusion of all processes associated with LO? APO 18. The original of this document is being forwarded to your office today via US Mail. Thank you for your time and attention. Gwendolyn High President Heavey, Barbara From: Sent: To: Subject: Bill H. Williamson [williamsonb@msn.com] Thursday, December 13, 2007 5:13 PM Hearing Examiner; Heavey, Barbara; 'Randy'; randyg@eaglecreekland.com Threadgill Plat & SEPA Appeal (L05P0026) Attachments: Examiner Fax -121307.pdf Dear Mr. Examiner: Page I of I This office has authorized no email communications to your office by DDES or any private party to move to strike or continue a hearing without affording my clients any due process opportunity to be heard before you, or in a conference call between DDES and my office indicating that you were considering any Order cancelling the pending hearings. I am attaching to this email to your office a faxed Memorandum requesting that your Order Cancelling the scheduled plat hearing and SEPA appeal be withdrawn and the hearing date of December 18, 2007 reserved for scheduled hearing on the plat and SEPA appeal. My client will appear at 9:30 AM on December 18, 2007 to discuss the Intervention Motion brought by CARE and their request to delay these proceedings. Sincerely, WILLIAMSON LAW OFFICE Bill H, \Villiamson Columbia Center Tower 701 Fifth Ave. -Suite 5500 Seattle, WA 98104 206.292.0411 phone 206.292.0313 fax 206.383.0209 cell appeals(a, la nd-uscattorncy .com w1 I I iamsonb@msn.com w1 I I 1amsonbh(,y.comcast.net \V\VW .lund-useattorney .com CONFIDENTIALITY NOTICE: The document(s) accompanying this email may contain confidential information. Such information is intended only for the use of the person(s)or entities identified in this transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of information is strictly prohibited. If you have received this transmission in error, please immediately notify my office by telephone (collect, if necessary) to arrange for disposition of this information. l 2!13/2007 . Dec 13 2007 5:04PM LASERJET 3330 i\ll 5,1, Avenue= -Suite 5500 Cnlumbla Center Tower &attl,, WA 9E'l l 04 ~!l6S,Otn., Fax/~.!!9~.0411 Office www.h;.nd-wta:tcrney,oom Fax To: James N. O'Connor" {fax & ABC Messenger Service) King County Healing Examiner Pro Tern 400 Yesler Way-Room 404 Seattle, WA 98104 Barbara Heavey (via fax & email) King County DDES -LUSD 900 Oakasdale Avenue SW Renton, WA 98055 {206) 296-1654* From: \\'I LI .I \.\!S( >\.' L \ \ \ l HI· I( 'l·: Bill H. Wmiamson Attorney Applicant Eagle Creek Development LLC Fax: (206) 296-7051 Pages: 18 (206) 296-4660' P~one: (206) 296-7222 Daw, December 13, 2007 Threadgill Plat & SEPA Appeal of Ra, X Urgent Threshold Determination - cancellation of Hearing on Plat & cc: SEPAAppeal Randy Goodwin (via email) x For Review D Please Comment D Please Reply D Please Recycle p. 1 'Dec 13 2007 5: 04PM '·~ LASER JET 3330 December 13, 2007 Dear Mr. Examiner: My client, Eagle Creek Development, LLC, llas received an emailed notice received at his office from your office indicating that the scheduled hearing for the Threadgill Plat has been cancelled by your office. This Order was issued without notice and without any opportun'ty for an appearance or argument by my office or by my client. From emails forwarded to my office, there appears to been ex pane materials provided your office without any benefrt of procedural due process being given to why the scheduled plat hearing and SEPA appeal hearings cannot commence, as scheduled on December 18, 2007. The injury to my client Is enormous For what appears to be a request through a cijizen letter provided to your office for the Citizan's Alliance for a Responsible Evendell to simply appear in these proceedings. This letter requests a postponement of the plat hearing which was apparently considered by your office, but without any opportunity afforded my client on why the hearings could not proceed. A Notice of the Appeal and Statement of Appeal was provided to your office and DOES on November 29, 2007. Your Offce accordingly had notice of these actions and scheduled the combined hearings to consider both the appeal and Ille preliminary plat proceedings in a single combined hearing. My office received no written or oral notice from your Office of any hearing to consider striking the hearing date for the preliminary plat or SEPA appeal. The only notice received was from Barbara Heavey's Office on a request for a Prehearing Con1erenca. My examination al Rule VIII .B allows this procedure but does not carry with It any automatic cancellation of under1ying plat or SEPA Appeal hearings. My client reques1s that your Order t>e withdrawn. Mr. Goodwin will appear on Novemt>er 18, 2007 before your office to request that all parties make open record statements to your office on the status of the pending hearings and any requests ta postpone any of the hearings due lo the attempted intervention of CARE and the consolidate hearings. Bill H. Wiliamson Jx~ /~-A-/!/--~-- Confidentiality Notice Ths :acsimile transmission and any accompanying dccuments are intended for use only by the individual or entity named above and may contain comldential information belonging IO the sender protected by the attorney-client privilege. ~ you are nol the intended recipient, you are hereby notified that any disciosure, copying or distribution of or any reliance on this lnfomiation is strictly prohibited If you have received this transmissbn in error, please notify the sander inmediately to arrange for return of the docu'l"lents. Threadgil-Exami11er Fax. 1213C·7.doc • Page 2 p.2 / -,, VU!. PRE-H[ARING CONFt:RENCltS A. B. >;- D PurpcKC 3nd lr,itiatlca Prr:~umg conlcrencC$ 11romo:e dlicicnt nu, mana1o1:rrent by pr1widing an mfo1mal p<occ., lcr cac!y ;,;l<;Z1\ifi,;a1ion of issue:i a.d res.,1,..:~JIJ uf _p1ocedura: 1lliltlCI'o in complex Cll.~f~. Evidence genenilly will not be l'l.c~\'Cd <11 a pn:-hearl111: ,,..nf~nct:. except w!len n:qujrcd in order for rhr: examiner 1111 rule Drl .a motion. (P,,;;-mt!rlcing and incroduchoo of c>i.Mbi~ ID "'hich there i~ oo obj..,tfon tr.11y occur at the d.15,rciion of thi: cnmiller,J The examiner, on mation of any pany or upon bnlbe1 own m.-.tlfilJ. :nay CUtl~cnt n fl!1'· hcannz-eonJewnce 101 I 1. 3. ltkut.ify, ,;l,ui[r, ~,111Lor5impl1fy i~. t!CllJ" aDd consider J)f0:-1:.earing motioru:. Sclirou\,, J,.,co.,iD!J,l, idi:n11fy Jlartie:< and ... -itne,~ d<:ternlill£ lt.c ordet ,;i,fanli limit,i. upoa lcstimony, ol>tain sllipll.lations as IO facts IIJld Jaw, identify and .adrott exhibitB, order di~!)'. md consider and~ ll?O'[l any other matter wh.id, may 4.kL m the cffkkn1 dispollililln -of lhc hearing. Rcq11e~tt f()( Conference A mot1<1n lo o,;011vaw 3 pre-1-.i-inJ: conkreBce !.h»ll l>e made lo tho: e:..aminer d..'I soc,n l>S the na:.d fur a QJ.nfu=ce IS =:agnized hy the movi.:i,: party {n least 2 L days J)rn)r !O !he scaedultd haring date~ and 1h11! 11Jili:: th(; IU!Dns fat tile r,::q11CSI, including .my rrnliol\$ lo ba pre:!ifl>lcd. For good CBU!le italed io lhc mo1ion. thl'! t,rM11tnc' moiy r..(l<!J:ider;, rcq1JC1t 1bal fails i.o rncci the 2!-day requ(rcmeo.1. Fur hearings authorized Wider KCC 20.24.0&0, a m.::ition by an} ])3cty for a pns--h.eurini:: t.0t1f~ shall be yanttd iftimdy. However, unb'S COC\Sellted tu llytll pulic:s ur nthc,wisc ord<:rr:d for !('IOd cause hy ~ =1iocr. n.o pn.·-heuina ~Ollr=cc Oll lWl appeal un be conn:ncd lata tli;m 45 ~ after receijW ofrhc:: m<tcmcnt of appal by 1~ beanng enmll\er', office Pr~a:lin{s II Co.l(Q:"Cni;c: A parry wtlo lul$ rcceivOO timely 1IOlicc ofa pre-hearing ~for,:.,cc zhi:iU identify 1;11 Ile confa,;;ni.:~ My p1e-hi:,;ari11i moUOil.s no! prevtou,;:ly rn,,.de wh1..h he/she inttr.d:I 10 mok~ Partits or mtere1ted pCNOcs may al~ file ti1ncly r,,,,ritten p.~-hearing ltl!l:ion& for w~IO.-l"lltiwut th~ p~~r~g ronfcrr.n,.;,;;_ faifu~ m m:w: ilf Ofaclosr a rnodon whkl1 wa1 anilabk to the p.arty I.I tlx: Jim:: <>f1b.: confetato: may be sroondo. for ii• deru.,.] if ui1*quc111ly mooc. Pre-11'=<11ioi:; Onkr follo\1.ing a pre-hearinJl eimferem.'t, the examineT 5/\oJI iswe un 01(.Ser ~pec1fying 411 11:ctns ilelemiined at the confercoce Tt.c u.-d<!r ~hall be l,mding upon .. u p,,rt>fi ~11d U\li;restc,d pcr~ns wlta 1.:cewod timely notice of the roofrren::c IX. X. SL'BPO[NAS A P"rty m.!.y roovc fo.-the i«uanct Q( a rnbp()en• corupd!ir.g the attendance ofa witrn.'R' wOO i~ nc~cssa:y for the ['=Titahnn of 1hr p,irty~ ra-,,, ·nw, rnoliCJll .,1,;,11 be supponcrt 'oy I stn::mem as to w:hy tho witncH 1~ nec~s-r :and Wh)' th<, mo .. ,ng ?aft)' bcl1cvc:~ nch witne$s will be u11Bv11i\o.blc unless a s~ocna i~ iHuccl. Sc1bpocnas wiR be it11.1ed al the d,SEJtl,on of !l:M, c.um11::iei and wi!J be deli-vered tQ tl-.:-m:;ivi:ig pm)' for :1ervil:;,;; within Kin~ Cuun':y a.:cwrling to l;iw Wil:11~ subp,.i¢<Jf,u;d shaU bi; l)ff&Jcd !he ,a111c ri:cs and allowl!DCCS, in 11M: saim manncc and un<ki-1k nine Cllndition.o;, u provided for witncs&CS in me Superior Courtg fOI" King f",0unty h)' C~ 2.40 RCW w:.d by RCW S.56.0iQ_ The partyroquesting issua11C1: ofa sub~na shall pa.y the foe, and ~llowan.:,:~ and it.., coo;t of p,oduci"ll •=r.k •"1:uir..J Iv 1,.., pr\lWi;,:d by subpoena. PARTll:S AND REPRESENTATION A. IDleMOlion 2 P1.1rJK1!ic ~-lntcrvc,uion 115 a mal:cr ofrighL " M«hod The cXll.miae. iliall allow int~weiiliClf! in" proceeding by & pcn:011 who is 1101 a patty who has a 5Ubsla11tial pmpc:rty i.r.1eres1 lfl th.., sut,j~cl lJ:NlUc:r or th,; procr«iing. or wbo5c property u lila::ty to be d,=.1Jy ,1tl'a;tc:d liy the: refll!t oflhe proc:tcdirtg Di.cn::tionary intavnntioo tnkl"Velllion may be allowed in th" discretion ofrhe-ex.amiac:r when r,trfu:i["'l"i,:m nflbt i11trrvr-0ot" n a party wm1ld be ;., the p,.d,l,c udenat. A pctitiun to insenene rn,,y be made orally or in writilli, ,ubject to the followiui liml!.iilions. Every pelilior. ~hall be supported by fact~ eaiffieiien: to j1,,tify Uv: rcQuct.t. Such UC~ may be p=n1ed by affidavit 01, iftlt~ pl;ltition i; oral. by tutimu-,y and e<lubits Tir.ic J11n,lll for petition {1) (fa prc-OCll.ri:igcmlttt;m:f: has ~ !>C"hcdolr:d fur whicb the ~tio""r hw had allcalittai (IOJ dnp actual noltcc:c(or wr;,uld bilve N~el"cd 1tetwl notice by cxcrcaing reasonable diti.gence). 1 pcti~or, !O tr'llelvene as I matlcr of rilbt shall be :wbmitted ~tor prior: co the ~--hearm1: ccmfctt:flcc. (F11illl1" to l'flpOnd prompt!y lo~ written ootke of the pende:ncy of:i proposed <1~1.iun uom,aUy lnwu,I.,,. 1.i..l ur ~mihlc: <lili~!W.,'C) lfl 11.II orhcr cir,;umst:,oces., 1 pclilion to intuv<::M a,: a m;itter of righl must Ix $Ul:>rmtted pn« 10 or at th/: openmg of tho: fi~1 hearing .. , t:I m 0 ~ w "' D D -J Ul D ... .,, :,: r :n (1) rn )tl w rn -, w w w D -., w ·oeo 13 2007 5:04PM LASERJET 3330 ' 2 3 4 5 6 7 8 9 \ KO ODES NOV 29 2007; CASHIER BEFORE TO THE Peter Donahue Hearing Examiner NOV 2 9 2007 f\U>l'l.:J LUUNTY HEARING EXAMINER KING COUNTY HEARING EXAMINER EAGLE CREEK LAND DEVELOPl\IBNT, 10 LLC, 11 12 Appellant/Petitioner, Y. NO. L05P0026-Threadgill Plat 13 KING COUNTY, a political subdivision for STATEMENT OF APPEAL the State of Washington, and the KCC 20.24.090 14 DEP ARTMBNT OF DEVELOPMENT and 15 16 17 18 19 20 21 22 23 24 ENVIRONMENTAL SERVICES, TO: ANDTO: RespoQdent. Stephanie Warden, Director of the King County Attention: Lisa Dinsmore, Current Planning Department of Development and Environmental Services (''DDES") 900 Oakesdale Avenue SE Renton, WA 98055 OFFICE OF THE KING COUNTY HEARING EXAMINER 400 Yesler Way Room404 Seattle, WA 98104 APPEAL STATEMENT WILLIAMSON lAW OFFICE Columbio Center Tower-Suite 5500 701 5th Avenue· P.O. Box 99821 Seoffle,WA 98139.Q821 EAGLE CREEK LAND DEVELOPMENT. LLC • 1 (20o} 292·0411 \FAX (206) 292-0313 FILE copy· p.4 Dec 13 2007 5:04PM LASERJET 3330 Citizens' Alliance for a Responsible Evendell ·P,o:-.aOx 293s . ·--., ----- Renton, WA 980-56 1,;g,hjar,ds_ooighbo~@hotmail.com Hearing Examiner King County Hearing Examiner's 01fice 400 Yesl,ur Way. Suite 404 Seattle WA 98104 Fax: 206.296.1654 December 1 0, 2007 R[: Threadgill Preliminary Plat Application L05P0026 Dear M.r. Examiner, RECEIVED OEC 1 I ZOD7 . '""-' '-'VUNTY HEAHJNG EXAMlNER With lh:s letter, Citizen..s' Alliance for a Responsible Ev<1nck>II (CAR .E.), a Washington State non-profit corporation representing over 500 housel"lolds in too surroundlng community, petitiD<1S the King County Hnaring Examiners Olfice to lnten,eno on bahali ol the community in the ~r of the Throodgill Preliminary Pia: Application L05P0026. Ms. high will speak lor C.A.R. E. in this rnatl<ir. il a Pre-Hearing C<>nierence l$ necessary lo formally su!Jmit aM decide this petition, please consider lhis correspondence a reqoost of a Pre-Hearing Gonferer\Ce. p.5 C.A. R.E. and its m<!mb~rs would be directly and adVer-soly .affect,;d ff the subject aj)plication is perrnitte<I and constructed accorolng to the DOES Preliminary Recommendati.005: Report to 1he Hearing Examiner. We are primaniy :ni~rested in ensunng coordinated and mspcns,bi<, oevetopment of tho oommunity coosisti,nt with state anti local laws and regclat:ons. C.A.R.E. and its members are also intensely cooce,l'!Wd with prolecting ag~inst physical damage to existing residences antJ properties as a result of site preparation, !:Oll&iructlon, arni \100 associated wllh this devolopment. Recent developments ,n the aroa have resulled in tens DJ t11ousand6 of dollar$ of damage lo surrounding properties and hcalculable heartache. Such impacts would harm C.A.R.E. membefs' interasls in prntecttng their property values, along with tMeir privacy and the quie1 enjoyment of their properly. Additionally, we have recently become aware that tho applioMts. FAGLE GREEK LANO DEVELOPMENT, iiled a PERMIT TYPE: APPEAL -L wltl, DOES on 11/29/2007 (Activity No: L07AP018). We ~l'!derstand tr.al as of this morning, your office has not yet recei,ed notice of tills. fiUng. We rffljllest that tne hearing before your officu tor L05P002G bo delayed urtil after the conclusion of all processr,s nsscelate<J with LO?AP018. The oriGinal of this dooument is being forwarded to your office today vin US Mail. Thank yoJ for :/cur time and attention. bee 13 2007 5:05PM LASERJET 3330 OFPICE OF 'fllF, HF.ARING EXAML""IER KING COUNTY, WA.~HING'fON 40(1 Yeskr Way, Room 4-04 Seattle, Woshingtou 981 04 Tek.jlhone (206) 2%-4660 Facsimile (206) 296-1654 Email: hearex@menukc.gov December 12, 2-007 NOTICE OF HEARING ON PETJTlON TO fNTEkYENE; NOTICE OF SCHEDULING CONFERENCE; AND CANCEl,LATION Q-.F 1'.HE llEAIWl'GJ~ ~,Ul,.ll\,tlN,Urv PLAT A:PPLICA TION S!JHJECT: Departmen: of Development and Envinmroonlal Servi,:,es File No. LIJ5POfn6 Prop""cd Ordinance No. 2007-11620 THRF.ADGIU,SU81)IVJSf()N Prelim•inruy Plat Application a.ud Appeal of Mitigated Detonnination ofEnvironmm1tnl Non-Significance (MDNS) Applicant: King County: l3502 ·-162nJ Avenue Sautheo.,t F.agle Creek Development, LLC Attn: Randy (,oodwiR 1370! Southe,st 253rd SU-ect Kc1>t, W.;shingt<>n 98()42 Telephone: (206) 7.l0-1915 Department of Desel<>1>mo,n1 anJ EJ1.vironmental Services (DDES) represen,ted by Cllad Tibbits and Barbara Heavey 901) Oakesdale Avenue Soufhwest Renton, W!!shing,ton 9805S Telephone: (206) 29/i-7194 focsim~e: (2()6) 296" 7051 Telepnun<i: (206) 296-7222 Facsimile: (206) 2%-6613 On DL'C<Jmber 18. 2007, at 9:30 a.m. in f/1c Department of Development and Environmental Service:; Hearing Room, 900 Oakeodale Avenue SW, Renton, Waslrington: The K.ing County Hearingfacaminer will coo~icler the petition of Citizens' Allian~e tor a Responsible Evendell (CA.RE.) 10 intervene i11 Lhis proceeding. Following action on the petition, the examiner will conduct a schc<h1Jiug. conforence tu go·vern forther proceedings. The hearing on this preliminary plat, scheduled for December 13, 2007, is cancelled. ORDERED December 12, 2007. C.)~~"'='-"~=-~).,_<:::::::,:,~,~.::::-~--~c J~cs N. O'Co,mor K.ing. County Hearing Examiner prv tem p.6 ' Dec 13 2007 5: OSPM .. -LASERJET 3330 RULES OF PROCEDURE OF TlfE KING COUNTY !ltARING f:XAMIJ,;ER Rule Vlll. l'RE-HtARING CONFERENCES A ~irpo-se and Inic:i;;iti<m Pre.-hearing c.onfenmces promote efl'iciont case man:.i,i;;emenr by provid.ing an iuformal proces~ for <:arly identific.a.t.101: of i::.sur.s and n.-sohnion ofprocc:dural matters ir1 rnmp!cx ca.:.es. Evidence generally wiH not be receivt:"d at a pre,.hearing conJEC"i'eJ!ct\ exc.ept wt1~n requfn.'tl in order for the cxamjner re, rillt on a m~ion. {Pre--i:na.i'kin.g "Mli!l intrnctr.1ctiou of iexhibils.: 10 1.vhich there is. 110 objcc.;tiu11 rrmy occur at the <ifocretion of tbe exeminer.) The e~amino.r, oo moth.1n of ruzy party or upoo his/her own motion, may convc,M.: -a pm-hearing F.:On ferem:r to: l. Identify, clari.fy1 limit vr simplilY issu.cs. 2-Hear and considt!r pre-hearing motions 3. Scbedu_te hearh1gs., klootify parties nnti witnesse:., deten11inc tht:: tml~r of and limib upon 11,,.~.stimony, ob-u,ln stipulmiom, us t.o 1bc-t:-aad law, identify a11d arhnit exhibits, ori.kr dis.co"cry, ancl cons-idcr md act upon w:1y r•tlH~r matter which mlly aid in the-efficient disposi1ioo of the hearing. H ncquests for COfiferenee A motlrm to convene a pre-Bearing conference ib~ll be mad.c to th-t fl:ami.net as ~ocm as the .need for a ccmferencc Is recognlt~d ·hy the moving party (at Jea.st 2J dH.ys r.11i-or to 1ht.'. .';Cbc<luk:d hearing <c)~ and s!Ju.ll state the r~ons t-0:r the request. induding any moti0ns to be presetned. f\ir good cau.s~ ~t.ff"ted i:n th~ motlou, the e·:...:arniner ma.y constrler a request thnt foils to mc.i.:1 the 2:1-da)' ··equm:incnt. F(,r hem ings .wlhnri:z.00 u.nder KCC 20.24.080, a motion by any parry for a prc-l1e<-1riog confrrcnce .-,hall be granood if'time!y. However, ualcs,:; consented ro by all parties or otherwise ordered for good cause by the e:,: .. aminer, no rrr~-h_earing conforcnet: on an ap:pe·~:I c.an DC conve:1ed later tl11m ,~5 dr;ys after re..::.eipt of tile statemcnl of appeal by the" ht'.ari'ng exlloiiuen office. C Proce~:dings at Con fere11CC A pmty who has rer:eived timdy notice oh. prc~hernring confC're:nce :i:-tmfl identit)' Hi the c011fcffnce any pre-he,lring motion.$ not previOl'Jsly made which helsUc intend-s to make. Pm1ic~ or irncresrcd per~on.:; may aJs.o ft-J.e ti1-nely writt.e.n pre•hcarlng 1no1ious for coTisiikrntion at the pre-hrnring conf'(;Jence. 1-'u.ifon: to _mtu(e or di~clos.c a motion which was av.:U!nble to the. prirty at the timi:: oflh.£- conforencc may be gr'Otmds for ft~ denial ifsuh~equentiy made. lJ PrL1-hearing Order Following .i pre-hearing oonfc.~er1ce, tlu:: cxami.m:-r shall i5Sul.'. nu {lnk .• 1 si~cifying all items determi.ned at th(: confore:nce. -{he-onl-er shaJJ be bh1dutg upcn ~11 parties and inten.";'i.t~cl person:. who ,eceived timely notkc of ti.le confert:!nce. p.7 Dec 13 2007 5:13PM '·-LASER JET 3330 701 /;d•Avenu~-S,1ite!>5JO Columbia. Center Tower Seattle, WA :}!:1104 906,i6i.OS1S l'ax/lOtU99.()l!ll Office WWUJ.faNl-mtatfnrn.ry.a:,m Fax To: James N. O'Connor• (fax & ABC Messenger Service) King County Hearing Examiner Pro Tern 400 Yesler Way-Room 404 Seattle, WA 98104 Barbara Heavey (via fax & email) King County DOES -LUSD 900 Oakesdale Avenue SW Renton, WA 98055 (206) 296-1654' Fax: (206) 296-7051 (206) 296-4660. Phone: (206) 296-7222 Threadgill Plat & SEPA Appeal of Threshold Determination From: \\ ILL! \!\ISON L\\\ OI 'I 'IC'I: Bill H. WIiiiamson Attorney Applicant Eagle Creek Development, LLC Pages: 18 Date: December 13, 2007 Cancellafion of Hearing on Plat & cc: Randy Goodwin (via email) D Please Comment D Please Reply D Pl-se Recycle p. I . Dec 13 2007 5:14PM LASERJET 3330 'WI 5(1, Avenue -Suite SSOO Columbia Center Tower Seattle, WA 98!04 ~06.2H!il.mlUI Fa~/iOG.~9S.OiolI Office Fax To: Fax, James N. O'Connor* (fax & ABC Messenger Service) K119 County Hearing Examiner Pro Tern 400 Yesler Way-Room 404 Seattle, WA 98104 BartJara Heavey (via fax & email) King County ODES -LUSD 900 Oakesdale Avenue SW Renton, WA 98055 (206) 296-1654* (206) 296-7051 (206) 296-4660* Phone: (206) 296--7222 Threadgill Plat & SEPA Appeal of Threshold Determination Fram: \\II.LI\\!~()\: L \ \\ < ll'f I< F Bill H. Williamson Anomey Applicant Eagle Creek Development, LLC Pages: 18 Date: December 13, 2007 Re: Randy Goodwin (via email) Cancellation of Hearing on Plat & cc: ,,,.-------~§~§~, i~l!'!!!llljj@illfl~I ~ C ~l!Jiiiiiii.;~C:OR:R:EC:TE=D~F!/1:X.~;?>;;-J-------------- x Urgent x For Review D Please Comment D Plaaae Reply O Please Recycle p. 1 , Dec 13 2007 5:14PM LASERJET 3330 Decernber13,2007 Dear Mr. Examiner: My client, Eagle Creek Development, LLC, has received an emailed notice received at his office from ,.:,ur office indicating that 1he scheduled hearing for the Threadgill Plat has been cancelled by your office. This Order was Issued without no1Jce and without any opportunity for an appearance or argument by my office or by my client. From emails forwarded to my office, there appears to been ex parte materials provided your office without any benefrt of procedural due process being given to why the schedJled plat healing and SEPA appeal hearings cannot commence, as scheduled on December 18, 2007, The injury to my client Is enormous for what appears to be a request through a cijizen letter provided to your office for the Citizen's Alliance for a Responsible Evendell to simply appear in these proceedings. This letter requests a postponement of the plat hearing whteh was apparently considered by your office, but without any opportunity afforded my client on why the hearings could not proceed. A Notice of the Appeal and Statement of Appeal was provided to your office and DOES on November 29, 2007. Your Office accordingly had notice of these actions and scheduled Iha combined hearings to consider both the appeal and the preliminary plat proceedings in a single combined hearing. My office received no written or oral notice from your Offrce of any hearing to consider striking the hearing date for the preliminary plat or SEPA appeal. The only notice received was from Barbara Heavey's Office on a request for a Prehearing Conference. My examination of Rule VIII.B allows this procedure but d005 not carry with it any automatic cancellation of underlying plat or SEPA Appeal hearings. My client requests that your Order be withdrawn. Mr. Goodwin will appearon December 18, 2007 before your office to request that all parties make open record statements to your office on the status of the pending hearings and any requests to postpone any of the hearings due to the attempted intervention of CARE and the consolidate hearings . . !£u /- Bill H. WIiiiamson Cc: CARE Confidentiality Notice This fa:slmile transmission and 2ny accompanying documents are intended for use only by the individual or entity named above and may contain confider,ijal information bekmging to lhe sender prolecled by the attomey-<:lient plivlege. If you are oot the intended recipient, you are hereby ootlfled that any disoiasure, copying or disvibutian ofor any reliance on this mormation is slricijy prohibited. ryou have received this transrrlsskm in elTOf, please notify the serxlerlmmedlately lo arrange for retum of the documents. Trreadglll-Exarniner .=ax. 121307.doc • Page 2 p.2 ... ,..,,~"' Vlil. l'RE-HEARL"'iC CO,"lfERENCES. A H >;- D. Pur~ and fmtia1ion Pre-hicarin1; confon::nccs f!<r>mote dlicifnl '-''-"' 1n.,nagFmmt !,y providirtg sn in!orrnnl procei~ fore~ly identification of i:.suc::1 llflQ ri:-$<)],..tiu,., of pru.«l,.m,I maitlcrs in complex ca5ol. E'o'idenc.c £Clll':fa!ly 11•ill not bl: m;:c,.,.-00 11\ 1 pre-hc11tio,s confcrcnct, exi:ep11 wht'.ll rcqui1 i:d in or~r for Ille rumintr oo l\lle on II motion. (P:c-miukmg 11.nd \lltroduclion of cxt11bi1& Lo which lhere i~ ~ oh; ccrN.ln mil:,' ocenr at the di:'!Cretian or1he ~r.) T~c eu1minc.r, uu. motion of Ml}' party or t1pon hiwher 01V!J motion. may com·~DC a. prc- hea.rin11, con.ftn::nu; lo: I. ,. ; l&::ntify, 1,;luify, lirml "' !irnplify ~su..:s. Hear and oootl:'li&r ('Tc-h~-"""15 mot,,u,s. Schedule bearings. identify j\llrticg and wihlt':11Ct., d.:taminc 1he oroc, of 11nd limits upon te!lirnott:,, obwn stipulations .as ro f&cti and law. Kknlify and admit ahihil!J, ¢f'def diseown, and CCI\Sldcr and act upon 1my othet-matter which me.y aid in the cffi.cien1 di:.position. oflhe !)caring. RCC[1lC'ru t1J< O:infrn:occ A motion 1<I ccmvav:" pt',:..harir,g confe...,,.;c duJI be m.1dc t,:, 1h,:~:uninu as soon a$ !he fled for 11, ~rtncc i., rc:cognizcd by the mo~ party (at IG.llt 11 day,. pnor to lhe !oehc:dllled liearing dMt), and. ,hnH state the rea.100, rCJt tlic; rcq~l. including nny rmti.m, It) be: prcsc:ntc:d. For ,ood cause &t31cd in the motii>fl, tl,t u11miner may ron5jdeJ 11 n:qlrcl that fails la nlll~I U,., 21 d<iy reqairemori.l For hearing,;. .mthonzr:d llflllr:r KC( 20.14.080, ii. rnatlcm by a:r,· party for 3 ,re-hc:iiril'.i;i: W!UcnJJCe 'Iha.JI t"C gnu,~ ifTimi:ly. 1-lowc.vcr unk:ss OOMC"iltcd lo by aU fiilllin a, otherwise ordered for goad i;aus:c by the ~unnmcr, no prc-hearin~ cnnfl'n:ncc Oil 1111 appeal C81I be convt~ larcr than 4$ &iys t•f=· rect;ipt ofthc: slatcmc:nt of appi,al by tht, helllll\g eumincr\: ofli~. P,~-1"'!;1 al CoAfer~ce A party ,.1,o hu r=1:1Ylld hm.:ly ootla of a pre-hca:rinp; 1,.,:mferencc :;ltall ldcnlify et thc ,::,,.,fe:rcn,:1, any prc-hc1mng mo1ior,1 no! prrviou5ly rn:.1de whid~ he.'she intent.I,; 10 mo.le-. Parties or io.tcre~1td p=-is 1!13)' a.l!<!l fik timely wrir.en l'J't::-hearing mot1oiw for considoration 11! 1he p-re-hearins confcren1:c. h.illlft IQ nui.r: <r, dia:kls~ ; t!Xlf1on wh11:h wus ;,.nile.ble lo dm party 11t the tire:e oflhc conf=rr may~" gmund~ f.,, ir~ daii.al ,r Slli:,u:qut!lti)' made. Pr,;-he;,,ribg Order Fri!lowing a p<e-ltcering conf=nce, me examiner ~hall iJ.liuc 1r1 order gpecifyi'll{l all items deterll'lilncd at th~ conferc,1~'(: The orJa ~hill b,; bi11Jin1 1Q01> .. ll 1U'1><:s md i~~ pent,ns WM rcewcd rin\Cly notlCC'. of the ,:onlcrcncc:. IX. x. SUBPOENAS A party may ®Wt for the issuanc~ of a ,ubp0<ma campelling 1hc attcr!d1mc~ of .o. wi1~--=t~ ..,l\o i, nect--ssa.-y for th, pr1:S>entation of the portyli ca:sc. 'The motion 5ha!l be supported by 11 ~lalcmcnt as 10 why UK wilnu;:i; is ncce11sary ind why the rnoVlng party bc\ievi,.s ~l>l'h witn= will he ~,11.o,ll.il.il,>o; uuk:.~ .i subpoena i~ bsutd. Sub~lli will be is!!'.led al Lm" dl.Sef't'IIOn of the e1:dllir.cr and will be delivtll'OO to the moving party for ~ce within King Count)' oceordins: IU •.. Witnc,ses subp(len.acd 1~ b; (!ffcr(d lh; ~arm f,;;s ;and 1llowaai:c:s, in the ume manrier atid imdcr tt,.e ~amc coooiti11m. a.s proir.da::f tor witncs~t:<; 1n tht: 'S1.,11erior Comt, for King Co Wily by Oiapt~ 2.40 RCW aod by KCW 5.S6.0JO. The: partr rr::quatin.g iuuano;c of a subpoc:m. shall pay tt.c f~ (l.nd ollowllftces and the coil o[i:irodocing n:cordi required 10 he produ=d by mbpo,e..u.. t'ARTIES ANDRl:PRTSENTATION A lntervetruon 1. '"""" 3. l*rvr:nlion as a B)>ltber ofrighl b Mdhod The c:llllmincr ~hall allow in~.-vc:nlion in a procoe,d,ng ty ,1. peuoo who i:s IIOC a Jllllt)' who bu a !tlb511LI1tial. property inlcn::st in t~ .whjrd: rn:1tter ot I.be proctc~.di,:ig. or wbo~~ property is likcl~· t.:, I,,:: din:ctly ,.ffocte.-1 by rhc ri:sul1 af~ pmcceding. Di,c;i,:tion,,ry inlcnla!ti.on. Inli:rvrotion m.!)' ~ •llowed in the discrd">n of the uairJncr wlu:n partict]llliori ofthl-i~lli!lVfflOI' um party would bc: in tN'c f'Uhl;c int<=~! A ~ion 1111 interve11e maybe made-0rally-0rm "'"fitinJ:, ~ub_1«:t to the: following limitat,on,;. Evuy J)"liti= ~hall be !ittpp,,rkd by fit::a ~fficien: ro j~ify lhe rcqu~t Su::h rai:.1, may be pl'!'.';aitcd b)I affidavit 01, iftlic (l('tition is ml, by testimony and e~hjbits ' Time lirr.,ts for pdit,on (I) If II prc-{w.-ming confucnc:c has been ~led for wtn,:h tile pcli:iurn:r hi!& md at leut ten (I 0) day<1 actual nor ice (or would !lave received acrual 1JQ,1icc by c:xCKising rc:ason1bledili~11cc). a pr.hrio" !o, 1nlfl..-o::.ne a~ a mattm" o[rigbt shall be submitted 8t 01 prior ti., th.:: )},IC-h.::ari<1g .,.,nfon:n~e. (F~ilurc tu ,espood pmmplly 1o ~ wrillcn noll«' of the pi:n.denry of a pro?(l'ied ~ctioo'. namllll.!y u1dic11tu lad: of reuolW>k di!igen~.) In all other cir~s. a petition lo intervene a~~ >l'uott~ of r,ght must be: submi11cd prioc to (Ir at the opening of!M first hearing .. ,. 0 ~ 0 -w "' 0 0 -J U1 -... lJ 3 r :n Ul m "' C. m -< w w w 0 ,, w ' Dec 13 2007 5:14PM LASERJET 3330 \ 2 3 4 5 6 7 8 9 \ \ KC ODES NOV 2 9 200?1 CASHIER BEFORE TO THE Peter Donahue Hearing Examiner NOV 2 9 2007 l'\11'il.:3 LUUNTV HEARING EXAMINER KING COUNTY HEARING EXAMINER EAGLE CREEK LAND DEVELOPMENT, 10 LLC, 11 12 Appellant/Petitioner, v. NO. L05P0026-Threadgill Plat 13 KING COUNTY, a political subdivision for STATEMENT OF APPEAL the State of Washington, and the KCC 20.24.090 14 DEPARTMENT OF DEVELOPMENT and 15 16 17 18 19 20 21 22 23 24 ENVIRONMENTAL SERVICES, TO: AND TO: Respo!jdent. Stephanie Warden, Director of the King County Attention: Lisa Dinsmore, Current Plaruring Department of Development and Environmental Services (''DDES'') 900 Oakesdale Avenue SE Renton, WA 98055 OFFICE OF THE KING COUNTY HEARING EXAMINER 400 Y esler Way Room404 Seattle, WA 98104 APPEAL STATEMENT WILLIAMSON LAW OFFICE Columbia Center Tower-Suite 6500 701 5th Avenue -P.O. Box 99821 Seattle, WA 98139-0821 EAGLE CREEK LAND DEVELOPMENT, LLC . 1 (206) 292-0411 \FAX (206) 292-0313 FILE copy· p.4 Dec 13 2007 5:14PM Hn LASERJET 3330 Citizens' Alliance for a Responsible EvendeJI PO Box 2036 · -• --• · ·----· · · · --· Renton, WA 98056 "1 ignl.91ndS _l'ie Jgl'.lXl!S ®holm&~.com HearinJ Exami'ler King County Hearing Examrner's ONlce 4DO Yesler Way· Surte 404 Seat11e WA 98104 Fax: 206.296. 1654 Decernbe,10,2007 RE: Threaognt Preliminary Plat Application L05P0026 Dear Mr, Examiner, RECE:IVEO DEC 1 I 2007 "·'""' .._,,..,ur-.IY HEARING EXAMINER With lh,s tener, Cttizens' Affiance for a Responsibllil Evendell (C.AR.E.), a Washinytoo State non-profit corporation representing O'ver 500 householos in the S1JJTOtmdin9 commt1niiy, petitions the King County Hearing Examiner's Office to intervene on behalf of t,,e comtr11J11ity in tllEJma-ol the Threadgli Pr&Jlminary Plat ApplicatkITT L05P0026. Ms. High will speak for C.AA.E. in tl';ls matler, If a Pr..-.Hearil'lg Conlemnc& is nec""1sary to 1ormally submit and decido !his peti!,on, please consider !his correspondenoo a request ot a Pm-Hearing Confa,ence. f'. 5 CAR.E. and its members would be directly Md adversely affocted 1i the subject application is permitted and oor1s1ructed accordrng to the DOES Preoliminary Recomtn.enda.tlons Aepor'l ·to 1ha Healing Exzmtner. YVe are primarily interested in ensuring coordinated and responsible d<lvek>pment of tt,,. comml/11/ty consistent with state and local laws and regulations. CAR.E. and its members ara also intensely concerned with proteciing against physical damage to existing residences and prop&rties as a rs>sull of sit1, preparation, consir\llltion, and use asSOQlated with !his development. Recent developments in the arna have res1JhM in tens of !hoL1£ands of.dollars of damage to surrounding properties and incalculabla heartache. Such ,mp,wts would harm C.A.R.E. members· interests in protecting their property values, along with their privacy and ti,,; quiet et,joyment of their property. Addi!ional!y, we have recently beoome aware that toe applicants, EAGLE GREEK LAND DEVELOPMENT. filed a PERMIT TYPE: APPEAL -L witl, DDES on 11/29/2007 (AclivHy No: L07AP018). We understand that as of !his morning, your office has not yut rocoi,ect notice Of this filing. Wo requoot !hat the haarll'I!) before your office for L05P0025 be delayed until aftei tha coociuslon ol aH processes assoc.lated with L07AP018. The original ol this document is being forwarded 10 your office today via US Mail. Thank you for your lime and att&ntion. r4~ffr~5 /r(/, Gw<,ndolyn High President Dec 13 2007 5:15PM LASERJET 3330 OFFICE OF TIIE HEARING EXAMTNER KING COUNTY, WASHINGTON 400 Ye,!er Wa:y, Ro,,m 4-04 Se•ltle, W'nshingtoo 9&104 Telephone (206) 2%-4660 Facsimile (206) 2%-1654 Em•il: hearcx@metrokc.gov December 12, 2007 NOTICE 0.F HEARING ON PETITION 1'0 (N'TERVENE; N011CE OF SCREDIJlJNG CONFERENCE, A.IIID CANCELLA 110.N OF Wt!: UMHNG,QN ~J,J¥]li',A~Y l'l.AT APPLICA TIQN SlJRJFCT: D¢partm,mt ofl)o,e/opmcnt an,l EnvimnmenJal Services File No. L05P0026 Proposed Ordinance No. 2007-00W THRJ:AJ>Gil,l, Stm'l>IV1SION Preliminary Plat App:lfoa.tioo and Appeal of Mitigated iletermination of Environmental Non-Signiflc1111ce (MDNS) Location: J\pplicanc King County: I 3502 ···· l 62r,d Avenue Sottrlleast Eagk Cr<l&k Development, LLC Attn: Rll:lldy Goodwi11 I.HO l S0t1LJ1eccst 253rd Street Kent, Wasilingtc,11 9&1142 Telephone: (206) 730-1945 D"l)artment of De,elopmem and Environmental Services (DOES) represented by Chad Tibbits nnd Barbara He~vey 900 Oakesdale Avenue Sonthwcst Ren~m, Washington noss Telephone: (206) 296-7194 f,u:sirn ile: (206) 196c705 I T~lephone: (206) 296-7222 facsimile: (206) 296--6613 On Dc.ceinbi:r 18, 2007, at 9:30 a.ni. in the ))e11nrtm(lnt of J):t:v~lupnlent and E11viroantcntal Servke!-i He-al'ing Room,. 900 Oukesd~tie AventJ.e SW. Rmtou~ Wa'ibint1ou: The Klng County Heuring Examiner will cnns.ider the pet.iti"on ofCittlien-s' AJliance for n Respomibfc Even<lell (C.A.R.E.) to intervene in this proceeding. Following action on the pctitiun~ the 1.:.·:x.amlncr will conduct a scheduling Clmfrrence to g(wern forther proceedings. The h~riog on this preliminary plat, s,cheduleJ for December 18, 2007, i:! ca.ucellc<l. otmF:R.ED December 12, 2007. C)A~<":-:,C:-,>cS=--_~ . c.:::::::, ~~ ~"'"'-"')";,;, J~es N. O'Connor King Couniy Hearing Bx1-uni ner pro t,:m p.6 Dec 13 2007 5:16PM LASERJET 3330 RULFS Or PROCEDUR!c OF nm K!NC COUNTY !JEARJNO EXAMfNER Ruic VII!. PRE,HEARTNG CONFERENCES A. Purpns1.:: and Jniti.atiou Prc~hearin.g c011forcnct."S promote efficiru.1t case management by providiog ,'.'01 i1·1formal pmce-ss for early id.:::otific:a:tion of i:-;;.'il1es a,i,:J resolution of procc.duraJ matte.rs in complex casi::s. f:vidcncc i;em:ra!J_y wHJ not be received at fl pre~hcarint conference. except when required in order for the cxamio~.-to rule 011 i.l m.otirm. (Pre-marking and introducticm of exhibits to wbicf1 there is r.o ohjection 11112)' L)Ccuc at the diAcretkm of the examiner..} The axamin-er, on motiim of art}' party or u.pon his/her own motion, may convc:nc a prc-hcari11g COil ferorJCC to: I. ldcntify. clarify, lirnit (1r s.im_plify is.soo~. :? . Hear a:nd consider pre-hearint morion5. 3. Schcdul~ hearings., identify pMiies atid witnes.les, dt:tennUle tlic order (lf;:md Hmits upno t€'tfonony, ot»ait;. sti_pulntions a.o; to facts a.ud law, id,~ntify and o<lmll exhibiL'>, on.lt::.-- dis.c1wery, and cou~ider and act UJ:lCll any c,t·hcr rm1tte1· whfoh may ,iid in the ef1icien1 disp-o~tion oft.he hear'.rtg H. Rc411e-;ts for Confe:·e1icc A motion to c.:onvene a pn>-h:earir1g conforenee shaH be made to the examiner :is t;Oon as rhe nt:d for a conferenc,:: ;s recognized by me moving pany (ai least 21 days prior to tb(: ~chcduJed hr:aring dfl.te}, mtd shall state the r~~ms for the-reque5t 1 including ooy motions 10 he prt>se-nte.d. for _good ca,1sc ~w:ted ln 1hc m.otim,, th~ exai.uin« ma.y comider a rcq'Jcsr IJmt fatls !.o mei;:t t11e 2 I ··day rcqniremcnt. For h-eari:ngs autho1i1:ed under KCC 20,24.080, a ntotion by ru.Jy party for a pre·heru-ing wnfcrenc~· shaU k granted if1irnely. Howev~. i.mfoss .c-onsente<l to by alt parties or otherwise orden:d for good .;a~ by tlit eJvt:1nfr1er, nD p.re~hraring canfercnc:e on an appe~l can be c:onveiied l.:1t~r 1lmn -l.5 dnys :aftr.r rnc!!ipt of the stattem(;'nl of <lppea.1 b;t I.he hcL1~g exrunfoer's 0ffke. C. Proceedings-at Conforcnce A pruty who lw rr.;;t;eived ti1nely notice of a: pre-heffi·ing con1l!'renci.: shall kli.::ntifY at the (:Onfcreni..'c any pre-hearing morion.'i no! previously made which be/she lntcudj to make. Prutfes or in1er.:s1cd f<t.'T.sons may als.o file timely wrirr~n pre-bearing 1Mtions forc01midcratio11 at the pt:-hcarin,g cooferen~-Failure to make or d.i.li~lose a motion which w.w avaifobk: to Lhe pany ar rhe time of the conference m.a.y be grounds, for it.,;;; denial if subs•~-cJw:ntly made. lJ. Pre-hearing On:lcr Following a pre-hearing couf~~n·ce, the examiner shall issui.:; an (1rde.1· s~cifying al ifi.:m:-. d~~tcrmiued at the cunforence. Tbt: c)rd.cr shall be bindiug upon all PKrtic.'i and intGn.:sr~d persom who rc.-ceived limely noti-ce oftJ1e confortnce. Revi~<l ?v1arch31, 1'}9.". p.7 • 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) i>Cobb v. Snohomish County Wash.App., 1991. Court of Appeals ofWashington,Division I. Larry COBB, Robert Hale, and R/L Associates, Inc., Appellants, V. SNOHOMISH COUNTY, Respondent. No. 24680-1-1. Nov. 4, 1991. As Amended on Denial of Reconsideration Feb. 28, 1992. Review Denied June 3, 1992. Developer brought action challenging validity of county code section requiring that developers agree to share in cost of improving road systems impacted by proposed developments as condition of preliminary plat approval. The Superior Court, Snohomish County, John F. Wilson, J., ordered county to grant developer's application for preliminary plat approval upon payment of pro rata share of proposed left turn lane. Developer appealed. The Court of Appeals, Pekelis, J., held that: (!) county code section fell within voluntary agreement exception to statute generally barring municipal corporations from requiring developers to pay fee, tax or charge; (2) word "voluntary," within meaning of voluntary agreement exception, means that developer has choice of either paying for those reasonably necessary costs which are directly attributable to developer's project or losing preliminary plat approval; (3) sole lane of traffic impacted by development would be at level of traffic service "C," rather than higher level "D," and, thus, only obligation which county could impose on developer was that developer agree not to protest formation of road improvement district; and (4) developer's request for attorney fees was premature. Reversed and remanded. Grosse, C.J., filed opinion concurring in the result. Agid, J ., filed concurring and dissenting opinion. West Headnotes ill Zoning and Planning 414 €:==>86 Page I 414 Zoning and Planning 41411 Validity of Zoning Regulations 414Il(B) Regulations as to Particular Matters 414k86 k Permits and Certificates. Most Cited Cases County code section requiring that developers agree to share in cost of improving road systems impacted by proposed land development projects in order to receive preliminary plat approval fell within voluntary agreement exception to statute generally barring municipal corporations from requiring developers to pay fee, tax or charge; agreements provided for in code were "voluntary" within meaning of statute, even though approval of development was conditioned upon agreement1s execution. West's RCWA 82.02.020. ill Zoning and Planning 414 €=:>382.4 414 Zoning and Planning 414VIII Permits, Certificates and Approvals 414VIII/A) In General 414k382.l Maps, Plats, or Plans, Conditions and Agreements 414k382.4 k Fees, Bonds, and in Lieu Payments. Most Cited Cases Developer may enter into voluntary agreement with local government to pay fee which local government has established is reasonably necessary as direct result of proposed development of plat under exception to general prohibition against local governments' imposing taxes, fees or charges on developers. West's RCWA 82.02.020. ill Zoning and Planning 414 €:==>382.4 414 Zoning and Planning 414VIJI Pennits, Certificates and Approvals 414VIII/A) In General 414k382.l Maps, Plats, or Plans, Conditions and Agreements 414k382.4 k. Fees, Bonds, and in Lieu Payments. Most Cited Cases Word "voluntary," within meaning of voluntary agreement exception to general statutory bar prohibiting municipal corporations from requiring developers to pay fee, tax or charge, means that developer has choice of either paying for those © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) reasonably necessary costs which are directly attributable to developer's project or losing preliminary plat approval. West's RCWA 82.02.020. HJ. Zoning and Planning 414 €=3s2.2 414 Zoning and Planning 414VIII Permits, Certificates and Approvals 414VIII(A) In General 414k382.l Maps, Plats, or Plans, Conditions and Agreements 4 l 4k382.2 k. Streets, Improvements, and Utilities. Most Cited Cases Sole lane of traffic impacted by development would be at level of traffic service "C," rather than higher level "D," and, thus, only obligation which county could impose on developer under ordinance requiring developers to share in cost of improving road systems impacted by development projects was that developer agree not to protest formation of road improvement district. West's RCW A 82.02.020. ill Zoning and Planning 414 €=382.4 414 Zoning and Planning 414VIII Permits, Certificates and Approvals 414VIIl(A) In General 414k382.l Maps, Plats, or Plans, Conditions and Agreements 414k382.4 k. Fees, Bonds, and in Lieu Payments. Most Cited Cases Zoning and Planning 414 €=610 414 Zoning and Planning 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)l In General 4 l 4k608 Arbitrary, Capricious, or Umeasonable Action 414k610 k. Decisions of Boards or Officers. Most Cited Cases Under statute providing voluntary agreement exception to general prohibition barring municipalities from requiring developers to pay fee, tax or charge, it was incumbent upon county to show that required improvements were reasonably necessary to mitigate direct impact of development, and decision was reviewed under arbitrary and capricious standard. West's RCWA 82.02.020. Ifil Zoning and Planning 414 €=729 414 Zoning and Planning 414X Judicial Review or Relief 414X(D) Determination Page 2 414k729 k. Costs. Most Cited Cases Request for attorney fees by developer, who successfully challenged application of county code provision requiring that developers share in cost of improving road systems affected by proposed land development projects, was premature where developer reserved damages issues; on remand, if developer prevailed in action for damages and trial court in its discretion awarded attorney fees and costs, developer should also receive award of fees and costs incurred on appeal. West's RCWA 64.40.020. **l70*452Richard B. Sandersand Sanders Law Office, Bellevue, for appellants. Seth R. Dawson, Pros. Atty., and Evelyn Sue Tanner, Deputy Pros. Atty., Drew Nielsen and Nielsen, Nielsen & Leach, Everett, for respondent. PEKELIS, Judge. Larry Cobb, Robert Hale, and R/L Associates, Inc. (Cobb), challenge the validity of Title 26B of the Snohomish County Code (SCC) which requires that developers share in the cost of improving road systems impacted by proposed land development projects. Cobb contends that the ordinance imposes unauthorized taxes, fees or charges on developers, violates substantive due process, and effects a taking of private property without just compensation. **171*453 I A. sec Title 26B On May 11, 1982, the Snohomish County Council adopted a revised road ordinance, SCC Title 26B, in an effort to address those problems associated with the increasing demand placed on county roads by intensified land use and rapid population growth. Former SCC 26B.50.0IO. The declared purpose of the ordinance is to "ensure that public health, safety and welfare will be preserved by having adequate roads to new and existing developments by requiring all land development projects in unincorporated Snohomish county ... to pay for a proportionate share of the cost of road improvements due to such land developments." Former SCC 26B.50.020. © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. • ' ' 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) To effectuate this purpose, the ordinance requires that developers agree to perform certain remedial measures before receiving land use approval from the County. Former SCC 26B.52.010. Developers are required, upon request, to prepare a comprehensive traffic study detailing the immediate and long-term effects of the proposed development on the level of traffic service (LOS) of the surrounding road system.00 Fonner sec 26B.53.030({); see also former SCC 26B.52.010(1). The ordinance incorporates the LOS criteria outlined in the Highway Capacity Manual, a guide published by the Transportation Research Board. Former SCC 26B.51.0IO. The criteria are based on the unused capacity of the particular lane in question, and may range from "A" (little or no traffic delays) to "E" (very long traffic delays). FNI. Former sec 26B.51.080 defines a "road system" as: "[T]hose existing or proposed county roads (if any) which are located in the development site and/or between the development site and the nearest state highway or highways, projected to be utilized by ten percent or more of the traffic generated by the development." Under Chapter 26B.55, developers may have to agree to contribute to certain road improvements in order to obtain project approval. In general, the greater the expected traffic delay following a project's completion, the greater the obligation*454 imposed upon the developer. Thus, where a project will be served by a road system of LOS A or B, the developer has no obligation to make off-site road improvements. At most, the developer may be required to perform frontage road improvements or dedicate an additional right-of-way. Fonner sec 26B.55.020. Where a project will be served by a road system of LOS C, the developer is obligated to agree not to protest formation of a road improvement district (RID) and also may be required to perform frontage road improvements or dedicate an additional right-of- way. Former SCC 26B.55.030. In contrast, "developers whose projects will be served by a road system which will be at level of service D following completion of the development Page 3 shall incur obligations to mitigate the direct impact of said development." This is to be done by executing a valid written voluntary agreement with the county in which the developer agrees to pay a proportionate share of the cost of mitigation improvements. Former SCC 26B.55.040(1). The proposed development will not be approved until all necessary funding 1s committed and the project is under contract or construction. Former SCC 26B.55.040(2). B. COBB'S SUBDIVISION In December 1987, Cobb applied to the County for preliminary plat approval to subdivide a 5.07 acre parcel of property into 18 single family lots. The propos.ed subdivision, named "Zenith Village", was located north of 234th Street S.W. and west of State Highway 99 (SR 99). Cobb was a contract purchaser of part of the property and an agent for the owners of the remaining portions. Pursuant to SCC 26B.53, Cobb furnished the County Department of Public Works (DPW) with a traffic study detailing, inter alia, the impacts of the subdivision on the 234th Street S.W./SR 99 intersection. The study concluded that: [t]he intersection of 234th St. S.W. and Highway 99 would operate at the CID **172 range as indicated by the attached analysis. Traffic movements with proposed subdivision traffic all operate at LOS C. It is only those movements approaching Highway 99 from the east and Highway 99 southbound left *455 turn movements that would operate at LOS D. The proposed subdivision would not contribute any vehicles to these movements. Although the DPW found Cobb's study generally acceptable, it took the position that the question of whether the development directly impacted traffic conditions was detemtined by characterization of the entire 234th Street S.W./ SR 99 intersection. Since this intersection as a whole would operate at LOS D, Cobb was asked to submit a mitigation proposal pursuant to former SCC 26B.55.040(I)(a). Cobb and the DPW entered into negotiations to detemtine the appropriate fee to mitigate the direct impact of the development on the intersection in question but were unable to reach an agreement on the correct formula to be applied. Thus, under former SCC 26B.55.070(2), the matter was brought before a hearing examiner to decide on the correct impact mitigation measures to be undertaken as a condition of plat approval. © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) At the hearing the DPW claimed that because Cobb's development would result in adding vehicles to an intersection which was already at LOS D, his proportionate share should be based upon full improvement of the entire intersection. It thus asked the hearing examiner to reject Cobb1s mitigation offer, which was based simply on a proportionate share of the estimated $10,000 cost of a left tum lane for the west leg of 234th/SR99 intersection, the only leg his development would directly affect. The hearing examiner found Cobb's traffic impact mitigation offer unacceptable, determining that, as the DPW contended, only full improvement of the entire intersection from LOS D to LOS B or better satisfied the mitigation requirement. Additionally, the hearing examiner noted that because the State Department of Transportation had no plans for major signalization or road improvements, Cobb's offer for the 234th Street SW/SR 99 intersection was infeasible. On appeal, the Snohomish County Council upheld the hearing examiner's decision. Cobb then brought an action in *456 Snohomish County Superior Court, requesting that SCC Title 26B be declared invalid as an unconstitutional tax. The trial court denied Cobb's motion for declaratory relief on the grounds that its "interpretation of SCC Title 26B that the maximum exaction required from an applicant carmot exceed the pro rata cost of roadway improvements attributable to an applicant's proposed project" rendered the ordinance constitutional. The trial court ordered the County to grant Cobb's application for preliminary plat approval upon payment of his pro rata share of the proposed left tum lane. In essence, the trial court adopted Cobb's mitigation offer which the hearing examiner had rejected. The court gave Cobb the choice of paying a flat $25 fee or an exaction based on a revised calculation of Cobb's proportional share. He paid the $25 fee under protest. Cobb appeals, challenging both the validity of SCC Title 26B on its face and as applied to his request for preliminary plat approval of his proposed subdivision. II ill Cobb contends first that SCC Title 26B is nothing Page4 more than a scheme for imposing taxes, fees, or charges on developers in violation of RCW 82.02.020. RCW 82.02.020, provides in relevant part: [N]o county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification ofland. Laws of 1982, 1st Ex. Sess., ch. 49, § 5 (effective July I, 1982). **173 Early cases interpreting this statute focused on "whether a development fee constituted an unauthorized tax or a valid regulatory scheme, as that distinction was explained in Hillis Homes, Inc. v. Snohomish Cy., 97 Wn.2d 804, 809, 650 P.2d 193 (19821". RIL Associates v. Seattle. 113 Wash.2d 402, 408, 780 P.2d 838 (1989). However, as RIL *457 Associates makes clear, the "tax/regulation distinction" is no longer relevant because _the statutory prohibition against '"taxes, fees, or charges" is so all-encompassing it applies to all development fees unless specifically excepted. RIL Assocs. 113 Wash.2d at 409, 780 P.2d 838. ill Accordingly, if SCC Title 26B required developers to pay a fee, tax, or charge even if that were specifically used for payment of off-site road improvements, it would run afoul ofRCW 82.02.020. However, RCW 82.02.020 also creates an exception for "voluntary agreements ... that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat." (Emphasis added). In other words, a developer may enter into an agreement with local government to pay a fee which local government has established is "reasonably necessary as a direct result of the proposed development or plat." RCW 82.02.020; see also Southwick Inc. v. Lacey. 58 Wash.App. 886, 895, 795 P.2d 712 (1990); Comment, Subdivision Exactions in Washington: The Controversy Over Imposing Fees on Developers, 59 Wash.L.Rev. 289, 298 (1984). It is apparent that Snohomish County has attempted © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. ' ' 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) in SCC Title 26B to comply with the "voluntary agreement" exception in RCW 82.02.020. On their face, the negotiated agreement provisions in former sec 26B.55.040 mirror the requirements for the voluntary agreement exception within the statute. The provisions provide a scheme which allows the developer to agree to pay for its share of reasonably necessary improvement,;; to roads directly impacted by the proposed development. See, e.g., former SCC 26B.55.040(l)(c) and (d); see also former SCC 26B.55.080. UJ Cobb asserts that the agreements provided for in former sec 26B.55.040 are not "voluntary'' within the meaning of RCW 82.02.020 because approval of the proposed development is conditioned upon the agreement's execution. We disagree. Within the context of RCW 82.02.020, the word "voluntary" means precisely that the developer has the choice of either (1) paying for those reasonably *458 necessary costs which are directly attributable to the developer's project or (2) losing preliminary plat approval. The fact that the developer's choices may not be between perfect options does not render the agreement "involuntary" under the statute. Comment, 59 Wash.L.Rev. at 298:See generally, Settle, Washington Land Use and Environmental Law and Practice 114-115 (1983).= FN2. We disagree with Cobb's assertion that Ivy Club Investors Ltd. Partnership v. Kennewick. 40 Wash.App. 524, 699 P.2d 782,review deniedl04 Wash.2d 1006 (1985) holds that a fee is not voluntary if the proposed development is conditioned upon its payment. Although the court characterized the park fees in that case as involuntary, it did so within the context of the Hillis Homes tax/fee test, rejected in RIL Associates. Ivy Club 40 Wash.App. at 529, 699 P.2d 782. There is no indication that the court's characterization was based on an analysis of the voluntary agreement exception in RCW 82.02.020. Moreover, Cobb does not claim that he has an absolute right to receive plat approval; he clearly does not. The county is authorized to withhold approval if appropriate provisions have not been made for the public health, safety, and general welfare. RCW 58.17.11 O; see also, Southwick, Inc. v. Lacey, 58 Wash.App. 886, 892-93, 795 P.2d 712 (1990): Miller v. Port Angeles. 38 Wash.A(1p. 904, Page 5 909, 691 P.2d 229 (1984). review denied! 03 Wash.2d 1024 (1985). In adopting SCC Title 26B, Snohomish County had declared that new developments have the potential of impacting traffic in such a way as to create serious health, safety and welfare problems. The purpose of former SCC 26B.55.040 is to make appropriate provisions for mitigating the direct impact of new developments on existing roads. **174 Accordingly, we conclude that the voluntary agreement scheme contemplated by SCC Title 26B is not violative of RCW 82.02.020. The ordinance properly permits voluntary agreements between developers and the county for payment of a fee to mitigate the direct impact of the traffic problems of the county. In so deciding, however, we do not reject Cobb's challenge to the specific provisions of the ordinance as applied to his proposed subdivision. Cobb correctly contends that the traffic his development would contribute, *459 when properly calculated under the ordinance itself, does not justify application of the LOS D provisions. ill Under the statute, it was incumbent upon the County to show that the required improvements were "reasonably necessary'' to mitigate the direct impact of the development. Southwick, Inc., 58 Wash.App. at 895 795 P.2d 712. Tiris decision is reviewed under the arbitrary and capricious standard. Southwick, Inc., 58 Wash.App. at 895, 795 P.2d 712 (citing Pentagram Corp. v. Seattle, 28 Wash.App. 219 228, 622 P.2d 892 /198ll). ill Here, SCC Title 26B expressly incorporates the Highway Capacity Manual's definitions relating to traffic design, traffic flow and traffic operation. According to the manual, the LOS within an intersection relates to the unused capacity of the traffic lane in question within the intersection, not the entire intersection itself. While Cobb's development contributed some traffic to LOS C traffic lanes, it contributed none whatsoever to the LOS D traffic lanes. The trial court apparently recognized this and thus attempted to correct the hearing examiner1s error by limiting Cobb's obligation to the proportionate cost of the left turn lane of the intersection. However, the trial court's ruling is also improper. Because the lane impacted by Cobb's development would be at LOS C, not D, under former SCC 26B.55.030, the court had no authority to require mitigation at all. The only obligation which the County could impose on Cobb © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) was that he agree not to protest the formation of a RID. Accordingly, we hold that while the mitigation scheme provided for in SCC Title 26B does not on its face violate RCW 82.02.020, both the hearing examiner's and the trial court's application of SCC Title 26B to Cobb's plat was arbitrary and capricious. Therefore, Cobb's $25 payment is to be refunded and the plat approval granted in conformance with the requirements of former SCC 26B.55.030, not .040.Elli FN3. Cobb also claims that sec Title 26B unconstitutionally deprives him of substantive due process and effects a taking without just compensation. We have rejected Cobb's claims insofar as they are based on the assertion that SCC Title 26B is invalid on its face as a tax, fee, or charge. To the extent Cobb also asserts that former SCC 26B.55.040(2) can result in the developer having to pay more than the developer's pro rata cost if the County is unwilling to contribute funding, we decline to address this claim. Because our holding takes Cobb's development outside the LOS D Category, we need not and do not decide whether the LOS D requirements under former SCC 26B.55.040 are constitutional. *460 III lfil Cobb has requested attorney fees on a number of grounds. Attorney fees may not be awarded in the absence of statutory authority or an applicable equitable or contract provision. Blue Sky Advocates v. State. 107 Wash.2d 112. 122. 727 P.2d 644 (1986). We conclude that the only possible ground on which he would be entitled to attorney fees here would be under RCW 64.40.020, which provides in part: (1) Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law: Provided, That the action is unlawful or in excess of lawful authority only if the final decision of the agency was made with knowledge of its unlawfulness or that it was in excess oflawful authority, or it should reasonably have been known to have been unlawful or in excess of lawful authority. **175 (2) The prevailing party in an action brought Page 6 pursuant to this chapter may be entitled to reasonable costs and attorney fees. (Emphasis added.) However, because Cobb has reserved the damages issue under this statute, his request for attorney fees is premature. On remand if Cobb prevails in his action for damages and the trial court in its discretion awards attorney fees and costs, Cobb should also receive an award of fees and cost.s incurred in this appeal in such sum as the trial court shall determine reasonable. Accordingly, we reverse and remand for further proceedings consistent with an interpretation of Cobb's obligations under former SCC 26B.55.030 and his claim for damages. *461GROSSE, Chief Judge (concurring). I concur in the result reached in the lead opinion, but write separately to state my view that it is unnecessary in this case to decide the issue of the validity of the ordinance. AGID, Judge (concurring and dissenting). While I concur in the result reached in the lead opinion with respect to the erroneous interpretation of Title 26B of the Snohomish County Code (SCC), I disagree with its conclusion that agreements under former SCC 26B.55.040 are "voluntary'' agreements under RCW 82.02.020. I therefore write separately to address this issue. RCW 82.02.020 was enacted by the Legislature in 1982 as part of comprehensive legislation that included the grant of authority to certain local governments to impose additional sales and real estate transfer taxes. Along with this additional taxing authority, the Legislature imposed a prohibition of certain development fees. This amendment was the first to confront the imposition of fees as a condition to development, even though there had been other proposals before the Legislature to expand or limit municipalities' authority to impose such fees. (Citations omitted.) RIL Assocs. Inc. v. Seattle 113 Wash.2d 402 406-407, 780 P .2d 838 /1989). In RIL Assocs .• the Supreme Court recognized that earlier cases had "resisted a literal application of RCW 82.02.020". 113 Wash.2d at 408, 780 P.2d 838. In determining that henceforth the statute must be © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. I , 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) strictly applied, the court observed that the [ earlier J cases implicitly recognized the importance of the statute as a source of local government's authority lo economically burden development, but gave the statute a narrow construction and limited application. However, in the light of the Legislature's clear intent as embodied in the statute 1s language, and the circumstances surrounding its enactment, we find that such a construction is not warranted, and will apply the statute according to its plain and unambiguous terms. RIL Assocs., 113 Wash.2d at 409, 780 P.2d 838. Thus, our first task is to determine, in the context of this case, what those "'plain and unambiguous terms" are. *462 In order to properly analyze RCW 82.02.020, we must first clarify what it is and is not. It is apparent that it is not an enabling statute. It confers no authority on municipalities to impose conditions on development or charge fees in the absence of independent authority pennitting the imposition of conditions for which the fee is a substitute. The statute is first and foremost a taxing statute. It begins by declaring that Except only as expressly provided in [three statutes not relevant here], the state preempts the field of imposing taxes upon [ various commodities and activities]. Except as provided in RCW 82.02.050 through 82.02.090, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, **176 or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply. RCW 82.02.020. As a first principle, then, the statute is a prohibition on direct or indirect taxes, fees, or charges on development activity except that on-site dedications and casements which are pennitted by other statutes are not prohibited by RCW 82.02.020. While generally prohibiting what have come to be known as development fees or exactions, RCW Page 7 82.02.020 then enumerates certain exceptions which include "voluntary agreements ... that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat." (Emphasis added.) The voluntary agreement provisions of RCW 82.02.020 do not themselves grant authority to require developer exactions. Rather, they "allow" the local government and the developer to enter into an agreement to pay a fee as an alternative to dedicating land or complying with a mitigation requirement which that government may impose *463 as a result of authority granted by another statute or ordinance.llil FNI. For example, RCW 58.17.110(2) pennits the local government to require "[ d]edication of land to any public body ... as a condition of subdivision approval''. Similarly, under the authority of the State Environmental Policy Act, applicants may, under circumstances dictated by the statute, be required to comply with conditions imposed by local government to "mitigate specific adverse environmental impacts" of a proposal. RCW 43.21C.060. These conditions may include reconfiguration of lots, preservation of open space, improvement of utilities and numerous other conditions for which an applicant may prefer to pay a fee for off-site mitigation measures rather than significantly change the configuration of the development. The county cites us to no independent authority which would permit it to require Cobb to construct or contribute to the construction of a left turn lane at the intersection of State Highway (SR) 99 and 234th Street s.w.= Thus, the first problem with former sec 26B.55.040 is that it exceeds the limited authority of RCW 82.02.020 by imposing "voluntary" fees as a condition of project approval where the county has no independent authority to impose a condition for off-site improvements. The ordinance simply pronounces that, where the project is found to impact roads which are at LOS D or E, the developer shall form a Road Improvement District (RID) to fund "full improvements" Elli or enter into a .. voluntary agreement" to pay for some or all of the *464 improvements. In the absence of independent authority to require the developer to build the improvements, the county cannot use RCW 82.02.020 as part of a bootstrap operation to supply © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) that authority and then require payment of a fee as a substitute for construction of improvements it cannot require in the first place. FN2. We note that this project was not found to require an environmental impact statement under SEPA, and no significant adverse environmental impacts associated with the roads in question were identified which would permit the county to require mitigation under RCW ch. 43.21C. Nor could fees be imposed in this case under RCW 82.02.050et seq., which does permit local governments to require developers to pay impact fees to finance their proportional share of "new facilities needed to serve new growth and development", RCW 82.02.050{l){b), because that statute was not enacted until 1990. FN3. Of the four options under former SCC 26B.55.040(1), only one does not involve an agreement to pay a fee. Subsection (b) allows formation of an RID for "full [ rather than a proportionate share] improvements" to the road or roads in question. However, an RID was clearly impossible here because SR 99 is a state road which the Department of Transportation did not want improved, and the cost of funding the entire left tum lane greatly exceeded the fee. It is also not at all clear that formation of an RID under these circumstances was feasible since Cobb's project represented such a small proportion of the properties that would have to consent to the RID. The second major problem with the ordinance arises from its apparent misapprehension of the meaning of the word "voluntary" as it is used in RCW 82.02.020. As noted above, the statute ••177 docs not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in Jieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. The word "voluntary'' is not defined in the statute. Where there is no statutory definition, the court must give a word its ordinary and usual meaning. State v. Standifer 110 Wash.2d 90, 92-93, 750 P.2d 258 Q.W.l. The word "voluntary'' is defined as Page 8 "proceeding from the will[;] produced in or by an act of choice ... [;] ... performed, made, or given of one's own free will ... [;] ... acting of oneselfI;] not constrained, impelled or influenced by another". Webster's Third New International Dictionary 2564 (1986). In order to be voluntary, an agreement must at least present the parties with a viable choice. However, under the Snohomish County ordinance at issue here, former SCC 26B.55.040, the only option given the permit applicant is to pay a fee or have the requested permit application denied. Tiris is not a choice. It is tantamount to a contract of adhesion where, if the applicant wants the permit, there is no choice but to accept the terms that are dictated by local government officials. The permit applicant is not acting of his or her own will "not constrained [ or compelled] by another'' when paying a fee solely to avoid denial of the requested land use approval. *465 This is not to say that, in the context of obtaining development permits, the statutory provision allowing voluntary developer agreements is meaningless. On the contrary, there are numerous instances in which an applicant, legitimately required under another statute to dedicate land, reduce the size of a proposed development, or take other steps to mitigate impacts, will voluntarily choose to pay a fee instead. Should the applicant determine that a dedication of land would detract from the appearance of or reduce the market for its project, it may choose to pay a fee rather than dedicate the land which the local government can legitimately require pursuant to RCW ch. 58.17. In order to mitigate impacts on an environmentally sensitive area, a developer may choose to contribute funds to additional drainage facilities or improvement of an off-site stream or wetland. Both the municipality and project applicants may agree that it is mutually beneficial for the developers to pay into a fund to purchase a large amount of open space to be developed into a park rather than accepting dedications of small areas of open space which arc not amenable to such desirable improvements as ball fields, playgrounds and the like. While perhaps not entirely desirable from the applicant's viewpoint, these are true choices because the local government has clear authority to require the applicant to dedicate the land or mitigate the impact. Former SCC 26B.55.010(4) and .040 purport to allow the county, as they did in this case, to decide that the © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. ' . 829 P.2d 169 64 Wash.App. 451,829 P.2d 169 (Cite as: 64 Wash.App. 451,829 P.2d 169) only feasible method "of accomplishing the required road work" is payment of a fee. Under such circumstances, the other "choice" provided by the ordinance, formation of an RID to fund the full cost of the improvement, becomes illusory, and the developer is left to pay the fee or face denial of its proposal. Such agreements are not "voluntary'' within the meaning of RCW 82.02.020 and exceed the authority granted to the county to impose fees. Former SCC 26B.55.040 is therefore invalid on this ground as well. *466 I recognize that another division of this court has defined "voluntary" in the context of RCW 82.02.020 in a manner that would arguably pennit Snohomish County to impose fees under the statute. Southwick, Inc. v. Lacey. 58 Wash.App. 886, 795 P.2d 712 {1990). However, a review of the conditions to which Southwick was objecting in that case clearly distinguishes it from this one. In that case, the developer was objecting to requirements that it make improvements to the streets and sidewalks both on site and immediately adjacent to its expanded cemetery and funeral home complex, provide plans for and install improvements in water service to its project, increase the flow of water to the property and install sprinklers and a fire alarm system on the premises. All of these are **178 improvements to the property itself or are required to facilitate services to the project which the City of Lacey could impose pursuant to the zoning, building and fire codes already in effect.= The City neither relied upon RCW 82.02.020 for authority to impose these requirements nor authorized payment of a fee in lieu of building the required improvements. This alone distinguishes Southwick from this case because, as noted above, Snohomish County had no authority independent of RCW 82.02.020 to require Cobb to improve the intersection in question. FN4. For example, the Uniform Building, Mechanical and Fire Codes, together with applicable code standards, which must be adopted by every municipality in Washington, RCW 19.27.031, provide independent authority to require adequate sprinkler, fire alarm and water systems. Cities of all classes are granted legislative authority to adopt ordinances to provide standards for construction and maintenance of streets 1 sidewalks, gutters and associated improvements on site. RCW 35.22.280 (first class cities); RCW 35.23.440 (second _class Page 9 cities); RCW ch. 35.70 (third class cities); RCW 35.27 .370 (towns); RCW 35A. l l.020 (optional municipal code cities). In addition, I question the interpretation the Southwick court gave to the word "voluntary" in the statute. It relied upon the dissent in Chrobuck v. Snohomish Cy., 78 Wash.2d 858, 889, 480 P.2d 489 ~, in which the issue was entirely different.00 At issue there was the assertion that the *467 county could not enter into a concomitant zoning agreement with a property owner because to do so would bind the county to exercise its zoning power in a particular way, thus impennissibly " 'bargaining away its regulatory police power' ". Chrobuck 78 Wash.2d at 888 480 P.2d 489 (quoting State ex rel. Myhre v. Spokane 70 Wash.2d 207, 216 422 P.2d 790 (1967)).- FN5. The majority in Chrobuck did not reach the issue of the validity of the concomitant zoning agreement on which the Southwick opinion is based because they reversed the rezone on other grounds. This issue was addressed only in Justice Neill's dissent. Chrobuck, 78 Wash.2d at 874, 887, 480 P.2d 489. FN6. A concomitant zoning agreement is a contract between the governing body of the municipality and the applicant for a rezone which conditions approval of the rezone on the agreement of the applicant to comply with conditions on its use and development of the property. Myhre. 70 Wash.2d at 209, 422 P.2d 790. The conditions agreed to must be permissible exercises of the police power authorized by statute or ordinance. Id. at 215-217 422 P.2d 790:Besselman v. Moses Lake. 46 Wash.2d 279,280 P.2d 689 /1955). The issue in Chrobuck and Myhre was whether the local government could enter into an agreement to grant a rezone without committing an ultra vires act. That is far from the issue here; i.e., whether an agreement to pay a fee to offset the cost of an off-site improvement is voluntary when the county lacks independent authority to require construction of the improvement in question. Thus, while I have no quarrel with the indices of validity of a concomitant zoning agreement set out in Chrobuck, reliance on those factors is not relevant to or persuasive in detennining whether an agreement is voluntary under © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 829 P.2d 169 64 Wash.App. 451, 829 P.2d 169 (Cite as: 64 Wash.App. 451, 829 P.2d 169) RCW 82.02.020. Finally, former SCC 26B.55.040 does not comply with the requirement of RCW 82.02.020 that fees, where permissible, "mitigate a direct impact that has been identified as a consequence of a proposed development". This statutory phrase reflects the Legislature1s adoption of the "nexus" requirement imposed by case law on governmental exactions and conditions. Nollan v. California Coastal Comm 'n 483 U.S. 825, 107 S.ct. 3141, 97 L.Ed.2d 677 {1987). Simply stated, there must be a nexus, a direct connection, ''between the condition and the original purpose of the building restriction". Nol/an. 483 U.S. at 83 7 I 07 S.Ct. at 3149. Where the exaction or other condition does not mitigate an impact of the development, it *468 is an unlawful exercise of the police power. Unlimited v. Kitsap Cv .• 50 Wash.App. 723 727 750 P.2d 651 review denied.Ill Wash.2d 1008 /1988), cited with approval in Presbytery of Seattle v. King Cy .. 114 Wash.2d 320, 336 n. 30, 787 P.2d 907,cert. denied.498 U.S. 911 111 S.Ct. 284 112 L.Ed.2d 238 /1990). The Snohomish County ordinance applies to "[d]evelopers whose projects will be **179 served by a road system which will be at level of service [LOS] D following completion of the development". Where the road system itself is at LOS D, the developer is then required to "mitigate the direct impact of said development". Fonner SCC 26B.55.040(1). This language allows Snohomish County to impose the requirements of the ordinance whether or not the direct impact of the development causes the road system in question to be at LOS D. Exactions on this basis are not permitted by the terms of RCW 82.02.020. The statute requires that any exactions be imposed in order to mitigate an impact of the development. If the road system is LOS D with or without the project, there is no impact to be mitigated, and the nexus requirement of the statute is not satisfied. The problem is illustrated by the facts of this case. Cobb's proposal is for 18 lots which will add 9 peak hour trips to an intersection in which the existing peak hour trips total 2,622. Its maximum impact will be to add two left-turning vehicles to a left turn lane which is now and will continue to be at LOS C. Where, as here, there is no showing that the project will contribute to a worsening of the level of service, RCW 82.02.020 does not permit imposition of fees to offset the costs of mitigation measures. There simply Page 10 is no significant impact to mitigate. In summary, in the absence of another statute or ordinance pennitting the county to require mitigation of the impacts of the project, a nexus between those impacts and the mitigation measures being imposed, and a true choice offered to the project proponent to pay a fee rather than construct improvements or dedicate land to satisfy the legitimate requirement that it mitigate the direct impacts of *469 development, the county is without authority to require a developer to pay a fee. To rule otherwise is to effectively write the word "voluntary" out of RCW 82.02.020. The Supreme Court has unequivocally held that the statute must be interpreted "according to its plain and unambiguous terms", RIL Assocs. 113 Wash.2d at 409, 780 P.2d 838. This approach to the statute gives the word "voluntary" its ordinary meaning and furthers the intent of the Legislature that local government's power to exact fees from developers be limited to those circumstances in which the Legislature has affirmatively granted authority to do so. Wash.App.,1991. Cobb v. Snohomish County 64 Wash.App. 451,829 P.2d 169 END OF DOCUMENT © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. • . Notice ® of Decision- ~~rtment of Development and En\flronmental SeNices Land Lia• Services Division 900 0ak8sda.Je Avenue Sollthwu$! Renton, Washln!ii'ton 96057-5212 Fne No.: LOSP0026 SEPA Threshold Determination and Notice of Recommendation & Hearing Project Name: Threadgill Subdivision ODES Project Manager: Chad Tibbits, 206-296•7194 or E-mail: chad.tlbbits@metrokc.gov Applicant: Eagle Creek Development, LLC Attn.:-. R'andy Goodwin 13'1'01 SE 253"' Street Ken~ WA 98042 206-730-1945 Project Location: Tho site Is located at 13502-162'' Avenue SE. Project Description: S-ubdlvision of apprmdmatefy 4.01 acres into 15 tots, in the R-4 zone, for the dovefopmeflt of single familY detached residences. The proposed lots range in size from appro.xirmilely 6;000 to 10,000 square feet. Permits Reques1ed: Formal SubdiVlslon Department Recommendation to the Hearing Examiner. Approve, subject to conditions Date of Public Hearing: December 18, 2007, 9:30 am DOES Hearing Room -first floor 900 Oakesdale Ave SW Renton, WA 98057-5212 SEP~ Threshold Determination: Mitigated Determination of Non·Significance (MDNS) lsstied; November 91 2007 The Department of Development and Environmental Services (DOES) will issue a written report and recommendation to the Hearing Examiner two weeks prior to the schedoled public hearing. Persons wishing to receive a copy of the report should contact DOES at the address listed below. Following the close of the public hearing, the Hearing Examiner will issue a written decision which may be appealed to the Metropolitan-King county Council. Appear procedures will be stated in the Examiner's written decision. Any person wishing additional information on this proposed project should contact the Project Manager at the phone number listed aOOve. Written comments may also be submitted to ODES. A public hearing as required by law will be held to consider the approval of this application. If the Renton School District announces a district-wide school closure due to adverse weather conditions or similar area emergency, the public hearing on this matter wi!I be pastponed. Interested parties will be notified of the time and date of the rescheduled hearing. Any questions regarding postponements and rescheduling can be directed to the Hearing Examiner's Office at (206} 296-4660. Comment/Appeal Procedure on SEPA Threshold Determination: Comments on this SEPA determinaUon are welcome. This SEPA determination may also be appeared in writing to the King Count'/ Hearing Examiner. A notice of appeal must be filed with the Land Use Services Division at the address listed below prior to 4:30 p.m. on December 3, 2007, and be accompanied 'Nith a filing fee of $250.00 payable to the King County Office of Finance. If a timely Notice of Appeal has been filed, the appellant shall also fire a Statement of Appeal with the Land Use Services Division at the address listed below prior to 4:30 p.m. on December J, 2007. The Statement of Appeal shall identify the decision being appealed (including the file number) and the alleged errors in that decision. Further, the Statement of Appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the hann suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or issues raised in the Statement of Appeal. Failure to timely file a Notice of Appeal, appeal fee or Statement of Appeal, deprives the Hearing Examiner of jurisdiction to consider the appeal. Appeals must be submitted to the Department of Development and Environmental Services (DOES) at the following address: Date Mailed: November 9, 2007 DDES--Land Use services Division Attn: Permit Center 900 Oakesdale Avenue Southwest Renton, Washington 9S.057·5212 If you have any questions regarding the appeal procedures, please contact the Planner a~ the phone number listed above If you require this material in Braille. audiocassette, or large print, call (206) 296--6600 (voice} or (206) 296·7217 (TTY) You are receiving this notice because our records indicate that you own property within approximately 500 feet or because you requested to receive notlce of the decision. I I » I I >< I I I PRIVATE AGREEMENT 162"" Ave SE Extension to SE 144111 ST. and SE 136"' ST Intersection at 1561 • Ave SE KBS, Rabul B. and Arvind J. Petrie & Eagle Creek Land & Development The following agreement is entered into between Rrutul B. and Arvind J. Petrie, as individuals ["Petrie"], KBS Development Corporation, a Washington Corporation ["KBS"], and Eagle Creek land & Development, ILC, a Washington limited liability company ("Eagle Creelc"], and collectively with Petrie, KBS and Eagle Creek "Developers"] as of May l 0, 2007. t. Properties/Purpose. A. Petrie is the ownec oftbat real property descnl>ed in Exlubit A ["Uberty Gardens"]. B. KBS is the contract owner of that real property described in Exlu'bit B ["Cavalla"]. C. Eagle Creek is the conb'act owner of that real property descn'bed in Exhibit C ["Threadgill"]. D. The Developers have applications for residential subdivisions submitted to the King County Department of Development and Environmental Services ["King County"] for each of the above properties ["Properties"], and have already been or will be required to provide certain mitigation for their Properties impacts on the surrounding road improvements as part of the King County environmental review process. The pwpose of this agreement is to develop a mechanism for collectively providing the required or agroed upon mitigation improvements and allocating the costs related thereto. 2. Acting Committee. Each Developer shall appoint one representative to a committee to act on behalf of the Developers CU Acting Committee'1 and the Aeling Committee shall act by majority vote to determine all matters to be done undec this Agreement 3. Road Improvements and Mitigation. To comply with the required SEPA mitigation and or agreed upon road improvements that may be required by King County for the intersection at SE 136"' St and 1560, Ave SE as well as the extension of 162"" Ave Se beginning at the SW corner of Liberty Gardens continuing South until SE 1441b St, the Developers shall cooperatively I CM I I >< I I I design, pennit, and install the improvements approved by the County, and shall jointly provide the funds required for such costs, which may include but shall not be limited to the cost of the following ["Mitigation Costs'l 162 Ave SE Extension and SE 136thSt and 156th Ave SE Intersection I. ROW Improvements; 2. Stonn water detention; 3. Landscape mitigation; 4. Engineering design and jurisdiction review fees; S. Financial guarantee and insurance premiums; 6. Design work and studies by professional consultants; 7. Legal fees. 8. Additional improvements required by King County or City of Renton during the design review and/or construction process. 9. Removal and/or relocation of power or light poles. 10. Signalization if deemed necessary. 11. Channelization. 4. Alternative Design. In the event an alternative design can be approved by WSDOT and King County at a lesser cost, all parties agree to pursue the alternative and share in the costs for this action based on the pro-ram. share methodology as defined below. 5. Pro-rsta Contributions. Each Developer agrees to fund a pro rata portion of the Mitigation Costs, as such costs become due, based on the number of units created from each Developer's Property as those lots to the total of such lots for all Properties. Currently, the Jots are agreed to be as follows for each Property: Liberty Gardens: Cavalla: Threadgill: 37 Units 34 Units 15 Units Based on the agreed number of units above, the following percentage of the Mitigation Costs ["Mitigation Cost Percentages"] shall apply to the Properties: Li'bcrty Gardens: Cavalla: Threa(igill: 6. Revision to Percentages. 43% 40% 17% By executing this Agreemen~ the Developers agree to the above percentages for the Properties. However, it is also agreed by the Developers that the number of such Page2 of 12 Initial ~ 4t llP ~!P,) Jhl. 'o/•/•1 ··11'(01 t//StO/ ~· ¥(1 b'IY' Q1 percentages per Property shall be recalculated upon: [i] upon any new property bccoming subjcct to the same or &imilar mitigation requirements as for the Properties as part of such new property's SEP A review by King County and the owner/developer/applicant becoming a party to this Agreemenl The recalculation of Mitigation Cost Percentages at the above times shall use the same methodology as above, and any changes shall result in a recalculation and adjustment among the Developers of Mitigation Costs previously paid [with amounts owing among the Developers to be paid within one month] and shall apply to those costs accrued after the date of such review and ~justment Provided; however, in the event that the number of units for any Property falls below the lhreshold to be subject to mitigation requirements by King County: [i] the units for that Property shall not be considered in tho total units for determining the applicable Mitigation Cost Percentages a,:cruing after such review date; and [ill the units for that Property shall be utilized on a one-time basis to calculate an adjustment among the Develapers for previously accrued Mitigation Costs; and [iii] the Develaper of that Proper(y shall not be subjcct to the tenns of this Agreement with respect to that Property after such review date other than for any adjustment of Mitigation Costs previously paid or due prior to such review d.atc as a result of an adjustment of the percentages. 7. Reimbursement ofMjtii;ation Costs Throughout the ROW improvements de8ign, review, and construction process, it is anticipated that Mitigation Costs will occur and be borne by one Developer. The DevelQPers agree that invoices for all such worlc: will be submitted to the other Developers for a pro rata reimbursement based on the Mitigation Cost Percentages. Payment shall be due within one month of receipt of the invoice, unless another timeline is agreed upon by all parties in writing. All invoices shall be mi.I to the Managing Developer and chcclcs will be disbursed at a monthly committee meeting 8. Disputes over Reimbursement of Expenses. In the event that a dispute arises over lhc expense reimbursement provided for in Paragraph 8, the party or parties disputing the reimbursement amount shall provi& the party or parties requesting the reimbursement amount written notice stating the basis for the dispute. The parties will then have 30 days to resolve the dispute. If the dispute is not resolved during that time, the parties agree to arbitrate that dispute through the Judicial Arbitration and Mediation Service in Seattle, Washington or a similar service that is agreeable to the parties. The arbitration shall be set within 30 days of the deadline for informal resolution of the dispute. '!be substantially prevailing party or particB shall be entitled to an award of attorneys' fees and costs as set forth in Paragt8ph 17. 9. Future Latecomeni Agreement. King County currently has adopted road lale¢omers process (RCW Ch. 35.72. The Developccs agree to pursue the adoption of a rosd latecomers ordinance with King County and/or city of Renton. If successful and reimbursement is collected from other benefited property owners, it is agreed to by all parties that reimbursement shall occur based on the Mitigation Cost Percentages at the time of the reimbursement Page 3 of 12 lnitial ~ al_ . OP ~,~SJl-1 _fur 1./'767 1/IS(o't oJ15'ot t,i ,{f,o1 1 O. Contractor to Construct Improvements. The parties acknowledge that the intetse¢1ion improvements will most likely occur during the spring/summer of200&. It is also probable that all projects will have received conslxuction approval by this time. The parties agre¢ that Requests for Proposals for the construction of the mitigation improvements will be sent to a minimum of lhree pre-qualified contrac1ors for cost comparison. The selected contrlletor shall be approved by all parties prior to beginning: won:: on the project. Management of the contractor will be determined by agreement of the Developers prior to construction including pro-rota reimbursement of management expenses accrued by the managing Developer. Anticipated cost over runs and/or change orders great.er than $10,000 shall be approved by the Developers prior to approval for payment 11. Tjme is of the Essence. Time shall be of the essence in performing all acts required by this Agreement 12. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement All persons executing this Agreement in representative capacities represent 81\d warrant that they have full power and authority. 13. Notices. All notices, requests, demands and offter communications called for or contemplated by this Agreement shall be in writing, and shall be deemed to have been duly given by mailing the same by first-O!ass mail, postage prepaid; by delivering lhe _ same by hand; or by sending lhe same by telex. or telecopy or email, to the following addresses, or to such other addresses as the parties may designate by written notice in the manner aforesaid, provided that communications that are mailed shall not be deemed to have been given. until three business days after mailing: Rahul B. and Arvind :S. l'etrie c/o Dave Petrie 811 South 273"' Ct Des Moines, WA 98198 KBS Develo.fment Corporation. 12320 NE 8 Street #100 Bellevue, WA 98005 Eagle Creek Land & Development, LLC 13701 SE 253"' St Kent, WA 98042 , 14. Governing Law. This Agreement is entered into under the Jaws of the state of Washington, and ifit becomes necessary to interpret or enforce any of its terms, it is the intent of all parties that the laws of the State of Washington shall apply. 15. Consent to Jurisdiction and Venue. . All parties shall submit and not object to jurisdiction and venue in the King County Superior Court, State of Washington, in connection with any claims arising out of this Agreement. 16. Binding Effect; Assignabilitv. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, legatees, representatives, receivers, trustees, successors, transferees and assigns. 17. Attorneys' Fees. Should it be necessary for any party to this Agreement to initiate legal proceedings to adjudicate any issues arising hereunder, the party or parties to such legal proceedings who substantially prevail shall be entitled to reimbursement of their attorneys' fees, costs, expenses and disbursements (inchuling the fees and expenses of expert and fact witnesses, whether or not they testify in any proceeding) reasonably Incurred or made by the substantially prevailing parties in preparing to bring suit, during fruit, on appeal, on petition for review, and in enforcing any judgment or award, from the other party or parties. 18. Severability. This Agreement does not violate any federal or state statute, rule, regulation or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation or common law shall be considered null end void, with the remaining provisions remaining viable and in effect. 19. C.ooperation in Execution of Documents. The parties agree properly and promptly to execute and deliver any and all additional documents that may be necessary to render this Agreement and/or the documents executed pursuant to the Exhibits attached hereto legally and practically effective. This paragraph shall not require the execution of aoy document that expands, alters-or in any way changes the terms of this Agreement 20. Headings Not Controlline. The paragraph headings included herein are for reference only and are not a part of this Agreement. The headings shall not control or alter the meaning ofthis Agreement as set forth in the text · 2 I. Counterparts. This Agreement may be executed in any number of identical counterparts, notwithstanding that all parties have not signed the same counterpart, with the same effect as if all parties had signed the same document. All counterparts shall be construed as and shall constitute one and the same agreement. · 22. Equal Opportunity to Participate in Draftine. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement No ambiguity shall be construed against any party based upon a claim that that party drafted the ambiguous language. 23. Incorporation ofExhjbjjs. Any exhibits referred to in this Agreement are incorporated herein by this reference as if fully set forth here. 24. Waiver. Any of the terms or c.onditions of this Agreement may be waived, but only by a written notice signed by the party waiving such t.erms or conditions. A waiver or any breach of, or failure to enforce, any of the tenns or conditions of this Agreement shall not in any way affect, limit or waive a party's rights to enforce compliance thereafter with each and every term and oondition of this Agreement 2s. statute of Limilations. All claims or causes of action arising out of this Agreement must be brought within one year after they accrue. Failure to bring suit within this time period shall be a complete bar to any such claims or causes of action. 26. Final and Complete Agreement This Agreement together with any cxlu'bils attached hereto constitutes the final and complete expression of the parties on all subjects. This Agreement may not be modified, interpreted, amended, waived or revoked except in writing signed by all parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on all subjects including without limitation. No party is entering into this Agreement in reliance on any oral or written promises, inducements, representations, understandings, inte[Jlretations or agreements other than those contained in this Agreement and the exhibits hereto. 27. Full Understanding: Independent Legal Counsel. The parties each aclcnowledge, represent and agree that they have read this Agreement and the Exhibits attached; that they fully understand the terms thereof; that they have been fully advised by their legal counsel, accountants and other advisors with respect thereto; and that they are executed by them upon tho advice and recommendation of their independent legal counsel. · EXECUTED AND EFFECTIVE the date firot above written. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the last date first set forth below. Rahul B. Petrie Liberty Gardens -Owner ~ t{jy Date Date , Rmtdall Goodwin, Managm ember Eagle Creek Land & Development, LLC Page 7 of 12 Initial £!cl: {L .a£_ _ ,.,, t/11 (/If fat {//!,f,n Exhibit A Liberty Gardens Property Legal description Tracts 5 and 6, Block 4, Cedar Park Five Acre Tracts, accordiog to the Plat thereof recorded io Volume 15 of Plats, page 91, recoi:ds of King County. Otherwise known as Tax lots 145750-0145 and 14575Q.-0150, 4.16 acres band 4.5 acres at South 164th Ave S.E. and S. E. 142nd Street between Renton and Issaquah. Situate in County of King, State of Washington. Page 8 of 12 Initial u u ~ ().P r,vv' l':tl" ~ ,~ca ,,,.__ /) / 1, ,n /,l'f' ~-,,.., PW'cel No. 14575--0135 (Nguyen) ExhibitB Ca valla Property Legal description Tract 3, Block 4, Cedar Parle 5-acre tracts, according to the plat thereof recorded in Volume 15 of Plats, page 91, Records of King County, Washington. Situate in King County, Washington. Parcel No. 145750-0140 (Miya) Tract 4, Block 4, Cedar Park 5-acre tracts according to the plat thereof recorded in Volume 15 of Plats, page 91, Records of King County, Washington. TOGETI!ER. WITH that portion of the East 30 feet of the South 658.23 feet of the North 687.48 feet of the Southeast quarter of Section 14, Township 23 North, Range 5 East, W .M., as vacated by King County Ordinance No. 4406 reoordcd under Recording No . . 7908150748 adjoining said premises. · Page9of 12 Initial ~ ~ {!£___ ~ .J'(lf ilrl~ , -··· uts,~ iJ(//rr i,11'4\ Exhibit C Threadgill Property Legal description TRACT 8, BLOCK I, CEDAR PARK FIVE ACRE 1RACIS, ACCORDING TO THE PLATS THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. Tas J.D. number: 145750..0040 Page 10 ofl2 I Initial #4..~. ~~•A fi~l~'~t·,,.., (/ ~"' ~· r.,tV \ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Rahul B. and Arvind J. ·Petrie are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument for the uses and pwposes mentioned in the instrument DATED this 15_ day of ;1).llle, , 2007. fr~*j?~te Residing at Des ~ My appointment expires:! ff"l J I I STATEOFWASHINGTON ) ) ss. COUN1Y OF KING ) I certify that I know or have satisfactory evidence that Randall Goodwin is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authom.ed to execute the instrument and acknowledged it as the act ofEagle Creel: Land & Development, LLC a·Washington limited liability company, for the uses and puiposes mentioned in the instrument. DATEDthis..tLdayof Jl{ /1£ ,2007. STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) Page 11 of 12 I certify that I know or have satisfactory evidence that Kolin B. Taylor is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the act of KBS Development Corporation, a Washington corporation, to be the free and voluntary act and deed of such corporation for the uses and purposes mentioned in the instrument DATEDthis f61ayof "JUf/{ ,,,,'"m-mi, 2007. (Print Name) · -,,, ,,f'· .; . S, /.,,, ·e / Residing at kV-7v(t.1;4> My appointment expires: fr ·3iJ J/ STATEOFWASHINGTON ) ) SS, COUNTY OF KING ) I certify that I know or have satisfactory evidence that Robert W. Ruddell is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated thal he was authorized to execute the instrument and acknowledged it as the act of KBS Development Corporation, a Washington coiporation, to be the free and voluntary act end deed of such corporation for the uses and purposes mentioned in the instrument DATEDthis ;g7Hdayof J"Ut/£ • 2007. "'"\\\\\\11 Page 12 of 12 Cl), ~isso I L'----1 . ~ALE 1" 100 07(1 STREET ', ' ' ' ' ' ' ' ', ' : ' ' ' ' ' ' ' : ' ' I \ I \ y ' ----T ' ' I ----I ' ' ' Tl \J7.JU5-911&5 ', ' ' ' ' ' ' ' \ ._v ' ' ' -, : ' \ § : *,J! I '~ : ,._v· ': ' .,! __ _ ' ' ' ' . : * ' ,,," ' " \ {' 0 V ' ' ' ' ' ': ' : ' ' ' I ---l --------\ -~"' I ,/' : ,&-<:; : ,, ', ' ' '- ' ' ' ' ', ' ' : 1 f ' ' : : : ·. I : ' j I l_ ::!!?t -"' ----\ " ' : ' ' ' I I / : T.L t1:!30!i-9U~5 : --.. \ ' TL 1l2J0S-90~S -t --- T.L 1l230S-90!5 -, ' ' ' a ' ' ' ' : ' ' --~ - \_ ._,,"\\ ,l ,-- ! ' ' ' ' : ' ' : I __ ·- T 1 I n:'305-3085 r1 131305.go!e; T.l. 1ilJ05.goas ~~- !!!K}.79" • • ' i -: .. <;:·;,; ~/';;', :,, l\i : ,, (/ ~ ' ,,-, ,f ' C ---lllf"\An_'.A;,_ ___ _ ~ : ' ', -"" ', • li -- "'" ', -i' :, . 01 G =~::;=::.::T::.::===r=-11--T---,-, / : > ; ; J t--=-~~\ • • • ' ' ,,-'1 ', I !o<:; : <f : ,;:) :, £ I ~J I : '< ,,. ' : I ~$ ', ,<f,~ \ ,::,t _,, I I <:;~ I"""'-"+'::'~ : ,,<J l ..:~ 1, ~ .... I ,._y· \ 1 ' ' ' : : ' I ____ _ 2" W S!13.,S' ----°"""" \ I OF l --·-w ' : ' ' : ' ' ' ' ' ' T.! ' ' ' ' ' ' L PAGE PAGE lJ:lJ(l5-9U85 'I \1210~-•1165 -=-··· ' ' ' : : ' : : ' I \ I I \ I \ I I T.l 'J2J0S-9il6\ ', ' / V:, 11 ,:a:•y:;c1moe; ?ZlFOO(HIO :I.I vt ' ' : : ' '\c<tY·· 0 . o~,. ;,c; CIT .J! OF RENTON d >+-+ .A + Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator ~-~ Kathy Keolker, Mayor ?o\N'i'O February 22, 2006 'E:D FEE ~s Ms. Trishah Bull King County Department of Development & Environmental Services Land Use Services Division · 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 SUBJECT: Dear Ms. Bull: NOTICE OF APPLICATION THREADGILL PLA T,.L05P002£ KING ... LAND US Thank you for the opportunity to review and comment on this project proposal. Renton's Planning/Building/Public Works Department comments are as follows: ·y .. :;ES I. The proposed development is within Renton's potential annexation area. Therefore, we request that a minimum 20-foot width of right-of-way dedication along the full length of the development site abutting SE 135th Street. Combining the 20-foot dedication with the existing 30-foot right-of-way results in a 50-foot right-of-way to accommodate development of SE 13 5th as a local neighborhood street connection between 162nd Ave SE and 164th Ave SE: and, access for the new lots proposed by the abutting SE 135th on the south and maintaining the existing access from SE 135th for homes to the north 2. Street improvements (roadway widening and pavement thickness, curb, gutter, sidewalk, street lighting, etc.) be installed per City of Renton standards on SE 135th Street, SE 136th Street, 162nd Ave SE, and 164th Ave SE abutting the proposed development site. 3. Sewer availability for 15 lots was issued in July, 2005. Sincerely, '-'i2 ~:,~}llf Pfpv-- Administrator Planning/Building/Public Works Dept. cc: Alex Pietsch, EDNSP Administrator Lys Hornsby, Uti.lity Systems D~recto_r -~-.. c ~1--,.,f Peter Hahn, Interim Transportation Director _ . ·\ ,, :,~·\. \ s:. (..-·~.J · Lesley Betlach, Parks Director '· :-. ;:. 'i 1 ~ '' - Jim Grav, Assistant Fire Marshall "' · /J ~\ Jennifcr°Hen~ing,_PrincipalPlanner ATTACHMENT--J:J.. ~-\'{ . Bob Mahn. C1v1I Engmccnng -~ I P' -OF / ': Fl11CF:. H:\File Sys\ADM · PBPW Adminstration\Admin Sec 11\2006\SEPA\022206 SEPA Threadgill Plat L05P0026.doR 1055 South Grady Way -Renton, Washington 98055 E N TON AHF.AD OF THE CURVE BAIMA & HOLMBERG I 00 FRONT ST S ISSAQUAH WA 98027 CARE C/0 GWENDOLYN HIGH PO BOX 2936 RENTON WA 98059 CASE JOHN N I 6445 SE 135 ST RENTON WA 98059 CLAUSSEN KIM PPMIII C!'LN LUSD MS OAKDEOIOO DINSMORE LISA SUPERVISOR C!'LN LUSD MS OAK DE 0100 DRAKE TERRY I 6223 SE I 36TH ST RENTON WA 98059 EAGLE CREEK LAND DEVELOPMENT LLC RANDY GOODWIN 13701 SE 253RD ST. KENT WA 98042 GILLEN NICK ENV SCIENTIST CAS LUSD MS OAK DE 0100 GOLL SHIRLEY ASIJ CPLN LUSD MS OAK DE 0100 1r-all-0008] L05P0026 L05P0026 L05P0026 L05P0026 L05P0026 L05P0026 L05!'0026 L05P0026 L05!'0026 HAMBLIN MARY ELLEN 16210 SE 134TH ST RENTON WA 98059 HOHi.BEiN ERIC & MICHELLE 16411 SE 135TH ST RENTON WA 98059 KC HEARING EXAMINER'S OFFICE A TIN: GINGER MS YES CC 0404 L05P0026 THREADGILL PLAT LANGLEY KRIS TRAFFIC ENGR CPI.N LUSD MS OAK DE 0100 MORGAN SUZANNE & JERRY 16327 SE I 36TH ST RENTON WA 98059 SCHWAB LEONARD G. 13323166THAVESE RENTON WA 98059 SEATTLE KC HEA TL! I DEPT E ENVIRON HEALTH 14350 SE EASTGATE WAY IJELLEVUE WA 98007 SWENSON JOI IN & BARBARA 17403 SE 192ND DR RENTON WA 98058 THREADGILL GARY E. 1481 E OCEAN SHORES BLVD SW OCEAN SHORES WA 98569 L05P0026 L05P0026 L05P0026 L05P0026 L051'0026 l.05P0026 L05P0026 L051'0026 L05P0026 TIBBITS CIIAD l'PMII CPI.N LUSD MS OAK DE 0100 rDWNSEND STEVE SUPERVISOR LUIS LLISD MS OAK DE 0100 WEST LARRY ENG SCIENTIST CAS LUSD MS OAK DE 0100 WHITING KELLY KC DOT RD SERV DIV .MS KSC TR 023 I WHITT AKER BRUCE SR ENGR ERS I.USO MS OAK DE 0100 YEPEZ, DORTS 16444 SE I35T!I ST RENTON, WA 98059 980509 ZIMMER.MAN CiREGG ADMINISTRATOR CITY OF RENTO!'I PLAN/llLDG DEPT 1055 S GRADY WAY RENTO!'i WA 98055 ir-all-0008] L05P0026 L05P0026 L05P0026 l.05P0026 L05P0026 L051'0026 L05P0026 ~ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 nY 206-296-7217 www.metrokc.gov FAX COVER SHEET TO: Ginger FAX NO.: 206-296-1654 PHONE NO.: 206-296-4660 Total numbers of pages including this cover sheet: t Date: November 9, 2007 From: Shirley Goll Sender's Name Time: Phone: 206-296-6796 Sender's Phone Permit Name/Number: L05P0026 THREADGILL SUBDIVISION Parties of Record list, applicant name & address, property location. SEPA TD -MONS issued 11 /09/07 COMMENTS: Hearing date is set for December 18, 2007. SEPA appeal period will end on December 3, 2007. PROPOSED ORDINANCE NUMBER·# 2007-C)lo'd() ExaminerFaxCover.doc TRANSMITTED TO THE FOLLOWING PARTIES OF RECORD FOR L05P0026: BAIMA & HOLMBERG 100 FRONT ST S ISSAQUAH WA 98027 CARE C/0 GWENDOLYN HIGH PO BOX 2936 RENTON WA 98059 CASEJOHNN 16445 SE 135 ST RENTON WA 98059 CLAUSSEN KIM PPMIII CPLN LUSD MS OAK DE O I 00 DINSMORE LISA SUPERVISOR CPLN LUSD MS OAK DE 0100 DRAKE TERRY 16223 SE 136TH ST RENTON WA 98059 EAGLE CREEK LAND DEVELOPMENT LLC RANDY GOODWIN 13701 SE 253RD ST. KENT WA 98042 GILLEN NICK ENV SCIENTIST CAS LUSD MS OAK DE O 100 GOLL SHIRLEY ASil CPLN LUSD MS OAK DE 0100 HAMBLIN MARY ELLEN 16210 SE 134TH ST RENTON WA 98059 HOHLBEIN ERIC & MICHELLE 16411 SE 135TH ST RENTON WA 98059 KC HEARING EXAMINER'S OFFICE ATTN: GINGER MS YES CC 0404 L05P0026 THREADGILL PLAT LANGLEY KRIS TRAFFIC ENGR CPLN LUSD MS OAK DE 0100 MORGAN SUZANNE & JERRY 16327 SE 136TH ST RENTON WA 98059 SCHWAB LEONARDG. 13323 166 TH A VE SE RENTON WA 98059 SEATTLE KC HEA TLH DEPT E ENVIRON I IEALTH 14350 SE EASTGATE WAY BELLEVUE WA 98007 SWENSON JOHN & BARBARA 17403 SE 192ND DR RENTON WA 98058 THREADGILL GARY E. 1481 E OCEAN SHORES BLVD SW OCEAN SHORES WA 98569 TIBBITS CHAD PPMII CPLN LUSD MS OAK DE 0100 TOWNSEND STEVE SUPERVISOR LUIS LUSD MS OAK DE O 100 WEST LARRY ENG SCIENTIST CAS LUSD MS OAK DE 0100 WHITING KELLY KC DOT RD SERV DIV MS KSC TR 0231 WHITTAKER BRUCE SR ENGR ERS LUSD MS OAK DE 0100 YEPEZ, DORIS 16444 SE 135rn ST RENTON, WA 98059 ZIMMERMAN GREGG ADMINISTRATOR CITY OF RENTON 1055 S GRADY WAY RENTON WA 98055 II \0, t iC\ ' (,J \.j BEGINNING OF FILE FILE TITLE OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Y csler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: hearex@metrokc.gov January 29, 2008 REPORT A,','J> DECISION SUBJECT: Department of Development and Environmental Services File No. LOSP0026 Proposed Ordinance No. 2007-0620 Location: Applicant: Intervenor: THREADGILL SUBDIVISION Preliminary Plat Application 13502 -162nd Avenue Southeast Eagle Creek Development, LLC represented hy Bill H. Williamson Williamson Law Office 70 I -5th Avenue Seattle, Washington 98139 Telephone: (206) 292-0411 Facsimile: (206) 292-0313 Citizen's Alliance for a Responsible Evendell represented by Gwendolyn High P.O. Box 2936 Renton, Washington 98056 Telephone: (425) 336-4059 King County: Department of Development and Environmental Services (DDES) represented by Chad Tibbits 900 Oakesdale A venue Southwest Renton, Washington 98055 Telephone: (206) 296-7194 Facsimile: (206) 296-7051 SUMMARY OF RECOMMENDATIONS/DECISION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: Approve subject to conditions Approve subject to conditions (modified) Approve subject to conditions (modified) L05P0026--Thrcadgill Subdivision EXAMINER PROCEED TN GS: Hearing Opened: Hearing Closed: Hearing Re-opened (for administrative purposes) and Closed: 2 December 18, 2007 January 22, 2008 January 25, 2008 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. ISSUES AND TOPICS ADDRESSED: Surface water drainage Complete application SUMMARY OF DECISION: Traffic safety Student safe walking conditions A subdivision of 15 lots on 4.01 acres in the urban area is approved, subject to conditions. FINDINGS, CONCLUSIONS & DECISIO;\/: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. General Information: Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Eagle Creek Land Development, LLC Randy Goodwin 13701 SE 253'' Street Kent, WA 98042 206-730-9145 Ed McCarthy, P.E., P.S. 9957-171" Avenue SE Renton, WA 98059 425-271-5734 14-23-05 The site is located at 13502-162"' Avenue SE, at the southeast comer of 162"' Avenue SE and SE 135'" Street intersection. R-4 4.01 acres 15 Density: Approximately 3.74 units per acre Lot Size: Approximately 6,000 to 10, 000 square feet in size Proposed Use: Single Family Detached Dwellings Sewage Disposal: The City of Renton Water Supply: King County Water District ;\lo. 90 Fire District: King County Fire District No. 39 School District: Issaquah School District No. 411 Complete Application Date: December 13, 2005 L05P0026--Threadgill Subdivision 3 2. Except as modified herein, the facts set forth in the King County I.and Use Services Division's preliminary report to the King County Hearing Examiner for ihe December 18, 2007, public hearing are found to be correct and are incorporated herein by this reference. The LUSD staff recommends approval of the application, subject to conditions. The division's recommended conditions were modified at the January 8 and 22, 2008 public hearings. 3. The mitigated detennination of environmental non-significance (MDNS) issued on November 9, 2007 was appealed by the applicant. On December 18, 2007, the applicant withdrew its appeal. The conditions of the November 9, 2007 MDNS are now incorporated in the proposed action. 4. Section F 3 of the preliminary report for the December 18, 2007 public hearing erroneously refers to the Soos Creek Subbasin of the Green River drainage basin. The subject property lies within the Maplewood, Orting Hills and Mainstem sub-basins of the Lower Cedar River basin. This error had no effect on the review of the proposed plat by DDES. 5. Section Hof the preliminary report for the December 18, 2007 public hearing was revised by the Land Use Services Division at the January 8, 2008 public hearing. The revised section is set forth in exhibit no. 18 in the hearing record. 6. In a letter dated January 7, 2008 (exh. no. 24) the applicant proposed revisions to the surface water drainage system. These revisions are, in part, a response to a recent hydraulic study prepared for Southeast 144th Street, and also respond to do\\nstrearn concerns identified by residents of the neighborhood. To mitigate flooding problems identified downstream of the west basin of the Threadgill plat, and along Southeast 144th Street, the applicant's revised proposal is to provide Level 3 flow control of surface water discharged from the detention pond to be located in the southwest comer of the property. In addition, three options are offered by the applicant to address concerns downstream from the east basin of the subject property. Option 1 would bypass potential drainage problem areas immediately downstream from the northeast comer of the site. Option 2 would utilize a new storm pipe system within the right-of-way of Southeast 135th Street, and would provide improvements on private property to convey water from Southeast 135th Street to Southeast 136th Street. Option 3 would provide increased detention capacity (Level 3 flow control) for the cast basin, but would not provide downstream improvements. The applicant and all nearby property owners who have expressed an opinion prefer that Option 1 be utilized for the discharge and conveyance of storrnwater from the east basin. The review engineer also supports that option, and recommends that King County accept for maintenance the new conveyance system that would be constructed wiihin the public right-of-way from the discharge point on 164th Avenue Southeast to the point on Southeast 136th Street where the new conveyance system will intersect with the current north-south channel approximately 160 feet cast of 164th Avenue Southeast. A drainage adjustment is required for implementation of Option I. 7. The downstream analysis provided by the applicant for surface water runoff from the west basin indicates that water is now discharged from the Threadgill property at its southwest comer, then crosses 162nd Avenue Southeast and travels to the west along Southeast 136th Street. It then turns south and travels to a wetland within the Plat of Liberty Grove Contiguous. Evidence presented by a property owner to the south states that the current drainage from the Threadgill Plat west basin now travels south on 162nd Avenue Southeast, and does not enter the Liberty Grove Contiguous wetland. LUSP0026-Thrcadgill Subdivision 4 There are current flooding problems to the south, that are exacerbated by excessive water discharging from the Liberty Grove Contiguous wetland during certain storm events. Surface water discharge from the Threadgill property's west basin is required to follow its existing drainage course, unless a surface water adjustment is approved. A catch basin exists in the right-of-way of 162nd Avenue Southeast at Southeast 136th Street, from which a pipe leads west within Southeast 136th Street. However, it is possible that existing runoff from the southwest basin also travels, at least in part, south on 162nd Avenue Southeast within existing road side ditches. Diversion to the west of any portion of the surface water runoff that in fact flows south on 162nd Avenue Southeast would aggravate existing downstream problems and would conflict with SWDM requirements. The actual path of surface water from the west basin of the Threadgill property during various storm events can be determined during the process of reviewing final drainage plans. 8. The proposed development of 15 lots has received a certificate of traffic concurrency from the King County Department of Transportation. The number of trips generated during any peak hour by the Threadgill Plat is 16. This is below the thirty peak hour trips at any intersection which is the minimum threshold required to call for mitigation of traffic impacts at an affected intersection. The MDNS requires participation by this proposed development in the construction of 162nd Avenue Southeast from its present southerly terminus (near Liberty Gardens) to Southeast 144th Street. This requirement will enhance the interconnectivity of streets serving the neighborhood, and will reduce the number of vehicles traveling to and from this subdivision that will travel through the high accident location of Southeast 128th Street and 160th Avenue Southeast. 9. The proposed development does not include construction of either Southeast 135th Street or Southeast 136th Street from 162nd Avenue Southeast to 164th Avenue Southeast. Although right-of-way will exist adjacent to this plat on both Southeast 135th and Southeast 136th Streets to allow for foture construction, any decision to construct improvements to either the Southeast 135th Street or Southeast 136th Street rights-of-way between 162nd Avenue Southeast and 164th Avenue Southeast will be subject to future consideration. The Threadgill Plat will be served solely by a cul-de-sac street from 162nd Avenue Southeast to a "dead end" within the subject property. 10. It is proposed by King County Department of Transportation, and agreed by the applicant, to provide safe walking conditions for students who will walk to Liberty High School and Brierwood Elementary School by constrncting a walkway on 162nd Avenue Southeast, from the southwest corner of the Threadgill subdivision to Southeast 137th Place within the Plat of Liberty Lane. Within Liberty Lane, Southeast 137th Place cmmects with a path to the east boundary of that property on the aligrunent of 164th Avenue Southeast, adjacent to Liberty High School. This route is reasonable and suitable for Liberty High School students. However, from Southeast 137th Place, Brierwood Elementary students would have to cross the high school grounds to 166th Avenue Southeast, then turn back north to reach Brierwood Elementary. It is unlikely that elementary school students would, in fact, walk south approximately 200 yards from the Threadgill plat entrance road to Liberty Lane, then retrace those 200 yards going back north on 166th Avenue Southeast. It is substantially more likely that the undeveloped right-of- way of Southeast 135th Street, or the undeveloped right-of-way of Southeast 136th Street, would be utilized to travel east and connect with 166th Avenue Southeast. The final engineering plans can identify what, if any, improvements are necessary and acceptable to King County DDES to provide safe walking conditions on either Southeast 135th Street or Southeast 136th Street to L05P0026--'J'hrcadgi11 Subdivision 166th Avenue Southeast for students who will walk from the Threadgill subdivision to Brierwood Elementary School. 5 11. KCC 20.24.040 provides that DOES shall not commence review of any application until the applicant has submitted the materials and fees required for a complete application. The Intervenor in this proceeding contends that the Threadgill preliminary plat application was incomplete for failure to provide a certificate of water availability, a certificate of sewer availability, a certificate of transportation concurrency, density calculations and a tree inventory. (The Intervenor's contention includes a claim that certain certificates, that may have been valid when submitted, subsequently expired.) A King County Certificate of Water Availability for this property (then proposing a subdivision of23 lots) was issued by King County Water District No. 90 on December 13, 2004, and was filed with ODES with this subdivision application on December 13, 2005. The certificate was renewable after one year. A certificate of sewer availability for 15 lots on the property was issued by the City of Renton Wastewater Utility on July 14, 2005, and was also filed with DOES on December 13, 2005. The Certificate of Water Availability was re-issued by King County Water District No. 90 on January 7, 2008, and the Certificate of Sewer Availability issued by the City of Renton was confinned as still valid by the issuer on January 7, 2008. A Certificate of Transportation Concurrency was issued by King County Road Services Division for 16 dwelling units on the Threadgill property on December 2, 2005 and was received by DD ES on December 13, 2005. Subdivision Density and Dimension Calculations dated December 5, 2005 were filed by the applicant with DOES on December 13, 2005, and were re-filed on a revised DOES form on January 2, 2008. A site plan identifying the trees on the subject property was filed with DDES on December 13, 2005, as Sheet 2 of the subdivision plan. A tree retention plan and landscape plan are required with engineering plans for plat development. DOES determined that the subject application was complete on December 13, 2005. CONCLUSIONS: I. If approved subject to the conditions recommended below, the proposed Threadgill subdivision will comply with the goals and objectives of the King County Comprehensive Plan, subdivision and zoning codes, and other official land use controls and policies of King County. 2. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare, and for open spaces, drainage ways, streets, other public ways, transit stops, potable water supply, sanitary waste, parks and recreation, playgrounds, schools and school grounds and safe walking conditions for students.who walk to school; and it will serve the public use and interest. 3. The conditions for final plat approval recommended below and contained in the mitigated determination of enviromnental non-significance are in the public interest and arc reasonable and L05P0026--Threadgill Subdivision proportionate requirements necessary to mitigate the impacts of the development upon the environment. 6 4. The dedications of land or easements within and adjacent to the proposed plat, as required for final plat approval or as shown on the revised proposed preliminary plat submitted by the Applicant on December 11, 2006, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. 5. The applicant should apply for a surface water drainage adjustment to allow for the discharge of surface water from the east basin of the subject property to the right-of-way of 164th Avenue Southeast approximately as shown in cxh. no. 29, from where the surface water would be conveyed south to the alignment of Southeast 136th Street, then east to the location where current flow from the east basin enters Southeast 136th Street at the existing cha1mel. This adjustment would allow for the bypassing of current problem areas that could be impacted by additional flows from the Threadgill plat. As part of the surface water drainage application, the developer should request that King County accept and maintain the new conveyance system to be constructed within the public right-of-way of 164th Avenue Southeast and Southeast 136th Street. 6. Final engineering plans should provide for Level 3 detention of surface water prior to leaving the west basin of the proposed development, and should re-examine the discharge of existing flow from the west basin to determine the extent to which any existing flows are conveyed south along 162nd Avenue Southeast, rather than west along the alignment of Southeast 136th Street, during major storm events. This re-exanlination should be specifically reviewed by the DDES review engineer, to assure that no flow of surface water from 162nd Avenue Southeast is redirected to the west and enters the wetland within the Plat of Liberty Grove Contiguous. If any of the surface water flow from the west basin of the subject property is found to travel south along I 62nd Avenue Southeast under existing condition, drainage plans for reconstruction of 162nd Avenue Southeast and its extension shall be required to accommodate those flows and assure that there is no diversion of surface water to the west. 7. The proposed development, with the conditions of the MDNS and the conditions of final plat approval set forth in this decision, improves road connectivity in the neighborhood in a manner that fully and proportionately mitigates the impacts of this development on traffic and vehicle safety at high accident locations on the Southeast I 28th Street corridor. 8. Final engineering plans should provide a walkway to the east on the alignment of either Southeast 135th Street or Southeast 136th Street, to be utilized by students who will walk to Brierwood Elementary School, to provide a safe connection to 166th Avenue Southeast, for travel north to Brierwood. These walkways improvements should be reviewed by DDES for consistency with applicable King County standards for a safe walkway, and should be constructed, as approved, with the plat improvements. 9. The Threadgill application for preliminary plat approval meets the requirements of KCC 19A.08. l 50 and KCC 20.20.040. DDES correctly determined that this application was complete on December 13, 2005. The subsequent expiration and renewal of certificate of water and sewer availability did not affect the completeness of the application. The certificate of transportation concurrency was in effect at the time this application for subdivision approval was filed, and, therefore, remains valid while review of the application is pending. Appropriate density calculations and a tree inventory were submitted with the application. Modifications made to a I,05P0026------Threadgill Subdivision 7 proposal during its review do not require submission of revised documents to maintain a complete application for the purpose of considering an application's eligibility for preliminary approval, DECISION: The proposed subdivision of Threadgill Plat, as revised and received December 11, 2006 is granted preliminary approval, subject to the following conditions of final plat approval: 1. 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-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as 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. Any plat boundary discrepancies 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 must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and 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 modifying the location of lots or tracts as shown on the preliminary approved 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 2005 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 constmction. b. A surface water drainage adjustment shall be applied for to permit discharge from the Tract B (east) pond to 164th Avenue Southeast, at approximately the location shown on exh. no. 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136th Street. The adjustment application shall request that King County accept for maintenance the new conveyance L05P0026-Tbreatlgill Subdivision 8 system to be constructed within the public right-of-way. In the event a surface water adjustment that permits utilization of Option I substantially as presented in exh. no. 29 is denied, the hearing on this application shall be reopened for the limited purpose of re- evaluating surface water drainage alternatives for the east basin. c. Engineering plans for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be re- examined to determine the extent, if any, to which existing flow travels south along the alignment of 162nd Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162nd Avenue Southeast shall be diverted to the west along Southeast 136th Street. d. To implement the required Best Management Practices (BMP's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. 7. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. Road A shall be improved at a minimum to the urban minor access street standard. b. FRONTAGE: The frontage along 162"' Ave SE (east side) shall be improved at a minimum to the urban subcollector street standard. c. The Applicant shall widen 162"' Avenue SE, from the intersection of SE 136" Street to the northeasterly curb return of the intersection of SE 137" Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School, and Maywood Middle School. These improvements shall consist ofa minimum 22-foot wide roadway together with a walkway that is: (i) eight feet wide if directly abutting the traveled-way, or (ii.) five (5) feet wide if separated from the vehicle travel lane by an extruded curb (which requires an additional I-foot shy distance from the shoulder edge of the northbound travel lane-i.e., 162"' Avenue SE would need to be at least 23-feet wide) or, (iii) five (5) feet wide if physically separated from the vehicle travel lane by a gravel shoulder. These improvements may include construction of full urban improvements ( curb, gutter and sidewalk) in lieu of these options. L05P0026--Threadgill Subdivision 9 Note: it is expected that similar improvements will also be conditions of approval for the proposed plats of Liberty Gardens L04P0034 and Cavalla L06P0001, on appropriate portions of 162nd Avenue Southeast. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136th Street to 164tli Avenue Southeast, and continuing east, as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. These improvements shall be the minimum necessary determined by DDES to provide safe walking conditions for elementary school students. e. Tract D shall be improved to the joint use driveway standard per Section 3.01 of the KCRS. This Tract shall be owned and maintained by the Lot owners served. f. Thirty feet of additional R/W shall be dedicated along the frontage of SE 135 1h St; along with R/W radii at the northwest comer of Lot 15 and the northeast comer of Tract B. g. R/W radii shall also be dedicated at the southwest comer of Tract E and the southeast comer of Lot 6. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 1. A conceptual frontage road improvement plan for the future construction of SE 1361 h St, to the neighborhood collector street standard, shall be submitted with the engineering plans. This plan shall show the necessary R/W width for future construction of the road. Additional R/W needed to construct the future road shall be dedicated with the final plat. The intent of this condition is to insure that, following development, sufficient R/W will exist for future construction of SE l 36'h St to the east. 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), bave 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. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. L05P0026---Threadgill Subdivision 10 11. There shall be no direct vehicular access to or from SE 135"' Street or Southeast 136th Street from those lots which abut those streets. A note to this effect shall appear on the engineering plans and the final plat. 12. The proposed subdivision shall comply with the Critical 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 critical 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. All offsite construction required as conditions of final plat approval shall likewise comply with the CAC. 13. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from K.C.C. 2 IA.24 shall also be addressed by the applicant. Wetlands A. Wetland A is a Category IV and requires a 50 foot buffer. The wetland is located in the southeastern portion of the site. The wetland is less than 2500 square feet and may be filled as shown on the site plan dated December 11, 2006. Mitigation is required for the wetland and buffer impacts. B. Wetland B is a Category N wetland and requires a 50 foot buffer. The wetland is located in the southwestern portion of the site. A portion of the wetland and buffer is located within unimproved right-of-way. This portion of the wetland and buffer may be impacted for required road improvements, as shown on the site plan dated December 11, 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer enhancement/mitigation plan. D. All remaining wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long term protection. A split-railed fence or similar barrier shall be installed along the tract boundary. E. A 15 foot building set back line (BSBL) is required from the edge of CA T's and shall be shown on all affected lots. F. Additional road improvements are required within the unimproved 162"' Avenue right- of-way (ROW) located south of the proposed plat. Critical areas and buffers are located within this ROW. Impacts within the ROW may be permitted with mitigation. A mitigation plan will be required during engineering review. G. The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions. RESTRJCTIONS FOR CRJTICAL AREA TRACTS AND CRJTICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the L05P0026-Thrcadgi11 Subdivision II 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 critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/critical 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/critical area and buffer. The vegetation within the tract/critical 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/critical 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 critical area tract/critical 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. 14. Suitable recreation space shall be provided consistent with the requirements ofK.C.C. 21 A.14.180 and K.C.C. 2 lA. 14.190 (i.e., sport court[s], children's play equipment, picnic tabk[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 DDES 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. 15. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation and critical area tract(s). 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 2 IA.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 organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. L05P0026---Threadgill Suhdivision 12 e. f. g. h. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 162"' Avenue SE is on a bus route. If 162"' Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. 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 alter DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 17. 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. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order to address the incremental impacts of the development of the Threadgill plat, and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, DDES File L04P0034, and Cavalla, DDES File L06POOOI), on the High Accident Location (HAL) at the intersection of SE 128~ Street/ 160"' Avenue SE), the Applicant shall individually or jointly with other developers in the area construct an offsite extension of 162"' Avenue SE in general conformance with the conceptual plan submitted to DDES (dated: July 2, 2007) for the plat ofCavalla, from the current south terminus of 162"' Avenue SE (near the SE 138xx block) to SE 144m Street. These improvements shall include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm drainage conveyance/ detention/treatment facilities as determined by DDES. These improvements shall include a tight-lining of the existing water-course located on the westerly half of the 162"d Avenue SE right-of-way. (KCC 14.80.030B) ?'lote: a multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached to implement this requirement. Portions of this improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as conditions of those plats' approvals. b. In order to address the incremental impacts of the Threadgill development, by itself; on the HAL at the intersection of SE 128'" Street/ 160m Avenue SE, this applicant shall-in addition to the requirements of the preceding SEP A condition -dedicate any additional right-of-way required along the SE 1361 " Street margin of the site needed to construct - L05P0026-Thrcadgill Subdivision 13 in the future, by other.< (private or public) -an extension of SE 1361 " Street from 162"' Avenue SE to 166w Avenue SE. The required additional right-of-way, as needed, may be based upon the preliminary road profile prepared by Baima & Holmburg dated 4/18/2005, and based upon afuture 32-foot wide roadway with curb, gutter and sidewalks meeting applicable King County Road Standards, and any cuUfill slopes or retaining walls needed to allow others to constrnct this roadway. Any additional R/W needed to comply with this condition shall be detennined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.030B) 19. To implement K.C.C. 2 lA.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 of K.C.C. 2 lA.38.230. No clearing of the subject property is pennitted 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 pennitted pursuant to K.C.C. 2 lA.38.230.B.4.d.(2). 20. 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. 21A.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 29th day of January, 2008. James N. O'Connor King County Hearing Examiner pro tem NOTICE OF RIGHT TO APPEAL 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 February 12, 2008. 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 February 19, 2008. 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 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. !fa written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or ifa 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. L05P0026--Threadgill Subdivision 14 MINUTES OF THE DECEMBER 18, 2007, JANUARY 8 AND 22, 2008 PUBLIC HEARJNG ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L05P0026. James N. O'Connor was the Hearing Examiner in this matter. Participating in the hearing were Barbara Heavey, Chad Tibbits, Kristen Langley, Nick Gillen and Bruce Whittaker representing the Department; Bill H. Williamson and Shupe Holmberg, representing the Applicant; Gwendolyn High, Intervenor and Ty Pendergraft, Ed Sewell, Ed McCarthy, Doris Yepez, Michelle Hohlbein, John N. Case, Ed McCarthy, Henry Perrin, Keith Brown, and Gary Norris. The following Exhibits were offered and entered into the record on December 18, 2007: Exhibit No. I Prepared remarks on the pre-hearing conference on CARE's petition to intervene Exhibit No. 2 Citizen's statements of support of the CARE petition to intervene Exhibit No. 3 Letter from Mary and Donald Hamblin to the Hearing Examiner's Office dated December 17, 2007 in support of the petition to intervene by CARE Exhibit No. 4 Threadgill vicinity development map The following Exhibits were offered and entered into the record on January 8, 2008: Exhibit No. 4A 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 Exhibit No. 14 Exhibit No. 15 Exhibit No. 16 Exhibit l\'o. 17 Exhibit No. 18 Exhibit No. 19 Exhibit No. 20 Exhibit No. 21 Exhibit No. 22 Exhibit No. 23 Exhibit No. 24 Exhibit No. 25 Exhibit No. 26 Exhibit No. 27 Annotated Threadgill vicinity development map by Shupe Holmberg Department of Development and Environmental Services File No. L05P0026 Department of Development and Environmental Services preliminary report dated December 18, 2007 Application dated December 13, 2005 Environmental Checklist dated December 13, 2005 SEPA Mitigated Determination of Non-Significance dated November 9, 2007 Affidavit of Posting indicating January 25, 2006 as date of posting and January 26, 2006 as the date the affidavit was received by DOES Revised preliminary plat map and site plan dated December 11, 2006 Revised Level I Downstream Analysis prepared by Baima & Holmberg, Inc., received December 11, 2006 Revised Critical Areas Report prepared by Sewall Wetland Consulting, Inc., received December 11, 2006 Revised Trame Impact Analysis prepared by Gary Norris, received December 11, 2006 Landscape Plan (Conceptual Recreation Space Plan) prepared by Lane & Associates, received December 11, 2006 King County Water District No. 90 Certificate of Water Availability dated December 13,2004 Submittal package by the Citizen's Alliance for a Responsible Evendell dated January 4,2008 Drainage narrative King County Department of Assessments Map Density and Dimension Calculations Email from Ty Pendergraft to Bill Williamson, Shupe Holmberg and the Goodwins dated January 7, 2008, re: Sewer Availability King County Certificate of Water Availability Response to C.AR.E. issues/concerns Letter to Bruce Whittaker of ODES from Baima & Holmberg, Inc. dated January 7, 2008 re: Proposed Stormwater Control Report from Ed McCarthy, PE, re: Downstream Drainage Analysis Aerial photograph showing the downstream conveyance system Basin map L05P0026--Thrcadgi11 Subdivision Exhibit No. 28 Exhibit No. 29 Exhibit No. 30 Exhibit No. 31 Exhibit No. 32 Exhibit No. 33 Exhibit No. 34 Exhibit No. 35 Exhibit No. 36 Exhibit No. 37 Exhibit No. 38 Exhibit No. 39 Liberty Grove and Liberty Grove Contiguous Street and Storm Drainage Plan (2 sheets) Sheet titled Option I -Alternate Storm Outfall Preliminary Road Improvement Plan Delivery Record/Receipts (3 pages) Letter to John & Nenita Ching, Donald & Andrea Gragg, Norm & Patricia Ganunel from Curt W. Crawford, Manager, King County Stom1water Services Section dated April 13, 2007 DOES Penni! Approval Actions Report Letter to James N. O'Connor from Peter H. Eberle dated December 17, 2007 Email to C.A.R.E. from Don & MaryEllen Hamblin dated December 17, 2007 Email to C.A.R.E. from Susan Oord dated December 16, 2007 Email to C.A.R.E. from Mike Ritchey dated December 16, 2007 Memo to ODES from Bob & Lynn Wilmot dated January 8, 2008 Letter to C.A.R.E. from John & Nenita Ching dated January 7, 2008 The following Exhibits were offered and entered into the record on January 22, 2008: Exhibit No. 40A Photo of Liberty Grove Contiguous drainage pond (under construction) Exhibit No. 40B Photo of path to the east on SE 135th Street alignment Exhibit No. 40C Photo of Hohlbein property Exhibit No. 41 HALS/HARS List Exhibit No. 42 Student walkways The following exhibit was entered into the record on January 25, 2008: 15 Exhibit No. 43 CARE: Threadgill Hearing prepared comments (January 22, 2008) with attachments JNOC:gao L05P0026 RPT w Cl) w I f- LL 0 z 0 ~ 0 0.. 0 ·ou1 6J9QWIOH 'l1 8Wl8 B ll't Jlno l'HIO!S 31 VN~311V _ _L NOLldO ,~"""" rn..s 1 Vld lll~OV3~11-U :Jll '1N3~d013J\30 ON'tl >133Kl 31DV3 , I '"1 0 RECEIVED N(Jv. ". ·nu·· , .::, (. L,;. { King County DEPARTMENT OF DEVELOPIVIENT AND ENv1HONMENTAL SERVICES LAND USE SERVICES DIVISION KING COlNTY. WASHINGTO!'I PRELIMINARY REPORT TO THE HEARi '\/G EXAMINER December 18, 2007 -PUBLIC HEARING .\T 9:30 A.M. DDES Hearing Room 900 Oakesdale Avenue South,, ,·\t Renton, WA 98057-5212 Phone: (206) 296-6600 PROPOSED PLAT OF Threadaill FILE '.'10: LOSP0026 PROPOSED O!-:DINA;-,/CE NO: 2007-0620 SUMMARY OF PROPOSED A.CTIO:\: This is a request for a sabdi\ ision c,f 4.0 l acres into l 5 lt,ts for detached sing 1e-family dwellings. The proposed dens it, is 3.7'\ dwelling units per acre. The lot sizes range from approximately 6.000 to 10.000 square feet. See ,'.\ttachmem l for a copy of the proposed plat map. B. GENERAL INFORMATION: Applicant: Engineer: STR Location: Zoning: Acreage: Number of Lots: Eagle Creek Land Developcnern. L;__c Randv Goodwin 13701 SE 253re1 Street Ken:. \\A 98042 206--:'i0-9'45 Ed McCarthy, P.F. P.S 9957-171" Avenue SE Rento:1. W •\ 98059 425-2-:' 1-5734 l . --. --+-L.~ ' The site 1s located at 13502-162"" Avenue SE. at the southeast corner l·16°"ci, SE dSE'0 -·hs · o-.:::.. 1, . .venue an _. 1.J Y , treet rntersection. R-4 4.01 acres l I Density: Approximate]\· 3.74 units per ac1e Lot Size: Approximately 6.000 to 10,000 square feet in size Proposed Use: Single Family Detached Dwelling; Sewage Disposal. The Cit, of Renton Water Supply: King County Water District No. 90 Fire District: King Coumy Fire District No. J9 School District: Issaquah School District No. 41 : Complete Application Date December 13. 2005 C. HISTORY/BACKGROUND: The Subd1v1s1on Techmcal Committee (STC) of King County has conducted an on-site examination of the subject property The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Techmcal Committee with a revised plat on December 11, 2006. The primary modifications rnclude: Half street improvements are shown along 162'"d Avenue SE and a new cul-de-sac street (Roac' A) to serve the development. D. THRESHOLD DETERl\1Il'iATION OF ENVIRONMENTAL SIG:"!IFICANCE: Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the responsible official ofLUSD issued a mitigated threshold determination of non-significance (MDNS) for the proposed development on November 9, 2007. This determination was based on the review of the environmental checklist and other pe1iinent documents, resulting in the conclusion that the propos2J would not cause probable significant adverse impacts on the env1ronrnenr provided the Collov..rrng 1neasures are. c0111plicd \vi:h: 1. In order to address lhe incremental impacts of the development of the Threadgill plat and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, DDES File L04P0034, and Cavalla, DDES File L06P0001), on the High Accident Location (HAL) at the intersection of SE 128'" Street/ 160'h A venue SE), the Applicant shall individually or jointly with other developers in the area constrnct an offsite extension of i62"' Asenue SE in general conformance with the conceptual plan submit'.ed to DDES ( dated July 2, 2007) for the plat of Cavalla, fron the cunent south terminus of 162''d Avenue SE (near the SE '.38xx block) to SE :-:+4'" Street. These improvements shall include no less than 22 feet of roadway pavmg, plus all associated appurtenances, and all storm drainage conveyance! detention/treatment facilities as deten11ined by DDES. These improvements shall mc!ude a tight-linmg oftbe existir,g water-course located on the westerly half of the 162'" Avenue SE nght-of-way. (KCC 14.80 030B) "'.\ate: a multi-party agreement benveen the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached to implement this requirement. Portions ufthis nnprovement a.re located along the frontage of the Libeny Gardens and Camila plats, and will requi,·e additional ,oadway frontage anpro,·ements as conditions of those plats' approvals. 2. In order to address the mcremental impacts of the Threadgill development, by itself, on the HAL at the intersection of SE 128 1 " Street/ 160'h Avenue SE, this applicant shall -in addition to :he requirements of the preceding SEP A condition -dedicate any additional right-of-way required along the SE 136 1h Street margin of the site needed to construct -in the future, by others (private or public) -an extension of SE 136'1 ' Street :mm 162"d Avenue SE to 166 1" Avenue SE. The required additional right-of-way. as needed, may be based upon the preliminary road profile prepared by Baima & Holmburg dated 4/'.8/2005, and based upon a future 32-foot wide roadway '-vith curh, gutter and sidewallcs meeting applicable King County Road Standards, and any cul/fill slopes or retaining walls needed to allow others to construct this roadway. Any additional R/W needed to comply with this condition shall be detennined pnor to engineering plan approval and then shown as dedication on the final plat (KCC 14.80.030B) Agencies, affected Native Arnencan tribes and the public were offered the opportnnity to comment on the t.letem1inccti01° for 21 days. Neither the tv(D:--JS nor the specific mitigation measures were appealed by any party, including the applicant, and they have been incorporaLed as part of the applicant's proposal. Page 2 of 15 FILE NO L05P0026 E. AGENCIES CONTACTED: L King County Department of Natural Resources and Parks No response. 2. Kmg County Fire Protection Engineer Fire protection engineering preliminary approval has been granted. 3. lssaquah School Distr,ct "411: The comments from this district have been incorporated into this report 4. The City of Renton (se\\cr): The comments from this provider have been incorporated into this :·epon. 5. 6. 8. 9. 10. 11. Kina Countv Water District J',;o. 90 (water): The comments from this dismct have ~ . been incoroorared intc this report. Washingwn State Department of Ecology No response Washington State Department of Fish and Wildlife: ::Jo response. ·washington State Depanrnent of:\atural Resources: Ko Response \Vashington State Depa,1:rnent of T ransponauon: \ o response. METRO: j\;o respons,: Citv of Renton Letter dated Febrnary 22, 2006 (Attachrnern 2). The City of Renton has reques:ed stree: :mprnvements be in accordance with 1he Citv standards. However, t:1is propen:: is located \\·1thic nnmcorporatcd King Count,· jurisdiction and King Count:-standards apph F. !\ATURAL E'.'<VIRO:'iSIF'fT: 1. Topography: The propem slopes downward from 1he nmihwest comer. Slopes on the site are under '..'O percent. ,,·irh the steeper s'.opes located in the eas1em portion of the propeny 2. Soils: AgC-Alde1"i:ood g,a,·ely. sandv loam surface soils are found on this site per King Count,· SoJ S1n e,. l r3 .. -'-.gC -Aldenvood gravely. sandy ;oam: 6-15% slopes. Runoff is sio ... , w mediim and the l'.anrd of erosion is modera1e This soil has a n1oderate lirr11ta1ioc for foundatio:1s. due to a seasonally high \\·arer table and slope. Il has a severe hmitanor for septic tm1k filter fie.ds JLLe to ver\· s]o\,. pe1meability in the substratum. \Vetland/streams: A revised Critical Areas report was prepared by Sewall Wetland Consulting, foe . recei·,ed December 11. 2006. Two wetlands were identified on the prooertv. \Yetland . .'.\ 1s a Cdegor,. l\. acd reqrnrcs a 50 foor buffer. The wetlai,d is located in i::he southeastern portion of:he s;te Tte \Yetlcnd I<:; less than 2500 square feet and may ·,,e filled as show:· 0:1 he site plan claed December l l. 2006. '.!litigation 1s required for the ,,·etlcmd and buffer impacts. Wetland B is a Category IV wetland and requires a 50 foot buffer. The wetland is located in the southwesterr: portion of the site. A portion of the wetland and buffer is located within unimproved right-of-way. This portion of the wetland and buffer may be impactec. ;or reqrnred road improvements, as shown on the site plan dated December l l, 2006. sctbjec' to an approved mitigation plan. The 50 foot buffer fo,· \Vet;and B may be reduced to 25 feet with an approved buffer cnhanccmcnt 1mttigation plan. Page ~ of' ! 5 FILE NO L05P0026 G. H. All remammg wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long tenn protection. A split-railed fence or similar shall be installed along the tract bo Lmdary. A 1 5 foot bmlding set back line (BSBL) is required from the edge of CA T's a1lcl shall be shown on ail affected lots. Additional road improvements are required within the unimproved 162"d Avenue right-of-way (ROW) located south of the proposed plat. Critical areas and buffers arc located within this ROW. Impacts within the ROW maybe permitted with mitigation. A mitigation plan will be required during engineering review. The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions. The s1tc ltcs withrn the Soos Creek subbasin of the Greea River drainage basin. 4. Vegetation: This s1tc 1s moderately wooded w1tb a third-growth mixture of coniferous and broad-leafed trees nat1,·e to the Pacific Northwest. The second-story vegetation and groundcover consists of northwest nat:ve species iacluding salaL sword fem. berry vines, and grasses 5. \Yildlife: Small birds and animals undoubtedly inhabit this site; however, their population and species are limited due to nearby development. Larger species may visit this site on occasion. :Jo threatened or endangered species are known to exist on or near the propcny. NEIGHBORHOOD CHARACTERISTICS: The property is located in an urban area ofKmg County. Surrounding properties are all single- family detached residences. Currently the site is developed with a mobile home and garage:shop in the noiibwcst comer of the property. All existing structures are to be removed. The property 1s located northwest of Libertv High School and east of the City of Renton. SUBDIVISION DESIGN FEATURES: 1. Lot Pattern and DensiLy: The proposed lot anc street layout is in conformance with King Connty Code (KCC) 2 lA (Zoning). KCC 2 lA.14 020 (B) requires lots for single detached dwelling to not have street frontage along two sides unless one of the said streets is a neighborhood collector or an anerial street. SE 135th Street is not designated as either a neighborhood collector or a11 anenal street. The 20-foot wide smp of property running along the northern property line adjacent to SE 135t!. Street shall be placed in a separate Tract 01 combrnecl w:th the Recreation Tract to ensure the plat 1s in confonnacce with KCC 21A.14.020 (B). The plat's proposed density of 3.74 dwelling units per acrt: is in confmrnance with KCC 21.A and the R-4 zone. 2. Internal Circulation: The site will access 162"ci Avenue SE, and will be served by Road A an urban minor access road ending in a cul-de-sac. 3. Roadway Section: The roads will be designed and constructed to the urban standards of the 1993 King CoLrnty Road Standards. 4. Dramage: The Threadgill subdivision is located in the Cedar River basm, including two separate subbasins. The west subbasm is Tributary to the Maplewood and Orting Hills subbasin and the east subbasin is Tributary to the Lower Mainstem subbasin. The site is subject to the Conservation flow control and Basic water quality requirements o" the 2005 KCSWD\1. The Level , Drainage Analvsis sho\\'S :hat runoff from the west subbasin leaves the site at the southv.iesl con1er~and flows south ln the 162 11 d Ave SE roadway drainage system. Tlm system 1s a combination ofp1pes and open ditches in the 162nd road Page 4 of 15 FILE '-JO L05P0026 I. RJW. The flow turns west along the south margin of SE 144:h St, continuing west in a pipe system uliimatciy dischargmg in Tributary 0307 over 1 mile from the site. The Analysis shows that the east subbasin Hows east in the drainage system along the south s1cic of SE I 35th St, then turns southerly in a drainage pipe to the south. (approx 170 feet do,vnstream). The How path continues southerly in a combination of pipes and swalcs under the athletic field for Liberty High School, to SE 144th St. The svstem continues ·2enerallv southerlv. eventually discharging to the Cedar "' ~ -· - River Drainc..ge detention and \\'ater quality facilities are proposed for 'Joth subbasins. Drainage rmtigations beyond the S'NDM Flow Control and Water Quality requirements are also proposed The proposed southerly extemion of 162r,c Ave SE to SE 144'h ST wilJ provide nc" dra:nage impro, e:11ents for tl:e west sub basin. A drainage conveyance impro·cemc,n 1s also proposed along the south side of SE , 36'h St, east of the site tc an existing catch basin. TRA!\'SPORTATIO!'i PLA:'-IS: l. Transportation Plans T'he subicct subdivision is not in conflict wi,h Transportation, :--Jon-motorized and Trmls plan. 2. Subd1vision Access: The stte \\·'11 gam access from Road A to 162n' ,.\ venue SE. No direct access \\'ill be allowed from any individu?J lots or tracts to SE 135:' Street, 164'' Avenue SE and SE 13 Stree: a:1d 162 1 '' . .\,·enue SE. 3. Traffic Generat1011: I: :s expected that approx~rnatcly 150 vehicle trips per day will be generated with full de,·elopment of the proposed subdiviswn. 'This calculation includes serlice vehicles (:.e .. n1a;! deli\·ery, ga::-bage pick-up, school bus) which 1nay currently serve this neighborhooC:. ,,s ,,. c 11 as -..vork 'rips. shonping, etc. 4. Adequacy of Arterial Roads This proposal has been re\'ieweC: under the criteria in King Co1"mtv Cock l .J -o. Trnnsportation Concunency Manageme:1t: :4.80, Intersection Standards: ,t:id Kng Count, Code 14. -5: \1iugation Payment System. a. King C0u1".t\· Code 1...:. ·-(, -Transportat10n Co::1.currencv I'vfar.a2en1ent: The -0 A .. ...., Transportatwn Cer11ficate of Concurrency dated December 2. 2005. indicates that tra::1.sporrn.t:on 1mpro\·en1ents or strategics \Vill be 1n place at the time of de\'elopment. or that a fin2nc1al commitment ism place 10 complete the improvements or strategics withm six r 6) vears, according to RC\V 36 70/\ 070(6) b. King Coun:y Code 14 SO -Intersection Standards During re,·ie, of the plat a High Accident '...ocalion t'K.\L) ,vas identified at the mtersection SE 128"1 Street and : 60"' .-\ venue SE. SEPA mitigation has been reqmred w address this High Accident LocaTton (R.\L I intersection. In order to address the ,ncrcmen;al 1mDacts of the develonment of the Threadgill pl3t. and '.he cumulctive 1m.pacts with other p;nding developmem proposals m the area (Liberty Gardens. DDES File L04P0034. and Ca\'alla DDES rile UX,PD001 J, on lhe High i\cciclrnt Location (HAL) at the imersect1on ol .SE 128 11 • Street, 160'h ,',,em,e SE), the Applicant ,,·ill be required ro md1\ 1dually or jomtly ,,ith other dn·elopcrs m the area construct an offsite extension of l 6t1 G .:\venue SE in general confOrrnance with the co,1cept'"1al plan submltled to DDES (daced: July 2, 2007) for the :J!at of Cavalla1 from the current south tenmnus of 162nd Avenue SE (ne~r the SE 138xx block) to SE 144'h Street. These improvements will include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm dramage conveyance/ detentioi:;Jtreatment facilities as detem1ined bv ODES. These improvements will also include a tight-lining of the existing Pagc5o!'l5 FILE NO L05P0026 J. water-course located on the westerly half of the 162nd Avenue SE right-of- wav (KCC 14.80.030B) l\ote a multi-party agreement between the three pending plat applicants (Threadgill. L1 berty Gardens, and Ca, all a) has been reached to implement tins requirement. Portions ofth1s improvement are located along the frontage o'." the Liberty Gardens and Caval!a plats, and will require additional roadway frontage improvements as conditions of those plats' approvals. In order to address the incremental rmpacts of the Threadgill development, by itself, on the HAL at the intersection of SE 128'h Street/ 160th Avenue SE. this applicant will be required -m addition to the requirements of the SEPA :v!D!\JS Condit10n l -dedicate any additional right-of-way required along the SE 136'h Street rnargm of the site needed to construct-in the future, by others (private or public) -an extension of SE 136'h Street from 162"J Avenue SE to 166'1; Avenue SE. The required additional right-of-way, as needed, ma;· be based upon the prelimmary road profile prepared by Baima & Holmburg dated 4/18/2005, and based upon 2.future 32-foot wide roadway with curb. gutter and sidewalks meeting applicable King County Road Standards. and any cut/fill slopes or retaining walls needed to allow others to construct this roadway. /ill\" additional R/W needed to comply with this cond1t10n shall be determined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.030B) c. Kmg County Code 14. 75 -/v1iilgation Payment System: Kmg County Code 14.75, M1tigat10n Payment System (MPS), requires the pavmcnt of a traffic impact mitigation fee (MPS fee) and an administration fee for each srngle-family residemial lot or unit created. MPS fees arc determined by the zone in which the site is located. This site is in Zone452 per the :v!PS/Quarterscction list. MPS fees may be paid at the time of final plat recording, or defen-ed until building permits are issued. The amount of the fee will be dctcmuncd by the applicable fee ordinance at the time the fee is collected. PUBLIC SERVICES: I. Schoo is: This proposal has been re, icv.,cd under RCW 58.17.110 and King County Code 21 A.28 (School i\dequacy). a. School Facilities: The subject subdivision will be served by Briarwood Elementary School, :Vfaywood Middle School and Liberty High School all located within the Issaquah School District 'lo 411. b. School Impact 1-ees Issaquah School Dismct :'--Jo. 411 requires that an impact fee per lot be imposed to fund school system improvements to serve new development \\ithin the distnct. l'ayrnent of this fee in a manner consistent with KCC 2 lA.43 will be a condition of subdivision approv2.J. c. School Access· The Applicant shall widen 162"d Avenue SE, from the intersection of SE 136'11 Street to the northeasterly curb return of the intersection of SE 137:h Street (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for school-age pedestrians walking to Liberty High School, and, ultimately, school-age pedestrians to both Brianvood Elementary School and :v!aywood Middle School. These improvements shall consist of a minimum 22-foot wide roadway together with a walkway that is: Page ii of 15 FILE NO L05P0026 (i) eight feet wide ,r d1rectly abutlmg the traveled-way, or (ii.) five (:5) feet wide 1f ;;eparated from the travel lane by an extrnded curb (w)1ich requires w additional 1-loot shy distance from the shoulder edge of the northbound t,avel lane -i.e., 162nd Avenue SE ,vould need to be at least 23-feet wide) OL (iii) five 15) 'eet wide if physically separated from the roadway traveled-. . way by a gran:I shoulder. These improvements may mclude constrnct1011 of full urban improvements (cnb, gutter and sidewalk) in lieu of these options. :\ote 1t 1s 1ntenoed :Im tbs 1mproverr.ent will also be a condinon of approval for !'le proposed plats of Liberty Gardens L04POOJ4 and Cavalla L06P0001 2. Parks and Recreallon Space. The nearest pubhc park is Maplewood Heights Park, located at 168th Avenne SE and SE 140,h Street Rernon, WA K.C.C. 2 IA.1-l reqnires subd1·,1s1ons m the CR and R zone classifications to either provide on-site rccremion space or pav c fee to the Parks Division for establishment and maintenance ofne:ghoorhood parks. At tlm time. the applicant is pro,:iosing to provide suitable recreatton space Tract C The Subdi,'sion Technical Committee concurs with the applicant's proposa:. 3. Fire Protecuon: The Cert, ficate of Water Availability from King County Water District No. 90 indicates that '·.nter .s presently available to the site in sufficient quantity to satisfy King Couriry Fir~ Flo\Y Standards. Pnor to final recording oi'1:.Lc plat. ti1e Y\·c.ter :::;erY1cc facilities n1ust be reviev:ed and approved per King Counr, Fire Flo,Y Standarcb. K. LTILITIES I. Sewage Disposal: The applicmt proposes to serve the subject subdivision by means of a p'..!blic se,ver S\'Stem ,~nnaged ·'.lv ,he Ci,y o'Renton. A Certificate of Sewer A,·ai:abilny, dated Ju[,. 14. 20i]'. indicates th:s se\'cerpronder's capability to ser0 ;e the proposed dev:clopmen: 2. Water Supply The appiicant proposes to serw the snbject subdins10n with a public water snpply and distribution system managed by King County Viater District No. 90. A Certificate of\Vater Availability, dated December 4, 2004, indicates this district's capability to serw the proposed development L. COMPREHENSTYE AND COlVCVILl\TfY PLAN: 1. Comprehensl\·c ?lan: Ibis plan 1s go,·erned h,· tlie 2004 Kmf' Count\· Cornprehensive plan \\ '.11cl-. designates rh:s area as ~Jrban. Th~ propo;ed subdivision is not in conflJct \Y1th the policies oCthe Comprebensive Plan. 2. Community P,ans: The subiect subdivision is located in the J\Cewcastle Communitv Plan. The sUbJcct subdivision 1s not in conflicc w;th the goals. guidelines and · policies of the '.\ewcastle Community Plan. :Vl. STATLTES/CODES: If approved with the recommended conditions m this report, the proposed development will comply wltb the reqniremcnts of the Counry and State Platnng Codes and Statutes, and the lots in the proposed subd1v,sion will comply with the minimum dimensional requirements of the zone district. Page -of 15 FILE '\JO L05P0026 N. CONCLUSIONS: The subject snbdiv1s1on will comply with the goals and objectives of the King County Comprehensive Plan and will comply vv 1th the requirements of the Subdivision and Zoning Codes and other cfficial land use controls of King Cmmty. based on the conditions for final plat approval. 0. RECOMMENDATIONS: It 1s recommended that the subject subdivis10n, revised and received December 11, 2006, be granted preliminary approval subject to the following conditions of final approval: I. Compliance with oJl platting provisions of Title 19A of the King County Code. 2. All persons havmg an ownership mterest m the subject prope1iy 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 mmimum density requirements of the R-4 zone classification. All lots shal: meet the minimum dimensional requirements of the R-4 zone classificat10n or shall be shown on the face of the approved preiiminary plat, whichever is larger. except that minor revisions to the plat which do not result ;n substantial changes may be approved at the discretion of the Department ofDeveiopment and Environment Services. Any;al; plat boundary discrepancy shali be resolved to the satisfaction of DDES prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus. an overlapping bow1dary or a physical appurtenance which indicates an encroachment, lines of possession or a conflict of titie. 4. All constrJction and upgrading of public and pnvate 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 must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and 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 Krng Cour.ty Code 9.04. Compliance may result in reducmg the number and/or location oflots as sbown on the ;:irelnrnnary approved 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) ir.01st also be satisfied during engineering and final re,:iew. a. Drainage plans and analysts shall comply with the 2005 King County Surface \Vater Design Mamial and appl1cable Lipdates adopted by King County. DDES approval of the dramage and roadway plans is required pnor to any construction. The site is subiecl lo the Conservation flow control aml Basic water quality requirements of the 2005 KCSWDM. b. A new drainage pipe system or open ditch section is required from the Tract B( east) Pond, and between Points 23 and 24 in the Downstream Drainage Analysis received Dec 11, 2006 by Ed McCarthy PE, PS. This improvement 1s required easterly from 164''' Ave SE along the south side of SE 135 1 " St. to lbe existmg catch basi:1 at pomt 24. The improvement shall be designed ll1 general conformance vc i th the recommendations in the Downstream Analysis; 1mless otherwise approved hy DDES. Page S of 15 FILE NO: L05P0026 c. To implement the required Besr Management Practices (BMP's) for treatment of stom1 water, the final engineering plans and technical infonnauon report (TIR) shall clearly demonstrate compliance with all applicable design standards. The reqmrements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address rhe applicable requirements on the final engineering plar;s and prov,de ali necessary documents for implementation. The final recorded plat stall mc1L1dc all required covernmts, easements, notes, and other details to implement the required BMP's for site development. " The following road imptovcments are required to be constrncted according to the 1993 King County Roced StanJards (KCRS): a. Road A shali be irnpro\'ed at a minimum to the urban minor access street standa:-d. b. C. cl. e. f g. h FR01"TAGE The frontage along 162'"' A,·e SE (east side) shall be i111prO\'ed at a n1u:.1n1urn IO the urban subcollector street standard. ·-i' \.,i...\'<·', The Applicant shall ,.,iden l62"d _>,venue SE, from the intersection of SE 136"' Street to the no1ibeasterly curb remm of the mtersection of SE 137':, Street (Lhe plat street for the Liberty Lane sc,bdivision) to pro,ide adequate wa;kway conditions for school-age pec1cstrians walkmg to Liberty High Scnool, and, ult1rna:ely, school-age pedestnans rn ':loth Libert\ High School and :Vlay-,1 ood \liddle School. These 1e1pro\·erncnts shall consist of a :nin1murn 22-foo: wide roadway togetber \Y~t:O c, \\·alk',Yc.y that 1s: (i) eight feet wide if directly abutting t'.E: traveled-\:Yay. or (ii.) five 15) tcct 11·;de if separated lrom the :ravel lane by an cxtrnded curb (which requ1Tes an additJonal 1-foot s"'-distance from the shoulder edge of the northbounc tn1el ia:1e-i.e .. I62"d .-\venue SE would need to be at least 23-feet \1.·1c.e) er. (iii) fve i)! teer 111de 1fphys:ca]J,, separated from the roadv,av traveled- wav b>.· a gra>.cl shoulrler These improvernems may me lude consn1c11on of full urban improvements (curb, gutter and s,dewalk1 in lien oftnese options. Note it _s rntendc:d thm t'.1.1s 1111provernt:nr will also 1Je a condition of approval for th., ;:,reposed nlats of Libe1w Gardens l04P0034 and CavaJla L06P0001 Tract D sha'l be nnproved to the Joint use drivewav standard uer Section 3.01 of the KCRS. This Tract shall be owned and ~aintained bv the Lot . owners sen'ed , · {,{':I) i-....• ..... 'l ll'it . " \) 1 . Thmy feet of addrnonal R'\\' shall be dedicated along the frontage of SE fc' l" -if, ~ 13) St; along \\'tth R'\\ radii at the northwest corner of Lot 15 and the northeast corner of Tract B. RJ\\' radii shail also be dedicated at the southwest comer of Tract E and the southeast con1er of Lot G. Modifications to the abo·,e road conditions may be considered according to the \·anancc pnw1s1ons 111 Section 1.08 of the KCRS. A concspual 1:-ontage ,·oacl 1mprovemen, plan for the future constrnction of SE 136.h St. '0 'he neighbo(1ood collector street standard, shall be submitted Page 9 oi 15 flLE NO L05P0026 with the engmeering plans. This plan shall show the necessary PJW width for fnture constrnction of the road. Additional R/W needed to constrnct the fnture road shall be dedicated with the final plat. The intent of this condition is to insure that_ following development. sufficient PJW will exist for future construction of SE 136'1' St to the cast 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 s1:bsequent owner shall comply with King County Code 14.75, '.v!iugation PaJ0ne1"t System (:VfPS), by paymg the required MPS fee and admmistrarion fee as detem:ined hy tbe applrcable 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 pem1it issuance. If the first opt10n 1s chosen, the fee paid shall be the foe m effect at the time of p I at application and a note shall be placed on the Cace of the plat that reads, "All fees required by King County Code 14.75, 'vfitigation 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 appl:cation. 10. Lots within this subdivision are subject to King County Code 21A.43, which nnposes nnpact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall he assessed and collected immediatelv orior to the recording, using tbe fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected pnor to building pe11nit issuance. 11. There shall be no direct vehicular access lo or f:·om SE 135 1h Street from those lots wllicb 2,but 1t. A note to tlm effect shall appear on the engineering plans and the final plat. 12. The proposed subdivision shall comply wnh the Critical Areas Code as outlined in K.C.C. 21A.24. Pcrmanem survey markrng and signs as specified in K.C.C. 21 A.24.160 shall also be addressed pnor to final plat approval. Temporary marking ofcntical areas and tl:cir buffers (e.g., with bngbt orange construction fencing) shall be placed on the site and shall remam in place until all construction activities are completed. 13. Preliminary plat revie\v 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. ,Vetlands A. Wetland A is c Category IV and reqlli:·es a 50 fool buffer. The wetland is located in the southeastern portion of the s,tc. The wetland is less than 2500 square feet and mav be filled as shown on the site plan dated December 1 L 2006. Mitigation is required for the wetland and buffer impacts. B. W ctland B is a Category IV wetland anc', requires a 50 foot buffer. The wetland 1s located in the southwestern portion of the site. A portion oftbe wetland and buffer is located \1ithiu unimproved nght-of-,vay. This portion of the wetland and buffer may be impacted for reqrnred road improvements, as shown on the slte plan dated December 11. 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer enhancement/mitigation plan. D. All remainmg wetlands and buffers shall be placed within Critical Areas Tracts (CAT) for long term protection. A split-railed fence or similar shall be installed along the tract boundary Page 10 of 15 FILE '10 L05P0026 E. A 15 foot building set back line (BSBL) is required from the edge of CA T's and shall be shown on aL affected lots. F. Additional road improvements arc required within the unimproved 162nd Avenue right-of-way (ROW) located south of the proposed plat. Critical areas and buffc;s are located within this ROW. lmpacts wi'.hin the ROW maybe permitted with n1J.t1gauor:. A mitigation plan 1,vill be required during eng1neenng re1.·1e\1 •• G. The engmeern,g plans shall 'Je routed to Critical Areas staff for review· and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL ."-u~AS Al'ID BUFFERS Dedication of a crillcal area traci:critical area and buffer conveys to the public a beneficial intereS'. m tl:e land within the tracl!critical area and buffer. This mterest includes the preservation of native ,·cgetation for all purposes that benefit the public health, safetv a:id well an:. including control of surface water and erosion. rnamtcnance ois1ope stabtlit\. and protec:10n of plant and animal hab:tat. The criticc.l area tract criocal area and buffer unposcs upon all presenl and fu:ure O\vners and occupiers of the k.nd sub.iec: to the tract/critical area and buffer the obligation: enforceable on bdcaif ,Jf the public by Krng County, to leave undisturbed all trees and ot:1er vegeta110n •.: i thrn tl·:e tract critical aiea and buffer The vegetation "·ithin the tract critical area :me! buffer may not be cut. p:-uned, co·,ered by fill, removed or da1naged witho:H approv;,d 1n \\-T1ting from thi.:· King County Department of Development 2nd Env:ronrnemal Service::: or iu successor agency_ unless othenvise provided hv la\\ The common boL:0 1da,._· between the tract criucal ,,rea and buffer and the area of development activity mnst 1Je marked or ot.nerwise flagged to the satisfaction of Kmg County prior to my cleanng, grading, building construction or other dcvclooment ac,:qty en a lot subject to the critical area tract/critical area and :mffcr. The required markmg or flagging shall remain in place until all development proposal ,1cfr:ines m the vicmitv of the sensitive area are completed. ?(o building foundations are allowed bevond the reqmrcd 15-fooi building setback line. unless otherwise prn,·ided b:, la,,. 14. Suitable recreatioi: space shall be pro,·ided consistent with the requirements of K.C.C. 21A.14.180 aml K.C.C. 21.A.. 14.190 (i.e., sport court[s], children's play equipmem. picn;c rabldsJ. benches. etc.) a. A dctaikd recreation space plan (i e., location. area calculations, dimens10ns. landscape specs. equipment specs, etc.) shall be submitted for revie\, rnd appro\ al bv DOES a?Jd Kmg County Parks pnor to or concurrent wnh the subnmta! ~f engmeericg p,ans b. A perfo!1nance bond for ·recreation space i.mprovements shall be !JOsted prior to recording of the plat. 15. A homeowners' association or other workable orgmization shall be established to the satisfaction ofDDES which provides for the ownership and continued mamtenance of the recreation and critical area tract(s). 1 6. Street trees shall be pro',icicd as follows (per KCRS S 03 and K.C.C. 21 A.16.050j: a. T r-ees shall be pc anted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance re~uirements for driveways and intersections. Page 11 01· 15 FILE h'O L05P0026 b. Trees shall be located within the street nghi-of-way and planted in accordance with Drawing "lo. 5-009 of the 1993 King County Road Standards. uniess King County Department of Transportation determines thm trees should not be located in the street right-of-way. c. If King County detcrrmnes that the required street trees should not be located v.;ithm the right-of-way. they shall be located no more than 20 feet frm11 the street right-of-\vay line d. e. r g. The trees sha:; be owned and mamtamed by the abutting lot owners or the homeowners associcetion or other workable orgamzation unless the county has adopted a maintenance program. Ownership and maintenance shall be noted 011 the face of the final recorde~ plat. The species of trees shall be approved by DDES if located within the right- of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees. or any other tree or shrub whose roots are likely to obstruct sanitary or storrn sewers. or that is not compatible with overhead utility lines. The appiicant shall submit a street tree plan and bond quantity sheet for re\'lew and aDproval bv DDES prior to cngmcering plan approval. The applicant shall contact .\1etro Service Planning at (206) 684-1622 to determine if 162'"1 Avenue SE is on a bus route. If 162"d Avenue SE is a bus route, the street tree plan shall also be reviewed by Yletro. h. The street trees must be installed and mspected, or a performance bond posted prior to recording of the plat. If a perfonnance bond is posted, the street irccs must be installed and mspcctcd within one year ofrecording of the plat. At the time ofmspect1oic. if the lrees are found to be installed per the approved plan. a maintenance bond must be submitted or the performance bond replaced with a rnamtenance bond, and held for one year. Airer one year, the maintenance :oond may be released after DDES has completed a second inspect10n and detern1ined that the trees have been kept healthv and thnvmg. l 7. A landscape inspectior: fee shall also be subn1itted prior to plat recording. The inspection fee is ,ubJec: to change based on tl-,e cunent county fees. 18. The following have been established by SEP A as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order lo address the incremental impacts of the development of the Tbrcadgill plat. and the cumulative impacts with other pending development proposals in the area (Liberty Gardens. DDES File L04P0034, and Cavalla, DDES File LOGPOOOl), on the High Accident Location (HAL) at the mtersect10,1 of SE 128'11 Street 160'" Avenue SE), the Applicant shall md1viduZLlly or Jointly \Vith other developers 1n the area constn1ct an o±Isite extension of 162:d Avenue SE m general confom1a.nce with the conceptual plan submitted to DDES (dated: July 2, 2007) for the plat of Cavalla, from the cunent south tenninus of l 62'd ;\ venue SE (near the SE 13 8xx block) lo SE 144'h Street These improvements shall include no less than 22 feet of :-oad,vay paving, plus all associated appurtenances, and all storm drainage conveyance/ detention/trcaiment fac1lit1es as determined by DDES. These unprovernents shall include a 1ight-l:111ng of the existing water-course located on the westerly hair of the 162"'' ,'\venue SE right-of-way. (KCC 14 80 030B) Note: a multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cava.Ila) has been reached to implement this Page 12 of 15 FILE NO L05P0026 Q. R requirement. Pomons ofth1s improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as cond1t1ons of those plats' approvals. b. In order m address the incremental impacts of the Threadgill development, by itsel;, on the H !\.Lat the intersect10n of SE 128'1; Street! 160'h Avenue SE. this applicant shall -111 addition to the requirements of the preceding SEPA condition -dedicate any additional right-of-way required along the SE l36'h Streer margm of the site needed to constrnct -in the future, by others !private or oublici --an extension of SF 136'·-, Street from 162"0 ' ' , Avenue SE to ! 66 1h Avenue SF. The reqmred additional right-of-way, as needed, may be based upon the prelimmary road profile prepared by Baima & Holrnhurg dated 4/1812005, and based upon a future 32-foot wide roadway with curb, gutter ,md sidewalks mcctmg applicable King County Road Starcdarcls, anc: any cut/fill slopes or retaining walls needed to allow otters to construe: tlns roadway :\ny 2.dd1tional R/W needed to comply with this conditior: sha]] :Je determmed prior lo engineering plan approval and then sbown as dedication on the final plat. (KCC 14.80.030B) 19. To implement K.C:.C. 21 A.38.230 "hich applies 'o the site, a detailed tree retention plan shall be submitted wnh the engineenng plans for the subject plat. The tree retention plan (anc: en~rnccnng plans) shall be coYisistent with the rcqmrements of K.C.C 21 A.38 :38. ,io clearing of the subject property is pem1ittcd until the final tree retention plan 1s a;;pr\)\'Cd by LUSD. Flagging and ternporary fencing of trees to be retained shall b,~ pro,.ided. cons1s,ent wit.1 K.C.C. 21A.38.230.B.4. The placement of,mpen1ous surfaces, :ill materiai. excavation work. or the storage of construction ma,enals is :xobibited withrn the lcnccd areas around preserved trees, except for grading ,.,.ork pcmcitccd ::mrsuaY1t to K.C.C. 2 1 .'...38.230.B.4.d.(2). 20. A note shall he placed 0:1 the foial plat 1:1d1catmg that '.he trees s;10,vn to be retained on the tree retention pLrn s'iail be maintamed [)'; the 'uture o,vners of the proposed lots, cons1 stern with K C C 21.-\.' S .23 0 .B. 6. 1 '\ore that the ,ree retention plan shall be included as par'. o: tht C1Gil ,:c1g111eermg pb:is ~or the subject plat. OTHER CONSIDERATJOl\S: The subdiv1s1on shall i011iom1 to K.C.C 16.82 relating to grading on nm,ate property. 2. Developn1e11t of the sub_i ec r property 1nay require registration \,;,.-i th the \\ ~ ashington State Department oi' L1ccns1c1". Real Estate D1\'1s101c. 3. Prelimmary approval oitbs application does not limn the applicant's responsibility to obtain any req,mec' Jenmt or license from the State or other regulatory bodv. This may mclude. bu .. snot tmmed to the fo:lowing: a Forest Practiec., Penmt 'icm t;1c \\'asinngton State Department of'htural Resources b National Pollurnm Disch:irge [bninat1,:m Svstern (l'{PDES) Pern1it from WSDOE c. Water Quality 'vlod1ficat1on Pencut from WSDOE. d. Water Qualitv Cer'.:ficat1on (J,Ol) Pcm11t from US. Army Corps of Engmeers TRANS:VIITTED TO PARTIES LISTED HEREAFTER: BAIMA & HOLMBERG 100 FROl\T ST S lSSAQl. \H W \ 98027 C.\RE CO GWENDOLY>l HIGH PO BOX 2936 REKTON W.\ 980:59 Page LJ of l5 FILE NO: L05P0026 CASEJOHNN 16445 SE 135 ST RENTON WA 98059 CLAUSSEN KIM PPMIII CPLN LUSD MS OAK DE 0100 DINSMORE LISA SUPERVISOR CPLN LUSD MS OAK DE 0100 DRAKE TERRY 16223 SE 136TH ST RENTON WA 98059 EAGLE CREEK LAND DEVELOPMENT LLC RA.NDY GOODWI"! l 3701 SE 253RD ST KENT WA 98042 GILLEN KICK EN\/ SCIENTIST CAS LUSD MS OAK DE o I 00 GOLL SHIRLEY ASII CPLN LUSD i\1S OAK DE O 100 HAMBLIN MARY ELLEl\ 16210 SE 134TH ST RE"lTON WA 98059 HOHLBEIN ERIC & MICHELLE 16411 SE 135TH ST RE"JTON WA 98059 KC HEARING EXAMINER'S OFFICE ATT:-1: GINGER :V!S YES CC 0404 L05P0026 THREADGILL PLAT LANGLEY KRIS TRAFFIC El\GR CPLN LUSD MS OAK DE 0100 MORGAN SUZANNE & JERRY 16327 SE l 36TH ST RE'-JTON WA 98059 SCHWAB LEONARD G. 13323 166TH A VE SE RENTON WA 98059 SEATTLE KC HEi\ TLH DEPT E E1"\1IRO"l HEAL TH 14350 SE EASTGATE WAY BELLEVUE WA 98007 SWENSON JOHN & BARB.ARA 17403 SE 192ND DR RENTON WA 98058 THREADGILL GARY E. 1481 E OCEAN SHORES BLVD SW OCEAN SHORES WA 98569 TIBBITS CHAD PPMII CPLN LUSD MS OAK DE 0100 TOWNSEND STEVE SUPERVISOR LUIS LUSD MS OAK DE CllOO WEST LARRY El\'G SCIENTIST CAS LUSD MS OAJ( DE 0100 WHITING KELLY KC DOT RD SERV DIV :V!S KSC TR 0231 Page 14 of 15 FILE NO: L05P0026 \VHITTAKER BRUCE SR ENGR ERS LUSD l\1S OAK DE O I 00 YEPEZ. DORIS 16444 SE 135TH ST RENTON. WA. 98059 ZIMMERMAN GREGG ADM!NISTRA TOR CITY OF RE'-lTOJ\ 1055 S GRADY \VAY RFr<TON \VA 98055 .Page l 5 o :-15 FILE '-10 L05P0026 :ALE 1" = 100' DJO STREET -------r----------~---------1-- -------~--- ------__ l __ _ _[._ __ _ ---,------ I 11 ,' ~01 .. ~6: ~-; .. ~; ' t? ,? ,, ~':· ' ' _____ ...! ____ ·-----l ---~ ~ :~,;:,o2..r ------------ ·u;_,CJ __ , ,-, C5- \ i L 1; ,,·a,CII~.", ----,--- _____ JL I T I ·'.J:JH'.>-~o,s ·-E--~·: ',-,---.:;~- L --1'- I 135TH STREET --...!_ --\ J -------- t~---------' ----'"- I PAGE TL ',T,3U5-' -L 11noS-9oac -----r- ------------:- <\'Y 0 ~~ 'Q ~ Kathy Keolker, Mayor ~1'\/ctO February 22, 2006 Ms. Trishah Bull CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman .P.E., Administrator 'E:P "16 FEE King County Department of Devcl,ip:nenr & tn,:ironmenta! Ser .. ·ices Land lJ se Sen:ices Division KING LAND uc; 900 Oakesdale Avenue Southwesi Renton, WA 98055-1219 SUBJECT: NOTICE OF APPLlCATION THREADCII,L PLAT. LD5PD0?.6 Dear Ms. Bu!I: Thank you for the opportunity to rt\'ie-.\ 1nd comment on this proJect proposal. Renton's Planning/Building/Public \Vo:ks Oc9artment comments nre as follo1."'s: l. The proposed development is wnhrn Renton's potential annexation area. Therefore, we request that a minimum 20-·foot width of right-of-way dedication along the foll length of the development site abutting .SE 135th Street. Combining the 20-foot dedication ·with the existing JO-foot right-of-\\'a:,-resu-1ts in a 50-foot right-of-way to accommodate development of SE 13 5th c1s a local neighborhood street' connection betv,:een 162nd Ave SE and 164th Ave SE: anj_ access for the ne,.,v lots prnposed by the abutting SE 13 5th on the south and maintaining th~ e;-.;isting acce::.;s from SE 135th for homes to the north 2. Street improvements (roadway widewng and pavement thickness, curb, gutter, sidev..:alk. street lighting, etc.) be installed per City of Renton standards on SE 135th Street, SE 136th Street, 162nd Ave SE, and 164th Ave SE abutting the proposed development site. 3. Sewer availability for ; 5 'c,ts Y~'as issued in Ju!:,, 200S Sincerelv, ~113!1/!f£///V __ . Administrator Planning:Bu1lding/Public W,xks ,J,ot cc Alex Pietsch. EU\SP .--\d'llmi;;1ratc.r Lys Hornsby. U1il1r,v .Svsrem~ D1re.~tcr Peter Hahn, Interim Transportzit1un D1:r:::c<>· Lesley Betlach, Parks Direccor Jim Gray, Assisra:n Fire Marsnall Jennifer 1--knntng, PnnC:l!J21 Plcinne· Bob Mahr, Civil Engrnccnns H ·,File Sys•AD:\l · P~P\~ Ad:";""tm~tra,1on __ ~d7,;11 Sc:. Jf,...,:JC,~\~[P_\\02:?}Gb SEP"\Tl1reildgill PIJ.L LJ5P0016 dcJR. 10)5 South Grady Way Re-:iton. ~\'ashmgton 9805: EN TON' AE--!E/1.D Of THE :~LR'."!' Jan Illian From: jlagersamericanclassic@gmail.com on behalf of Justin Lagers uustin@americanclassichomes.com] Sent: Monday, February 14, 2011 10:53 AM To: Jan Illian Cc: Subject: Shupe Holmberg Threadgill Good morning Jan, Thank you for taking my call. As discussed in our phone conversation, we are interested in pursuing construction permit approval through the City of Renton for the Threadgill Project and want to get some clarification on several issues prior to beginning our design. I have listed some topics for discussion below. • There is a SEP A condition to individually or jointly construct an off site extension of 162nd Ave SE to SE 144th Street. It is our understanding that the City is no longer desiring this extension and has removed any such requirements from the Plats of Liberty Gardens and Cavalla. • We have provided a park area on our approved design but would prefer remove the park to increase the size of our adjoining lots and pay the City mitigation fee in-lieu. • Our conceptual drainage plan shows two detention ponds to handle storm water. We would like to explore removing the smaller pond and directing storm flow from individual lots directly to the on site category IV wetland in the southwest corner of our site in conjunction with increasing the storage capacity and enhancement area of said wetland. This would provide a more attractive and higher value wetland while decreasing long-term maintenance costs to the HOA or City associated with a second drainage facility. • The project requires a drainage adjustment to construct a storm pipe system in existing ROW to move the discharge point and alleviate downstream issues. We look forward to meeting with you on Thursday the 17th at 2:00 p.m. Justin Lagers Land Acquisitions American Classic-.ffomes j_u~tin@-<!!n_~j_r.;a12c.\a_ssich_umes.com www.amcricanclassichumcs.curn 1 LUAOS-125 THREADGILL PRELIMINARY PLAT 15-LOT PRELIMINARY PLAT APPROVED BY KING COUNTY WITH 5 TRACTS (2 STORM DRAINAGE, 1 RECREATION, 1 ACCESS AND 1 SENSITIVE AREAS/WETLAND TRACT). FINAL PLAT TO BE SUBMITIED TO RENTON FOR PROCESSING. THIS PROJECT WAS VESTED ON 10/10/D6 TO THE KING COUNTY CODE IN EFFECT AT THAT TIME. ISSAQUAH SCHOOL DISTRICT. THE PROJECT'S MDNS WAS APPEALED BY CARE ON 11/9/07. PROJECT SITE HAS 2 WETLANDS, ONE 1,031 SQ. FT. CATEGORY 4 WETLAND TO BE FILLED AND ONE 4,572 SQ FT WETLAND TO BE RETAINED AND EXPANDED BY 2,557 SQ. FT. AS COMPENSATION FOR THE OTHER ONE BEING FILLED. A BUFFER REDUCTION WAS PROPOSED PER KCC SECTION 21A.24.325 TO ALLOW THE REMAINING WETLAND TO HAVE A 25' FOOT BUFFER REDUCTION FROM THE STANDARD 50' FOOT MINIMUM BUFFER. HEARING EXAMINER RECOMMENDED APPROVAL OF THE PLAT ON JAN 29, 2008. THE PLAT WAS NOT SENT ON TO THE COUNCIL. 2-5-2010: PLANNING DIRECTOR DETERMINED THAT THE 5 YEAR PRELIMINARY PLAT PERIOD OF VALIDITY SHOULD START FROM THE DATE OF HEARING EXAMINER RECOMMENDATION OF APPROVAL AND THAT THE PLAT DID NOT NEED TO BE SENT ON TO COUNCIL SINCE OUR PROCESS HAD RECENTLY CHANGED SO THAT THIS WAS NOT REQUIRED ANY LONGER. AS OF 1/10, NO STREET/UTILITIES PERMITS HAD BEEN SUBMITIED. Threadgill Plat LEVEL 1 DOWNSTREAM DRAINAGE ANALYSIS DOES FILE No. Prepared by: Baima & Holmberg Inc. 100 Front Street South Issaquah, WA 98027-3817 Tel. (425) 392-0250 Fax (425) 391-3055 Ed McCarthy, P.E., P.S. 9957 171" Avenue SE Renton, WA 98059 Tel. (425) 271-5734 Fax (425) 271-3432 Submitted to: King County DDES 900 Oakesdale Avenue S.W. Renton, WA 98055 November 18, 2005 Revised December 5, 2006 TABLE OF CONTENTS Task I: Study Area Definition and Maps ............................................................................ I Task 2: Resource Review .................................................................................................... 1 Task 3: Field lnspection ....................................................................................................... 2 Task 4: Drainage System Description and Problem Descriptions ...................................... .5 Task 5: Mitigation of Existing or Potential Problems ......................................................... 5 References .......................................................................................................................... 12 Appendix A. Downstream Drainage System Appendix B. Overflow Conveyance Analysis for the East Pond Appendix C. Onsite Basin Map LIST OF TABLES Table 1. Description of Downstream Conveyance System .............................................. 11 LIST OF FIGURES Figure I. Vicinity Map ........................................................................................................ 7 Figure 2. Soils Map ............................................................................................................. 8 Figure 3. Basin Map ............................................................................................................ 9 Figure 4. Downstream Conveyance System ..................................................................... 10 Threadgill Plat-November 2005 TASK 1: STUDY AREA DEFINITION AND MAPS Site Description The Threadgill Plat is a proposal for development to build 23 single-family homes on a 4-acre tract. The property address is 13502 162nd Avenue in Renton, Washington (Tax Parcel No. 1457500040) (Figure I). The project is located east of 162"d Avenue SE and is bordered by SE 135th Street on the north and by 164th Avenue SE on the east. Cover types on the site include a single-family residence with a shop and lawn, mature forest, and two Class 3 wetlands (Photos 1 and 2 in Appendix A.2). Slopes on the site range from I to 20 percent, with the steeper slopes in the eastern portion of the property. The elevation of the site ranges from about 500 feet (NAVO 88) in the northwest portion of the site to 472 feet in the northeast comer. Based on the King County Soil Survey (U.S. Department of Agriculture, 1973) the site consists of Alderwood soils (Figure 2). The site has two subbasins, including a 1.5-acre area that drains to the southwest and a 2.5-acre area that drains to the southeast. The westerly subbasin is tributary to the Maplewood and Orting Hills subbasin of the Cedar River (King County Department of Natural Resources, 1997). The easterly subbasin is tributary to the Lower Mainstem subbasin of the Cedar River (Figure 3). The westerly portion of the site drains to a Class 3 wetland in the southwest comer of the property. The easterly portion of the site drains to both a Class 3 wetland in the southeast comer of the site and a roadside ditch along the cast property boundary. The easterly wetland appears to be a closed depression with a 2 to 3-foot depth. The natural outlet of the wetland appears to be in its southeast comer, which in the event of overflow, would tie into the ditch on the east property line. TASK 2: RESOURCE REVIEW Based on a review of available resources, including the County's Sensitive Areas Map Folio (King County Department of Parks, Planning, and Resources, 1990), the site and downstream system within I mile from the site are characterized as follows: • Critical Drainage Area Map Both subbasins on the site are tributary to the Cedar River. The drainage course from the west basin merges with Tributary 0307 more than I mile from the site. The drainage course from the east basin also discharges to the Cedar River, well over 1 mile downstream from the site. • Floodplain/Floodway (FEMA) Maps. The site is not within a mapped I 00-year floodplain. The site is tributary to floodplains associated with Tributary 0307 and the Cedar River, both of which are well over I mile from the project site. I Threadgill Plat-November 2005 • Offsite Analysis Reports The downstream analysis for Evendell Plat (Haozous Engineering, PS, June 15, 200 I) was used in assessing the sub basin to the west of the project site. The stormwater engineering plans for Liberty Grove (L03P005 and L0374401) a residential plat located along the westerly drainage course, was consulted. Liberty Grove is currently under construction. • Basin Plans The site is within the Cedar River watershed. The Current & Future Conditions Report for the Cedar River (King County Department ofNatnral Resources, 1993) describes characteristics of subbasins to which the site contributes. The Lower Cedar River Basin and Nonpoint Pollution Action Plan (King County Department of Natural Resources, 1997) lists several programmatic stormwater recommendations for the Maplewood and Orting Hills sub basin and the Lower Cedar Mainstem subbasin. • Sensitive Area Information Based on IMAP from the King County website and the Sensitive Areas Map Folio, the site is not located within a coal mine, 100-year floodplain, seismic, erosion, landslide, or wetland area. The downstream drainage course does pass through an erosion area within I mile of the project site (Figure 3). There are landslide and seismic areas associated with the Cedar River, more than 1 mile from the project site. • SWM Drainage Complaints A map and copy of registered drainage complaints are included in Appendix A. I. • King County Soils Map Based on the King County Soil Survey (U.S. Department of Agriculture, 1973) the site consists of Alderwood soils (Figure 2). TASK 3: FIELD INSPECTION A downstream drainage analysis for the site is presented in this section. The site discharges to two downstream drainage courses. The westerly subbasin is tributary to the Maplewood and Orting Hills subbasin of the Cedar River (King County Department of Natural Resources, 1997). The easterly subbasin is tributary to the Lower Mainstem subbasin of the Cedar River (Figure 3). The drainage courses from the site were assessed on 11/16/05. The downstream conveyance systems are described below and illustrated in Figure 4. Further descriptions of drainage featnres are summarized in Table I. Upstream Drainage There does not appear to be any offsite areas contributing runoff to the project site. Along the north boundary of the site, a roadside ditch along the north side of SE 135th Street intercepts runoff from 2 Threadgill PlaJ-November 2005 the north and conveys it to the east and west (Locations I and 2 in Table I and in Figure 4). A roadside ditch along the west side of 162nd Avenue SE Street collects runoff from the west and conveys it to the south and then west along SE l 36'h Street (Location 3). Runoff from lawns bordering the south boundary of the site either sheet flows to the south or is intercepted by SE l 36'h Street before reaching the project site (Location 4). Downstream Drainage Course -Maplewood and Orting Hills Subbasin Runoff from the western portion of the site discharges to a Class 3 wetland in the site's southwest comer (Location 5). Water discharges from the wetland to a 12-inch diameter pipe that crosses under SE 136'h Street (Location 6). Stormwater leaves a Type I catch basin from the south side of SE 136'h Street and discharges to a shallow ditch on the west side of 162nd Avenue SE (Location 7). The property at this location is currently under plat construction. The plat, Liberty Grove (DDES Files Nos. L03P005 and L0374401), will have 36 lots on 7.9 acres. The drainage plan for the plat shows that runoff from the Threadgill property will be collected in a 12-inch diameter storm drain pipe and conveyed through the Liberty Grove site, separate from runoff collected at Liberty Grove. Stormwater from this pipe will discharge to the wetland on Tract C of Liberty Grove (Location 8). From the Tract C wetland, runoff flows to a ditch on the property to the south and is conveyed to a 12-inch diameter pipe (Location 9). This pipe conveys runoff about 150 feet to the south and discharges to a section of open channel (Location 10). Runoff then passes through a 12-inch diameter concrete pipe (Location 11) and is collected by a shallow driveway ditch which then flows a short distance before passing through a 12-inch diameter driveway culvert at a distance of 1,270 feet from the project site (Location 12). From Location 12, drainage enters a grass-lined channel (Location 13; Photo 3 in Appendix A.2) and then enters a flat forested area (Location 14; Photo 4 in Appendix A.2). The flow path through the forested area is not well-defined and has dense briars in sections. South of Location 14 the flow path has sections where it becomes more defined and then again less distinct. Eventually, the channel becomes more consistently defined (Location 15) as it increases in gradient and continues to flow through a forested area. The channel continues through mature forest with little sign of erosion (Location 16) and eventually leaves the wooded area along the back yard ofa single-family residence (Location 17). The channel widens prior to entering an 18-inch diameter culvert (Location 18) that crosses under SE 144th Street. On the south side of SE 144th Street, the storm pipe system turns to the west (Location 19). The 18-inch diameter pipe system continues to the west through a series of catch basins. The field assessment was ended at Location 20, a distance of3,960 feet from the project site. Based on subbasin maps for the watershed (King County Department of Natural Resources, 1997), the conveyance system ultimately discharges to Tributary 0307, over one mile from the project site, which then discharges to the Cedar River. King County staff has reported that the culvert at Location 18 has flooded in the recent past as a result of either blockage or lack of conveyance capacity. The trash rack at the inlet of the 18-inch diameter culvert at Location 18 was observed to be partially blocked with leaf debris on 12/5/06. 3 Threadgill Plat-November 2005 The forested channel upstream from the culvert has potential to cany leaf and tree branch debris to the culvert crossing. More frequent routine maintenance of the culvert inlet is likely needed at this location. The recent past flooding event at Location 18 was reported to have overtopped the culvert and then turned to the west in the ditch on the north side of SE 1441h Street. This drainage course was observed on 12/5/06. The drainage course consists of a roadside ditch (width= 1.5 feet, depth = 1.5 feet, side slopes= 2: 1) and a number of 12-inch diameter driveway culverts. The ditch system conveys flows to the west for a distance of 600 feet and then enters a 12-inch diameter pipe network just east of 1601h Avenue SE. The pipe system crosses under SE 144th Street and joins the pipe system on the south side of the road at Location 20. The pipe network downstream from Location 20 is 18-inch diameter CMP. Downstream Drainage Course -Lower Cedar River Mainstem Subbasin Runoff from the south part of the eastern portion of the site discharges to a Class 3 wetland in the site's southeast comer (Location 21). Runoff from this wetland and the remaining areas in the eastern portion of the site flows to a roadside ditch on the west side of 1641h Avenue SE. Runoff from a portion of SE 136th Street and the road right of way appears to sheet flow to the east along SE 136'h Street. Runoff which is not caught by the ditch along the west side of 164th Avenue SE continues to sheet flow to the east. Runoff sheet flows from the east edge of 164 1h Avenue SE and then down a grass slope and gravel driveway (Location 2 lA). Although there were signs of recent surface runoff, no signs of erosion were evident along this flow path. Runoff that flows along this drainage course would join with the conveyance path from the site at Location 26. The ditch on the west side of 1641h Avenue SE leads to a 12-inch diameter concrete pipe (Location 22) that conveys drainage to the east side of 1641h Avenue SE. The culvert outlets to a grass-lined ditch on the south side of SE 135 1h Street (Location 23). The ditch discharges to a 12- inch diameter pipe and turns to the southeast at a catch basin (Location 24). The pipe outlets to a concrete sump (Location 25) on the west property boundary of the adjacent residence and a 12- inch pipe then continues due south. The pipe outfalls on the south property boundary of the residence and is collected by a shallow channel (Location 26; Photo 5 in Appendix A.2). The channel conveys flow over a small embankment at which point the flow path becomes dispersed (Location 27). Runoff collects further down gradient and merges with a well-established channel that flows in from the east (Location 28; Photo 6 in Appendix A.2). The channel meanders through a forested area before entering a short section of 30-inch diameter concrete pipe (Location 29) at the north property fence line of Liberty High School. Shortly downstream, water is conveyed through a short section of open channel (Location 30) and into a 30-inch diameter CMP with trash rack (Location 31) that apparently discharges to the school's stormwater pond (Location 32). However, the outlet end of this pipe was not found. A control structure at the south end of the pond (Location 33) includes an 18-inch CMP inlet pipe. A 20-inch overflow pipe is also located at the south end of the pond. The pipe from the pond discharges to a ravine at the south end of the football field (Location 34). The 42-inch diameter outfall pipe discharges to a well-established low-gradient channel. The channel meanders though a forested area in the ravine bottom (Location 35). The channel did not have signs of any significant erosion. 4 Threadgill Plat-November 2005 On December 5, 2006, the drainage course downstream from Location 35 was verified in the field. The drainage course passes through a King County stormwater pond prior to crossing under SE 144th Street (Location 36). At the time of the site visit, the trash rack on the 24-inch CMP inlet to the pond's control structure was blocked with leaf debris. The outlet pipe from the control structure conveys drainage to the south, to catch basins along 167 Place SE. The pipes along 167 Place SE are relatively shallow and a~pear to be squashed CMP. The pipe system turns to the west along the north side of SE 145 1 Street. The pipe system along SE 145th Street is 18-inch diameter CMP. A ditch and culvert system on the south side of the street flows parallel to the pipe system (Location 38). The pipe system crosses under 1641 h Place SE and then shortly turns to the south under SE 145 1h Street (Location 39). On the south side of the street stormwater pipes enter a Type 2 catch basin from the north, west, and east. A 24-inch diameter concrete pipe exits the structure to the south through a right-of-way among the residential properties (Location 40). The field assessment was ended at Location 40, a distance of about 1 mile from the project site. TASK 4: DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS Downstream Drainage Complaints Drainage complaints along the downstream system were investigated at King County Water and Land Resource Division. Copies of registered drainage complaints are listed in Appendix A. I. A summary of the drainage complaints is provided in Table A.I of Appendix A.I. Based on available information, the drainage-related complaints that arc relevant to the study reach would likely be classified as Type I problems, or conveyance system nuisance problems. There are a number of drainage complaints associated with the storm water pond (D91941) that is located l mile downstream from the project site along the easterly drainage course (Figure 4). These drainage complaints include 91-1147, 97-1493, 00-066, and 04-0607. Road flooding has evidently occurred at the intersection of 164th Avenue SE and SE 145 1 h Street. This flooding may have been documented in drainage complaints prior to 1990. The class of the flooding at the intersection could not be determined based on available information. The drainage problems associated with complaints 93-0724 and 95-0715 appear to have been resolved. Several of the reported drainage complaints summarized in Table A. I are not relevant to the study reach. 5 Threadgill Plat-November 2005 TASK 5: MITIGATION OF EXISTING OR POTENTIAL PROBLEMS Stormwater Design Under developed conditions, stormwater from the plat will be collected and treated onsite in combined stormwater detention/wetponds. The two natural discharge locations from the site will be maintained; therefore it is likely that the plat will have two stormwater ponds. Conservation flow control standards are required based on the county's flow control applications map (King County Department of Natural Resources, 2005). In my opinion, conservation flow control standards are adequate for the proposed Threadgill Plat. This opinion is based on the following: • • • No currently relevant flooding complaints have been reported along the downstream drainage course within 1/4 mile of the project site. The downstream drainage analysis for both drainage courses from the site did not reveal any reach of channel with erosion problems. Conservation flow control standards assume forest cover types for the target flow duration in the pond design. Peak flow rates from the project site will be reduced compared to existing conditions. Based on my observations of the easterly downstream drainage course, I recommend that the proposed pond in the easterly basin discharge to a tightline or to a new culvert and re-graded ditch that replaces the existing culvert and ditch at Locations 23 through 24 (Figure 4). The existing ditch between Locations 23 through 24 has high sots and could overflow with high flows, presenting risk of flooding to the residence to the south. If a tightlinc is used to replace the existing system, catch basins with grate inlets should be included at the outlet of the existing road culvert and at the inlet of the existing pipe at the downstream connection point. Providing these catch basins would allow drainage from the surrounding road to be collected. Alternatively, the existing culvert could be replaced and the roadside ditch re-graded to eliminate the high points. The re-graded ditch should have dimensions with at least a I-foot bottom width, I-foot depth and 2: I side slopes. If this alternative is selected, a rock pad should be installed at the outlet of the culvert and a trash rack should be installed at the inlet of the 12-inch pipe located at the downstream end of the improved ditch section. Based Manning's formula, a 12-inch diameter pipe sloped at 3 to 10 percent would have a conveyance capacity ranging from 6. 7 to 12.2 cubic feet per second. An improved ditch, sloped at 3 to 10 percent would have a conveyance capacity ranging from 14.8 to 27.0 cubic feet per second (Appendix B. l). The 100-year IS-minute overflow rate from the pond has been estimated to be 2.1 cubic feet per second, assuming that the pond manages runoff from about 2.5 acres (Appendix B.2). The suggested downstream improvements would have adequate capacity for potential pond overflow and for runoff from surrounding roads. 6 Threadgill Pia!-November 2005 17th 17th 15th 107th 12th ?ii '!; 0- 3 ~ 0 i 10th 9th '% ,1 C 8 m 1.'\tn 3 ,§ 0 ~ .c m ,: 8 10th m 9th C C <( -" m 9th .c (.) 6th 5th C 5th .g 4th m E ~ <D 121st 122nd 124th 125th 126th 3rd 2n~\ ~ 2nd 1 \2nd 1 132nd .c i\l 131st 29th 1st \ ~ ~3rd 111th .c 112th 5l 113th -114th 116th 117th 118th 120th Unnamed D 0 124th Unnamed 8 m m 4th"- D 132nd ..c 133rd ~ 12 130th - 131st .c .c 132nd 132nd ~ /i5 "' ''"',} &" ""~ ,'l' \\fst 124th ',;: \ .c 132nd il5 ,_ 1st , -13~th Vashon ~35th .c 135tt, 134th Project Site I 1S'.lrd 134th Q 135th 136th 2nd 2nd 136 ~ ) ~ Unnamed '2,{0 '?,{0 ...-5 11 ;!: ~ ..c ;!: J3Bth ~'" J 1!}, /--~ 139th / ~ ~ 15 ~ 142nd · ~ ':! 142nd ,/ '\4'\s\ .c 0 ;': ~ ~ "' 159th .c g 160th 159th 160th Threadgill Plat .c /i5 "' " ,,, -;; Oq '% 158th \ 159th ,i(j,.'f< 162nd Vicinity Map Downstream Drainage Analysis King County, Washington _,.. 138th %' 139th .., C N "' () 2,000 .c 0 (D 136th 0 137th 138th 139th 141st 142nd 143rd Feet 137th 142nd 143rd @ 145th \ \ Ed McCarthy, PE. PS 9957 171 st Avenue SE Renton, Washirgton 98059 Phone: (425) 271-5734 Fax: (425) 271-3432 ~ 11/15/05 Figure 1 \21\0 "E '" ~ = 130th a, ~ 131st 132nd 132nd 132nd 133rd " "' 133rd "' ~ 134th 134th 135th Project Site AgC 137th Threadgill Plat 136th 137th 138th " 139th 5 ~ 141st "O C N ~ ~ ~ 142nd 142nd ~ ~ ~ ~ ~ 0- ~ "' ~ 146th ~ 148th ~ 149th o> ~ ',l o> 0-"" 0. Soils Map Downstream Drainage Analysis King County, Washington AgC (\ ~) 142nd ~ ~ " = " ;§ /:'. " 1n ~ ~ ~ ~ 147th ~ £ ~ "' ~ () 1,000 .__ ____ ..J Feet 7,0~ ~"\ 124th 128th 132nd Ed McCarthy, PE, PS 9957171stAvenue SE RElflton, Washirl)ton 98059 Phone: (425) 271-5734 Fax: (425) 271.J432 121st " ;;;: ,_ ~ . "' a ' 0 137th ~-11/15/05 Figure 2 134th 136th 134th 135th \ I I , . , ', / I I , , . . I 137~ \ . \ \ \ I , \ \ \ \ : -\ '\ Catcll'inimt of the Lower Cedar River Mainstem Subbasin Area= 122 AC : ' Catchment of the \ , ~. Maplewood & Orting Hills\ ', ~ \ \ Subbasin \ , I I 141st 142nd 143rd , \ ,Area = 51 AC \ , ,,,- ,----, \ \ >·-------)(:--\ '-,, / ··,···--r.,;r"'~,,~'--, ~~:j~1;;aof I \ ' = ' ',-· ', ; . ·.; .. :.· ~-' \ ' ' / -,,.,,.~'. '.I,/ '·-. -'i ; ,,,, ~/2--;,,;;;i 1 I i \~ I ' I ··j \-=8 ... Erosion Sensitive Area Site is 3% of r,,.::::o'-.,_,,~---: 143rd ·;;:,.c .. -i--______ .., Basin Area :,..._ -"-----~ ·"-I ... _ "- ' ·-------------- '· '" 145th ----------.. I I ·r-··- 134th \ \ ! 140th 142nd 144th ' ' ' 145th '•. ·, 149th \ ~ 148th ;§ <D Threadgill Plat 146th 149th ,> f ~ ~ ~ "o-'" 'g_ Basin Map Downstream Drainage Analysis King County, Washington 147th £ "' ~ 0 600 Feet Ed McCarthy, PE, PS 9957171st Avenue SE Renton, washington 98059 Phone: (425) 271-5734 Fax: (425) 271-3432 Erosion I Sensitive Area 11/16106 Figure 3 Downstream Conveyance System Threadgill Plat Downstream Drainage Analysis King County, Washington n 500 ...._ ____ ..... Feet Ed McCarthy, PE, PS 9957171st Avenue SE Renton, Washington 98059 Phone: (425) 271-5734 Fax: (425) 271-3432 ""· 12/5/06 Figure 4 Table 1. Description of Downstream Conveyance System Site Visits on 11/16/05 and 12/5/06 --------------------- Location Drainage Drainage Slope Distance from Existing Potential Observations of Field ID Component Type, Component Site Discharge Problems Problems Inspector, Resource Name, and Size Description Reviewer, or Resident See Fig. 4 Type: sheet flow, swale, drainage basin, 1/4 mil<rl,320 ft constrictions, under capacity, ponding, tributary area, likelihood of stream, channel, pipe. vegetation, cover, depth, (%) (FT) overtopping, scouring, bank sloughing, problem, overflow Size: diameter, width tvne of sensitive area sedimentation, incision, other erosion pathwavs, l'V'l,tential imnacts 1 Roadside ditch Grass-lined ditch 4 North boundary Offsite drainage from with driveway culverts of site north is intercepted by ditch and conveyed to the east 2 Roadside ditch Grass-lined ditch 1 North boundary Offsite drainage from of site north is intercepted by ditch and conveyed to the west 3 Roadside ditch Grass-lined ditch 2 West boundary Offsite drainage from with driveway culverts of site west is intercepted by ditch and conveyed to the south 4 Sheet flow Gravel road intercepts 2 South boundary Offsite drainage from sheet flow from of site south is conveyed away adi a cent lots from site to south or east 5 12"-inch diameter Onsite wetland 1 Southwest corner Class 3 wetland concrete pipe of site discharges to pipe in southwest corner of site 6 Type 1 CB w/ grate 1 60 Pipe flows to west 12"-inch diameter pipe 7 Pipe outfall Shallow channel and 2 200 See drainage No problems Liberty Grove under sheet flow; new pipe complaints 00-foreseen; new pipe construction system to be 0322 and O 1-0344 system will convey constructed drainage through new plat Table 1 (continued) --. . . ----------· •••-.,•-•• ~---··-...,. ~•n._ &.a••• ..., ... .,.,.._..,.•n ••n-................ ..,"' .. " ._. ...... u.a ..,._.,., Location Drainage Drainage Slope Distance from Existing Potential Observations of Field ID Component Type, Component Site Discharge Problems Problems Inspector, Resource Name, and Size Description Reviewer, or Resident See Fig. 4 Type: sheet flow, swale, drainage basin, 1/4 mil<r 1,320 ft constrictions, under capacity, ponding, tributary area, likelihood of stream, channel, pipe. vegetation, cover, depth, (%) (FT) overtopping, scouring, bank sloughing, problem, overflow Size: diameter, width tvne of sensitive area sedimentation, incision, other erosion pathways, ootential impacts 8 Location of future pipe Wetland discharges to 1 870 Tract C Liberty Grove outfall in Liberty Grove a ditch along adjacent wetland property line to the south 9 12-inch diameter CP Basin at inlet to pipe 2 1,070 Pipe conveys runoff to south property line of parcel 10 Open channel Grass-lined ditch 2 1,070 Width: 3' Depth: 3' Side slope: 2: I 11 12-inch diameter CP Outlet end of culvert I 1,230 Damaged outlet of Culvert discharges to Length-20' is damaged culvert may shallow ditch along constrict higher north side of gravel flows driveway 12 12-inch diameter CP Driveway culvert I 1,270 Lenatb -20' Table 1 (continued) Location Drainage Drainage Slope Distance from Existing Potential Observations of Field ID Component Type, Component Site Discharge Problems Problems Inspector, Resource Name, and Size Description Reviewer, or Resident See Fig. 4 Type: sheet flow, swale, drainage basin, 1/4 mile~l,320 ft constrictions, under capacity, ponding, tributary area, likelihood of stream, channel, pipe. vegetation, cover, depth, (%) (F1) overtopping, scouring, bank sloughing, problem, overflow Size: diameter, width tvN> of sensitive area sedimentation, incision, other erosion oathwavs, nntential imoacts 13 Open channel Grass-lined I 1,485 Channel enters forested Width: 2-3' area and becomes Depth: 1-1.5' dispersed Side slooe: 3: I 14 Open channel Leaf/earth bottom I 1,780 Width: 2' Depth: 0.3' Side slooe: 6: l 15 Open channel Sand and gravel I 2,1 IO In certain reaches, flow Width: 2' substrate; forested path becomes less Depth: 0.3' area distinct Side slope: 6: I 16 Open channel Sand and gravel 3 2,500 Channel becomes well- Width: 3' substrate; forested defined with increasing Depth: 1.0' area gradient Side slope: 2: I 17 Open channel Earth and grass-lined 4 2,890 Chatu1el borders forest Width: 1.5' and back portion of Depth: 2.0' residential lot Side slooe: I: I 18 18-inch diameter CMP Pipe crosses under SE I 3,170 County staff has reported blockage and Inlet partially blocked w/ trash rack 144ili Street flooding at this location with leaf debris on 12/5/06 19 18-inch diameter CMP Conveys drainage I 3,270 and catch basins west 20 18-inch diameter CMP Conveys drainage I 3,960 west Table 1 ( continued) Basin: E ----------.. -----· ~--. -· ···-··· ... .., .................. -..... Location Drainage Drainage Slope Distance from Existing Potential Observations of Field ID Component Type, Component Site Discharge Problems Problems Inspector, Resource Name, and Size Description Reviewer, or Resident See Fig. 4 Type: sheet flow, swale, drainage basin, 1/4 mile~l,320 ft constrictions, under capacity, ponding, tributary area, likelihood of stream, channel, pipe. vegetation, cover, depth, (%) (FT) overtopping, scouring, bank sloughing, problem, overflow Size: diameter, width tvne of sensitive area sedimentation, incision, other erosion oathwavs, notential impacts 21 Closed depression Onsite wetland 2 Southeast corner Overflow from wetland of site would be intercepted by ditch on west side of 164th Avenue SE 21A Sheet flow to east Grass and gravel 10-15 0-100 No signs of high Likely receives runoff driveway flow rates from a portion of SE 136"' Street 22 12-inch diameter CP Conveys drainage 3 0 Debris blocking under 164 tl1 A venue inlet of culvert SE 23 Channel Grass-lined 5 60 Channel could Width: 1.5' have limited Depth: 1.0' capacity for pond Side slope: 3:1 emergency overflow 24 Type I CB w/ grate 2 170 See drainage 12-inch diameter pipe complaints 93- 0724 and 95-0715 25 Concrete sump 390 12-inch diameter nine 26 Channel Earth and gravel-lined I 550 Flow path not Width: 2' well-defined Depth: 0.2' Side slone: 10: I 27 Sheet flow and Forested/shrub 6 640 No erosion Signs of high flow disoersed channel embankment observed evident Table 1 ( continued) s--' E -~--ly Basin-L -.. --Cedar Ri ' ---·-------------------- Location Drainage Drainage Slope Distance from Existing Potential Observations of Field ID Component Type, Component Site Discharge Problems Problems Inspector, Resource Name, and Size Description Reviewer, or Resident See Fig. 4 Type: sheet flow, swale, drainage basin, 1/4 mile~I,320 ft constrictions, under capacity, ponding, tributary area, likelihood of stream, channel, pipe. vegetation, cover, depth, (%) (FT) overtopping, scouring, bank sloughing, problem, overflow Size: diameter, width tvne of sensitive area sedimentation, incision, other erosion pathways, notential impacts 28 Stream channel Gravel substrate; 1 700 No signs of Channel meanders Width: 4-6' forested area erosmn through forested area Depth: 1.0' Side slope: 1: I 29 30-inch diameter CP Culvert crosses under 3 860 Length-40' school yard fence 30 Stream channel Shallow grass-lined 2 880 Width: 4' ditch Depth: 1.5' Side slope: I: I 31 30-inch diameter CMP Pipe conveys flow to 2 940 Outfall of pipe not found w I trash rack RID pond in pond; could be a submerged outlet 32 RID Pond Heavy wetland 0 1,130 RID pond to high school vegetation 33 RID Pond outlet 0 1,270 18-inch diameter CMP structure and overflow inlet to control structure pipe 34 42-inch diameter CP Pipe outfalls to stream 2 2,100 4-inches of sediment outfall w/ trash rack channel accumulation 35 Stream channel Low-gradient channel I 2,290 No signs of Channel meanders Width: 3.5' erosion through forested area at Depth: 1.5' bottom of ravine Side slooe: 2: I Table 1 (continued) ---· ------' --··--~ H ,._. • ..,_,., ... __ .L..._,_T '-'• >•&-&U<>a ... au ._, ... .., .......... Location Drainage Drainage Slope Distance from Existing Potential Observations of Field ID Component Type, Component Site Discharge Problems Problems Inspector, Resource Name, and Size Description Reviewer, or Resident See Fig. 4 Type: sheet flow, swale, drainage basin, 1/4 mile-1,320 ft constrictions, under capacity, ponding, tributary area, likelihood of stream, channel, pipe. vegetation, cover, depth, (%) (FT) overtopping, scouring, bank sloughing, problem, overflow Size: diameter, width tvne of sensitive area sedimentation, incision, other erosion pathways, ootential impacts 36 King County Pond D-24" CMP inlet pipe 3 3,500 Trash rack to inlet Recommend cleaning 90832 Serena with trash rack to pipe was blocked debris from inlet pipe Park/Outlet control control structure with leaf debris structure on 12/5/06 37 1 Y'x24" CMP; system 2 CMP is corroded turns into 18" CMP further downstream 38 Ditch and culvert 2 system on south side of SE 145"' Street 39 CB with 18"x24" CMP I crossing under SE 145"' Street 40 CB with 24" CP exiting I 5,000 12" CP enters CB from to south west 41 King County Pond D-I 5,300 91941 REFERENCES Haozous Engineering, PS. June 15, 200 I. Evende/1 Plat -Preliminary Technical Information Report. DDES File No. L98P0047. Renton, Wash. King County Department of Natural Resources, 2005. King County Surface Water Design Manual. Seattle. King County Department of Natural Resources, 1997. Lower Cedar River Basin and Nonpoint Pollution Action Plan. Seattle. King County Department of Natural Resources, 1993. Current & Future Conditions Report for the Cedar River. Seattle. King County Department of Parks, Planning, and Resources, 1990. Sensitive Areas Map Folio. Seattle. U.S. Department of Agriculture, Soil Conservation Service, 1973. Soil Survey of King County Area, Washington. Seattle. 17 Threadgill Plat-November· 2005 Appendix A. Downstream Drainage System Appendix A.1 Drainage Complaints Appendix A.2 Photos of the Site and Downstream System Threadgill Plat-November 2005 Appendix A.1 Drainage Complaints Table A.1. Summary of Downstream Drainage Complaints Complaint Date of Location of Problem Description.of Complaint Number Complaint . ·· . 91-1147 11-14-91 14506 165m Avenue SE Complaint of water ponding in front of house. Problem may be related to a backup in the stormwater facility downstream (D91941). County conducted investigation and vactored drainage system in area. The complaint file has been closed. Type 1 problem -conveyance system nuisance problem. 93-0724 8-9-03 164xx SE 135"' Street Problem with flooding caused by redirected flows. Problem has since been resolved with a new stormwater pipe installed across the property. Type 1 problem -conveyance system nuisance problem. 95-0715 8-30-95 164xx SE 135m Street Problem with flooding caused by redirected flows. Problem has since been resolved with a new stormwater pipe installed across the property. Type I problem -conveyance system nuisance problem. 96-0056 2-22-96 14301 166m Place SE Flooding of yard and crawl space caused by groundwater seepage from upgradient area. Problem related to February 8, 1996 storm. The property was visited on 12/5/06. The house and property are situated well-above the channel of interest. The drainage complaint at this location is not relevant to the study reach. 97-1493 11-3-97 16426 SE 145m Street Neighbor complains that infiltration pond (D91941) talces days to drain down. In 1993 the pond had a comprehensive overhaul. Upon inspection in November 1997, the pond appeared to be operating properly. The long drawdown period was attributed to heavy storms previous to the complaint. Type 1 problem -conveyance system nuisance problem. 'Ihnadgill PloJ-Nuvember 2005 Tabla A.1 (continued) Complallit · Date. of · ' · Location of Problem I Description of Complaint Nimltier •. Complaint ·· .. ,--. ,, ' ; ·<' ."· . · .•... .... . 99-0059 1-21-99 14334 166m Place SE Flooding problem -claim. Description not available. King County staff have reviewed the complaint and have indicated that the complaint is not drainage-related. 00-0322 5-9-00 13612 160m Avenue SE Water quality related problem. 00-0666 9-29-00 16426 SE 145'" Street Neighbor concerned that recent installation of trash racks at stormwater pond could create flooding. Flooding has occurred in the past at the intersection of 164th A venue SE and SE 145th Street, upgradient from the pond. Not enough information available to classify the flooding problem. 01-0344 5-24-01 13644 160m Avenue SE Water quality related problem. 02-0570 8-8-02 16712 SE 144m Street Noxious weed removal. 04-0430 5-17-04 Liberty High School Noxious weed removal. 04-0607 8-17-04 16225 SE 145'" Street Potential sink hole near house north of infiltration pond (D91941). County determined that small depression on residential lot was likely caused by natural settlement. 'lhreadQi/1 P/01-November 2005 Map Output ® King County ,,., X & • • • • ,;' County Boundary Moontaal Pealca Oraaiage ShKlia& I .. · .r~. I i ... ' 1 NeigtdJottiood Otaaiaga Prajacta Regil:lnal SlOffl'Mlaklr Fadtiea. Relidantial Stoffl'Mllllar Faditia&: Ccmml!N:ial Slttrrl'MlalarFaditicna. Highways Sbllats "-,-1 Page 1 of 1 di . -:q··· Cc.i...ll t' \ -) \ I \) . ~'l-0101 Legend (fol' -""" Pattiell ii ll'ban Gl'OW!tl Area Lina D Lakes t:ind La,oe Rivem I'/ s ...... m Da~age Comrllanta /V IOOOfPOOUed Mill e information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County akes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such Information. King County II not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from e use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King aunty. ate: 12-5-2006 Source: Kin Coun iMAP -Stormwater htt ://www.metrokc. ov/GIS/iMAP http://www5.metrokc.gov/serv1et/com.esri.esrimap.Esrimap?ServiceName=overview&Clie... 12/5/2006 -DEC. 7. 2006~ 8:41AM--KING CO. WLRD----------·No. 2404-P. 2/14.-.,;.· - (!r. KING COUN IV DEPARTMENT OF PWBLIC WORKS 0~ '" SURFACE WATER rv,ANAGEMENT DIVISION COMPLAINT INVESTIGATION REPORT ix~, 1 :; i::::: . " " s '...C:::. DateRoc'd: ,~ NATURE: \'.)F COMPLAINT: 0./? _,,, . ... J.... .._.._. C/'7 ,=; . //l..~ °¢.-9/ ~,-I ,I- / SEC -,, -... P ilAGE ,:;-LOCATION:, 8'~ Jt9x?wtP4D '5d ,nr',Y -KROU.PG. COMPLAINANT: L/,y(;>A ·@eL?w?I i COUNCIL DIST. 0 ' ' . PMO~EijO, 4 Address / 4.. :i:'"<Z i&_ . /1Srv,,b:U-city /Paa= state V4:: z;£/'d' HOME: .e r-£et S' r ' . ~ ,::-_.• '/' /-(}66 f .5,._; l:::-?NSi.9..,J COMPLAINT RSCEfVl:O 6Y: DETAILS OF INVESTIGATION: On site 11-19:91. WORK: The Rhoden residence is in a low, flat area in close proximity to the Swenson residence (see 91-0064/Swenson). Ditches were clean, and the majority of culverts were open. Although it had been raining, there was no flow in the system. The R/D pond that takes this flow was dry. . , Photo 1) Shows front entrance to the Rhoden residence. (Level, with slope towards 145th). 2) Looks west towards R/D pond. · · · · .. . 3) Looks SW towards R/D where pile of brush 'has been placed on slope of R/D • • NO. 2404 P. 3/14 .. "" ---.....:.: I , =--11 ,, t r i i '. ,,\, : DEC. 7 . .200~ 1 --8:tAM \ KJNG CO. WLRD , .. ~-~, { -------,.~-·---"· ... ----·. NO. 2404 . P. 4/14 · I ' . ,, : .. --~ . -•' ' ' __ fo.11 6 "5 ~· - CITIZEN ACTION REQUEST N~918897 DEPARTMENT OF PUBLIC WORKS -ROADS MAINTENANCE DMSION Date: Io-fl-t::r I Time Rcvd: q: Io~ . · Division:-::!!:">{ Referred to: Request taken by: Request received by: -%$-";cl Additional Referral to: ~L::.f:eu:t?SJll!..S.!!:'.l!o:J--____!,,iaz:;\t"'7ZZlii,-,U.S.,'i,e~---,.- Planning Unit: JUZ;J_ , Type ofRequest: F. Describe Action Taken: PJV~>T/5 .. -r,cl) "I-~ l!.J+Sr,J!:' fl C.l\.'-1'~.f, 10-z.Z.•"JI V/9 c.-rr1R. Wotc.h:£/J i!-1JT1IUS s,s 7°d:""J JI• G.'""I / lt.l!',....y~;r, ,,,-ne,0 S'',J'T~ 11-7-q1 C.iqU.KO t.,..,llR'7 Gi£7TLl5° Jl-11•11!/ . Phone No . .513 4 So 5~ Alt.Phone: ____ _ Date Referred: I t> -I l -'7 r Time Referred: ----- Task Code:::l..'·/J/24'} S1s"Tct .... NC~IJJ. Wr,1t.Jc. SEFotte WJ</Tt£JC. Wll.t. Pt.ow F«""" ,>/~ LPN 19~G"f W~~& J./4.E ~ME JS", RE~G.11.le,,L 'n> L,q,eit.'1 Gf!tTf'L ~ C'.4~/1 II • Ii. • ..,., C."11.t.d".!1 U -1"• "t I CJ!f'-L'" lo -~z-'1r C.q'-W'tl Jo -(4./-ql Who Responded to R..i9.uest: ~~c'-1 -'-ct~~ 3B'o3 Response Date: JJ~l 4 • '\I Caller Contacted by;Q:,Phone W,.e_!:ter (-In-Person U-Unable to contact · Is Addit. Follow-up Required: QJN) , TYPE OF REQUESTS A. Abandoned Y.ehic1e J_ Herbicide/Spray Q. st, Repair or Paving B. Administration K. Mowing/Vegetation R. Spill Clean-up (Gen) c. Bridges control. s. Illegal Use of R/W D, Dang~ Tree L. Pothole T. Trash on R/W B. DeJ;,ris/Tree on Road M, Property Flooded u. Com'l Veh. complaint 4) Drainage (General) N. Shoulder Maint. v. Water on Road G. Guardrail Damage o. Sidewalk Maint. w. Snow/ Ice H. Misc. 'Requests P. st_ Maint./sweep x. C/B-Util, Lid Missing r. Questioru./Complaints about County Forces' Activities. NOV. 17. 2005 4: 05PM KING CO. WLRD NO. 6127 P. 3 . KING COUNTY SURFACE WATER MANA.GEMENT DIVISION DRAINAGE INVESTIGATION REPORT __J , Page 1: INVESTIGATION REQUEST L PROB.LEM tlQQll<:Y'n9 T;..V.;.P.:;.E_.......;=--- 'leceived by:. R-ct, >sw Dale: B-9-? 3 OK'd by-J&<kl File No. ~. 071.A ~ec:sived from: · (Pl•-P""' plalnly ior ....,,rwng). (Pal') ~AM\c: ma. rw (1, \ b €,·Q.t.{. ft ( Je.lU>o) PHONE.iis ... ,gq( I \D;R\:SS:U b '{ ;(,: 5 E:, /3,'lM) City-&.»+-.,.,..,_ · S'.ate Wa. ZIP, qsoS'& .ccation of problem. rt different: J=bf51t'.P {p 4 +vl AVC .'-1~ CHARGE # otner agencies involved: (.Give detail.s) -----..:....----------- leported Impacts: # Properties: Home A~ces:. road == Septic system ~ outbuildings, garage~ ~ 1ard/lands~aping =:= _ Ot:her property. . _ ~ Strea~, lake, wetland :ommerrts: Dates/frequency of occurrences: I . •. :ia*l~,,~~ia:~:ma~-.a~;;-;~#i;·;;~w::,'j;{~~~~T-~~~.~ or;s1/on/Trst:king Info: -SW1/4 sfi..TJl.R 0~ Parcel No. 7-z.:z.ct7Q ooo& Type C, J~fu lw4"'1"Vl Ave -.:,es Besln L-CJZ. Councrr Dlst (ti DIR Ref/Chg No:____ City Field fnvestigation needed? Plar.,ame:~~ Su.b1,vrb~ Lois. Block No: ltttion taken: -~ssi~~ed to: 7 Tu(ned to E on. lo f lS/ Cc$ ln!tials: :g. rttoMAs BROS Nrw. l;(t& M DATE cLosEo: _L_;_liL/q~ OK'd~ . OLD: ~ · J..,-Fr Lot No: KROLL NOV. 17. 2005 4:05PM NO. 612 7 P. 4 AGf:;:Mf:.N r OIVl:::IIUN DRAINAGE INVESTIGATION REPORT Page 2: FIELD INVESTIGATION TYPE File Name: File No. DetaH:r of lnw:i:tigatlt,n; Date of Field l~gaJlon:.az_f ..a.J .JL Reta.tad lnvvstlgallons: The area of concern is low in relati.onship ~1th the sui:,roundtng prepel"tfes·. A re~a.tively sh<'_llow s.wale wfth drairiage fJ"Qll1 NW to ·SE is cuhertecl under 135th and outlets into a low vacant lot. The x-culvP.rt outlet had rec':'ntly been diJg out from sul"rounding sons and is iOl"!!r than the sons. A CS 1s being const'ructP.d in the ditch 'fn front: of 16414 and 1s co~nerted to the x-culvP.rt. There was no flow ~r st.anding water at t~e time. Photo ii ·Looks eaist 011 135th' with 'Gilleault Jot on r1ght. --- 2 Shows f.B under construct.ton in dftoh, 3 Look~ nol"tltwe.ste"1¥ iot CR and conc~te outlet to CB. 4 ClOSE> up nf CB with conn11ction to x-culvert. · 5) X-culvert outlP.t on so11th ;side of 135th,. 6) Looks \olest on 135t.h with CB by mafl bo~. Sketch: .,~ .. ·,, .!! NOV. 17. 2005 4: 06PM KING CO. '1/LRD i CheriLee Kiugt County Publie Works Dnmaga Investigatiott Sum: 1100 llll-3rdAve. Seattle, Wash. 9&101 Man:el C. Gibeault 16115-119th Aw. SE. Renton, Wash. 98058 Tel; 228-8411 1~@@[gOY§@i[)l '· l, AU~1 a '9si L~) Re;liltproper~ Dear Ms. Lee KING t.OUHTY SURD.CE WATER MANAGa.100 Dtll!S!ON It hM come to my atteJl1ion ~ there has becl!l a eulvert installed aotoss SE. 13SdJ. Str. approximately 150 ft. Eastof1he center of164thAve. SE., please referto your map SW 13-23•5. This cul:vmt does not show on the ooginaJ. plo1S. If the County ittsta11ed Ibis culwrt to drain the sw:fice water from the North side of SE. 1351h Str. onto our lot, thereby using our lot as_ a Retension Pond then the County should haw t.o purchase it to do so. If 1l1is culvert does not show on your wcords, we request you romove it immediately and that the property be i:eatored to its original condition Your time and cooperation in this matter would be gready appreciated! Thankyou, :Marcc:1 C. Gibeault -;::'%::,",, '-''•i:'-:::::: ' ...:. .••• -tt·,-.····,.;. ;~ •. ., __ ,..,NOV. 17. 2005 4:06PM KING CO. WLRD -:·--·--~~---------·••l!il•• .Jahuary 2s~ ~994 .. _.;. · !roU'_ a~ew: · .Compl.a:int 1110. 9~-0'Z.24 (Gibeault) ... A :i:-evie;., O:f inforll)ation in the tile and a visit to the 'site h~· . determined that . the prohl:-does-not qualify ·-for tile · ND~.· .. ."aae1cground ·iri.tormation i~' _.prese~ted _below. ·. ,·.. .·· .... ' . "_ .. . . . . , · · .· .. ,· . . Ba~i-o~«· · . ',_._..-.. :. ··:-.-: ·:·~ ,;; : ·-·-'.-·.··· .•:-,;· .':~: '~··: .... . '.. ..· The G_U>aau1t property. is. loc;awd ott 164:mc SE 13.5.th .. St in. :t;he'· Pl.at' of Renton Suburban Tr.acts. This complairii: is dated · 8-9-9 3. ·Two ·direct1.y re.1.atea compl.aints :were. found, !I0-0931 and 87-0496, both -. :=by 'Lr:tvenseller .•. _ G;i.beau1t called,. tc .complain· al:>out W!lt!'>r. ci:miirtg_ -. 'froi11· a oroa!!.-'e\ilve:tt,··which' he· sai<l · was --installad, by ·the: county 2(1 · years ago.. Ol:>8e:rvation of tha site indicated the following: the- :el.ow from the cross-culvert is :foll.owing the natl,lral drainage path, _ ,. , · ther-e -_·is ·a· -berm. on· tnEi Gibaa.ult. pr.oparty whicll blocks flow out of ... : : , .. •. >: the . wet:. iirea:· aowstream of. :thiii cro·s.a-cuivert i thera. is· a . f'ew inches : .. _.. · -:·.-'·····of -standing. water on· a portion ·of the·_ Gibeaule :Propei;:ty, .a~· ~!=li"e . · .• · ··-.-,are 'J;arge cottonwood_ trees on the· -Gibeault lot, It appears. that: . :.', -. ·. ti:te _wet area. }.s ln a natQrai ·<'.l:i:::ainage swaie .µiq. that. fj:11ing-on . ,• _ '· · ·_ · :aibeault·• i;i: property has paused· increased ·ponding~ .. The. ·li11 also : · · _ : _a~lll"s to h~v• diy~:ted :fl,<W towilrd. _tha. neighboring· property ·t.Q.·. · · .. -~~ .east. (Leverusel,.ler.)-,· The standing water and cottonwoods·-.. : · ' ·. strongly_ suggest that tbis· area is a wetland. · .... :.. 'l'~is c<:l1tlplaint was investigated· by D:tR on 10-93. It was -1ler1<ei'.1ninE!ci . by. · the c.omplaint investigators that the problem , should be; .. c·onsidered fo;c-. the NDAP, : · :_ . · ._ ·-stew/ Ft1_iey· ,_· . -~ .. ' .. .' .. -~ ,:' . - . : • .. : . ' ·, ·, . . " . .. -•. ~: •. ; . ·'. . . · .... ~ . ' '. :: ~' -... : .. ~ . . .:.' ~-·., . . . . . . · ,_ . .· .. · .·:... " ~ .. --' ' . ., . .. . . . : - ' .. ,·.· ••. : :'· -• ,-_! • .,_ •• -• ' ;::_:·.:_:;:,.: ·:::·: ·:: '·.·.-: ·.-~-·;_: . . . . . . ,_ . ... ·: . .._;· ·; •. f .· '. .. _··.·.·'·.· .. t_ '"_-~ .... ' .· ,\. ! . . ... -r~ .... NOV. 17. 2005 4: 07PM ·KI NG CO. WLRD . NO. 6127 ,P. 7_ KING COUNTY SURFACE WATER MANAGEMENT DIVISION DRAINAGE INVESTIGATION REPORT Page 1: INVEST/GATICl'•fl'IEO.!).EST A {A Type U Recei<-'ed by: A &o---------~~te: .. ? /.3_qif 2_?K'd by, -.f!L:!--Fn~-~~-35-(.) 7/5 {Pteaae print plainly for ~~l-(Pay) (Eve) Received from: NAME: __ 1.:...fe..L....1£hL!.L..n...,s'-"-crn:J...!._1--r _,,._.fe'""'e.._A.-Lr:-_______ PrioNE (sl'l'/-tf ft;t' ,g.:77-.:81,. ADDRESS:._-1f..:.(p~Y_'>C~)(~_.s,,t_·E.e:..__,_/-"?::.:..r;.~/h--=s'-'-r'--.,..._.1x Clf/.f /?Qi.fl) ,J State Zip __ _ Location of problem, if dlfferent; ·-----------------------------~- Reported Problem: (,,va,,-,,;T £" 7o ~ P~fr.t ~ (6,:6-eadl_) • .&,vi-' 1' l)n;uA-iaff,' IS a.,u-.JIJ.,1.1.. j;n,b/-ern . a.::~~~ t:v/'hi 5L: 1:3'5 'f11 sr. ct1ZJcL we. m-t-(.....f t<-/ • him cm 7J?e prt1J')e-Yhj 7,3 e,U£"C..U5"5 Wha.:I C?U1 lu.. dr/he? { JST .) ca.µ Lot No: / <c,\ock Ne·. / Ol'nar aganc"ras i:,volved: ',lo F,e!rl ln\lss'J.Qaticn. Needed __ _ Kroll j'(,;J ~ Th.Bros; New &;57,tJ:2; Old 3~F5 Turned le. ___ on----by~--O~, No further action recommended be-cau, ._ Lead agency has been notifled: -~.,..,.----------------------,,------~ '..._ Problem has been correctw. In No problem_ ha~ been icientlfled. Prior investigetion addresses ,irobler -pt-, -s.. Fil~··--~-- Private problem -NDAP will not consider beceuse; Water originates onsite and/or -on neighboring parcal =Location i_s outside SWM ~rea. TE CLOS!;D: 'f / t,.!,-/ '7' ;i by: ~ -µofl!!o8t~r Other (Speclfy): NOV. 17. 2005 4: 07PM KING CO. WLRD COMPLAINT !15..()'71' JOBNSON, JEFF Jnvestiped b)' Doug Dobkins on 9-15-95 NO. 6127 P. 8 Mr. Jo1m111Dn w 11een Clll vllllll!kln t11e fiat part ot a~ 11114 Wllld&ld to wait until ht aot back co meet Wesettheappolubmmtupfmthe lSthof Sq>t,:mber. lmetwlthJelfan4hlsUncleO!llifeto discua bis OIi a 1111 about d!lllaa,i:, on th!& lot IHI wu parchaslng, Amlrding ID Jdf thc ~ road CR:WB came out and deaned 1fll dltdles and e,rposrd a ci:OBS allvelt tllat Iuld hem burled. 'l1le Counly" 1m1M ~attbel\)gbt~'W!ntbc'Willllt~~ I e,cpla!"med to Jdrit-'.\\ be11Pmthe prq,,:rty-to ~ttds walllr lllZOSS IDptopc,,1,Y iD tbellalll%lll drunaF GOlillle. We ;haw had past · compdnts ..,..tlda ~ fat the --. All the~ i:omplahrts have beem private problems since it was flJa J)l'CIJllllti own=n RIIJOIIBiblo'to c:omay the -frolll 1m CIUIS c:amrt. l explained. ID Jrlf once this dwmcl ...as reopellCd during OODBltUCtion ofhlll home that it would be Ilia n:ponsibilty to waiutam )he d&akl•ge systmn. dosed :61e omdle with Jelf Jo1mson . ·NOV. 17. 2005 4:07PM KING CO. l'ILRD NO. 612 7 P. 9 l<\NG COUNTY SUP.FACi:. WATEP. MANAGEMENT DIVISION , DRAINAGE INVESTIGATION REPORT C.. Page 1: 1NVEST1GATI0Nr!EQUEST ~AJ Type Cate; ~22, OK'tl'oy: ~ ~tte-No.Ct{,t(' ,e,5& Re<:MivlJd from: (l>lo>S8 i><lnt pJai~ for oc:anningJ, (Day) tEv• l PHONE237-ZC.72 27/-'903':5 NAME: &mm«-lo.111 :Oav2,. ADDRESS: /'Y.?&t /t/(e;?r. ;C(. 5/3. Location of problem, If different City R-t..lvh:rYJ State. __ Zip Cf go 5°! Reported Problem: ,/1.. .. ,e :JY..;/f /'8,!/' :J; Mahj Jhj h ~46'17? Jl~?t-f-tU'¥(. he... ,,(!.u.;,eves aL,t ..fh£. /2v..n.t£13, Jh-t..Y"C- ) ~ c:Jso u · C ~ .. · 0tU,M kl!-.. 611t1-v'~1n7 . h;~. · f~ tM'!tll fu /2-( c> o,.e;; {A)~ mm --!had-du-e dJ f/Y/.,,. VJ ha.::r-- c tvl he.-~ CJ µL}/;1A--1 /~/adinj ~ a f'6 -/& ai.-&_vi tJDaJ ~ w/dUZ-a-YI ;,; " Lor 7 .i~l;.:tJf ;i£1;\r, : : 1 'O : M !" ,J 1-,1~-:.iiij i.!/lif 1.lll/lt Plst nam.: O ~ c;L ~ Lot No: 6 ·· "'i:lf6«*'Ni!l: Other agencies involved: No Field Investigation N1:1eded __ _ {lnldllll arr·· mm::a n 1 .1:mbli:1.flbtlt11¥itifflilllliPUa:t111~1:::m~m• 5 lU 13 2 6 . 5 °W~el No. /lf,' o/ ?5 0 D090 Kroll t:Y 12 W Th.Bro11: New {p57 B31.C: 1fl~"""'r-r1-Old 3<tJF&, · Basin LC/2_ Council Dist 12-Charge No; ?iDA&, RESPONSE: Citizen notified on-~/ 8 /1, by .2!!._. phone _ letter _ In person DISPOSITION: OR: Ne further action recommended because: _ Lead agency has been notified: ---,~~-----.----,-,--=--,-----=-,--,--...,,....,.,..--,,.,..._ __ _ Problem has been ·corrected. _ No problem has been identified. PrlOI" investigation addresses problem; -So Fil•# • _ Pr/Ve.re probtwi -NOAP Will w.){ conGid'w be<>a11se; _ Wat.er originates onelte and/or on neighboring parcel Location Is outs\de SWM Servlr:e Area. _ Other (Speoify) '. DATE CLOSED: ---.:::1::.J. I \cJ ! .!i..J.a. by; fi Date: March 7, 11196 Date Df Inwstlp.tion: M11-n:h Ii, 1996 J'M! .Jdf J'~ RE, Evlllnatkm for ComvJal.nt # 9l'MISS6 Dave Emmerfon 14-301166thPlace SB Rclllon, WA 9805!1 DayJ> 237-2672 EveP 271-903S Mr. Emmerton's properly Is bounded to the .oorth by a f.orcsted g,-c.enway owned by Kiug Counly. This down°'loping, fi:ICem4 piece of pn,pm;y meets Mr. llmmerton's flat. lands=rpecl piea, behind his home. Dmiug Ibis last stmm evem.Mr. Emmertars backyard was under l:"IV0(2) foct otwater. He .,._tually bad to dlawie1 ~ ~ \o thc'lli\ioiuing Jllopelty \Jx:alrl\ u. the t:IISI. at'bis-propen;y. The somp localed iJI the cr,wi 6l)aC# of. !hf house did JIOI have onoup capacil,y to keep up wltb Ifie ilHlowing volumes. Ho !iafS th,:r sump k &till pumping out watet from the house--three wor:ks after the Slann event. The problem ls apparently from grwndwalet seeping 011 to Ibo propony and pomiiug, ~ would Hke to know If the Col1nl;y cauld help him eitheTfinancially or leclmic:ally lo p,event llOY further problems. T ',, ' • i fl/ DI '""®\_ E "'Ill &I( TON ___ ....,T L SE, /'ff" .. St T / •NOV. 17. 2005 4: 09PM KING CO. WLRD NO. 6127 P. 11 ...,,.---------z-------: ""'· 111, -=-·-----~-=-.••c•1 -.•1::ill!!illl'*~ilil!ill•1- DATE: April 6, 1996 TO: FILE FROM: JEFF JACOBSON l\E: ElllGINEERING l!MILUATION FOR COMPLAIN'r NO. 96-05515 CONPLAINT CHRONOI.OGY: ORIGINAL: l"llLP INV• FIELD EVAL: 2/22/915 3/05/96 4/02/96 N/A OU> li'll:.ES: BACXGROtnlDI ~. l!lmlertou' s house waa b11ilt in 1987. The first owner of the house report:el! one drainage prob.Lem had occur,eed durinq til<,u-Qccrupanoy. At that ti.ma th"' "'""""" l.a.•t&l.l."d a. &""'l' 'PUffll?• Thie ownsr said the pi;imp wae· ,u,ed for -that stm:m event and for-no other. Mr. EnlmertOn moved into the ho'Que i.n H92. Until .the 1~95 eto:m event, Mr. Emdlerton uid 110t experio,nce a drainage prol:>llllll. The hou.ee is looated at the end of a cul-de-eao in a s..all single- family sul:>division. 'l'he house site at the toy of tais subdivision. The compla.i.t1.ant' a howw. abw.,. a. King a,,,:mty <>J?Gn ~aoe or tr--filled greenbelt of l!I acres. 'l'his 1.and slopes gently toward the oomplainant'• property and house. During the February 8, 1996 storm event, Mr. l!mmerton • e property had a fe..t of stanuing water in the backyard. 'rhe house crawl eparu!UI rer.ei.ved a couple feet of water as we.l.l, :rhis water appears to be groundwater that bas 'da.yl.ighted' , The build.-up of water in the crawl spaces was worsened by a tell\POl:&rY 111&J.function of the sump pum_p. Mr. Enmterlon .u.nagwd to dJ.ve.,:t ,. majority of the water al.ong an ad:laoent property by oonatruoting a te,ngo:i:-a;e-,/ drainage ditch. There is &. small orselc t.hat rune north-south to the eaut of Kr, Emnl&rton•s property. Tha diverted water eventual]. y anters the creek, F'.DIDDl'GS: Since the problem meet" al.1. of tha NllAF project criteria listed below, it 'l\!Ali.U.em :tor ana has -':caan uivt!Ult'>.gatea undet tj,.e 'M>Ai' program.. • ~e p:i:oblem site i• within the SWll eervice area 11nd does not involvta a King county C:KC) coda violation. • :rhe l,)rOblem si.te showa svidanoQ of or reported loel!lli11ed flooding, erosion and/or·sediJnentation within the off road drainage ayatam on private residential and/or commercial. property due to l.ater uj?S"e"'" d....,eloptllliUlt. • The pro~lem is caused by surface water from more than one adjoining proper'Cy. sou.s, Aaoording to ~he KC soil~ map, the site is ioeated in the fallowing sai.1. aaaociation: 1 •• NOV. 17. 2005 4:09PM KING CO. WLRD NO. 6127 P. 12 , 2 Ii i -n· 71 t il!ll I 1111 111s11t- ALDmlliOQtl ASJWCDCION, ¥oderat:el.y well drainlild undulati.ng-to hill.y aoi.le Uia.t have denee, YerY fSlowl.y permeable glacial. till at a depth of 20 to 40 incbee, -upl11.11da and te:racea. OP'l!lOIIS 1iJID l)XIWUBBXQJI A frenoh drain conveyance ayt:eai conatructed •ithal:' behind the landaoaped l."""1-af the oot11Pl.trlnant or along the f;oundat1.on of; the hou11e woul.d help alleviate the a.verity o£ tha .hac,lcyud pond:l..ng .and cr•wl .-pace infiltration problem.a. The eyat11111•a outlet co,,ld btl directed to the east where ai, exiDting creek riuia. Additionally to avoid. ,sump PIJllllll bru.kdowiw. and '9(1Ba.i.l,ie po,,11>1: :fail.urea that -asperate crawl spac:e floadi.ng pi:obl-a bore bole oould be drilled in tba house• a :foundation with a -conveyance line outletting-to ti,,,. fi:cmc. 1a-1>f tw pi:c,perty. PROPOSISD S~lOJJt The a:foreinentione<t option a~ to be the best solution. The solution iii '"' ralat.i:ve lri.ra.ight-flll:Wai:ci one; bowever, it will involve tha ,iae O:f some heavy aq,;.l-pmenr. eucb. aa a. baekh<M,. Thi.a solution coupled wi.tli the creation of a gravity conveyanoe outlet. :for the crawl apace• will help mi.ni.mi.ae any potential drainage related damage from re-ooourri.ng. 2 JEC. 7. 2006 8:41AM KING CO. WLRD NO. 2404 P. 5/14 - King County Water And Land Resources Division Drainage Investigation Report Page 1: Investigation Request Problem:..1cpoo=d:..__~---- TYPE:FCR RECE!VED BY , mel Date: ll-3-97 Ok'd by: drh File Number: 97-1493 Received From: Name: JOHN SWENSON Address: 16426 SE 14s111 ST LocatlOJJ of Pro~lem, if different: Phone: Day 228-5709 City: RENTON CALL FIRST D (WOUJ.l>l,II<ln'OB<l'IWEl'tl Phone: Evening------- State: WA Zip: 98059 Reported Problem: SPOKE WITH DA ve HANCOCK IN THE FIELD TlllS UST SUMMER. DA VE SAID TO CAl.L IF THERE WERE ANY PROBU!:MS, THE R/1) POND HAS NO OU'llET AND WATER SITS FOR DAYS WITHOUT MOVING. THE POND USED TO DRAIN_WHEN THE BOTTOM WAS COVERED WITH ROCKS. NOW THAT GRASS HAS BEEN PUNTED, THE WAT.l!R DOESN'T DRAIN. HE ALSO FEELS THAT THE POND ISN'T DEEP ENOUGH AND NEEDS TO BE DUG OUT. ENGINEER NOTE: INFILTRATION POND, CHECK MAINTENANCE HISTORY, WHO PLANTED THE GRASS.. AND JS IrTIME TO CLEAN THE POND. FROM DAVE HANCOCK Sr::reening notes: Larry Gettle said to close file as no problem identified. Facility is fa:nctioning properly. Larry suggested calling Mr. Swenson and have him keep track of the stonn events and how long the pond takes to infiltrate. PLATNAME:BRIARWOODSN03 OTHER AGENCIES lNVOL VED: LOTNO: 51-54 BLOCK NO: PAST COMPLAINTS: 14 NW S 24 T23 R 5 Parcel N1.1mber; 10813005!0 Basin: LCR Council District 12 Charge Number: ------- NO FIELD INVESTIGATION REQUlRED __ _ Kroll 817W ThomasBros: New 65IB4 Old 42Fl -------,,ooouou, ••• ···••••··••••••••oou•••n ••••••., •,, •······•., uo, •, • o o o o, ••••••u••• • ••••• ••••,,, •••• ,,.,o•••• •• o•• • ••• • ••• •••·····• • •• •••···•••,,••••no•••··••• o" •····· ··•••• • • --• • • • • •• ••••' Response: Citizen notified on//-lt-jr By: __ Phone_Letter_In person_ I called toverifywhati;,ondswenson wasfalkingabout on 11-12-97 l.-e.C.+ 1.v--e~ (...~0-Q.:1.r,,__~~ Duposition: Tumed to On __ / __ /__ By OR: No further action recoJumended becau.,o: _ Lead agency bas been notified; ~ Problem has been corrected . ..:J;.__~-N-o-pr-o-bl-em_has_b_e_en-id_en_ti_' fi-e-d-. _-Prior investigation addresses problem: See file# _ Private Problem -NDAP will not ctmsider because: _ Water originates onsite and/or on neighboring parcel. . _ Location is outside WLRD Service Area. -~0th (Specify): DATE CLOSED: IJ / / ,S 1....lZ BY: --,-fH---------, Pdf?.etJS Jii?A 77 DEC. 7. 2006 8:41AM KING CO. WLRD ~--M- King County Department of Natural Resources Water and Land Resources Division Local Drainage Services Unit Basro. LCR Council Dist. 12 Initials DCD Investigation Date: 11-10-97 Parcel #1081300510 '··---· . Name: JOHN SWENSON Address: 16426 SE 145m ST City RENTON State WA Phone: Day 228-S709 Ph<me: Eveiring Zip98059 Maintenance Div. 4 NO. 2404 P. 6/14 Received 11-3-97 Assigned Date 11-10-97 Report Date 11·12-91 Thomas B=. 651B4 SIB. 24-23-5 Facility #D91941 Plat Name: BRIARWOOD 4 I called Mr. Swenson to find out ,vhichl)'ond he is ralkingobout I ll9SUl!wlglhat it is D91941 sinCC it is the only one in his neighborhood arul 1bat is the onelhat his dminoge goes to_ Baok in 1993 the pond was overilaulcd. H= is Ille list ofirems compictcd. W03 REPAIR CONTROL !mJCTURE W07 IU!PA1RACCB$S ROAD W! 1 CLEAN POND Wl2 REMOVE TRASH AND DEBIUS WIS CLEANOUX' CB'S 4 BASINS TOTAL Wl6 MAlNTENANCE OF A DtrCH 30 LF W!B VEGETATION CONTROL W22REPAl1tl!NBRGYDISlPATOR W24 INSTALL SIGNS NO DUMPING AND SWM SIGN. WORK WAS CO}.JfPLEm,0 ON 4-6-93 SIG'NED OFF BY G.P. TB.ACY J-11" UPON INSPECTION THE POND DIDN'TNBED TO BE CLEANEP OUT. I COUW NOT LOCATE A OUTLET SO I AM ASS()MJNG THAT . nus POND IS AINFIL TRATION POND. This complaint came in airer the october 291.b and 30th storms. The day of investigation the pond was empt;y_ I will ser= witn L"")' to ckhOrmine what will be done. I talked to John Swenson and lhis is the pond he was tslkmg about During larger ' storms the system floods tho intttsection of 14sth and 164th. John would like to see tile pond dog out about a fool. Toe pond doesn't appear iD need of this work. The infiltration rates are lower because oftbe rains the pest two years. I OJ<plained this to John but I said I would fmd out mare information and call him baok. - • I ' I 1:ircsw, .. LOT9 LOT 10 LOTll --30' DRAINAGE F.SMT -- TRACT A CBl y• Received from; NAME'. LDR;eNE J.!.M.A$~h ADDREss· tM::'i 4-t(gu 1h P! &E: Location of problem, if different: (Day) (42{?) PHoNB '2--'t--5-Cfff{r City: ff N [DI\! Japomrd Pro/Jlem: CAU FJRS1" 0 (Wouid Like To Be Present) P1«J.4,l · ..x~ ().;#mC{'ILd ~!U,n'L-ji ~-;&?;,3. Plat name: ~ fd.4' fe;. Other agencl$ lnvolve.d: l'? ~"=> LotNo: '2-- P. 13 (E~> { ) Block No: S T R Parcel No. -i [Q.q 0-"jo~ 0Cl2.0KronZI 2.J;•1 Th.Bros; New( 61 63 Old i!:,P:;;, Pct BwL-Q'.-. Council District~ Charge No .. ______ _ REsPONSE: Citize1l notified on -----by: _ plv:me __ letter _ in person D1SP0sm0N: Turned to_ on I by_ OR: No further action recommended because: _ Lead agency has been notified: _______________ ~----- -· _ Probkm has been corrected. ~ No problem has been idazltified. _ Prior invemgati.oo addrcs~es problem: __ Pri'VBte prohlein -NDAP will not consider because: Sv.'.Fn.E# --- __ Water originates onsite and/or on neigh.boring parcel __ Location is outside WI.RD Service Area. _. _Other (Specify): DATE CI.OSED: · _ __._I_...,__ By: __ _ ' ,. ' ·, Lc;,tNo: / . :Sfock No:3' I ' ':,_ ' ' ; ' ' I ' I Complaint No. 00 -0322 fu.vestigated by; Virgil Pacampara Date: May 16, 0000 DETAILS OF INVESTIGATION: I met w/!h Mr. Craig . Geller (rllsident) at 2:30 PM regarding a _water quality complaint. He infonned me ilia\ be l:ias no ul.oa where the pipe has origlnaled, ire source of flow and l!Qtice the cliso~e two months ago. He bem living in that holl<Je for seven months only. Thi, subject. of rompla.u;ts a 6" dia., ooite. col=,d PVC pipe discl:t4rging llll O!'IIII&"' colored liquicl. The exposed end-part (out full) of pipe line is looated at side ditch. of lll01:h Ave. SE. "WT""· 4(1 feet North :from the SW comer of 1he property. Using the end of pipe as reference point (refer. to photo /J J ,2, 3). Jt seems it was been laid latere.Jly at an angle towards the house in nol1h~9.$1erly direction and buried in varying depth of I' to 2' :fuet. At time of visit, I took a water sample :from out :filll (end of pipe). It is discharging· clear/ colorle.ss liquid (rofer to phoro ii 5,6). Nof.ed a OOIIStant flow of dlsc~ in the wholo ronati.on of visit. Stained area is l1ill w.ible(tefer'lopho!.0#4,5,7). No trace of recentbll<ikfill/ excaVlltiOll!l along the probable route Df PVC pipe d<re to presence of 'dehfi• and yard waste scatrered all over the property. Notice the south side· of the small ~·, a stock ;,tte of used I ""1Ullllltf. of varying size of PVC pipe including an identiC1!l size and color of pipe mentioned in the complaint (he ii;lformed me th.at it was mirtorials use at bis other work as a plumber). Checked water meter for posaible leak in water supply of w house, (noted water meter gage is not l"l.lnlll:ng <iespite a constant discharge of liquid/ -in out fall). He ac!ded that a septic tank i$ •erving his aewerage syatem and a -drain field loc.ated at back:r,.rd. 'The roof ,l,;,v;ru;J>l)Ut is :oot connected to llllY storm llrain pipe, will create a .surtilce' run off in tbe lll'U (refer ro photo #8). WJltet s=ple t'iken from the pipe n:1-e,us Cat<ogary #4; variety o( irOll·related bacteria and Category #5; lrou •related bacteria plus anaerohic & aorohi.c ,J.im<,,. furmingbooteri~ · · 8E "II $G TH e"'i" 1 1 • dG~ ~l ~-,r:0-~TJS--~1 ! ! #JWW / #1601 ( #16021 I · Property line f i\1 I I l I /ir----------1 I I ,11 ---I L----..r-,~=,,/;;:=:-1 !.-----'-1 #13612 ( Drain field I Water meter Old tmiler di~h area Old g2tage / ~=====-I ~-.__i I Stock pile ofpipos (used / remrumts) I '---.__ _____ _J I I -----· _______ ;:::.="" _ _..) Property~ DEC. 7. 2006 8:42AM ·=KING CO. WLRD· NO. 2404 P. 7/14 vrp KING C<fflN ii WATER MID LAND Rl:SOOR:aSDMSION DRAINAGE INVESTIGATION REPORT PROBLBM: . 11/o (3 ~STIGATioNREQUEST . Type £Cf? REcE!VED BY:. cw Date: r1.df h.? OK'd by~ILENO. cic> -e'1b~ . I l . Received from: ,/~I::' f'1 L ~ fl . (Day) (7,,<v > (Eve) ,_{ _ _,) NAME: ";i2;t2f1Jl/1Lot.Rt,(2,{JI)? PHONE p{,z.8'-5709 ADDREssf'lii'Y.;?4 ,5/i !"!5tz:> .C2f: City ~ State. __ Zip '?/'{)Sf LoCA TION OF PROBLEM, IF DIFFERENT: /(t,3 yy (; (pc};) 5) rSt:. 115 (±; S-f' /7lP-Y Plat name: /) 9 IC/,<// ~ Sbat'.h # I/ (7}; fl Lot No: Block No: Other agencies involved: No field investigation r;;;;eq~ui~red==~= ~p':t1';;~v&i8\ill.illl ,;, Yi. ~ ~ ·;_ Parce1No. /'7c:?l3/C}3c10 Kroll!/~.£ Th.Bros; New0V7 /jJ/ ' Basin /..£/? Council District };b_ Charge No .. ______ _ REsPONse, Citizen notified on I 0/ 12>100 by: ./ phone __ letter _ in person - tm q.~ 'ti) fl\j -~.w/!Pf'=~~~ Slt'c,:~Sdt-,1 ~~ .:!i>~IN( Af:-,.lp~~ WJ°'IU... ~ '-/f~1"',:i~f:.6.A,pS Pe,f'f. ~ 1'5Ct-1,-.J1~ l.. ~µeefl11,J9 JU!'i!vio(u. DISPOSITION: Turned to_ on / by_ OR: No further action ~commended because: ...)f;.. Lead agency has been notified: J<,o.A-l:> ·S ~ ,.,,jr. ~\ ..f 4 _ Problem has been corrected. _ No problem has been identified. _ Prior investigation addresses problem: $EEF'XLE # --- _ Private problem -NDAP will not consider because: __ Water originates onsite and/or on neighboring parcel. 'Location is outside W~e Area. DATE CLOSED: S1 J £.ro Z., By: ~e.t).5 _ _,Other (Specify): Type-2, CB Lot-10 House Complaint No. 00-0666 Investigated by: Virgil Pacampara DETAILS OF INVESTIGATION Nan,.e: John Swenson Date: October 04, 2000 I went to tho.residence of Mr. Jolm Swenson, on I'0/04/00 ut 3:30 PM, he's not home so I went to tbe pond (D91941, Briarwood South #4 Tract A) and started my assessment of the complaint. The complaint was I) "That the KC maintenance crew .-,,cently put in trash racks (again) on outfall to pond, without racks on inlet (to catch debris) the trash racks will cause pond to overflow. Eith~r do both or none at air. 2) "That evi:ry winter pond overflows into the intersection of 164 PL. SE. & SE 145°' ST, and then water flows onto bis property''. 3) "That there is no pond Identification sign at the site". It was a S\lillly weather at time of the inspection and oould not determine the flooding problem. but did some inspection at the pond and find the newly installed trash racks at outfalls from CB-4. I checked all the inlets that lea.I to CB-4 and took note of the sediment level. I inspected and noted the physical condition of the ditch, cross culverts, catch basins at the intersection of 146 PL. SE. and SE 145TB ST. The terrain indicates a converging point at tho intersection of 146"' PL.SE. &; 145th ST. with a gradual slcpe towards the location of CB-4 and seoro.s to be the lowest section of the road. I notice the following: that there is no sign. indicating name of the facility. There is a pile of woods on access road leading to pond (next to the rear fence of Lot-I 0). The pond gate's chain link section needs .-,,pair. Provide erosion control at the 2 -12" rµ diameter outfull from CB-4. The sediment including dirt' gravel from cross culverts, catch basins/ iulets should be remove and dispose-off including debris in ditch(es). Sediment level in catch basins/ inlets are the s81l)e level with conveyance pipe sediment. I was able to spoke with Mr Swenson !brough telephone the following day (10/05/00). His suggestion is to install trru!h racks in all inlet pipes leading IO CB-4 so that debris will not enter and clog the drainage pipe which may cause pond to overflow. I talked to the former owner of Lot-I I/ #16225 who happened to be visiting an old friends in the house and told tne that'' tbe intersection wa• always flooded" and did not experience any drainage problem at bis old property 12" dia. pip• © , a r ! \ DNTS Lot Lot-3 I SWSNSON I HOlfBt-12 House ,[;] House l' House 6" I 18" SE 1411 TH · ST. s 10"/18'' iiw ,-~~ [ House I 2' deep x 10' wide ' Pond tE':".cB D91!14!~~-4 Briarwood So.4 8:42AM KING CO. WLRD llf 13 St. I r.J.5 c, ';) \ r1 ,.__, [£~ MOW '1 l '-' 'ST. NO. 2404 P. 9/14 :o ~ '5") • ~ ~ c,._ { ,,,,, 11.T.S ,., ..... ~ .. .(.6, ~>;,J,_.,' 8:42AM KING CO. WLRD To: Tony Ledbetter Supervillor, DiViBion Four Field Maintenance Unit Mail stop RSD-TR-0100 NO. 2404 P. 10/14 From: Larry Gettlo, Senior Engineer Water and Land Resources DiVlsion Drainage Services Section Mail Stop G22 \~', ,.,.\', ," ':~.r~~T=1;~,~ [ ~,".:' ;:r.-~ :\; ' \ '1 :·0·:p~~; /II • ~ >' I' ,;,/ ::"~~-. -~,£ ~:/,,., ,',, ' ~p~~~\<'\ ;:\~:., ~ ~"7 /" \~/\'.):;,1.{,~,~; \ I ' ', •) • ··~/~1;_.(;;;..)r ••· ,,1i:1· J,'i~'..~·_..,,..+,.<>,..1~.·I.,..1,"¥,.'~\·v·1I~J.:.:;;.J,l'>;J.;\rni1,:;1~rt· ~!('· iJ).(.Jt,':iJ'·l~: .. i, .. i.~ •. H·' iJ,'J).~J--.,Jcu,.,;i~;~ •. ;~..,,·~1 .... , • i MESSAGE; DATE: 10/ 16 / 00 During this investigl!tion Mrs. Swenson indicated that 1) The KC Maintenance crew installed recently a trash racks at the outfall from catch basin (CB)-4 to poud (091941, Briarwood Solllh #4 Tract A). That he suggested to put trash rack also to other inlets leading to CB-4, without racks on inlet (to catch debris) the trash rack will cause pond to overflow. Either do both or none at all he said. 2) That every winter during a heavy rainfall the pond overflows into the intersection of 164 PL. SE. & SE 145tli ST. then water flows to his property. 3) That there is no pond identification sign at the site. At this point we will be forwarding Mr. Swenson's request for your Technical Review including identification of flooding problem in the oroa. Please see attached copy of tlte above referenced complaint report for your information and action as yon may deem appropriate. Our fUe is closed. lfyou have ony questions feel free to call me at 296-8326. ,~,. SIGNED REPLY: DATE SIGNED __ NOV. 17. 2005 4: 14PM KING CO. WLRD NO. 6127 P. 16;:,, KllSG Coom WATER .AND LM@ .ltEsOURCES DlVISCON \J l f - DRAINAGE .INvESTIGATION REPORT ~Jc?/'. ,J , , I IN\l~Ohno1' R.BQUES't · · Type ~ PROBLEM' ~d}{)fi~ / ., L -RE~=:.;dib Date; ~W/oK'dbv: ~ Fn,sNo. 2001 ~ &>34"/ Received from: / ./ n-t (b/)/7) & · · · -~~l'fi ffeve}-f; ----)-~ /9!£}5/;4 ::.~~::z-"'@7$" LOCATION Of PROBLEM, ll' DIFFERENT: Platnanu:: Lot No: Block No: ........ ..__ -.2 ...5..... V4 S T R Pi1l'fflNo.Mf625':0QQ~ ~'$({ Th.Bros_: New hSJ(JJ Ba&i~ Council District /il._ Charge No .. ________ _ REsPONSE: Citizen notified on af'1/C,f by: ./' phone ~ lotter __ fn person \Prr,e.,w,p,J~.A Ma6<e ~~·;tie u->lc. ~lb~ ~Ao-s, .M4 t ~t-l o.xi.ce tnlt{J-0 P~""1 ~tc.., i~ VYPtc,q.<_.""RI w~ DISPOSITION: Tumed to_ on _....___.__ by_ OR: No further action recommended because: _ Lell'Cf agency has been notifiod:..-=-------...,.,,..------------- -Problem bu been cortected. ;t;..-No problem b.u beetl. ldentified. _ Prior invostitr,ation eddresses problem: SEi: FILE# --- -Prwute prob!= -NDAP will not consider becanse: · Water oris]nates onsi~ neighborinJ parcel. DATE CLOSED: ' I t,.Z, 10( By: -~Other (Specify): /,. I n /J 1!.JJ{j * • .,.~NOV 17. 2005 4: 15PM KING CO. WLRD. Complaint No.: 2001--0334 Investigated by, YllJlil Pacamp11ra DETAJLED OF INVESTIGATION N=<e: l..an Bowen. Dam 5/ 301 01 I went to the residence of Mn. Jean Bowen on 5/J0/01 at7:45AM. She directed ttie to the no:xt neighbor_ I pIOceeded to the sit.e of the CQ!lljllaint and did an investigation. Mts. Bowen wants to know if the next ncighbor's pipe that outlets water to the dltnldram flle house ha., an froU oxide. I took a phorograph of the ci\ltlct and walked e.round 1!,c iu-er.. llo bOO)l W1!S htJm& durint: the mvostige.uon. The hOWJe seems to be being zenovated, con.<tme!lon .debris = scan.:red all awund t!i<, viclruty_ I could not acces, the whole prop,rrty because no body wu hOIIle. The oomplaiat was the SEl!IIO that I investipted last year. Refer to complaitlt No. 2000-0322 (Platt). REFER TO COMPLAINT NO. 2000-0322 -NOV. 22. 2006 8: 32AM KING CO. WLRD NO. 2216 KING COUNTY WATER AND LAND REsOURCES DIVISION DRAINAGE INvESTIGATION REPORT .J_ ~STIGATION REQUEST Type Fc/L PROBLEM:~~ R;BCEiVEDBY:t)ute..-~ Date; #-x/('))..,.oK'dby: ~No. 2002-6570 Received from: • (Day) ,_( _ _.) (Eve) ~C _....,,) NAME: g'11/J, ~p, « PHONE __ _ Aonru:ss: U /(f:, Mep.~·tu!) l..)~ut? CitY. state. __ Zip __ _ LoCATION OF PROBLEM, IF DIFFBRllNT; 1 6 71 J. . 5 e . 1 t1 ?I f-"' s , Access Permission Granted D Coll First (Would Like To Be Present) D Platname: ~ ~ 0'10'&3 d-LotNo: Other encies involved: Block No: uired RDP Basef {JL Council District_,,_,__ City ___ Charge No. ______ _ REsPoNSI!, Citizen notified on ______ by: __ phone __ letter __ in person DISPOSmoN: Turned to on / / by __ OR: No further action recommended because: 1._ Lead agency has been notified: J? u ~ $ (/VUh..JT ,-51=~ f..+ "-0 (-> 5 -· _ Problem has been corrected. _ No probletn has been identified. __ Prior investigation addresses problem: SEE FILE# __ _ _ Private problem -NDAP will not consider bllC&use: Water originates onsi~eiy)iboring psrcel. __ Other (Specify): DATE CWSED: g" / / 3 fJ 2-By: Will# W 1 o3-, 1 8:32AM ... NOV. 2t__2006 --·•.:••• \'High-:Pri'C:il'"i~,o A.tenance Division: 4 Tha .. s Bru5 llap: 657 C3 VA • Wi 0871. F•dlity s: 090832 Ty",;;, POPd Serena Part Street Address: 16712 SE 144th St Dire~tions: FROM SE l.28TH ST, TAKE 156TH AVE SE. GO SOUTH. TURN LEFT ONTO SE 144TH ST. POND IS ON THE LEFT AT THE DRIVEWAY ENTRANCE TO HOUSE tt 16712. PONO IS ALSO ACROSS THE STREET FROM THE IN-TERSECTION OF SE 144TH ST AND 167TH PL SE. Checked un &/111/02 by Candi T McKay Special Equip1ent: VLBD Nates/CD11ent,: Radio t: NIA Pull, ba9, and re1a,e noxious weedi (Tansy ra~wortl fro1 stor••ater facility. loads Div. Notes: ·a-Unit '.ode Type t Units Work Requ,,ted. work Authorized: Charge ta froject J: D90632 Fisharies: N Date Actual Naterial Material Co1pleted Units Init Placed E~cavated Work Completed: Date=~~~~~- l'fag:a1 V!!l'•lon, february 22 1 1993 .. ,.' . " f· .t ' . :, , .• fA NOV.22.2006 8:32AM KING CO. WLRD NO. 2216 P. 4 ' , (Ev,:,) ._( _ __.) A,wess Pernwsl,on <Jr1111ted D Call &t (Would Like To Be Present) D f\lf. &OPl ' . Plat name: Lot No: Block No: ~es involved: · ~:r1~~ ... ~ . ~ S T R Parce1No./3,'J--3r.:£16J<l Kron'$/d:M Th.Bros: New hS7 .~ RDP Basin, lfJ-: Council District W City ___ Charge No •. ______ _ JlEsPoNSE: Citi=i notified on ------by: _ phooe __ letter __ in person DISPOSITION: Turned ti.,_ .. on / / by __ OR: No further action recommended because: _ Lead 11,gency has been notified:~--------------,c:--:----------------,,-;-- -Problem has been corrected. _ No problem has been identified. ..:___ Prior investigation addresses problmn: SEEFILE # ---'-- _. _ Private problem -NDAP will not consider because: __ Water originates onsite and/or on neighboringpan:el. __ Other (Spe,cify): DAT.IC CLOSED: _ _._ _ _,.! __ By: __ _ ~C. 7.2006 8:42AM KING CO. WLRD N0.2404 ~tl'V -KINGCOUNTYWATERANDLANDRESOURCESDMSION P. 11/14-- .zAfhtaf: DRAINAGE INVESTIGATION REPORT <'. ,!, ~ f _ ,f INVESTIGATION REQUEST PROBLEM: (J.//f/P/1.flfL REcENEDBY: 00' Da1:e:f7)# OK'dby: Tl e,(t 1Fn.ENo. 2004 -(p07 Received from: -i /)/_ Afr-' 6]_.., (7. _/• (DaY.) ~ · (Eve) (/A/) NAME: . ~) OC(}/)lfLJJ7/j PHONE 2f}i.[-d,@37 ~-3737 ADDREss: I & 2dc7 < $"'I; /1('j ffe SI Cit)'. ~ State Zip ftf"Orfj LOCATJON OF PROBLEM, IF DIFFERENT: Platnai;;ne: ~9/f~I 13~ .s rt-r LotNo: (/ Block No: ~ ,J3 ___!23_ _s__ ·•· Y-i S T R Parcel No. /0 zl / ;}/ 0 I/ tJ Kroll f/h £ Th.Bros: New 6 f5 7 tJ .If RDP Basin L CR Council District /,} City ___ Charge No .. ______ _ RliSPON'SE; Citizen notified on 8 ~ J.. ""1.. by: _ phone __ letter ~ in person f'ffl.J.,, . .._ i, "'lo ih.r<. So,,..~!..."'-<> "'I{,,-,.--.. O.ff&~·•..i,. .i.<> hE o..~.J.._ D~""'ee.'.. ~ ~,1-~ .._ "'-"'v--'4' f__._ l-t.> ~ .._, -1-e-. ~ t.. Jo ....., .,~ f4 Dra.. "Y2-::.'I) 1,....... , DlSPOSIDON: . Turned to on _ __,_/ _ _,_I_ by_ OR: No further action recommended be<.\ause: _ Lead agency has been notified:-----,,,: · · · _ Problem has been corrected. _Z No problem has been identified. _ Prior investigation addresses problem: _ Private problem -NDAP will not consider because: SEE FILE# __ _ __ Water originates onsite and/or on neighboring parcel. DATE CLOSED: s 1311 Of By: "(L __ Other (Specify): No Pfl.Ot,tt;.,i lr:.lflJ T',: r li.D DEC 7 2 0 0 6 8 · 4 3A11vt..,...-;K~l:!.:NG:..C~O;.. . .;.W:.:,:L R;..D ~-·--lilllfiililil/;IIM .. illo··;;).: t:i:!·:''~',f.s,i''r.--';1\' · '. :. :~g. 210 ~t\/: ~;,, J?{! 1.!.1/~f~ ......._ . . . _ _; . ,, . c-.;., . ,,,,,_,,&,· '· · !· .. ti! ®~ 2004..0607 .... . FILE NO. KING COUNTY NAME Donna Scardino DepartmentofNatura.!Reoouroes ADDRESS 16225 SE 145 St. Water and Land Regource Division 425 226 3737 657 84 PHONE --816 E TB PAGE 8 7 0 DRAINAGE INVESTIGATION REPORT FIELD INVESTIGATION KROLLPAGE 4 DATE -Z -4 MAJNT. DIVISION INITIALS. ms DETAILS OFINVltSTIGATION, I visited the site 011 8-27-()4. At the time of my visit I meet with D01111a Scardino. Mrs. Scardino is concerened about a small depression next to her home. She thought that maybe it was related to the drainage system in the easement next to her home. I checked the CB in the easement 11ext to her home and the next one down stream in the ROW and could see no signs of a pipe separation. The drainage pipes are 20' from the small depression next to her house. I told her I felt like the depression was a natural occurrence as J could find nothing to indicate otherwise. I explained this sometimes happens if there is a log or a stump in the area covered with soil during development and then It rots out and the soil settles. SKETCH: SE 145"' St. I I I ·, 1 ,-~----------! · j 30~ Drainage Easement . ·-·~·---·-·-·-·--L·-----·-·-·-------·--~·-------·-·---_,J f· -·-·-·-·-·-.·-·-. -. I I I I I I I I I I I NTS :!! en m Appendix A.2 Photos of the Site and Downstream System Threadgill Plat-November 2005 Appendix A.2: Photos of the Site and Downstream System .,, Photo Number 1 '( Photo Number 2 Date of Photo: 11-16-05 Date of Photo: 11-16-05 Location: Southwest portion of site looking east. Location: North portion of site looking south. Location 5 in Figure 4. Location 2 in Fim"e 4, Description: The site includes forested areas and a single Description: The project site has a single-family residence family residence. including a shoo as shown in this ohoto. Appendix A.2: Photos of the Site and Downstream System T Photo Number 3 T Photo Number 4 Date of Photo: 11-16-05 Date of Photo: 11-16-05 Location: Location 13 in Figure 4, looking south. Location: Location 14 in Fi2ure 4, lookim:, south. Description: The drainage course follows a grass-lined Description: In some reaches the flow path becomes less swale prior to entering a forested area. distinct. The reach in this photo is well- defined in an area that has had off-road vehicle traffic. Appendix A.2; Photos of the Site and Downstream System T Photo Number 5 Date of Photo: Location: Description: --'ltf~ Ill ,., .. ~-.. , ,.., .. "' --·· • ~e'--.• ~ ,,,-·,i. •. .. . -, .... ,#.-.. • ... - ~~ --~ ' ..... 11-16-05 Location 26 in Figure 4, looking north. Thel2-inch pipe system from SE 135'" Street discharges to a rock pad and then flows to a shallow channel. I,.':: • ~· I !E ~··~n 4-' -. -.~ .. ':, ; .;~ : "'#:.: ' . . ti:[:~' ' : :· ' .:: ' .,,.,,. ; ::-. ·. ~-! . -··· -.~~~)t{·.'_'·' < ,,-~;v.:; ~ C,ll'Y,°' .4-f! i· '. ; > .···::-.;--~ _-:_:,,...;_.-,'~f _,.,-,. -~ ,,.•~'._ -_ ... <,•-i')t!!:i,• /;:t.t -.. ~~' ,,,,,., J,... ' II ,..,-,:-~ . ~ , , .... :.~_ "".:'--•;;,), t-.. '3 .· ~:..~· '• -i~ ~ ,:v • '.' ... ~. ', . ,. .. ,,~.,.. ~-· <" ."• .. . • :_ ,.-' • /•-'~. c C .--, ~-·""" ··~'/ctff,.-~·;,f/,;1;'':,,· .c;,~~~j;;,, .. ·~i~...;;.,;_\.. · ::~ .. ll> -.>:.; ',..<'¢'~':! , ···"'ii .. ~. ;' . /fe ·.c·"""'' .., .... -~~ ,: . .-"<"": .. '\~--~-~-~--~(\JIit·.?~--:'·,,~41f'i:~.7./" -•,:. _.,..__ ": ... _ ~-<t.;-• ....... ~ ,,{(,t ~ -2~r.; · . <' ~~ >, .,., ;~~~'iii~ "')-A ""'' ,(;;:,:-~-• ~ .. T Photo Number 6 Date of Photo: 11-16-05 Location: Location 28 in Figure 4, looking south. Description: The flow path joins in with a larger channel that enters from the east, prior to entering the school nronertv. Appendix B. Overflow Conveyance Analysis for the East Pond Appendix B.1 KCRTS Output for Pond Overflow Flow Rate Appendix B.2 Manning's Calculations for Alternative Downstream Improvements Threadgill Plat-Novemher 2005 Appendix B.1 KCRTS Output for Pond Overflow Flow Rate KCRTS Command CREATE a new Time Series Production of Runoff Time Series Project Location : Sea-Tac Computing Series devlS.tsf Regional Scale Factor: 1.00 Data Type : Reduced Creating 15-minute Time Series File Till Grass Wetland Impervious Loading Time Series File:C:\KC SWDM\KC DATA\STTG15R.rnf 0.79 acres Loading Time Series File:C:\KC SWDM\KC DATA\STWL15R.rnf 0.25 acres Loading Time Series File:C:\KC SWDM\KC DATA\STEI15R.rnf 1.46 acres Total Area 2.50 acres Peak Discharge: 2.14 CFS at 6:30 on Jan 9 in Year 8 Storing Time Series File:dev15.tsf Time Series Computed KCRTS Command Enter the Analysis TOOLS Module Analysis Tools Corrunand Compute PEAKS and Flow Frequencies Loading Stage/Discharge curve:dev15.tsf Flow Frequency Analysis Time Series File:dev15.tsf Project Location:Sea-Tac Frequencies & Peaks saved to File:devlS.pks Analysis Tools Command Compute Flow DURATION and Exceedence Loading Time Series File:dev15.tsf Computing Interval Locations Computing Flow Durations Durations & Exceedence Probabilities to File:devl5.dur Threadgill Plat-November 2005 Analysis Tools Command RETURN to Previous Menu KCRTS Command eXit KCRTS Program Flow Frequency Analysis Time Series File: devl5. tsf Project Location:Sea-Tac ---Annual Peak Flow Rates--------Flow Frequency Analysis------- Flow Rate Rank Time of Peak -Peaks Rank Return Prob (CFS) (CFS) Period 0. 696 6 8/27 /01 18:00 2 .14 1 100.00 0.990 0.494 8 1/05/02 15:00 1. 49 2 25.00 0. 960 1. 49 2 12/08/02 17:15 0. 969 3 10.00 0.900 0.560 7 8/23/04 14: 30 0.843 4 5. 00 0.800 0.843 4 11/17 /04 5: 00 0.829 5 3.00 0.667 0.829 5 10/27 /05 10:45 0. 696 6 2.00 0.500 0. 969 3 10/25/06 22: 45 0.560 7 1. 30 0.231 2 .14 1 1/09/08 6:30 0.494 8 1.10 0.091 Computed Peaks 1. 92 50.00 0.980 Threadgill Plat-November 2005 Appendix B.2 Manning's Calculations for Alternative Downstream Improvements Threadgill Plat-November 2005 Cross Section Cross Section for Circular Channel Project Description Project File Worksheet Flow Element Method Solve For Section Data c:\program files\haestadlfmwlthreadgi.fm2 East Pond Overflow Conveyance Circular Channel Manning's Formula Discharge Mannings Coefficient Channel Slope Depth 0.012 0.060000 ft/ft 1.00 ft Diameter Discharge 12.00 9.45 in els 1.00 ft 12.00 in ~~ H 1 NTS 12/05/06 07:20:33 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster v5.13 Page 1 of 1 Project Description Project File Worksheet Flow Element Method Solve For Constant Data Table Rating Table for Circular Channel c:\program files\haestad\fmwlthreadgi.fm2 East Pond Overflow Conveyance Circular Channel Manning's Formula Discharge Mannings Coefficient Depth 0.012 1.00 ft 12.00 in Diameter In ut Data Channel Sloee Ratin9 Table 12/05/06 07:21 :34 PM Channel Slope (ft/ft) 0.030000 0.040000 0.050000 0.060000 0.070000 0.080000 0.090000 0.100000 Minimum Maximum Increment 0.030000 0.100000 0.010000 ft/ft Discharge Velocity (els) (ft/s) 6.68 8.51 7.72 9.83 8.63 10.99 9.45 12.04 10.21 13.00 10.92 13.90 11.58 14.74 12.20 15.54 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster v5.13 Page 1 of 1 Cross Section Cross Section for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method c:\program files\haestad\fmw\threadgi.fm2 Downstream of East Pond Trapezoidal Channel Manning's Formula Solve For Discharge Section Data Mannings Coefficient Channel Slope Depth Left Side Slope Right Side Slope Bottom Width Discharge 0.035 0.060000 ft/ft 1.00 ft 2.000000 H : V 2.000000 H : V 1.00 ft 20.90 cfs '"' I. 1.00 ft .I 12/05/06 07:16:07 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 ~ b,. H 1 NTS FlowMaster v5.13 Page 1 of 1 Project Description Project File Worksheet Flow Element Method Solve For Constant Data Table Rating Table for Trapezoidal Channel c:lprogram files\haestadlfmw\threadgi.fm2 Downstream of East Pond Trapezoidal Channel Manning's Formula Discharge Mannings Coefficient Depth 0.035 1.00 ft Left Side Slope Right Side Slope Bottom Width In ut Data Channel Sloee Ratin9 Table 12/05/06 07:17:49 PM Channel Slope (tuft) 0.030000 0.040000 0.050000 0.060000 0.070000 0.080000 0.090000 0.100000 2.000000 H : V 2.000000 H : V 1.00 ft Minimum Maximum 0.030000 0.100000 Discharge Velocity (cfs) (ft/s) 14.78 4.93 17.06 5.69 19.08 6.36 20.90 6.97 22.57 7.52 24.13 8.04 25.59 8.53 26.98 8.99 Increment 0.010000 ft/ft Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster v5.13 Page 1 of 1 Appendix C. Onslte Basin Map Threadgill Plat -November 2005 I f=SO' ________ ~ i i ! ------------------[ j ·, I --1~2305-9085 1 [ ' .---• 25 ' 50 T L. 1 3 ' ' ---' ' 1 I Q I · I ' -' ' 9085 ' -- 1 --------i 'r 1 132305-: FOUND RE~;.~_..-----'~I C ' ' ' • ' 0 ' I , I --I , as·• , I I ' I ''"°""' .• I I I I '"""" "'"i '"' ~"V=49D 10 I ' 85 i I : ~SMA~HED CA I i 6' WOOD FENC~----+ --=-: 05-90 ' . * """" ----------h. T L. 1323 ' ,N 1 J~498j87 ·1 12" CON\~-------. --~ --.,..,.~, I 32305-908:..J: . : J ' ------------~ ... ,, ----, ' I T L 1 ' ' -------~ V ' . . I , ___ ---------~ I . , ----' i\r']! L~ --~-~----- , t;~l~-=::::::::_::_::~1..--:88~~'3" w • ' = ' / 1 ( ( ( i '--I'"-~-. _,-, , / \ \ ~--_J I , , \ --,/ . I " . \ ' I / I' 1\ I I J~t -j',, l.,-J (JI I Ul :;E (;J l.L..~-~f\,--• L ~ ' I / I / \ ' -- N (0 -...J ()') ,o 1 0 C 1.0 "' 4' CYCL01\E \ . 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Inlet CB ID 4' CYCLONF ff' LL. 722971 I 1---------------- ' ' I I I I I T.L. 722971 • ' 1\)'f:::: I /+00 I s.:=-, I '. f FOUN--9 RWAR- -O.J2'N 0.31'W 6153.15 ~ \1 N ~ ~ ~ I " ~ R z .... a ~ ... ~ ~"' ~ V) 0,. ~ ::IJii ;,, ~ -~ .., t; a~ ~ (OR~"! e ,_--R~ "r;, I ~ IJ&:""~ )-~ ~ § 'll ~ LU ~ a. ro ~ C: ~ i ~ ;,,, 1 ·-..... bl en ,\l! "' ro Cl.: >c ca ~ -& Q) "' :!= 2! ! en ~"" C: " 0 ~ it I ~: I ~ 11 , ~ $HEE. l::i ~ ~ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.kinqcounty.gov April 24, 2008 Randy Goodwin Eagle Creek Land Development LLC 15215 SE 272"ct St. Suite IOI Kent, WA 98042 RECEIVED .U·R ') 1.1. 2008 6AIMA & HOLMBERG INC. Shupe Holmberg, P.E. Baima & Holmberg 100 Front St. South Issaquah, WA 98027 RE: Threadgill Subdivision 2005 KCSWDM Adjustment Request (File No. L08VOO 17) Dear Applicant and Engineer: The Department of Development and Environmental Services (DDES), Land Use Services Division (LUSD), Site Engineering Review Section, has completed review of the adjustment request for the Threadgill Subdivision. You are requesting approval for an adjustment from the 2005 King County Surface Water Design Manual (SWDM) Section 1.2.1, Discharge at the Natural Location. Our review of the information provides the following findings: 1. The proposed Threadgill subdivision is located at 13502 162"d Avenue SE in Renton. The 15 lot, 4.01 acre, proposed subdivision is filed under Land Use Services Division (LUSD) file number L05P0026. 2. The Threadgill subdivision is located in the Cedar River Drainage Basin. The site is subject to the Conservation flow control and Basic water quality requirements of the 2005 KCSWDM. Additionally, Hearing Examiner's Decision 6c states, "Engineering plans for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be re-examined to determine the extent, if any, to which existing flow travels south along the alignment of l 62"d Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162"d Avenue Southeast shall be diverted to the west along Southeast 136th Street." 3. Currently the site has two sub basins, west and east. The west subbasin sheet flows to a Class 3 wetland in the southwest corner of the property. The westerly sub basin is not part of this diversion. Water discharges from the wetland to a 12-inch diameter pipe that crosses under SE 136th Street. Stormwater then leaves a Type 1 catch basin from the south side of SE 136th Street and discharges to a shallow ditch on the west side of 162"d A venue SE. The property at this location is currently under plat construction. The L08V0017 April 24, 2008 Page2 Liberty Grove plat (ODES Files Nos. L03P005 and L0374401) drainage plan shows that runoff from the Threadgill property will be collected in a 12-inch diameter storm drain pipe and conveyed through the Liberty Grove site, separate from runoff collected at · Liberty Grove. Storm water from this pipe will discharge to the wetland on Tract C of Liberty Grove. From the Tract C wetland, runoff flows to a ditch on the property to the south and is conveyed to a 12-inch diameter pipe. This pipe conveys runoff about 150 feet to the south and discharges to a section of open channel. Runoff then passes through a 12-inch diameter concrete pipe and is collected by a shallow driveway ditch which then flows a short distance before passing through a 12-inch diameter driveway culvert at a distance of 1,270 feet from the project site. Drainage then enters a grass-lined channel and then a flat forested area. The conveyance system ultimately discharges to Tributary 0307, over one mile from the project site, which then discharges to the Cedar River. The east basin sheet flows both to a Class 3 wetland in the southeast corner of the site and a roadside ditch along the east property boundary. The easterly wetland appears to be a closed depression with a 2 to 3 foot depth. The natural outlet of the wetland appears to be in its southeast corner, which in the event of overflow, would tie into the ditch on the east property line (west side of 164th Avenue SE). Runoff from a portion of SE 136'h Street and the road right of way appears to sheet flow to the east along SE 136th Street. Runoff which is not caught by the ditch along the west side of 164th Avenue SE continues to sheet flow to the east. Runoff sheet flows from the east edge of 164th Avenue SE and then down a grass slope and gravel driveway. Runoff that flows along this drainage course would joih with the conveyance path from the site. The ditch on the west side of 164th Avenue SE leads to a 12-inch diameter concrete pipe that conveys drainage to the east side of 164th Avenue SE. The culvert outlets to a grass-lined ditch on the south side of SE 135th Street. The ditch discharges to a 12-inch diameter pipe and turns to the southeast at a catch basin. The pipe outlets to a concrete sump on the west property boundary of the adjacent residence and a 12-inch pipe then continues due south. The pipe outfalls on the south property boundary of the residence and is collected by a shallow channel. The channel conveys flow over a small embankment at which point the flow path becomes dispersed. Runoff collects further down gradient and merges with a well-established channel that flows in from the east. The channel meanders through a forested area before entering a short section of 30-inch diameter concrete pipe at the north property fence line of Liberty High School. Stormwater is conveyed through a short section of open channel and into a 30-inch diameter Corrugated Metal Pipe (CMP) with trash rack that apparently discharges to the school's stormwater pond. However, the outlet end of this pipe was not found. A control structure at the south end of the pond includes an 18-inch CMP inlet pipe. A 20-inch overflow pipe is also located at the south end of the pond. The pond discharges to a ravine at the south end of the football field. The 42-inch diameter outfall pipe discharges to a well-established low-gradient channel. The channel meanders through a forested area in the ravine bottom. The channel did not have signs of any significant erosion. 4. The east basin is proposing an off-site diversion of the natural discharge location. The proposal is to collect most runoff from the east basin and direct it to a single detention L08V0017 April 24, 2008 Page 3 and water quality facility located at the northeast corner of the property. The allowed release would then be discharged to a new closed pipe system that crosses 1641h Avenue SE to the east and then turns south along the east side of 164th Avenue SE, then turns east on the north side of 1361h Street. The diversion would eliminate flows to the existing ditch on the east side of 164th Ave SE flowing north, which then turns east on the south side of SE 135th Street, then flows southeast to recombine with the proposed discharge location. The existing ditch between Locations 23 through 24 has high spots and could overflow with high flows, presenting risk of flooding to the residence to the south. The west basin is not part of this diversion because the natural discharge location will be maintained. 5. No decorative ponds or shallow wells have been identified that would be affected by the proposed diversion. 6. No currently relevant flooding complaints have been reported along the downstream drainage course with Y. mile of the project site. 7. A consolidation of facilities for the proposed subdivision will be more economical in long term maintenance. 8. Hearing Examiner's Decision 6b states, "A surface water drainage adjustment shall be applied for to permit discharge from the Tract B ( east) pond to 164th Avenue Southeast, at approximately the location shown on exh. No. 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136 1h Street. The adjustment application shall request that King County accept for maintenance the new conveyance system to be constructed within the public right-of-way. In the event a surface water adjustment that permits utilization of Option 1 substantially as present in exh. No. 29 is denied, the hearing on this application shall be reopened for the limited purpose of re-evaluating surface water drainage alternatives for the east basin." 9. King County Roads Maintenance policy is to maintain conveyance systems within roads that are King County maintained. Southeast 136th Street and 1641h Avenue SE is King County Right-of-way but is not maintained. 10. King County Water and Land Resources Maintenance policy is to maintain conveyance systems up to the next structure downstream of the King County maintained stormwater drainage facility. Based on these findings, we hereby approve this adjustment to allow the diversion of runoff to on-site facility (draining to a new closed pipe system on 1641h Ave and SE 136th Street) with the following conditions: L08V0017 April 24, 2008 Page4 1. The release rates for the detention facility will be based on the land naturally draining from the site in all directions. 2. The volume for the detention facility will be based on all flows directed to the facility at full development under current zoning. The allowed release rate will be reduced by any undetained flows that would bypass the proposed subdivision drainage facilities. The detention volume shall be sized using the Conservation flow control standard in the 2005 KCSWDM. The design Technical Information Report shall state the factor of safety selected and the basis of that determination. 3. Water quality facilities must be sized based on the entire proposed subdivision draining to the facilities including any required frontage improvements. 4. The onsite drainage facilities must be located in a public right-of-way, recreation space tract with easement or storm drainage tract dedicated to King County. 5. Conveyance (from the RID facility) in a closed pipe system must be in accordance with Core Requirement #4. 6. Additional storm drainage requirements identified by SEP A or the plat hearing review will apply to this project. The applicant retains all rights and privileges afforded in Section 1.4. 7. An extended-right-of-way use permit for the proposed off-site conveyance system in unmaintained right-of-way shall be submitted for review and approval by ODES concurrent with the submittal of engineering plans. 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 proposed off-site conveyance system in unmaintained right-of-way. If you have any further questions regarding the SWDM variance or the design requirements, please contact Claire Jonson at (206) 296-6641. Sincerely Jim Sanders, P.E. Supervising Development Engineer Land Use Services Division Mark Bergam, P .E. Site Engineering and Planning Supervisor Building Services Division cc: Curt Crawford, P.E., Supervising Engineer, Local Drainage Services, KCDNR Bruce Whittaker, Engineer III, Engineering Review Section, LUSD Chad Tibbits, Project/Program Manager III, Current Planning Section, LUSD Claire Jonson, P.E., Engineer III, Engineering Review Section, LUSD ® King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Web Date: 11116/2005 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. Project Name: ODES Project File No: L05P0026 t.. Threadgill Plat DOES Engineer/Planner Name: ------------·------+---"----------------·----! 'tJ0/7 Bruce W ittaker/Chad Tibbits Project Address: Design Engineer: 13502 162nd Ave SE Shupe Holmberg Phone: (253) 850-7220 1---.,,Z.--/----~;L_.--J-__ _ Date: Phone: (425) 392-0250 Date: '2 1.i! (/8 (425) 392-0 50 lLA~~~~~d~~~--·-~--------~~~ City, State, ZIP: Address: City, State, ZIP: 15215 SE 272nd St. Sle 101 Kent, WA 98042-4215 100 Front St. Soulh Issa uah, WA 98027_ INSTRUCTIONS TO APPLICANT/DESIGN ENGINEER: Please be sure to include all materials (Level One Downstream Analysis, Certification of Applicant Status, sketches, photos, and maps) that may assist in complete review and consideration of this adjustment request. Failure to provide all pertinent information may result in delayed processing or denial of request. Please submit two complete copies of this request, application form. and applicable fee to the Department of Development and Environmental Services, 900 Oakesdale Ave. SW, Renton, WA 98055-1219. For more information, contact Mark Bergam, P.E., at 206-296-7270. ""Applicant/Agent is the individual financially responsible for all fees DESCRIPTION OF ADJUSTMENT REQUEST: [8J Standard O Complex O Experimental O Blanket O Pre-application Permission is being requested to divert the east basin RID pond outlet to bybass a 450' portion of the downstream drainageway (maintaining east basin discharge) APPLICABLE VERSION KCSWDM: 0 1990 (11/95)" 0 1998 (9/98) [8] 2005 (1105) "(Note: the term "variance" replaced by "adjustmenri if' I I \\~ ~C: ~ APPLICABLESECTION(S)OFSTANDARDS: 101 !['. . k" \i \' !l; D 1998 KCSWDM Section 1.2.1 Discharge at the Natural Location \ n~ U U MAR O 3 2008 JUSTIFICATION PER KCSWDM SECTION 1.4.2: D See attachments listed below. K.C. 0.0.E.S, The proposed diversion will bypass a potential east basin downstream drainage problem. The proposed diversion will route the pond outfall around a low-capacity, pieced-together, private storm system and keep in the public R/W. The proposed diversion will return the flows into the natural discahrge location, about 450" downstream from the plat.The outfall diversion will eliminate the potential of the adjacent private system being adversely affected by this project. AUTHORIZATION SIGNATURES: DETERMINATION: 0 Approval Conditional Approval (see below) 0 DNRP/WLRD Approval Signed: Date: ---=~---~- DOES Staff Recommendation Signed: Conditions of Approval: q.z,<{(lf DDES DIRECTOR/ DESIGNEE: Review Supervisor: ODES, BS Date: Signed: D Denial (Experimental & Blanket only) Date -<f · Z'f · oJ' gi e ·ng & Planning Supervisor ~ Date l{ "JA(. t) Check out the DDES Web site at www.metrokc.gov/ddes Sur1WaterDesManReqSldsAdjReqFORM.doc le-info-surwa-adj.pdf 11/1612005 Page 1 of 1 w (J) w I f- lL 0 z 0 ~ 0 0.. !--'.-~~~~ ' : I ' ' ' ' ' l 0. ~ "' ,. ~ z u 5 "'"' ""(.,,].,. --•"'l•,M ·--~ ~'"'"'" -=-""""' ""' SHO~~AHns ~ ~Hili<to~s ·ou1 6Jaqw10H 'II ew1ee +---- ___ 1 _ 1 _v_M_no __ "_"°~~~,:~,m~o~c~,,,,_,, j I j •'., 1 \fld ll~CJV3W·{l i i ~ ;;; " :)11 '1N3_"_d_0-13A_3_Q_O_NV_l_S_3_3_S0_3_10~~~';="'--l g !i! :,. ,., ;·· "• "· f- ' ! ; ' ~•'l ii· ,•! " ,,~ ~~; il;, -·i~i i~~i ,!ji .. ' ~ ~ ~ -j; t is "' s $ ~ ' ~ g ' i i ~ I ~ OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 Email: hearex@metrokc.gov January 29, 2008 REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. L05P0026 Proposed Ordinance No. 2007-0620 Location: Applicant: Intervenor: THREADGILL SUBDIVISION Preliminary Plat Application 13502-162nd Avenue Southeast Eagle Creek Development, LLC represented by Bill H. Williamson Williamson Law Office 701 -5th Avenue Seattle, Washington 98139 Telephone: (206) 292-0411 Facsimile: (206) 292-0313 Citizen's Alliance for a Responsible Evendell represented by Gwendolyn High P.O. Box 2936 Renton, Washington 98056 Telephone: (425) 336-4059 King County: Department of Development and Environmental Services (ODES) represented by Chad Tibbits 900 Oakesdale Avenue Southwest Renton, Washington 98055 Telephone: (206) 296-7194 Facsimile: (206) 296-7051 SUMMARY OF RECOMMENDATIONS/DECISION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: Approve subject to conditions Approve subject to conditions (modified) Approve subject to conditions (modified) I.OSP0026--Thrcadgill Subdivision 3 2. Except as modified herein, the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the December 18, 2007, public hearing are found to be correct and are incorporated herein by this reference. The LUSD staff recommends approval of the application, subject to conditions. The division's recommended conditions were modified at the January 8 and 22, 2008 public hearings. 3. The mitigated determination of environmental non-significance (MONS) issued on November 9, 2007 was appealed by the applicant. On December 18, 2007, the applicant withdrew its appeal. The conditions of the November 9, 2007 MONS are now incorporated in the proposed action. 4. Section F 3 of the preliminary report for the December 18, 2007 public hearing erroneously refers to the Soos Creek Subbasin of the Green River drainage basin. The subject property lies within the Maplewood, Orting Hills and Mainstem sub-basins of the Lower Cedar River basin. This error had no effect on the review of the proposed plat by ODES. 5. Section H of the preliminary report for the December 18, 2007 public hearing was revised by the Land Use Services Division at the January 8, 2008 public hearing. The revised section is set forth in exhibit no. 18 in the hearing record. 6. In a letter dated January 7, 2008 (exh. no. 24) the applicant proposed revisions to the surface water drainage system. These revisions are, in part, a response to a recent hydraulic study prepared for Southeast 144th Street, and also respond to downstream concerns identified by residents of the neighborhood. To mitigate flooding problems identified downstream of the west basin of the Threadgill plat, and along Southeast 144th Street, the applicant's revised proposal is to provide Level 3 flow control of surface water discharged from the detention pond to be located in the southwest corner of the property. In addition, three options are offered by the applicant to address concerns downstream from the east basin of the subject property. Option I would bypass potential drainage problem areas immediately downstream from the northeast corner of the site. Option 2 would utilize a new storm pipe system within the right-of-way of Southeast 135th Street, and would provide improvements on private property to convey water from Southeast 135th Street to Southeast 136th Street. Option 3 would provide increased detention capacity (Level 3 now control) for the east basin, but would not provide downstream improvements. The applicant and all nearby property owners who have expressed an opinion prefer that Option 1 be utilized for the discharge and conveyance of stormwater from the east basin. The review engineer also supports that option, and recommends that King County accept for maintenance the new conveyance system that would be constructed within the public right-of-way from the discharge point on 164th Avenue Southeast to the point on Southeast 136th Street where the new conveyance system will intersect with the current north-south channel approximately 160 feet cast of 164th Avenue Southeast. A drainage adjustment is required for implementation of Option I. 7. The downstream analysis provided by the applicant for surface water runoff from the west basin indicates that water is now discharged from the Threadgi II property at its southwest comer, then crosses 162nd Avenue Southeast and travels to the west along Southeast 136th Street. It then turns south and travels to a wetland within the Plat of Liberty Grove Contiguous. Evidence presented by a property owner to the south states that the current drainage from the Threadgill Plat west basin now travels south on 162nd Avenue Southeast, and does not enter the Liberty Grove Contiguous wetland. L05P002&-Threadgill Subdivision There are current flooding problems to the south, that are exacerbated by excessive water discharging from the Liberty Grove Contiguous wetland during certain storm events. Surface water discharge from the Threadgill property's west basin is required to follow its existing drainage course, unless a surface water adjustment is approved. 4 A catch basin exists in the right-of-way of 162nd Avenue Southeast at Southeast 136th Street, from which a pipe leads west within Southeast 136th Street. However, it is possible that existing runoff from the southwest basin also travels, at least in part, south on 162nd Avenue Southeast within existing road side ditches. Diversion to the west of any portion of the surface water runoff that in fact flows south on 162nd Avenue Southeast would aggravate existing downstream problems and would conflict with SWDM requirements. The actual path of surface water from the west basin of the Threadgill property during various storrn events can be determined during the process of reviewing final drainage plans. 8. The proposed development of 15 lots has received a certificate of traffic concurrency from the King County Department of Transportation. The number of trips generated during any peak hour by the Threadgill Plat is 16. This is below the thirty peak hour trips at any intersection which is the minimum threshold required to call for mitigation of traffic impacts at an affected intersection. The MONS requires participation by this proposed development in the construction of 162nd Avenue Southeast from its present southerly terminus (near Liberty Gardens) to Southeast 144th Street. This requirement will enhance the interconnectivity of streets serving the neighborhood, and will reduce the number of vehicles traveling to and from this subdivision that will travel through the high accident location of Southeast ] 28th Street and 160th Avenue Southeast. 9. The proposed development does not include construction of either Southeast 135th Street or Southeast 136th Street from 162nd Avenue Southeast to 164th Avenue Southeast. Although right-of-way will exist adjacent to this plat on both Southeast 135th and Southeast 136th Streets to allow for future construction, any decision to construct improvements to either the Southeast l 3 5th Street or Southeast 136th Street rights-of-way between 162nd Avenue Southeast and 164th Avenue Southeast will be subject to future consideration. The Threadgill Plat will be served solely by a cul-de-sac street from 162nd Avenue Southeast to a "dead end" within the subject property. l 0. lt is proposed by King County Department of Transportation, and agreed by the applicant, to provide safe walking conditions for students who will walk to Liberty High School and Brierwood Elementary School by constructing a walkway on 162nd Avenue Southeast, from the southwest corner of the Threadgill subdivision to Southeast 137th Place within the Plat of Liberty Lane. Within Liberty Lane, Southeast 137th Place connects with a path to the east boundary of that property on the alignment of 164th Avenue Southeast, adjacent to Liberty High School. This route is reasonable and suitable for Liberty High School students. However, from Southeast l 3 7th Place, Brierwood Elementary students would have to cross the high school grounds to 166th Avenue Southeast, then turn back north to reach Bricrwood Elementary. It is unlikely that elementary school students would, in fact, walk south approximately 200 yards from the Threadgill plat entrance road to Liberty Lane, then retrace those 200 yards going back north on 166th Avenue Southeast. It is substantially more likely that the undeveloped right-of- way of Southeast 135th Street, or the undeveloped right-of-way of Southeast 136th Street, would be utilized to travel east and connect with 166th Avenue Southeast. The final engineering plans can identify what, if any, improvements are necessary and acceptable to King County DOES to provide safe walking conditions on either Southeast 135th Street or Southeast 136th Street to L05P0026--J'hreadgill Subdivision 166th Avenue Southeast for students who will walk from the Threadgill subdivision to Brierwood Elementary School. 5 11. KCC 20.24.040 provides that DOES shall not commence review of any application until the applicant has submitted the materials and fees required for a complete application. The Intervenor in this proceeding contends that the Threadgill preliminary plat application was incomplete for failure to provide a certificate of water availability, a certificate of sewer availability, a certificate of transportation concurrency, density calculations and a tree inventory. (The Intervenor's contention includes a claim that certain certificates, that may have been valid when submitted, subsequently expired.) A King County Certificate of Water Availability for this property (then proposing a subdivision of23 lots) was issued by King County Water District No. 90 on December 13, 2004, and was filed with DOES with this subdivision application on December 13, 2005. The certificate was renewable after one year. A certificate of sewer availability for 15 lots on the property was issued by the City of Renton Wastewater Utility on July 14, 2005, and was also filed with ODES on December 13, 2005. The Certificate of Water Availability was re-issued by King County Water District No. 90 on January 7, 2008, and the Certificate of Sewer Availability issued by the City of Renton was confirmed as still valid by the issuer on January 7, 2008. A Certificate of Transportation Concurrency was issued by King County Road Services Division for 16 dwelling units on the Threadgill property on December 2, 2005 and was received by DOES on December 13, 2005. Subdivision Density and Dimension Calculations dated December 5, 2005 were filed by the applicant with DOES on December 13, 2005, and were re-filed on a revised DOES form on January 2, 2008. A site plan identifying the trees on the subject property was filed with DOES on December 13, 2005, as Sheet 2 of the subdivision plan. A tree retention plan and landscape plan are required with engineering plans for plat development. DOES determined that the subject application was complete on December 13, 2005. CONCLUSIONS: I. If approved subject to the conditions recommended below, the proposed Threadgill subdivision will comply with the goals and objectives of the King County Comprehensive Plan, subdivision and zoning codes, and other official land use controls and policies of King County. 2. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare, and for open spaces, drainage ways, streets, other public ways, transit stops, potable water supply, sanitary waste, parks and recreation, playgrounds, schools and school grounds and safe walking conditions for students who walk to school; and it will serve the public use and interest. 3. The conditions for final plat approval recommended below and contained in the mitigated determination of environmental non-significance are in the public interest and are reasonable and L05P0026-Thrcadgill Subdivision proportionate requirements necessary to mitigate the impacts of the development upon the environment. 6 4. The dedications of land or easements within and adjacent to the proposed plat, as required for final plat approval or as shown on the revised proposed preliminary plat submitted by the Applicant on December 11, 2006, are reasonable and necessary as a direct result ofthc development of this proposed plat, and are proportionate to the impacts of the development. 5. The applicant should apply for a surface water drainage adjustment to allow for the discharge of surface water from the east basin of the subject property to the right-of-way of 164th Avenue Southeast approximately as shown in exh. no. 29, from where the surface water would be conveyed south to the alignment of Southeast 136th Street, then east to the location where current flow from the cast basin enters Southeast 136th Street at the existing channel. This adjustment would allow for the bypassing of current problem areas that could be impacted by additional flows from the Threadgill plat. As part of the surface water drainage application, the developer should request that King County accept and maintain the new conveyance system to be constructed within the public right-of-way of 164th Avenue Southeast and Southeast 136th Street. 6. Final engineering plans should provide for Level 3 detention of surface water prior to leaving the west basin of the proposed development, and should re-examine the discharge of existing flow from the west basin to determine the extent to which any existing flows arc conveyed south along 162nd Avenue Southeast, rather than west along the alignment of Southeast 136th Street, during major storm events. This re-examination should be specifically reviewed by the DOES review engineer, to assure that no flow of surface water from 162nd Avenue Southeast is redirected to the west and enters the wetland within the Plat of Liberty Grove Contiguous. If any of the surface water flow from the west basin of the subject property is found to travel south along 162nd Avenue Southeast under existing condition, drainage plans for reconstruction of 162nd Avenue Southeast and its extension shall be required to accommodate those flows and assure that there is no diversion of surface water to the west. 7. The proposed development, with the conditions of the MONS and the conditions of final plat approval set forth in this decision, improves road connectivity in the neighborhood in a manner that fully and proportionately mitigates the impacts of this development on traffic and vehicle safety at high accident locations on the Southeast I 28th Street corridor. 8. Final engineering plans should provide a walkway to the east on the alignment of either Southeast 135th Street or Southeast 136th Street, to be utilized by students who will walk to Brierwood Elementary School, to provide a safe connection to 166th Avenue Southeast, for travel north to Brierwood. These walkways improvements should be reviewed by DOES for consistency with applicable King County standards for a safe walkway, and should be constructed, as approved, with the plat improvements. 9. The Threadgill application for preliminary plat approval meets the requirements of KCC I 9A.08. l 50 and KCC 20.20.040. DOES correctly determined that this application was complete on December 13, 2005. The subsequent expiration and renewal of certificate of water and sewer availability did not affect the completeness of the application. The certificate of transportation concurrency was in effect at the time this application for subdivision approval was filed, and, therefore, remains valid while review of the application is pending. Appropriate density calculations and a tree inventory were submitted with the application. Modifications made to a L05P0026-Threadgill Subdivision 7 proposal during its review do not require submission of revised documents to maintain a complete application for the purpose of considering an application's eligibility for preliminary approval. DECISION: The proposed subdivision of Threadgill Plat, as revised and received December I I, 2006 is granted preliminary approval, subject to the following conditions of final plat approval: J, 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-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as 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. Any plat boundary discrepancies shall be resolved to the satisfaction of ODES 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 must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and 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 modifying the location of lots or tracts as shown on the preliminary approved 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 2005 King County Surface Water Design Manual and applicable updates adopted by King County. DDFS approval of the drainage and roadway plans is required prior to any construction. b. A surface water drainage adjustment shall be applied for to permit discharge from the Tract B (east) pond to 164th Avenue Southeast, at approximately the location shown on exh. no. 29, from where surface water shall be conveyed south to Southeast 136th Street, then approximately 160 feet east along Southeast 136th Street (preferably within the southern portion of the right-of-way) to the existing channel where the present flow from the east basin of the Threadgill property enters Southeast 136th Street. The adjustment application shall request that King County accept for maintenance the new conveyance L05P002&-Threadgill Subdivision 8 system to be constructed within the public right-of-way. In the event a surface water adjustment that permits utilization of Option 1 substantially as presented in exh. no. 29 is denied, the hearing on this application shall be reopened for the limited purpose ofre- evaluating surface water drainage alternatives for the east basin. c. Engineering plans for the west basin shall provide for detention of surface water to the Level 3 standard. The conveyance of water discharged from the west basin shall be re- examined to determine the extent, if any, to which existing flow travels south along the alignment of 162nd Avenue Southeast, south of Southeast 136th Street. No proportion of surface water that currently travels south on 162nd Avenue Southeast shall be diverted to the west along Southeast 136th Street. d. To implement the required Best Management Practices (BM P's) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCS WDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMP's for site development. 7. The following road improvements arc required to be constructed according to the 1993 King County Road Standards (KCRS): a. Road A shall be improved at a minimum to the urban minor access street standard. b. FRONT AGE: The frontage along I 62"d Ave SE ( east side) shall be improved at a minimum to the urban subcollector street standard. c. The Applicant shall widen 162"" Avenue SE, from the intersection of SE 136 1 h Street to the northeasterly curb return of the intersection of SE 13 7'h Place (the plat street for the Liberty Lane subdivision) to provide adequate walkway conditions for students who will walk to Liberty High School, and Maywood Middle School. These improvements shall consist of a minimum 22-foot wide roadway together with a walkway that is: (i) eight feet wide if directly abutting the traveled-way, or (ii.) five (5) feet wide if separated from the vehicle travel lane by an extruded curb (which requires an additional I-foot shy distance from the shoulder edge of the northbound travel lane~ i.e., 162"' Avenue SE would need to be at least 23-feet wide) or, (iii) five (5) feet wide if physically separated from the vehicle travel lane by a gravel shoulder. These improvements may include construction of full urban improvements ( curb, gutter and sidewalk) in lieu of these options. L05P0026-Threadgill Subdivision 9 Note: it is expected that similar improvements will also be conditions of approval for the proposed plats of Liberty Gardens L04P0034 and Cavalla L06POOOI, on appropriate portions of 162nd Avenue Southeast. d. The applicant shall provide an improved walkway within the right-of-way of Southeast 135th Street or Southeast 136th Street to 164th Avenue Southeast. and continuing east, as necessary, to 166th Avenue Southeast to provide safe walking conditions for students who will walk to Brierwood Elementary School to the north. These improvements shall be the minimum necessary determined by DOES to provide safe walking conditions for elementary school students. e. Tract D shall be improved to the joint use driveway standard per Section 3.0 I of the KCRS. This Tract shall be owned and maintained by the Lot owners served. f. T~irty feet of additional R/W shall be dedicated along the frontage of SE I 35'h St; along with R/W radii al the northwest comer of Lot 15 and the northeast corner of Tract 13. g. R/W radii shall also be dedicated at the southwest corner of Tract E and the southeast corner of Lot 6. h. Modifications to the above road conditions may be considered according to the variance provisions in Section 1.08 of the KCRS. 1. A conceptual frontage road improvement plan for the future construction of SE I 36'h St, to the neighborhood collector street standard, shall be submitted with the engineering plans. This plan shall show the necessary R/W width for future construction of the road. Additional R/W needed to construct the future road shall be dedicated with the final plat. The intent of this condition is to insure that, following development, sufficient R/W will exist for future construction of SE 136'h St to the east. 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 hy 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. I 0. Lots within this subdivision are subject to King County Code 2 lA.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. L05P0026-Threadgill Subdivision IO 11. There shall be no direct vehicular access to or from SE 135"' Street or Southeast 136th Street from those lots which abut those streets. A note to this effect shall appear on the engineering plans and the final plat. 12. The proposed subdivision shall comply with the Critical Areas Code as outlined in K.C.C. 21 A.24. Permanent survey marking and signs as specified in K.C.C. 2 lA.24.160 shall also be addressed prior to final plat approval. Temporary marking of critical 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. All offsite construction required as conditions of final plat approval shall likewise comply with the CAC. 13. 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. Wetlands A. Wetland A is a Category IV and requires a 50 foot buffer. The wetland is located in the southeastern portion of the site. The wetland is less than 2500 square feet and may be filled as shown on the site plan dated December 11, 2006. Mitigation is required for the wetland and buffer impacts. B. Wetland B is a Category IV wetland and requires a 50 foot buffer. The wetland is located in the southwestern portion of the site. A portion of the wetland and buffer is located within unimproved right-of-way. This portion of the wetland and buffer may be impacted for required road improvements, as shown on the site plan dated December 11, 2006, subject to an approved mitigation plan. C. The 50 foot buffer for Wetland B may be reduced to 25 feet with an approved buffer enhancement/mitigation plan. 0. All remaining wetlands and buffers shall be placed with in Critical Areas Tracts (CAT) for long term protection. A split-railed fence or similar barrier shall be installed along the tract boundary. E. A 15 foot building set back line (BSBL) is required from the edge ofCAT's and shall be shown on all affected lots. F. Additional road improvements are required within the unimproved 162"d Avenue right- of-way (ROW) located south of the proposed plat. Critical areas and buffers are located within this ROW. Impacts within the ROW may be permitted with mitigation. A mitigation plan will be required during engineering review. G. The engineering plans shall be routed to Critical Areas staff for review and approval of the critical area conditions. RESTRICTIONS FOR CRITICAL AREA TRACTS AND CRITICAL AREAS AND BUFFERS Dedication of a critical area tract/critical area and buffer conveys to the public a beneficial interest in the land within the tract/critical area and buffer. This interest includes the L05P0026-Thrcadgill Subdivision 11 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 critical area tract/critical area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/critical 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/critical area and buffer. The vegetation within the tract/critical 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/critical 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 critical area tract/critical 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. 14. Suitable recreation space shall be provided consistent with the requirements of K.C.C. 21 A.14.180 and K.C.C. 21 A. 14. 190 (i.e., sport court[ s ], children's play equipment, picnic table[s], benches, etc.). a. i\ 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. 15. A homeowners' association or other workable organization shall be established to the satisfaction of ODES which provides for the ownership and continued maintenance of the recreation and critical area tract(s). 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 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 organization unless the county has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. I.05P0026 Threadgill Subdivision 12 e. f. g. 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. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 162"d Avenue SE is on a bus route. If 162"d Avenue SE is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year ofrecording 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. 17. 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. 18. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. In order to address the incremental impacts of the development of the Threadgill plat, and the cumulative impacts with other pending development proposals in the area (Liberty Gardens, ODES File L04P0034, and Cavalla, ODES File L06POOO I), on the High Accident Location (HAL) at the intersection of SE 128 1 " Street/ 160'" Avenue SE), the Applicant shall individually or jointly with other developers in the area construct an offsite extension of 162'"' Avenue SE in general conformance with the conceptual plan submitted to ODES ( dated: July 2, 2007) for the plat of Cavalla, from the current south terminus of 162"' Avenue SE (near the SE I 38xx block) to SE 1441 " Street. These improvements shall include no less than 22 feet of roadway paving, plus all associated appurtenances, and all storm drainage conveyance/ detention/treatment facilities as determined by ODES. These improvements shall include a tight-lining of the existing water-course located on the westerly half of the 162"" Avenue SE right-of-way. (KCC 14.80.030B) Note: a multi-party agreement between the three pending plat applicants (Threadgill, Liberty Gardens, and Cavalla) has been reached lo implement this requirement. Portions of this improvement are located along the frontage of the Liberty Gardens and Cavalla plats, and will require additional roadway frontage improvements as conditions of those plats' approvals. b. In order to address the incremental imracts of the Threadgill development, by itself; on the HAL at the intersection of SE 128 1 ' Street/ 1601 " Avenue SE, th is applicant shall -in addition to the requirements of the preceding SEPA condition -dedicate any additional right-of-way required along the SE 136'" Street margin of the site needed to construct- L05P0026-Thrcadgill Subdivision 13 in the future, by others (private or public)-an extension of SE 136'h Street from 162"d Avenue SE to 166'h Avenue SE. The required additional right-of-way, as needed, may be based upon the preliminary road profile prepared by Baima & Holmburg dated 4/18/2005, and based upon afuture 32-foot wide roadway with curb, gutter and sidewalks meeting applicable King County Road Standards, and any cut/fill slopes or retaining walls needed to allow others to construct this roadway. Any additional R/W needed to comply with this condition shall be determined prior to engineering plan approval and then shown as dedication on the final plat. (KCC 14.80.030B) 19. To implement K.C.C. 21 A.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 of K.C.C. 21 A.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. 21 A.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. 21 A.38.230.B.4.d.(2). 20. 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. 21A.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 29th day of January, 2008. James N. O'Connor King County Hearing Examiner pro tem NOTICE OE RIGHI IQ APPEAi 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 February 12, 2008. Ifa notice of appeal is filed, the original and six (6) copies ofa 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 February 19, 2008. 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 J'd 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 ofthc 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 sutricient to meet the tiling requirement. [fa 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. L05P0026--Threadgill Subdivision 14 MINUTES OF THE DECEMBER 18, 2007, JANUARY 8 AND 22, 2008 PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L05P0026. James N. O'Connor was the Hearing Examiner in this matter. Participating in the hearing were Barbara Heavey, Chad Tibbits, Kristen Langley. Nick Gillen and Bruce Whittaker representing the Department: Bill H. Williamson and Shupe Holmberg, representing the Applicant; Gwendolyn High, Intervenor and Ty Pendergraft, Ed Sewell, Ed McCarthy, Doris Yepez, Michelle Hohlbein, John N. Case, Ed McCarthy, Henry Perrin, Keith Brown. and Gary Norris. The following Exhibits were offered and entered into the record on December 18, 2007: Exhibit No. I Prepared remarks on the pre-hearing conference on CARE's petition to intervene Exhibit No. 2 Citizen's statements of support of the CARE petition to intervene Exhibit No. 3 Letter from Mary and Donald Hamblin to the Hearing Examiner's Office dated December 17, 2007 in support of the petition to intervene by CARE Exhibit No. 4 Threadgill vicinity development map The following Exhibits were offered and entered into the record on January 8, 2008: Exhibit No. 4A Annotated Threadgill vicinity development map by Shupe Holmberg Exhibit No. 5 Department of Development and Environmental Services File No. L05P0026 Exhibit No. 6 Department of Development and Environmental Services preliminary report dated Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Exhibit No. 10 Exhibit No. 11 Exhibit No. 12 Exhibit No. 13 Exhibit No. 14 Exhibit No. 15 Exhibit No. 16 Exhibit No. 1 7 Exhibit No. 18 Exhibit No. 19 Exhibit No. 20 Exhibit No. 21 Exhibit No. 22 Exhibit No. 23 Exhibit No. 24 Exhibit No. 25 Exhibit No. 26 Exhibit No. 27 December 18, 2007 Application dated December 13, 2005 Environmental Checklist dated December 13, 2005 SEPA Mitigated Determination of Non-Significance dated November 9, 2007 Affidavit of Posting indicating January 25, 2006 as date of posting and January 26, 2006 as the date the affidavit was received by DOES Revised preliminary plat map and site plan dated December 11, 2006 Revised Level 1 Downstream Analysis prepared by Baima & Holmberg, Inc., received December 11, 2006 Revised Critical Areas Report prepared by Sewall Wetland Consulting, Inc., received December 11, 2006 Revised Traffic Impact Analysis prepared by Gary Norris, received December 11, 2006 Landscape Plan (Conceptual Recreation Space Plan) prepared by Lane & Associates, received December 11, 2006 King County Water District No. 90 Certificate of Water Availability dated December 13, 2004 Submittal package by the Citizen's Alliance for a Responsible Evendell dated January 4,2008 Drainage narrative King County Department of Assessments Map Density and Dimension Calculations Email from Ty Pendergraft to Bill Williamson, Shupe Holmberg and the Goodwins dated January 7, 2008, re: Sewer Availability King County Certificate of Water Availability Response to C.A.R.E. issues/concerns Letter to Bruce Whittaker of DOES from Baima & Holmberg, Inc. dated January 7, 2008 re: Proposed Stormwater Control Report from Ed McCarthy, PE, re: Downstream Drainage Analysis Aerial photograph showing the downstream conveyance system Basin map L05P002&-Threadgill Subdivision Exhibit No. 28 Exhibit No. 29 Exhibit No. 30 Exhibit No. 31 Exhibit No. 32 Exhibit No. 33 Exhibit No. 34 Exhibit No. 35 Exhibit No. 36 Exhibit No. 37 Exhibit No. 38 Exhibit No. 39 Liberty Grove and Liberty Grove Contiguous Street and Storm Drainage Plan (2 sheets) Sheet titled Option I -Alternate Storm Outfall Preliminary Road Improvement Plan Delivery Record/Receipts (3 pages) Letter to John & Nenita Ching, Donald & Andrea Gragg, Norm & Patricia Gammel from Curt W. Crawford, Manager, King County Stormwater Services Section dated April 13, 2007 ODES Permit Approval Actions Report Letter to James N. O'Connor from Peter H. Eberle dated December 17, 2007 Email to C.A.R.E. from Don & MaryEllen Hamblin dated December 17, 2007 Email to C.A.R.E. from Susan Oord dated December 16, 2007 Email to C.A.R.E. from Mike Ritchey dated December 16, 2007 Memo to ODES from Bob & Lynn Wilmot dated January 8, 2008 Letter to C.A.R.E. from John & Nenita Ching dated January 7, 2008 The following Exhibits were offered and entered into the record on January 22, 2008: Exhibit No. 40A Photo of Liberty Grove Contiguous drainage pond (under construction) Exhibit No. 408 Photo of path to the east on SE 135th Street alignment Exhibit No. 40C Photo of Hohlbein property Exhibit No. 41 HALS/HARS List Exhibit No. 42 Student walkways The following exhibit was entered into the record on January 25, 2008: I 5 Exhibit No. 43 CARE: Threadgill Hearing prepared comments (January 22, 2008) with attachments .JNOC:gao L05P0026 RPT Sewall Wetland Consulting, Inc. THREADGILL PLAT CRITICAL AREAS REPORT EAGLE CREEK LAND AND DEVELOPMENT KING COUNTY, WASHINGTON Sewall Wetland Consulting, Inc. l l 03 W Meeker Street, Suite C Kent WA 9803 2 Prepared for: Eagle Creek Land and Development 13701 SE 253"' Street Kent, Washington 98142 Attn: Randy Goodwin December 1, 2006 ,Job#AS-209 Phone: 253-859-0515 Fax: 253-852-4732 Sewall Wetland Consultin , Inc. 1103W~erSt Kent, WA 98032-5751 Phooe:253-,859-0515 Fax: 253-1352-4732 THREADGILL PLAT -CRITICAL AREAS REPORT EAGLE CREEK LAND AND DEVELOPMENT KING COUNTY, WASHINGTON 1.0 INTRODUCTION 1.1 Location This report describes our findings in regard to jurisdictional wetlands, streams and buffers on the property located off of 162 Ave SE between SE 136 1h St. and SE 135'h St. in King County (parcel 1457500040). The site is located in the northeast portion of section 13, Township 23N, and Range 5 East. It is 4.01 acres and rectangular in shape. Thomas Guide: Vicinity Map :c, ';:5:· -·;E 1"38~ PL I go ll 139TH PL :!: ~ :<; I SE _1_41ST ST :8 1.2 Existing Use _!40TH ST i" ;!'' The site is located within a residential neighborhood and includes a mobile home trailer and shop located in the northwest corner of the lot. The remaining portion of the lot is a mixture of clearings, scrub-shrub and forested areas. The lot is bordered on the north by SE I35lh St., the south by 135lh St., the east by 162nd Ave. SE and by 164lh Ave. SE on the west. Formerly known as B-12 Wetland Consulting, Inc 2.0 METHODOLOGY Threadgill/ AS-209 Sewall Wetland Consulting Inc. December 1, 2006 Page 2 On May 12th Sewall Wetland Consulting, Inc. inspected the site to identify any jurisdictional wetlands or streams. A combination of field indicators including vegetation, soils, and hydrology were used to determine wetland edges. Soil colors were identified using the 1990 Edited and Revised Edition of the Munsell Soil Color Charts (Kollmorgen Instruments Corp. 1990). The wetlands on site were identified using methodology described in the Washington State Wetlands Identification Manual (W ADOE, March 1997). This is the methodology currently recognized by King County and the State of Washington for wetland determinations and delineations. The wetland areas identified would also be considered wetlands using the methodology described in the Corps of Engineers Wetland~ Delineation Manual (Environmental Laboratory, 1987), as required by the US Army Corps of Engineers. Two wetlands were found on the site. Data points for this determination were marked with black and orange flagging and labeled DP#l-3 for Wetland A and DP#l-6 for Wetland B. 3.0 OBSERVATIONS 3.1 Existing Site Documentation A review of several natural resource inventory maps was conducted, prior to visiting the site. Resources reviewed included the Soil Survey, King County Area, Washington . \ ' • '1 ' •• ·. ~ . ' . ~::: .. . . , \~· ·.' .•. 3.1.3 King County Sensitive Areas Folio Threadgill/ AS-209 Sewall Wetland Consulting Inc. December 1, 2006 Page4 King County has no wetlands or streams inventoried on or near this site. 3.1.4 A Catalog of Washington Streams and Salmonid Utilization According to the Catalog of Washington Streams and Salmonid Utilization there are no streams on or near this site. Threadgill/ AS-209 Sewall Wetland Consulting Inc December 1, 2006 Page 5 A Catalog of Washington Streams and Salmonid Utilization • 'Mople,,.;ootl • 3.2 :Field Observations "; --:-- _•.\ ___.-Site D • The site is located within a residential neighborhood and a mobile home and a shop are located on the property. The property 1,,>radually slopes downward from the northwest comer. Some of the area around the house has been cleared and the rest of the site contains a mixture of conifers, deciduous trees, and shrubs. Two wetlands were located on the property. Wetland A is located on the southeast portion of the property, near the south property line, and appears to be an isolated wetland with no outlet. Wetland B is located in the southwest comer of the property and appears to drain through a culvert into a roadside ditch. There also appears to be some historic fill in and around Wetland B. 3.2.1 Uplands Soils pits excavated in upland areas near Wetland A revealed a sandy, loam with a matrix color having chromas of 2 or higher and no redoximorphic features. No standing water or soil saturation was present at the time of the visit. Dominate vegetation included blackberry (Rubus armeniacus), salmonberry (Rubus spectabilis), Indian plum (Oem/eria ceraszformis ), and sword fern (polystichum munitum ). Soils in the upland area near Wetland B revealed a sandy, loam with a matrix color having chromas of 2 or higher and no redoximorphic features. Soils were dry at the time of this visit. Vegetation included big leaf maple (Acer macrophyllum), black cottonwood (Populus balsamifera), western hemlock (Tsuga heterophylla), western red cedar (Thu1a plzcata), salmonberry (Rubus spectabi/is), blackberry (Rubus armenzacus), and bracken fern (Pteridium aquilinum). 3.2.2 Wetland A Threadgill/ AS-209 Sewall Wetland Consulting Inc. December I, 2006 Page 6 Wetland A was flagged with pink "Wetland Delineation" flagging labeled Al-Al I and is a total of 1,031 sf in size. Wetland A is depressional wetland located on the southeast portion of the lot near the southern property line. According to the United States Fish and Wildlife Service (USFWS) wetland classification method (Cowardin et al. 1979), Wetland A would be considered a palustrine, scrub-shrub, broad-leaved deciduous, seasonally flooded wetland (PSS IC). Dominate vegetation was comprised of salmonberry (Rubus spectabi/is), hardhack, (Spiraea douglasit), reed canary grass (Phalaris arundmacea) and lady fern (Athyrium Filix-femina). Soils pits excavated within the wetland revealed a 16-inch A horizon with sandy loam soils and a matrix color of !OYR 3/1. Soils were saturated to the surface at the time of the visit. Using the Washington State Wetland Rating System/hr Western Washington, (Washington State Department of Ecology publication number 04-06-025), the wetland would be rated as a Category IV wetland and scored 24 points for functions. According to King County Ordinance 15051, Category IV wetlands typically have a buffer of 50 feet in the urban portion of King County in addition to a building setback line of 15 feet (BSBL). Category 4 wetlands <2,500sf in size can be filled with appropriate mitigation. 3.2.3 Wetland B Wetland B was flagged with pink "Wetland Delineation" flagging labeled B 1-B 15 and is 4,572sf on-site. Wetland Bis a depressional wetland located in tbe southwest corner of the lot. According to tbe United States Fish and Wildlife Service (USFWS) wetland classification method (Cowardin et al. 1979), Wetland B would be considered a palustrine, forested, broad- leaved deciduous, seasonally flooded/saturated wetland (PFOlE). Vegetation included black cottonwood (Populus balsamifera), red alder (Alnus rubra), blackberry (Rubus armeniacus), salmonberry (Rubus spectabilis), stinging nettle (Urtica dioica), soft rush (Juncus effuses), and reed canary grass (I'halaris arundinacea). Soil pits excavated within the wetland revealed a sandy, loam soil and a matrix color of a chroma of 2 or less. Redoximorphic features were present. Using the Washington State Wetland Rating System for Western Washington (Washington State Department of Ecology publication number 04-06-025), the wetland would be rated as a Category IV wetland and scored 22 for functions. Again, According Threadgill/ A5-209 Sewall Wetland Consulting Inc December I, 2006 Page 7 to King County Ordinance 1505 J, Category IV wetlands in the urban portion of King County would typically have a 50 foot buffer in addition to a 15 foot BSBL. 4.0 Regulations In addition to the wetland regulations previously described for wetlands and streams, certain activities (filling and dredging) within "waters of the United States" may fall under the jurisdiction of the US Army Corps of Engineers (ACOE). The ACOE regulates all discharges into "waters of the United States" (wetlands) under Section 404(b) of the Clean Water Act. Discharges (fills) into isolated and headwater wetlands up to 0.5 (1/2) acre are permitted under the Nationwide 39 Permit (NWP 39). However, discharges that result in over 0.1 ( 1/10th) acre of fill (and less than 0.5 acres) will require "Notification" and mitigation at a ratio of I: I (minimum). Washington State Department of Ecology has placed Regional Conditions on the Nationwide 39 permit that are more restrictive than the national regulations. The limits of fill can be modified if the agencies conclude that ESA fisheries could be impacted by the proposed wetland or stream fill activities. Due to the increasing emphasis on Endangered Species Act compliance for all fills of Waters of the United State and Waters of the State, both the Corps of Engineers and Washington Department of Ecology should be contacted regarding permit conditions, compliance, and processing prior to commitment to any fill of wetlands or streams. Additionally, any work within the OHWM would require a HP A (Hydrologic Project Approval) permit which can be applied for by submitting a JARP A (Joint Aquatic Resource Permits Application). 5.0 Proposed Project The proposed project is the sub division of the property into 15 single family lots with associated storrnwater facility and infrastructure. As allowed by Code, Wetland A, an isolated Category 4 wetland <2,500sf in size is proposed to be filled with appropriate mitigation. To compensate for the fill of 1,03 lsf of Category 4 wetland, 2,557sf of wetland is proposed to be created by expanding Wetland B to the north. This area will be excavated out to an elevation to create wetland conditions. The area will then be planted with a mix of native trees and shrubs as well as some habitat features such as downed logs. Additionally, as allowed by Code (2 lA.24.325), the standard 50' buffer around wetland Band the creation area is proposed to be reduced to 25' using the measures to minimize impacts required under this section of Code. This includes; I. Directing lights away from the wetland 2. Placing noise generating activities away from the wetland 3. Treating all runoff on the site 4. Sending all treated runoff into the buffer of the wetland. Threadgill/ AS-209 Sewall Wetland Consulting Inc. December 1, 2006 Page 8 5. Fencing the buffer to discourage disturbance by humans and pets. 6. Utilizing Best Management Practices to manage for dust during construction. 7. Restoring the exiting degraded buffer area with a mix of native plantings. As depicted on the attached Conceptual Mitigation Plan, the creation area and the entire buffer around the wetland will be restored with native vegetation and habitat features. The proposed enlarged and enhanced wetland and buffer area will result in a higher value wetland than the existing disturbed feature currently present on the site. Following approval of this concept plan a final detailed mitigation plan will be prepared for review and approval by the County. If you have any questions or need any additional information please contact our office at 253.859.05 I 5 or by email at esewall@sewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall (PWS #212) President -Senior Wetland Ecologist REFERENCES Threadgill/ A5-209 Sewall Wetland Consulting Inc. December 1, 2006 Page 9 Cowardin, L., V. Carter, F. Golet, and E. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. US. Fish and Wildlife Service, FWS/OBS-79-31, Washington, D. C. Critical Areas Ordinance, King County, Washington. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi. Hitchcock, C. and A Cronquist. 1976. Flora of the Pacific Northwest. University of Washington Press, Seattle, Washington. Reed, P., Jr. 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). 1988. U. S. Fish and Wildlife Service, Inland Freshwater Ecology Section, St. Petersburg, Florida. Recd, P.B. Jr. 1993. 1993 Supplement to the list of plant species that occur in wetlands: Northwest (Region 9). USFWS supplement to Biol. Rpt. 88(26.9) May 1988. Snyder, D., P. Gale, and R. Pringle, Soil Survey, King County Area, Washington, USDA Soil Conservation Service, Washington, D.C., 1973. ROUTINE WETLAND DETERMINATION DATA FORJ\1 (Washington State Wetlands Ide11tificatio11 & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 Wt))// t,--1al (253) 859-0515 It Proiect Namc/#·~d I &g, //. A-~-;oc, c;/ 13/tJf, .~ Data Point: DP I Date: Investioator: ) A.il,.V:.l,/l Jr "J. Jurisdiction: j,{ ''II, 1·--.... ,,,., .... ' -State: I, ·1A A h-ical Analvsis: 1')/\J ProblemArea:A'/') ., I . ' VEGETATION Domina?1 plant s£'.:te.S , , . Stratum Indicator Coverage% , ff~ mn,,. r " w!-;: 7£?:]f:~i 11!¥ /~ c2 4. · W,; ft .Ji,_/ 5. i . 6. 7. 8. 9. 10. % of species OBL, FACWand/orFAC: Hydrophytic vegetation criteria met: Yes~arginal Comments: Mapped Soil Series: {'-,11) /h lUODcl SOILS~ On Hydric Soils List": Yes o Drainage Class: \:":: Depth(O in) Matrix color Redox concentrati'ardoior Texture L .=(in. 1/1~3/"I;, " II ZA-"1 1...(,2in. J).1 ?--7?- ' ill. - ill. - Organic soil_, Histic epipedon _, Hydrogen sulfide_, gleyed _, redox concentrations_, redox depletions_, pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil)_. {ii;) Hydric soil criteria met Yes)':Jg Basis: Comments: t< HYDROLOGY Recorded data_, inundation , saturation , watermarks ___ , drift lines ___ , sediment deposits ___ , drainage patterns . ~ Basis: Wetland hydrology criteria me . ~ o Comments: SUMMARY OF CRITERIA Soil Temp. at 19.7" depth: Growing Season": YIN Hydrophytic vegetation:J'.® Hydric soils:Metlan~~olog,(3;m: Data point meets the criteria of a jurisdictional wetland?: Yes ROUTINE WETLAND DETERMINATION DATA FORM (Washington State Wetlands Identification & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 Q ?t).f:lldJ1.ti It-(253) 859-0515 ProiectName'~· 1//111/f ~ JJj,l,. Date: .c:J t'J;,inr A lnvestioator: tf/,,tpJL.fl!_ 0/1 Data Point: r'i P '::, Jurisdiction: U ,' -'('; 11 n ,, , '' -' State: ~ ' , I' ./1 Ah-ical Ana]vsis: A Ir,/ Problem Arca: A V\\ ----i;;-,:_... ,. '/ -~ 0 -.... /V~ ' - VEGETATION Donr1s1'.~plant spe ies , J/1 I f1 . ,c... Stratum ~cator Coverage% !. , ,,t.,·L,, 1'1/!., '1> ' u 2. '; /,/1 . , I., i,)t), C '-. I 3. I u;;., ~;. .~,_ . """~ .-,fl ! • ·7-lAAi ;'vJ A, 7 '~ = ' 4. ,' 5. 6. 7. 8. 9. 10. % of species OBL, FACW and/orFAC: Hydrophytic vegetation criteria met: Yes N~ Comments: /h_ d SOILS Mapped Soil Series: ~JQrf NQ!L OnHydric Soils List?: Yes JW Drainage Class: c Depth(O in) Matrix co/of Redox concentration color Texture )bn. Ln '; c ~,_ t _ill. m. - m. - Organic soil_, Histic epipedon_, Hydrogen sulfide_, gleyed_, redox concentrations_, redox depletions_, pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil) Hydric soil criteria met: {;)No Basis: Comments: y_ HYDROLOGY Recorded data -, inundation , saturation , watermarks __ , drift lines __ , sediment deposits __ , drainage patterns . Wetland hydrtogy criteria.rt: rtfyo Basis: Comments: J)O ffi ?; ,.. 111 IJCU,U C;;> SUMMARY OF CRITERIA Soil Temp. at 19.7" deptl1: Growing Se~: YIN Hydrophytic vegetation: YIN Hydric soils. __ Wetland hydrolog@ Data point meets the criteria of a jurisdictional wetland?: Yes No ROUTINE WETLAND DETER..l\11NATION DATA FORM (Washi11gto11 State Wetla11ds Ide11tificatio11 & Deli11eatio11 Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 (jJ JJ( av( ell+, Proiect Namelli~Oi/ 1. /l A IJ J; ' (253) 859-0515 Date: 0/ I :2;; )()[ 1' 4:JA Q 1.,/ u'A Data Point: CP /. f lnvestioator: () )AA . .I' Jurisdiction: Ii r ,// I \.,.. [ i hl~1 IA• .. -,, , State: f J = An~ical Anal"sis: ,1 \r'\ Problem Area: '1 Jr, I ... 6 VEGETATION ~on~nt plan~ . Stratum -~ Coverage% ; #$_~ ' f§~~.~ 4. 5. 6. 7. 8. 9. 10. % of species OBL, FACW and/or FAC: Hydrophytic vegetation criteria met: Ye; ~arginal Comments: Mapped Soil Series:fJH.M '1 lQ (1_ {A SOILS On Hydric Soils List?: Yes @ Drainage Class: Depth(O in) i Matrix color Redox concentration color Texture /12in. - 1¥-.rn !t1;ft_£fg ill. - m. - Organic soil_, Histic epipedon_, Hydrogen sulfide_, gleyed_. redox concentrations_, redox depletions_, pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil)_.® Hydric soil criteria met: YeJ:fu Comments: Basis: HYDROLOGY Recorded data , inundation -, saturation , watermarks __ , drift lines __ , sediment deposits __ , drainage patterns . Wetland hydrology criteria met: Yes fig) Basis: Comments: SUMMARY OF CRITERIA Soil Temp. at 19.7" depth: Growing Season?· YIN Hydrophytic vegetation:..Y/[) Hydric soils:~and hydrology: :taf) Data point meets the criteria of a jurisdictional wetland?: Yes No ROUTINE \VETLAND DETERMINATION DATA FOR.~ (Washington State Wetlands Identification & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 UJ.ella u J g C I (' ,, (253) 859-0515 Date: ,;::;. 1 ,12)n ,c; Investi 0 ator: 'vn/,1 .. V\AJ.P'n Data Point: OPt Pro'ect Name/#7 h" A '1 .I I Jurisdiction: Ml ~ (1,i,; • '! T, elate: ,, 9.A-A"-ical Analvsis: ,,, J/'J Problem Area: ,f )ri u I VEGETATION Don~ ant plan~et;~ //Yi. A Stratum In9i}i'l2r Coverage% \. A A , , t",1 ' ' ' , 1/Vl - 2. ~~,-. ' -' // 7 3. . __ ,, .. 7 £, )-:;;,~ r,rh,. 'f,1, /1 ,. M "} " I 4. ~0/J" -1-, 1tr..' ,r V . . ' -.... 5. , .. ~ ,./ll ;JI•,_: L,G,l t:.-/JV'~ I. _::.1,1/".. v .., l./ 6. -;<,, .L ~ ,.. . ,. -, . '• ,;::,:.-0,t O Oh , 'I I a_ .,,·•i,-r 7. ,{ IA • _ .1:. _ vJ I n A-;, .. ---. ' " ,. I 8. 9. 10. % of species OBL, FACW and/or FAC: Hydrophytic vegetation criteria met: Yes @arginal Comments: Mapped Soil Series IJf dd.Ji.J..UQ()d SOILS On Hydric Soils List?: Yes Q Drainage Class: Depth(O in) ,!J,.atrix color Redox concentration color Texture !ilin. I 9 ~ !_ ?-N/g .,l(J 2 LLtm. : C. c :~) '.2;2 ' _m. in. - Organic soil_, Histic epipedon_, Hydrogen sulfide_, gleyed_, redox concentrations_, redox depletions_, pore linings_, iron concretions_, manganese concretions__, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil)_. Hydric soil criteria met: Yes No Basis: Comments: HYDROLOGY Recorded data _, inundation , saturation , watermarks __ , drift lines __ , sediment deposits ___ , drainage patterns . Wetland hydrology criteria met: Yes ~ Basis: Comments: SUMMARY OF CRITERIA Soil Temp. at 19.7" depth: Growing Season?: YIN ~ Hydrophytic vegetation:~ Hydric soils:~etland hydrology: '\l Data point meets the criteria of a jurisdictional wetland?: Yes No ROUTINE WETLAND DETERMINATION DATA FORM (Washington State Wetlands Identification & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street W.e:tt (I t1cl h Kent, Washington 98032 Pro'ectName/#:c; /1/ O ~ (253) 859-0515 Date: Vi/)-/(')(,., lnvestioator: ~/IJ'1.,-f'7W/Data Point: D,P.z Jurisdiction: ~.-·' State: I A' l "'1-N'-ical Analvsis: A V j Problem Area: ,( /,,1 {) tf VEGETATION Do~~~p~a;tJ~ehs, , , Stratum ~rf-Coverage% 1. . '{,,'c.. 2. lJ I ~. c...;. r:;,-;;~ . r,. (I fYll 1 ,,r. " I ~u·1 /_,. } 3. ~ n, /n ~,;, -...Jl j '. 4. '/ ,/f-.v'l/1,/l '1 ,,,., A.,,:: .A/Vl , I 5. rf1 A I C-Li IJ ., ),/'C,,',, ,M 1 / 1 I J/'./,, Ii 7_, ,;; -; ,/ ~~ ) ' 6. 7. 8. 9. 10. % of species OBL, FACWand/orFAC: Hydrophytic vegetation criteria met: Yes N@r0na9 Comments: r:4J.d yJ sons Mapped S01l Senes.e;/WW~On Hydnc S01ls List?: Yes "6) Drainage Class: Depth(O zn) D Matry;olor Redox ~ntration color Te.xture l}_m /_ ~ ,! 'v'\ ,t J]pi. --fL)-'b m. - m. - Organic soil_, Histic ep,pedon_, Hydrogen sulfide_, gleyed_, redox concentrations_, redox depletions~ pore linings_, iron concretions__, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy so~ Hydric soil criteria me : e No Basis: Comments: HYDROLOGY Recorded data , inundation , saturation , watermarks __ , drift lines ___ , sediment deposits __ , drainage - patterns Wetland hydrology criteria met: Y:i No Basis: ~ Comments: / )OJOA, , L /2 r"n.c.Jc SUM1\1ARY OF CRITERIA Soil Temp. at 19.7" depth: Growing Se~: YIN Hydrophytic vegetation:..Y(tl Hydric soils Wetland hydrolog@ Data point meets the criteria of a jurisdictional wetland?: Yes No ROUTINE \VETLAND DETERMINATION DATA FORM (Washington State Wetlands Identification & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 UJQr/ta_pd £ (253) 859-0515 Pro;ect Namef#y'IJIJ'/ I (11 f)J?_/J .1 5/,?/()( IJ f C, Date: Investioator: 9/,f O fi. Vi (fl/) Data Point:< ·")9;, Jurisdiction: f/~ VI'-('(!Jt I ,;1, ,_ State: ' IA Jrr A +u•,ical Anal~~s·i;: A-/,,., Problem Area· 'lrl 0 VEGETATION Don~(\t plan~ spt,es, , 1. ~' Of\ a ,,, /1 S Stratum I~rf Coverage% 2. 1/"1 /,l, ·-/1 I )JJ; CH ,A. t' II 'f'/-rr• ) , I 3. ,/',..,' ~, Y) (.· /) . ' 4. /. ., ... ~ :J ,/') ·"" .·":t ~' J ,I c..._ -f' , i..~-l,C- ~ '/' L' r' "-,, I, ,V Vi I) i M "',AA 0 .. "'; I" -5. 6. l.., f 7. 8. 9. 10. % of species OBL, FACWand/orFAC: Hydrophytic vegetation criteria met: Yes ~~in~ Comments: SOILS Mapped Soil Series: OnHydric Soils List?: Yes No Drainage Class: Depth(O in) Matrix cpl~ Redox concentration color Texture ~in. --;ft..(' l'l "C-~ ·j;f: /~ lll. - in. - Organic soil_, Histic epipedon~ Hydrogen sulfide_, gleyed_, redox concentrations~ redox depletions_, pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil) Hydric soil criteria me~o Basis: Comments: HYDROLOGY Recorded data , inundation -, saturation , watermarks __ , drift lines __ , sediment deposits ___ , drainage patterns . Wetland hydrology criteri<!:!ne~o3! ,Basis: ?Q0t.v;,; (( tO Comments: J · d.. d~ SUMMARY OF CRITERIA Soil Temp. at 19.7" depth: Growing S~: Y /N H ydrophytic vegetation: YIN Hydric soil · __ Wetland hydrologid}m_ Data point meets the criteria of a jurisdictional wetland?: Yes No ROUTINE WETLAND DETERMINATION DATA FORM (Washington State Wetlands Identification & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 uJtt ( (f11d l) (253) 859-0515 tiao,.lt 6-JL// .. ~ate: cf'/!~ ;:'7~nvestieator: 25h!}_{I.J1CJ//Data Point: {)f 1.../ Proiect Name/#: Jurisdiction: kl (/'il . , ( 'l.)n J f1',! .. JA .-<:tate: ' U' I-+-A"mical Analvsis: PIO Problem Area: /'I" I Ai ' 0 -_ .. VEGETATION Dominant plant specjes Stratum J,; icator Coverage% ]. /} A / 1 0 :,';) If/'• ,/AC. '../1 / / 2. A ./ ~ y f'J ,I"-, ;U J / / c;;.,,, "" '-. 1<'.V"'I I 1 ) 3. -Yf"JV , < I I , ", II.' A II '1J J AA A ·.1--I, /, , ' .A --,, (;, ('•.l.vlJ.il" I -,• ... 4. ,-,, 5. ' 6. 7. 8. 9. 10. % of species OBL, FACW and/orFAC: Hydrophytic vegetation criteria me~No Marginal Comments: Mapped Soil Series: ,-/l(__~(Ye;J SOILS On Hydric Soils List?: Yes~ Drainage Class: I Depth(O in) f Matrix_ color Redox concentration color Texture ~(/ _ ¥-'d/~ 0 ~I m. - _m. Organic soil_, Histic epipedon_, Hydrogen sulfide_, gleyed_, redox concentrations_, redox depletions_, pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soih) ~' organic pan (sandy soil) Hydric soil criteria met:~ Basis: Comments: HYDROLOGY Recorded data -, inundation , saturation , watermarks __ , drift lines __ , sediment deposits __ , drainage patterns Wetland hydrology c:/Jta:J.et; Yes No Basjs: Comments ;j J?J 111) Wa].t_._ e t.O I /((I LA - SUMMARY OF CRITERIA Soil Temp. at 19.7" dep~ Growing s0~: YfN Hydrophytic vegetation Hydric soil We~d hydrologl(9tl Data point meets the criteria of a jurisdictional wetland?: e No ROUTINE WETLA.i'ID DETERJVIINATION DATA FOMI (Washington State Wetlands Identification & Delineation Manual, 1997) B-12 WETLAND CONSULTING, INC. 1103 West Meeker Street Kent, Washington 98032 (253) 859-0515 Pro;ect Narnel#~hlJ. ~ ,I PL/£.., /J.Jl(I( d ,:11 cf B 5":;".'.?,)('ll~ Investioator: >Y(t(MM~DataPoint: (i,:::; Date: Jurisdiction: b', ml.: I 'Mi I M ",_ State: '.J JR A ~-ical Analvsis: II I /'I Problem Arca: R '/\ VEGETATION Stratum ~r+ Coverage% ' I J · i--o -r• 4. , / I) J'),-1 " ,., J '/'1, I, "'- 5. ?2..1, I ;,/J / ·,., / ,r.A-,,,,,,,,, n 1,1/.! /r"/1/\ 6. -c 7. __________________________________________ _ 8. ________________________________________ _ 9. __________________________________________ ~ 10. _______________________________________ _ % of species OBL, FACW and/or FAC:. _____ Hydrophytic vegetation criteria met:~Yueaas+61=o="'art,g"'il""ia"-l _______ _ Comments:. _______________________________________ _ ,J\ I fl I SOILS Mapped Soil Series: Y>f/... aUJ! /,(,)/JO c,\ On Hydric Soils List?: Yes efiIJ Drainage Class:. ___________ _ ~th(O in) /J Matrix color Redox concentration color Texture 0 .2r:: ,~~r'?w?-&/6 _in·----------'----------------------------------- 111. _________________________________________ _ Organic soil_, Histic epipedon _, Hydrogen sulfide_, gleyed _, redox concentrations_, redox depletions_, pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil):;-;' ,<. \ Hydric soil criteria met:~ Basis: _____________________________ _ Comments· .. _---------------------------------------- HYDROLOGY Recorded data_, inundation saturation ___ , watermarks __ , drift lines __ , sediment deposits __ , drainage patterns . ~ Wetland hydrology criteria met: YeB!sjs.:~ ------'~~--~.4---Jc------------------ Comments: ~ &<11. //,CJ,,,. vf 12-!,p.__ Z?( Ci SUMMARY OF CRITERIA Soil Temp. at 19.7" depth: Growing Season?· YIN Hydrophytic vegetation:J:W Hydric soils:~and hydrology: Y@ Data point meets the criteria of a jurisdictional wetland?: Yes No DRAFT WETLAND RATING FORM-WESTERN WASHINGTON Name of wetland (if known): /{l;;). f/j ,j /)/ Ji ///) Cj/(/{-, /J )f ·#( Ct .i'! () /+-, ~ I - Location: SEC:_ TWNSHP: _ RNGE: _ (attach map with outline of wetland to rating form) U/J /' --_, I Person(s) Rating Wetland: -;/,/1 /( /ki}f {/!.!Affiliation: 'i"'.-; , Date of site visit: i"_}: 13,1 ;--- DRAFT SUMMARY OF RATING Category based on FUNCTIONS provided by wetland I_ II_ m_ IV_ Category I= Score >70 Category II"' Score 51-69 Category III= Score 30-SO Category IV= Scare< 30 Score for Water Quality Functions Score for Hydrologic Functions Score for Habitat Functions TOTAL score for functions Category based on SPECIAL CHARACTERISTICS of wetland I_ II_ Does not Apply_ 6 '1 Final Category (,,,.,."''"high~•"'"''"'' !n>m ,l><>ve) 11[[. I Check the appropriate type and class of wetland beln~ rated. Wetland'Tvoe Wetland Class Estuarine Denressional 1,,,, Natural Herital!e Wetland Riverine Bot! Lake-frinl!e Mature Forest Slone Old Growth Forest Flats Coastal La<'oon Freshwater Tidal Interdunal None of the above V Wetland Rating Form-westom Washington August 2004 Does the wetland being rated meet any of the criteria below? If you answer YES to any of the questions below you will need to protect the wet1and according to the regulations regarding the special characteristics found in the wet1and, r~Mfi,,!f"',ti,::'' ,,_;,:It,;,!·,;.-:;: ' 1',.!:_;( fl . .'I •,i,·:< ~i'..:::::Jf:1.');'i!(/,"'.t.,i;lf.'7,'!,'rl\f"?' )f :S;i1l'IJ:.!if, ;'),: ,; -~it:-s1t,~j?{/Ji1rr,J$lf/R;"[>ll.~, ir':ii!W~\ /. ,;( c:i 1,1.~) K;1,1;, f.:) ,,.iJii,'l,'i\;\)1 W•f.\t!\'t!~W 'ii'! l_t\ •~(\ •\/~ V"!•X4 l,~t\i !l1iWl i t :if (•Ji(f (,,_~J t1~; '11)~~~\; )~t:'if !i!f f q, ~{}\i~'.(;J~ •• ~ }i ~t1!tfi~fi~1:~ti:,t;~.:\~1~;//~~: iWi~?tt{~~1{;1:Jt~:~*irr~ttlfttll~iill{~f:,~i&(·A~tfiif ~t1t.~·.~:~'.~t' t}i~~\f.{tj1~ i1ii~il~l-.;.a...:.:..,_ "'~., ... ...,,"°"'•'-·°''"''-••I• .,.1 •• ,. .a,~,_,.., .. ,,,.~•••,•,,,.,,.,., .,._.,,...,._, , .\,M, ,,.~ .,,,. •. ,..\., •~• '• SPl, Has the wetland been documented as a habitat for any Federally listed Threarened or Endang~ed plant or animal species (TIE species)? I For the puxposes of this rating system, "documented" means the wetland is on the aporopriate state or federal database. SP2. Has the wetland been documented as habitat for any State listed Threatened or Endangered plant or animal species? ~ For the puxposcs of this rating system, "documented" means the wetland is on the a-onronriate state database. SP3. Does the wetland contain individuals of Priorlt') species listed by the WDFW "/ for the state? ' SP4. Does the wetland have a local significance tn addttion to its functions? For I example, the wetland has been identified in the Shoreline Master Program, X. the Critical Areas O,dinancc, or in a local management plan as having special significance. · To complete the next part of the data sheet you will need to determine the Hvdrogeomorphic Class Q.fthe wetland being: rated The hydrogeomorphic classification groups wetlands into those that function in similar ways. This simplifies the questions needed to answer how well the wetland functions. The Hydrogeomorphic Class of a wetland can be determined using the key below. Seep. 24 for more detailed instructions on classifying wetlands. Wet!llld Rating Fenn -western W asbington August 2004 I Classification of Vegetated Wetlands fol' Western Washington Wetlan<lName: /f}f J1 0 l ,~) A-Date: ( 1. ~ water levels in the wetland usually controlled by tides (i.e. except during floods)? (~go to 2 YES -the wetland class is Tidal Fringe If yes, is the salinity of the water during periods of annual low flow below 0.5 ppt (parts per thousand)? YES -Freshwater Tidal Fringe NO -Saltwater Tidal Fringe (Estuarine) If your wetland can bu classified as a Freshwater Tidal Fringe use the forms for Riverine wetlands. If it ts Saltwater Tidal Fringe it Is rated as an Estuarine wetland. Wetlands that were called estuarine in the first and second editions of the rating system are called Salt Water Tidal Fringe in the Hydrogcomorphic Classification. Estuarine wetlands were categorized separately in the earlier editions, and this separation is being kept in this revision. To maintain consistency between editions, the tenn "Estuarine" wetland is kept. Please note, however, that the characteristics that define Category 1 and Il estuarine wetlands have changed (seep. ). 2. ~pography within the wetland flat and precipitation is only source (>90%) of water to it. ( NO _.::)o to 3 YES -The wetland class is FI.its '----·-If your wetland can be classified as a "Flats" wetlatl.d, use the form for Depressional wetlands. 3. Does the wetland meet both of the following criteria? _The vegetated part of the wetland is on the shores of a body of open water (without any vegetation on the surface) where at least 20 acres (8 ha) are permanently inundated (ponded or flooded); ~-___At least 30% of the open water a.ea is deeper than 6.6 ft (2 m)? ( Nq) go to 4 YES -The wetland class is Lake-fringe (Lacustrine Fringe) ,, ----- 4. Does the wetland meet all of the following criteria? _The wetland i. on a slope (slope can be very gradual), __ The water flows through the wetland in one direction (unidirectional) and usually comes from seeps. It may flow subsurface, as sheetflow, or in a swa\ewithout distinct banks. · _The water leaves the wetland without being impounded? NOTE: Surface water does not pond In these type of wetlands except occasionally in very small and shallow depressions or behind hummocks( depressions are usually ~ <Jft diameter and less than 1 foot deep). '. ~-goto 5 YES -The wetland class is Slope . s:tslbe wetland in a valley, or stream channel, where it gets inundated by overbank flooding from that stream or river? The flooding should occur at least once every two years, on the average, to ans r "yes. " The wetland can contain depressions that are filled with water when the rfver is l).ot'flo tng. · ( NO -o to 6 YES -The wetland class is Riverine Wetland Rating Form -w~stem W ashingion 3 August 2.004 6. ls the wetland in a topographic depression {n which water ponds, or is saturated to the surface, at some time of the year. This means that any outlet, if present. is higher than the interior of the wetland. / , NO -go to 7 ( ~sye wetland cl.ass is Dep.ressional . . 7. Is the wetland located-in a very flat area. with no obvious depression and no stream or nver running tbrough it and providing water. The wetland seems to be maintained by high groundwater in the ~<_'I'h~ wetland may be ditched, but has no obvious natural outlet. NO -go to 8 / YES -Jhe wetland class is Deprenional ~ 8. Your wetland seems to be difficult·to classify. For example, seeps at the base of a slope may grade into a riverine floodplain, or a. small stream within a depressiona.l wetland has a zone of . flooding along iu sides. Sometimes we find characteristics of several different hydtogeomorph1c classes within one wetland boundary. Use the following table to identify the appropriate class to use for the ra.ting system if you have several HGM classes prcsrnt within your wetland. NOTE: Use this table only if the class that is recommended in the second column represents 10% or mare of the total area of the wetland being rated, If the area of the second class is less than 10% classify the wetland using the first class. stream within boun Salt Water Tidal Fringe and any other class of freshwater wetland Treat as ESTUARINE under wetlands with special characteristics If you are unable still to determine which of the above criteria apply to your wetland, or you have more than 2 HGM classes within a wetland boundary, classify the wetland as Depressional for the rating. Wetla.1d Rating Form -western W 11Shington 4 August 2004 D D 1. Doei. the wetland have the potep~al to improve water qu11lity1 (see P· 38) D D D D D D 1.1 Characteristics of surface water flows out of the wetland: Wetland is a depression with no surface water outlet points= 3 Wetland has an intermittently flowing, or highly.constricted, outlet points"' 2 Wetland has an unconstricted surface outlet points"' 1 Wetland is flat and has no obvious outlet and/or outlet is a ditch oints = l D 1.2 The soil 2 inches below the surface is clay, organic, or smells anoxic (hydrogen sulfide or rotten eggs). YES points = 4 NO · oints= 0 D 1.3 Characterfatics of persistent vegetation (emergent, shrub, and/or forest class); Wetland has persistent, ungrazed, vegetation>= 95% of 11Iea points a 5 Wetland bu persistent, ungrazed, vegetation>= 1/2 of area points"' 3 Wetland has persistent, un~ed vegetation>=-1/10 ofatca points -l Wetland has e-rsistent un razed ve elation <l/10 of area oints = 0 D 1.4 Characteristics of seasonal ponding or inundation. This ts the area of the wetland that Is ponded for at least 2 months, but dries out sometime during the year. Do not count the area that is permanently ponded. Estimate area as the average condition S out of 10 yrs. Area 1easonally ponded is> Vi total area of wetland points"' 4 Area seasonally ponded is > V. total area of wetland points = 2 Arca seasonally ponded is< V. total area of wetland points =-0 NOTE: See text or indicators o seasonal and ermanent inundation .. Total for D 1 Add the points in the boxes above D D 2, Does the wetland have the opportunity to improve water quality? (seep. 44) Answer YES if you know or believe there are pollutants in groundwater or surface water coming into the wetland that would otherwise reduce water quality in streams, lakes or groundwater downgradient from the wetland? Note which of the following condittans provide the sources of pollutants. D -Grazing in the wetland or within 150 ft -Untreated ston:nwater discharges to wetland -Tilled fields or orchards within 150 ft of wetland -A stream or culvert discharges into wetland that drains developed areas, residential areas, farmed fields, roads, or clear-cut logging -Residential, urban areas, golf courses a:rewithin 150 ft of wetland -Wetland is fed by groundwater high in phosphorus or nitrogen -Other..,....,.,,--,------------ YES multi lier is 2 NO multi lier is 1 TOTAL· Wat~ Quality Functions Multiply the score from D l by D2 Add score to table on . 1 Wetland Rating Form-western Washington 5 August 2004 multi D D D D D 3. Does the wetland have the potential to reduce flooding and erosion7 see . 46 D 3.1 Characteristics of surface water flows out of the wetland Wetland has no surface water outlet points= 4 Wetland has an intermittently flowing, or highly constricted, outlet points "' 2 Wetland is flat and ha, no obvious outlet and/or outlet is a small ditch points= l Wetland has an unconstricted surface outlet oints = 0 D 3.2 Depth of storage during wet periods Estimate the height of ponding above the bottom of the out/el Marks of ponding are 3 ft or more above the surface points= 7 The wetland is a "headwater" wetland" points = 5 Marks of ponding between 2 ft to < 3 ft from surface points = 5 Marks are at least 0.S ft to< 2 ft from surface points= 3 Wetland is flat but has small depressions on the surface that trap water points= 1 Marks of ondin less than O.S ft oints = 0 D 3 ,3 Contribution of wetland to storage in the wa.tershed Estimate the ratio of the area of upstream basin contributing surface water to the wetland to the area of the wetland itself. The a.ca of the basin is leu than 10 times the area of wetland points= 5 The area of the basin is 10 to l 00 times the area of the wetland points = 3 The area of the basin is more. than 100 times the area of the wetland points= 0 Wetland is in the FLATS class asin • the wetland b definition oints = S Total for D 3 Add the points in the boxes above D D 4, Does the wetland have the opportunity to reduce flooding and erosion1 D (seep. 49) Answer YES if the wetland is in a location in the watershed where the flood storage, or reduction in water velocity, it provides helps protect downstream property and aquatic resources from.flooding or excessive and/or erosive flows. Answer NO if the water coming into the wetland is controlled by a structure such as flood gate, tide gate, flap valve, reservoir etc. OR you estimate that more than 90% of the water in the wetland is from groundwater. Note which ofthefollowtng indicators of opporruntty apply. -Wetland is in a headwater of a river or stream that has flooding pro b!ems -Wetland drains to a river or stream that has flooding problems -Wetland has no outlet and impounds surface runoff water that might otherwise flow into a river or stream that has flooding problems -Other. _____ _,,,, _______ _ YES multi lier is 2 NO multi lier is 1 TOTAL • Hydro o c Functions Multiply tho score from D 3 by D 4 Add score to tabla on p. 1 Wetland Ratini: Form-western W a.shington 6 August 2004 1-/ 3 multi _l 7 H 1. Does the wetland have the potential to provide habitat for many species? H 1.1 Vegetation structure (seep, 72) Check the types of vegetation classes present (as defined by Coward in) if the class covers more than I 0% of the area of rhe wetland or ~ acre. Aqua.tic bed TEmergent plants ~crub/shrub (areas where shrubs have >30% cover) ..'..._forested (afcas where trees have >30% cover) __Forested areas have 3 out of 5 strata (canopy, sub-canopy, shrubs, herbaceous, moss/ground-cover) Add the number of vegetation types.that qua/ijj,. If you have: H 1.2. Hydropcrjods (seep. 73) 4 types or more 3 types 2 types l t e points =4 points= 2 points= 1 oints = 0 Check the types of water regimes (hydroperiods) present within the wetland. The water regime has to cover more than 10% of the wetland or~ acre to count. (see text for descriptions of hydroperiods) __......Permanently flooded or inundated .1S,.Scasona1ly flooded or inundatccl __ Occasionally floocled or inundated _Saturated only 4 or more types present 3 types present 2 types present _ Permanently flowing stream or river in, or adjacent to, the wetland _ Seasonally flowing stream in, or adjacent to, the wetland _ Lake-fringe wetland = 2 points __Freshwater tidal wetland• 2 points points= 3 points= 2 point= 1 H 1.3. Richness of Pl apt Species (seep. 7S) Count the number of plant species in the wetland that cover at least 10 fil. (different patches of the same spectes can be combined to meet the size threshold) You do not have to name the species. Do not Include Eurasian Milfotl, reed canarygrass, purple loosestrife, Canadian Thistle If you counted: List species below if you want to: Wetland Ra!ing Fonn-west~rn Washington 13 > 19 species 5 -19 species < S species points~ 2 points"' 1 points= 0 August 2004 H 1.4. Interspersion of habitats (seep. 76) Decided from the diagrams below whether interspersion between types of vegetation (described in H 1.1), or vegetation types and unveget11.ted areas (can include open water or mudflats) is high, medium, low, or none. None• 0 points Low "' 1 point Moderate• 2 points ~ [riparian braided channels] High = 3 points NOTE: If you have four or more vegetation types or three vegetation types and o en water the ratin is alwa s "hi h". H 1.5. Special Habitat Features; (seep. 77) Check the habitat features that are present in the weiland. The number of checks ts 1 the number of points you put tnto the next column. --6._Large, downed, woody debris within the wetland (>4in. diall!Cter and 6 ft long). _Standing snags (diameter at the bottem > 4 inch~) in the wetland _Undercut billlks are present for at least 6.6 ft (2m) and/or overhanging vegetation extends at lea.st 3.3 ft (lm) over a stream for at least 33 ft (10m) __ Stable steep barucs of fine material that might be used by beaver or muskrat.for denning (>30degree slope) OR signs of recent beaver activity are present __At least 1A acre of thin-stemmed persistent vegetation or woody branches are present in areas that are permanently or seasonally iuundated.(structures for egg-laying by amphibians) _ Invasive plants cover Jess than 25% of the wetland area in each stratum of plants Comments H l, TOTAL Score. potential for providing habitat ·Add the scores in the column above Wetland Raring Fonn-westem Washington 14 August2004 i H 2, Does the wetland have the opportunity to provide habitat for many species1 'ii J\} .,f H 2. 1 Buffers (seep, 80) Choose the description that best represents condition of buffer of wetland. The highest scoring criterion that applies to the wet/and is to be used In the rating. See text for definition of "undisturbed," -100 m (330ft) of relatively undisturbed vegetated areas, rocky areas, or open water >9S% of circumference. No developed areas within undisturbed part of buffer. (relatively undi:iturbed also means no-grazing) Points .. 5 -I 00 m (330 ft) ofrelatively undisturbed vegetated areas, rocky areas, or open water > 50% circumference. Points "'4 -50 m (170ft) oftelatively undisturbed vegetated areas, 1ocky areas, or open water >95% circumference, Points= 4 -I 00 m (330ft) ofrelatively undisturbed vegetated areas, rocky areas, or open water > 25% circumference, . Points= 3 -50 m (170ft) of relatively undisturbed vegetated areas, rocky areas, or open water for> 50% circumference. Points= 3 If buffer doe, not meet any of the three criteria above -No paved areas (except paved trails) or buildings within 25 m (80ft) of wetland> 95% circumference. Light to moderi.te grazing, or lawns are OX. Points= 2 Ji.. No paved areas or buildings within SOm of wetland for >50% circumference. Light to moderate grazing, or lawns are OK. Points • 2 -Heavy grazing in buffer. Points= 1 -Vegetated buffers are <2m wide (6.6ft) for more than 95% of the circumference (e.g. tilled fields, paving, basalt bedrock extend to edge of wetland Points .. 0. -Buffer does not meet any of the criteria above. Points= 1 '--:o H 2.2 Corridors and Connections (seep. 81) H 2.2. ! Is the wetland part of a relatively undisturbed and unbroken vegetated corridor (either riparian or upland) that is at least 150 ft wide, has at least 30% cover of shrubs, forest or native undisturbed prairie, that connects to estuaries, other wetlands or undisturbed uplands that are at least 250 acres in size? (dams in riparian corrldors, heavtly used gravel roads, paved roads, are considered breaks In the corridor). ~-·-· ~ YES= 4 points (go to H 2.3) ( ~~ = to H 2.2.2 H 2.2.2 Is the wetland part of a relatively undis d unbroken vegetated corridor (either riparian or upland) that is at least 50ft wide, has at least 30% cover of shrubs or forest, and connects to estuaries, other wetlands or undistu:rbed uplands that are at least 25 acres in size? OR a Lake-fringe wetland, if it does not have an undisturbed corridor as in the question above? ~' YES= l points (go to H 2.3) NO= 2.2.3 H 2.2.3 Is the w~and: within 5 mi (8km) of a brackish or salt water estuary OR within 3 mi of a large field or pasture (>40 acres) OR within I mi of a lake greater than 20 acres? ~' D- YES= 1 uoint ( NO-O~oints Wetland Rating 'Follll -we,tem Washington 15 Augu.12004 H 2.3 Near or adjacent to otheruriority habitats listed by WDFW (seep, 82) Which of the following priority habitats are within 330ft (1 OOrn) of the wetland? (see text for a more detailed description of these priority habitats) _Riparian: The area adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. _Aspen Stands: Pure or mixed stands of aspen greater than 0.8 ha (2 acres). _Cliffs: Greater than 7 .6 m (25 ft) high and occurring below 5000 ft. _Old-growth fore&ts: (Old-growth west of Cascade crest) Stands of at least 2.tree species, forming a multi-layered canopy with occasional small openings; with at least 20 trees/ha (8 u-ees/acre) > 81 cm (32 in) dbh or> 200 years of age. _Mature forests: Stands with average diameters exceeding S3 cm (21 in) dbh; crown cover may be lc:&s that l 00%; crown cover may bo less that 100%; decay, decadence, numbm of snags, and quantity of large downed material is generally less than that found in old-growth; 80. 200 years old west of the Cascade crest. _Prairies: Relatively undisturbed areas (as indicated by dominance of native plants) where grasses and/or forbs form the natural climax plant community. _Talus: Homogenous areas of rock rabble ranging in a.verago size 0.1S -2.0 m (0.5 • 6.5 ft), composed of basalt, andesite, and/or sedimentary rack, including riprap slides and mine tailings. May be associated with cliffs. _Caves: A naturally occurring cavity, recess, void, or system of interconnected passages _Oregon white Oak: Woodlimds Stands ofpuro oak or oak/conifer associations where canopy coverage of the oak component of the stand is 25%, _Urban Natural Open Space: A priority species resides within or is adjacent to the open space and uses it for breeding and/or regular feeding; and/or the open space functions as a corridor connecting other priority habitats, especially those that would oth~ise be isolated; and/or the opon space is an isolated remnant of natural habitat larger than 4 ha (10 acres) and is surrounded by urban development. _Elltuary/Estuary-like: Deepwater tidal habitats and adjacent tidal wetlands, usually semi-enclosed by land but with open, partly obstructed or sporadic access to the open ocean, and in which ocean water is at least occasionally diluted by freshwater tunoff ftom the land. The salinity may be periodic..lly increased above that of the open ocean by evaporation. Along some low-energy coastlines there is appreciable dilution of sea. water. Estuarine habitat extends upstream and landward to where ocean-derived salts measure less than 0.5% during the period of average annual low flow. Includes both estuaries and lagoons. _Marine/Estuarine Shorelines: Shorelines include the intertidal and subtidal zones ofbeaches, and may also include the backshore and adjacent components of the terrestrial landscape (e.g., cliffs, snags, mature trees, dunes, meadows) that are important to shoreline associated fish and wildlife and that contribute to shoreline function (e.g., sand/rock/log recruitment, nutrient contribution, erosion control). If wetland has 3 or more priority habitats • 4 pain ts If wetland has 2 priority habitats .. 3 points If wetland has 1 riori habitat -..1 oint No habitats= O oints Wetland RatingFonn-western Wuhineton 16 A\lgust 7.004 ;"' i) H 2.4 Wet)and Landscape (choose the one de.script/on of the landscape around the wetland that best fits) (seep, 84) There a.re a.t least 3 other wetlands within Yi mile, and the connections between them are relatively undisturbed (light grazing between wetlands OK, as is lake shore with I some boa.ting, but connections should NOT be bisected by paved roads, fill, fields, or other development. points = 5 The wetland is Lake-fringe on a lake with little disturbance and there are 3 other lake- fringe wetlands within 1/, mile points"' 5 There a.re at least 3 other wetlands within Vi mile, BUT the connections between them are disturbed points= 3 The wetland is Lake-fringe on a lake with disturbance and there a.TI: 3 other lake- fringe wetland within Yi mile points= 3 There is at least 1 wetland within Yi mile. points= 2 There a.re no wetlands within \,S mile. points= 0 1- H 2. TOTAL Score -opportunity for providing habitat ; I Add the scores in the column above L-f Total Score for Habitat Functlon11 -add the points for H l, H 2 and record the result on '.A' ll. l '/ Wetland Rating F onn -west em W ashingten 17 August '2004 - DRAFT WETLAND RATING FORM-WESTERN WASHINGTON Name of wetland (ifknown): /; )t) ( {;1 1// 11 {?:; 1 1M/I f I! 1/1)//) 1{/),t.J/ /1 I r.r · ; Location: SEC:_ TWNSHP: _ RNGE: _ (attach map with outline of wetland to rating fonn) ~ I. D '~;., Person(s) Rating Wetland: V,.» J // Jf Y/\ Affiliation:D , c_. Date of site visit:_ DRAFT SUMMARY OF RATING Category based on FUNCTIONS provided by wetland I_ Il_ Ill_ IV_ Category I= Score >70 Category Il"' Score 51-69 Category m"' Score 30-50 Category IV -Score< 30 Score for Water Quality Functions Score for Hydrologic Functions Score for Habitat Functions TOTAL score for functions Category based on SPECIAL CHARACTERISTICS of wetland I_ n_ Does not Apply_ /0 Final Category (choose the "highest" category from above) I J}Z I Check the appropriate type and class of wetland being rated. Wetland·Tvoe Wetlalld Class Estuarine Denressional Natural Heritarre Wetland Riverine Bo2 Lake-frini,e Mature Forest Slone Old Growth Forest Flats Coastal La,rnon Freshwater Tidal Interdunal Nooe of the above W ot\and Rating Fotm -wes!Wl Washing ton August 2004 Does tb.e wetland being rated meet any of the criteria below? If you answer YES to any of the questions below you will need to protect the wet1and according to the regulations regarding the special characteristics found in the wetland. SPl. Has the wetland been documented as a habitat for any Federally listed Threatened or Endangered plant or .animal species (TIE species)? For the purposes of this rating system, "documented" means the wet1and is on the aJJproJJriate state or federal databas11. SP2. Has the wetland been documented as habitat for any State listed Threatened or Endangered plant or antmal species? For the purposes of this rating system, "docuraented11 means the wetland is on the a1:ioropriate state database. SP3. Does the wetland contain iridtvtdua/s of Prtorit'} species listed by the WDFW for the state? SP4. Does the wetland have a local significance In addition to ttsfimctlons? For example, the wetland has been identified in the Shoreline Master Program, the Critical Areas Ordinance, or in a local management plan as having special significance. To complete the next part of the data sheet you will need to determine the Hydro'leomorphic Class q,fthe wetland being rated. The hydrogeomorphic classification groups wetlands into those that function in similar ways. This simplifies the questions needed to answer how well the wetland functions. The Hydrogeomorp hie Class of a wetland can be dete!'!llined using the key below. See p. 24 for more detai1ed instructions on classifying wetlands. Wetla.nd Rating F onn -we&tern W asbingtcn 2 August 2004 Classification of Vegetated Wetlands for Western Washington WeUandName: {))j){(Jl,ld _f__., Date: ,' J 13)oc-:- l. ~. . . . ter levels in the wetland usually controlled by tides (i.e. except during floods)? r ~~ to 2 YES -the wetland class is Tidal Fringe -If yes, is the salinity of the water during periods of annual low flow below 0.5 ppt (partqier thousand)? YES-Freshwater Tidal Fringe NO-Saltwater Tidal Fringe (Estuarine) If your wetland can be classified as a Freshwater Tidal Fringe use the forms for Riverine wetlands. If it Is Saltwater Tidal Fringe It Is rated as an Estuarine wet/and. Wetlands that were called estuarine in the first and second editions of the tating system ate called Salt Water Tidal Fringe in the Hydrogeomorphlc Classification. Estuarine wetlands were categorized separately in the earlier editions, and this separation is being kept in this revision. To maintain consistency between editions, the term "Estuarine" wetland is kept. Please note, however, that the characteristics that define Category 1 and II estuarine wetlands have changed (seep. ). 2. I~~pography within the wetland flat and precipitation is only source (>90%) ofwaier to it. 1• NO :J go to 3 YES -The wetland class is Flats "~-- If your wetland can br: classified as a "Flats" wetland, use the fonn for Depressional wetlands. 3. Does the wetland meet both of the following criteria? _The vegetated part of the wetland is on the shores of a body of open water (without any vegetation on the surface) where at least 20 acres (8 ha) a.e permanently inundated (ponded or flooded); ,47 _At least 30% of the open water area is deeper than 6.6 ft (2 m)? , N~ go to 4 YES -The wetland class is Lake-fringe (Lacustrine Fringe) 4;Dtfos the wetland meet all of the following criteria? _The wetland ia on a slope (slope can be very gradual), __ The water flows through the wetland in one direction (unidirectional) and usually co~s from seeps. It may flow subsurface, as sheetflow, or in a swale without distinct banks. · _The water leaves the wetland without being impounded? NOTE: Surface water does not pond In these type of wetlands except occasionally in very small and shallow depressions or behind hummocks( depressions are usually ~. <3ft diameter and less than I foot deep). l,.Nu) go to S YES -The wetland class is Slope ~-~~ . 5. Is the wetland in a valley, or stream channel, where it gets inundated by overbank flooding from that stream or river? The flooding should occur at least once every two years, on the average, to answer ''yes." The wetland can contain depressions that arejllled with water when the rfver is n;xfe?odlng. · (NO 7 go to 6 YES -The wetland class is Riverine Wetland Rating F om -western Washingt0n 3 August 2004 6. Is the wetland in a topographic depression fo which water ponds, or i.s saturated to the surface, at some time of the year. Thts means that any outlet, if pre.sent, is higher than the interior of the w~~~~o to 7 ~;~iie wetland class is Depressional 7. Is the wetland located in a very flat area with no obvious depression and no stream or river running through it and providing water. The wetland seems to be maintained by high groundwater in the area. The wetland may be ditched, but has no obvious namral outlet. NO -go to S YES -The wetland class is Deprenional 8. Your wetland seems to be difficult·to classify. For example, seeps at the base of a slope may grade into a riverine floodplain, or a small stream within a deprcssional wetland has a zone of flooding along ita sides. Sometimes we find characteristics of several differenthydrogeomorphic classes within one wetland boundary. Use the following table to identify tho appropriate class to use for the rating system if you have several HGM classes present within your wetla.nd. NOTE: Use this table only if the clau that is recommended in the second column represents 10% or more of the total area of the wetland being rated. If the area. of the second class is less than 10% classify the wetland using the first class. Salt Water Tidal Fringe: and any other class of :freshwater wetland Treat as ESTUARI~'E under wetlands with special characteristics If you are unable still to determine which of the above criteria apply to your wetland, or you have more than 2 HGM classes within a wetland boundary, classify the wetla.nd as Depressional for the rating. Wetland Rating Form-western Washingt<Jn 4 August 2004 D D D D D D l. l Characteristics of surface water flows out of the wet1and: Wetland is a depression with no surface water outlet pofots = 3 Wetland ha.a an intemiittently flowing, or highly.constricted, out1et points .. 2 Wetland has an unconstricted surface outlet points = 1 Wetland is flat and has no obvious outlet and/or outlet is a ditch oints = l D l.2 The soi1 2 inches below the surface is clay, organic, or smc1ls anoxic (hydrogen sulfide or rotten eggs). YES points = 4 NO oints= 0 D 1.3 Characteristics of persistent vegetation (emergent, shrub, and/or forest class): Wet1and bas persistent, ungrazed, vegetation>= 95% of area points -5 Wetland hu persistent, ungrazed, vegetation > = 1/2 of area points "" 3 Wetland bas persistent, ungrazed vegetation>= 1/10 of area points .. 1 Wetland has ersistent un razed ve elation <l/10 of area oints = 0 D 1.4 Characteristics of seasonal ponding or inundation. This is the area of the wetland that Is ponded for ar least 2 months, but dries out sometime during the )'ear. Do not count the area that is permanently ponded. Estimate area as the average condition S out of l O yrs. Area. sea.so11ally ponded is> Vi total area of wetland points= 4 Area seasonally ponded is> 1A total area of wetlmd points= 2 Area sea.sonally ponded is<~ total area ofwet1and points = 0 NOTE: See text or indicators o seasonal and ermanent inundation .. Total for D 1 Add the points in the boxes above D D Z, Doea the wetland have the opportunity to improve water quality~ (seep. 44) Answer YES if you 'know or believe there are pollutants in groundwati::r or surface water coming into the wetland that would othOJWise reduce water quality in streams, lakes or groundwater downgradic:nt from the wetland? Note which of the following conditions provide the sources of pollutants. D 0 Grazing in the wetland or within 150 ft :h. U11treated stormwater discharges to wetland -Tilled fields or orchards within 150 ft of wetland -A stream or culvert discharges into wetland that drains developed areas, residential areas, farmed fields, roads, OT clear-cut logging -Residential, urban areas, golf courses are within 150 ft of wetland -Wetland is fed by groundwater high in phosphorus or nitrogen -Other, ____________ _ YES multi lier is 2 NO multi lier is 1 TOTAL-Water Quality Functions M'Ultiply the score from D 1 by D2 Add score to table on . 1 Wetland Rating Fonn-westem Washington s August 2004 mult' I () D D D D D 3, Does the wetland have the pottntlal to reduce flooding and erosion? see . 46 D 3. 1 Cha.acteristics of surface water flows out of the wetland Wetland has no surface water outlet points= 4 Wetland has an intermittently flowing, or highly constricted, outlet points .. 2 Wetland is flat and ha.s no obvious outlet and/or outlet is a small ditch points= l Wetland has an unconstrictcd surface outlet oints = 0 D 3.2 Depth of storage during wet periods Estimate the heigh1 of ponding above the bottom of the outlet Marks of ponding are 3 ft or more above the surface points= 7 The wetland is a "headwater'' wetland" points = 5 Marks of ponding between 2 ft to < 3 ft from surface points "' 5 Marks are at least 0.5 ft to < 2 ft from surface points = 3 Wetland is flat but has small depressions on the surface that trap water points= l Marks of ondin less than 0.5 ft oints = 0 D 3.3 Contribution of wetland to storage in the watershed Estimate the ratio of the area of upstream bastn contributing surface water to the wetland to the area cf the wetland it.elf. The area of the basin is !en than 10 times the area. of wetland points= 5 The area of the basin is 10 to 100 times the area of the wetland points= 3 The area of the basin is more than 100 times tho area. of the wetland points= 0 Wetland is in the FLATS class asin .. tho wetland b definition oints = 5 Total for D 3 Add the points in the boxes above D D 4, Does the wetland have the opportunity to reduce nooding and erosion? D (seep. 49) Answer YES if the wetland is in a location in the watershed where the flood storage, or reduction in water velocity, it provides helps protect downstream property and aquatic resources :fromflooding or excessive and/or erosive flows. Answer NO if the water coming into the wetland is controlled by a structure such a& flood gate, tide gate, flap valve, reservoir etc. OR you estimate that more than 90% of the water in the wetland is from groundwater. Note which of thefollowtng indicators cf opportunity apply. -Wetland is in a headwater ofa river or stream that has flooding problems -Wetland drains to a river or stream that has flooding problems -Wetland has no outlet and impounds surface tunoffwater that might otherwise flow_ into a river or stream that has flooding problems -Other. ______________ _ YES multi lier is 2 NO multi lier is 1 TOTAL • Hydrolo&ic Functions Multiply the score from D 3 by D 4 Add ,core to table on p. 1 Wetlmd Ratinl: Fann -western Washington 6 AU&',J,t 2004 a ') / multi] H 1. Does the wetland have the potentiaj to provide habitat for many species? H 1.1 Vegetation structure; (seep, 72) Check the types of vegetation classes present (as defined by Cowardin) if the class covers more than I 0% of the area of the wetland or !I. acre. _Aquatic bed J::._.Emergent p !ants J:::...Scrub/shrub (areas where shrubs have >30% cover) __Forested (a:reas where trees have >30% cover) __Forested areas have 3 out of S strata (canopy, sub-canopy, shrubs, herbaceous, moss/ground-cover) Add the number of wsgetarton types that qualify. If you have: H 1.2. Hydrnperiods (seep. 73) 4 types or more 3 types 2 types 1 e points= 4 points= 2 points"' 1 oints" 0 Check the types of water regimes (hydroperiods) present within the wetland. The water regime has to cover more than 10% of the wetland or !I. acre to count. (see text for descrlptlons of hydro periods) _Pernnnently flooded or inundated _seasonally flooded orinundatcd ___L__Qccasionally flooded or inundated Xsaturatcd only 4 or more types present 3 types present 2 types present _ Permanently flowing stream or river in, or adjacent to, the wetland _ Seasonally flowing stream in, or adjacent to, the wetland _Lake-fringe wetland -= 2 points __Freshwater tidal wetland"' 2 points points= 3 points"' 2 point= l H 1.3. Richness of PJam Species (seep. 7S) Count the number of plant species in the wetland that cover at least 10 fr. (different patches of the same spectes can be combined to meet the size threshold) You do not have to name the species. Do not include Eurasian Miifotl, reed canarygrass, purple loosestrife, Canadian Thtstle If you counted: List species below if you want to: Wetland Rating Form-western Wa.&hington 13 > 19 species 5 • 19 species < S species points= 2 points= l points= 0 A~~st 2004 H 1.4. Interspersion of habitats (seep. 76) Decided from the diagrams below whether interspersion between types of vegetation (descnlled in H 1.1), or vegetation types and unvegetated areas (can include open water or mudflats) is high, medium, low, or none. None• 0 points Low= 1 point Moderate• 2 points ~ [riparian braided channels] High ~ 3 points NOTE: If you have four or more vegetation types or three vegetation types and o en water the ratin is alwa s "hi h". H 1.5. Special Habitat Features: (seep. 77) Check the habitat features that are present in the wetland. The number of checks is the number of points you put Into the next column. _Large, downed, woody debris within the wetland (>4in. diameter and 6 ft long), _Standing snags (diameter at the bottom> 4 inches) in the wetland _Undercut balllcs arc present for at least 6. 6 ft (2m) and/or overhanging vegetation extends at least 3.3 ft (lm) over a stream for at least 33 ft (10m) _Stable steep banks of tine material that might be used by beaver or wuskrat. for denning (>30degree slope) OR signs of recent beaver activity are present __}.t least V. acre of thin-stemmed persistent vegetation or woody branches are present in areas that are permanently or seasonally inundated. (structures for egg-laying by amphibians) _ Invasive plants cover less than 25% of the wetland area. in each stratum ofp\a.nts Comments H l, TOTAL Score -potential for providing habitat ·Add the scores in the column above Wetland R.alingFol'lll-Westem Washlngton 14 August2004 I \ u L) H 2. Does the wetland have the opportunity to provide habitat for many species? H 2.1 Buffers (seep. 80) Choose the description that best repre.sents condition of buffer of wetland. The highest scoring criterion that app/tes to the wetland ii to be used In the rating. See text for definition of "undisturbed. " -100 m (330ft) of relatively undisturbed vegetated areas, rocky areas, or open water >95% of circumference. No developed areas within wdisturbed part of buffer. (relatively undisturbed also means no-grilZing) l'oints'" 5 -100 m (330 ft) of relatively undisturbed vegetated areas, rocky areas, or open water > SO% circumference. Points .. 4 -SO m (170ft) of relatively undisturbed vegetated areas, rocky areas, or open water >95% circumference. Points= 4 -100 m (330ft) ofrelatively undisturbed vegetated areas, rocky areas, or open water > 25% circumference, , Points = 3 -SO m (170ft) ofrelativcly undisturbed vegetated areas, rocky areas, or open water for> SO% circumference. Points "' 3 If buffer does not meet any of the three criteria above -No paved areas (except paved trails) or buildings within 2S m (80ft) of wetland> 95% circumference. Light to moderate grazing, or lawns are OK. :Points = 2 h_No paved \J?Cas or buildings within SOm of wetland for >SO% circumference. Light to moderate grazing, or lawns are OK. l'oiuts • 2 -Heavy grazing in buffer. Points = 1 -Vegetated buffers are <2m wide (6.6ft) for more .than 95% of the circumference (e.g. tilled fields, paving, basalt bedrock extend to edge of wetland :Points= 0. -Buffer does not meet any of the criteria above. Points '"' 1 H 2.2 Comdors and Connectjons (seep. 81) H 2.2. l Is the wetland part of a relatively undisturbed and unbroken vegetated corridor (either riparian or upland) tha.t is at least 1SD ft wide, has at least 30% cover of shrubs, fore,t or native undisturbed prairie, that connects to estuaries, other wetlands or undisturbed uplands that are at least 250 acre, in size? (dams in riparian corridors, heavily used gravel roads, paved roads, are considered breaks In the YES = 4 points (go to H 2.3) NO go to H 2.2.2 corridor). ~ H 2.2.2 Is the wetland part of a relatively undis and unbroken vegetated corridor (either riparian or upland) that is at least 50ft wide, has at least 30% cover of shrubs or forest, and connects to estuaries, other wetlands or undisturbed uplands that are at least 2S acres in size? OR a Lake-fringe wetland, if it does not have an undisturbed corridor as in the question above? (",.~TT YES= 2 points (go to H 2.3) ~ 2.2.3 H 2.2.3 Is the wetland: within S mi (8km) of a brackish or salt water estuary OR within 3 mi of a large field or pasture (>40 acres) OR within I mi of a lake greater than 20 acres? ~ (.· .. ~. ) YES= 1 noint ( NO ~ 0 noints Wetland Rating Form -we.wm W ashingtan 15 Augus\ 2004 H 2.3 Near or adjacent to other priority habitats 1isted by WDFW (see P• 82) Which of the following priority habitats are within 330ft (100m) of the wetland? (see te;ctfor a more detatled description of these priority habitats) _Riparian: The area adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. _Aspen Stands: Pure or mixed stands of aspen greater than 0.8 ha (2 acres). _Cliffs: Greater than 7 .6 m (25 ft) high and occurring below 5000 ft. _Old-growth forests: (Old-growth west of Cascade crest) Stands of at least 2 tree species, forming a multi-layered canopy with occasional small openings; with at least 20 trees/ha (8 u-ees/acre) > 81 cm (32 in) dbh or> 200 years of age. _Mature forests: Stands with average diameters exceeding 53 cm (21 in) dbh; crown cover may be less that 100%; crown·covcr may be less tha.t 100%; decay, decadence, numbers of snags, and quantity of large downed ma.tcrlal is generally less than that folll'.ld in old-growth; SO. 200 years old west of the Cascade crest. _Prairies: Relatively undisturbed areas (as indicated by dominance of native plants) where grasses and/or forbs form the natural climax plant community. _Talus: Homogenous areas of rock tubble ranging in a.vera.go size 0.15 • 2.0 m (0.5 • 6.5 ft), composed of basalt, andcsite, and/or sedimentary rock, including rlpra.p 6lides and mine tailings. May be associated with cliffs. _caves: A naturally occurring cavity, recess, void, or system of interconnected passages _Oregon white Oak: Woodlands S1ands of pure oak or oak/conifer associations where canopy coverage of the oak component of the stand is 25%, _Urban Natul"al Open Space: A priority species resides within or is adjacent to the open space and uses it for breeding ancl/or regular feeding; ancl/or fue open space functions as a corridor connecting other priority habitats, especially those that would otherwise be isolated; and/or the open space is an isolated remnant of natural habitat larger than 4 ha (10 acres) and is surrounded by urban development. _Estuary/Estuary-like: Deepwater tidal habitats and adjacent tidal wetlands, usually semi-enclosed by land but with open, partly obstNctcd or sporadic access to the open ocean, and in which ocean water is at least occasionally diluted by freshwater runoff from the land. The salinity may be periodically increased above that of the open ocean by evaporation. Along some low-energy coastlines there is appreciable dilution of sea water. Estuarine habitat extends upstream and landward to where ocean-derived salts measure less than 0.5% during the period of average annual low flow. Includes both ostua.ies and lagoons. _ __,Marine/Estuarine Shorelines: Shorelines include the intertidal and subtidal zones of beaches, and may also include the backshore and adjacent components of the terrestrial landscape (e.g., cliffs, snags, mature trees, dunes, meadows) that are important to shoreline associated fish and wildlife and that contribute to shoreline function (e.g., sand/rock/log recnutment, nutrient contribution, erosion control). If wetland ha.s 3 or more priority habitats• 4 points If wetland has 2 priority habitats• 3 points If wetland has l t>rloritv habitat"' 1 noint No habitats= 0 noints Wetland Rating Form-western Washington 16 August 2004 H 2.4 Weyland Landscj\pe (choose the one description of the landscape around the wetland that best fits) (seep. 84) · There are at least 3 other wetlands within Va mile, and the connections between them are relatively undisturbed (light grazing between wetlands OK, as is lake shore with some boating, but connections should NOT be bfaected by paved roads, fin, fields, or other development. points = 5 The wetland is Lake-fringe on a lake with little disturbance and there are 3 other lake- fringe wetlands within Yi mile points .. 5 There are at least 3 other wetlands within Va mile, BUT the connections between them are disturbed points., 3 The wetland is Lake-fringe on a lake with disturbance and there are 3 other lake· friuge wetland within Yi mile points= 3 There is at least l wetland within 1/: mile. points"' 2 There are no wetlands within Yi mile. points"' 0 -C c:..,--- H 2. TOTAL Score. opportunity for providing habitat Add the scores in the column above i--j Total Score for Habitat Function, -a.dd the points for H 1, H 2 and record the result on i ll. l Wetland Ratini Form -we stem W ashini\()n 17 A\lgUst 2004 - LUAOB-125 THREADGILL PRELIMINARY PLAT 15-LOT PRELIMINARY PLAT APPROVED BY KING COUNTY WITH 5 TRACTS (2 STORM DRAINAGE, 1 RECREATION, 1 ACCESS AND 1 SENSITIVE AREAS/WETLAND TRACT). FINAL PLAT TO BE SUBMITIED TO RENTON FOR PROCESSING. THIS PROJECT WAS VESTED ON 10/10/06 TO THE KING COUNTY CODE IN EFFECT AT THAT TIME. ISSAQUAH SCHOOL DISTRICT. THE PROJECT'S MDNS WAS APPEALED BY CARE ON 11/9/07. PROJECT SITE HAS 2 WETLANDS, ONE 1,031 SQ. FT. CATEGORY 4 WETLAND TO BE FILLED AND ONE 4,572 SQ FT WETLAND TO BE RETAINED AND EXPANDED BY 2,S57 SQ. FT. AS COMPENSATION FOR THE OTHER ONE BEING FILLED. A BUFFER REDUCTION WAS PROPOSED PER KCC SECTION 21A.24.325 TO ALLOW THE REMAINING WETLAND TO HAVE A 25' FOOT BUFFER REDUCTION FROM THE STANDARD 50' FOOT MINIMUM BUFFER. HEARING EXAMINER RECOMMENDED APPROVAL OF THE PLAT ON JAN 29, 2008. THE PLAT WAS NOT SENT ON TO THE COUNCIL. 2-5-2010: PLANNING DIRECTOR DETERMINED THAT THE 5 YEAR PRELIMINARY PLAT PERIOD OF VALIDITY SHOULD START FROM THE DATE OF HEARING EXAMINER RECOMMENDATION OF APPROVAL AND THAT THE PLAT DID NOT NEED TO BE SENT ON TO COUNCIL SINCE OUR PROCESS HAD RECENTLY CHANGED SO THAT THIS WAS NOT REQUIRED ANY LONGER. AS OF 1/10, NO STREET/UTILITIES PERMITS HAD BEEN SUBMITIED.