HomeMy WebLinkAboutMisc1, Wetla#0Womroes,l#r
1 Delineation / Mitigation / Restoration / Habitat Creation I Permit Assistance 9505 19th Avenue S.E.
f' Suite 106
Everett, Washington 98208
(425) 337-3174
Fax (425) 337-3045
WETLANDS STREAMS AND SUFFER MITIGATION FLAN
FOR '
DR HORTON — CA VALLA
REN TON, WA
Wetland Resources, .Inc. Project #12167
Prepared $x
Wetland Resources, Inc.
9505 19th Avenue SE, Suitc 106
Everett, NVA 98208
(425) 337-3174
Prepared For
DR Horton
Attn: Jennifer Reiner
12931 NE 126th Pl
Kirkland, WA 98034
August 28, 2012
Revsion: September 28, 2012
�
TABLE OF CONTENTS
SITE DESCRIPTION
PROJECT DESCRIPTION & PROPOSED MITIGATION
SEWER ALIGNMENT ALTERNATIVE ANALYSIS
2
WETLAND AND STREAM FUNCTIONS AND VALUES ASSESSMENT
4
BUFFER RESTORATION
4
WETLAND RESTORATION
5
UN -ENGINEERED POND ENHANCEMENT
5
BUFFER ENHANCEMENT
6
ADDITIONAL TREE PLANTING
6
GRASS SEEDING
6
PROJECT NOTES
7
PLANTING NOTES
7
TEMPORARY EROSION AND SEDIMENTATION CONTROL (TESL)
10
CONTINGENCY PLAN
10
MAINTENANCE
11
PROJECT MONITORING
12
PROJECT SUCCESS AND COMPLIANCE
13
USE OF THIS REPORT
14
REFERENCES
15
STREAM, WETLAND AND BUFFER MITIGATION PLAN MAI'
SHEET I/ 1
SITE DESCRIPTION
On August 16, 2012 Wetland Resources, Inc. conducted a site visit on the unimproved right of way
(ROW) of 162nd Ave SE, in the City of Renton, WA. The site is located as a part of Section 14,
Township 23N, Range 05E, W.M. The purpose of this site visit was to view the wetland and
stream previously delineated by B12 and Associates on September 12, 2001 and September 28,
2004, and to analyze impact associated with the clearing and grubbing of the ROW. The ROW
was cleared and grubbed in preparation for the approved utility installation.
Access to this site is either from the north via the improved portion of 162nd Ave SE or to the
south at the intersection of the unimproved ROW and SE 144th St. Prior to the clearing
vegetation was dominated by an overstory of big -leaf maple (Acer macrophyllum), western red cedar
(Thuja plicata), and Douglas fir (Pseudotsuga menziesiz) with and understory of salmonberry (Rubes
speclabilis), hazelnut (Corylus comuta), Oso -berry (4emleria cerasifonnis), Himalayan blackberry (Rubus
armeniacus). In its existing condition, this vegetation has been cleared from the ROW.
Topography of the site is generally a south aspect with a shallow east/west trending ravine
located on the ROW northern half. Two wetlands and one stream fall within the boundary of the
ROW. These features were identified in the Liberty Gardens Critical Areas Analysis and
Conceptual Mitigation Plan prepared by B-12 Wetland Consulting, Inc, November 19, 2004.
This report and subsequent King County approvals established vesting for the wetland and
stream categories and their associated buffer. A summary of these categories and associated
buffers are as follows:
Wetland A/B — Class 2 — 50 foot buffer
Wetland C Class 2 — 50 foot buffer
Intermittent Stream — Class 3 — 25 foot buffer
PROJECT DESCRIPTION AND PROPOSED MITIGATION
The applicant is proposing to install a sewer line and maintenance road within the unimproved
ROW of 162nd Ave SE. Multiple alternatives were evaluated prior to the selection of 162nd Ave
SE as the proposed alignment. The following alternative analysis was used in the alignment
decision-making process.
In preparation of this utility installation and under the assumption that all the necessary
approvals were in place, the applicant cleared and grubbed the majority of the unimproved
portion of the ROW. The clearing included portions ofWetland A/B, the intermittent stream,
and the buffer of Wetland C. A total of 1,045 square feet of wetland, 10,081 square feet of buffer,
and 60 linear feet of intermittent stream were temporarily impacted by the trench installation of
the proposed sewer line. In addition, the proposed maintenance road will permanently impact
3,642 square feet of buffer.
Since this project is vested under King County Code, the applicant will follow the mitigation
replacement ratios established in KCC 21 A.24.340(B)(1) and 21A.24.380(C). This equates to 1:1
Cavalla Wetland, Stream and 1 Weiland Resources, Inc.
Buffer Mitigation Plan Project # 12167
mitigation ratio for all temporary and permanent impact to buffers. As mitigation for the
proposed temporary wetland and buffer impacts, the applicant is proposing restoration.
Restoration will involve replacing the soil to roughly its original horizonal structure and planting
with native trees and shrubs. The stream will be restored by regrading the channel to
approximate 2 -foot width (based on an average of the undisturbed portion) and a 3:1 side slope.
All permanent impacts will be mitigated by enhancing the existing un -engineered pond and its
associated side slopes at a greater than 1:1 ratio.
SEWER ALIGNMENT ALTERNATivE ANALYSIS
The Plat of Cavalla was originally submitted and deemed "complete" by King County in
January of 2006. In August of 2008, the plat was annexed into the City of Renton and was
eventually approved based on vested King County DDES regulations regarding sensitive areas,
access, lot yield (i.e. TDR's). During our coordination with King County, the project Biologist,
Chad Armour met with Nick Gillen, King County Biologist, and inspected the sensitive areas
along the 162nd Avenue Corridor. At that time, King County DDES wanted 162nd Avenue
S.E. to be the primary/secondary access. During the site inspection of this road alignment with
Nick Gillen, it was determined that the impact to any sensitive areas and their buffers could not
be mitigated "on-site" or within the right-of-way due to the existing forested conditions and
therefore, the best option was to utilize the "fee -in -lieu -of" for mitigation. As part of our
application with King County DDES, a fee -in -lieu worksheet was prepared and submitted for
review and approval. Following the annexation to the City of Renton, the City traffic division
determined that the secondary access for Cavalla and the adjacent Plat of Liberty Gardens
should be along 164th Avenue S.E.; not 162nd Avenue S.E. As a result of the change of access,
the fee -in -lieu option was no longer pursued.
Following preliminary plat approval by the City of Renton Hearing Examiner, Kolin Taylor and
Curtis Schuster of KBS Development Corporation, Inc. (KBS) met with City Staff (Dave
Christensen) on several occasions to discuss the various sewer options to serve not only the Plat of
Cavalla, but also service to Liberty Gardens and surrounding properties. Through the design
process, it was determined that the extension of sewer through the unimproved ROW of 162nd
Ave SE would be the preferred alternative. The following is a brief summary of each alternative:
Option #1 (160th Avenue S.E.): On several occasions throughout the plat process,
KBS met with several property owners between 160th Avenue S.E. and 162nd
Avenue S.E. to consider granting of easements to extend sewer mains through private
property in an attempt to avoid extending sewer along S.E. 144th Street.
Unfortunately this alignment was determined not feasible because of sensitive areas
located on the properties (wetlands/stream), and the lack of depth of the sewer system
to provide gravity service to the adjacent plat of Liberty Gardens. In addition, the
private property owners were not interested in providing sewer easements at that
time. Therefore, this option was abandoned.
• Option #2 (sewer extension from S.E. 144th Street to 164th Avenue S.E.): This
option was also discussed with Dave Christensen on several occasions. This extension
Covalla Wetland, Stream and 2 Wetland Resources, Inc.
Buffer Mitigation Plan Project # 12167
would require approximately 1,250 feet of extension along S.E. 144th Street within
the existing roadway improvements (King County would require a complete
overlay/ restoration of the roadway) and approximately 600 feet of extension within
the existing roadway improvements of 164th Avenue S.E. This portion of the sewer
extension would require coordination with several existing property owners regarding
access and utility closures and disruptions during construction. Also, this street would
require complete reconstruction of the existing roadway. However (and more
importantly) this option was determined not feasible due to the required sewer main
depth needed (approximately 33 feet at the southeast corner of the Plat of Cavalla
along 164th Avenue S.E.) to provide gravity service for several lots along 162nd
within the Plat of Cavalla. Due to the depth of the sewer main and limited right-of-
way of 30 feet, a construction easement would be required from either the Plat of
Liberty Gardens or King County Parks for construction of the sewer main. It should
also be noted that the Issaquah School District in 2010 had a plan drawn up by ESM
Engineering to bring the sewer line up 1641h (right to the southeast corner of Cavalla)
and then abandoned the plan as non -feasible for the same reason of depth of sewer.
• Option #3/Preferred and Approved Option (sewer extension from S.E. 144th
Street and along 162nd Ave S.E.): As discussed earlier, this option was reviewed with
City staff and determined feasible and preferred due to:
o The extension of gravity sewer within 162nd Avenue S.E. not only
provides the most reasonable gravity sewer service to the Plat of
Liberty Gardens and the Plat of Cavalla, it also serves several existing
properties along the west half of 162nd Avenue S.E. Note: this option
also provides more opportunities for future sewer extension and service
than the 164th Avenue S.E. option, because of the existing property
owned by King County Parks and the Issaquah School
District/Liberty High School.
o The sewer depth in 162nd Avenue S.E. averages approximately 10 -
feet. However, at one location on 162nd Avenue S.E. (crossing the
existing seasonal creek) the sewer is a maximum of 18 -foot deep at this
crossing. Once the sewer crosses the creek, the sewer quickly becomes
8 -foot deep to provide sewer service to the Plat of Cavalla.
o No easements are required for the construction of the sewer main in
162nd Avenue S.E. due to the existing unimproved right-of-way of 60
feet and the construction work is completely contained within the
existing unimproved right-of-way with no disturbance or closures to
adjacent residential driveways or utilities.
o The extension of sewer along 162nd Avenue S.E. has been reviewed
and approved by the City of Renton and the Washington State
Cavalla Wetland, Stream and 3 Wetland Resources, Inc.
Buffer Mi4ation Plan Project # 12.167
i
Department of Fish and Wildlife with issuance of the HPA Permit with
Mitigation for the stream crossing.
WETLAND AND STREAM FUNCTIONS AND VALUES ASSESSMENT
Methodology
The methodology for this functions and values assessment is based on professional opinion
developed through past field analyses and interpretation. This assessment pertains specifically to
this site, but is typical for assessments of similar systems common to western Washington.
Pre -Existing Conditions
Prior to recent clearing and grading activities, the ROW and associated wetland and streams
were forested with a mixed stand of native vegetation. The adjacent buffer has historically been
affected by uses associated with the single-family residence including parking, domestic animals
and pedestrian traffic. Given the presence of native vegetation and the wetland and stream's
location in a residential neighborhood, these areas likely provide some measure of water quality
functions, large woody debris recruitment, allocthonous material to the stream, but does little to
discourage intrusion of humans and domestic animals into the wetlands or stream. As a result,
slope wetlands, intermittent stream, and associated buffer generally provided moderate functions
and limited protection to the stream.
Impacts to Functions and Values
The removal of vegetation and disturbance to the soil will create a temporal loss of functions and
values of the wetland, stream and associated buffer. With the exception of the permanently
impacted areas, this temporal loss will be mitigated by the restoration measure proposed herein.
All permanent impacts are associated with the buffer areas and are, generally, infrequently used
maintenance roads. The overall impacts will be limited to reduction of wildlife habitat within the
footprint of the impacts and a slight decrease in the stormwater and water quality function of the
buffer areas. Overall, the proposed impacts will have limited affect on the functions and values of
the wetland, stream and associated buffer.
Post Mitigation Functions and Values
As mitigation for the proposed buffer impacts, the applicant is offering a combination of wetland
and buffer restoration and buffer enhancement. This will maintain the overall on-site buffer
function and increase buffer function in the southern portion of the ROW by changing the buffer
from its current degraded, invasive species dominated state to a scrub/shrub and eventually
forested condition. This change will serve to improve wildlife habitat, water quality, and the
stormwater storage capacity of the buffer. Overall, this mitigation will provide direct
compensation for the impacts resulting from the utility and associated maintenance road.
BUFFER RESTORATION
To compensate for temporal impacts to the buffer, the applicant is proposing to restore the
10,081 square feet of buffer disturbed from the installation of the sewer. Buffer restoration will
Cavalla Wetland, Stream and 4 Wetland Resources, Inc.
Bu�erMitigalion Plan Project # 12167
involve restoring any disturbed soils from trenching to roughly its original horizonal structure
and planting the following native trees and shrubs. Noted as temporary buffer impact on the
map.
Buffer Restoration (10,502 square feet)
Common Name
Latin Name
Size
Spacing
---Quantity
1. Western hemlock
Tsuga heterophylla
1 gallon
93
33
2. Douglas fir
Pseudotsuga menziesii
1 gallon
93
50
3. Big leaf maple
Acer macrophyllum
1 gallon
9'
50
4. Osoberry
Oemleria cerasiformis
1 gallon
6'
68
5. Baldhip rose
Rosa gymnocarpa
1 gallon
6'
67
6. Snowberry
Symphoricarpos albus
1 gallon
6'
85
WETLAND RESTORATION
To compensate for temporal impact to the wetland, the applicant is proposing to restore the
1,045 square feet of wetland disturbed from the installation of the sanitary sewer. Wetland
restoration will involve restoring any disturbed soils from trenching to roughly its original
horizonal structure and planting the following native trees and shrubs. Noted as temporary
wetland impact on the map.
Wetland Restoration (1, 045square feet)
Common Name
Latin Name
Size
Spacing
uanti
1. Western red cedar
Thuja plicata
1 gallon
9'
7
2. Sitka spruce
Picea sitchensis
i gallon
9'
6
4. Pacific willow
Salix lucida
1 gallon
6'
9
5. Red osier dogwood
Cornus sericea
1 gallon
6'
10
6. Salmonberry
Rubus spectabilis
1 gallon
6'
10
UN -ENGINEERED POND ENHANCEMENT
The un -engineered pond, located at the southernmost portion of the site, provides temporary
stormwater storage during periods of high runoff. This pond will be planted with native wetland
species that are able to tolerate fluctuation in hydrology. These plantings are expected to
increase the water quality and slow stormwater passing to downstream systems. This
enhancement will consist of removing any trash and debris, controlling invasive species, and
planting the following native trees and shrubs.
Us -engineered Pond Enhancement (2,000 square feet)
Common Name
Latin Name
Size
Spacing
uanti
1. Pacific willow
Salix lucida
1 gallon
6'
25
2. Red osier dogwood
Cornus sericea
1 gaIIon
6'
30
3. Hardstem bulrush
Scirpus acutus
sprig
2.25'
195
4. Small fruited bulrush Scirpus microcarpos
sprig
2.25'
200
Caaalla Wetland, Stream and 5 Wetland Resources, Inc.
Buffer Mitigation Plan Project ## 12167
BUFFER ENHANCEMENT
To increase function of portions of the existing buffer and the side slope of the unengineered
pond, the applicant is proposing to enhance the 2,450 square feet of buffer in the southern
portion of the unimproved ROW. Buffer enhancement is proposed to consist of removing any
trash and debris, controlling invasive species, and planting the following native trees and shrubs.
Buffer Enhancement (2,450 square feet)
Common Name
Latin Name
Size
Spacing
uanti
1. Douglas fir
Pseudotsuga menziesii
1 gallon
9'
15
2. Big leaf maple
Acer macrophyllum
1 gallon
9'
15
3. Osoberry
4ernleria cerasiformis
1 gallon
6'
23
4. Baldhip rose
Rosa gymnocarpa
1 gallon
6'
22
5. Snowberry
Symphoricarpos albus
1 gallon
6'
23
ADDITIGNAL TREE PLANTINGS
At the request of the City, 30 additional trees will be planted within the unimproved ROW.
These trees will be planted within the ROW and south of the exiting stream. The trees will be
scattered throughout this area in a natural asymmetrical pattern. The following native trees are
recommended:
Additional Tree Planting Area
Common Name Latin Name Size Quantity
1. Douglas fir Pseudotsuga menziesii 6' tall 10
3. Big leaf maple Acer macrophyllum 2" caliper 20
GRASS .SEEDING
All areas of disturbance shall be seeded to the certified grass seed mixtures below. Similar native
seed mixes are acceptable, upon approval of the consulting professional. Due to sensitivity of
surrounding systems, fertilizer shall not be used unless absolutely necessary. If deemed necessary
by the consulting professional and/or the County representative, an appropriate fertilizer shall be
applied.
Buffer Grass Seed Mixture
Common Name
Latin Name
lbs/acre
lbs/ 1,000 s.f.
Red fescue
Festuca rubra
38
0.8
Hair bentgrass
Agrostis scabra38
0.8
Alaska brome
Brom us sitchensi.s
38
0.8
White clover
Trifolium repens
10
0.2
Cavalla Wetland, Stream and 6 Weiland Resources, .Inc.
Buffer Mitigation Plan Project # 12167
PROJECT NOTES
Pre -Construction Meeting
There `viH be a pre -construction meeting on this site between the applicant, the consulting
biological professional, landscaper(s) and a City of Renton representative. The objective will be
to verify the location of the mitigation areas and to discuss project sequencing.
Inspections
A biological consultant shall be contracted to periodically inspect the mitigation measures
described in this plan. Minor adjustments to the original designs may be necessary prior to and
during construction due to unusual or hidden site conditions. A City of Renton representative
and/or the consulting biologist will make these decisions during construction.
Construction Timing and Sequencing
All mitigation plantings shall take place in early spring or late fall.
PLANTING NOTES
Plant in the early spring or late fall and order all plants from a reputable nursery. Care and
handling of all plant materials is extremely important to the overall success of the project. The
origin of all plant materials specified in this plan shall be native plants, nursery grown in the
Puget Sound region of Washington. Pre -dug plants may only be used upon approval by the City
of Renton. Some limited species substitution may be allowed, only with the agreement of the
Landscape Designer, Wetland Biologist, and/or the City of Renton. Larger plant stock may be
used without consultation. Substitutions with smaller plant stock than specified may require
consultation.
Handling
Plants shall be handled so as to avoid all damage, including breaking, bruising, root damage,
sunburn, drying, freezing or other injury. Plants must be covered during transport. Plants shall
not be bound with wire or rope in a manner that could damage branches. Protect plant roots
with shade and wet soil in the time period between delivery and installation. Do not lift container
stock by trunks, stems, or tops. Do not remove from containers until ready to plant. Water all
plants as necessary to keep moisture levels appropriate to the species horticultural requirements.
Plants shall not be allowed to dry out. All plants shall be watered thoroughly immediately upon
installation. Soak all containerized plants thoroughly prior to installation. Bare root plants are
subject to the following special requirements, and shall not be used unless planted between
November 1 and March 1, and only with the permission of the Landscape Designer and the City
of Renton. Bare root plants must have enough fibrous root to ensure plant survival. Roots must
be covered at all times with mud and/or wet straw, moss, or other suitable packing material until
time of installation. Plants whose roots have dried out from exposure will not be accepted at
installation inspection.
Caaalla Wetland, Stream and 7 Wetland Resources, Inc.
Bu er Mitigation Plan Project # 12167
Storage
Plants stored by the Permittee for longer than one month prior to planting shall be planted in
nursery rows, and treated in a manner suitable to that species' horticultural requirements. Plants
must be re -inspected by the Wetland Biologist and / or Landscape Designer prior to installation.
Damaged Plants
Damaged, dried out, or otherwise mishandled plants will be rejected at installation inspection.
All rejected plants shall be immediately removed from the site.
Plant Names
Plant names shall comply with those generally accepted in the native plant nursery trade. Any
question regarding plant species or variety shall be referred to the Landscape Designer, Wetland
Biologist or the City of Renton. All plant materials shall be true to species and variety and
legibly tagged.
Quality and condition
Plants shall be normal in pattern of growth, healthy, well -branched, vigorous, with well-
developed root systems, and free of pests and diseases. Damaged, diseased, pest -infested,
scraped, bruised, dried out, burned, broken, or defective plants will be rejected. Plants with
pruning wounds over 1" in diameter will be rejected.
Roots
All plants shall be balled and burlapped or containerized, unless explicitly authorized by the
Landscape Designer and / or Wetland Biologist. Rootbound plants or B&B plants with
damaged, cracked or loose rootballs (major damage) will be rejected. Immediately before
installation, plants' with minor root damage (some broken and / or twisted roots) must be root -
pruned. Matted or circling roots of containerized plantings must be pruned or straightened and
the sides of the root ball must be roughened from top to bottom to a depth of approximately half
an inch in two to four places. Bare root planting of woody material is allowed only with
permission from the Landscape Designer, Wetland Biologist and / or the City of Renton.
Sizes
Plant sizes shall be the size indicated in the plant schedule in approved plans. Larger stock may
be acceptable provided that it has not been cut back to size specified, and that the root ball is
proportionate to the size of the plant. Smaller stock may be acceptable, and under some
circumstances preferable, based on site-specific conditions. Measurements, caliper, branching
and balling and burlapping shall conform to the American Standard of Nursery Stock by the
American Association of Nurserymen (latest edition).
Form
Evergreen trees, if used, shall have single trunks and symmetrical, well-developed form.
Deciduous trees shall be single -trunked unless specified as multi -stem in the plan schedule.
Shrubs shall have multiple stems and be well branched.
Cavalla Wetland, Stream and Welland Resources, Inc.
Buffer Mitigation Plan Project 1# 12167
Tinting of Planting
To the greatest extent possible, all planting shall occur between November 1 and March 1.
Overall, the earlier plants go into the ground during the dormant period, the more time they
have to adapt to the site and extend their root systems before the water demands of spring and
summer.
Weeding
Existing and exotic vegetation in the mitigation and buffer areas will be hand weeded from
around all newly installed plants at the time of installation and on a routine basis throughout the
monitoring period. No chemical control of vegetation on any portion of the site is allowed
without the written permission of the City of Renton.
Site Conditions
The contractor shall immediately notify the Landscape Designer and / or Wetland Biologist of
drainage or soil conditions likely to be detrimental to the growth or survival of plants. Planting
operations shall not be conducted under the following conditions: freezing weather, when the
ground is frozen, excessively wet weather, excessively windy weather, or in excessive heat.
Planting Pits
Planting pits shall be circular or square with vertical sides, and shall be 6" deeper and 12" larger
in diameter than the root ball of the plant. Break up the sides of the pit in compacted soils. Set
plants upright in pits, as illustrated in planting detail. Burlap shall be removed from the planting
pit. Backfill shall be worked back into holes such that air pockets are removed without adversely
compacting down soils.
Fertilizer
Slow-release fertilizer may be used if pre -approved by the City of Renton. Fertilizers shall be
applied only at the base of plantings underneath the required covering of mulch (that does not
make contact with stems of the plants). No soil amendment or fertilizers will be placed in
planting holes.
Water
Irrigation / Watering: Water shall be provided during the dry season (July 1 through October 15)
for the first two years after installation to ensure plant survival and establishment. A temporary
above ground irrigation system and/or water truck should provide water. Water should be
applied at a rate of 1 inch of water twice per week for year 1 and 1 inch per week during year 2.
Staking
Most shrubs and many trees DO NOT require any staking. If the plant can stand alone without
staking in a moderate wind, do not use a stake. If the plant needs support, then strapping or
webbing should be used as low as possible on the trunk to loosely brace the tree with two stakes
(see Planting Detail). Do not brace the tree tightly or too high on the trunk. If the tree is unable
to sway, it will further lose the ability to support itself. Do not use wire in a rubber hose for
strapping as it exerts too much pressure on the bark. As soon as supporting the plant becomes
unnecessary, remove the stakes. All stakes must be removed within two (2) years of installation.
Gaaalla Wetland Stream and 9 Wetland Resources, Inc.
Buffer Mitigation Plan PrVect # 12167
Plant Location
Lath stakes (measuring 3'x2"xl /4") or suitable flagging material shall be placed next to or on
each planting to assist in locating the plants while removing the competing non-native vegetation
and to assist in locating the plants during the monitoring period.
Arrangement and Spacing
The plants shall be arranged in a pattern with the appropriate numbers, sizes, species, and
distribution that are required in accordance with the approved plans. The actual placement of
individual plants shall mimic natural, asymmetric vegetation patterns found on similar
undisturbed sites in the area. Spacing of the plantings may be adjusted to maintain existing
vegetation with the agreement of the Landscape Designer, Wetland Biologist, and/or the City of
Renton.
Inspection(s)
A biological professional shall be present on site to inspect the plants prior to planting. Minor
adjustments to the original design may be required prior to and during construction.
Mulch
All landscaped areas denuded of vegetation and soil surface surrounding all planting pit areas
shall receive no less than two to four inches of organic compost or certified weed -free straw after
planting. Compost or certified weed -free straw shall be kept well away (at least two inches) from
the trunks and stems of woody plants. Arborists wood chips are a preferred material.
TEMPORARY EROSION AND SEDIMENTATION CONTROL (TESC)
Orange barrier fencing shall be placed around mitigation areas prior to construction. All
sedimentation control facilities shall be kept in place and functioning until ground vegetation is
firmly established and the project is complete. Prior to removal of TESC facilities, an inspection
shall be required to be conducted by the city of Renton to verify that all accumulated sediment
and debris that have been contained by TESL facilities have been removed, and the site
stabilized.
All upland areas of disturbance shall be seeded to a minimum of 100 pounds per acre of grass
seed mix and all wetland areas of disturbance shall be seeded to a minimum of 96 pounds per
acre of grass seed mix immediately upon completion of grading and planting. Seed mixes are
specified in this plan.
CONTINGENCY PLAN
Should any monitoring report reveal the mitigation has failed in whole or in part, and should
that failure be beyond the scope of routine maintenance, the applicant must submit a
Contingency Plan. This plan may range in complexity from a list of plants substituted, to cross-
sections of proposed engineered structures. Once approved, it may be installed, and will replace
Caualla Wetland; Stream and 10 Wetland Resources, Inc.
Buffer Plan I$-aject # 12167
the approved mitigation plan. If the failure is substantial, the City of Renton will likely extend the
monitoring period for that mitigation.
MAINTENANCE
The mitigation areas will require periodic maintenance to replace vegetation mortality as
necessary. Maintenance shall be required in accordance with King County Sensitive Areas
Restoration Guidelines (2002) and approved plans. Maintenance may include, but not be limited
to, removal of competing grasses (by hand if necessary), irrigation, fertilization (if necessary),
replacement of plant mortality, and the replacement of mulch for each maintenance period.
Chemical control, only if approved by the City of Renton, shall be applied by a licensed
applicator following all label instructions.
Duration and Extent: In order to achieve performance standards, the Permittee shall have the
mitigation area maintained for the duration of the monitoring period (five years). Maintenance
will include watering, weeding around the base of installed plants, pruning, replacement, re -
staking, removal of all classes of noxious weeds (see Washington State Noxious Weeds List, WAC
16-750-005) and Himalayan blackberry, and any other measures needed to ensure plant survival.
The Landscape Designer and/or Wetland Biologist shall direct all maintenance.
Survival: The Permittee shall be responsible for the health of 80% of all newly installed plants
for one growing season after installation has been accepted by the City of Renton (see Performance
Standards). A growing season for these purposes is defined as occurring from spring to spring
(March 15 to March 15, of the following year). For fall installation (often required), the growing
season will begin the following spring. The Permittee shall replace any plants that are failing,
weak, defective in manner of growth, or dead during this growing season, as directed by the
Landscape Designer, Wetland Biologist, and/or the City of Renton.
Installation Timing for Replacement Plants: Replacement plants shall be installed
between September 15 and January 15, unless otherwise determined by the Landscape Designer,
Wetland Biologist, and/or the City of Renton.
Standards for Replacement Plants: Replacement plants shall meet the same standards for
size and type as those specified for the original installation unless otherwise directed by the
Landscape Designer, Wetland Biologist, and/or the City of Renton.
Replanting: Plants that have settled in their planting pits too deep, too shallow, loose, or
crooked shall be replanted as directed by the Landscape Designer, Wetland Biologist, and/or the
City of Renton.
Herbicides / Pesticides: Chemical controls shall not be used in the mitigation/restoration
area, sensitive areas, or their buffers. However, limited use of herbicides may be approved
depending on site-specific conditions, only if approved by the City of Renton.
Caaalla Wetland, Stream and 1 1 Wetland Resources, Inc.
Buffer Mitigalion Plan Project # 12167
Weeding: Trees and shrubs must be weeded to the dripline, and mulch maintained at 3" depth.
Weed herbaceous plantings as necessary.
Removal: All litter, dumping, and non-native vegetation (e.g., Himalayan blackberry, reed
canarygrass, evergreen blackberry, Scotch broom, English ivy, morning glory, Japanese
knotweed, etc.) must be removed and properly disposed of off-site. Receipts must be sent to
DDES.
Structures: Damaged or missing fences, posts, signs, habitat or hydrology structures must be
repaired or replaced. Receipts must be sent to the City of Renton.
General: The Permittee shall include in general maintenance activities the replacement of any
vandalized or damaged signs, habitat features, fences, or other structural components of this
mitigation site.
PROJECT MONITORING
Requirements for monitoring project:
1. Initial compliance report
2.' Yearly site inspection (once per year in the fall) for five years
3. Annual reports including final report (one report submitted in the fall of each monitored year)
Purpose for Monitoring: The purpose for monitoring this mitigation project shall be to
evaluate its success. Success will be determined if monitoring shows that at the end of five years,
the definitions of success stated below are being met. The property owner shall grant access to
the mitigation area for inspection and maintenance to the contracted landscape or wetland
specialist and the City of Renton during the period of the bond or until the project is evaluated as
successful.
Monitoring: Monitoring shall be conducted annually for five years in accordance with the
approved Restoration Monitoring Plan.
Vegetation Monitoring: Sampling points or transects will be established for vegetation
monitoring, and photo points established from which photos will be taken throughout the
monitoring period. Permanent transect location(s) must be identified on the mitigation site plans
in the first monitoring report (they may be drawn on approved mitigation plans by hand). Each
transect shall detail herbaceous, shrub, and tree coverage in accordance with the King County
Sensitive Areas Restoration Guidelines (2002). Monitoring of vegetation transects shall occur
annually between May 15 and September 30 (prior to leaf drop), unless otherwise specified.
Photo points: No less than four permanent photo points within the mitigation areas will be
established. Photographs will be taken from these points to visually record condition of the
restoration area. Photos shall be taken annually between May 15 and September 30 (prior to leaf
drop), unless otherwise specified.
Cavalla Wellan4 Stream and 12 Welland Resources, Inc.
Buffer Mitigation Plan Project # 12167
Report Contents: Monitoring reports shall be submitted by October 31 of each year during
the monitoring period. As applicable, monitoring reports trust include descriptions / data for:
a. Site plan and Iocation map
b. Historic description of project, including date of installation, current year of monitoring,
restatement of mitigation / restoration goals, and performance standards
c. Plant survival, vigor, and areal coverage for every plant community (transect data), and
explanation of monitoring methodology in the context of assessing performance standards
d. Site hydrology, including extent of inundation, saturation, depth to groundwater,
function of any hydrologic structures, piezometer or staff gauge data if available, inputs,
outlets, etc.
e. Slope condition, site stability, any structures or special features
f. Buffer conditions, e.g., surrounding land use, use by humans, and/or wild and domestic
creatures
g. Observed wildlife, including amphibian, avian, and others
h. Assessment of nuisance / exotic biota and recommendations for management
i. Soils, including texture, Munsell color, rooting, and oxidized rhizospheres
j. Receipts for any structural repair or replacement
k. Color photographs (4"x6" in size) taken from permanent photo -points as shown on
Monitoring Plan
PROJECT SUCCESS AND COMPLIANCE
Criteria for Success: Upon completion of the proposed mitigation project, an inspection by a
wetland professional will be made to determine plan compliance. A compliance report will be
supplied to the City of Renton within 30 days after the completion of planting. A landscape
professional or biological scientist will do condition monitoring of the plantings in the fall,
annually. A written report describing the monitoring results will be submitted to the City of
Renton after each site inspection of each monitored year. Final inspection will occur five years
after completion of this project. The contracted consultant will prepare a report as to the success
of the project.
Definition of Success: The mitigation areas shall meet the following performance standards:
a) Year 1: 80 percent survival of newly planted species,
b) Year 3: at least 80 percent survival of installed plant species,
c) Year 5: at least 80 percent survival of installed plant species,
This mitigation plan shall support at least 80% of the native plants set forth in the approved
mitigation plan by the end of five years. The species mix should resemble that proposed in the
planting plans, but strict adherence to obtaining all of the species shall not be a criterion for
success.
Catalla Welland, Stream and 13 Welland Resources, Inc.
Bu er Mit' anon Plan Project # 12167
Performance Standards:
Performance Standard 1: There shall be 80 percent survival of all the plantings after Year 1 or
the installation contractor shall replace the material. At least 80 percent of the plant material
installed shall survive in Year 5 after installation.
Performance Standard 2: There shall be a minimum of 15 percent cover of woody species (shrub
and tree canopy layers considered together) in the buffer after the first year post -installation; and
a minimum of 45 percent cover by woody material after the third year post -installation; and a
minimum of SO percent cover by woody material after the fifth year post -installation.
Performance Standard 3: There shall be less than 10 percent cover of weedy/invasive cover in
the mitigation areas for all five years post -installation.
USE OF THIS REPORT
This Critical Area Study and Buffer Mitigation Plan is supplied to DR Horton as a means of
describing jurisdictional wetland conditions, as required by the City of Renton during the
permitting process. This report is based largely on readily observable conditions and to a lesser
extent, on readily ascertainable conditions. No attempt has been made to determine hidden or
concealed conditions. Reports may be adversely affected due to the physical condition of the site
and the difficulty of access, which may lead to observation or probing difficulties.
The laws applicable to wetlands are subject to varying interpretations and may be changed at
any time by the courts or legislative bodies. This report is intended to provide information
deemed relevant in the applicant's attempt to comply with the laws now in effect.
The work for this report has conformed to the standard of care employed by wetland ecologists.
No other representation or warranty is made concerning the work or this report and any implied
representation or warranty is disclaimed.
Wetland Resources, .Inc.
Scott Brainard
Principal Wetland Ecologist
Professional Wetland Scientist
Cavalla Weiland, Stream and 14 Weiland Resources, Inc_
Buffer Mitigation flan Project # 12167
REFERENCES
Classification of Wetlands and Deepwater Habitats of the United States. FWSIOBS-79/31.
December 1979. U.S. Department of the Interior, Fish and Wildlife Service.
Washington, D.G.
City of Renton Code Chapter 3. Renton, WA. May 14, 2007
King County Code, Title 21A. King County, WA. March 27, 2006
National List of Plant Species that Occur in Wetlands, Northwest Region. 1996. U.S.
Department of the Interior, Fish and Wildlife Service. Washington, D.C.
Soil Survey of King County Area Washin on. November 1973. U.S. Department of
Agriculture, Soil Conservation Service. Washington, D.C.
Washington State Wetlands Identification and Delineation Manual. Washington State
Department of EcoIogy. Publication #96-94. March 1997.
G'aaalla Weiland, Stream and 15 Wetland Resources, Inc.
Buffer Mitigation Plan Project # 12167
Chapter 20.45A
PLATTING AND SUBDIVISIONS
Sections:
20.45A.010
Scope
20.45A.020
Applicability
20.45A.030
Purpose
20.45A.040
Definitions specific to the platting and subdivision chapter
20.45A.050
General requirements
20.45A.060
Special requirements for plats with critical areas or critical area buffers
20.45A.070
Review stages
20.45A.080
Merger
20.45A.100
Exemption
20.45A.110
Preliminary plat— Special notice requirement
20.45A.130
Preliminary plat— Decision criteria
20.45A.140
Preliminary plat—Time limitation
20.45A.150
Preliminary plat— Extension for phased development
20.45A.170
Preliminary plat— Effect of approval
20.45A.180
Final plat — General
20.45A.190
Final plat — Applicable procedure
20.45A.210
Final plat — Hearing Examiner review and approval
20.45A.220
Final plat — Decision criteria
20.45A.230
Final plat — Community Council review
20.45A.240
Final plat — Phased development
20.45A.250
Modification of an approved preliminary plat
20.45A.260
Final plat — Recording required
20.45A.270
Final plat — Modification
20.45A.280
Finalplat— Vacation
20.45A.290
Violations -- Enforcement
20.45A.300
Injunctive action
20.45A.010 Scope.
This chapter establishes the procedure and criteria that the City will use in making a decision upon an
application for a subdivision. (Ord.3937, 7-18-88)
20.45A.020 Applicability.
This chapter applies to each application for a subdivision except as provided in LUC 20.45A.100.
(Ord. 3937, 7-18-88)
20.45A.030 Purpose.
This chapter is adopted in furtherance of the Comprehensive Plan of the City. It is hereby declared that
the regulations contained in this chapter are necessary for the protection and preservation of the public
health, safety and general welfare in accordance with the standards established by the state of
Washington, Chapter 58.17 RCW, and established by the City of Bellevue to prevent the overcrowding of
land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe
and convenient travel by the public on streets and highways; to provide for adequate light and air; to
facilitate adequate provision for water, sewerage, stormwater drainage, parks and recreation areas, sites
for schools and school grounds and other public requirements; to provide for proper ingress and egress;
to provide for the expeditious review and approval of proposed subdivisions which conform to zoning
standards and local plans and policies; to adequately provide for the housing and commercial needs of
the community; to protect critical areas and critical area buffers as designated in Part 20.25H LUC; and to
require uniform monumenting of land subdivisions and conveyance by accurate legal description.
(Ord. 5682, 6-26-06, § 1; Ord. 3937, 7-18-88)
20.45A.040 Definitions specific to the platting and subdivision chapter.
As used in this chapter, the following definitions apply:
A. Development Standards.
Currently effective Development Services, Transportation, and Utility Departments' Development
and/or Engineering Standards, and the development or engineering standards of any other City
department with applicable standards, now or as hereafter amended.
B. Lot.
A fractional part of subdivided lands having fixed boundaries, being of sufficient area and
dimension to meet minimum zoning requirements for width and area.
C. Right -of -Way.
A strip of land dedicated for public use for utilities, vehicular and/or pedestrian travel, access to
adjoining properties, or other use involving maintenance by a public agency.
D. Subdivider, Developer or Platter.
Any person, firm or corporation or authorized representative undertaking the subdividing or
resubdividing of a lot, tract, block, or other parcel of land. (Ord. 5480, 10-20-03, § 26; Ord. 4972, 3-
3-97, § 22; Ord. 4816, 12-4-95, § 121; Ord. 3937, 7-18-88)
20.45A.050 General requirements.
A. All subdivisions of land shall comply with all applicable goals, regulations and standards of the
Bellevue City Code and RCW Title 58, Boundaries and Plats. Subdivisions shall also be in accord with
the policies of the City's Comprehensive Plan.
B. A proposed subdivision shall be considered under all applicable land use regulations as provided in
LUC 20.40.500. (Ord. 4972, 3-3-97, § 23; Ord. 4816,12-4-95, § 122; Ord. 3937, 7-18-88)
20.45A.060 Special requirements for plats with critical areas or critical area buffers.
A. Allowed Density.
Density shall be calculated pursuant to LUC 20.25H.045.
B. Conservation Subdivision.
1. When Required. Proposals for residential subdivision within the Critical Areas Overlay District
shall be processed as a conservation subdivision pursuant to this subsection B in the following
cases:
a. The amount of critical area and critical area buffer on the site totals at least one acre; or
b. The site abuts a known salmon -bearing stream; or
c. The critical area or critical area buffer on the site abuts a critical area or critical area buffer
on another site, or a site owned or managed by the City or other public agency for open space
or park uses.
2. Tract Required. The property owner receiving approval of a residential subdivision pursuant to
this section shall delineate the critical area and critical area buffer and set aside such areas in
separate tracts, designated as Native Growth Protection Area(s) (NGPA) on the face of the final
plat. The final plat shall contain the following restrictions for use, development and disturbance of
such NGPA(s) in a format approved by the City Attorney:
a. An assurance that: the tract will be kept free from all development and disturbance except
where allowed or required for habitat improvement projects, vegetation management, or new
or expanded City parks pursuant to LUC 20.25H.055; and that native vegetation, existing
topography, and other natural features will be preserved for the purpose of preventing harm to
property and the environment, including, but not limited to, controlling surface water runoff and
erosion, maintaining slope stability, buffering and protecting plants and animal habitat;
b. The right of the City of Bellevue to enter the property to investigate the condition of the
NGPA;
c. The right of the City of Bellevue to enforce the terms of the NGPA; and
d. A management plan for the NGPA designating future management responsibility.
Dimensional Standards Modification. The dimensional standards set forth in
LUC 20.20.010 are modified as follows for sites processed through the conservation subdivision
process. All other dimensional standards and requirements of LUC 20.20.010 shall apply, including
applicable footnotes:
Land Use District
R-1
R-1.8
R-2.5
R-3.5
R-4
R-5
R-
R-
R-
R-
R-
7.5'
10(3)
15(3)
20(3)
30(3)
Minimum Setbacks of
25
20
10
10
10
10
10
10
10
10
10
Structures (feet) Front
Yard (1) (2) (7)
Rear Yard (4) (7)
20
20
20
15
15
15
15
20
20
20
20
Side Yard (4) (7)
5
5
5
5
5
5
5
5
5
5
5
2 Side Yards (4) (7)
15
10
10
10
10
10
10
10
10
10
10
Minimum Lot Area
22,750
13,000
8,775
6,500
5,525
4,680
3,055
5,525
5,525
5,525
5,525
Acres (A) or Sq. Ft.
Maximum Lot
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
Coverage by
Structures (percent)
Impervious Surface
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
'Not effective within the jurisdiction of the East Bellevue Community Council.
Notes:
(1) Any garage or other structure shall be set back the minimum necessary to allow on-site parking on
any driveway without blocking a sidewalk, for proposals without garages, there shall be sufficient area on
the site to allow for required on-site parking without blocking a sidewalk.
(2) Where the front yard setback is reduced below the minimum setback established in LUC 20.20.010,
all front yard setbacks along a public right-of-way shall be the same for each lot in the development, so
that the minimum front yard setback is also the maximum front yard setback.
(3) Where there is a conflict between this subsection 13.3 and the requirements of the Transition Area
Overlay District, the provisions of the Transition Area Overlay District shall prevail.
(4) The required yard setback may not be reduced below the minimum required for the underlying land
use district where the development abuts another subdivision or development with the same or lower
density land use designation, where the majority of the lots in the abutting development meet or exceed
the minimum dimensional requirements for its land use district.
(5) Lot Coverage. The maximum lot coverage for each lot is determined by multiplying the maximum lot
coverage in the underlying land use district by the lot coverage factor. The lot coverage factor is:
Lot coverage factor = 1 + ((required minimum lot size - actual lot size)/required minimum lot size)
The following example illustrates this calculation:
Underlying land use district, R-3.5
Maximum lot coverage for district is 0.35
Required minimum lot size is 10,000 square feet
Actual lot size in proposed conservation subdivision is 6,800 square feet
Lot coverage factor= 1 + ((10,000 - 6,800)/l 0,000) = 1.32
Allowed lot coverage = 0.35 x 1.32 = 0.46 (rounded to nearest hundredth)
(6) Impervious Surface. Impervious surface for the subdivision considered on the whole shall not
exceed 50 percent, based on the total site size. The final plat shall designate the allowed impervious
surface for each separate lot.
(7) A required minimum setback may not be reduced below that required to maintain the minimum
separation between structures required by the International Building Code, as adopted and amended by
the City of Bellevue, considering the location of existing structures on abutting properties.
4. Site Design.
a. Roads must be designed parallel to contours with consideration to maintaining
consolidated areas of natural topography and vegetation. Access must be located in the least
sensitive area feasible; and
b. Change in grade, cleared area and volume of cut or fill on the site must be minimized;
and
c. Utilities and other facilities should be located to utilize common corridors wherever
possible; and
d. Each lot with slopes in excess of 25 percent shall demonstrate provision for feasible
driveway access to a future residence not to exceed 15 percent or provide for meeting
emergency access and fire protection by other means allowed by applicable codes, and shall
demonstrate feasibility of construction of a residence on the lot through a design consistent
with the standards of this code. Shared driveway access and private roads should be utilized
where significant reduction of grading can be accomplished compared to separate driveway
access for each individual lot.
C. Conventional Subdivision.
Proposals for residential subdivision not required to satisfy the provisions of subsection B of this
section shall meet the following requirements:
1. Lot Location.
a. Lots which contain critical area or critical area buffers must be configured in a manner
which, to the maximum extent possible, will allow a structure to be built on the least sensitive
portion of the site; and
b. Lots which contain critical area or critical area buffers must be configured in a manner
which will allow a designated building pad to be located outside of any critical area or critical
area buffer.
2. Site Design.
a. Roads must be designed parallel to contours with consideration to maintaining
consolidated areas of natural topography and vegetation. Access must be located in the least
sensitive area feasible; and
b. Change in grade, cleared area and volume of cut or fill on the site must be minimized;
and
c. Utilities and other facilities should be located to utilize common corridors wherever
possible; and
d. Critical areas, critical area buffers, and retained significant trees shall be placed in Native
Growth Protection Easements (NOPE) designated on the final plat document. The final plat
shall contain the following restrictions for use, development and disturbance of the NGPE in a
format approved by the City Attorney:
i. An assurance that: the NGPE will be kept free from all development and disturbance
except where allowed or required for habitat improvement projects, vegetation
management, and new or expanded City parks pursuant to LUC 20.25H.055; and that
native vegetation, existing topography, and other natural features will be preserved for
the purpose of preventing harm to property and the environment, including, but not
limited to, controlling surface water runoff and erosion, maintaining slope stability,
buffering and protecting plants and animal habitat;
ii. The right of the City of Bellevue to enter the property to investigate the condition of
the NGPA or NGPE upon reasonable notice;
iii. The right of the City of Bellevue to enforce the terms of the NGPE; and
iv. A management plan for the NGPE designating future management responsibility.
e. NGPEs on individual lots within the plat shall be contiguous with NGPEs on other lots to
the maximum extent feasible; and
f. Each lot with slopes in excess of 25 percent shall demonstrate provision for feasible
driveway access to a future residence not to exceed 15 percent or provide for meeting
emergency access and fire protection by other means allowed by applicable codes, and shall
demonstrate feasibility of construction of a residence on the lot through a design consistent
with the standards of this code. Shared driveway access and private roads should be utilized
where significant reduction of grading can be accomplished compared to separate driveway
access for each individual lot.
D. Additional Requirements for Plats with Areas of Special Flood Hazard.
1. All lots created through subdivision shall have adequate building space outside the 100 -year
floodplain, the floodway, and the channel migration zone.
2 Subdivisions shall be designed to minimize or eliminate flood damage and impacts to floodplain
functions and values. Public utilities and facilities that are installed as part of such subdivisions,
such as sewer, gas, electrical, and water systems, shall be located and constructed to also
minimize flood damage and impacts to floodplain functions and values. Subdivisions should be
designed using natural features of the landscape and should not incorporate flood protection
changes.
3. Subdivisions shall have adequate natural surface water drainage in accordance with locally
adopted surface water management requirements to reduce exposure to flood hazards; and
4. Subdivisions shall show the 100 -year floodplain, floodway, and channel migration zone on the
preliminary and final plat and short plat maps and designate such areas as "no build," when
applicable.
5. Where detailed base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain either 50 lots or involve five acres, regardless of the number of lots.
(Ord. 5682, 6-26-06, § 2)
20.45A.070 Review stages.
Subject to LUG 20.45A.080, the review and decision of the City on an application for a subdivision shall
consist of the following stages:
A. Review and decision upon the preliminary plat, LUC 20.45A.100 through 20,45A.170; and
B. Review and decision upon the engineering plans for plat improvements; and
C. Review and decision upon the final plat, LUC 20.45A.180 through 20.45A.260. (Ord. 4978, 3-17-97,
§ 12; Ord. 3937, 7-18-88)
20.45A.080 Merger.
A. The applicant may request that review and decision on the preliminary plat and the final plat be
merged in one decision. The merged decision will be made using Process I, LUC 20.35.100 et seq.,
following the steps for the preliminary plat. The applicant shall submit all plans and information in the
detail required for engineering plans and the final plat and shall comply with all other requirements and
standards for a final plat.
B. Unless the applicant requests otherwise, the City shall process a preliminary plat simultaneously with
an application for a reclassification, variance, planned unit development or other development approval to
the extent that procedural requirements for those actions allow. (Ord. 3937, 7-18-88)
20.45A.100 Exemption.
The provisions of this chapter do not apply to the following:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions of land into lots or tracts each of which is at least 20 acres. For purposes of computing the
size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to
include that area which would be bounded by the center line of the road or street and the side lot lines of
the lot running perpendicular to such center line;
C. Divisions made by testamentary provisions, or the laws of descent;
D. Divisions of land into lots or tracts classified for industrial or commercial use or for the purpose of
lease when no residential structure other than mobile homes or travel trailers are permitted to be placed
on the land when the City has approved a Binding Site Plan in accordance with Land Use Code
requirements;
E. A division made for the purpose of alteration by adjusting boundary lines between platted or
unplatted lots or both which does not create any additional lot, tract, parcel or site, in accordance with
LUC 20.456.260;
F. Any division of land by short subdivision as provided for in Chapter 20.45B LUC. (Ord. 5089, 8-3-98,
§ 48; Ord. 3937, 7-18-88)
20.45A.110 Preliminary plat -- Special notice requirement.
A. General.
The notice requirements of this section are in addition to the notice requirements of
LUC 20.35.120 and 20.35.135.
B. Means of Notice.
The Director of the Development Services Department shall provide notice of the public hearing by:
1. Mailing notice of the public hearing to appropriate City or town officials if the plat includes the
use of any city or town utility or is adjacent to or within a mile of the boundaries of that city or town.
As an alternative to mailing notice to each such person, notice may be provided by electronic mail
only, when requested by the recipient; and
2. Mailing notice of the public hearing to appropriate county officials if the plat is adjacent to the
Bellevue City boundary. As an alternative to mailing notice to each such person, notice may be
provided by electronic mail only, when requested by the recipient; and
3. Mailing notice of the public hearing to the State Secretary of Transportation if the plat is
adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or
municipal airport. As an alternative to mailing notice to each such person, notice may be provided
by electronic mail only, when requested by the recipient; and
4, Mailing notice of the public hearing to owners of real property within 500 feet of the proposed
subdivision site. (Ord. 5718, 2-20-07, § 11; Ord. 5481, 10-20-03, § 27; Ord. 5089, 8-3-98, § 49;
Ord. 4972, 3-3-97, § 26; Ord. 4816, 12-4-95, § 125; Ord. 3937, 7-18-88)
20.45A.130 Preliminary plat — Decision criteria.
The City may approve or approve with modifications a preliminary plat if:
A. The preliminary plat makes appropriate provisions for, but not limited to, the public health, safety and
general welfare; for open spaces, drainage ways, streets, sidewalks, alleys, other public ways, water
supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds; and
B. The public use and interest is served by the platting of the subdivision; and
C. The preliminary plat appropriately considers the physical characteristics of the proposed subdivision
site; and
D. The proposal complies with all applicable provisions of the Land Use Code, BGC Title 20, the Utility
Codes, BCC Title 24, the City of Bellevue Development Standards and Chapter 58.17 RCW; and
E. The proposal is in accord with the Comprehensive Plan, BCC Title 21; and
F. Each lot in the proposal can reasonably be developed in conformance with current Land Use Code
requirements without requiring a variance; however, requests for modifications to the requirements of
Part 20.25H LUC, where allowed under the provisions of that part, may be considered together with an
application for preliminary plat so long as the resulting lots may each be developed without individually
requiring a variance; and
G. All necessary utilities, streets or access, drainage and improvements are planned to accommodate
the potential use of the entire property. (Ord. 5682, 6-26-06, § 3; Ord. 3937, 7-18-88)
20.45A.140 Preliminary plat — Time limitation.
A preliminary plat automatically expires and is void if the applicant fails to file for approval of the final plat
within five years of the effective date of the preliminary plat approval unless the plat is a phased
development and the applicant has received an extension for the preliminary plat pursuant to
LUC 20.45A.150, (Ord. 4972, 3-3-97, § 28; Ord. 4816, 12-4-95, § 126; Ord. 3937, 7-18-88)
20.45A.150 Preliminary plat — Extension for phased development.
The Director of the Development Services Department may extend a preliminary plat for a phased
development, but not including the initial phase or division one improvements, for up to three additional
years beyond the period provided in LUC 20.45A.140, if:
A. A written request for extension is filed at feast 30 days before the expiration of the preliminary plat;
and
B. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant
necessitate the extension of the preliminary plat; and
C. Conditions in the immediate vicinity of the subject property have not changed substantially since the
preliminary plat was first approved; and
D. An extension of the preliminary plat will not cause substantial detriment to existing uses in the
immediate vicinity of the subject property or to the community as a whole; and
E. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed;
and
F. The preliminary plat substantially complies with applicable City Code provisions in effect on the date
that the application for extension was made. (Ord. 5232, 7-17-00, § 14; Ord. 4972, 3-3-97, § 29;
Ord. 4816, 12-4-95, § 128; Ord. 4638, 4-4-94, § 3; Ord. 3937, 7-18-88)
20.45A.170 Preliminary plat — Effect of approval.
A. The approval of a preliminary plat by the Hearing Examiner is approval of the general acceptability of
the layout and its relation to adjoining properties. Engineering detail remains subject to the approval of the
Departments of Development Services, Transportation, and Utilities and any other applicable department.
B. After final approval of engineering drawings for public facilities within an approved preliminary plat,
permits for the development of plat improvements may be issued and work commenced. Such permits
shall be contingent upon compliance with the conditions specified on the approval of the preliminary plat,
conformance with all applicable development standards, the payment of all fees, and the submittal of
assurance devices as may be required. (Ord. 5480, 10-20-03, § 27; Ord. 4972, 3-3-97, § 31; Ord. 4816,
12-4-95, § 130; Ord. 3937, 7-18-88)
20.45A.180 Final plat — General.
The applicant must submit the final plat within five years of the effective date of the preliminary plat or the
extension date if an extension was granted pursuant to LUC 20.45A.150. (Ord. 4972, 3-3-97, § 32;
Ord. 4816, 12-4-95, § 131; Ord. 3937, 7-18-88)
20.45A.190 Final plat — Applicable procedure.
The City shall process applications for final plats and any amendment or vacation thereof as provided in
LUC 20.45A.180 through20.45A.280. The Director of the Development Services Department is the
applicable Department Director. (Ord. 5790, 12-3-07, § 5; Ord.4978, 3-17-97, § 13; Ord. 4972, 3-3-97, §
33; Ord. 4816, 12-4-95, § 132; Ord. 3937, 7-18-88)
20.45A.210 Final plat— Hearing Examiner review and approval.
A. Report to Hearing Examiner.
The Director of the Development Services Department shall submit a written report to the Hearing
Examiner evaluating compliance with the preliminary plat and with any conditions imposed on the
preliminary plat. The Director shall respond to Community Council comments on the final plat in the
report to the Hearing Examiner.
B. Hearing Examiner Action.
The Hearing Examiner shall consider the report and approve or deny the final plat. Modifications to
preliminary plat approval will be processed as provided in LUC 20.45A.250. (Ord. 4972, 3-3-97, §
35; Ord. 4816, 12-4-95, § 134; Ord. 3937, 7-18-88)
20.45A.220 Final plat — Decision criteria.
Except as provided in LUC 20.45A.250, the Hearing Examiner shall approve a final plat if it conforms to
the preliminary plat and to all conditions of approval of the preliminary plat. (Ord. 4972, 3-3-97, § 36;
Ord. 4816, 12-4-95, § 135; Ord. 3937, 7-18-88)
20.45A.230 Final plat — Community Council review.Prior to the final action by the Hearing Examiner on
any final plat which is in an area over which a Community Council has jurisdiction, the Development
Services Department shall transmit a copy of the final plat application to the Community Council for its
review. Any comments or recommendations by the Community Council as to whether the final plat meets
the requirements of the preliminary plat approval shall be submitted in writing to the Director of the
Development Services Department within 14 days of receipt of the final plat application by the Community
Council. (Ord. 4972, 3-3-97, § 37; Ord. 4816, 12-4-95, § 136; Ord. 3937, 7-18-88)
20.45A.240 Final plat — Phased development.
Portions of an approved preliminary plat may be processed separately for recording in divisions; provided,
that all divisions are approved within the prescribed time limits for the preliminary plat; and provided, that
the division does not violate the intent of the preliminary plat. Prior to the approval of a division of a final
plat the Departments of Transportation, Utilities or Development Services may require an assurance
device be submitted for construction -of improvements in subsequent divisions if such improvements -are
necessary for the continuity of transportation, utility, or other systems. (Ord. 5480, 10-20-03, § 28;
Ord. 4972, 3-3-97, § 38; Ord. 4816, 12-4-95, § 137; Ord. 3937, 7-18-88)
20.45A.250 Modification of an approved preliminary plat.
A. There are three ways to modify an approved preliminary plat: process as a new preliminary plat
application, process as an administrative amendment, or qualify for an exception.
B. General.
Except as provided in subsections C and D of this section, a modification of a previously approved
preliminary plat is treated as a new application.
C. Exception.
The following modifications of preliminary plat approval may be reviewed through plat engineering
and do not require further review:
1. Engineering detail unless the proposed detail modifies or eliminates features specifically
required as an element of the preliminary plat approval;
2. Minor changes in lot lines or lot dimensions;
3. A decrease in the number of lots to be created or an increase of no more than five percent of
the number of lots depicted on the preliminary plat.
D. Administrative Amendment.
1. Scope. A proposed amendment which the Director determines meets the criteria of this section
will be processed as an administrative amendment unless the applicant has chosen to have the
amendment reviewed as a new application.
2. Decision Criteria. The Director shall approve or approve with modifications a proposed
amendment to an approved preliminary plat if:
a. The amendment maintains the design intent or purpose of the original approval; and
b. The amendment maintains the quality of design or product established by the original
approval; and
c. The amendment does not cause a significant environmental or land use impact on or
beyond the site; and
d. Circumstances render it impractical, unfeasible or detrimental to the public interest to
accomplish the subject condition or requirement of preliminary plat approval.
3. Conditions. The Director may include conditions as part of an approval or approval with
modifications to ensure conformance with the decision criteria above.
4. Written Decision. The Director shall issue a written decision on the administrative amendment
which contains the following:
a. A description of the original preliminary plat approval and the proposed amendment; and
b. An analysis of the proposed administrative amendment using the applicable decision
criteria, including the facts upon which the decision and any conditions for the project are
based; and
c. A statement that the administrative amendment is approved, approved with modifications
or denied subject to the provisions of this section. (Ord. 5790, 12-3-07, § 3; Ord. 4972, 3-3-97,
§ 39; Ord. 4816, 12-4-95, § 138; Ord. 3937, 7-18-88)
20.45A.260 Final plat — Recording required.
A. Upon approval of a final plat, the Hearing Examiner may execute written approval on the face of the
plat, and the original of the final plat shall be returned to the subdivider for compliance with recording
requirements.
B. Approval of the final plat for recording by the Hearing Examiner shall be deemed to constitute
acceptance of any dedication shown on the plat. Approval of the final plat shall be null and void if the plat
is not recorded with King County Department of Records and Elections within 90 days after the date of
the approval. (Ord. 4972, 3-3-97, § 40; Ord. 4816, 12-4-95, § 139; Ord. 3937, 7-18-88)
20.45A.270 Final plat — Modification.
A. Scope.
Any person seeking to modify or amend a subdivision or any portion thereof shall comply with the
requirements set forth in Chapter58.17 RCW and submit an application to request the amendment
to the City.
B. Application.
1. The application shall contain the signatures of the majority of those persons having an
ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to
be modified.
2. If the subdivision is subject to restrictive covenants which were recorded at the time of the
approval of the subdivision, and the application for modification would result in the violation of a
covenant, the application shall contain an agreement signed by all parties subject to the covenants
providing that the parties agree to terminate or modify the relevant covenants to accomplish the
purpose of the alteration of the subdivision or portion thereof. Modification to existing covenants
shall be recorded simultaneous with recording of the approved modification to the final plat
pursuant to subsection E of this section.
C. Notice.
Upon receipt of an application for modification, the City shall provide notice of the application to all
owners of property within the subdivision pursuant to the requirements of
LUC 20.35.120, 20.35.135, and 20.45A.110. The notice shall either establish a date for a public
hearing or provide that a hearing may be requested by a person receiving notice within 14 days of
receipt of the notice.
D. Decision Criteria.
The Director may administratively approve or approve with modifications an application for
amendment to a final plat, provided:
1. The proposed amendment to a final plat makes appropriate provisions for, but not limited to,
the public health, safety and general welfare; for open spaces, drainage ways, streets, sidewalks,
alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and
school grounds;
2. The public use and interest is served by the amendment;
3. The proposed amendment to a final plat appropriately considers the physical characteristics of
the subdivision site;
4. The proposed amendment complies with all applicable provisions of the Land Use Code, the
Bellevue City Code, and Chapter58.17 RCW;
5. The proposed amendment is consistent with the Comprehensive Plan, BGG Title 21; and
6. Each lot in the proposal can reasonably be developed in conformance with current Land Use
Code requirements without requiring a variance; however, requests for modifications to the
requirements of Part 20.25H LUC, where allowed under the provisions of that part, may be
considered together with an application for amendment to a final plat, provided the resulting lots
may each be developed without individually requiring a variance.
E. Limitations.
1. If any land within the proposed amendment is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or
be levied equitably on the lots resulting from the alteration.
2. If any land within the proposed modification contains a dedication to the general use of persons
residing within the subdivision, such land may be altered and divided equitably between the
adjacent properties.
3. This section shall not be construed as applying to the modification or replatting of any plat of
State -granted shorelands.
F. Recording Required.
After approval of the amendment, the applicant shall produce a revised drawing of the approved
modification to the final plat which, after signature by the City, shall be filed with the County Auditor
to become the lawful plat of the property. (Ord. 5790, 12-3-07, § 5)
20.45A.280 Final plat — Vacation.
Any person or entity seeking to vacate a final plat shall follow the procedures set forth in RCW 58.17.212.
(Ord. 5790, 12-3-07, § 5)
20.45A.290 Violations — Enforcement.
Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association
who violates any provision of Chapter 58.17 RCW or this chapter relating to the sale, offer for sale, lease,
or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer
for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of
Chapter 58.17 RCW or this chapter shall be deemed a separate and distinct offense. Any other violation
of this chapter is a civil violation as provided in Chapter 1.18 BCC. (Ord. 3937, 7-18-88)
20.45A.300 Injunctive action.
The City of Bellevue, through its authorized agents to the extent provided by state law, may commence
an action to restrain and enjoin violations of this chapter, or of any term or condition of plat approval
prescribed by the City, and compel compliance with the provisions of this chapter, or with such terms or
conditions as provided by RCW 58.17.200 and 58.17.320. The costs of such action may be taxed against
the violator. (Ord. 3937, 7-18-88)